Proposal for a Council regulation imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (COM(2002) 117 - C5-0132/2002 - 2002/0059(CNS))

(Consultation procedure)

The proposal was approved as amended:

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 4 (4)  These measures fall under the scope of the Treaty and, therefore, notably with a view to avoiding distortion of competition, Community legislation is necessary to implement the relevant decisions of the Security Council as far as the territory of the Community is concerned. For the purpose of this Regulation, the territory of the Community is deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty. (4)  These measures fall under the scope of the Treaty and, therefore, Community legislation is necessary to implement the relevant decisions of the Security Council as far as the territory of the Community is concerned. For the purpose of this Regulation, the territory of the Community is deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty. Amendment 2 Recital 5 (5)  In order to create maximum legal certainty within the Community, the names and other relevant data with regard to persons, entities and bodies whose funds should be frozen further to a designation by the UN authorities, should be made publicly known and a procedure should be established within the Community to amend these lists. (5)  Taking into account the fact that the list of persons, entities and bodies whose funds should be frozen has been determined under the sole responsibility of the relevant UN Sanctions Committee, in order to create maximum legal certainty within the Community, the names and other relevant data with regard to persons, entities and bodies whose funds should be frozen further to a designation by the UN authorities, should be made publicly known and a procedure should be established within the Community to amend these lists and to request the proper procedure for the revision of the lists by the Sanctions Committee, in particular since the list in Annex I of the Regulation includes European Union citizens whose assets have been frozen, despite the fact that no judicial proceedings have taken place and no evidence has been provided. Amendment 3 Recital 5 a (new) (5a) The Court of Justice of the European Communities has jurisdiction in actions brought by the persons listed, pursuant to Article 230(4) of the Treaty. Amendment 4 Recital 5 b (new) (5b) The Court of Justice of the European Communities also has jurisdiction to give preliminary rulings concerning the validity and interpretation of this Regulation. Amendment 5 Recital 7 (7)  UN Security Council Resolution 1267 (1999) provides that the relevant UN Sanctions Committee may grant exemptions to the freezing of funds on grounds of humanitarian need. Therefore, provision needs to be made to render such exemptions applicable throughout the Community. (7)  UN Security Council Resolution 1267 (1999) provides that the relevant UN Sanctions Committee may grant exemptions to the freezing of funds on grounds of humanitarian need. Therefore, provision needs to be made to render such exemptions applicable throughout the Community. Notwithstanding the adoption of such exemptions by that Sanctions Committee, interim measures may be prescribed by the Court of Justice pursuant to Article 243 of the Treaty to ensure respect for the non&nbhy;derogable human rights referred to in Article 4(2) of the International Covenant on Civil and Political Rights (ICCPR), in particular the right to life referred to in Article 6 thereof. Amendment 6 Recital 9 (9)  The Commission and the Member States should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation, and co-operate with the relevant UN Sanctions Committee, in particular by supplying information to it. (9)  The Commission and the Member States should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation, and co-operate with the relevant UN Sanctions Committee, in particular by supplying to it any information, including requests presented by interested parties for the addition or deletion from the list of persons and entities, in particular of citizens or residents of the European Union, and for the granting by the Sanctions Committee of exemptions on grounds of humanitarian need. Amendment 7 Article 2, paragraph 3 3.  Paragraphs 1 and 2 shall not apply to funds, other financial assets and economic resources for which the Sanctions Committee has granted an exemption. Exemptions granted by the Sanctions Committee shall apply throughout the Community. 3.  Paragraphs 1 and 2 shall not apply to funds, other financial assets and economic resources for which the Sanctions Committee has granted an exemption or in respect of which interim measures have been prescibed by the Court of Justice to ensure respect for the non-derogable human rights referred to in Article 4(2) of the ICCPR. Exemptions granted by the Sanctions Committee shall apply throughout the Community. Amendment 8 Article 4, paragraph 2 a (new) 2a. Any information that could give rise to the granting of an exemption for persons or entities listed in Annex I shall be notified to the Commission. Amendment 9 Article 5, paragraph 3 3.  Any information directly received by the Commission shall be made available to the competent authorities of the Member States concerned, as listed in Annex II. 3.  Any information directly received by the Commission shall be made available to the competent authorities of the Member States concerned, as listed in Annex II, as well as to the competent committee of the European Parliament in accordance with the relevant procedures. Amendment 10 Article 7, paragraph 2 2.  Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall maintain all necessary contacts with the Sanctions Committee for the purpose of the effective implementation of this Regulation. 2.  Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations and relevant international human rights instruments, the Commission(1) shall maintain all necessary contacts with the Sanctions Committee for the purpose of the effective implementation of this Regulation including informing the Sanctions Committee of interim measures prescribed to ensure respect for the non&nbhy;derogable human rights and, where appropriate, of requests for the addition or deletion from the lists of persons and entities, in particular of citizens or residents of the European Union, and for the granting of exemptions by the Sanctions Committee on grounds of humanitarian need. _____________ (1)  In the common position to be adopted by the Council pursuant to Article 15 of the EU Treaty, on which the European Parliament should in future be consulted, it should be clearly stated that "The Commission, the Council, and the Member States shall in their contacts with the UN Security Council and its committees support the common positions agreed within the Council." Amendment 11 Article 7, paragraph 2 a (new) 2a. The Commission shall regularly inform the European Parliament of its contacts with the Sanctions Committee and, in particular, of cases where a request to delete from the list citizens or residents of the European Union or to grant an exemption is refused. Amendment 12 Article 7, paragraph 2 b (new) 2b. The Commission shall also provide to the competent committee of the European Parliament, in accordance with the relevant procedures, the implementation reports submitted in accordance with paragraph 10 of UN Security Council Resolution 1267(1999). Amendment 13 Article 9 This Regulation shall apply notwithstanding any rights conferred or obligations imposed by any international agreement signed or any contract entered into or any licence or permit granted before the entry into force of this Regulation. Without prejudice to the respect of non&nbhy;derogable human rights referred to in Article 4(2) of the ICCPR, this Regulation shall apply notwithstanding any rights conferred or obligations imposed by any international agreement signed or any contract entered into or any licence or permit granted before the entry into force of this Regulation. Amendment 14 Article 13, paragraph 1 a (new) This Regulation shall expire on the same day as UN Security Council Resolutions 1267(1999) and 1390(2002).

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work (COM(2001) 417 – C5&nbhy;0347/2001 – 2001/0165(COD))

P5_TA(2002)0176 A5-0091/2002

(Codecision procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2001) 417(1)),

–  having regard to Article 251(2) of the EC Treaty and Article 137(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5&nbhy;0347/2001),

–  having regard to Rule 67 of its Rules of Procedure,

–  having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on the Environment, Public Health and Consumer Policy (A5&nbhy;0091/2002),

1.  Approves the Commission proposal as amended;

2.  Asks to be consulted again should the Commission intend to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

Position of the European Parliament adopted at first reading on 11 April 2002 with a view to the adoption of European Parliament and Council Directive 2002/…./EC amending Council Directive 83/477/EEC on the protection of workers from the risks related to exposure to asbestos at work

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 137 (2) thereof,

Having regard to the proposal from the Commission, drawn up following consultation with social partners and with the Advisory Committee on Safety, Hygiene and Health Protection at Work(2),

Having regard to the Opinion of the Economic and Social Committee,

Having regard to the Opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

(1)  The Council in its Conclusions of 7 April 1998 on the protection of workers against the risks from exposure to asbestos(4) invites the Commission to bring forward proposals for amending Directive 83/477/EEC(5), considering in particular the merits of refocusing protective measures on those who are now most at risk.

(2)  In view of the Council's Conclusions, the Commission should submit proposals to amend Directive 83/477/EEC in the light of the more detailed research on limits for exposure to chrysotile and the methods for measuring airborne asbestos (having regard to the method adopted by the World Health Organisation (WHO)). Similar steps should be taken regarding substitute fibres.

(  3) The Economic and Social Committee, in its Opinion on "Asbestos"(6), calls on the Commission to take new measures to reduce the risks to workers.

(  4) The ban on the marketing and use of chrysotile asbestos introduced by Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations(7) as amended in 1999 by Commission Directive 1999/77/EC(8), with effect from 1 January 2005, will contribute to a substantial reduction in asbestos-exposure of workers.

(5)  In the light of Directive 83/477/EEC, Member States, through the proper official authorities and authorities serving the public interest, notably civil protection services, factories inspectorates, local authorities, employers' organisations in the industries most directly concerned, trade unions, victims' associations, and any bodies that might wish to intervene, should ensure full compliance with European and national legislation by every means available, to avoid asbestos-related diseases claiming further deaths in the future.

(  6) All workers must be protected against the risks associated with exposure to asbestos and the derogations applicable to the sea and air transport sectors should therefore be removed.

(7)  Those Member States that need to avail themselves of the possibility to extend the deadline for applying the ban on the use of chrysotile should, bearing in mind the socio-economic aspects of the industries concerned, encourage the use of substitute products in order to comply as quickly as possible with the total ban on chrysotile for reasons of health protection, as laid down in point 6.2. of Annex I to Directive 76/769/EEC as amended by Directive 1999/77/EC.

(8)  Member States should pay particular heed to the rights of workers, not least their right to health, after mines or factories manufacturing asbestos products have closed down.

(  9) In order to ensure clarity in the definition of the fibres, they should be redefined either in mineralogical terms or with regard to their Chemical Abstract Service (CAS) number.

(10)  It is worrying that the Commission at present does not have sufficient human resources to meet the needs of technical scientific updating, assessment of enforcement of legislation and revision thereof, and exchange of good practices and relevant information among Member States, for example in connection with the activities of the European Foundation for the Improvement of Living and Working Conditions and the European Agency for Safety and Health at Work.

(  11) Without prejudice to the application of other Community provisions concerning marketing and use of asbestos, limiting the activities involving exposure to asbestos will play a very important role in preventing the diseases associated with such exposure.

(12)  In the light of legal developments outside the EU, the Commission should, in conjunction with the amendment of Directive 83/477/EEC, support the ILO in seeking the widest possible application among European Union Member States and other countries of Convention 162 and Recommendation 172 and support the IMO initiative to revise SOLAS regulation IX/1, with a view to protecting crews and passengers by laying down specific operating rules to be observed by teams carrying out repair work.

(  13) The notification system of activities involving exposure to asbestos should be adapted to the new work situations.

(14)  Buildings used by large numbers of people, such as offices, hospitals, schools, and the like, sometimes need to be repaired. Whenever a project supervisor has ascertained the presence of asbestos, that fact should be reported to the proper authorities. The technical specifications of the work to be carried out on the above premises should include the measures required to comply strictly with national and Community legislation, thus protecting not only the workers, but also users and residents.

(  15) Taking account of the latest technical expertise, it is necessary to specify more precisely the sampling methodology used to measure the asbestos level in air and the method of counting fibres.

(16)  As regards the ban on the marketing and use of asbestos, the Commission and the Member States should agree on a common position within the WTO to protect European Union Member States which decide to implement the ban before 2005. In addition, they should inform the public about current and future mining operations in the European Union.

(  17) Even if it has not yet been possible to identify the exposure threshold below which asbestos does not involve a cancer risk, the limit value for occupational exposure to asbestos should be reduced.

(  18) The persons responsible for buildings should be required to identify, before the start of the asbestos removal project, the presence or presumed presence of asbestos in buildings or installations and communicate this information to others who may be exposed by the use, maintenance or other activities in, on or in the immediate vicinity of the building.

(  19) It should be ensured that demolition or asbestos removal work is carried out by undertakings which are familiar with all the precautions to be taken in order to protect workers.

(  20) Special training for workers exposed or likely to be exposed to asbestos should be ensured in order significantly to contribute to reducing the risks related to such exposure.

(21)  Particular attention should be brought to bear on compliance with labour law, which in this instance is vitally important, especially to help combat precarious employment and ensure compliance with health and safety standards at work.

(  22) The content of the exposure and medical records provided for in Directive 83/477/EEC should be brought into line with the records referred to in Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)(9).

(  23) It is appropriate to update the practical recommendations on the clinical surveillance of exposed workers in the light of the latest medical expertise, with a view to the early detection of pathologies linked to asbestos.

(  24) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the desired objectives of Directive 83/477/EEC to amend it as proposed. These amendments do not go beyond what is necessary in order to achieve the objectives pursued in accordance with the third paragraph of Article 5 of the Treaty.

(  25) The amendments contained in this Directive constitute a concrete contribution towards creating the social dimension of the internal market.

(26)  The probable admission of new Member States from Central and Eastern Europe increases the need to deal effectively with the problem of exposure to asbestos and resultant ill health. Asbestos was more widely used in these countries than in existing Member States, and can be found in high concentrations both internally and externally, having been used in the construction of workplaces, dwellings, places of entertainment and many other facilities, and in many cases demands a more systematic programme of removal than that laid down for the existing Member States.

(  27) These amendments are limited to the minimum in order not to impose unnecessary burden to the creation and development of small and medium-sized enterprises.

(28)  In order to avoid unfair competition and inequalities in the level of protection afforded to workers and others, the Commission should bring forward as soon as is possible, and in any case not later than 31 December 2003, proposals laying down minimum standards with which all national registration schemes for firms involved in the demolition, maintenance or renovation of buildings containing or possibly containing asbestos must comply.

(  29) In accordance with Decision 74/325/EEC(10), the Advisory Committee on Safety, Hygiene and Health Protection at Work must be consulted by the Commission concerning the preparation of proposals in this field.

(  30) Directive 83/477/EEC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 83/477/EEC is amended as follows:

(1)  In Article 1, paragraph 2 is deleted.

(2)  Article 2 is replaced by the following:

"Article 2

(  3) Article 4 is amended as follows:

When asbestos is being removed, the notification shall also include information about the period when the asbestos removal project will actually take place, and information about the measures which will be taken to limit the exposure to asbestos of the workers involved. The notification shall be submitted prior to the start of the asbestos removal project."

(b)  Paragraph 4 is replaced by the following:

"4. Each time a change occurs in working conditions which can result in a change in exposure to dust from asbestos or materials containing asbestos, a new notification must be submitted."

(  4) Article 6 is replaced by the following:

"Article 6

For all activities referred to in Article 3(1), the exposure of workers to dust arising from asbestos or materials containing asbestos at the place of work must be reduced to a minimum and in any case below the limit values laid down in Article 8, in particular through the following measures:

1.  The number of workers exposed or likely to be exposed to dust arising from asbestos or materials containing asbestos must be limited to the lowest possible figure.

2.  Work processes must be so designed as to prevent the release of asbestos dust in the air inside and in the environment of the place of work.

3.  All premises and equipment involved in the treatment of asbestos must be capable of being regularly and effectively cleaned and maintained.

4.  Asbestos or dust-generating asbestos-containing material must be stored and transported in suitable sealed packing.

5.  Waste must be collected and removed from the place of work as soon as possible in suitable sealed packing with labels indicating that it contains asbestos. This measure shall not apply to mining activities.

The waste referred to in the first paragraph shall then be dealt with in accordance with Council Directive 91/689/EEC of 12 December 1991 on hazardous waste*.

* OJ L 377, 31.12.1991, p. 20"

(  5) Article 7 is replaced by the following:

"Article 7

1.  Depending on the results of the initial risk assessment, and in order to ensure compliance with the limit values laid down in Article 8, measurement of asbestos fibres in the air at the place of work shall be carried out regularly.

2.  Sampling must be representative of the personal exposure of the worker to dust arising from asbestos or materials containing asbestos.

3.  Sampling shall be carried out after consulting the workers and/or their representatives in undertakings.

4.  Sampling shall be carried out by suitably qualified personnel. The samples taken shall be subsequently analysed in laboratories equipped to analyse them and qualified to apply the necessary identification techniques.

5.  The duration of sampling must be such that representative exposure can be established for an eight-hour reference period (one shift) by means of measurements or time-weighted calculations.

6.  Fibre counting shall be carried out by PCM (phase contrast microscope) in accordance with the 1997 WHO (World Health Organisation) recommended method*, although this shall not preclude the use of other more rigorous methods, in particular the SEM-EDX (Scanning Electron Microscopy – Energy Dispersive X-ray Analyser) method.

For the purposes of measuring asbestos in the air, as referred to in the first subparagraph, only fibres with a length of more than five micrometres and a length/breadth ratio greater than 3:1 shall be taken into consideration.

* Determination of airborne fibre number concentrations. A recommended method, by phase-contrast optical microscopy (membrane filter method), WHO, Genève 1997 (ISBN 92 4 154496 1)."

(  6) Article 8 is replaced by the following:

"Article 8

(  7) In Article 9 paragraph 1 is deleted.

(  8) Article 10 is amended as follows:

"Where the limit values laid down in Article 8 are exceeded, the reasons for the limit being exceeded must be identified and appropriate measures to remedy the situation must be taken as soon as possible."

(  9) The following Article is inserted:

"Article 10a

Before beginning demolition or maintenance work, employers in control of worksite premises shall take, if appropriate by obtaining information from owners, local authorities, civil protection services, and other authorities, bodies or individuals and in general from anyone who can provide, add to or upgrade such information, all necessary steps and tests to identify presumed asbestos-containing materials.

Where the complete absence of asbestos cannot be guaranteed, work shall be conducted according to the regulations and procedures to be followed when asbestos is present."

(  10) In Article 11 paragraph 1 is replaced by the following:

(  11) In Article 12 (2) the first two subparagraphs are replaced by the following:

"2. The plan referred to in paragraph 1 must prescribe the measures necessary to ensure the safety and health of workers at the place of work.

(  12) The following Article is inserted:

"Article 12a

1.  Employers shall provide appropriate training for all workers who are, or are liable to be, exposed to asbestos-containing dust. Such training must be made available at regular intervals and at no cost to the workers.

2.  The public bodies responsible for civil protection and health and safety at work shall provide information and training for SMUs and self-employed persons, the cost of which shall be financed in accordance with the legislation of each Member State.

3.  Training must be easily understandable for workers and must inform them among others of:

4.  Practical guidelines for the training of asbestos removal workers shall be developed at Community level."

(  13) The following Article is inserted:

"Article 12b

In order to carry out asbestos demolition or removal work, firms must provide evidence of their ability in this field. Each Member State shall establish a national register of suitable, competent enterprises."

(  14) In Article 14 (2), point (b) is replaced by the following:

"(b) if the results exceed the limit values laid down in Article 8 the workers concerned and their representatives in the undertaking or establishment are informed as quickly as possible of the fact and the reason for it and the workers and/or their representatives in the undertaking or establishment are consulted on the measures to be taken or, in an emergency, are informed of the measures which have been taken."

(15)  In Article 15, paragraph 3 is replaced by the following:

"3. Information and advice must be given to workers regarding any assessment of their health which they may undergo following the end of exposure.

The approved medical practitioner or approved occupational health services may indicate the need for medical surveillance to continue after cessation of work for as long as they consider it necessary to safeguard the health of the person concerned.

Such continuing surveillance must be carried out in accordance with the laws and practices of the individual Member States."

(16)  In Article 16, paragraph 2 is replaced by the following:

"2. The register referred to in point 1 and the medical records referred to in point 1 of Article 15 shall be kept for at least 40 years following the end of exposure, in accordance with national laws and/or practice."

(17)  In Article 16 the following paragraph 3 is added:

"3. The documents referred to in point 2 shall be made available to the responsible authority in cases where the undertaking ceases activity, in accordance with national laws and/or practice".

(18)  The following articles are inserted:

"Article 16 a

Member States shall introduce adequate and dissuasive sanctions against breaches of the national legislation adopted pursuant to this Directive.

Article 16 b

Member States shall set up a national registry of public buildings and of industrial and commercial buildings and sites containing asbestos."

(19)  Article 17 is replaced by the following:

"Article 17

Member States shall keep a register of recognised cases of asbestosis, mesothelioma and other asbestos-related cancers. This register shall be comprehensive, thorough and kept up-to-date. It shall form part of a national health monitoring system for persons who may have been exposed to asbestos."

(  20) Annex I is deleted.

(21)  Point 1 of Annex II is replaced by the following:

In addition, any pathology caused by occupational exposure to asbestos should be considered an occupational disease. Where there is doubt, the burden of proof shall lie with the employer."

