29.1.2016   

EN

Official Journal of the European Union

C 36/1

29.1.2016   

EN

Official Journal of the European Union

C 36/2

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having regard to the Special Report from the European Ombudsman to the European Parliament,

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having regard to Article 228 of the Treaty on the Functioning of the EU,

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having regard to Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994, on the regulations and general conditions governing the performance of the Ombudsman’s duties (1), in particular Article 3(7) thereof,

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having regard to Rule 205(2), first sentence, of its Rules of Procedure,

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having regard to the report of the Committee on Petitions (A7-0022/2013),

A.

whereas Article 228 of the Treaty on the Functioning of the European Union empowers the European Ombudsman to receive complaints from any citizen of the Union concerning instances of maladministration in the activities of the Union institutions or bodies;

B.

whereas complaints submitted by EU citizens constitute an important source of information on possible infringements of EU law;

C.

whereas, according to Article 41 of the Charter of Fundamental Rights of the European Union, ‘every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union’;

D.

whereas neither the Treaties nor the Ombudsman’s Statute define maladministration, thus leaving this task to the European Ombudsman, subject to the interpretative authority of the Court of Justice; whereas, in his first Annual Report, the Ombudsman introduced a non-exhaustive list of conduct that would amount to maladministration;

E.

whereas, following a subsequent invitation by Parliament to define a precise and clear definition of maladministration, the European Ombudsman stated in his Annual Report for 1997 that ‘maladministration occurs when a public body fails to act in accordance with a rule or principle which is binding upon it’;

F.

whereas this definition was supplemented by a statement to the effect that, when investigating whether a Community institution or body has acted in accordance with the rules and principles which are binding upon it, his first and foremost task must be to establish whether it has acted lawfully;

G.

whereas the Ombudsman also monitors the application of the codes of good administrative behaviour that institutions have signed up to and which express general principles of administrative law, including elements of the service principle, as well as the Charter of Fundamental Rights, which is fully applicable to all parts of the EU’s own administration;

H.

whereas, having submitted 18 special reports in 16,5 years, the Ombudsman has so far acted very cooperatively and responsibly by using such reports to the European Parliament only as ultimate political tool, thus demonstrating his general spirit for consensual solutions;

I.

whereas this special report concerns the way in which the Commission handled a complaint submitted to it in 2006 by 27 citizens’ initiatives fighting against what they perceived to be the negative consequences of the expansion of Vienna Airport;

J.

whereas Article 2 of the EIA Directive (2) states that ‘Member States shall adopt all measures necessary to ensure that […] projects likely to have significant effects on the environment […] are made subject to a requirement for development consent and an assessment with regard to their effects’;

K.

whereas the Commission concluded that the works for the expansion of the airport had been carried out without the obligatory environmental impact assessment (EIA) and addressed a letter of formal notice to Austria on 21 March 2007 for having omitted the EIA; whereas in its reply of 7 May 2007 Austria could not refute the fact that the infrastructure measures at stake had led and were still leading to a significant increase in air traffic and nuisance due to plane traffic over Vienna, i.e. that these measures had significant environmental effects;

L.

whereas, in the light of the fact that the works had either been completed or were close to being finalised, the Commission preferred — rather than bringing Austria before the CJEU — to seek an agreement with the Austrian authorities which would as far as possible remedy this omission; whereas the Commission agreed with the Austrian authorities that the latter would carry out an ex post EIA in order to determine inter alia what mitigation measures would be needed to reduce the effects of noise on the population living near the airport;

M.

whereas the Ombudsman accepted this choice by the Commission; whereas the complainant was unhappy with the way in which the ex post EIA had been carried out, criticising in particular the fact that he did not have access to judicial redress as foreseen by the EIA Directive and that the authority in charge of the EIA, the Austrian Ministry for Transport, was the same authority which had previously granted the permits for the relevant works and thus found itself in a conflict of interest;

N.

whereas, after his investigation, the Ombudsman took the view that he was unable to conclude that the Commission had ensured that the ex post EIA had been carried out properly; whereas he nevertheless closed the case, considering that no further action was needed on his part as the procedure was ongoing and the Commission had stated that it would close its infringement case only when it was satisfied the Austrian authorities had taken the necessary steps;

O.

whereas in November 2010 the complainants turned to the Ombudsman again and a second inquiry was opened, in the course of which the Ombudsman conducted an inspection of the Commission’s file; whereas the Ombudsman considered that the file did not show that the representations which the complainants had made during the period in which the ex post EIA was being carried out had been discussed with the Austrian authorities, nor that the Ombudsman’s decision in the first complaint had given rise to any further correspondence besides the reports on the EIA from Austria;

P.

whereas this state of affairs led the Ombudsman to the conclusion that the Commission had failed to take his findings from the first inquiry into account, in particular that it had not been consistent in its replies to the Ombudsman concerning the possibility of legal redress against the ex-post EIA and that it had not insisted on appointing an entity to conduct the EIA other than the Ministry of Transport, which had authorised the works;

Q.

whereas the Ombudsman made a draft recommendation to the Commission, urging it to ‘reconsider its approach as regards the handling of the complainants’ infringement complaint concerning Vienna airport and address the deficiencies highlighted by the Ombudsman’ and pointing out that this meant ‘that the Commission’s further actions in the infringement proceedings should take into account the obligation of the national authorities to ensure that (i) the complainants have access to a review procedure and (ii) steps are taken to deal with a manifest conflict of interest in the application of Directive 85/337/EEC’;

R.

whereas the Commission argued in its reply to the Ombudsman on the first issue that it had raised the issue of legal redress with the Austrian authorities but had accepted their position that this would have raised problems in terms of the national law of judicial procedure, and pointed out that the Austrian authorities had committed themselves to ensure that the cumulative effects of the previous, only ex post assessed works, would be fully taken into account in an EIA of a new third runway against which full judicial review would be possible;

S.

whereas the Commission’s argument concerning the second allegation of maladministration was that the EIA Directive did not establish any provisions regarding the distribution of competences in respect of the EIA procedure to be conducted in the Member States; whereas in line with the principle of subsidiarity it is entirely for the Member States, being responsible for the organisation of their own administration, to decide which authority should be in charge of procedures under the EIA Directive, and whereas it is a general principle of administrative law in all Member States that an authority which has taken an unlawful decision which has been subject to an administrative appeal or court ruling is in charge of remedying the situation;

T.

whereas the draft recommendation was, thus, not successful and the Ombudsman considered that the present case was an example of a situation where the Commission, in relation to a clear infringement of EU law, had failed to take appropriate remedial action by ensuring that the ex-post environmental impact assessment was carried out impartially and where it had not appropriately followed up the Ombudsman’s advice concerning access to legal redress against this assessment;

U.

whereas the Ombudsman therefore took the view that it was appropriate to bring the matter to the attention of Parliament;

V.

whereas the Commission adopted a proposal for a review of the EIA Directive on 26 October 2012; whereas its Committee on Legal Affairs has drafted a legislative initiative report requesting a general regulation on administrative procedure for the EU’s own administration;

1.

Welcomes the Ombudsman’s special report, which highlights important issues relating to problems concerning the application of the EIA Directive and the conduct of the infringement proceedings;

2.

Recalls that maladministration occurs when a public body fails to act in accordance with a rule or principle which is binding upon it;

3.

Notes that the alleged maladministration concerned the way in which the Commission handled the infringement proceedings against Austria, notably its failure to ensure both that the authority which had issued permits for works without the required impact assessment would not be responsible for conducting the ex-post EIA and that the complainant would have access to legal redress against this assessment;

4.

Stresses that this special report does not deal with the question whether the Austrian authorities acted wrongly, but addresses the question whether the Commission failed in its obligations when investigating and acting on a complaint it had received and in its response to the Ombudsman's requests and recommendations from his first investigation into this case;

5.

Shares the Ombudsman’s concern about the potential negative impact of conflicts of interest in the carrying out of environmental impact assessments and agrees that means should be sought to address this issue while at the same understanding the Commission’s worries about exceeding its competences if it had required the Austrian authorities to appoint another entity to be responsible for the ex-post assessment;

6.

Advises competent authorities in the Member States to pay attention to potential conflicts of interest already within the present state of the law and to prepare for eventual changes in EU law in this respect; stresses the role of national Ombudsmen as important mediators in helping citizens take action against potential conflicts of interest and cases of maladministration in general within Member States' administrations;

7.

Considers, with regard to the Ombudsman's second allegation, that an honest, active and comprehensive inclusion of the local population in the application of the EIA Directive is on the whole essential and thus believes that open and transparent mediation procedures should be carried out more frequently ahead of projects with a potential major impact on the local environment and human health; in this context, acknowledges the public mediation which took place ahead of the EIA concerning the construction of a third runway at Vienna Airport in which also the cumulative impact, e.g. the noise nuisance, of the enlargements which triggered the infringement case at hand was assessed and for which a full review procedure is available;

8.

Agrees with the Ombudsman that keeping and updating clear records forms part of good administration as it enables, for instance, the European Ombudsman to verify that his recommendations have been appropriately taken into account;

9.

Considers it also advisable, as a relevant element of good administrative practice, to maintain an appropriate, clear and consistent correspondence with the complainants during infringement procedures and with the Ombudsman during his investigations;

10.

Welcomes the Commission’s statement that it intends to improve its practice on both these issues — written records and thorough correspondence — in order to avoid the problems in communication experienced in the case at hand;

11.

Stresses that neither the Commission nor the Austrian authorities were violating any existing European legislation when carrying out the ex post EIA, which was based on an ad hoc negotiated sui generis procedure; points out, however, that, as EU law does not provide any legal basis for such a procedure, this is to be considered as exceptional and a consequence of a previous failure to comply with the directive, which cannot be remedied;

12.

Considers that, in its negotiations with the Austrian authorities, the Commission could have made greater efforts with regard to the availability of a judicial review, bearing in mind the transposition of the relevant provisions (Article 10a) in Austrian law in 2005, as well as with regard to the conflict of interest in the Austrian Ministry responsible, bearing in mind the overarching principle in EU case-law that not only the letter of the law is to be followed but that the purpose and spirit of the legislation should also be taken into account;

13.

Considers that the circumstances which gave rise to the opening of the Commission’s infringement procedure and consequently to the complaint to the European Ombudsman raise serious questions as regards the implementation by a Member State, in this case Austria, of Directive 85/337/EEC at that time; welcomes the fact that the 2009 revision of the Austrian federal law implementing the EIA Directive duly took into account, inter alia, the findings of the infringement procedure at hand and thereby brought Austrian legislation into conformity with EU law in this respect;

14.

Recalls that over the years several cases in which Member States allegedly allowed projects to be authorised and carried out without the required EIA have been brought to the attention of its Committee on Petitions;

15.

Believes that, in cases where projects are highly likely to infringe basic requirements of the EIA Directive, the public concerned should have effective legal instruments available to it to seek immediate clarification by the EIA authority responsible concerning the compliance of the projects with EU rules, so as to prevent irreversible environmental damage when such projects are implemented;

16.

Notes also that the notion of an ex post EIA does not appear in the current EIA Directive and that this instrument was negotiated by the Commission in an attempt to deal with a de facto situation, in which permits had already been granted and works carried out;

17.

Points out that the Vienna Airport case highlights weaknesses in the current EIA Directive, such as how to deal with projects which are practically irreversible because they have already been implemented, with possible environmental damage already having been done, and the problem of conflicts of interest within responsible authorities, as alleged in the case at hand;

18.

Refers to the Annual Report 2011 of its Committee on Petitions, which stressed the need to ensure objectivity and impartiality with regard to EIAs; recalls that the Commission was asked to ensure that the EIA Directive would be ‘strengthened by providing clearer parameters as regards the independence of expert studies, common EU thresholds, a maximum timeframe for the process, including effective public consultation, the requirement to justify decisions, the mandatory assessment of reasonable alternatives and a quality control mechanism’;

19.

Welcomes the Commission’s proposal for a revision of the EIA Directive with a view to strengthening it; expresses its commitment to fully engaging with the Commission and Council in the procedure in order to ensure that this important directive serves its purpose in an ever more efficient and objective manner (3);

20.

Notes that the current directive does not contain requirements relating to the objectivity and impartiality of the authorities responsible for authorisation and does not set any such requirements for bodies which carry out an EIA; notes that it does not contain any provisions either about how to proceed when a project has already been implemented or is close to finalisation or about how the concerned public could, by means of a clear and non-bureaucratic procedure, obtain immediate clarification from the EIA authority responsible about the conformity with EU rules of such projects, which are very likely to infringe basic provisions of the EIA Directive; considers therefore that the review of the EIA Directive offers a good opportunity to introduce such requirements and provisions;

21.

Considers that this case also shows that, in addition to measures to strengthen the provisions of the EIA Directive, clearer procedures are required for infringement proceedings, preferably through the adoption of a general regulation on administrative procedures for the EU’s administration, thereby strengthening the position of the complainant; considers that such a regulation would be an appropriate means of clarifying the authorities‘ obligations when communicating with complainants in an infringement case or with bodies representing European citizens, such as the Petitions Committee and the Ombudsman, e.g. by introducing an obligation to respond as soon as possible to recommendations of the Ombudsman in order to avoid misinterpretations, such as those which occurred in the case at hand;

22.

Instructs its President to forward this resolution to the Council, the Commission, the European Ombudsman, the European Network of Ombudsmen and the parliaments of the Member States.

29.1.2016   

EN

Official Journal of the European Union

C 36/6

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having regard to Articles 2 and 3(3), second subparagraph, of the Treaty on European Union (TEU) and to Articles 8, 153(1), indent (i), and 157 of the Treaty on the Functioning of the European Union (TFEU),

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having regard to Article 23 of the Charter of Fundamental Rights of the European Union,

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having regard to the Commission communication of 18 April 2012 entitled ‘Towards a job-rich recovery’ (COM(2012)0173) and the accompanying document on exploiting the employment potential of the personal and household services (SWD(2012)0095),

—

having regard to the Commission proposal of 6 October 2011 for a regulation of the European Parliament and of the Council on a European Union Programme for Social Change and Innovation (COM(2011)0609),

—

having regard to the European Pact for Gender Equality (2011-2020), adopted by the European Council in March 2011,

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having regard to the Commission’s 2011 report on the Progress on Equality between Women and Men in 2010 (SEC(2011)0193),

—

having regard to the Commission communication of 21 September 2010 entitled ‘Strategy for equality between women and men — 2010-2015’ (COM(2010)0491),

—

having regard to the proposal for a Council decision on guidelines for the employment policies of the Member States — Part II of the Europe 2020 Integrated Guidelines (COM(2010)0193),

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having regard to Directive 2006/123/EC of 12 December 2006 on services in the internal market (1),

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having regard to Directive 2006/54/EC of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (2),

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having regard to Directive 2004/113/EC of the Council of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (3),

—

having regard to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 18 December 1979,

—

having regard to its resolution of 6 May 2009 on the active inclusion of people excluded from the labour market (4),

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having regard to its resolution of 7 September 2010 on the role of women in an ageing society (5);

—

having regard to its resolution of 17 June 2010 on gender aspects of the economic downturn and financial crisis (6),

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having regard to its resolution of 19 October 2010 on precarious women workers (7),

—

having regard to its resolution of 8 March 2011 on equality between women and men in the European Union — 2010 (8),

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having regard to its resolution of 8 March 2011 on the face of female poverty in the European Union (9),

—

having regard to its resolution of 6 July 2011 on women and business leadership (10),

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having regard to its resolution of 13 September 2011 on women entrepreneurship in small and medium-sized enterprises (11),

—

having regard to its resolution of 25 October 2011 on the situation of single mothers (12),

—

having regard to its resolution of 13 March 2012 on equality between women and men in the European Union — 2011 (13),

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having regard to its resolution of 24 May 2012 with recommendations to the Commission on application of the principle of equal pay for male and female workers for equal work or work of equal value (14),

—

having regard to its resolution of 11 September 2012 on women's role in the green economy (15),

—

having regard to its resolution of 11 September 2012 on women’s working conditions in the service sector (16),

—

having regard to its resolution of 9 March 2011 on the EU strategy on Roma inclusion (17);

—

having regard to Rule 48 of its Rules of Procedure,

—

having regard to the report of the Committee on Women's Rights and Gender Equality and the opinion of the Committee on Employment and Social Affairs (A7-0048/2013),

A.

whereas the European Union is facing the biggest economic and financial crisis since the depression of the 1930s and whereas unemployment rates in all Member States, and especially the southern Member States, have risen significantly as a result of this crisis; whereas the effects of this crisis are particularly serious for vulnerable people, and in particular for women, who are affected directly — through loss of their jobs or pay cuts or loss of job security — and indirectly through budget cuts in public services and welfare; whereas, this being the case, it is essential among other things that the dimension of gender equality in the handling of this crisis and the development of solutions be very seriously examined;

B.

whereas the right to work is an essential precondition if women are to enjoy effective equal rights, economic independence and professional fulfilment; whereas the current crisis is not only a financial and economic crisis, but also a crisis for democracy, for equality, for social welfare, and for gender equality, and is also being used as an excuse to slow down or even halt crucial efforts to tackle climate change and the environmental challenges ahead;

C.

whereas recent studies have shown that only 5 % of decision-makers in the EU’s financial institutions are women, while all 27 central bank governors in the Member States are men; whereas gender studies have shown that women manage in a different way by avoiding risk and focusing more on a long-term perspective;

D.

whereas at the beginning the economic crisis had a greater impact on men than on women,; whereas unemployment has risen since then at different rates for men and women; whereas women were not hit initially by the crisis but are now increasingly feeling its effects (higher and increasing number of precarious and part-time jobs, greater threat of redundancy, lower wages, reduced social protection cover, etc), and will be affected more enduringly; whereas this phase is far less well documented and there is a lack of reliable and comparable statistical data on it, and, consequently, the impact of the crisis on women tends to be underestimated;

E.

whereas women play a critical role in driving economic development; whereas further empowering women can have the economic effect of lifting communities and families out of poverty;

F.

whereas in a crisis situation labour market policy tends to focus on influencing the general level of employment, and not on economically inactive women;

G.

whereas it should be noted that unemployed women are often not included in official statistics and that gender inequalities in terms of inactivity rates are often underestimated as women tend more frequently to withdraw from the labour market for various reasons (pregnancy, family responsibilities, time constraints) and to perform unpaid or informal work, often in the home or caring for dependents or serving the shadow economy, while few studies currently exist concerning the impact of cuts in public expenditure relating to gender equality;

H.

whereas budget cuts by governments implementing austerity plans are mostly affecting the public sector and its welfare services, which are staffed and benefited mainly by women — who make up some 70 % of public-sector employees — but also the private sector, with women now becoming the main victims of austerity measures; whereas to date no country has assessed the impact of the proposed cuts in public spending and of the consequences of fiscal consolidation from a gender perspective, be it the impact of the individual measures or their cumulative impact;

I.

whereas women are more dependent on social benefits which are being cut as part of austerity measures;

J.

whereas a crisis situation like the current one calls for deep structural reforms in the job market;

K.

whereas for women a fall in the number of jobs frequently goes hand in hand with the readjustment of work schedules, including longer working hours often involving different shifts; whereas it is extremely likely that recovery will be felt more rapidly in the industrial sector, thereby bringing about recovery in male employment, which will pick up faster than female employment; whereas austerity measures in the public services will have a more lasting effect on female employment, thus jeopardising in the long term the progress that has been made in the field of gender equality;

L.

whereas the crisis is leading to increasing exploitation of women in both the legal and the illegal economy; whereas its effects will impact in the longer term on those women who have a non-linear career path (including those in poorly paid temporary, part-time, intermittent, atypical, or even informal employment), often with part-time working imposed, resulting in women having an incomplete pension contributions record and in a higher percentage of women at risk of poverty; whereas women may end up with entitlement only to a very small pension and thus be pushed below the poverty line; whereas there is a risk of the emergence of a whole ‘lost generation’ of young people, both men and women, deprived of job opportunities, secure employment and, often, educational opportunities because of economic hardship;

M.

whereas the crisis is adding to the difficulties of reconciling career and family roles; whereas the impact on employment of having children differs between women and men; whereas the labour market participation rate for mothers is 12 % lower than that for women without children, while the employment rate for fathers is 8,7 % higher than for men without children;

N.

whereas the gender dimension has not been taken into consideration in the current and planned initiatives and policies aimed at exiting the crisis;

O.

whereas female employment is affected by gender stereotypes, such as the notion that male unemployment is a ‘more serious’ issue than female unemployment, adding to the already significant collection of gender stereotypes which impact negatively on women's chances of employment; whereas in practice the approach to male unemployment is different from that to female unemployment, since men are still considered as the breadwinners and women as the main family caretakers;

P.

whereas approximately 23 % of EU citizens were at risk of poverty or social exclusion in 2010 (18), and this impoverishment of the population affects women most of all, since they very often face a combination of difficulties, as in the cases of older women living alone and single-parent families (for the most part headed by women); whereas these include difficulties in keeping a job or finding a new one in these circumstances, difficulties in finding appropriate housing, taking on responsibility for dependants (children, parents, and sick or disabled people), and difficulties in reconciling work and family life arising from lack of appropriate support structures and variations in national policies on the matter between the 27 Member States;

Q.

whereas the crisis has further aggravated the social end economic condition of many disadvantaged communities and has contributed to an increased school dropout rate among girls and an even greater vulnerability to trafficking;

R.

whereas cutbacks in services and benefits have compromised women's economic independence, as benefits often constitute an important source of their income and as women tend to use public services more than men; whereas single mothers and single female pensioners face the biggest cumulative losses;

S.

whereas rising numbers of women are taking informal and unpaid work (voluntary or otherwise) with less social protection in order to escape the crisis; whereas according to an OECD study (19) domestic work accounts for 33 % of the GNP of the OECD member countries;

T.

notes that the decrease in the employment gap between men and women is more a reflection of a general degeneration in living and working conditions than of progress towards increased gender equality;

U.

whereas women entering working life are playing a leading role in the return to growth; whereas they enable the family income to rise, which brings about a rise in consumption and helps boost the economy; whereas gender equality therefore has a positive impact on productivity and economic growth;

V.

whereas the recent secondary analysis of the 5th EWCS (‘Women, men and working conditions in Europe: Secondary analysis of the 5th European Working conditions survey’, Eurofound 2012, to be published in 2013) shows that gender segregation is detrimental for both male and female workers; whereas both men and women report increased wellbeing at work and greater job satisfaction where they work with colleagues of both sexes; whereas scope nonetheless remains for combating gender segregation on the labour market, occupational gender polarisation, and the existence of ‘mono-gendered’ workplaces (given that three-fifths of workers in Europe are employed at a single-sex workplace);

W.

whereas gender equality measures have been cancelled or delayed and potential future cuts in public budgets will have a negative effect on female employment and on the promotion of equality;

X.

whereas the economic downturn should not be used as an excuse to slow down progress on work/life policies and to cut budgets allocated to care services for dependents and leave arrangements, affecting in particular women’s access to the labour market;

Y.

whereas violence against women is a widespread phenomenon in all countries and all social classes; whereas economic stress often leads to more frequent, more violent and more dangerous abuse, and whereas studies have also shown that violence against women intensifies when men experience displacement and dispossession as a result of economic crisis;

Z.

whereas women benefited most from job creation in the EU between 1998 and 2008 (the respective female employment rates in the EU being 55,6 % and 62,8 %) (20); whereas employment has risen by 12,7 % for women but only 3,18 % for men, the unemployment rate for women remaining slightly higher in 2012 (21) (10,7 % of women being unemployed as opposed to 10,6 % of men);

AA.

whereas in 2011 31,6 % of women worked part-time as opposed to 8,1 % of men;

1.

Recalls that gender equality is one of the core objectives of the European Union and that it must be a key consideration when defining the response to the current economic and financial crisis, including investment in the public sector, the welfare sector, and environmentally sustainable housing, transport, etc, as well as generating state revenue through more efficient taxation policies; deplores the fact that policy responses to the crisis, including recovery packages, have failed to acknowledge, analyse and rectify the gender impact of the crisis; condemns the fact that there has been virtually no mainstreaming of the gender perspective into the post-Lisbon strategy, and hence calls on the Council, the Commission and the Member States to mainstream gender equality, via specific targets in the macroeconomic and employment guidelines;

2.

Invites the Commission to integrate the gender dimension into all policies, in particular those concerning: impact of austerity measures and recovery from the crisis; economic governance; sustainable development and green jobs; vocational education and training; migration, cooperation and development; health and safety; and measures to be planned or implemented to counteract or limit the effects of the crisis;

3.

Calls on the Member States to review and highlight the immediate and long-term impact of the economic crisis on women, with particular reference to whether and how it is worsening existing gender inequalities, and to related consequences such as increased risk of gender-based violence, declining maternal and child health, and poverty among older women;

4.

Recalls that, having seen the employment rate for women climb steadily for over ten years to reach a level of 62,8 % in 2008, the EU has now seen that rate fall slightly since the beginning of the economic crisis, to 62,3 % in 2011; stresses, therefore, the need for lasting responses that take the gender equality dimension into consideration in both EU and Member State policies to safeguard employment and renew growth;

5.

Invites the Commission to consider a further adaptation of the Structural Funds, in order to ensure additional support for areas of women's employment likely to be affected by the crisis, as well as support for childcare, training and access to employment;

6.

Stresses the importance of the flagship initiative ‘Platform against Poverty and Social Exclusion’; invites the Member States to make full use of the Europe for Citizens Programme and the upcoming Programme for Social Change and Innovation, especially with regard to the effective implementation of gender equality objectives; stresses the importance of the Daphne III programme, especially with regard to the protection of women against all forms of violence and the need to achieve high levels of health protection, wellbeing and social cohesion;

7.