(  22) Point 3 of Annex II is replaced by the following:

The doctor and/or authority responsible for the health surveillance should decide on further examinations, such as sputum cytology tests or a chest X-ray or a tomodensitometry in each individual case, in the light of the latest occupational health knowledge available."

(23)  In Annex II, the following point is added:

"4. Diagnostic criteria shall in principle be common and should be agreed at Community level. The Commission shall, after consultation with the Member States and interested parties, submit as soon as possible, and in any case by 31 December 2003, a proposal for common diagnostic criteria."

Article 2

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2004, at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.

2.  Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive is addressed to the Member States.

Done at

For the European Parliament For the Council

The President The President

(1) OJ C 304 E, 30.10.2001, p. 179. (2) OJ C 304 E, 30.10.2001, p. 179. (3) Position of the European Parliament of 11 April 2002 (4) OJ C 142, 7.5.1998, p.1. (5) OJ L 263, 24.9.1983, p. 25. Directive as last amended by Directive 98/24/EC (OJ L 131, 5.5.1998, p. 11). (6) OJ C 138, 18.5.1999, p. 24. (7) OJ L 262, 27.9.1976, p. 201. (8) OJ L 207, 6.8.1999, p. 18. (9) OJ L 196, 26.7.1990, p. 1. Directive as last amended by Directive 1999/38/EC (OJ L 138, 1.6.1999, p. 66). (10) OJ L 185, 9.7.1974, p. 15. Decision as last amended by the Act of Accession of Austria, Finland and Sweden.

Proposal for a Council regulation on the common organisation of the market in ethyl alcohol of agricultural origin (COM(2001) 101 – C5&nbhy;0095/2001 – 2001/0055(CNS))

P5_TA(2002)0177 A5-0073/2002

(Consultation procedure)

The proposal was rejected(1).

(1) The matter was then referred back to committee pursuant to Rule 68(3).

European Parliament resolution on the Commission communication to the Council and the European Parliament to prepare the meeting of Euro-Mediterranean Foreign Ministers, Valencia, 22-23 April 2002 (SEC(2002) 159 – C5&nbhy;0128/2002– 2002/2057(COS))

P5_TA(2002)0178 A5-0087/2002

The European Parliament,

–  having regard to the Commission communication to the Council and the European Parliament (SEC(2002) 159 – C5&nbhy;0128/2002),

–  having regard to Articles 11 to 18, 21, 23, 27 and 28 of the Treaty,

–  having regard to the Barcelona Declaration and the work programme of 28 November 1995 adopted at the Barcelona Conference,

–  having regard to the conclusions of the Malta Conference of 15 and 16 April 1997, the Palermo Conference of 3 and 4 June 1998, the Stuttgart Conference of 15 and 16 April 1999, the Marseilles Conference of 16 and 17 November 2000 and the Brussels Conference of 5 and 6 November 2001 and the conclusions of the Civil Forums held in Malta, Naples, Stuttgart, Marseilles and Brussels,

–  having regard to the Common Strategy of the European Union on the Mediterranean region, as laid down by the Feira European Council on 19 June 2000, and its resolution of 1 February 2001(1) on the matter,

–  having regard to the final declarations of the first, second and third Euro-Mediterranean Parliamentary Forums, held in Brussels on 27 and 28 October 1998, 8 and 9 February 2001 and 8 November 2001 respectively,

–  having regard to its previous resolutions of 11 October 1995 on the Mediterranean policy of the European Union with a view to the Barcelona Conference (COM(1994) 427 - C4-0213/1994 and COM(1995) 72- C4-0119/1995)(2) and 14 December 1995 on the Euro-Mediterranean Conference in Barcelona(3), 13 March 1997 on the joint report by the Presidency of the Council and the Commission on Mediterranean policy - follow-up to the Barcelona Conference (7987/1996 - C4-0414/1996)(4) and, in particular, its resolution of 1 February 2001 on the communication from the Commission to the Council and the European Parliament to prepare the fourth meeting of Euro-Mediterranean foreign ministers "reinvigorating the Barcelona Process" (COM(2000) 497 - C5-0630/2000 - 2000/2294(COS))(5),

–  having regard to its resolution of 14 May 1998 on Euro-Mediterranean Agreements(6), its recommendation to the Council of 11 March 1999 on the European Union's Mediterranean policy(7) and its resolutions of 30 March 2000 on Mediterranean policy(8) and 15 November 2000 on EU Mediterranean policy in the run-up to the fourth meeting of Euro-Mediterranean Ministers for Foreign Affairs in Marseille(9),

–  having regard to, in particular, its resolutions of 11 March 1999 on the Commission communication: 'The role of the European Union in the peace process and its future assistance to the Middle East' (COM(1997) 715 - C4-0114/1998)(10) of 20 January 2000 on the Middle East peace process(11) of 5 October 2000(12), 17 May 2001(13) and 7 February 2002(14) on the situation in the Middle East, and its recommendation to the Council of 13 December 2001 on the crisis in the Middle East and the role of the European Union in the region(15),

–  having regard to the declaration on the Middle East adopted by the European Council in Barcelona on 16 March 2002, and United Nations Security Council resolutions 1397 and 1402, adopted on 12 March 2002 and 30 March 2002 respectively,

–  having regard to Rule 47(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy (A5&nbhy;0087/2002),

A.  whereas the extraordinary changes and events of recent times, both in the international sphere and within the European Union, make it more necessary than ever to deepen and strengthen Euro-Mediterranean relations by reinforcing with action the statements of political will set out in the Barcelona Declaration of 1995,

B.  whereas the terrible events of 11 September 2001 in the United States have tragically illustrated the crucial importance of dialogue and cooperation in the world and, in the case of the European Union, particularly with the Mediterranean region,

C.  whereas the stepping-up of relations between the Union and its Mediterranean partners is particularly necessary in the light of the launch of the euro on 1 January 2002, the opening of negotiations on the most crucial chapters for the enlargement of the Union and the beginning of the work of the Convention on the future of Europe,

D.  whereas the strategic dimension of the Barcelona Process today represents the most important and crucial instrument for dialogue and cooperation between the European Union and its Mediterranean partners and whereas the relaunch of this process would represent a vital contribution to the Middle East peace process,

E.  whereas strengthening the Barcelona Process will require in particular the establishment of much more effective instruments in the fields of security, finance and social questions,

F.  whereas the signing of the Association Agreement with Egypt on 21 September 2001 and the initialling of agreements with Algeria on 19 December 2001 and Lebanon on 10 January 2002 represent decisive steps in the process of creating a free trade area between the EU and its Mediterranean partners,

G.  whereas the Barcelona Process must not under any circumstances remain the preserve of political or economic elites in the region, but must embrace and promote Mediterranean society as a whole,

H.  whereas the Euro-Mediterranean partnership is one of the top priorities of EU policies, with the aim of creating an area of shared prosperity and of setting up effective long-term action on conflict prevention,

I.  whereas cooperation between the Mediterranean countries and their European neighbours is necessary,

1.  Welcomes the Commission communication and its approach, putting forward in a practical and appropriate manner various concrete recommendations to give a renewed impetus to the Barcelona Process, although more concrete details and imaginative proposals could still be included, with special attention being given to the various subregional situations, to reinforce the political will of all the Mediterranean partners in favour of the Process and the joint programmes and projects;

2.  Unreservedly supports the launch, proposed by the Commission, of an Action Plan at the Euro-Mediterranean Ministerial Conference to be held in Valencia on 22 and 23 April 2002; considers that the Plan should include all the new initiatives necessary to stimulate the three fundamental objectives of the Barcelona Process, and should constitute the key political commitment of the conference;

3.  Considers that, when deciding on this plan, the Conference should take particular account of the proposals made by the Commission and the Mediterranean partners, the outcome of the final declarations of the three Euro-Mediterranean parliamentary forums which have been held, and the proposals put forward in this resolution;

In support of reinforced political dialogue and Euro-Mediterranean political and security cooperation

4.  Proposes a reinforced Euro-Mediterranean political dialogue, on subjects which should include the new ESDP, in the context of mutual security; conflict prevention; the threat of terrorism; the promotion of democracy, human rights and the rule of law; governance; the fight against poverty; environmental and sustainable development issues; maritime transport safety; immigration and justice issues and the fight against drug-trafficking, terrorism, arms-trafficking and all other forms of organised crime;

5.  Reiterates that it is vital for the Barcelona Process to ensure strict compliance with human rights, individual freedoms and democratic principles as fundamental factors in establishing an area of peace, stability and sustainable economic development in the Mediterranean basin;

6.  Calls on the Mediterranean partners to respect and comply with the principles and commitments underlying the Union's human rights policy, with particular reference to the provisions contained in the 'democracy clauses' included in all Euro-Mediterranean association agreements, and calls on the Commission to spell out the implementing measures needed to ensure that these clauses are fully effective; calls also on the Member States to ensure that these principles are observed in their relations with the associated countries;

7.  Deplores the serious violations of human rights observed in various Barcelona Process partners with regard, in particular, to those countries where the human rights situation has worsened after the signing of the relevant association agreement, and urges all governments and authorities in the region to take the measures necessary to guarantee full and unconditional respect for human rights;

8.  Welcomes the recent progress in the field of international relations made by Libya and the willingness it has shown in the fight against terrorism; hopes that relations between the Union and Libya can develop without further obstacles in the context of the Barcelona Process and, in particular, in the framework of EU/UMA relations; reaffirms the desire of the Euro-Mediterranean parliaments for the obstacles linked to the embargo to be removed, in accordance with the United Nations resolutions;

9.  Reiterates also the request that Mauritania should take part in the Barcelona Process political dialogue as a full member;

The Barcelona Process and cooperation in a common front against terrorism

10.  Calls on all the Euro-Mediterranean partners to give unconditional backing to the convening of an International Conference on Terrorism under the auspices of the United Nations, and to adopt a joint approach to the drafting of a general convention on terrorism;

11.  Calls on all Mediterranean partners which have not yet done so to sign, ratify and comply strictly with all international treaties in force on measures to combat terrorism;

12.  Supports, on the basis of United Nations Security Council Resolutions 1368 and 1373 (2001), the decision by the states participating in the Barcelona Process to pursue and bring to justice those who perpetrate, plan and sponsor terrorist acts; urges the associated states to conclude the necessary agreements on extradition and to sign, ratify and apply the Rome Statute establishing the international criminal court as soon as possible;

13.  Proposes that a Euro-Mediterranean contact network should be established, to facilitate the exchange of information and cooperation in the fight against terrorism, and proposes that a common Code of Conduct should be drafted for the fight against this scourge;

14.  Reaffirms that the fight against international terrorism should not be based only on military action but should use all available diplomatic and political instruments;

15.  Supports the endeavours of the various partner countries to combat terrorism at home, but considers it necessary for a broad social consensus to be secured, primarily by extending democracy and meeting social needs, e.g. through measures to combat unemployment;

In support of reinforced economic and financial cooperation and the establishment of a Euro-Mediterranean free trade area

16.  Reiterates its support for the establishment of a free trade area by 2010 that would entail the creation of a genuine "common market' and would cover all goods, capital and services, and proposes in particular that a regulatory framework and a timetable for harmonisation measures in certain priority sectors, including services, should be established in Valencia;

17.  Takes note of the signature of the Association Agreement with Egypt, the recent initialling of the Association Agreement with Algeria and Lebanon and the continuation of negotiations for an association agreement with Syria;

18.  Believes that assessments need to be made in order to gauge the economic, social, and environmental impact of the economic measures to be implemented in connection with the free trade area;

19.  Repeats its request that in due course the bilateral association agreements, which represent decisive steps in the process of establishing a free trade area between the European Union and its Mediterranean partners, should be replaced by a single multilateral agreement;

20.  Expresses its firm support for the Agadir Declaration and strongly backs the creation of a free trade area between Egypt, Jordan, Morocco and Tunisia within the framework of the Agadir process; urges these countries to conclude an agreement to this effect during the first half of 2002, in order to help give a real boost to South-South trade as quickly as possible, thereby acknowledging the importance which a substantial increase in trade would have for the interests of the Mediterranean partners;

21.  Is in favour of developing cooperation in the field of public services (transport, energy, telecommunications, education, health) that would boost the economic development of the Mediterranean countries and meet the needs of their peoples;

22.  Urges other Mediterranean partners not currently part of the Agadir process to join that process as soon as possible and to accept the philosophy which inspired its founder members and the acquis it has built up;

23.  Commends the recent technical decisions adopted in the field of trade on rules of origin and calls on all the Mediterranean partners to pursue their efforts in the field of environmental, health and plant health harmonisation in order to secure the establishment of a genuine internal Euro-Mediterranean market;

24.  Reiterates the need to give priority to supporting private investment, since this is a crucial factor in the success of the Barcelona Process and reciprocal economic development; with this in view, stresses the importance of training, developing infrastructure networks, the cost of labour and the internal market dimension for the partner countries;

25.  Deplores therefore the inadequacy of direct foreign and local investment in the area and calls on the partner states and relevant institutions to increase investment rapidly and substantially;

26.  Stresses that it is absolutely vital to carry through all the economic, legal and administrative reforms needed to create a favourable framework for private investment in all the Mediterranean partner countries;

27.  Proposes in particular that cooperation in the process of economic integration be enhanced by introducing a network of national agencies responsible for promoting investment in the Euro-Mediterranean countries, with a view to substantially strengthening private external investment in the countries of the Barcelona Process;

28.  Considers it absolutely essential, to that end, to be successful in combating corruption and excessive bureaucracy;

29.  Regrets the incongruent situation whereby borders are closed between certain Mediterranean partners, since this is against the spirit of the Barcelona Process, which is seeking to establish a genuine free-trade area; stresses that the MEDA programmes should encourage initiatives to promote structural reforms in the economies of the Mediterranean partner countries, with the aim of making these economies more complementary and encouraging trade in agriculture and energy in particular; regrets that South/South trade is so limited;

30.  Supports also the Commission's proposal to strengthen the dialogue on economic policy among the partners, at bilateral and multilateral level, and to enter into much greater detail, particularly as regards growth and employment; in any event, the social partners (employers and trade unions) should take part in this dialogue; calls on the Council and Member States to propose relevant measures in international bodies to reduce and convert the external debt of the Mediterranean partner countries;

31.  Considers that the proposals by the European Council in Barcelona of 15 and 16 March 2002 and the decision of the ECOFIN Council do not run counter to the prospect of setting up a Euro-Mediterranean development bank at a later stage; considers the decision to introduce an enhanced Euro-Mediterranean investment mechanism within the EIB and set up an EIB office in the region to be an initial positive step in this direction capable of encouraging investment flows in the near future; takes the view that Parliament should give its opinion on this matter; with this in view, calls on the Commission to submit a new specific communication at an early date covering financial needs, existing financing flows, and the most appropriate institutional financial machinery;

32.  Calls again for Euro-Mediterranean cooperation to be brought into line with the needs of the environment and sustainable development and calls on the partner countries to adopt the measures necessary with regard to integrated management of water resources, waste disposal, critical points (polluted areas and biodiversity risks), integrated management of coastal areas and measures to combat desertification, making use of the European Union's practical know-how and extensive experience;

33.  Considers that micro-businesses and SME have a vital role to play in strengthening the Euro-Mediterranean industrial cooperation and therefore calls for the introduction of specific programmes of technical and financial assistance for both these sectors and for programmes geared to vocational training to be stepped up;

34.  Supports the Commission's proposals to launch regional infrastructure strategies including, where necessary, interconnections with the trans-European networks and to contribute to their funding from bodies such as the EIB and the World Bank, as well as through private sector participation; calls on the Commission, when implementing the strategies, to pay heed to the need for proper regional planning and improved use of existing resources in each of the partner countries, including energy resources;

35.  Reiterates the need to consider carefully the possibilities for increased and mutually beneficial liberalisation of trade in agricultural products, involving a strategy taking into account the complementary nature of Mediterranean agriculture, and to introduce a Euro-Mediterranean agricultural policy; this policy should take into account both the impact of agricultural liberalisation on certain Mediterranean regions geographically close to the EU and the social and environmental dimensions of agriculture;

36.  Calls for the swift and effective implementation of the Euro-Mediterranean regional programme for local water management which, with funding from MEDA, should significantly improve the management of existing drinking water resources, sanitary infrastructures, measures to combat drought and irrigation management;

37.  Calls in addition for the promotion of the role of women in economic development and support for women's organisations, associations, undertakings and networks in the countries of the region; supports the regional programmes drawn up by the Commission to promote equal opportunities for women, helping them to participate in economic life and, in this connection, supports the drawing-up of action plans in each country; stresses the importance of recognising and respecting women's rights, particularly the "personal statute', so as to secure ongoing democratisation of the Mediterranean partner countries and calls for reforms to be introduced to this end;

38.  Stresses the key role played by civil associations; urges the Commission, in this connection, to find ways of developing and consolidating them with regard, in particular, to the setting up of independent local NGOs;

39.  Calls again on the Council and Commission to promote a regional programme for a Euro-Mediterranean social area taking into account employment and the labour market, training, social rights and migratory processes;

In support of intercultural dialogue and genuine Euro-Mediterranean cooperation on social, cultural and human activities

40.  Reaffirms its commitment to helping to strengthen all arrangements for intercultural dialogue and to promote inter-religious dialogue between the partner countries to enable the Euro-Mediterranean peoples to consolidate the mutual respect, understanding and tolerance which they feel;

41.  Endorses the Presidency's proposal to launch a framework programme for dialogue between cultures and civilisations, with particular reference to the spheres of education, youth and the media;

42.  Firmly endorses the Commission's proposal to create a Euro-Mediterranean Foundation to promote dialogue between cultures and civilisations, and the funding envisaged of EUR 1 million from each Member State and the Commission, together with voluntary contributions from each Mediterranean partner and calls on the Commission to draw up a firm proposal to put this idea into practice;

43.  Expresses its support for the regional programmes under way in the culture, audiovisual and youth fields in the context of a spirit of cultural identity; expresses in particular its firm support for the Euromed Heritage II and Euromed Audiovisual II programmes;

44.  Calls for the implementation of policies for vocational training, universities, technology and education, the definition of local and regional development programmes, and the promotion of programmes to further equal opportunities and health and safety at work;

45.  Calls for all existing European Union programmes for schools, universities, vocational training, cultural heritage, the information society and new technologies, communications media, research and development, the environment and small and medium-sized businesses, to be extended to the Mediterranean partner countries;

46.  Stresses once again the need to launch a wide-ranging debate between the Commission, the Council, the public authorities of the fifteen Member States, Parliament and representative associations, in order to identify legal methods and tools to introduce harmonised legislation in all Member States on migration flow organisation;

47.  Proposes once again that the object of the debate on the regulation of migration (including measures to combat illegal immigration and the gangs that profit from it) should be to enable migration to be jointly managed, to lay down policies on temporary migration, to introduce a special travel visa for businessmen and women, academics, researchers, students, journalists, or trade-unionists, involved in the Euro-Mediterranean partnership, to harness immigration to assist development in countries of origin (aid for migrants' projects in their countries of origin), and to introduce an explicit integration policy in host countries in relation to legally established immigrants;

48.  Proposes that a Euro-Mediterranean contact network be set up to pave the way for exchanges of information and cooperation on immigration;

49.  Calls for a regional programme in the justice and home affairs sphere to be signed in the near future; the programme ought to give special consideration to judicial cooperation and the fight against terrorism and organised crime;

50.  Reiterates that this programme should pay special attention to cooperation in the fight against illegal immigration and trafficking in human beings, so as to obtain a better understanding of the ties between economic and commercial globalisation and migration and establish co-development strategies;

51.  Calls on the Commission to launch a study, in which the Parliament should be involved, on consolidation of democracy in the Euro-Mediterranean area with a view to strengthening the strategy and the means designed to enable civil society to participate in the partnership;

52.  Firmly supports stronger Euro-Mediterranean cooperation on the information society and calls for specific measures to adapt and develop telecommunications infrastructures and services, research and development in this field and human resources training and specialisation;

53.  Proposes that the Euroscola programme be extended to young people from all the Barcelona process countries through the organisation of two annual days (in Strasbourg and in a Mediterranean third country);

54.  Stresses the need to improve customs cooperation throughout the Euro-Mediterranean territory, particularly as regards vocational training, simplification of customs procedures and measures to combat fraud;