Stresses the fact that, despite unemployment rates for men and women being comparable, the crisis affects women differently; points out that working conditions for women have become considerably more insecure, especially with the increasing prevalence of atypical forms of contract, and that women’s incomes have fallen significantly thanks to a number of factors, including the persistent wage gap (nearly 17 %) between men and women and the resultant inequality in their respective levels of unemployment benefit, the rise in compulsory part-time working, and the rise in the number of temporary or fixed-term jobs to the detriment of more stable employment; whereas with the persistent gender pay gap and the resultant inequality in unemployment benefit levels, the crisis has worsened women's situation in the labour market; points out that the experience of previous crises shows that the male employment rate generally recovers more quickly than that for women;

8.

Calls on the Commission to submit, as soon as possible, a proposal for a directive setting out measures for overcoming the gender pay gap for equal or equivalent work;

9.

Recalls that very wide disparities still exist between Member States, with the employment rate for women varying between 48,6 % and 77,2 %, and that the contrast in these situations calls for specific, tailor-made responses as part of an overarching European approach; emphasises, moreover, the need to have reliable common indicators, and thus reliable comparable statistics, so that differing situations can be assessed, needs determined and suitable responses found;

10.

Recalls that even before the economic crisis, women were in the majority in temporary and part-time employment, and that the crisis has reinforced this trend, hence placing many women at a heightened risk of social exclusion; notes that this has been particularly the case in the southern Member States;

11.

Notes with concern that female youth unemployment increased from 18,8 % in 2009 to 20,8 % in 2011, and that the crisis will impact especially harshly on disadvantaged groups of women, including inter alia women with disabilities, immigrant women, women belonging to ethnic minorities, women with few qualifications, women who are long-term unemployed, single mothers, women without livelihoods and women caring for dependents; welcomes the Commission’s package of measures aimed at tackling the present unacceptable levels of youth unemployment and social exclusion and offering young people jobs, education and training;

12.

Believes that the right to work is an essential precondition if women are to enjoy effective equal rights, economic independence and professional fulfilment, and therefore insists that precarious employment should be eradicated by recognising and enhancing the right to jobs with rights;

13.

Calls on the EU and the Member States to reformulate their current responses to the economic crisis in order to ensure that the measures undertaken are long-term in scope and do not undermine the welfare policies and public sector structures that are a precondition for greater gender equality, such as social services and care facilities, healthcare, education, and workers’ rights;

14.

Recalls that it is becoming increasingly difficult for women to make the transition from education to employment, and that this will ultimately lead to divergences in men’s and women’s assessment of their own skills;

15.

Considers that the structural reforms arising from the handling of the current crisis offer an opportunity to correct certain types of gender discrimination which remain too common on the European job market;

16.

Emphasises that women account for a larger proportion of the informal economy than men, partly because there is greater deregulation in the sectors in which women traditionally work, for example domestic service or care work; notes, on the other hand, that the informal economy has grown as a result of the crisis, although it is very difficult to obtain a clear picture of it in the absence of reliable data on incidence and impact;

17.

Stresses that women have played a vital role in resisting the crisis; firmly believes that women offer considerable potential for the improved competitiveness and performance of business, particularly where they are in management posts; considers that involving women in the drawing-up and management of recovery plans to encourage social cohesion is, therefore, a matter of particular urgency;

18.

Insists on the need to ensure that the current economic and financial crisis and the consequent budget restrictions do not jeopardise the progress achieved by policies promoting gender equality and do not serve as a pretext for reducing efforts in this respect; believes it should, rather, encourage Member States to incorporate gender equality policies into their employment policies, considering the latter as part of the solution to the crisis, in terms of harnessing and fully exploiting the skills and abilities of all Europeans; calls on the Member States to ensure that a gender mainstreaming aspect is included in all planned fiscal policies;

19.

Stresses that women’s rights should not be seen, understood or pursued as competing with men’s rights, since the improvement of care services and public services for families is a precondition for both men’s and women’s participation in the labour market; points out that there is a need to promote the sharing of family and household responsibilities; invites the Member States to introduce measures or develop existing measures aimed at overcoming gender discrimination and the unequal assignment of roles, such as encouraging men in their right to care for children and sick or disabled relatives;

20.

Stresses that the falling birth rate in the EU has been exacerbated by the crisis, given that unemployment, precarious situations and uncertainty regarding the future and the economy have led couples, and younger women in particular, to delay having children, thereby further reinforcing the trend to demographic ageing in the Union;

21.

Stresses the importance of reforming macroeconomic, social and labour market policies in order to guarantee economic and social justice for women, develop strategies to promote the fair distribution of wealth, guarantee a minimum income and decent wages and pensions, reduce the gender pay gap, create more high-quality jobs for women coupled with rights, enable women to benefit from public services of a high standard, and improve welfare provision and neighbourhood services, including creches, kindergartens and other forms of pre-school education, day centres, community leisure and family support centres, and intergenerational centres;

22.

Recalls that cuts in public budgets are not gender-neutral but are, rather, the result of the Union's macrostructural economic policies, in particular the implementation of the measures contained in ‘economic governance’ and financial adjustment programmes which are causing and will continue to cause increasing gender inequalities, female unemployment and the feminisation of poverty; believes that a change in policy is therefore required, since women are in the majority in public-sector employment and are the principal beneficiaries of social policies; calls, therefore, for the relevant budget headings to be increased;

23.

Calls on the Member States and the Union institutions to undertake gender impact assessment when planning austerity measures, so as to ensure that their effects are as gender-neutral as possible;

24.

Calls on the Member States to introduce gender budgeting in order to analyse government programmes and policies, their effects on resource allocation and their contribution to equality between women and men;

25.

Stresses that women face a greater risk than men of slower career development as a result of accepting starting positions at lower levels or working part-time, and that women in this situation are, therefore, more vulnerable, have unsatisfactory income levels and suffer more from poverty;

26.

Calls on the Member States and regional and local authorities to ensure the proper provision of affordable, accessible and high-quality care services for children and other dependents, and that these are compatible with the full-time working schedules of men and women;

27.

Stresses the importance of immediate action to implement ‘return-to-work’ policies and business sector insertion schemes for these public-sector employees, the majority of whom are women, whose jobs are under threat from cuts in the public-sector budget;

28.

Calls on the Commission and the Member States to mainstream the global approach to gender equality in all employment policies, to take the measures needed to assist women in their return to work, not only at lower-level posts but also at management level, and to incorporate this approach in the Union’s employment guidelines; insists on the need for proper gender budgeting, especially in the context of the Multiannual Financial Framework for 2014-2020, in order to reach the objectives set in the Gender Equality Pact as well as in the 2020 Strategy;

29.

Regrets the failure to include increasing the labour market participation of women in the Annual Growth Survey 2013 despite the fact that this is one of the EU 2020 headline targets; calls on the Council to add promoting female labour market participation as a priority when adopting this year's economic policy guidance in the framework of the European Semester;

30.

Calls on the Member States to include and systematically address the issue of gender equality in all future national reform programmes;

31.

Calls on the Member States to promote an active labour market policy, a strong social dialogue, job standards and social protection in order to safeguard the rights of women, including migrant women, fight against forced labour and combat undeclared work;

32.

Calls on the Member States to take measures to encourage mothers to enter the labour market, for instance through teleworking, vocational training or reskilling policies, with a view to promoting an ‘assisted’ return to work after maternity leave;

33.

Welcomes the proposal for a directive on a better gender balance among non executive directors of companies listed on stock exchange enabling women to enter higher-skilled and better-paid jobs, and calls on the Member States to support and prepare for its implementation; calls for similar binding legislation to be adopted by other employers, including European, national, regional and local public institutions, administrations and bodies, since these should set the example as regards gender equality in decision-making;

34.

Calls on the Commission and the Member States to develop a strategy for promoting gender balance for small and medium-sized enterprises not covered by the above directive; condemns the fact that women are under-represented on the governing boards of financial institutions and are hence virtually excluded from the decision-making process in the financial field; calls on the Council, the Commission and the Member States to improve women’s participation at all levels of decision-making, especially in the areas of budgeting and of governance arrangements for European financial systems, including in the European Central Bank; stresses, in this context, the need to promote financial literacy for girls and women;

35.

Calls on the Member States to introduce policies for extensive training for employees of those sectors that are more affected by the negative consequences of the crisis or of globalisation in order to prepare them for job changes and new jobs, bearing in mind the specific place of women and the fact that women are more frequently than men forced to interrupt their careers to look after children or older or sick family members, which has an impact on their career paths; calls for training plans to be implemented systematically in businesses in order to prepare employee retraining, propose individual job transfers, and offer training suitable for jobseekers and low-skilled workers; calls also for the creation of a complete register of labour shortages, broken down per sector, in order to allow women to prepare and search for jobs in a targeted manner;

36.

Calls on the Member States to review their social protection systems with a view to individualising pension rights and rights under social security schemes in order to eliminate the ‘breadwinner advantage’, thus guaranteeing equal pension rights;

37.

Underlines that the expenditure cuts in the care sector de facto redistribute work on to the shoulders of women and undermine gender equality; and calls on all Member States to develop plans for the provision of care services that can generate social justice and gender equality;

38.

Calls on the Commission and the Member States to promote vocational training policies and programmes for women of all age groups, paying particular attention to the urgent need for lifelong learning programmes and the need to acquire new skills in new technologies and in the IT sector, in order to improve women’s access to and increase their participation in the various business sectors, including the economic and financial sectors where women employees are few, also envisaging specific support measures so that women are able to combine workload, training and family life; recalls the important role played by the European Social Fund in assisting entry into employment through training policies, and suggests that Member States and local authorities promote recourse to this fund for the benefit, especially, of women who are more affected by the economic crisis;

39.

Underlines the importance of investing in women and gender equality;

40.

Calls on the Member States to promote the active inclusion or reintegration of women in the labour market and to encourage their employment in strategic development sectors, by adopting specific measures relating to flexible working hours, equal pay, and reform of taxation and pension schemes, as well as measures for lifelong learning aimed at ensuring the skills and qualifications that are needed in the light of the EU 2020 targets; stresses the importance of high-level training to encourage women to enter sectors where they are underrepresented, for example scientific research and technological development, especially now that Europe needs more researchers to foster innovation and strengthen its economy; invites the Commission to consider a further adaptation of the Structural Funds so as to ensure additional support for areas of women’s employment likely to be affected by the crisis, as well as support for childcare, training and access to employment;

41.

Recalls that in a great many Member States it has become more difficult since the start of the crisis for young women (aged between 15 and 24) to find their first full-time job, and that many of these young women are now prolonging their studies as a solution to this problem; observes that, despite this trend and the fact that better training gives women better protection on the whole, their status is not enhanced by their qualifications as much as would be the case for a man; calls on the Member States to focus on strategies that combine education and training policies with targeted employment policies for young women;

42.

Calls on the Member States to ensure that secondary school curricula include a basic grounding in finance and entrepreneurship;

43.

Calls on the Commission and the Member States to calculate the impact of the new pension systems on the different categories of women, focusing in particular on part-time and atypical contracts, and to adjust social welfare systems, especially where the younger generations are concerned;

44.

Calls on the Member States to promote women's economic empowerment focusing on female entrepreneurship, by encouraging and supporting women, especially young women and immigrants, who set up companies, by facilitating women’s access to finance, inter alia via microcredits, technical assistance and back-up measures, by promoting new financial and support tools and encouraging the development of female entrepreneurship and sponsorship networks and exchanges of best practice between Member States and economic operators; stresses that investment in women and gender equality is of great importance in order to ensure economic stability and prevent economic shocks;

45.

Calls on the Member States to improve women's participation at all levels of decision-making;

46.

Calls on European Commission and the Member States to improve the promotion of women's entrepreneurship, including financial support for female entrepreneurs;

47.

Calls on the Member States to promote female entrepreneurship in the green economy, which is a source of new jobs; notes that renewable energy can create new job opportunities for female entrepreneurs in remote and outlying areas of the EU where female unemployment is particularly high and there is great potential for exploiting alternative forms of energy such as wind or solar power;

48.

Underlines the importance of active labour market policies, labour inspections and social dialogue, as well as skills upgrading, for the promotion of the greening of the economy;

49.

Calls on the Member States to support job creation in the social economy, which is dominated by unpaid work carried out by women, and, especially, to seek out and implement new solutions that raise the profile of non-clandestine informal work;

50.

Calls on the Member States to support the caregiving and health sector with the aim of creating conditions for achieving the EU 2020 strategy targets for women’s employment;

51.

Calls on the Member States to monitor and address the impact of cutbacks in public care and health services that lead to the reprivatisation of care, in order not to aggravate the care burden on women, since this would drag them back into a traditional family role; underlines that economies made in the areas of maternity, paternity and parental leave, child benefit, and other care- and family-related benefits have significantly reduced the income of all women with care responsibilities;

52.

Recalls that stereotypes persist with regard to perceptions of women’s and men’s places in the labour market, and that women seek to reconcile their work obligations with their family life and are thus more vulnerable to employment changes than men;

53.