Concerning the funding of the enhanced Barcelona Process and the MEDA programme

55.  Continues to believe that it is vital for the MEDA programme to be better managed and for financial aid cooperation to be much more decentralised, with the objective of making progress in the areas of human rights and democratisation, sound management of public affairs, the primacy of law and sustainable development;

56.  Considers therefore that, despite the considerable progress made, the efforts successfully launched by the Commission in recent times to make the MEDA programme less bureaucratic with regard to project management must be resolutely pursued; stresses its total support for funding the regional dimension of the partnership and calls for a redistribution of the funds provided under the MEDA programme in order to boost this dimension;

57.  Also urges the Mediterranean partners to make the necessary efforts in all areas so as to be able to absorb and properly benefit from the assistance provided under the various existing programmes;

58.  Points out, in this respect, the need to readjust MEDA Democracy programmes in order to make them more flexible and available for small-scale projects, with a view to raising public awareness of the Barcelona Process;

59.  Calls on the Mediterranean partners to make full use of the investment opportunities offered by the EIB, and supports the Commission's proposal to establish a new programme within MEDA to provide risk capital facilities in the investment sector;

The Barcelona Process as a key supporting measure in resolving the Middle East conflict

60.  Acknowledges that a solution to the conflict in the Middle East is a fundamental condition for achieving peace and stability in the Mediterranean region; agrees nonetheless with the Spanish Presidency that the complementary nature of both processes must not be allowed to translate in reality into a weakening in the Barcelona Process;

61.  Considers it vital for all the Mediterranean partners and the European Union in particular to be more closely involved in efforts to find solutions to the conflict in the Middle East, bearing in mind the great potential of the Barcelona Process as a special instrument for dialogue and cooperation between the Union and the countries of the southern and eastern Mediterranean;

62.  Calls therefore for all political, economic, cultural and social cooperation instruments under the Barcelona Process to be used in a clear and committed manner to further the Middle East peace process, with a much clearer emphasis on supporting the populations and the peace policies of the governments of the countries involved in the conflict than has hitherto been the case;

63.  Reiterates its call for a prompt and unconditional resumption of the negotiations between the Israelis and the Palestinians based on all the presidency conclusions of the Euro-Mediterranean meeting of foreign ministers held on 5 and 6 November 2001 in Brussels and the principles and proposals set out in its abovementioned recommendation to the Council of 13 December 2001 and in its abovementioned resolution of 7 February 2002;

64.  Reiterates also its firm belief that Israel needs the Palestine National Authority and its President, Yasser Arafat, as partners in the negotiations to eradicate terrorism and move towards peace, and that the Barcelona Process can be a useful instrument in bringing the parties to the conflict closer together;

Some institutional proposals to reinforce the Barcelona Process

65.  Proposes an annual summit of heads of state and government of the countries participating in the Barcelona Process, as a forum for debate and political impetus at the highest level;

66.  Proposes the establishment of a Euro-Mediterranean Parliamentary Assembly, which could operate in plenary assembly and in Joint Parliamentary Committees, one of which should be given responsibility inter alia for immigration and another for democracy and human rights; believes that both the plenary and the abovementioned committees should meet at least once a year and should monitor closely the application of the association agreements;

67.  Is examining the possibility of involving representatives of the parliaments of the Balkan countries as far as possible in the parliamentary dialogue, with a view to the future enlargement of the Union and bearing in mind that this will complement the Barcelona Process;

68.  Emphasises the fundamental role which the regions ought to play, with special treatment for the islands, regions, cities and local bodies of the Mediterranean states, both in the cross-border cooperation sphere, with appropriation coordination of MEDA Interreg, and in relation to decision-taking within the Barcelona Process;

69.  Proposes that a Euro-Mediterranean regional MEDA-LOCUS programme should be launched, to encourage cooperation at all levels between administrations, local bodies and civil society in the Euro-Mediterranean area in line with the proposals put forward in the Euromed Pact signed at the meeting of the Euro-Mediterranean group on Eurocities held in Barcelona on 22 February 2002;

70.  Supports the Commission's proposal to hold meetings of political directors during the periods between ministerial conferences, so as to give consistent and ongoing impetus and follow-up to the process;

71.  Also endorses the Commission's proposal to enhance the role of the Euro-Mediterranean Committee as the standing body of the Barcelona Process, to refocus its global activities on the Euro-Mediterranean acquis and to increase the level of cooperation between its various different parts;

72.  Views the growing institutionalisation of the Barcelona Process as a positive and desirable step and hopes that the proposals to establish a Euro-Mediterranean Development Bank and a Euro-Mediterranean Foundation for the promotion of cultural dialogue will soon be put into effect;

73.  Calls again on the Council and Commission to ensure that the undoubted progress made as regards decentralisation of aid management is accompanied by a significant increase in the human resources assigned to the Euro-Mediterranean partnership within their services and to make more resolute efforts to decentralise and transfer responsibilities from the Commission to the beneficiary countries;

74.  Considers it, consequently, a matter of urgency to develop Mediterranean cooperation into an effective Mediterranean association of equal partners with a permanent organisation, in which all matters of common interest could be discussed and resolved, building on a common internal market;

o
o   o

75.  Instructs its President to forward this resolution to the Council and the Commission and to the governments and parliaments of the Member States and the Mediterranean partner states which are signatory to the Barcelona Declaration.

(1) OJ C 267, 21.9.2001, p. 60. (2) OJ C 287, 30.10.1995, p. 121. (3) OJ C 17, 22.1.1996, p. 178. (4) OJ C 115, 14.4.1997, p. 159. (5) OJ C 267, 21.9.2001, p. 68. (6) OJ C 167, 1.6.1998, p. 196. (7) OJ C 175, 21.6.1999, p. 286. (8) OJ C 378, 29.12.2000, p. 71. (9) OJ C 223, 8.8.2001, p. 147. (10) OJ C 175, 21.6.1999, p.282. (11) OJ C 304, 24.10.2000, p. 202. (12) OJ C 178, 22.6.2001, p.283. (13) OJ C 34 E, 7.2.2002, p. 356. (14) P5_TA(2002) 0054. (15) Texts Adopted, Item 7.

European Parliament resolution on the Commission communication to the Council and the European Parliament on a EU Strategy towards China: Implementation of the 1998 Communication and future steps for a more effective EU policy (COM(2001) 265 – C5&nbhy;0098/2001 – 2001/2045(COS))

P5_TA(2002)0179 A5-0076/2002

The European Parliament,

–  having regard to the Commission communication (COM(2001) 265 – C5&nbhy;0098/2001),

–  having regard to the Commission communication entitled "Europe and Asia: A Strategic Framework for Enhanced Partnerships" (COM(2001) 469),

–  having regard to the Commission report to the Council and the European Parliament on the implementation of the communication "Building a comprehensive partnership with China" (COM(2000) 552),

–  having regard to its resolution of 12 June 1997 on the Commission communication on a long-term policy for China-Europe Relations (COM(1995) 279)(1),

–  having regard to the Commission communication "Building a Comprehensive Partnership with China" (COM(1998) 181),

–  having regard to the Council conclusions of 29 June 1998 endorsing the above communication,

–  having regard to the EU-China Bilateral Agreement of 19 May 2000 paving the way for China's accession to the WTO,

–  having regard to the numerous EU-China cooperation projects, in particular, but not exclusively, in the field of human rights,

–  having regard to its resolution of 20 January 2000 on the human rights situation in China(2),

–  having regard to the tens of thousands of Chinese citizens transported each year by criminal traffickers across Asia and Eastern Europe to the European Union,

–  having regard to its earlier resolutions on China, Hong Kong, Macao, Tibet, Xinjiang and Taiwan,

–  having regard to its resolution of 15 December 1992 on the situation in Tibet(3),

–  having regard to the address to the European Parliament by His Holiness the Dalai Lama on 24 October 2001,

–  having regard to its resolution of 5 July 2001 on Beijing's bid to host the 2008 Olympic Games(4),

–  having regard to the Fourth EU-China summit held in Brussels on 5 September 2001,

–  having regard to the exchange of views on EU-China relations held in the European Parliament on 12 September 2001,

–  having regard to the discussions held during the visits of the EP's Delegation for Relations with the People's Republic of China to that country in November 2000 and of the Chinese Delegation to the European Parliament in September 2001,

–  having regard to the decision taken by the 4th WTO Ministerial Conference meeting at Doha, Qatar on 9-14 November 2001 on the admittance of China and Chinese Taipei to the WTO,

–  having regard to the 7 January 2002 meeting of the Shanghai Cooperation Organisation (SCO) on an anti-terrorism strategy,

–  having regard to Rule 47(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5&nbhy;0076/2002),

A.  whereas there is a need for continuing, enhanced cooperation between the EU and China, based on an intense dialogue, taking account of their vast mutual interests,

B.  whereas policy towards China must necessarily take the following three key factors into account: economic considerations, China's role in world politics and regional order and security issues, together with the development of human rights and of the rule of law,

C.  whereas the Commission has been examining ways of furthering the EU-China partnership, and whereas the European Parliament fully supports the EU's position, in particular as expressed in the EU-China summits, held annually since 1998, which have provided a platform to give added momentum to the EU-China relationship; and whereas separate dialogues and meetings between the relevant officials on both sides on numerous issues of mutual concern take place,

D.  whereas an overall framework for political dialogue between the EU and China was first formalised in 1994 through an exchange of letters,

E.  whereas the thus far successful political, social, economic and cultural experiences of Hong Kong and Macao represent a significant and concrete start to such dialogue and cooperation,

F.  concerned nevertheless about the fact that the Chinese government appears intent on forcibly separating 11,000 mainland-born children of Hong Kong permanent residents from their parents by removing them to the mainland,

G.  whereas the Olympic Games to be held in China in 2008 could prove a major opportunity for the deepening of cooperation in all fields if China puts an end to human rights violations and makes substantial progress in the democratisation of its political system,

H.  whereas the human rights situation in China still causes serious concern, as the crackdown on fundamental freedoms continues and torture, ill-treatment, arbitrary detention and executions are still used to punish peaceful dissent and against religious communities,

Introduction

1.  Welcomes the Commission communication;

2.  Welcomes the new progress made in developing EU-China relations over the last three years;

3.  Takes note of China's positive response to the communication and urges China to take the necessary concrete steps to demonstrate its willingness to tackle a broad swathe of issues which are of major concern to the EU;

4.  Welcomes China's support in the international fight against terrorism and, in particular, its recent rapprochement with India over mutual security issues, in spite of long-standing territorial disputes and notwithstanding its long-term friendship with Pakistan; stresses, however, that anti-terrorist measures can never excuse human rights abuses, such as repression of ethnic groups and religious communities;

5.  Welcomes China's undertaking to assist in the reconstruction of Afghanistan; believes that this project could serve as a specific benchmark for cooperation between China and the EU;

6.  Recalls its resolution of 13 June 2001 on the Commission working document: Perspectives and Priorities for the ASEM Process (Asia Europe Meeting) into the new decade (COM(2000) 24l - C5-0505/2000 - 2000/2243(COS))(5); urges the Chinese Government to take a more favourable attitude to the early enlargement of ASEM, in particular as regards India and other countries;

7.  Recognises that the partnership between the EU and China on the basis of equal status and mutual advantage has expanded considerably in recent years; notes that it is necessary, however, in order to consolidate these relations on the basis of partnership, to strengthen and further develop dialogue in the political, economic, scientific and cultural fields;

8.  Notes the need for an intense cultural dialogue between Europe and China; proposes in this context that Member State universities create/expand their departments of Chinese studies and invites the Commission to study the possibility of enlarging the existing programmes, e.g. Tempus, in order to promote projects for reciprocal university exchanges;

9.  Acknowledges that the beginnings of democratic representation at municipal level constitute a step in the right direction towards participative democracy at both regional and national level;

10.  Cannot over-stress the fact that the EU has a profound interest in a stable, prosperous, open China which embraces democracy, free market principles, human rights and the rule of law, and that it must pursue policies which help China further endeavours in this direction;

11.  Notes that the dialogue between the EU and China on the rule of law, civil society and democracy is becoming increasingly intense; this dialogue should be accompanied by public and/or private initiatives and measures such as exchanges of schoolchildren and students, the setting up of contact groups of Members of Parliament and stronger cultural links;

12.  Stresses the importance of the successful experiences of the Hong Kong and Macao regional and special autonomies in widening and deepening cooperation between the EU and China in the political, cultural, economic and social fields;

13.  Calls on the Chinese government to facilitate the family reunion of children born on the mainland with their Hong Kong permanent resident parents, in accordance with the findings of the United Nations Committee on the Rights of the Child and the United Nations Committee on Economic, Social and Cultural Rights;

Trade

14.  Congratulates China on its recent accession to the WTO, and expresses its support for the progress made so far in its economic and social reforms, but stresses that much greater progress on the application of the rule of law in China is essential to the full integration of China into the global market place;

15.  Is fully conscious that WTO accession marks a major development in China's relations with the rest of the world and that it will change both China's existing trading system and China itself; notes that the next few years will test the regime's capacity to adapt to a changing world on its own doorstep, but takes the view that economic progress can only succeed in tandem with political and social progress; expects China to give evidence that it is able to deal satisfactorily with the social and labour problems which will arise as a result of WTO accession; is convinced that in the longer term the EU, the US, Japan and other industrialised countries, working together with China, will have to develop and implement programmes in the rural and disadvantaged areas, outside the booming cities, to combat increasing inequalities and create educational opportunities for the majority of the Chinese population who live there;

16.  Recognises nonetheless that, despite improved economic prospects for many Chinese, this has not alleviated the need for more economic restructuring and a more even geographical spread of economic development to reduce the threat of even higher unemployment and social displacement in the future;

17.  Expresses its concern at the steady rise in the number of industrial disputes since 1998; urges the PRC to authorise the establishment of independent trade unions and to institute at the earliest opportunity a social protection system geared primarily towards the unemployed, whose numbers are set to swell as a result of China's accession to the WTO;

18.  Notes the claim sometimes made by Community documents and officials that China's accession to the WTO is creating a dynamic economic environment in China and transforming its economy into an export&nbhy;driven economy, but also realises that China's potential rests with a vast territory and a population where only the inhabitants of the richest areas located along the coast form a market, both characteristics of a 'continental economy' driven by internal demand, meaning that there is a need for the Chinese authorities to build up efficient internal cohesion policies;

19.  Is aware of the fact that with China's entry to the WTO, WTO rules and procedures will define a new context of economic and political relations of China with the US and EU (and Hong Kong, Macao and Taiwan as well), and China will have to separate business from government, which will imply a serious change in the framing of economic development of China;

20.  Welcomes in this regard the cooperation agreements that the EU has with China in the field of social security, given the high level of unemployment already existing in China, which is likely to grow;

21.  Notes that China and the EU are already major trading partners and welcomes the continued growth in EU-China trade and the rising levels of EU direct investment in China; expects that the implementation by China of its terms of accession will contribute in a major way to reducing barriers to trade and investment, and entail a more balanced trading relationship;

22.  Notes that, while existing programmes such as the EU-China Scholarship 2000 Project Programme and the Junior Managers Project Programme between the EU and China to promote reciprocal exchanges in the field of technology and know-how have achieved some success, they must be stepped up;

23.  Notes that the strengthening of EU-China relations and the expansion of EU-China dialogue across the board render the existing EU-China trade and cooperation agreement largely obsolete, and calls on the Commission to bring forward proposals for an updated partnership agreement, in line with the development of a consistent and comprehensive EU common strategy towards China;

24.  Recognises China's leading role with the G77 countries and calls on the Chinese Government to fulfil this role within the WTO whilst respecting the legitimate economic concerns of neighbouring countries;

25.  Is seriously concerned about the high levels of pollution caused by China's industries and expects China to take serious measures to protect the environment; emphasises that Trade and the Environment is an essential component of the WTO agreement and urges the Chinese Government to play a full and positive role in promoting sustainable development, as required by the WTO agreement, both within China itself and globally; welcomes the general willingness of the Chinese Government to cooperate on environmental protection, and also the wide range of activities by the existing NGO community in this area; therefore calls on the Commission to ensure that sufficient support and know-how relating to environmental protection are channelled in China's direction; calls on the Chinese Government to continue and reinforce its dialogue and cooperation with the EU on global environmental issues, e.g. climate change;

Taiwan

26.  Is convinced that the EU's adherence to the one-China policy is directly linked to its commitment to a peaceful resolution of the dispute through negotiation, dialogue and confidence-building measures without any threat of force, and therefore cannot accept that China reserves the right to use military force in its disputes with Taiwan;

27.  Draws to the attention of both parties the indisputable fact that a peaceful resolution to the Taiwan question is crucial if political and economic stability in the region is to be reinforced and maintained in the medium- to long-term;

28.  Believes, in this regard, that the participation of Taiwan in ASEM could be a step forward as to the resumption of a genuine dialogue between Beijing and Taipei with a view to developing cross-Straits relations;

29.  Recognises the importance of the democratic process in Taiwan and takes note of the results of the December 2001 parliamentary elections; urges the two parties to engage in talks as soon as possible;

30.  Emphasises that any arrangement between China and Taiwan can only be achieved on a mutually acceptable basis; expresses the view that the future of cross-Straits relations will depend on both sides' willingness to demonstrate flexibility, and on their capacity to be imaginative in proposing steps to resume dialogue; takes the view that, given Taiwan's achievements as regards the establishment of a fully-fledged democratic system, social pluralism and the rule of law, the will and approval of the 23 million people in Taiwan must be respected and accounted for in the light of a hopefully peaceful solution between the parties;

31.  Deplores the fact that, in November 2001, the Member States did not grant visas for President Chen Shui-Bian to visit Europe; urges the Council and the Member States to honour their commitment to the fundamental rights of freedom to travel and issue visas to the President and all high-ranking officials of Taiwan for private visits to the European Union;

32.  Welcomes recent moves by the PRC towards cross-Straits ties and the wish expressed that direct mail services, trade, air and shipping links across the Straits be activated as soon as possible in order to promote all types of exchanges and other confidence-building measures;

33.  Notes that Taiwan eased restrictions on direct investment in the PRC in November 2001 and plans to take further liberalisation steps from early 2002, including the introduction of direct trading links; notes, however, that Beijing has yet to respond to the move; urges the PRC to respond favourably, particularly in view of the implementation of China's and Chinese Taipei's commitments following their accession to the WTO and in the interests of improving cross-Straits relations;

34.  Urges the Commission to fulfil without delay its commitment to open an EU information office in Taipei;

Human rights

35.  Notes that China has signed and ratified the UN Covenants on Economic, Social and Cultural Rights and urges China to ratify as well the UN Covenant on Civil and Political Rights without delay;

36.  Endorses the human rights dialogue between the EU and China as a useful tool to engage China on this issue, but regrets that it has yet to lead to many tangible results and remains extremely concerned with the overall situation of human rights in China; consequently instructs its Human Rights Division to draw up an annual report on the development of human rights in China to be discussed by its competent committee, and instructs its competent committee to ensure that the Commission and the Council are properly represented and participate fully in the discussions on these reports;

37.  Urges the Commission and the Member States to exert a more effective control on products coming from China, making clear to the Chinese authorities that the EU can in no way accept products coming from forced labour camps; calls on China to put an end to this practice;

38.  Urges the Commission to propose at the next EU-China summit an increase in the number of joint ad hoc programmes aiming at fostering democracy and civil society, developing the rule of law and respect for human rights and supporting independent media;

39.  Expresses its indignation at the increasingly high number of executions in China, and at the links to the supply of body parts for human transplantation, and demands that the Chinese Government abolish the death penalty, declare a moratorium on the execution of persons already sentenced to death, and accelerate judicial reforms in order to eliminate the use of torture and the violation of human rights in the country; furthermore condemns the 'widespread and systemic use of torture against political dissidents, Tibetan activists, migrant workers, people accused of violating the one-child-per-family policy', and religious, social and ethnic minorities, as documented in a February 2001 report from Amnesty International;

40.  Notes with concern the strict rules imposed by the Chinese authorities on media and electronic communication; calls on the Chinese Government to lift the restrictions that limit citizens' access to the Internet;

41.  Calls on the Commission and the Council to ensure that, in all their dealings with the Chinese Government, it cooperates fully with the competent authorities within the EU and also within those countries, notably of the former Soviet Union, which serve as transit routes, in order to eliminate illegal migration of Chinese nationals towards the EU, not only to prevent all forms of human trafficking, exploitation and suffering, but also to eradicate criminal activity;