Urges the introduction of public transport policies, and, in particular, the development and improvement of public transport services, on a basis that takes account of gender equality, thus enabling women to be more active in the labour market and in searching for work by making them truly mobile;

54.

Is concerned at the situation of women who live in rural areas where access to a range of services has deteriorated; calls on the Member States to ensure that rural areas are provided with functioning public transport and medical and other essential services, in order to reduce migration to the cities and avoid marginalising peripheral areas;

55.

Stresses the importance of effective action making it possible to combine work, private and family life, which will have the positive effect of increasing the participation of women from all sections of society in social and political life;

56.

Emphasises that the EU programme ‘Erasmus for Young Entrepreneurs’ should specifically support women’s participation, so that they can acquire an equal degree of confidence and knowledge of businesses in the single market and the necessary skills for running and developing a business;

57.

Stresses that cutbacks in public services providing childcare have a direct impact on the economic independence of women and on the work-life balance; calls on the Commission and Council to adopt an action plan to achieve the targets set in Barcelona for better childcare provision, via the development of company and inter-company creches; stresses the importance of collective bargaining between management and labour in order to improve the work-life balance at sectoral, national and regional levels and of relaxing the access and attendance conditions for childcare systems associated with categories of jobs performed by women, while also setting a minimum period of three month's notice for childcare placements so as to enable women to reconcile their family and working lives;

58.

Calls for the promotion of adequate maternity, paternity and parental leave arrangements, for support for initiatives by companies to provide flexibility in working hours and in-house childcare services, and the allocation of increased resources to education, lifelong learning programmes and professional qualification and requalification programmes, as well as the introduction of adequate support for family carers, including provision of respite care;

59.

Underlines the need to invest in affordable quality services, such as full-time childcare, all-day school places and care for the elderly — that help promote gender equality, foster a better work-life balance and create a framework favourable to entering or re-entering the labour market;

60.

Maintains that it is essential to set up new childcare facilities while also giving a professional character to informal care systems, by laying down quality standards, improving pay terms, and providing training for operators; also considers it necessary to allow for the specific needs of parents working atypical hours and single parents;

61.

Stresses the need to enhance the responsibility of governments and employers in relation to generational renewal and maternity and paternity rights, which means that women must have the right to be both mothers and workers without forfeiting labour rights;

62.

Underlines the need to reduce the effects of the economic and financial crisis on families (with particular reference to divorce, single mothers and situations where children are left in the care of relatives or authorities), taking into account that women are often expected to take charge of household tasks; stresses that women will as a result be placed at greater risk of poverty;

63.

Stresses the fact that the decisions taken by some Member States to cut their budgets for childcare, education and extracurricular activities, school meals, transport subsidies and assistance for those caring for dependents have direct implications for women, who have to take on the majority of the additional tasks entailed; emphasises that this means women often have to move into part-time employment (with the accompanying social disadvantages in terms of lower income and reduced pensions); believes that the public network of day nurseries, crèches and public recreational activities for children needs to be expanded, along with the public support network for the elderly and a public network of community hospitals;

64.

Calls on the Commission and Member States to address the particular needs of Roma women and girls by applying a gender perspective in all policies for Roma inclusion, and to provide protection for especially vulnerable subgroups;

65.

Stresses that cutbacks in public services providing childcare have a direct impact on the economic independence of women; points out that in 2010 28,3 % of women's inactivity and part-time work was explained by the lack of care services, as against 27,9 % in 2009, and that in 2010 the employment rate of women with small children in the EU was 12,7 % lower than that of women without children, a gap greater than the 11,5 % registered in 2008;

66.

Calls on the Member States to invest in the care sector as a potential growth sector for both women and men, in order to break with the traditional assignment of the role of carer to women, which leads to gender segregation in the labour market; emphasises that cuts in the care sector lead to a shift from public care to unpaid care within households; stresses the need for proper contracts and social protection for home-based personal care workers;

67.

Pending EU-wide harmonisation of maternity, paternity and parental leave, calls on the Member States to maintain the relevant allowances and other family allowances at their existing levels, in order not to reduce women’s income, and also to ensure that women’s maternity leave rights are not infringed;

68.

Calls on the Commission and the Member States to carefully monitor the increasing frequency of discrimination against pregnant women on the labour market which has been reported in several Member States;

69.

Considers that female poverty is being caused not only by the current economic crisis but also by a variety of factors, including stereotypes, the pay and pension gap between men and women, insufficient redistribution mechanisms in the welfare system, an unsatisfactory work-life balance, women's longer life expectancy and, in general, all forms of gender-based discrimination which primarily affect women; stresses that the crisis is exacerbating this situation of continual inequality; highlights the need to combat stereotypes in all walks of life and at all stages of life, since these are one of the most persistent causes of inequality between men and women, impacting on their choices in education and employment and the distribution of domestic and family responsibilities, as well as on the pay gap, participation in public life and representation in decision-making positions;.

70.

Calls on the Commission to undertake a review of Directive 2006/54/EC, especially with reference to the gender pay gap, as called for by Parliament in its resolution of 24 May 2012, which included recommendations to the Commission concerning application of the principle of equal pay for male and female workers for equal work or work of equal value;

71.

Invites the Member States and the Commission to propose solutions that help women continue with their careers, and that combat, in particular, the wage inequalities arising from periods of maternity leave;

72.

Draws the Member States’ attention to the need for income-enhancing measures, including the development of minimum income schemes and social assistance programmes for persons having difficulty in meeting their basic needs, in particular those with children or care responsibilities and especially single parents;

73.

Observes that the economic crisis contributes to harassment, abuse and violence of all kinds directed against women, and in particular to an increase of prostitution; stresses that women remain victims of the most widespread breaches of human rights worldwide, in every culture and at all social and economic levels; also stresses the need to increase the public, financial and human resources available for intervention on behalf of groups at risk of poverty, and in situations where children and young people, the elderly, people with disabilities or the homeless are at risk;

74.

Calls on the Member States to review and highlight the immediate and long-term impact of the economic crisis on women, paying particular attention to whether and how it worsens existing gender inequalities, as well as to consequences such as increased risk of gender-based violence, declining maternal and child health, and female poverty in old age;

75.

Stresses that in the current situation of economic crisis and budgetary austerity women have fewer resources to protect themselves and their children from violence, and that thus it is even more important to avert the direct financial impact that violence against women and children has on the judiciary and on health and social services;

76.

Underlines that the institutional framework for gender equality policies, including equality bodies and women's organisations, is being adversely affected by cuts in funding; calls on the Member States to maintain their level of government funding for gender equality bodies and projects, women's shelters and women's organisations, since these provide effective means for finding sustainable solutions to the crisis and ensuring active participation in preparing future recovery measures; notes that cuts in funding for women's organisations undermine women's civic and political participation and make women's voices even less heard in society;

77.

Calls on the European Institute for Gender Equality to undertake the ongoing and systematic monitoring and appraisal of the consequences of the economic crisis for women's working conditions, with reference to discrimination in recruitment, increased workload, pressure and stress at work, and bullying and psychological harassment; stresses that the existing data do not reflect the full harshness of the impact of the crisis harsh on women; also calls on the Commission, therefore, to carry out a gender impact assessment of its economic policy measures and responses to the current crisis;

78.

Calls on the Member States to strongly support gender budgeting, in order to increase gender equality by correcting negative impacts of revenue and expenditure and improving governance and accountability, in particular with respect to national budgets;

79.

Invites the Member States to adopt budgetary instruments that reflect the need for gender equality;

80.

Calls on all Member States to ratify the ILO Convention on Domestic Workers (Convention 189);

81.

Underlines the importance of ensuring a proper balance between security and flexibility in the labour market, through the comprehensive implementation of flexicurity principles, and of addressing labour market segmentation by providing adequate social protection for those in periods of transition or on temporary or part-time employment contracts, as well as access to training, career development and full-time work opportunities;

82.

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

29.1.2016   

EN

Official Journal of the European Union

C 36/18

—

having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995 and to Parliament’s resolutions of 18 May 2000 on the follow-up to the Beijing Action Platform (1), of 10 March 2005 on ‘the follow-up to the Fourth World Conference on Women — Platform for Action (Beijing+10) (2) and of 25 February 2010 on the follow-up to the Beijing Action Platform (Beijing + 15) (3),

—

having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),

—

having regard to Article 2 of the Treaty on European Union, which emphasises values common to the Member States such as pluralism, non-discrimination, tolerance, justice, solidarity, and equality between men and women,

—

having regard to Article 19 of the Treaty on the Functioning of the European Union (TFEU), which refers to combating discrimination based on sex,

—

having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (4), and Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (5),

—

having regard to Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (6),

—

having regard to the Council Conclusions of 2 December 1998 establishing that the annual assessment of the implementation of the Beijing Platform for Action will include quantitative and qualitative indicators and benchmarks,

—

having regard to the common declaration by EU ministers for gender equality made on 4 February 2005 in the context of the 10-year review of the Beijing Platform for Action, in which, inter alia, they reaffirm their strong support for, and commitment to, full and effective implementation of the Beijing Declaration and Platform for Action,

—

having regard to the Council Conclusions of 2 and 3 June 2005 in which Member States and the Commission are invited to strengthen institutional mechanisms for promoting gender equality and to create a framework for assessing the implementation of the Beijing Platform for Action, in order to develop more consistent and systematic monitoring of progress,

—

having regard to the European Pact for Gender Equality (2011-2020), adopted by the European Council in March 2011 (7),

—

having regard to the Commission’s ‘Strategy for equality between women and men: 2010-2015’, presented on 21 September 2010, and the accompanying staff working document on actions to implement the strategy (COM(2010)0491, SEC(2010)1080),

—

having regard to its resolution of 3 September 2008 on how marketing and advertising affect equality between women and men (8),

—

having regard to its resolution of 13 March 2012 on equality between women and men in the European Union (9),

—

having regard to Rule 48 of its Rules of Procedure,

—

having regard to the report of the Committee on Women’s Rights and Gender Equality (A7-0401/2012),

A.

whereas Article 8 TFEU states that in all its activities the Union shall aim to eliminate inequalities, and to promote equality, between men and women;

B.

whereas, despite some progress having been made in many Member States, many women continue to carry a disproportionate share of the burden when it comes to raising children and taking care of other dependants; whereas the persistence of stereotypes acts as a barrier to the sharing of family and domestic responsibilities between women and men and hinders the achievement of equality in the labour market;

C.

whereas stereotypes still exist at all levels of society and in all age groups, affecting how we perceive each other through oversimplified assumptions based on socially constructed norms, practices and beliefs that are often cultural, and religion-based and -fostered, and which reflect and perpetuate underlying power relations;

D.

whereas all direct and indirect forms of gender discrimination should be eliminated in order to guarantee women the right to equal treatment and change the cultural perception that women are in many ways passive or lesser beings than men;

E.

whereas traditional gender roles and stereotypes continue to have a strong influence on the division of roles between women and men in the home, in the workplace and in society at large, with women depicted as running the house and caring for children while men are depicted as wage-earners and protectors; whereas gender stereotypes tend to perpetuate the status quo of inherited obstacles to achieving gender equality, and to limit women’s range of employment choices and personal development, impeding them from realising their full potential as individuals and economic players, and therefore constitute strong obstacles to the achievement of equality between women and men;

F.

whereas gender roles are shaped and imposed through a variety of social influences, notably the media and education, and are formed during the socialisation phases of childhood and adolescence, therefore influencing people throughout their lives;

G.

whereas women in rural areas suffer from even greater discrimination and gender stereotypes than women in urban areas and the employment rate of women in rural areas is much lower than that of women in cities;

H.

whereas gender stereotypes are often combined with other stereotypes, such as stereotypes discriminating on the basis of age, migration status, sexual orientation, disability, etc., and therefore affect women with multiple identities to a greater extent;

I.

whereas violence against women is an infringement of human rights that affects all social, cultural and economic strata;

J.

whereas gender discrimination in the media, communication and advertising is still frequent and facilitates the reproduction of gender stereotypes, especially by portraying women as sex objects in order to promote sales; whereas, for example, in advertising women account for 27 % of the employees or professionals shown, but 60 % of those portrayed doing housework or looking after children; whereas advertising and the media can, nevertheless, also be a powerful catalyst in combating stereotypes and gender-based prejudices;

K.

whereas children are confronted with gender stereotypes at a very young age through role models promoted by television series and programmes, discussions, games, video games and advertisements, study materials and educational programmes, attitudes in schools, the family and society, which influence their perception of how men and women should behave and which have implications for the rest of their lives and their future aspirations;

L.

whereas the way in which girls are portrayed in the public space reduces the esteem in which society holds them and promotes violence against girls; whereas, while the media can play a positive educational role, girl child stereotypes are widespread in the media and often tend to reinforce traditional attitudes and behaviour, including in advertisements and children’s programmes;

M.