42.  Calls upon China to seize the opportunity of the Olympic Games of 2008 to abide by international human rights standards and to intensify general cooperation; calls for a monitoring procedure to be put in place to ensure that China honours its international obligations in the field of human rights in the run-up to this event; draws attention to the importance of preserving Beijing's architectural heritage while large-scale infrastructure projects are carried out ahead of the Olympic Games;

43.  Calls on the Chinese Government fully to recognise and respect fundamental social, cultural and political rights of religious, ethnic and other minorities as well as their cultural specificities, including the freedom of religious practice;

44.  Reiterates its view that greater economic freedom cannot yield lasting benefits without the concomitant fundamental human liberties and rights as laid down in the various UN covenants and other relevant international agreements and conventions, including those covering the protection of the global environment, which China has now signed;

45.  Urges China to respect its obligations as a signatory to the CITES convention and to pay more attention to cruel and inhumane treatment of animals;

Tibet

46.  Underlines the demand made in its abovementioned resolution of 15 December 1992 concerning the autonomy of Tibet and invites the Chinese Government to accept the five-point plan of the Dalai Lama as a basis for negotiations on Tibet;

47.  As regards Tibet, is aware of a slight relaxation recently of religious restrictions on lower-level government employees, students and State company workers; however, notes that in both the regions of Xinjiang and Tibet, religious freedom continues to be severely restricted and people suspected of nationalist activities or sympathies are still subject to particularly harsh restrictions; is furthermore extremely preoccupied at the large number of nuns and monks who remain imprisoned and by the ongoing question of religious, political and cultural freedom; draws the attention of the Chinese Government to the importance of protecting the natural environment and the religious and cultural heritage of Tibet; appeals to the Chinese Government to respect and protect the religious and cultural identity of the people of Tibet;

48.  Welcomes, in this regard, the consistent stand of His Holiness the Dalai Lama as regards realising genuine self-government for Tibet within the People's Republic of China through peaceful negotiations, shares his grave concern at the systematic destruction of the Tibetan environment, traditions, culture and religion, at the ever-worsening political situation of the Tibetan people and at the deteriorating human rights situation in Tibet, and endorses his appeal for urgent international pressure on Beijing, as expressed in his address to the plenary session of the European Parliament of 24 October 2001; urges China, in this connection, to halt immediately the controversial plan of large-scale immigration to Tibet with regard, in particular, to the 20 000 people who are due to move into the Dulan region of Qinghai Province; calls on the Chinese Government to resume direct negotiations with His Holiness the Dalai Lama or his representatives without preconditions, with a view to defining a new, real statute of full autonomy for Tibet, with the only exceptions being foreign and defence policy;

49.  Reiterates its call to the Council to appoint an EU Special Representative for Tibetan Affairs so as to contribute effectively to the peaceful resolution of this issue, facilitating the resumption of negotiations and cooperating with the Tibetan Government in exile;

50.  Reiterates its call to the Commission, the Council, the Member States and the international community in general to give serious consideration to the possibility of recognising the Tibetan Government in exile as the legitimate representative of the Tibetan people if the Beijing authorities and the Tibetan Government in exile do not, through negotiations organised under the aegis of the Secretary-General of the United Nations, sign an agreement on a new statute for Tibet;

o
o   o

51.  Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Government of the People's Republic of China and the Chinese National People's Congress.

(1) OJ C 200, 30.6.1997, p. 158. (2) OJ C 304, 24.10.2000, p. 209. (3) OJ C 21, 25.1.1993, p. 78. (4) OJ C 65E, 14.3.2002, p. 365. (5) OJ C 53 E, 28.2.2002, p.227.

European Parliament resolution on the Commission communication 'Supporting national strategies for safe and sustainable pensions through an integrated approach' (COM(2001) 362 – C5&nbhy;0012/2002 – 2002/2017(COS))

P5_TA(2002)0180 A5-0071/2002

The European Parliament,

–  having regard to the Commission communication (COM(2001) 362 – C5&nbhy;0012/2002),

–  having regard to the Economic Policy Committee report on the impact of ageing populations on public pension systems (12791/00), which the Ecofin Council meeting of 7 November 2000 noted,

–  having regard to the Commission communication 'The contribution of public finances to growth and employment: quality and sustainability' (COM(2000) 846),

–  having regard to the Commission communication "Towards a Europe for all ages – promoting prosperity and solidarity between generations' (COM(1999) 221),

–  having regard to the conclusions of the Stockholm European Council of 23-24 March 2001, in particular its conclusions 7 and 32,

–  having regard to its resolution of 17 May 2001(1) on the Commission communication 'The future evolution of social protection from a long-term point of view: safe and sustainable pensions' (COM(2000) 622 - C5-0011/2001 - 2001/2003(COS)),

–  having regard to the Göteborg European Council of 15-16 June 2001 which stressed that 'A comprehensive approach is needed to meet the challenges of an ageing society and endorsed the following three broad principles for securing the long-term sustainability of pension systems as identified by the Council: safeguarding the capacity of systems to meet their social objectives, maintaining their financial sustainability and meeting changing societal needs',

–  having regard to the conclusions of the Council of employment and social affairs ministers of 3 December 2001 and the Ecofin Council of 4 December 2001;

–  having regard to the conclusions of the Laeken European Council of 14 December 2001, in particular its conclusion 30,

–  having regard to the joint report of the Economic Policy Committee and the Committee on Social Protection to the Council, on objectives and working methods in the pensions field: the application of the open coordination process,

–  having regard to the Presidency Conclusions on the Barcelona European Council of 15 and 16 March 2002,

–  having regard to Rule 47(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Economic and Monetary Affairs and the Committee on Women's Rights and Equal Opportunities (A5-0071/2002),

A.  whereas the Charter of Fundamental Rights of the European Union "recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life',

B.  whereas the growth in the number of pensioners, due to the rise in survival rates, may increase in the future pressure on the financing systems, unless effective policies are put in place to reverse the tendency of an increasing old-age dependency ratio; whereas such policies include measures to increase labour market participation, and policies to support an increase in the birth-rate as well as immigration,

C.  whereas forecasts for social development over a period of fifty years should be treated with caution and must under no circumstances be considered as "established findings',

D.  whereas demographic challenges throughout the EU call for renewed solidarity between the generations and an integrated approach to economic, social and employment policy,

E.  whereas one of the solutions to the pension funding problem in Europe is to implement innovative and generous family policies, such as those described in its resolution of 28 January 1999 on protection of the family and children(2),

F.  whereas the Lisbon strategy proposes tackling the demographic challenge by increasing the level of employment, particularly that of women and older workers,

G.  whereas solidarity between and within generations demands that account is taken of the contributions to society made by men and women of every generation by means of paid and unpaid work; whereas women are especially disadvantaged by the present pension systems and there is a need to attain gender equality in pension systems; whereas an integrated approach to the issues of ageing requires action to increase the employment of women and older workers, particularly through measures to encourage gradual retirement and oppose gender- or age-based discrimination at work,

H.  whereas the different levels of contributions, which are added to the cost of labour, must not distort competition in favour of socially less advanced economies,

I.  whereas it is important to make national budgets more transparent with regard to pension expenditure,

J.  whereas the payment of pensions should help to eliminate poverty and maintain standards of living in old age, and must enable the elderly to share the benefits of economic prosperity; whereas many of the elderly in the Member States and applicant countries suffer from poverty and social exclusion,

K.  whereas the reliable and timely payment of pensions should help maintain suitable and fair standards of living in old age, prevent situations of poverty and improve the standards of living of the most disadvantaged elderly people,

L.  whereas there are considerable differences between pension systems in the various Member States, so the responsibility for regulating the organising and funding of pension systems remains exclusively a matter for the Member States, but whereas the scale of the problem will affect the European Union's social, economic and monetary stability and its social system, and the European Union could help to promote safe and financially sustainable pensions via the open coordination process,

M.  whereas the Stockholm European Council noted that 'The coming decade offers an opportunity to address the demographic challenge by raising employment rates, reducing public debt and adapting social protection systems, including pension systems'; whereas it also stated that: 'where appropriate, the potential of the open method of coordination should be used to the full, particularly in the field of pensions',

N.  whereas the Göteborg European Council of June 2001 decided to address the common problem of maintaining safe pensions using the open method of coordination, and adopted three broad principles for securing the long-term viability of pension systems: safeguarding the capacity of systems to meet their social objectives, maintaining their financial sustainability and meeting society's changing needs,

O.  whereas the European Councils of Stockholm, Göteborg and Laeken made progress in applying a specific open coordination process, drew attention to a working method (one which does not involve Parliament), the agenda and the commitments, and adopted the joint report of the Social Protection Committee and the Economic Policy Committee,

P.  whereas it is vital to reach agreement on a definition of "indicators' of the levels reached in satisfying citizens' pension expectations, and such indicators cannot be confined to defining a given standard of living in quantitative terms, but must also take account of the quality of living proposed for retired people, such as combating loneliness, illiteracy and other forms of social exclusion,

Q.  whereas Parliament should be consulted on this matter and must be entitled to participate in the open coordination process in an appropriate way,

R.  whereas the candidate countries cannot be excluded from this initiative, which concerns the workers and pensioners of all the current Member States and candidate countries of the Union,

S.  whereas it is all-important to ensure that the social partners are also actively included in this process and that social forces, associations and NGOs representing workers and pensioners are consulted,

T.  whereas the lack of coordination between pension systems, as well as the tax treatment of contributions, fund revenues and pension benefits, in different Member States of the EU are major barriers to greater labour mobility within the EU,

U.  whereas the mobility and prudential safeguarding rules for pension fund capital in the financial markets, under discussion in relation to a draft directive on the activities and prudential supervision of institutions for occupational retirement provision, is a complementary subject closely linked to the quality and sustainability of pensions,

1.  Considers that the Member States must, with the support of the European Union and with due regard for subsidiarity, shoulder their responsibility to guarantee pensions which will enable every pensioner to lead a dignified and independent life and to participate in social and cultural activities; considers that the debate on pensions is essentially a social challenge with financial aspects, and that this debate therefore needs to be conducted with a view to protecting these rights and must not be restricted to the problem of funding; applauds the Commission's initiative on guaranteeing safe and sustainable pensions;

2.  Endorses the 10 objectives in the Joint Report in principle and the three guiding principles of adequacy of pensions, the financial viability of systems and the modernisation of pension systems to respond to change and the needs of the economy, society and individuals; asks that these principles are examined also in the framework of the employment guidelines and the national action plans on social inclusion; calls in particular on the Member States to maintain a well-functioning compulsory pensions system;

3.  Welcomes the launching of the open coordination method on pensions on the basis of Community objectives and working methods; calls for this method to be extended and deepened by establishing a Community list of indicators, drawing up national strategic reports and the identifying of best practice; calls on the next European Council to confirm these objectives and working methods and to take concrete decisions on the substance of and timetable for the open coordination method;

4.  Notes that the Barcelona European Council, in Point 32 of the Presidency conclusions, states that 'a progressive increase of about 5 years in the effective average age at which people stop working in the European Union should be sought by 2010'; considers it essential that this and other substantive changes to the strategies for securing safe pensions should be agreed with Parliament;

5.  Calls on the Member States to submit by September 2002 their national strategies for tackling the overall aims of European strategy, through a process in which they consult all those involved and on the basis of an accurate assessment of the economic and social challenges they will have to face; also to devise effective indicators and follow-up mechanisms to evaluate the reforms and modernisation of all aspects of their pension systems; calls for the candidate countries to be involved in the process of coordination and comparison aimed at guaranteeing safe pensions;

6.  Calls on the Commission and Council to treat the three fundamental objectives of pension policy coordination as three objectives of equal value which are closely interlinked and interdependent; calls on the Commission to take account of this in drawing up the relevant reports, particularly the Economic Guidelines and the Employment Guidelines, the recommendations on this topic to the Member States, and the annual summary report for the European Spring Summit to ensure that all the processes are consistent with and complementary to the sustainability and modernisation of the European social model;

7.  Looks, therefore, to the Employment and Social Affairs Council and the Committee on Social Protection to be fully involved in the drafting of the Economic Guidelines;

8.  Calls on the Commission and Council to ensure that the open coordination process incorporates democratic elements, so that the assessment and solutions are not confined to the thinking of technical experts working behind closed doors; points out that to solve these problems and respect European integration will mean involving Parliament and public opinion in such processes;

9.  Considers it essential for Parliament to be fully involved in the procedures for achieving an integrated approach to promoting safe and sustainable pensions; calls, therefore, to be consulted on the national strategic reports, the Joint report as well as on the choice of indicators defined by common accord of the Member states;

10.  Notes that the joint report by the Social Protection Committee and the Economic Policy Committee of 25 October 2001 on 'objectives and working methods in the area of pensions: applying the open method of coordination' actually represents a step backwards in relation to the Commission communication as regards Parliament's involvement in the process, in so far as it simply states that Parliament should be kept 'informed'; regards this as unacceptable;

11.  Notes that the exchange of views between Parliament and the policy committees supposedly being conducted by Parliament - according to the communication - has not to date taken place; stresses, however, that it would welcome such an exchange of views;

12.  Calls for an interinstitutional agreement to be concluded without delay laying down rules governing the participation of Community institutions in all stages of the open method of coordination (setting of objectives, establishment of indicators, discussion of joint report, etc), including rules on access to documents, participation in meetings and the procedure for moving from the open method of coordination to the Community approach;

13.  Hopes that the European social partners will be fully involved in all the stages, at national and European level, of the open coordination process relating to safe and sustainable pensions; calls also for the involvement of representatives of pensioners, social NGOs and women's organisations;

14.  Stresses that in order to secure pensions in the long term, it is essential that comprehensive reform strategies are drawn up before acute financing problems arise. The aim of this reform process should also be to expand the basis of contributors and to explore alternative forms of financing statutory pension systems;

15.  Hopes that the current level of European pension provision will be maintained, reformed and increased;

16.  Points out that the maintenance of pensions in keeping with the standard of living can also be seen as a problem of distribution: the key question is whether the macroeconomic increases in productivity will be high enough in the decades ahead to secure rising added value even against a backcloth of falling employment figures, so as to finance a higher proportion of "collective consumption' for pensioners, and whether the political will exists to redistribute wealth in order to secure pensions in the long term;

17.  Calls on the Commission to clearly distinguish solidarity-based collective systems of funded pensions from purely individual financial pension or savings arrangements, and to strongly promote the former in the different fields of EU policy;

18.  Calls on the Commission to carry out a comparison between the current pension systems in the European Union and to provide for studies on the operation and impact, in terms of sustainability and security, of funded pension systems, pay-as-you-go pension systems and combined systems; recalls in this respect the recommendation of the high-level group on social protection to examine occupational and fully funded pension schemes in the light of the criteria of a fair balance of risk, equality for women, solidarity and equal distribution of incomes, and in addition analyse the effects of the volatility of financial markets on these systems;

19.  Draws attention to the need to avoid the risk of making workers and pensioners responsible for any imbalances in pension systems, as they contribute to financing a significant proportion of pension schemes and therefore have a right to a proper pension with welfare guarantees;

20.  Calls on the Commission to propose that the Member States make their budgets more transparent with regard to pensions-related items;

21.  Asks the Commission also to give preference, during the open coordination process, to research into, and good management practices for, reducing waste, inefficiency, social injustice and unjustified unequal treatment with regard to pensions, and into effecting the prompt payment of pensions;

22.  Favours the creation and expansion of suitable reserve pension funds, modelled on the laudable action already taken by some Member States;

23.  Calls on the Commission to organise and support, in collaboration with the Member States, information and educational campaigns with the participation of civil society and the social partners concerning the progress of the reform of pension schemes;

24.  Calls on the Commission to promote research on poverty and social exclusion, as being topics which directly concern elderly people, and on the many links between gender and demographic ageing, so that the indicators can be developed for adequate pension benefits and gender equality in pension systems;

25.  Considers, in the context of achieving Europe-wide coordination of pensions policy, that studies should be carried out on the initiatives which might be taken to apply the 1992 recommendation on the minimum income to be guaranteed by social protection systems;

26.  Welcomes the Laeken European Council's decision to invite the Council to take an approach for health care and care of the elderly similar to the approach on pensions; calls for reforms to strengthen the preventive approach in health care and reinforce solidaristic and redistributive mechanisms in statutory health insurance to provide high-quality health care for all;

27.  Considers the issue of the tax treatment of pensions, which was the subject of a Commission Communication issued in April 2001, to be closely linked to the subject of coordination on the sustainability, social quality and modernisation of pensions in Europe, agreed at Laeken;

28.  Stresses the need for Member States to come to an agreement on a uniform fiscal treatment of both the mobile pensioner and the mobile worker as part of the national strategies for safe and sustainable pensions through an integrated approach;

29.  Strongly regrets the completely inadequate progress made in connection with legislative and other initiatives at European level, and in particular the directive on the activities and prudential supervision of institutions for occupational retirement provision, which represent concrete steps towards safeguarding the future of pension systems; has the impression that Member States are becoming more reluctant to take decisions;

30.  Calls on the Member States to actively implement the Lisbon strategy, in particular by means of:

31.  Calls on the Commission to ensure that each of the Member States gives details of the commitment to achieve full employment by 2010 and of the general employment objectives for that date, as also for the categories of women and adult workers, with a specific timeframe consistent with the common objectives and working method for the reform and modernisation of pensions;

32.  Calls on the Commission to include, in its objective to increase the employment rate of older workers, a recommendation to adapt health and safety requirements and the whole working environment to the special needs of older workers;

33.  Calls on the Member States to give priority to gender equality in their pension systems. Measures seeking to guarantee gender equality should include:

34.  Calls on the Commission to reformulate the third of its proposed broad principles: "to enhance the ability of pension systems to respond to the changing needs of society and individuals, thereby contributing to full employment and social cohesion, equal opportunities for men and women with regard to employment and social protection and a better adaptation of pension systems to individual needs';

35.  Calls on the Commission to take appropriate initiatives to make progress with European legislation that effectively safeguards in pension systems the principle of no direct or indirect discrimination between men and women, and the social rights of workers in the cases of atypical work and business crises;

36.  Considers that pension cover must be given as a matter of urgency to women who work part-time or who have no income from employment and are not entitled – or are only partly entitled - under existing pension schemes to a supplementary pension;

37.  Takes the view that the rules governing the right to parental leave for male and female workers and leave to take care of sick or invalid family members must give access to full pension rights;

38.  Invites the Commission and the Member States to agree on and collect gender-specific data and indicators within the open method of co-ordination in order to determine and rule out gender-based discrimination in pension systems;

39.  Calls on the Commission to take initiatives to ensure that European public opinion is aware of the future challenges facing the European social model and the importance of responsible attitudes based on solidarity to promote the solutions required;

40.  Supports the Commission's expressed intention of providing citizens with reliable and easily understandable information on the long-term prospects of pension systems and encouraging the funding of plans to fulfil this objective;

41.  Calls for the next European Council to consider the proposals in this report and give further impetus to the national strategies for safe and sustainable pensions that are sufficient to ensure that workers' standards of living are maintained after retirement;

42.  Regrets, however, that it was not given the opportunity to express its own opinion on this Commission communication in time for it to be considered at the Barcelona Council;

43.  Calls on the Convention for the European Constitution referred to in Item 3 of the Laeken Declaration to take account in its deliberations of the rights of elderly citizens to a safe and sustainable pension;

44.  Instructs its President to forward this resolution to the Council, the Commission, the Economic and Social Committee, the Committee of the Regions and the parliaments of the Member States and the candidate countries.

(1) OJ C 34 E, 7.2.2002, p. 362. (2) OJ C 128, 7.5.1999, p. 79.