whereas in television programmes, computer games and musical video clips there is an increasingly noticeable tendency, partly for commercial purposes, to show provocatively dressed women, in sexual poses, thereby further contributing to gender stereotyping; whereas the lyrics of songs for young people contain sexually suggestive content, which often promotes violence against women and girls;

N.

whereas young women and men are most affected by pornography’s new cultural status; whereas the ‘mainstreaming of pornography’, i.e. the current cultural process whereby pornography is slipping into our everyday lives as an evermore universally accepted, often idealised, cultural element, manifests itself particularly clearly within youth culture: from teenage television and lifestyle magazines to music videos and commercials targeted at the young;

O.

whereas access to formal primary, secondary and third-level education and the content of the curriculum as taught to girls and boys is a major influencing factor on gender differences and, correspondingly, on choices and access to rights; whereas, while both girls’ and boys’ access to education may generally appear to be less problematic in the EU than in other parts of the world, it should nevertheless be pointed out that girls and boys are not equal in accessing and fully availing themselves of education systems and opportunities; whereas, in particular, access for girls from minority groups, such as girls from the Roma community, migrant girls, asylum seekers, refugees and girls with disabilities, remains highly problematic in some countries;

P.

whereas the notion of equality can be instilled in children at a very young age and an upbringing where equality is acknowledged can teach them to combat gender stereotypes;

Q.

whereas the stereotypes which still exist with regard to the educational and professional options available to women help to preserve inequalities; whereas education and training continue to transmit gender stereotypes, as women and men often follow traditional education and training paths, and this has serious repercussions on the labour market, limiting career diversification and often placing women in occupations that are less valued and remunerated;

R.

whereas in the education process boys and girls are still not encouraged to take an equal interest in all subjects, in particular as regards scientific and technical subjects;

S.

whereas, although many European countries do include a gender dimension in their career guidance, this is normally aimed at girls to encourage them to choose careers in technology or science, and there are no initiatives to encourage boys to consider careers in education, health or the humanities;

T.

whereas the impact of gender stereotypes on education and training has strong implications for the labour market, where women still face both horizontal and vertical segregation, and whereas this contributes to certain sectors still being considered ‘male’ (with more than 85 % men) and their pay levels consequently being higher than those of sectors considered ‘female’ (with more than 70 % women); whereas, moreover, there are generally more women employed in lower socio-economic status jobs and this also undermines their confidence and self-esteem;

U.

whereas gender stereotypes on the labour market still limit women’s access to certain sectors, such as engineering, fire-fighting, manufacturing, construction, carpentry, mechanics, the technical and scientific sectors and new technologies, but also limit men’s access to childcare sectors (midwives, nursery nurses, etc.);

V.

whereas a better knowledge of the jobs on the labour market would help improve access to all professional training courses;

W.

whereas gender stereotyping is counterproductive and contributes on the labour market to gender divisions within occupations, and thus to widening the gender pay gap;

X.

whereas in 2010 women still earned an average of approximately 16,4 % less than men for the same jobs in the EU, and whereas the pay gap varies within Member States, exceeding an average of 22 % in some of them in 2011; whereas, although there are many complex reasons for this salary gap, it is often the result of gender stereotypes and women being seen solely in terms of the traditional role distribution;

Y.

whereas, with reference to the reconciling of work and private life, women are in general disproportionately represented in ‘flexible jobs’ and part-time jobs, which suggests that the traditional belief that women carry the main responsibility for taking care of the family still persists today, forcing them to take part-time jobs with flexible hours or on a short-term basis, and limiting their opportunities on the labour market and for promotion;

Z.

whereas breaks in women’s careers, for maternity or parental leave, widen the pay and pensions gap between men and women;

AA.

whereas a 2011 Commission study shows that, in 2012, in the European Union, women represented 14 % of the board members of the largest listed companies, suggesting the existence of a so-called ‘glass ceiling’ that makes it difficult for women to secure top management jobs and equal opportunities for promotion;

AB.

whereas, although there has been some improvement in the past few years, women continue to be under-represented in political decision-making, at local, national and EU level; whereas the representation of women in national governments and parliaments increased from 21 % in 2004 to 23 % in 2009, while the representation of women in the European Parliament increased from 30 % in 2004 to 35 % in 2009;

AC.

whereas gender stereotypes and sexism are still prevalent in both political and economic decision-making bodies, with regular instances of sexist remarks and harassment, including some forms of sexual harassment and violence against women;

AD.

whereas gender stereotypes must be eliminated, especially at company level, where most leadership positions are held by men, as they contribute to limiting young women’s aspirations and make women less inclined to apply for top management positions in financial, economic and political decision-making, in both the public and private spheres;

1.

Notes that there is a severe lack of progress on honouring the commitments made both by the EU and by various governments as part of the Beijing Platform for Action, and stresses the need for new indicators in the area of gender stereotypes and for analytical reports at EU level, and invites the European Institute for Gender Equality to address this issue;

2.

Notes that, despite the EU’s commitment to equality between men and women, there is still a gap in legislation providing for non-discrimination against women and gender equality in the areas of social security, education and the media, employment and wages; emphasises the need to step up implementation of existing legislation in these areas and bring in new legislation; calls on the Commission to mainstream the issue of gender equality in all policy fields, as this will enhance the growth potential of the European labour force;

3.

Calls on the Commission and the Member States to make efficient use of funding from the European Social Fund (ESF) for long-term strategies in order to make those labour-market sectors where women are under-represented because of gender stereotypes more familiar and attractive to them; considers that the strategies should include positive action, life-long learning and active encouragement for girls to undertake studies in areas which are not traditionally seen as ‘feminine’, such as information technology or mechanics, and to support work-life balance measures for both men and women;

4.

Asks the Commission to support measures by Member States to eliminate stereotypes and promote stereotype-free access for all to education and employment;

5.

Calls on the Commission and the Member States to give strong and lasting support to the current DAPHNE programme and the forthcoming Rights and Citizenship programme, as a means of combating violence against women, as well as gender stereotypes;

6.

Calls on the Commission and the Member States to develop strategies that attack the root causes of discrimination and violence against women, which are entrenched in stereotypes and inequalities between women and men, beginning with the deconstruction of gender stereotypes;

7.

Draws attention to the fact that the inclusion of gender stereotypes in advertising during children’s television programmes, as well as in these programmes, is a particular problem, in view of its potential impact on gender socialisation and, subsequently, children’s views of themselves, their family members and the outside world; stresses the importance of reducing children’s exposure to gender stereotypes, possibly by providing critical media education in schools;

8.

Stresses the importance of also including boys in the gender mainstreaming process and therefore urges the teaching of specifically-designed exercises to raise their awareness of stereotypes;

9.

Stresses that advertising often conveys discriminatory and/or undignified messages based on all forms of gender stereotyping, which hinder gender equality strategies; calls on the Commission, the Member States, civil society and advertising self-regulatory bodies to cooperate closely in order to combat such practices, notably by using effective tools which guarantee respect for human dignity and probity in marketing and advertising;

10.

Points out also that advertising can be an effective tool in challenging and confronting stereotypes and a lever against racism, sexism and discrimination, essential in today’s multicultural societies; calls on the Commission, the Member States and advertising professionals to strengthen training and education activities as a way to overcome stereotypes, combat discrimination and promote gender equality, especially from a young age; urges the Member States, in particular, to introduce and develop close cooperation with existing schools of marketing, communication and advertising, so as to help provide sound training for the sector’s future workforce;

11.

Stresses the need to run special courses on gender stereotypes in the media for national advertising standards committees and self-regulatory and regulatory bodies so as to raise awareness of the negative influence of gender-discriminatory images on television, the internet and in marketing and advertising campaigns;

12.

Calls on the EU to develop awareness campaigns on zero-tolerance across the EU for sexist insults or degrading images of women and girls in the media;

13.

Calls on the EU and its Member States to conduct training and awareness training actions with media professionals on the harmful effects of gender stereotypes and good practices in this area;

14.

Stresses the importance of promoting the representation of the female image in a way that respects women’s dignity, and of combating persistent gender stereotypes, in particular the prevalence of degrading images, whilst fully respecting freedom of expression and freedom of the press;

15.

Calls on the EU and its Member States to take concrete action on its resolution of 16 September 1997 on discrimination against women in advertising (10);

16.

Calls on the Commission to assist Member States in combating the sexualisation of girls not only by compiling the necessary data, promoting good practices and organising information campaigns, but also by providing financial support for measures taken in the Member States, in particular for women’s organisations fighting against sexualisation and violence against women and girls;

17.

Calls on the Member States to implement positive action measures to ensure that more women have access to management positions in the media, including top management positions;

18.

Calls on the Member States to conduct research and compile comparable data concerning women and the media, including the portrayal of women from specific groups, such as women with disabilities or women belonging to ethnic minorities;

19.

Stresses the need for special career guidance courses in primary and secondary schools and higher education institutions, in order to inform young people about the negative consequences of gender stereotypes and encourage them to study for and embark on careers that have in the past been considered as typically ‘masculine’ or ‘feminine’; asks that support be provided for any action aimed at reducing the prevalence of gender stereotypes among young children;

20.

Stresses the importance of promoting equality between men and women from a very young age in order effectively to combat gender-based stereotypes, discrimination and violence, including through the teaching of the Universal Declaration of Human Rights and the European Charter on Human Rights in schools;

21.

Emphasises the need for education programmes/curricula focusing on equality between men and women, respect for others, respect amongst young people, respectful sexuality and rejection of all forms of violence, as well as the importance of training teachers in this subject;

22.

Emphasises the need for a gender mainstreaming process in schools and therefore encourages schools to design and implement awareness training exercises and practical exercises designed to promote gender equality in the academic curriculum;

23.

Stresses the need to prepare and introduce training courses for teachers, supervisors, head teachers and all other people involved in children’s education so that they are equipped with all the teaching tools necessary to combat gender-based stereotypes and promote equality between men and women;

24.

Points out that, although a majority of countries in the EU have gender-equality policies for higher education, almost all the policies and projects are focused on young women; calls, therefore, on the Member States to draw up general national strategies and initiatives combating gender stereotyping in higher education and targeting young men;

25.

Calls for appropriate preparation of teachers and trainers in both formal and informal education through essential training in the area of equality between women/girls and men/boys and detection of and reaction to various types of abuse connected therewith and sexual violence;

26.

Stresses that policies need to be drawn up which focus on deconstructing gender stereotypes from a very young age and on awareness training for teachers and students, and encourage and support career diversification for both young women and men;

27.

Calls on the EU and the Member States to pursue active policies to ensure that girls from minority groups and girls from migrant communities have access to education and educational systems;

28.

Calls on the Member States to assess the syllabus and content of school textbooks, with a view to a reform leading to the integration of gender issues into all education material as a cross-cutting theme, in terms of both eliminating gender stereotypes and making women‘s contribution and role in history, literature, the arts, etc. more visible, including at the earliest school levels;

29.

Calls on the EU to promote a European dimension in education, e.g. by ensuring the sharing of good practices on gender equality as an education tool and by developing and gathering gender-sensitive statistics on all aspects of education at national and EU level;

30.

Calls on the EU to include quantitative and qualitative gender equality indicators in all evaluation programmes aimed at evaluating the quality of education in European schools;

31.

Draws attention to the growing concern about the negative influence of gender stereotypes on the gender pay gap of 16,4 % and calls on the Commission and the Member States to consider this concern when developing new policies;

32.

Stresses that the data available suggests that women are less well rewarded financially for their qualifications and experience than men, partly because female employment has traditionally been considered as supplementary to the family income, a fact that has played a significant part in creating and maintaining the different salaries paid to men and women;

33.

Stresses the need for awareness-raising activities in order to inform employers and employees of the link between gender stereotypes and the gender pay and job gap, to inform other stakeholders in society of the fact that gender stereotypes reduce women’s opportunities both on the labour market and in their private lives, to encourage transparency in public and private companies and agencies, and to guarantee equal pay for equal work and work of equal value;

34.

Calls on the Member States to review wage structures in female-dominated professions and occupations as a means of breaking down gender stereotypes anchored in the pay gap problem; calls on the Member States, employers and trade union movements to draft and implement serviceable, specific job evaluation tools to help determine work of equal value and thus to ensure equal pay between men and women;

35.

Urges the Member States to establish policies to increase the number of inexpensive and high-quality childcare facilities available to working parents throughout Europe, and to help establish structures to enable parents working for companies to balance their family and professional lives, in particular by supporting the establishment and continuation of company childcare services; urges the Member States also to improve the provision of care facilities for other categories of dependants (old, disabled, people in need), thus encouraging women‘s active participation in labour, by reconciling work and family life;

36.

Calls on the Commission and the Member States to provide flexible working opportunities and suitable forms of parental leave for both men and women;

37.

Emphasises that gender stereotypes have a tendency to be self-fulfilling and that, if women are never given the chance to prove themselves, they will never manage to break the barriers blocking their way;

38.

Calls on the Commission and the Member States to encourage female entrepreneurship and self-employment schemes, providing appropriate training, funding and support;

39.

Reminds the Commission that elderly women are particularly affected by the gender pay gap as it also affects pensions, which increases the risk of extreme and persistent poverty once women have reached retirement age;

40.