European Parliament resolution on the Commission communication to the Council and the European Parliament on implementation of the risk capital action plan (RCAP) (COM(2001) 605 – C5&nbhy;0015/2002 – 2001/2213(COS))

P5_TA(2002)0181 A5-0020/2002

The European Parliament,

–  having regard to the Commission communication (COM(2001) 605 – C5&nbhy;0015/2002),

–  having regard to the Commission communication on state aid and risk capital(1),

–  having regard to the European Council's European Charter for Small Enterprises of June 2000, and in particular to its line of Action 7 on risk capital,

–  having regard to the conclusions of the European Councils of Lisbon and Stockholm(2),

–  having regard to its resolution of 3 October 2000 on the Commission Communication to the Council and the European Parliament "Risk Capital: Implementation of the action plan - proposals for moving forward" (COM(1999) 493 - C5-0320/1999 - 1999/2208 (COS))(3),

–  having regard to Rule 47(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Economic and Monetary Affairs (A5&nbhy;0020/2002),

A.  whereas access to finance continues to be a problem for SMEs alongside administrative, regulatory and fiscal constraints,

B.  whereas first results of the benchmarking exercise called for by the European Parliament and the Lisbon European Council on issues such as the length of time and the costs involved in setting up a company are now available,

C.  whereas venture capital (seed, start-up and expansion) represents a viable financing option for SMEs since costs for awarding small loans are relatively high and in particular start-ups are considered a larger risk by credit institutions, which impose higher demands in terms of collateral and interest charges,

D.  whereas while there are obstacles on the supply side of risk capital, there are also major weaknesses on the demand side,

E.  whereas the European Councils in Lisbon and Stockholm endorsed the Financial Services Action Plan (FSAP), setting 2005 as the deadline for the integration of the financial markets and 2003 as target date for integration of the securities markets; whereas the deadline for the completion of the Risk Capital Action Plan (RCAP) set by the Lisbon European Council is the year 2003, demonstrating the inter-related nature of the securities and risk capital markets,

F.  whereas, although progress has been achieved, the integration of EU financial markets is still far from complete and overall progress in implementing the FSAP has been rather slow and risks falling behind schedule,

G.  whereas venture capital investment in Europe tripled between 1998 and 2000, while investment in early-stage venture capital even increased four times over; whereas nevertheless Europe's venture capital industry is still lagging far behind the US in terms of its share of the global economy and even in the most advanced EU Member States a solid venture capital market is far from being established,

H.  whereas major differences persist between the national markets (venture capital investment as percentage of GDP ranging between 0,4% in the UK and less than 0,1 % in Austria), reflecting the fragmentation of national markets; whereas although the UK represent the largest national venture capital market, even there the bulk of venture capital is non-European, originating in particular from the US (notably US pension funds),

I.  whereas the largest source for raising funds is pension funds, followed by banks and insurance companies,

J.  whereas the current global economic slowdown and stock market turbulences are also felt in the venture capital industry (according to EVCA (European Venture Capital Association) venture capital investment fell 27% by amount invested in the first six months of 2001),

K.  whereas there are still significant administrative legal and cultural barriers to be overcome and one of the most pressing is EU bankruptcy, which is still widely considered a stigma, while it should rather be seen as part of the learning process of business.

1.  Welcomes the Commission communication which reveals the significant progress achieved in the field of risk capital since the adoption of the RCAP and supports in particular its emphasis on the promotion of entrepreneurship;

2.  Points at the interconnection between the RCAP and the FSAP and calls on the Commission to ensure that cross-reference is made within the relevant directives of the FSAP to the intentions of the RCAP;

3.  Welcomes the benchmarking exercise which shows that time and costs to start up a business have been substantially reduced in many Member States 'to levels comparable to the world's best', but calls on Member States where costs are still too high and procedures take unacceptably long to make special efforts to improve the situation;

4.  Notes that the points concerning risk capital referred to in the European Charter for Small Enterprises need to be implemented;

5.  Points out that while some progress is being achieved in removing the fiscal, regulatory and administrative barriers, shortage of appropriate finance can still be a major obstacle to starting a business;

6.  Calls for greater emphasis to be placed on venture capital, private equity and entrepreneurship in secondary and tertiary education;

7.  Underlines that venture capital and buyouts need to be considered in policy making as a key mechanism for entrepreneurship and should benefit from the same tax and other incentives as for entrepreneurial investment in start up and other growth companies;

8.  Calls on Member States to consider granting favourable tax treatment in respect of capital gains on unquoted investment in growth companies as this would recognise the risks inherent in launching, joining or backing new growth businesses;

9.  Welcomes the fact that the Broad Economic Policy Guidelines 2001-2002 for the first time include recommendations on the development of the EU risk capital markets and calls on the Member States to act on these recommendations;

10.  Regrets that Member States have yet again failed to reach agreement on the Community Patent and calls for a Community patent allowing SMEs easy and cheap filing of patents;

11.  Points out that in many Member States pension funds cannot or do not invest in venture capital funds, thereby excluding a major source of funding from the market; calls for a revision of the respective regulations and national tax regimes in particular in the field of double taxation and withholding tax to facilitate and stimulate pension funds' investment in venture capital schemes;

12.  Points out that as technological development is an important growth factor, financial backing of innovative SMEs is of primary importance to close the knowledge gap between Europe and the US and achieve the EU's goal of becoming "the world's most dynamic knowledge-based economy by 2010";

13.  Welcomes the reform of the EIB group, which ensured that most Community venture capital instruments are now concentrated within the EIF, but points out that this concentration on high-technology sectors must not be at the expense of SMEs in sectors such as industry and services; the EIF, in cooperation with the relevant parties, must map out more clearly what innovative funding instruments the SMEs require;

14.  Is of the opinion that the EIF must play an even more active role today in filling the funding gap which has arisen due to the economic slowdown, the stock market turbulence and the resulting partial withdrawal of traditional sources of finance; is furthermore of the opinion that the EIB should demonstrate this by regular and specific reporting before the European Parliament's Committee on Economic and Monetary Affairs;

15.  Calls on the EIB to produce an annual quantitative and qualitative evaluation of the award of appropriations to SMEs in connection with the provision of risk capital, in order to assess the efficiency of this instrument;

16.  Welcomes the Commission's communication on state aid and risk capital, which recognises that public funding of private equity measures can be justified under certain exceptional circumstances and clarifies the Commission's approach on how these measures shall be assessed under state aid rules;

17.  Reiterates its call for an economic study on the likely employment effects of risk capital investment;

18.  Reiterates its call for a 'one-stop shop' risk capital website to provide a single access point for information about projects seeking risk capital and sources of EU and Member State funding for SMEs; considers that easy access to information on financing is a first and vital step towards obtaining access to financing;

19.  Calls on Member States to ensure that legislation does not prevent individuals who have undergone bankruptcy from playing an active role in future company formation on that ground alone;

20.  Instructs its President to forward this resolution to the Council, the Commission and the EIB.

(1) OJ C 235, 21.8.2001, p. 3. (2) Lisbon European Council: Presidency Conclusions, 24.3.2000, n° 100/1/00 (Council Bulletin EU 3-2000). Stockholm European Council: Presidency Counclusions, 24.3.2001, n° 100/1/01 (Council Bulletin EU 3-2001). (3) OJ C 178, 22.6.2001, p. 61.

European Parliament resolution on the evaluation report from the Commission to the Council and the European Parliament on the application of the Council Recommendation of 24 September 1998 concerning the protection of minors and human dignity (COM(2001) 106 – C5&nbhy;0191/2001 – 2001/2087(COS))

P5_TA(2002)0182 A5-0037/2002

The European Parliament,

–  having regard to the Commission report (COM(2001) 106 – C5-0191/2001),

–  having regard to the Treaty establishing the European Community, and in particular to Article 157 and Article 249 thereof,

–  having regard to Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities ('Television without Frontiers'), and in particular Article 22 thereof(1),

–  having regard to its resolution of 13 May 1998 on the protection of minors and human dignity in audiovisual and information services(2),

–  having regard to the Council Recommendation 98/560/EC of 24 September 1998 on the development of the competitiveness of the European audiovisual and information services industry by promoting national frameworks aimed at achieving a comparable and effective level of protection of minors and human dignity(3),

–  having regard to Decision No 276/1999/EC of the European Parliament and of the Council(4) of 25 January 1999 adopting a multiannual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks,

–  having regard to the Council Conclusions of 17 December 1999 on the protection of minors in the light of the development of digital audiovisual services(5),

–  having regard to its resolution of 5 October 2000 on parental control of television broadcasting(6),

–  having regard to the Council Conclusions of 21 June 2001 on the protection of minors and human dignity(7),

–  having regard to Rule 47(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Culture, Youth, Education, the Media and Sport and the opinions of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the Committee on Legal Affairs and the Internal Market (A5-0037/2002),

A.  whereas children's welfare is primarily the responsibility of their legal guardians, though this does not absolve the suppliers and distributors of audiovisual content, nor the drafters of legislation, from their responsibilities,

B.  whereas the Council Recommendation in question was supplemented in 1999 by a Safer Internet Action Plan which presented a coherent set of initiatives to deal with illegal content on the Internet,

C.  whereas self-regulation by the audiovisual industries has generally proved to be an effective additional, but not sufficient, means of protecting minors from harmful content, when appropriately applied,

D.  whereas the Commission Report concludes that 'after two years, the results of the application of the Recommendation are encouraging, although interested parties and in particular consumers should have been more involved in the establishment of codes of conduct',

E.  whereas not all Member States have established hotlines to handle complaints about illegal or harmful content and whereas campaigns to publicise the existence of these have been carried out in only five Member States,

F.  whereas legal provisions governing the classification of video games and/or self-regulation by the industry exist in only nine Member States despite the rapid proliferation of such products in conjunction with internet and broadcast promotion;

G.  whereas the majority of websites with illegal content originate on computers outside the EU, and whereas individual Member States, in the questionnaire on which this evaluation report is based, have expressed their regret at the lack of harmonisation between the relevant national laws with regard to cooperation,

H.  whereas in Sweden large Internet Service Providers have set up 'abuse departments' to which complaints may be made about harmful or illegal content,

I.  whereas in the remaining Member States, video games are currently labelled according to the age rating system in place in the Member State from which they are imported,

J.  whereas the Commission can promote the protection of minors from harmful content in the audiovisual media by facilitating exchanges of experience and best practice, and whereas more systematic public monitoring could be introduced in each Member State on the basis of minimum standards, drawn up by the Member States,

K.  whereas the video game industry has engaged in a pan-European project of self-regulation,

L.  whereas transparency and the possibility of public scrutiny are important means of promoting the implementation of the Recommendation,

M.  whereas, as the Commission notes, 'two years may be a relatively short period for fully applying the Recommendation',

1.  Notes the conclusions of the Commission's Evaluation Report of 27 February 2001 on the application of the Council Recommendation of 24 September 1998 concerning the protection of minors and human dignity;

2.  Welcomes the actions developed under the Safer Internet Action Plan of 25 January 1999 and calls on the Commission to continue and expand these actions after 31 December 2002;

3.  Reminds the Member States of their obligations under Articles 34, 35 and 36 of the UN Convention on the Rights of the Children of 20 November 1989 to protect children from all forms of exploitation prejudicial to the child's welfare;

4.  Calls on the Member States to continue to promote application of the Recommendation in question, and to set up hotlines for complaints about illegal or harmful content and to launch publicity campaigns to draw the attention of consumers, and in particular parents, to the risks;

5.  Reiterates its conviction that the protection of minors from exposure to content which, while it may be lawful may nevertheless be harmful to minors, is primarily the responsibility of their legal guardians and underlines the importance of campaigns to educate children and their legal guardians in the appropriate use of the audiovisual media;

6.  Recommends the Member States consult consumers' groups, voluntary associations and non-governmental organisations and involve these more closely in the implementation of the Recommendation;

7.  Welcomes the development of the Internet Content Rating Association and its development of a rating system that can reflect regional and individual values;

8.  Asks the Commission to continue to work closely with content providers and consumer organisations to monitor guidelines in particular for online services, the efficiency of codes of conduct and self-regulatory approaches so as to ensure the highest standards of protection for minors;

9.  Welcomes the emergence of service providers' self-regulation facilities in the Member States, reiterates the need for such arrangements and calls on the Commission to promote and support networking and exchange of experience between self-regulation facilities in the Member States;

10.  Notes that technical measures cannot be a substitute for the liability of service providers for the content for which they are responsible, and that consequently a legal duty for service providers to comply with certain provisions, with a view to protecting minors from harmful content, is unavoidable;

11.  Calls on Member States to continue promoting the rating of video games through self-regulatory mechanisms set up by industry as the preferred option, but otherwise by the introduction of agreed minimum standards for content and promotion, and to make users aware of this by means of wide-ranging information campaigns;

12.  Calls on the Commission to promote the creation of user-friendly content filter systems at affordable prices, so as to provide effective support for parental control both over the use of the Internet and over audiovisual media;

13.  Calls on the Member States to develop an approach which establishes common criteria for a comparable description of audiovisual content with the help of service providers, consumers, national and regional bodies responsible for youth protection, and academic circles, though the assessment of content should – not least in the light of cultural differences – remain the preserve of national or regional authorities while assessment systems for the various media should be better coordinated;

14.  Calls on the Member States to incorporate the teaching of media literacy into the educational system as a whole, starting from pre-school, in order to enable consumers to use the media in a manner geared to the values of society and to develop a sense of judgment in these matters; (media education should particularly be included in the school curriculum, so that minors can themselves learn awareness in dealing with media products);

15.  Calls on Member States to encourage Internet Service Providers operating on their territory to establish 'abuse departments' to which members of the public may complain about harmful or illegal content and to draw attention to the existence of these in the user agreements they issue;

16.  Believes that cooperation and partnership between the Internet industry, governments and national and regional authorities is the most effective way to tackle harmful and illegal content on the Internet and is concerned that recent decisions or strategies to block access to certain websites may result in the fragmentation of Internet access or the denial of access to legitimate content and therefore is not an effective European solution for combating illegal and harmful Internet content;

17.  Calls on the Commission to continue to promote application of the Recommendation by facilitating the exchange at Community level of experience of, and good practice in, the protection of minors in all audiovisual media;

18.  Welcomes the Commission's intention to support a study of rating of films distributed in cinemas, by television, by DVD or by videocassette in the EU and EEA Member States;

19.  Stresses the need for stronger European and international cooperation to combat illegal content, and calls on the Commission to that end to develop initiatives and draft proposals on how to improve cooperation in the field of justice and other cooperation between the authorities at European and international level;

20.  Calls on the Commission to draw up a further report, at an appropriate time and preferably before 31 December 2002, on the implementation of the Recommendation, calls, further, and in the interest of transparency, for any future report to provide descriptions of the implementation of the Recommendation in each Member State;

21.  Encourages the DVB consortium to work on the development of reliable filter and rating systems for digital broadcasting;

22.  Calls on Member States to monitor the rules for the installation and use of internet chat rooms where these threaten the human dignity of minors, and the means whereby these are advertised by service providers;

23.  Instructs its President to forward this resolution to the Commission, the Council and the governments of the Member States.

(1) OJ L 298, 17.10.1989, p. 23. Directive as last amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60). (2) OJ C 167, 1.6.1998, p. 128. (3) OJ L 270, 7.10.1998, p. 48. (4) OJ L 33, 6.2.1999, p. 1. (5) OJ C 8, 12.1.2000, p. 8. (6) OJ C 178, 22.6.2001, p. 186. (7) OJ C 213, 31.7.2001, p. 10.

European Parliament resolution on the Communication from the Commission to the European Parliament and the Council on strengthening cooperation with third countries in the field of higher education (COM(2001) 385 – C5-0538/2001 – 2001/2217(COS))

P5_TA(2002)0183 A5-0035/2002

The European Parliament,

–  having regard to the Commission Communication (COM(2001) 385 – C5-0538/2001),

–  having regard to Article 149 of the EC Treaty,

–  having regard to its resolution of 14 May 1997 on the Commission Green Paper "Education–Training–Research: The obstacles to transnational mobility"(1),

–  having regard to Council Recommendation 98/56/EC of 24 September 1998 on European cooperation in quality assurance in higher education(2),

–  having regard to the joint declaration of 19 June 1999 of the Ministers of Education meeting in Bologna,

–  having regard to the ALFA programme (academic training in Latin America) based on Council Regulation (EEC) No 443/92 of 25 February 1992 on financial and technical assistance to, and economic cooperation with, the developing countries in Asia and Latin America(3),

–  having regard to Council Decision 2001/196/EC of 26 February 2001 concerning the conclusion of an Agreement between the European Community and the United States of America renewing a programme of cooperation in higher education and vocational education and training(4),

–  having regard to Council Decision 2001/197/EC of 26 February 2001 concerning the conclusion of an Agreement between the European Community and the Government of Canada renewing a cooperation programme in higher education and vocational education and training(5),

–  having regard to the results of a study entitled "The globalisation of Education and Training: Recommendations for a Coherent Response of the European Union"(6),

–  having regard to the final report of 14 December 2001 by the High Level Task Force on Skills and Mobility(7),

–  having regard to the statistical data of Unesco, the OECD and Eurostat,

–  having regard to Rule 47(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Culture, Youth, Education, the Media and Sport and the opinion of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy (A5-0035/2002),

A.  whereas Article 149(1) of the EC Treaty provides that the Community shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action,

B.  whereas Article 149(3) of the EC Treaty provides that the Community and the Member States shall foster cooperation with third countries and the competent international organisations in the field of education,

C.  whereas cooperation in the field of education favours good neighbourly relations and reciprocal understanding between peoples, which is the indispensable basis for the development of any civil society in today's multi-ethnic, inter-religious world,

D.  whereas a number of Member States are now making great efforts to acquire internationally competitive systems of higher education, which should always be directed towards more extensive coordination at European level,

E.  whereas, with the declarations of Bologna (1999) and Prague (2001), the Ministers of Education of 32 European countries made progress towards the European harmonisation of higher education diplomas, but where this needs to be consolidated by national measures,

F.  whereas many Member States of the European Union have set themselves the target of increasing the number of foreign students attending their higher education establishments,

G.  whereas the European Council, at its special meeting in Tampere on 15 and 16 October 1999, affirmed that the European Union must ensure fair treatment of third country nationals who reside legally in its Member States, and that a more vigorous integration policy should aim at granting them rights and obligations comparable to those of EU citizens; whereas to this end legally-resident third country nationals who are participating in Community student exchange programmes ought to benefit from the provisions of the acquis communautaire regarding free movement and equal treatment, and whereas proposals from the Commission on this subject are therefore eagerly awaited,

H.  having regard to the absence of statistics concerning international and European mobility and the lack of harmonisation of definitions concerning students,

I.  whereas "spontaneous' mobility, i.e. that of individuals, is not enough by itself to satisfy the demand for international mobility in higher education, and mobility programmes are thus as important as ever,

J.  whereas for years the United States have been admitting more foreign students than all the Member States of the European Union,

K.  whereas three-quarters of foreign students who come to study in the European Union pursue their studies in the countries which offer the best educational and cultural opportunities in an international environment,

L.  whereas for students who are internationally mobile, a knowledge of the language of instruction of a given programme of study is a decisive factor in the choice of place of study,

M.  whereas the academic level of study programmes, the rules on the recognition in the country of origin of the results obtained and diploma awarded, the cost of both studying and accommodation, different administrative arrangements, procedures which are often lengthy, and the possibility of receiving aid for mobility and conditions governing residence are other decisive elements which influence a student's choice of place of study,

N.  whereas in order to promote international student mobility, care must be taken to improve access to and dissemination of information concerning the courses of study available in the Member States of the European Union,

O.  whereas the highest possible number of young people, whatever their origins, family backgrounds or financial resources, should be offered the chance to participate in the European Union's exchange programmes, and whereas one method for achieving this would be the provision of financial aid as part of the exchange programmes, to be payable, as far as possible, in addition to national grants,

P.  whereas e-learning could be a first step towards making mobility a reality for students and teachers from the EU and third countries,

Q.  whereas there are many EU programmes concerning cooperation with third countries in the field of higher education, and whereas these programmes cover practically all the countries and regions of the world, the funds available under this cooperation are, however, limited,

R.  whereas the cooperation programmes with the United States and Canada, like the ALFA programme relating to cooperation with Latin America, focus on multilateral and institutional cooperation and could serve as models for this type of cooperation in the future,

S.  whereas cooperation in the field of higher education could play an important part in shaping the EU strategy for development cooperation,

T.  whereas intensifying cultural cooperation programmes with third countries can, within the framework of development cooperation, contribute to achieving a very wide range of objectives, such as improving the living standards of many peoples and raising the poverty threshold,

U.  whereas as regards student mobility Member States must guarantee reliable conditions for entry and residence for study purposes; whereas such conditions must guarantee high-quality education and teaching structures which match the needs of foreign students,

General considerations

1.  Welcomes the Commission's initiative to initiate a debate on international cooperation in higher education, but considers that the communication under review does not provide an adequate analysis of the situation and that the goals set and the measures envisaged must be further specified and substantiated;

2.  Calls on the Commission and the Member States, in liaison with Eurostat and international organisations such as the OECD and Unesco, to seek to bring the basic definitions and the principal indicators in the higher education sector closer together in order to pursue their cooperation in the field of gathering and processing data concerning international mobility in that sector;

3.  Looks forward to and welcomes the imminent publication of the Commission's communication on higher education and development since it considers education to be one of most significant factors in helping to eradicate poverty in the world;

4.  Calls on the Member States to strengthen cooperation in the cultural sphere, paying particular attention to regions where conflicts or poverty have resulted in difficult living conditions;

Guaranteeing the quality of higher education

5.  Considers that the Union must provide high-quality education in order to ensure greater competitiveness in the international training market and that it must cooperate to improve quality and expand admission reception facilities in European higher education establishments;

6.  Calls on the Commission and the Member States to include e-learning in their efforts to ensure cooperation with third countries in the field of higher education;

7.  Recommends that the Commission and the Member States consider introducing a European quality label covering a whole range of transnational teaching modules;

8.  Recommends that the Commission and the Member States should monitor the increase in misleading advertising about studies and the recognition of qualifications in other countries which firms are issuing in order to make profits;

9.  Recommends that the Member States systematically establish foreign language teaching in all areas of study in higher education;

10.  Recommends that Member States systematically offer foreign students courses by which they may learn the language of the host country;

11.  Calls on the Commission to continue improving and promoting the European Credit Transfer System (ECTS);

12.  Recommends that Member States encourage universities to provide more information on the opportunities for study in third countries;

13.  Calls on the European Union to promote the establishment of joint courses of study between universities in the Member States leading, wherever possible, to the award of joint diplomas;

14.  Considers that the European Union should encourage coordination, exchanges of experience and good practice between the Member States in disseminating information on the quality of the higher education establishments in the European Union and on their courses at international level, together with student admission opportunities;

15.  Calls on the Commission and the Member States to involve developing countries in particular in closer cooperation with third countries in the field of higher education;

European Union programmes and the promotion of European higher education

16.  Calls on the Commission, after conducting a survey of existing programmes, to propose new programmes of international cooperation in the field of higher education;

17.  Considers that future guidelines should take into account the fact that student mobility is in principle only one aspect of the cooperation programmes and that exchanges of teachers, the drawing up of joint study programmes and the development of systems for the reciprocal recognition of courses of study and diplomas are also of the utmost importance;

18.  Considers that until higher education and university courses and university degrees are automatically recognised, there will be no genuine free movement for students and graduates within the European Union;

19.  Recommends that the Commission endeavour to reach a common agreement on a European university label for modules offered at higher education establishments which are recognised for the quality of their teaching and the facilities they provide for admitting students from third countries;

20.  Considers that this European university label could be awarded to modules offered by European higher education establishments which, on the basis of the principles of the Erasmus and ECTS programmes, cooperate with one or more higher education establishments from third countries;

21.  Calls on the Commission to examine, in close consultation with the European University Association, the possibility of setting up a group of independent international experts, which would have the task of awarding this European university label to modules offered by higher education establishments recognised for the quality of their teaching and of their facilities for admitting foreign students;

22.  Hopes that the Commission will look into the feasibility of enabling the establishments concerned to receive incentive funding from the European Union to back up national funding (from local authorities, companies, multilateral partner organisations);

23.  Calls on the Commission, with the participation of the Member States, to conduct an objective study on students' preferences and needs regarding countries and languages, so that its international cooperation activities in the field of higher education in the European Union may focus on real demand as demonstrated by this study, and, in this connection, to submit to the European Parliament and the Council proposals on strengthening existing programmes or launching pilot projects along the line of the above proposals; emphasises, however, the particular importance of the Mediterranean region, following the decision of the Ghent European Council;

24.  Urges the Member States not to overlook, in their cultural cooperation programmes, the importance that strengthening cooperation in the higher education sector represents for the Mediterranean area countries, for which Parliament has already drawn up a common strategy;

25.  Points out that these countries represent ancient and diverse cultures and civilisations that require well-qualified human resources for their development;

26.  Asks the Commission to include, within the scope of its pre-accession assistance and programmes, funding for developing cultural partnerships between Member States and candidate countries;

27.  Urges the Commission to provide, in its programmes for reconstruction and development assistance, and in projects intended to support the transition towards market economies and strengthen democracy, for initiatives to enable third countries and Member States jointly to develop training programmes, student exchanges and scholarships, and vocational integration grants for those who intend to return to their country of origin as a means of brain-drain prevention;

28.  In view of the events of 11 September 2001 and the need for greater dialogue between civilisations, calls on the Commission to launch a student exchange programme with third countries in different parts of the world which, by means of vocational, academic, cultural and political immersion, champions the values of tolerance and the free exchange of ideas and knowledge;

o
o   o

29.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and to the governments of the candidate countries.

(1) OJ C 167, 2.6.1997, p. 94. (2) OJ L 270, 7.10.1998, p. 56. (3) OJ L 52, 27.2.1992, p. 1. (4) OJ L 71, 13.3.2001, p. 7. (5) OJ L 71, 13.3.2001, p. 15. (6) Academic Cooperation Association (ACA) sponsored by the European Commission, September 2000. (7) European Commission, DG Employment and Social Affairs.

European Parliament resolution on the Second United Nations World Assembly on Ageing (Madrid, 8-12 April 2002)

P5_TA(2002)0184 RC-B5-0239/2002

The European Parliament,

–  having regard to United Nations Resolution 46/91 of December 1991 on Principles for Older People, which supports the rights of older people to participation, dignity, independence, personal fulfilment and care,

–  having regard to the EU Charter of Fundamental Rights, in particular Article 25 thereof, which recognises and respects the right of "the elderly to lead a life of dignity and independence and to participate in social and cultural life',

–  having regard to Article 13 of the Treaty, which outlaws discrimination on grounds of age,

–  having regard to the ILO's Older Workers Recommendation (R 162) of 1980,

–  having regard to the work of the Preparatory Committee for the Second World Assembly on Ageing,

–  having regard to its resolution of 17 May 2001 on the Commission Communication to the Council, to the European Parliament and to the Economic and Social Committee "The Future Evolution of Social Protection from a long-term point of view: safe and sustainable pensions" (COM(2000) 622 - C5-0011/2001 - 2001/2003(COS))(1),

–  having regard to the conclusions of the Stockholm, Göteborg, Laeken and Barcelona European Councils on pensions and employment,

–  having regard to the European Parliament initiative which resulted in the holding of a successful European Year for Older People and Solidarity between Generations,

A.  whereas 5.1% of the population in developing countries is aged over 65, and this is set to rise to 6.5% by the year 2015, representing an absolute increase of 52% (US Census Bureau),

B.  whereas within the EU people aged 60 or over account for 21.5 % of the population and whereas by 2020 a 30% increase is expected in this age group and a 40% increase in the group aged 80 or over (Old Age in Europe, MISSOC-Info, June 2001),

C.  whereas the United Nations Second World Assembly on Ageing will be held in April 2002, and whereas this provides an opportunity for issues associated with ageing to be recognised both in industrialised countries and in the developing world,

D.  whereas the ageing of society is too often seen in both industrialised and developing countries in negative terms, i.e. in terms of challenges to the age structure of the labour force and the sustainability of social protection and health care schemes and as a drain on family resources in developing countries, whereas in fact older people offer key community and family support,

E.  whereas this image fails to do justice to the enormous cultural and professional resource represented by older and retired people, and whereas the vast contribution they make to society, often in a voluntary capacity, is too often overlooked,

F.  whereas a change of attitude is needed if society is to become a society for all ages, bearing in mind the distinction within European societies between those belonging to the third age, who live healthy, active and independent lives and who should participate fully in the society they live in, and those belonging to the fourth age, whose independence and health is more fragile and who deserve specific attention and care in order to live dignified lives,

G.  having regard to the rights of older citizens to full participation in whatever society they live in, and recognising the barriers faced by older people throughout the world to employment, income support and community development programmes, all of which must be addressed,

H.  whereas migration from the developing world is leading to a drop in family support, so that the problem of isolation of older people is worsening; and whereas shifts in family patterns resulting from social changes is causing isolation and social exclusion in the European Union,

I.  whereas the eradication of poverty in old age throughout the word is a fundamental aim of the International Strategy for Action on Ageing, and whereas there is an essential need to incorporate the age dimension into poverty indicators and measures, in both the EU and the developing world,

J.  whereas access to healthcare for all and a good standard of physical and mental health and social well-being is a basic human right,

K.  whereas exclusion of older people from HIV/AIDS programmes in developing countries results in a lack of testing for those over 49, so that HIV in older people usually goes undetected or is misdiagnosed; having regard also to older people's critical role in the care of people living with AIDS and their orphaned grandchildren and their potential role as educators and players in HIV prevention in developing countries,

L.  whereas abuse against older people in all its forms is prevalent throughout the world, including in the EU, and whereas violence against older people must be condemned in the strongest of terms as an infringement of their most basic human rights,

M.  whereas women outlive men in all societies and, as populations age, the number of older women will increase; and whereas older women are particularly vulnerable in the developing world,

N.  whereas, in order to establish an inclusive society for all ages, the general principles to support it must be translated into specific guidelines and international and national plans of action based on a long-term strategy for ageing, including compliance with International Labour Organisation conventions, especially those relating to the development of social protection and tackling discrimination, with provision being made for regular evaluations,

O.  whereas older people cannot be thought of as a homogeneous group, and the diversity of older people must be respected and taken into consideration through specific policies as far as individual needs are concerned,

P.  whereas various estimates concerning demographic change in the Member States show divergences of up to 60%, which show that forecasts of social developments over a period of fifty years should be treated with caution and can under no circumstances be considered as "established findings',

Q.  whereas there is an essential need to incorporate the age dimension into poverty indicators and interventions,

R.  whereas ageing of populations is poised to become a major issue in developing countries, whose populations are projected to age swiftly in the first half of the twenty-first century; whereas developed countries have been able to age gradually, but developing countries face the challenge of simultaneous development and ageing of the population,

S.  whereas the aim of the International Strategy for Action on Ageing 2002 is to ensure that people everywhere are able to age with security and dignity and to continue to participate in their societies as citizens with full rights, particularly through the use of new technologies,

1.  Calls on the Commission, the Council and the Member States to actively support at the Second UN World Assembly on Ageing an international action strategy and a clear commitment towards a society for all ages (by allocating adequate political and financial means), based on solidarity between generations, a positive image of living longer, older people's contribution to the well-being of society and the active role they continue to play in the family and community; believes that the right of older people to be actively involved in public life, to democracy and to equality needs be implemented by urgent, concrete and ambitious actions at all levels;

2.  Calls on the Council and the Commission to mainstream ageing issues in all relevant policy areas and to include older people in all relevant European social, economic and development cooperation policies and programmes on the basis of the UN Principles for Older Persons;

3.  Calls on the EU institutions and the Member States to preserve and strengthen the European social model, and in particular to develop legal, cohesive social protection systems based on universality and solidarity within and between generations;

4.  Reiterates its opinion that it is necessary to step up the fight against all forms of discrimination on the labour market, in particular discrimination against older workers, and to encourage, through refresher and vocational retraining measures, including new technologies, and through changes in the organisation of work and working hours, and industrial safety and health protection in keeping with the needs of the elderly, the re-entry of persons excluded from the labour market into working life; believes that phased retirement schemes are a possible way of presenting older workers' experience and knowledge by handing it down to younger ones;

5.  Calls on the Member States to assist older persons by promoting self-employment, for example by encouraging small and micro-enterprise development and ensuring access to credit for older persons, without discrimination relating to gender;

6.  Reiterates its support for an open method of coordination in the fields of pensions, social inclusion and health care, welcomes the Commission's recent initiatives in these fields and expresses the hope that the work undertaken will be pursued in greater depth by the Council; reiterates its request to be fully involved in this process;

7.  Calls on the Commission and Member States to give priority to activities geared to the integration of older people in danger of isolation, both within the European Union and through their development cooperation policies;

8.  Calls on the Commission, the Council and the Member States to come forward with specific measures aimed at reducing inequalities and poverty among older people, and in particular at improving the situation of older women as regards inequality in pension payments, and the situation of the very old;

9.  Calls on the Commission, the Council and the Member States to take measures to ensure that the incomes and resources available to older and retired people keep pace with the standard of living of society as a whole;

10.  Draws attention to the particular problems of older migrants and refugees within the EU in terms of social integration;

11.  Calls on the European Union and the Member States to recognise that for many older people learning opportunities and access to new knowledge are a valuable aid to maintaining physical and mental health and continuing to be active by preserving the maximum level of physical, psychological and social autonomy; calls on them also to recognise that this represents a means of increasing cross-generational links and social cohesion; calls therefore for the principles of "active ageing' to be further developed in their policies;

12.  Draws the Commission's attention, in the context of its communication on "The future of health care and care for the elderly: guaranteeing, accessibility, quality and financial viability (COM(2001) 723)", to the vital supportive role of carers for elderly people and the need for a major effort to recognise the role of family carers and to give particular attention to the accessibility of health care for all and to the quality of services provided;

13.  Calls on the Commission and Member States to develop and encourage research initiatives aimed at gathering data on the situation and needs of older people in European society, making clear the difference in the situation of the third age and the fourth age; calls on all the institutions and actors involved at worldwide level to increase cooperation by developing common research, policy making and programmes, the analysis and processing of statistics, including data disaggregated by sex, age and other factors, and regular performance reviews;

14.  Calls on the Commission to present a proposal for a specific action programme on ageing, to provide for the establishment of an exchange programme for older people in Europe and to appoint a Commission official in charge of these issues within the Directorate-General for Employment and Social Affairs;

15.  Calls on the Council and Member States to recognise that the EU needs a broader legal base to enable it to promote worthwhile measures to assist older people;

16.  Calls for international assistance to developing countries and those with economies in transition to enable them to develop policies to address ageing, and for issues linked to ageing to be included in the social aspects of EU enlargement; calls on the Commission to issue a communication on the needs of older people in development cooperation; calls on the Council and Commission to fund capacity-building measures for older people's organisations in the European Union and developing countries so that they have a strong voice and are consulted on matters of concern to them;

17.  Notes that poverty in old age has a strong gender dimension, and that women are more likely than men to experience discrimination in access to education, work, income, health care and inheritance; points out that sufficient social security schemes including decent pensions are particularly important for women, whose entitlement can otherwise be very low due to low pay and/or part-time jobs, and may often be interrupted by family responsibilities and unemployment;

18.  Notes that access to healthcare for all, and a good standard of physical and mental health and social wellbeing, are basic human rights, and calls for the implementation of integrated public health care/social services systems which act as enablers for equality of access, the free supply of essential medicines worldwide, health promotion, disease prevention, action to combat infectious diseases, especially AIDS, the prevention of dependency, and wider provision of equitable and dignified home and long-term care services;

19.  Emphasises the role played by the social partners in activities, which include bargaining, leading to collective agreements on different policies for managing the human resources that are older workers in the workplace;

20.  Instructs its President to forward this resolution to the Council, the Commission and the United Nations World Assembly on Ageing.

(1) OJ C 34 E, 7.2.2002, p. 362.

European Parliament resolution on the political situation in Moldova and the disappearance of Vlad Cubreacov

P5_TA(2002)0185 RC-B5-0210/2002

The European Parliament,

–  having regard to its resolution of 14 March 2002 on the human rights situation in the Republic of Moldova(1),

–  having regard to the Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Moldova(2), signed on 28 November 1994, and which entered into force on 1 July 1998, and in particular Title I, Article 2 thereof, which concerns respect for democracy, the principles of international law and human rights, as defined in particular by the Helsinki Final Act and the Charter of Paris for a New Europe,

–  having regard to the European Convention on Human Rights,

–  having regard to the aid provided by the European Union to Moldova in the framework of TACIS,

A.   noting with the deepest concern the disappearance of Vlad Cubreacov, Member of the Moldovan Parliament and of the Moldovan delegation to the Parliamentary Assembly of the Council of Europe; expressing in particular its concern about the possible political context of his disappearance,

B.  concerned by the lack of information and explanation by the Moldovan authorities concerning the circumstances of the alarming disappearance of Mr Cubreacov,

C.  noting that Mr Cubreacov is one of the leading figures of the parliamentary opposition movement in Moldova and has contributed actively to the organisation of street protests against government policies,

D.  concerned by other alarming disappearances of opposition leaders, for instance Mr. Ivan Burgudji, head of the legal department of the People's Assembly of the autonomous region of Gagauzia, who disappeared on 7 March 2002 after being beaten and apprehended in his office by unidentified civilians carrying automatic weapons,

E.   noting with deep concern the attempts to curb the opposition by means of the decision to lift the parliamentary immunity of Iurie Rosca and Stefan Secareanu and the proposed lifting of the immunity of three other Christian Democrat Members of Parliament, Valentin Chilat, Viorel Prisacaru and Eugen Garla,

F.  noting that about 80 000 people took to the streets on 31 March 2002 to demonstrate against the government, and expressing its concern that the absence of a sincere dialogue between government and opposition will result in the further polarisation of Moldovan society,

G.  emphasising once again the great importance of maintaining stability in the region and respect for basic human rights and the rule of law, as well as the need to continue the process of economic and social reform,

1.  Expresses its great concern over the disappearance of the opposition politician Vlad Cubreacov, vice-chairman of the Christian Democratic People's Party, Member of the Moldovan Parliament and of the Parliamentary Assembly of the Council or Europe, as well as other as yet unsolved disappearances of political opposition leaders, and in particular over the fears that his disappearance may be related to political problems in the country;

2.  Calls on the Moldovan authorities to carry out a full, thorough and independent investigation into the disappearance of Mr Cubreacov and other opposition politicians and to provide information regularly and openly on the state of affairs as regards the ongoing investigations;

3.  Calls on the Council and the Commission to make every effort to find Mr Cubreacov safe and sound and to monitor closely, with the Organisation for Security and Cooperation in Europe (OSCE) and the Council of Europe, the human rights situation in Moldova;

4.  Calls once again on the government of Moldova to abide by basic democratic rules and procedures and to guarantee respect for fundamental human rights and the rule of law and calls on the governing party not to abuse its political majority in order to dissolve the democratic opposition;

5.  Urges the Moldovan Parliament to review immediately its decision to lift the parliamentary immunity of Iurie Rosca and Stefan Secareanu and not to proceed with the lifting of the immunity of three other Christian Democrat Members of Parliament, Valentin Chilat, Viorel Prisacaru and Eugen Garla,

6.  Expresses its great concern that the right of demonstration as used by a large number of Moldovan citizens to show their disagreement with the government's policies is accompanied by threats of punishment by the Prosecutor-General; points out that the right of demonstration is a basic democratic right and a legitimate instrument of protest against the policies of a government; stresses, in this context, that the approximately 80 000 people who took to the streets on 31 March 2002 demonstrated their political will in a peaceful way;

7.  Urges the Moldovan government and the opposition not to take any steps that may further endanger the social and political stability of the country and to start a dialogue on ways and means to overcome the existing conflict and to continue the process of economic and social reform as a way of demonstrating the sincerity of its international commitments and ambitions;

8.  Emphasises the great importance of maintaining stability in the region and urges the government of Moldova to make visible efforts to resolve the political crisis and to return to a course of political stability;

9.  Urges the governments of Romania and the Russian Federation not to interfere in the Republic of Moldova's delicate domestic political situation and to give their fullest support, together with the European Union and other European bodies, to the stable and peaceful development of all the countries in the region;

10.  Instructs its President to forward this resolution to the Council, the Commission the government and parliament of Moldova, the OSCE, the Council of Europe and the governments of Romania and the Russian Federation.

(1) P5_TA(2002)0132. (2) OJ L 181, 24.6.1998, p. 3.