Notes that the likelihood of elderly women ending up in poverty when they reach retirement age will increase as a result of the new EU pension rules; stresses, therefore, the importance of not supporting any amendments in the White Paper that increase the pension gap between men and women;

41.

Calls on the Commission to assess the implementation of the EU Directive on sexual harassment at work and produce a report on shortcomings and challenges, in order to strengthen Member States’ legislation and measures;

42.

Draws attention to the fact that the representation of women in national governments stood at 23 % in 2009 and supports the introduction of binding quotas in order to increase the number of women in national governments and parliaments and at regional and municipal levels, as well as in the EU institutions; also urges the introduction of awareness and incentive campaigns, encouraging women to be more politically active and to run for local or national government;

43.

Recalls that the 2014 European elections, followed by the appointment of the next Commission and nominations for the EU ‘top jobs’, are a chance to move towards parity democracy at EU level and for the EU to be a role model in this field;

44.

Calls on the Member States to support parity by proposing a woman and a man as their candidates for the office of European Commissioner; calls on the nominated President of the Commission to aim at parity when forming the Commission; calls on the present Commission to publicly support this procedure;

45.

Recalls that, in 2010, only 12 % of the members of management boards in Europe were women; supports the Commission’s desire to establish binding quotas for women in posts of responsibility in the largest listed companies;

46.

Calls on the Member States to reassess their approach to men and women in the labour market and to mechanisms that enable workers to establish a balance between work and family life, as stereotypes can increase occupational segregation and the gender pay gap;

47.

Calls on the Member States to make combating violence against women a priority in penal policy; encourages Member States to develop, to this end, cooperation between their judicial authorities and national police services, and the exchange of good practice;

48.

Stresses the need to combat all forms of violence against women; calls on the Commission and the Member States to embark on concerted action, including public awareness and information campaigns, on gender violence, as well as strategies aimed at changing the social stereotyping of women through education and the media, and to encourage the exchange of good practice; reiterates the need to work with both victims and aggressors, with a view to enhancing awareness among the latter and helping to change stereotypes and socially determined beliefs which help perpetuate the conditions that generate this type of violence and acceptance of it;

49.

Encourages the Commission and the Member States to promote gender equality and the empowerment of women, including by means of information campaigns celebrating women’s role and involvement in politics, economics, society, sport, health, art, the sciences and at all other levels of society;

50.

Considers that legislative and non-legislative measures are needed at both national and EU level to overcome stereotypes and close the wage gap, to enhance female participation in male-dominated sectors and to increase the recognition of women’s skills and economic performance in the workplace, so as to overcome horizontal and vertical exclusion and increase the number of women in decision-making bodies in the political and business worlds;

51.

Calls on the Commission and the Member States to take decisive policy action to fight gender stereotypes and encourage men to share equally in domestic and childcare responsibilities with women, in particular through incentives for men to take parental and paternity leave, which will strengthen their rights as fathers, ensure a greater degree of equality between women and men and more appropriate sharing of family and housekeeping responsibilities, and enhance women’s opportunities to participate fully in the labour market; calls also on the Member States to persuade employers to adopt family-friendly measures;

52.

Calls on the Commission and the national governments of the Member States to encourage more research on gender stereotyping and to collect further statistical data on gender stereotypes by developing appropriate indicators for gender stereotyping;

53.

Reminds the Commission that gender equality is enshrined in Article 23 of the Charter of Fundamental Rights of the European Union;

54.

Calls on the Commission and the Member States to support men’s and women’s employment potential in various professions, with a view to ensuring that the requirements of the labour market are met and that both genders enjoy equal opportunities;

55.

Calls on the Commission to combat all forms of violence, discrimination and stereotyping against women so that they can fully enjoy all their human rights;

56.

Calls on the Commission to urge the Member States to honour the commitments made in the European Pact for Gender Equality;

57.

Encourages the European Institute for Gender Equality and different national gender equality institutes to promote further research on the root causes of gender stereotypes and the impact of stereotypes on gender equality, and stresses the importance of exchanging new ideas and research on best practices with a view to eliminating gender stereotypes in the Member States and the EU institutions;

58.

Reminds the Commission of Parliament’s resolution of 3 September 2008 on how marketing and advertising affect equality between women and men, and calls on it to implement the recommendations put forward in that resolution;

59.

Calls on the EU and its Member States to carry out awareness-raising, education and training campaigns to combat discriminatory cultural norms and tackle the prevalent sexist stereotypes and social stigmatisation, which legitimise and perpetuate violence against women, and to ensure that there is no justification of violence on the grounds of customs, traditions or religious considerations;

60.

Calls on the EU and its Member States to promote the sharing of good models, facilitate peer-learning among Member States and establish funding opportunities for EU-level and national campaigns to eliminate gender stereotypes;

61.

Calls on the EU to fill the existing gap in scope between European legislation on racial and on sex-based discrimination and propose new legislation to ensure equality between women and men in education and the media;

62.

Calls on the EU and its Member States to develop safeguards (in the form of ombudspersons or media-watch authorities incorporating gender equality experts) in order to ensure that industrial codes of conduct include a gender equality perspective and are adhered to, and that the public can lodge complaints if necessary;

63.

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

29.1.2016   

EN

Official Journal of the European Union

C 36/27

—

having regard to Articles 2 and 3(5), second subparagraph, of the Treaty on European Union (TEU) and Article 8 of the Treaty on the Functioning of the European Union (TFEU),

—

having regard to Article 23 of the Charter of Fundamental Rights of the European Union,

—

having regard to the Africa-EU Strategic Partnership — A Joint Africa-EU Strategy,

—

having regard to the Commission communication of 21 September 2010 entitled ‘Strategy for equality between women and men 2010-2015’ (COM(2010)0491),

—

having regard to the joint communications from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy entitled ‘A partnership for democracy and shared prosperity with the southern Mediterranean’ (COM(2011)0200), ‘A new response to a changing Neighbourhood’ (COM(2011)0303) and ‘Delivering on a new European Neighbourhood Policy’ (JOIN(2012)0014),

—

having regard to the Commission’s thematic and geographic financial instruments concerning democratisation and human rights (such as the European Instrument for Democracy and Human Rights (EIDHR) and the European Neighbourhood and Partnership Initiative (ENPI)),

—

having regard the EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016 (COM(2012)0286),

—

having regard to the resolution of the Parliamentary Assembly of the Council of Europe on ‘Equality between women and men: a condition for the success of the Arab Spring’ (1),

—

having regard to the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 18 December 1979, the United Nations Convention on the Rights of the Child of 20 November 1989 and the Optional Protocol to the latter on the Sale of Children, Child Prostitution and Child Pornography of 25 May 2000,

—

having regard to UN General Assembly resolution 67/167 of 20 December 2012 on female genital mutilation,

—

having regard to the Fourth World Conference on Women, held in Beijing in September 1995, the Declaration and Platform for Action adopted in Beijing and the subsequent outcome documents of the United Nations Beijing + 5, + 10 and + 15 Special Sessions on further actions and initiatives to implement the Beijing Declaration and Platform for Action, adopted on 9 June 2000, 11 March 2005 and 2 March 2010 respectively,

—

having regard to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa,

—

having regard to the activities of the Parliamentary Assembly of the Union for the Mediterranean,

—

having regard to the Istanbul-Marrakesh Process and the Ministerial Conclusions of the first and second Euro-Mediterranean Ministerial Conferences on ‘Strengthening the Role of Women in Society’, held on 14—15 November 2006 in Istanbul and on 11—12 November 2009 in Marrakesh,

—

having regard to the conclusions of the Middle East and North Africa (MENA) regional dialogues between civil society, State actors and political leaders, held in June and November 2012 in Beirut and Amman, in the framework of the EU-funded regional project ‘Promoting a common agenda for equality between women and men through Istanbul Process’,

—

having regard to ‘Spring Forward for Women’, the joint regional programme for the South Mediterranean Region, run by the Commission and UN Women,

—

having regard to ‘A report card on adolescents’, the 10th edition of UNICEF’s Progress for Children report,

—

having regard to the UNDP Arab Human Development Report 2005 entitled ‘Towards the rise of women in the Arab world’ and the 2009 Report entitled ‘Challenges for Human Security in the Arab Region’, especially its chapter on ‘The personal insecurity of vulnerable groups’,

—

having regard to its resolution of 17 February 2011 on the situation in Egypt (2),

—

having regard to its resolution of 10 March 2011 on the Southern Neighbourhood, and Libya in particular (3),

—

having regard to its resolution of 7 April 2011 on the review of the European Neighbourhood Policy — Southern Dimension (4),

—

having regard to its resolution of 7 April 2011 on the use of sexual violence in conflicts in North Africa and the Middle East (5),

—

having regard to its resolution of 13 March 2012 on equality between women and men in the European Union — 2011 (6),

—

having regard to its recommendation of 29 March 2012 to the Council on the modalities for the possible establishment of a European Endowment for Democracy (7),

—

having regard to Rule 48 of its Rules of Procedure,

—

having regard to the report of the Committee on Women’s Rights and Gender Equality and the opinion of the Committee on Development (A7-0047/2013),

A.

whereas many women, in particular young women, were very much involved in the ‘Arab Spring’ in North Africa, participating, from the outset, in demonstrations, public and political debate and elections, taking an active part in civil society, in the social media and on blogs, among other things, and therefore were, and still are, key players in democratic change in their countries and in strengthening development and cohesion;

B.

whereas these countries are going through a process of political and democratic transition and of changing or adapting their constitutions, in which women, whether parliamentarians, elected officials or civil society representatives, are actively and consistently involved; whereas the result of this process will shape the countries’ democratic functioning and fundamental rights and freedoms, and will have an impact on the status of women;

C.

whereas the role played by women in revolutions is no different from that which they are required to play at times of democratic transition and state rebuilding; whereas the success of these processes is entirely contingent on the full involvement of women at all levels of decision-making;

D.

whereas women in these countries have, albeit unevenly, become more present in higher education, civil society organisations, enterprises and institutions in the past decades, even if, under dictatorial and paternalist regimes, the effective implementation of rights was limited and women's participation was subject to various restrictive conditions;

E.

whereas women’s rights represent one of the most debated issues in the present political process and are women’s main concern, as they face the risk of a backlash and intimidation, that may reduce the chances of achieving the goal of a shared democracy and equal citizenship status;

F.

whereas several common gender issues, such as girls’ and women’s rights as an integral part of universal human rights, equal rights and compliance with international conventions are at the heart of the constitutional debates;

G.

whereas women’s representation in politics and in decision-taking positions in all sectors varies from one country to another, but is disappointing as regards the percentages involved when compared with the great involvement of women in the various uprising movements and in the elections that followed and the increased proportion of highly educated women;

H.

whereas the renewed EU Neighbourhood Policy should place greater emphasis on gender equality, empowerment of women and support for civil society;

I.

whereas at present the EU’s specific support for gender issues in the region stands at EUR 92 million, of which EUR 77 million at bilateral level and EUR 15 million at regional level;

J.

whereas, among the EU bilateral programmes the most significant is to be implemented in Morocco, with a budget of EUR 45 million for ‘Promotion of equality between men and women’, and whereas in Egypt a project of EUR 4 million is to be implemented by UN Women, while in Tunisia and Libya UN Women is implementing bilateral programmes for women in preparation for elections;

K.

whereas the socio-economic situation, especially the high level of youth and female unemployment, and poverty, often leading to the marginalisation of women and making them increasingly vulnerable, was one of the leading causes of the upheavals in the region, together with the aspiration for rights, dignity and justice;

L.

whereas many acts of sexual violence were committed on girls and women during and after the uprisings across the region, including rape and virginity tests used as a means of political pressure against women, inter alia by security forces, and sexual harassment in public; whereas gender-based intimidation is increasingly being used by extremist movements;

M.

whereas the situation of migrant women and children is even more critical due to the insecurity in some parts of the region and the economic crisis;

N.

whereas the risk of trafficking in human beings is increasing in countries in transition and in areas where civilians are affected by conflicts or where many refugees or internally displaced persons are to be found;

O.

whereas one fundamental issue in the constitutional debates is whether Islam should be defined in the constitution as the religion of the people or of the state;

P.

whereas the December 2012 Egyptian constitutional referendum failed to secure the necessary degree of popular participation or a consensus across the board, with the result that questions have remained unanswered and there is still some latitude of interpretation regarding major constitutional issues, including women’s rights;

Q.

whereas the parliamentary dimension of the Union for the Mediterranean (UfM) and the Istanbul-Marrakesh Process are among the best tools for lawmakers to exchange on all these issues and the Parliamentary Assembly of the Union for the Mediterranean includes a Committee on Women’s Rights, which must be properly used;

1.