European Parliament resolution on Burma/Myanmar

P5_TA(2002)0186 RC-B5-0209/2002

The European Parliament,

–  having regard to its previous resolutions on Burma, in particular its resolutions of 16 September 1999(1), 18 May 2000(2), 7 September 2000(3), 16 November 2000(4) and 4 October 2001(5),

–  having regard to Common Position 96/635/CFSP of 28 October 1996 defned by Council on the basis of Article J.2 of the Treaty on European Union, on Burma/Myanmar(6) and Council Common Position 2001/757/CFSP of 29 October 2001(7) extending and amending it,

–  having regard to Council Regulation (EC) No 552/97 of 24 March 1997 temporarily withdrawing access to generalised tariff preferences from the Union of Myanmar(8),

–  having regard to Council Regulation (EC) No 1081/2000 of 22 May 2000 prohibiting the sale, supply and export to Burma/Myanmar of equipment which might be used for internal repression or terrorism and freezing the funds of certain persons related to important governmental functions in that country(9),

A.  whereas 27 May 2002 marks the twelfth anniversary of the general elections in Burma which gave Aung San Suu Kyi's National League for Democracy (NLD) 82% of the parliamentary seats,

B.  whereas Aung San Suu Kyi, who entered into talks with the ruling State Peace and Development Council (SPDC) in October 2000 to resolve the country's political problems, is still under house arrest,

C.  noting that in the light of the EU Troika's visit the Burmese military government has released 25 women prisoners,

D.  whereas there are still over 1,000 political prisoners in various jails in Burma, who are subject to various forms of mistreatment and torture and who have no access to adequate food and healthcare facilities,

E.  whereas in November 2001 the UN General Assembly expressed its concern at the slow progress of the talks between the SPDC and Aung San Suu Kyi, urged the SPDC to increase confidence-building measures to ensure the irreversibility of the process towards democracy and deplored the continued human rights violations, particularly those directed against persons belonging to ethnic and religious minorities and women in Burma, and the denial of religious freedom,

F.  noting that little progress has been made with regard to political reform,

G.  whereas the ILO mission to Burma in February 2002 was denied access to Aung San Suu Kyi and reported that the ruling military regime had "effectively blocked international efforts to halt the army's use of forced labour', despite promises by the SPDC to eradicate this practice,

H.  whereas the EU Troika to Burma scheduled for December 2001 was finally able to visit in March 2002,

I.  whereas the Council is due to review its Common Position at the end of April 2002,

J.  whereas the visit to Burma by the UN Special Envoy Tan Sri Razali Ismail, also scheduled for March 2002, was postponed by the SPDC,

K.  whereas the UN Special Envoy to Burma, Razali Ismail, has also strongly criticised the slow progress of the dialogue between the junta and the democratic opposition,

L.  whereas the Burmese army is still continuing to perpetrate gross human rights abuses against the ethnic minority civilian population, such as the Arakan, Chin, Kachin, Karen, Karenni, Shan and Mon peoples, including beatings, rape, destruction of food supplies, forced relocations, forced labour, torture, extrajudicial summary executions and disappearances,

M.  whereas in December 2001 in Oslo the ethnic minority leaders offered jointly to enter into a nationwide ceasefire and negotiate a peaceful political settlement with the NLD and the SPDC through a "Tripartite Dialogue' based on the principles of the 1947 Panglong Agreement - equality, voluntary participation and democracy,

N.  whereas European investment in Burma is significant, particularly in the oil and gas industry,

O.  whereas all foreign investment in Burma takes place through military-backed companies,

P.  whereas the International Federation of Chemical, Energy, Mine and General Workers' Unions has called on oil and gas companies "to cease investment in Burma while the use of forced labour continues',

Q.  whereas the International Confederation of Free Trade Unions (ICFTU) has called for economic sanctions against Burma and has published a list of companies investing in Burma,

1.  Welcomes the continued attention of the UN and the UN Special Envoy Razali Ismail to the talks between Aung San Suu Kyi and the SPDC;

2.  Urges the SPDC to take advantage of the recent events in Burma to speed up the process of dialogue with Aung San Suu Kyi and move beyond the confidence-building stage;

3.  Urges the SPDC to demonstrate convincingly its intention to bring about national reconciliation by initiating a broader dialogue and promoting further progress towards democratisation;

4.  Urges the SPDC especially to respond to the offer to enter into a nationwide ceasefire and negotiate a political settlement by the ethnic minority leaders based on the principles of the 1947 Panglong Agreement;

5.  Urges the SPDC to release Aung San Suu Kyi immediately and unconditionally from house arrest, and to stop the restriction of movement and association of other Burman or ethnic minority political leaders;

6.  Welcomes the release by the SPDC of some political prisoners but urges the military government to release the more than 1000 remaining political prisoners without preconditions, starting immediately with those who have already completed their sentences;

7.  Urges the SPDC to improve the appalling conditions in prisons and labour camps, and to ensure that prisoners have access to adequate food and healthcare facilities;

8.  Stresses the need to implement strictly the law of October 2000 banning the use of forced labour and to ensure that this widespread practice is actually stopped, and urges the SPDC to allow the ILO to establish a permanent representation in Burma and create an ombudsman;

9.  Calls on the Commission to ensure that support for humanitarian aid to the areas most in need is delivered without political interference by the military, and that international NGOs are involved;

10.  Supports the EU's increased contribution to the UN's Joint Plan of Action Programme to combat the spread of AIDS in Burma/Myanmar;

11.  Urges the SPDC to put an immediate end to all human rights violations committed by the Burmese army, the Military Intelligence Services, the police and other security forces, including the widespread practices of torture, forced relocations, forced labour, and extrajudicial and summary executions, and to bring those responsible to justice;

12.  Wishes to facilitate and promote a conference of ethnic minorities to allow the latter to contribute to the consultations between the junta and the democratic opposition;

13.  Calls on the Council to maintain the current sanctions against Burma in its Common Position and, in the event that further progress fails to be made in the next six months in the dialogue between the military junta and the democratic opposition, to strengthen economic sanctions and consider an investment ban;

14.  Calls on the Commission to consider bringing the case of the continued widespread use of forced labour in Burma to the attention of the World Trade Organisation, which pledged in its Singapore Ministerial Declaration of December 1996 to renew its "commitment to the observance of internationally recognised core labour standards';

15.  Calls on the governments of India, China, Japan and the ASEAN countries to express themselves more explicitly in favour of promoting democratisation and reconciliation in Burma;

16.  Instructs its President to forward this resolution to the Council, the Commission, the ASEAN member states, the governments of India, China and Japan, the National League for Democracy, Aung San Suu Kyi and the UN Secretary-General.

(1) OJ C 54, 25.2.2000, p. 111. (2) OJ C 59, 23.2.2001, p. 284. (3) OJ C 135, 7.5.2001, p. 283. (4) OJ C 223, 8.8.2001, p. 335. (5) OJ C 87 E, 11.4.2002, p. 263. (6) OJ L 287, 8.11.1996, p. 1. (7) OJ L 286, 30.10.2001, p. 1. (8) OJ L 85, 27.3.1997, p. 8. (9) OJ L 122, 24.5.2000, p. 29.

European Parliament resolution on indigenous minorities in Vietnam and closure of the refugee camps in Cambodia

P5_TA(2002)0187 RC-B5-0208/2002

The European Parliament,

–  having regard to its resolutions of 19 January 1995 on the human rights situation in Vietnam(1), of 15 May 1997 on human rights in Vietnam(2), of 12 March 1998 on Cambodia(3), of 16 November 2000 on human rights in Vietnam(4) and of 5 July 2001 on religious freedom in Vietnam(5),

–  having regard to the UN Convention on the Status of Refugees of 1951 and its 1967 Protocol,

–  having regard to the UN International Covenant on Civil and Political Rights of 1966,

–  having regard to the 1995 Cooperation Agreement between the European Union and Vietnam,

–  having regard to the Tripartite Agreement signed on 21 January 2002 between Cambodia, Vietnam and the UNHCR,

A.  whereas Cambodia is a party to the 1951 Convention relating to the Status of Refugees, which prohibits forcible repatriation of asylum seekers to a country where their life or freedom may be threatened,

B.  whereas Vietnam and Cambodia as parties to the International Covenant on Civil and Political Rights are obliged to uphold the freedoms of speech, association, religious belief and worship,

C.  concerned by the continued persecution of indigenous minorities from Vietnam's Central Highlands - known as Montagnards - since the demonstrations that took place in February 2001 in protest against the confiscation of their ancestral land, the influx of lowland Vietnamese settlers taking their agricultural land, the lack of freedom of worship for the members of the unauthorised evangelical protestant churches and the denial of basic rights and freedoms, including education in their native languages,

D.  whereas the Montagnards have a specific linguistic and ethnic identity which they wish to see respected in a context of autonomy,

E.  whereas the Cambodian authorities have always been reluctant to grant them political asylum and now wish to close the refugee camps and authorise their occupants to seek asylum in third countries, particularly the United States,

F.  having regard to the demographically driven movement of Vietnam's population in the direction of Vietnam's Central Highlands and Cambodia, despite the fact that the resources available to Cambodia make it ill-equipped to deal with this influx,

G.  whereas the Tripartite Agreement between the UNHCR, Cambodia and Vietnam provided for repatriation under the auspices of the UNHCR of the approximately 1,000 Montagnards who fled to Cambodia as a consequence of violations of their human rights and are currently sheltered at the two UNHCR sites in Mondolkiri and Ratanakirimore,

H.  deeply concerned by the decision of the Cambodian and Vietnamese Governments to attempt to implement the repatriation agreement bilaterally before this year's rainy season, as well as the refusal by the Vietnamese Government to permit UNHCR monitoring teams to visit the villages of potential returnees,

I.  whereas the consequent withdrawal of UNHCR from the Tripartite Agreement and the termination of its involvement with the repatriation process leave the asylum seekers exposed to the risk of undue influence, intimidation and coercion to return to Vietnam,

J.  whereas in the past year more than 200 refugees have been forcibly returned to Vietnam by the Cambodian provincial authorities, with some of them being detained and beaten by the Vietnamese authorities on their return,

K.  whereas respect for human rights and democratic principles is an essential element in the 1995 EC-Vietnam cooperation agreement, as well as in the 1999 EC-Cambodia cooperation agreement,

1.  Calls on all parties (Cambodia, Vietnam and the UNHCR) to seek a lasting solution to the plight of the Montagnard asylum seekers;

2.  Urges the Cambodian Government to uphold its obligations as a signatory to the 1951 Refugee Convention, in particular by ensuring that any repatriation of Montagnards to Vietnam is conducted on a voluntary basis, and by guaranteeing that asylum seekers arriving in Cambodia are not denied their basic right of asylum;

3.  Calls for the suspension of the repatriation programmes until firm guarantees are given by both governments that the returns are completely voluntary and the lives of the Montagnards concerned will not be threatened once they are back in Vietnam;

4.  Calls on the Government of Vietnam to end the arbitrary detention of highlanders who have returned from Cambodia to Vietnam either voluntarily or against their will;

5.  Calls on the Commission to help the Vietnamese authorities to develop their country in such a way as to put an end to the economic exodus of its population;

6.  Calls on the Commission to assist the Government of Vietnam in its programme to reduce poverty and improve living conditions in the Central Highlands region;

7.  Calls on the Government of Vietnam to allow UNHCR staff access to Vietnam's Central Highlands to monitor the situation of returning asylum seekers, and on the parties to the Tripartite Agreement to resume their cooperation, in particular by allowing UNHCR to station monitors in the region with a view to conducting visits before, during and after any repatriation;

8.  Calls on the Vietnamese Government to release unconditionally all persons in the Central Highlands who are being detained for peacefully expressing their political or religious beliefs, including protestant church activists and supporters of the highland independent movement;

9.  Calls for Vietnamese nationals not to be repatriated against their will; calls on the Commission to assist the Government of Cambodia with receiving people coming from Vietnam;

10.  Calls on the Member States to offer shelter to some of the Vietnamese refugees;

11.  Instructs its President to forward this resolution to the Council, the Commission, the Government of the Socialist Republic of Vietnam, the Government of the Kingdom of Cambodia, ASEAN and the UN.

(1) OJ C 43, 20.2.1995, p. 86. (2) OJ C 167, 2.6.1997, p. 154. (3) OJ C 104, 6.4.1998, p. 233. (4) OJ C 223, 8.8.2001, p. 337. (5) OJ C 65 E, 14.3.2002, p. 369.

European Parliament resolution on the violation of human rights, specifically women's rights, in Nigeria

P5_TA(2002)0188 RC-B5-0207/2002

The European Parliament,

–  having regard to its previous resolutions of 15 February 2001(1) and 15 November 2001(2) on human rights in Nigeria,

–  having regard to the European Parliament's appeals for clemency for Safiya Hussaini and Hafsatu Abubakar,

–  having regard to the resolution adopted by the ACP-EU Joint Parliamentary Assembly on 21 March 2001 on the situation in West Africa, with particular reference to the paragraphs on Nigeria,

–  having regard to the EU Council statement of 27 March 2002, which 'welcomes the acquittal of Safiya Hussaini by the Sokoto Sharia Court of Appeal',

–  having regard to the current 58th session of the UN Commission on Human Rights in Geneva from 18 March to 26 April 2002 and its probable conclusions,

–  having regard to its resolution of 7 February 2002 on the EU's rights, priorities and recommendations for the 58th session of the UN Commission on Human Rights in Geneva(3),

–  having regard to the international human rights covenants ratified by Nigeria, particularly the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the African Charter on Human and Peoples' Rights,

–  having regard to the Nigerian Constitution as amended in 1999,

A.  considering the acquittal on 25 March 2002 of Safiya Hussaini by the Sokoto Sharia Court of Appeal and the earlier acquittal of 18-year-old Hafsatu Abubakar on 24 January 2002, but emphasising that all Ms Hussaini's and Ms Abubakar's human rights must be guaranteed so that they can fully reintegrate into Nigerian society,

B.   whereas the Nigerian Islamic law court at Bakori in Katsina State sentenced Ms Amina Lawal - a 35-year-old woman from the village of Kurami - to death by stoning after she confessed to having had a child while divorced, but acquitted the man involved,

C.  whereas Sokoto and Katsina states are among a dozen states in the country's predominantly Muslim north that had introduced strict Islamic Sharia law over the past two years, which has serious consequences for civil liberties and respect for human rights,

D.  whereas current legal interpretations of the Sharia penal codes in Nigeria include the application of the death penalty, which violates international human rights agreements ratified by Nigeria, including the Convention on the Elimination of All Forms of Discrimination Against Women, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights,

E.  whereas, although Nigeria recognises the legitimacy of Islamic Sharia Courts of Appeal, dealing with religious and family matters, alongside a federal court system, it does not provide for a Sharia Magistrates' Court, whose very existence is incompatible with the supreme law of the land,

F.  whereas the Penal Code of Nigeria explicitly states that assaults committed by a man on his wife are not an offence if permitted by customary law, whereas it is also estimated that about 60 percent of Nigerian women are subjected to female genital mutilation, and whereas there are numerous reports of the organised trafficking of women between Nigeria, other West African countries and Europe,

G.  deeply concerned by the rules in Sharia-bound states, compelling women to remain indoors at night, segregating the transport system by sex and denying women's equal rights in the inheritance of property,

H.  having regard to the efforts undertaken by some northern Governors, especially the decision of 29 February 2001 to suspend Sharia law in certain states already enforcing it, and to the serious retaliatory attacks that followed,

I.  whereas the Minister of Justice, Bola Ige, who has since been assassinated, described the sentence of stoning as "cruel and primitive',

J.  whereas, on 22 March 2002, the international media carried reports about Nigerian Justice Minister Godwin Agabi's letter to the 12 northern Nigerian states applying Sharia law stating that "a Muslim should not be subjected to a punishment more severe than would be imposed on other Nigerians for the same offence' and that any court "which imposes discriminatory punishment is deliberately flouting the constitution' (Section 42 (1a) which guarantees sexual, religious, ethnic and political freedoms),

K.  whereas Nigeria - Africa's most populous country with 110 million citizens, over 250 ethnic groups, and a federal structure of 36 states - has been riven by ethnic, religious and political tensions which have killed thousands since the 1999 elections that ended 15 years of military rule and repression,

1.  Welcomes the decision by the Sharia Court of Appeal of Sokoto State, in northern Nigeria, to act positively on Safiya Hussaini's and Hafsatu Abubakar's appeals against their sentence of stoning to death for adultery, and ordering their acquittals;

2.  Condemns the decision by the Islamic court at Bakori in Katsina State to sentence Amina Lawal to death by stoning for having a child while divorced;

3.  Condemns all forms of religious intolerance and expresses its concern that the fundamentalist interpretation and implementation of Sharia Law, in some Nigerian states, is contrary to respect for basic human rights and calls on the Federal Government of Nigeria to ensure full respect for the constitution and the rule of law;

4.  Acknowledges the key role played by civil society, particularly human rights and non-governmental organisations, and the international media in seeking to ensure that Nigeria's constitutional and international agreements are upheld to protect the human rights of all Nigerian citizens, whatever their background or religion;

5.  Urges the European Union and international organisations to provide technical and legal assistance during the 30-day period in which Amina Lawal can appeal against this latest Sharia ruling;

6.  Calls on the Nigerian government to ensure that the courts operate in accordance with international human rights law and the bill of rights in Nigeria's own constitution;

7.  Urges the Nigerian federal authorities to guarantee the constitutional right of appeal for all Nigerians, and in particular women condemned by Sharia codes, to higher courts both at the state and federal levels so that an independent, free and fair judicial system prevails;

8.  Urges the Nigerian Government to undertake further steps in order that all executions are halted and the use of the death penalty is ended;

9.  Expresses its categorical opposition to the death penalty in all circumstances because it represents the ultimate violation of the right to life guaranteed by international law;

10.  Considers that the current practice and many regulations in the new Sharia penal codes and Sharia codes of criminal procedure violate many international human rights instruments ratified by Nigeria, including the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights;

11.  Calls on the Council to open a political dialogue under the Cotonou Partnership Agreement with Nigeria so as to support and consolidate Nigeria's pluralistic democracy, social and economic justice, and respect for human rights and religious freedoms ahead of the 2003 elections;

12.  Calls on the Commission to provide extra financial and technical aid to strengthen Nigeria's legal and democratic structures, including the training of lawyers, judges and the police, ahead of the 2003 elections, and to include women in this form of aid;

13.  Encourages the efforts of the government-appointed National Human Rights Commission to investigate past human rights abuses and to promote respect for human rights; regrets, however, the fact that it is not allocated enough resources;

14.  Recognises the pivotal role that Nigeria could play in the future development of democracy and trade both in the West African region and in Africa as a whole, in particular the creation of the African Union, and trusts that all political and religious leaders in Nigeria will seize this chance to end religious, ethnic and political violence;

15.  Instructs its President to forward this resolution to the Council, the Commission, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly, the Secretaries-General of the United Nations, the African Union, the Commonwealth, the OECD, the Inter-Parliamentary Union and the Organisation of the Islamic Conference, the Presidents of the European Investment Bank, the African Development Bank, the World Bank and the International Monetary Fund, and the President, Government, Parliament and 36 State Governors of Nigeria.

(1) OJ C 276, 1.10.2001, p. 284. (2) Texts Adopted, Item 16. (3) P5_TA(2002)0057.