Calls on the authorities of the countries concerned irreversibly to enshrine in their constitutions the principle of equality between men and women in order to state explicitly the prohibition of all forms of discrimination and violence against women and girls, the possibility of affirmative actions and the entrenchment of women’s political, economic and social rights; calls on lawmakers in those countries to reform all existing laws and to incorporate the principle of equality into all projects or legislative proposals that could lead to discrimination against women, for example in the area of marriage, divorce, child custody, parental rights, nationality, inheritance and legal capacity, in line with international and regional instruments, and to entrench the existence of domestic mechanisms for the protection of women’s rights;

2.

Calls on the national authorities to guarantee equality between women and men in penal codes and social security systems;

3.

Highlights the fact that equal participation by women and men in all spheres of life is a crucial element of democracy and that women’s participation in governance constitutes a precondition for socio-economic progress, social cohesion and equitable democratic governance; strongly urges all countries, therefore, to make gender equality a priority in their democracy promotion agendas;

4.

Stresses that the ongoing transitions in North Africa will only lead to democratic political systems and societies once gender equality, including the freedom to choose one’s way of life, is achieved;

5.

Calls on the national authorities in North Africa to fully implement CEDAW, the protocols thereto and all international human rights conventions and hence to withdraw all reservations to CEDAW; also asks them to cooperate with UN mechanisms protecting girls’ and women’s rights;

6.

Recalls the open debate among Islamic women scholars with a view to interpreting religious texts in a women’s rights and equality perspective;

7.

Recalls the importance of guaranteeing freedom of expression and of religion and pluralism, including through the promotion of mutual respect and of interfaith dialogue, in particular among women;

8.

Encourages states to engage in an inclusive, wide-ranging and voluntary debate with all stakeholders, including civil society, social partners, local women’s organisations, local authorities and religious leaders, and to ensure that women’s rights and the principle of equality between men and women are protected and upheld;

9.

Recalls that no monotheistic religion advocates or can be used to justify violence;

10.

Calls on the North African countries to adopt laws and concrete measures prohibiting and laying down penalties for all forms of violence against women, including domestic and sexual violence, sexual harassment and harmful traditional practices, such as female genital mutilation and forced marriages, especially in the case of underage girls; stresses the importance of the protection of victims and of the provision of specific services; welcomes the recent campaign against domestic violence launched by the Tunisian Minister for Women and Family Affairs, and the ongoing commitment to this cause on the part of Morocco, which in 2012 organised its tenth national campaign to tackle violence against women;

11.

Recalls the double discrimination faced by lesbian women and calls on national authorities in North Africa to decriminalise homosexuality and to ensure that women are not discriminated against on the basis of their sexual orientation;

12.

Stresses the importance of fighting impunity with respect to all violence against women, in particular sexual violence, by ensuring that such crimes are effectively investigated, prosecuted and severely punished, that minors are adequately protected by the judicial system and that all women have full access to justice, without religious and/or ethnic discrimination;

13.

Calls on national governments to provide sufficient training to ensure that justice operators and security forces are properly equipped to deal with sexual violence crimes and their victims; also underlines the importance of a gender-sensitive transitional justice system;

14.

Condemns the use of all forms of violence, particularly sexual violence, before, during and after the uprisings and its continuous use as a form of political pressure, and as a means of oppressing, intimidating and degrading women; calls on national justice systems to prosecute these crimes with adequate measures, and stresses that the International Criminal Court could intervene if no judicial action is possible at national level;

15.

Points out that, during and after the uprisings, women in North Africa have faced increased vulnerability and victimisation;

16.

Calls on the North African countries to develop a strategy for victims of sexual violence during and after the uprisings, which provides the victims with adequate reparation, and economic, social and psychological support; calls on the authorities of the North African countries to give priority to bringing the perpetrators to justice;

17.

Condemns the practice of female genital mutilation which is still in use in some areas of Egypt, and calls on the national authorities to reinforce the implementation of the ban and on the Commission to establish programmes aimed at rooting out the practice, including through the involvement of NGOs and health education; stresses, furthermore, the importance of awareness raising, community mobilisation, education and training, and the need to involve national, regional and local authorities and civil society, as well as religious and community leaders, in combating the practice of female genital mutilation;

18.

Commends the fact that more and more states in the region have decided to raise the legal age of marriage for girls over the past decades (16 in Egypt, 18 in Morocco and 20 in Tunisia and Libya) and condemns any attempt to lower it again or to limit the impact of such reforms as early, and often forced, marriages are not only detrimental to girls’ rights, health, psychology and education but also perpetuate poverty, adversely affecting economic growth;

19.

Stresses that discrimination or violence of any kind against women or girls cannot be justified on grounds of culture, tradition or religion;

20.

Underlines the need, especially when creating new health policies, to ease access to health and social protection and services for women and girls, particularly with regard to maternal, sexual and reproductive health and rights; calls on the national authorities to fully implement the ICPD, the Programme of Action and the UN development and population agenda and draws their attention to the conclusions of the report by the United Nations Population Fund (UNFPA) entitled ‘By choice, not by chance: family planning, human rights and development’;

21.

Stresses the importance of specific actions to inform women about their rights and the importance of cooperation with civil society and state agencies in preparing reforms and implementing anti-discrimination laws;

22.

Emphasises that women’s active participation in public and political life, as protesters, voters, candidates and elected representatives, shows their willingness to exercise their rights as citizens to the full and to fight to build democracy; points out that recent events in the Arab Spring have shown that women can play important roles in revolutionary events; calls, therefore, for all the necessary steps to be taken, including positive measures and quotas, to ensure progress towards women’s equal participation in decision-making at all levels of government (from local to national, from executive to legislative powers);

23.

Considers it of the utmost importance to increase the number of women participating in the drafting of laws in national parliaments with a view to ensuring more equitable legislative practices and a genuine democratic process;

24.

Supports the idea of many women parliamentarians in these countries that women’s rights and gender equality and the active participation of women in political, economic and social life by enhancing their skills and combating discrimination could better be promoted and implemented in legislation with the establishment of a women’s caucus or a special parliamentary gender equality committee, where one does not yet exist, to deal with the issue and ensure gender mainstreaming in parliamentary work;

25.

Insists that the representation of women should be enhanced at all levels of decision-making, particularly in institutions, political parties, trade unions and the public sector (including the judiciary), and stresses that women are often well represented in a number of sectors but that are less present in high-level positions, partly due to the persisting gender discrimination and stereotypes and the glass ceiling phenomenon;

26.

Considers that a democratic transition requires the implementation of gender-sensitive policies and mechanisms that ensure women’s full and equal participation in decision making in public life, be this in the political, economic, social or environmental sphere;

27.

Highlights the important role of education and the media in promoting changes in attitudes across society and adopting the democratic principles of respect for human dignity and partnership for both sexes;

28.

Stresses the importance of bringing more women into peace negotiation, mediation, internal reconciliation and peace building processes;

29.

Stresses the importance of establishing and funding training courses to prepare women for political leadership, and of any other measures which would help to empower women and to ensure that they participate fully in political, economic and social life;

30.

Commends those countries where efforts in favour of girls’ education have been stepped up; reaffirms, nevertheless, that better access to education and remedial-catch up education, and especially to higher education, should be provided for women and girls; points out that some efforts remain to be done to eradicate women’s illiteracy, and that emphasis should be placed on vocational training including courses to promote women’s digital literacy; recommends the inclusion of gender equality in the education curricula;

31.

Stresses that the governments and parliaments of North African countries should make it a priority to ensure that girls have access to high-quality secondary and higher education, given that this is a means of boosting development and economic growth and guaranteeing democratic stability;

32.

Calls for policies taking account of the specific situation of the most vulnerable categories of women, including girls and, disabled women, as well as migrants, members of ethnic minorities, homosexuals and transsexuals;

33.

Highlights the fact that much more should be done to ensure women’s economic independence and encourage their participation in economic affairs, including in the agricultural and service sector; points out that economic independence for women empowers their resistance to violence and humiliation; considers that exchanges of best practice should be fostered at regional level between entrepreneurs, trade unions and civil society, in particular to support those women who are most disadvantaged in rural and poor urban areas;

34.

Calls on the governments of the North African countries to encourage and support more female participation in the labour market and to take all the necessary measures to prevent gender discrimination in the work place; emphasises the need for tools that can enable women’s access to the labour market in areas traditionally closed for them;

35.

Recognises the role of the media in the promotion of issues regarding the situation of women and their role in society, as well as their influence on the attitudes of citizens in their countries; recommends the drawing up of an action plan aimed at supporting women in the media, both as a professional career path and as an opportunity for monitoring how women are represented on television, through the production of television programmes and the use of the new media (the internet and social networks) in order to encourage the political participation of women and propagate the notion that tradition and equal opportunities can be made to work harmoniously together;

36.

Recommends that steps be taken to monitor the process of women’s empowerment, including with regard to respect for their rights as workers, in particular in industrial and service sectors, in rural and industrial urban areas, and to promote female entrepreneurship and equal pay;

37.

Points out that there is a positive correlation between the size of a country’s SME sector and the rate of economic growth; believes that micro-finance is a very useful tool to empower women, and recalls that investing in women also means investing in families and in communities and helps to eradicate poverty and social and economic unrest, and strengthens social cohesion in addition to giving women greater economic independence; recalls that micro-finance goes beyond credit and also implies management, financial and commercial advice and saving schemes;

38.

Calls on national public authorities to devise framework policies on micro-finance in order to counter unintended consequences, such as over-indebtedness, which women may face owing to a lack of information or relevant legal provisions;

39.

Encourages North African countries to establish support mechanisms for women entrepreneurs, including through the provision of relevant information, legal protection, and professional advancement and management training courses;

40.

Encourages the empowerment of women through exchange projects that will allow women’s organisations and individual female researchers from different countries to meet and to share experiences and lessons learnt, enabling them to come up with strategies and actions that can be replicated while taking account of differing needs and places of origin;

41.

Underlines the importance of ensuring that programmes and actions for women’s empowerment in the region are based on three levels of intervention: first, at institutional level, by pushing for gender equality through reforms in the legal framework and new pieces of legislation, including the provision of technical support; secondly, by supporting civil society organisations that can advocate in favour of women’s rights and help increase their participation in the decision-making process; and, thirdly, by working directly at local community level, especially in rural areas, with the aim of changing social behaviours and traditions and opening up spaces for women in the social, economic and political life of their communities;

42.

Stresses that the ENPI should put women’s rights, gender equality and women empowerment at the heart of its programmes, as they are one of the key indicators to assess progress in democratisation and human rights; considers that gender equality should be prioritised in each country strategy paper and national indicative programme;

43.

Calls on the Commission to continue and to strengthen the mainstreaming of gender issues in the various EU interventions, whatever their core topic, and encourages the Commission to continue to cooperate with international organisations as implementers, such as UN Women;

44.

Encourages the Commission to adopt a gender mainstreaming approach when drafting country roadmaps for engaging with civil society organisations in North African countries, with the aim of reducing gender inequities and creating the conditions for the equitable participation of women and men in decision-making processes;

45.

Calls on the VP/HR to deepen the dialogue with Arab regional institutions so as to ensure that they play a leading role in mainstreaming women’s rights and related policies across the region;

46.

Calls on the VP/HR and the Commission to implement the joint work programme on cooperation signed with the League of Arab Sates, in particular regarding women’s empowerment and human rights;

47.

Calls on the Commission to reinforce the financial envelope providing support for women in the region; believes that this support should continue to take into account both the specificities of each country and the common problems affecting them at regional level, e.g. at political and economic level, seeking complementarity between regional and bilateral programmes;

48.

Calls on the Commission to encourage the development of leadership programmes for female opinion leaders and for leaders in the business and finance sector and to provide further support for existing programmes in this area;

49.

Considers that women’s rights and gender equality should be adequately taken into account in the commitments made by partners in accordance with the ‘more for more’ principle of the renewed Neighbourhood Policy; calls, therefore, on the VP/HR and the Commission to develop clear criteria in order to guarantee and monitor progress, through a transparent and inclusive process, including in consultation with women’s rights and civil society organisations;

50.

Calls on the EU Special Representative for Human Rights to pay special attention to women’s rights in North Africa, in line with the reviewed EU Human Rights Strategy;

51.

Highlights the importance of encouraging the participation of women in the electoral process and calls on the authorities of the countries concerned, therefore, to adopt constitutional provisions entitling women to participate and removing the obstacles preventing them from participating in the true sense; calls on the EU to work closely with the national governments in order to provide them with best practices regarding the training of women regarding their political and electoral rights; recalls that this should be done throughout the electoral cycle through assistance programmes and should be closely monitored by the EU EOM, if need be;

52.

Calls on the Commission to continue monitoring the way in which North African countries are implementing the recommendations on women’s rights made by EU election observation missions and to submit a report to Parliament;

53.

Calls on the VP/HR and the Commission to address discrimination against women workers' rights in labour law when holding political and policy dialogue meetings with North African countries, in line with the ‘more for more’ principle, and to promote women’s participation in trade unions;

54.

Calls on the Commission and other donors to promote programmes aimed at ensuring equal access to labour markets and training for all women, and to increase the financial resources allocated to support capacity-building for women’s civil society organisations and networks at national and regional levels;

55.