European Parliament resolution on the human rights situation in Guatemala

P5_TA(2002)0189 RC-B5-0202/2002

The European Parliament,

–  having regard to its earlier resolutions on the situation in Guatemala and, in particular, its resolution of 14 June 2001 on human rights in Guatemala(1),

–  having regard to its firm and long-standing commitment in favour of the peace and reconciliation agreements in Guatemala,

A.  concerned at the escalation of intimidation against all those involved in efforts to confront impunity - survivors, witnesses, NGOs, journalists, politicians, church figures, rural worker leaders - and, in particular, the repeated threats against forensic scientists involved in efforts to exhume mass graves, in order to collect evidence for possible prosecutions,

B.  deeply concerned also at the mounting acts of violence and intimidation against human rights activists, trade unionists and members of churches working with the indigenous communities, and also against those communities themselves,

C.  noting that the failure of the Guatemalan legal system to deliver on the compromises of the 1996 Peace Accords is a major contributory factor to Guatemala's human rights abuses,

1.  Condemns all acts of violence and intimidation in Guatemala carried out by persons wishing to cover up the crimes and atrocities committed during the bloodstained period of the civil war, and expresses its deep concern at these acts;

2.  Deplores the abuses by the alliance of certain national and international economic actors, who control newer illegal or 'black' industries such as drugs and arms trafficking, money laundering, car theft rings, kidnapping for ransom and illegal use of protected state lands;

3.  Deplores the fact that women's rights are violated in the workplace, where they are frequently subjected to sexual assault and other abuses by their employers, have no right to minimum wages or regulated hours, are rarely given access to any employee health care system, and are fired in case of pregnancy;

4.  Calls on the Guatemalan government to assume its responsibilities concerning the control and punishment of clandestine groups, the safety of its citizens and the investigation of the numerous cases of human rights violations, some of which have been pending for a decade, and to act to dissolve the abovementioned groups pursuant to the terms of the Peace Accords;

5.  Repeats its call for the legal authorities to be guaranteed full independence and freedom when trying the crimes identified by the Commission for Historical Clarification; stresses the need to increase pressure on Guatemala, to demand an end to the civil impunity of certain elites and to underscore freedom of expression and the right to disseminate information for all citizens, when it is undermined by some groups in the private sector; deplores the fact that the extent of corruption in the legal system is preventing the rule of law from prevailing in the present circumstances, and considers that a genuine judicial personnel and witness protection programme must be established to ensure that Guatemala's judicial system operates effectively and equitably;

6.  Urges the official institutions and agencies to cooperate fully with all efforts to clarify human rights violations, including those directed against human rights defenders; urges that the results of those investigations be made public;

7.  Expresses its support for the Guatemalan people and authorities in their continued endeavours to ensure the rule of law and secure the economic, social and political development of their country, in the interests of peace and historical reconciliation;

8.  Calls for the immediate launch of a dialogue and for the establishment of negotiating structures with a view to a peaceful settlement of the agrarian question, pursuant to the Peace Accords;

9.  Calls on the Guatemalan government to undertake the legislative reforms required under the Peace Accords, on the basis of a clear timetable, and to allocate the necessary resources to social policy and to the reform of the legal system, again as required under the Accords;

10.  Calls on the international community to redouble its efforts to press for implementation of the human rights elements of the Global Accord on Human Rights;

11.  Instructs its President to forward this resolution to the Council, the Commission, the Government of Guatemala, the UN Secretary-General, the Secretary-General of the Organisation of American States and the Central American Parliament.

(1) OJ C 53 E, 28.2.2002, p. 403.

European Parliament resolution on the issue of refugees and obstruction of rail freight through the Channel Tunnel

P5_TA(2002)0190 RC-B5-0200/2002

The European Parliament,

A.  having regard to the obstruction of freight trains through the Channel Tunnel since November 2001 and the complete stoppage of rail freight traffic which has been a frequent occurrence over the past month because migrants for whom illicit entry is the only way to reach the UK are attempting to access the trains,

B.  whereas the main problems at the entrance to the Channel Tunnel are getting worse, in spite of a number of joint efforts made by the French and British governments to curb the attempts to travel through the tunnel illegally, which are proving ineffective,

C.  having regard to the failure of the French and British authorities to provide adequate security for the Calais-Fréthun rail freight terminal,

D.  having regard to the decision of a French court on 1 February 2002 to reject an application made by Eurotunnel to seek the closure of the Sangatte refugee centre, which is located only about a mile from the freight terminal and the Tunnel entrance,

E.  whereas efforts to resolve these difficulties must address the real causes of this situation, namely the presence, close to the Channel Tunnel, of illegal immigrants and asylum-seekers who daily, and in large numbers, attempt to travel through the tunnel in order to reach the United Kingdom, and having regard to the absence of an appropriate response,

F.  having regard to the single market requirement for free movement of goods between Member States and the fact that trains from Italy, Germany, Spain and other Member States as well as France and the UK are adversely affected,

G.  whereas the question of asylum-seekers in the Calais area is not a new problem, considering that the British and French governments have been fully aware of the worsening situation for over two years and have not taken effective action,

H.  whereas at least nine people have already died in their attempts to travel illegally through the Channel Tunnel and there is a serious risk of further fatalities and accidents in the Tunnel,

I.  whereas the impact of the situation on trade and businesses is deeply damaging, with a threat to some 8000 jobs, with business losses of some EUR 12 million a week expected; whereas, furthermore, the impact of these developments on private operators such as Eurotunnel has been particularly damaging, with EUR 30 million of losses attributed directly to the disruption of services and a further EUR 8 million to the cost of extra security,

J.  whereas the inability of rail freight operators to guarantee secure and dependable rail shipment between continental Europe and the UK means that 2 250 000 extra lorry kilometres are being driven every week, with clear adverse environmental and safety implications,

K.  whereas, as they currently stand, neither national nor Community legislation can provide a satisfactory response to the difficulties connected with the presence of illegal immigrants close to the Channel Tunnel, and recognising that a sensible, practical and effective approach needs to be adopted by the British and French governments and coordinated with other Member States,

1.  Draws attention to the critical and deteriorating situation around the Channel Tunnel, which requires urgent action by the authorities concerned to restore normal conditions as soon as possible;

2.  Deplores the fact that the Commission, on the basis of Council Regulation (EC) No 2679/98 of 7 December 1998 on the functioning of the internal market in relation to the free movement of goods among the Member States(1) (the 'Strawberry' regulation), can only intervene in a limited way when major obstructions to the free movement of goods occur; urges the Commission and the Member States to take all necessary and proportionate measures, without further delay, to ensure the free movement of goods through the Channel Tunnel between France and the UK; urges the Commission to draw up proposals to strengthen the rapid intervention mechanism provided for in the 'Strawberry' regulation;

3.  Acknowledges that, in order to provide a satisfactory long-term response to these difficulties, it is necessary to adopt a humane and practical approach in terms of asylum and immigration policy;

4.  Considers that the long-term solution lies within European asylum and immigration systems, including responsibility-sharing; calls therefore for urgent action to ensure that asylum-seekers can be processed fairly and rapidly, while traffickers and illegal immigrants are effectively deterred;

5.  Calls on the British and French governments to reach a solution dealing with the asylum claims at the Sangatte centre and to take a lead in developing further EU measures;

6.  Calls upon the French authorities and SNCF, as a matter of urgency, to further upgrade security at Fréthun and other vulnerable points leading to the Channel Tunnel and to ensure that effective security measures are deployed at all times;

7.  Urges the UK and French governments to provide immediate support and compensation for rail freight operators and other businesses which have been adversely affected by the restrictions on rail freight using the Channel Tunnel;

8.  Instructs its President to forward this resolution to the Council, the Commission and the British and French governments.

(1) OJ L 337, 12.12.1998, p. 8.

European Parliament resolution on the EU position in the Special Session on Children of the UN General Assembly

P5_TA(2002)0191 RC-B5-0216/2002

The European Parliament,

–  noting the reconvened Special Session on Children of the United Nations General Assembly from 8-10 May 2002,

–  recalling its previous resolutions on children's rights, such as its resolution of 17 December 1998 on child soldiers(1), its resolution of 28 January 1999 on the protection of families and children(2), its resolution of 17 May 2001 on child trafficking in Africa(3), and its resolution of 6 September 2001(4) on the UN Special Session,

–  having regard to the 1989 Convention on the Rights of the Child, ratified by 191 countries,

–  having regard to the entry into force on 12 February 2002 of the optional protocol to the Convention on the Rights of the Child,

–  having regard to the EU-sponsored resolution on the rights of the child, which was adopted by the UN Commission on the Rights of the Child on 25 April 2001 (UNCHR resolution 2001/75),

–  having regard to the Charter of fundamental rights of the European Union, in particular Article 24,

A.  whereas at the World Summit for Children in 1990 world leaders adopted a plan of action on behalf of the children of the world, which contained far-reaching goals to improve the health and development of children, including reduction of mortality rates, malnutrition, and improved access to safe drinking water and sanitation,

B.  whereas new international standards and instruments enhancing child protection have been adopted, such as the Ottawa Mine Ban Treaty, the Rome Statute for the International Criminal Court, the optional protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, and ILO Convention 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour,

C.  whereas although the Convention on the Rights of the Child has almost been universally ratified, its implementation is lacking,

D.  whereas every third second, a child somewhere in the world dies from under-nourishment or lack of water or health care, and millions of children have died from diseases related to HIV/AIDS,

E.  whereas more than 100 million children, particularly girls, are denied basic education,

F.  whereas two million children have been killed in wars over the last ten years,

G.  whereas every year two million girls are victims of female genital mutilation,

H.  whereas the 2002 Special Session is an important opportunity to devise practical and sustainable ways to fully implement the Convention as rapidly as possible,

I.  whereas demographic, sociological, technological and scientific changes are creating problems which affect social and human development, such as poverty, social exclusion and the breakdown of family life, of which children are always the first victims,

J.  whereas the successful implementation of the goals established at the forthcoming Special Session on Children will depend on a meaningful monitoring system,

1.  Calls on the EU and its Member States to work actively together in order for the outcome of the Special Session to:

2.  Supports the view that the 'family is the fundamental unit of society and holds primary responsibility for the protection, upbringing and development of children', as stated in UNICEF's draft outcome document under preparation for the Special Session;

3.  Suggests, therefore, that a 'world fit for children' - the title of the Special Session - has to be at the same time a world fit for families, in line with subsidiarity; this implies that government policies have to be devised accordingly in order to achieve the best human and social environment for children and to provide those that are deprived of natural family protection and support with the best possible family-like social responses;

4.  Calls on the Member States to make the implementation of the Convention on the Rights of the Child, the ratification and implementation of key new treaties developed during the past decade that strengthen the protection of children's rights and the implementation of the commitments agreed upon during the 2002 Special Session a national and European priority in the light of Article 24 of the Charter of Fundamental Rights;

5.  Calls on the Member States to establish or designate an independent body to monitor the goals of the outcome document of the Special Session and to adopt a comprehensive national plan, with specific, time-bound and measurable objectives;

6.  Calls on the Member States to ratify and implement the optional protocol to the Convention on the Rights of the Child on the Protection of Children in Armed Conflict which came into force on 12 February 2002;

7.  Calls on the Council to make the ratification of key new treaties strengthening the protection of children's rights by third countries, which have been developed during the past decade, a priority in its political dialogue with these countries;

8.  Welcomes the establishment of the Convention on the Future of Europe and calls on the Convention to recommend the inclusion of a legal basis in the Treaties to promote and protect the best interests of the child in all EU policy, programmes and legislation;

9.  Welcomes the recent commitments made by the Commission to integrate a children's rights perspective into the development cooperation instruments of the Community and to issue strategic implementation guidelines; calls on the Commission and the Council to implement these commitments without delay;

10.  Notes that girls in developing countries are more likely to be performing unpaid domestic work, denied education, and subjected to early marriage and calls on the Commission to take specific measures to promote the rights of the girl child in development and humanitarian aid policy;

11.  Calls on Member States to promote Article 12 of the Convention on the Rights of the Child and to involve children and young people at all appropriate levels of decision-making;

12.  Calls on the Commission to ensure that all proposed EU directives, policies and programmes should be subjected to child impact analyses in order to assess their potential implications for children;

13.  Instructs its President to forward this resolution to the Council, the Commission, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly, the chairs of its inter-parliamentary delegations, the parliaments of the Member States, the UNGASS secretariat, UNICEF and the national delegations at the UN General Assembly's Special Session on Children.

(1) OJ C 98, 9.4.1999, p. 297. (2) OJ C 128, 7.5.1999, p. 79. (3) OJ C 34 E, 7.2.2002, p. 383. (4) OJ C 72 E, 21.3.2002, p. 360.

European Parliament resolution on Angola

P5_TA(2002)0192 RC-B5-0204/2002

The European Parliament,

–  having regard to its previous resolutions on the situation in Angola, as well as the Sakharov Prize 2001,

–  having regard to the recent resolution on southern Africa adopted by the ACP-EU Joint Parliamentary Assembly on 21 March 2002 in Cape Town, South Africa,

–  having regard to the conclusions of the European Council in Barcelona (15-16 March 2002) on the developments in Angola since the death of Jonas Savimbi,

–  having regard to the position taken by the UN Security Council on the new peace initiative in Angola,

–  having regard to the statement made by the UN Secretary-General on 25 February 2002,

A.  whereas the death of Jonas Savimbi radically changes the face of the political situation in Angola and may mean that Angola will enter a special phase in its history,

B.   having regard to the recent events in Angola, the government's positive attitude in announcing the interruption of offensive military movements, and the equally positive response at ground level from UNITA's leadership and combatants,

C.   whereas on 28 March 2002 the UN Security Council declared itself favourable to the integral implementation of the Lusaka Protocol, and said it is willing to work with all parties to achieve this goal, undertaking consultations with the government of Angola to find ways to change the sanctions imposed on UNITA by Resolution 1127 (1997), in order to ease the peace talks,

D.   welcoming the signing on 4 April 2002 of the ceasefire agreement between the government and the military leadership of UNITA, based on the 'Memorandum of Understanding' supplementing the Lusaka Protocol, signed in Luena (Moxico province) on 30 March 2002, which represents a major opportunity for lasting peace in Angola,

E.   whereas the abovementioned agreement is based on the Lusaka Protocol of 20 November 1994, and principally on the demilitarisation of UNITA, the conclusion of the formation of the National Armed Forces, the extension of state administration throughout the national territory, the disarming of the civilian population, and other tasks that were interrupted in the wake of the civil war that restarted in 1998,

F.   having regard to the adoption by the National Assembly, on a proposal by the Angolan Government, of an amnesty law, on 3 April 2002,

G.   whereas UNITA's full integration in the national political scene as a non-armed, freely reorganised political party is essential for the consolidation of the democratic process,

H.   whereas the legitimacy and credibility of the national peace and reconciliation process demands the effective participation of all stakeholders, political parties and civil society, including the churches that have made enormous efforts to promote this process,

I.   whereas the situation remains disastrous in humanitarian terms, as 4 million people have been displaced by the war, although the delivery of humanitarian aid has slightly improved in recent months with the abatement of military conflict in some parts of the country, and with greater cooperation from the Angolan armed forces,

J.  having regard to the inhuman paradox of a potentially very rich country whose population lives in conditions of extreme poverty, which has long been a feature of the suffering of the Angolan people,

1.  Welcomes the signing of the 'Lusaka Protocol Complementary Memorandum Towards the Cease of Hostilities and Further Outstanding Military Matters' between the government of Angola and the military leadership of UNITA, done on 4 April 2002 in Luanda, which represents a new era for lasting peace in Angola;

2.  Stresses the major importance of this historic event for southern Africa and for the entire African continent;

3.  Calls on the Angolan government and UNITA to make this ceasefire definitive and irreversible;

4.  Trusts that both the government and UNITA will abide in every way by the undertakings they have entered into, ceasing all military and political hostilities and all forms of intimidation throughout Angola; also trusts that this will make it possible to normalise state administration and institutional life and thus to deepen and complete Angola's transition to full democracy;

5.  Calls on all parties to implement fully the provisions of the ceasefire agreement and of the Lusaka Protocol by establishing political dialogue under the aegis of the United Nations in order to promote lasting peace and stability in Angola; recommends that the UN Security Council gradually should begin to gradually lift the international sanctions against UNITA, in consultation with the government;

6.  Encourages the full integration of UNITA into the national political scene as a freely reorganised, non-armed political party; considers it essential for the continuation of the peace process that UNITA should abandon all military activity and carry out full demilitarisation;

7.  Encourages the government to intensify its dialogue and cooperation with all political forces, civil society and the churches, especially those within COIEPA, in order to involve every Angolan citizen in this peace and reconciliation process;

8.  Calls on the government to use this opportunity for peace to give absolute priority to improving the humanitarian and health situation, without discrimination, and calls on the EU and the international community to provide adequate assistance to optimise this national effort;

9.  Considers it necessary, as a matter of urgency, to conclude the extension and installation of national administration throughout Angola, so as to create the necessary conditions for the return of displaced communities and their reintegration into their areas of origin, thus enabling them to resume their normal lives;

10.  Urges that the Office of the High Commissioner for Refugees (UNHCR) play an enhanced role in taking responsibility for more than 4 million displaced persons in Angola, and calls on the international community to take further concrete steps to address the existing humanitarian situation in that country;

11.  Calls on the Commission, the ACP-EU Council and the UN to support programmes for demining, in order to ensure the free movement of persons, and to promote the conditions required for the revitalisation of the national economy, humanitarian aid, the social reintegration of displaced people, demobilised soldiers, disabled members of the armed forces and war orphans, and the organisation of an international conference of donors for the reconstruction of a peaceful Angola;

12.  Calls on the Angolan Government to establish a transparent and accountable mechanism for managing Angola's natural resources, including the diamond and oil trade, so that the income can be dedicated to the financing of global, fair and sustainable development and in the fight against poverty;

13.  Believes that free elections must be held in Angola immediately following the restoration of freedom of movement throughout the country, the establishment of the necessary climate of peace and institutional normality, and the conclusion of a period of detailed preparation with a view to implanting a culture of freedom and mutual respect propitious to democratic elections;

14.  Calls on the EU and the other international organisations to redouble their efforts in support of programmes for education in the area of democracy and civic rights, in cooperation with the Angolan authorities and the bodies which have contributed to the social effort;

15.  Calls for rapid action to investigate the situation of the two Portuguese children who disappeared several months ago;

16.  Instructs its President to forward this resolution to the Council, the Commission, the Co&nbhy;Presidents of the ACP-EU Joint Parliamentary Assembly, the African Union, and the Government and Parliament of Angola.

European Parliament resolution on the torrential rain affecting Tenerife and the east coast of Spain and climate change

P5_TA(2002)0193 RC-B5-0218/2002

The European Parliament,

A.  having regard to the disaster which hit the municipality of Santa Cruz de Tenerife as a result of the floods on 31 March 2002, caused by a sudden downpour during which 224 litres of water per square metre fell in two hours,

B.  whereas as a result of the disaster people died, others disappeared, dozens were injured and unspeakable suffering was caused to a large proportion of the population, and at least 400 homes, according to initial estimates, were totally or partially destroyed, as was the property of thousands of families,

C.  having regard to the enormous material damage caused to the infrastructure of the city and the port facilities, essential for the normal activities of the island of Tenerife,

D.  whereas the storm also had disastrous consequences for the region of Valencia, especially the districts of Marina and La Safor, where one person was killed and flooding seriously affected homes in the area and destroyed many roads,

E.  whereas Santa Cruz de Tenerife benefits from measures implementing the improvements envisaged in the URBAN programme and a large proportion of the works carried out to implement these programmes were flattened by the floods,

F.  having regard to its previous resolutions on natural disasters of this kind, which are of particular significance in Mediterranean countries, because such phenomena happen only occasionally in geographical areas which are not prepared for heavy rain,

G.  concerned at the possible link between this kind of natural disaster and climate change, which is affecting the whole planet,

H.  concerned also at the impact which the building and provision of infrastructure is having on the ecosystems of small island regions with mountainous terrain,

1.  Conveys its condolences to the families affected by the loss of human life and expresses sympathy with the families of those who disappeared or were injured, and with the families who lost their homes and property;

2.  Calls on the Commission to contact the authorities of the Canary islands and the Spanish State in order to offer opportunities for aid to remedy the damage caused to the island's infrastructure;

3.  Raises the efforts made by the various organisations involved, which were mobilised to assist the flood victims, especially the various teams of firemen, police, soldiers and voluntary organisations, as well as local, regional and national authorities, but takes the view that swift and effective coordination of civil protection services is needed throughout the European Union, in order to reduce the impact of this kind of natural disaster, which is becoming increasingly frequent;

4.  Requests in particular, in the context of providing infrastructure in the outermost regions of the Union, that the Commission should take account of the impact of building work on the natural characteristics of island regions with a high population density, in order to ensure that natural events of this kind do not have disastrous consequences;

5.  Considers that the torrential rain which affected Tenerife and eastern Spain are bound to increase the international community's concern about the phenomenon of climate change. Points out, in this context, that the European Union needs to pursue an ambitious and decisive policy to continue the Kyoto process, not least on an international scale; calls on the Member States to respect fully their commitments to reduce greenhouse-gas emissions; considers that the Kyoto Protocol is only the first stage in the fight against global warming and that additional measures will be needed in the long term;

6.  Instructs its President to forward this resolution to the Commission and the governments of the Member States.