Urges the Commission to highlight positive examples of female entrepreneurship involving women from North African countries, or from organisations comprising female European and North African entrepreneurs, including in the technological and industrial sectors; calls, therefore, on the Commission to establish means of disseminating the relevant information so as to ensure that the fullest possible use is made of the experience gained in order to promote and raise awareness of the development potential of such activities in communities which have less dynamic economies;

56.

Calls on the Commission, when conducting impact assessments with respect to countries with which a ‘deep and comprehensive free trade agreement’ is under negotiation, to take into account the agreement’s potential social impact and potential effects on human rights, especially on the rights of women, including in the informal sector;

57.

Calls on the Commission to support measures to ensure that the specific needs of women in crisis and conflict situations, including their exposure to gender-based violence, are immediately and adequately met;

58.

Calls on the VP/HR and the Commission to guarantee an enabling environment for civil society to freely operate and participate in democratic changes when holding political and policy dialogue meetings with North African countries;

59.

Calls on the Commission to reinforce the staff dedicated to gender issues in the EU delegations of the region and to guarantee that women and NGOs are involved in the consultation process around the programming;

60.

Welcomes the fact that UN Women has set up offices in North Africa and encourages the EU delegations in the countries concerned to further work with the UN offices to produce measures to guarantee gender equality and promote women’s rights in the wake of the Arab Spring;

61.

Calls on the Commission to encourage the creation of and to finance counselling centres and ‘women’s houses’, where women can obtain advice on any issue, from political rights to legal counselling, through health and protection against domestic violence, as a holistic approach is helpful to women but also more discreet when it comes to violence;

62.

Encourages national authorities in North Africa to set up awareness raising programmes on domestic violence in combination with the development of refuges for women who have, or are presently experiencing domestic violence;

63.

Calls on the authorities in North African countries to ensure suitable medical and psychological support, free legal services and access to justice and to complaint mechanisms for female victims of and witnesses to violence;

64.

Recalls that support for civil society, NGOs and women’s organisations should also be provided through the UfM mechanisms; calls on the Commission to facilitate cooperation between women’s organisations in the EU and their counterparts in North Africa;

65.

Calls on the Commission to support the efforts in Northern African countries towards building deep and sustainable democracy based on respect for human rights, fundamental freedoms, women’s rights, principles of equality between men and women, non-discrimination and the rule of law; stresses the need to support the development of active citizenship in the region through technical and financial support to civil society in order to help create a democratic political culture;

66.

Calls on the Commission to ensure full transparency in trade negotiations, including on all background information, based on which trade agreements are proposed; stresses that women’s groups and civil society organisations should be actively engaged all along the process;

67.

Calls on the Parliamentary Assembly of the UfM to dedicate a session every year in March to the situation of women in the region;

68.

Calls on the Commission to promote the reinforcing of the Istanbul-Marrakesh process and to support programmes that promote dialogue between civil society and governments in the Euro-Med region;

69.

Believes that the newly established European Endowment for Democracy (EED) should devote special attention to women’s involvement in the democratic reform processes in North Africa, by supporting women’s organisations and projects in gender-sensitive areas such as encouraging intercultural and inter-religious dialogue, combating violence, generating employment, promoting cultural and political participation, extending equal access to justice, health services and education for women and girls, and preventing or ending existing discrimination against women and violations of women’s rights;

70.

Urges the Commission and the Members States, and especially the EU Anti-trafficking Coordinator, to take into account and have a common front in the coordination of EU external policy activities in the framework of the EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016; considers that North African national authorities should, as and when possible, be encouraged to liaise with other states in the region to combat trafficking in human beings;

71.

Calls on the Commission to support women’s projects and strengthen women’s networks in universities, the media, cultural bodies, the film industry and other creative sectors, and insists on the importance of enhancing cultural relations between both shores of the Mediterranean, including through the social media, digital platforms and satellite transmission;

72.

Calls on the governments and authorities of the Member States to put women’s rights at the centre of their bilateral diplomatic and trade relations with the North African countries;

73.

Calls on the Commission to strengthen higher education exchange programmes, such as Erasmus Mundus, and to encourage the participation of young women; calls also for the development of interregional cooperation (be it through twinning or ‘peer-to-peer’ exchanges) between regions from the northern and southern Mediterranean;

74.

Welcomes the Mobility Partnerships insofar as they facilitate exchanges and help to manage migration in a human and dignified way;

75.

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

29.1.2016   

EN

Official Journal of the European Union

C 36/36

—

having regard to the Cotonou Agreement between the African, Caribbean and Pacific (ACP) States and the European Community (EC) and its Member States, signed on 23 June 2000 (1),

—

having regard to Part IV of the Treaty on the Functioning of the European Union (TFEU) and the Overseas Association Decision (OAD) of 27 November 2001 (2) associating the EU (previously the EC) with various overseas countries and territories (OCTs),

—

having regard to the proposal for a Council Decision on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’) (COM(2012)0362), adopted by the Commission on 16 July 2012 and currently under negotiation in the Council,

—

having regard to the Commission communication of 7 December 2011 entitled ‘Preparation of the multiannual financial framework regarding the financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for the 2014–2020 period (11th European Development Fund)’ (COM(2011)0837),

—

having regard to the Commission communication of 13 October 2011 entitled ‘Increasing the impact of EU Development Policy: an Agenda for Change’ (COM(2011)0637),

—

having regard to the Commission communication of 21 June 2001 entitled ‘Programme of Action for the mainstreaming of gender equality in Community Development Co-operation’ (COM(2001)0295),

—

having regard to the Commission communication of 12 September 2012 entitled ‘The roots of democracy and sustainable development: Europe’s engagement with Civil Society in external relations’ (COM(2012)0492),

—

having regard to the Commission communication of 29 June 2011 entitled ‘A Budget for Europe 2020’ (COM(2011)0500),

—

having regard to the European Consensus on Development of 20 December 2005 and the European road map for development and the resulting guidelines,

—

having regard to the European Consensus on humanitarian aid of 18 December 2007,

—

having regard to the Council conclusions of 29 June 2012 and 15 October 2012,

—

having regard to Article 32 of the United Nations Convention on the Rights of Persons with Disabilities, ratified by the European Union on 23 December 2010,

—

having regard to the ACP-EU Joint Parliamentary Assembly resolution on the inclusion of persons with disabilities in developing countries (ACP-EU/100.954/11),

—

having regard to the European Union Plan of Action on Gender Equality and Women’s Empowerment in Development (2010-2015),

—

having regard to the European Union guidelines on violence against women and girls and combating all forms of discrimination against them,

—

having regard to Rule 48 of its Rules of Procedure,

—

having regard to the report of the Committee on Development and the opinions of the Committee on Budgets and the Committee on Women’s Rights and Gender Equality (A7-0049/2013),

A.

whereas the Internal Agreement establishing the 10th EDF will expire on 31 December 2013, and whereas the Commission has included in its communication (COM(2011)0837) a draft internal agreement to replace the existing agreement as from 1 January 2014;

B.

whereas the draft internal agreement for the 2014-2020 period is currently under negotiation in the Council without the participation of Parliament; whereas, however, there is nothing to prevent Parliament from drafting an own-initiative report on the 11th EDF on the basis of the Commission communication containing the draft internal agreement;

C.

whereas the Commission is not planning to include the EDF in the budget in 2014, but only from 2021 onwards, which is highly regrettable; whereas, however, that budgetisation should be prepared now to avoid a reduction in funding for the EU-ACP partnership and development aid in general;

D.

whereas the 11th EDF needs to have sufficient funding to ensure that the Union honours the undertakings made at international level concerning development and devotes 0,7 % of its GDP to development aid, thus contributing to the attainment of the Millennium Development Goals (MDGs);

E.

whereas the MDG progress reports show that progress has been uneven and that, in particular, the MDGs relating to maternal and child health will not be achieved by 2015 in most ACP countries;

F.

whereas the financial proposals for the 2014-2020 period, currently under discussion in the Council, have worrying implications for the future of European development policy, but also for the association linking the OCTs and the EU;

G.

whereas EU aid is increasingly effective, even though considerable progress still needs to be made, and whereas Community measures to promote international solidarity have the support of more than three-quarters of European citizens;

H.

whereas innovative forms of funding, designed to increase official development assistance by ensuring that the business and financial sectors make a fairer contribution, are essential;

I.

whereas donors should stop urging partner countries to accept the ownership principle at the same time as depriving them of the funding they need to consolidate their institutions and public services;

J.

whereas developing countries urgently need to establish tax systems based on their citizens' ability to pay;

K.

whereas the Commission, in its communication on the Agenda for Change, called for the principle of differentiation to be applied to the allocation of European development policy funds, of which the 11th EDF is a part, and introduced the principles of sectoral concentration, combined grant/loan funding and support for the private sector;

L.

whereas the European Consensus on Development and the Cotonou Agreement recognise the primary role of civil society organisations (CSOs) and local and regional authorities (LRAs) in efforts to tackle poverty and promote good governance;

M.

whereas the OAD proposal takes account of the specific challenges facing OCTs, which differ from those confronting ACP states; whereas the OCTs should therefore no longer be covered by the EDF, but by an ad hoc financial instrument entered in the EU budget;

N.

whereas the Partnership Agreement 2000/483/EC between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other, signed in Cotonou on 23 June 2000, stipulates that ‘systematic account shall be taken of the situation of women and gender issues in all areas — political, economic and social’;

O.

whereas the European Union’s Plan of Action recognises the importance of women’s involvement and a gender equality perspective for the development of its partner countries and for achieving the MDGs; whereas gender equality is one of the priorities for EU action under the ‘Agenda for Change’;

1.

Notes that the main objectives of European development policy (under Article 208 TFEU), the Cotonou Agreement and the European Consensus on Development are to reduce and, ultimately, to eradicate poverty; stresses, therefore, that at least 90 % of the appropriations under the 11th EDF for ACP states should meet the official development aid (ODA) criteria, as laid down by the OECD’s Development Assistance Committee;

2.

Considers that, in order to meet that objective, more needs to be done to ensure that the Millennium Development Goals (MDGs) on which the least progress is being made are met, in particular those concerning the most vulnerable groups in society and gender issues, as stipulated by Articles 22, 25 and 31 of the Cotonou Agreement; reiterates its support for the MDG initiative and contracts, and calls on the Commission and Member States, in agreement with the ACP States, to earmark 20 % of the 11th EDF budget for the provision of basic social services, particularly health care and basic education, to ensure that MDGs 2, 3, 4, 5 and 6 and other international commitments concerning development are met; calls, therefore, for the performance indicators linked to gender equality proposed in the ‘Programme of Action for the mainstreaming of gender equality in Community Development Co-operation’ to be applied to the 11th EDF and its programming in order to ensure that the specific actions and the measures to promote gender equality in all programmes are implemented in an appropriate and consistent manner;

3.

Urges the Commission and the partner countries to prioritise aid to strengthen health systems in order to ensure access to basic maternal, reproductive and child healthcare, with particular emphasis on the poorest sections of the population and the fight against HIV/AIDS, recalling that these objectives are Millennium Development Goals on which progress has been disappointing in many ACP countries;

4.

Considers that, in order to meet the above objective, it is essential to include the most vulnerable groups in society, including but not limited to, women, children, and persons with disabilities, in all projects aimed at poverty eradication, both in the programming and implementation and evaluation phases;

5.

Welcomes the Commission’s intention to act in a more strategic and coordinated manner on issues of social protection in developing countries, and calls for the development, in partnership with the ACP countries, of integrated social protection policies which also take into account support for basic mechanisms such as the creation of social security floors under the 11th EDF;

6.

Recalls that the EDF finances not only the ACP-EU partnership, but also the OCT-EU association arrangements, which cover 26 OCTs;

7.

Welcomes the fact that the OAD proposal recognises the need to develop a new long-term partnership with the OCTs, centred around four new objectives:

8.

Regrets the absence of a financial instrument dedicated to the OCTs that could be integrated in the Union budget so as to allow democratic, transparent control over funding allocated by that means;

9.

Calls for better cooperation between the outermost regions, the ACP States and third countries neighbouring OCTs, the combined use of the various financial instruments applicable to these regions, states and countries, and better access for the OCTs and outermost regions, as observers, to the plenary sessions of the ACP-EU Joint Parliamentary Assembly, in accordance with the Assembly's Rules of Procedure;

10.

Calls once again for the budgetisation of the European Development Fund (EDF) in the next programming period and default from 2021, with the full transfer to Section 4 of PSC (‘Europe in the world’), as this would contribute to the more effective promotion of Union priorities and thematic support and would enhance the democratic scrutiny, visibility and predictability, as well as the consistency, of the EU’s actions as the world’s largest donor of development aid;

11.

Calls on the Commission to ensure that the budgetisation of the EDF proceeds as smoothly as possible, by informing the European Parliament regularly of the progress made and liaising closely with the ACP countries, in order to ensure that they are involved in the future implementation of the EDF;

12.

Welcomes the fact that the contribution keys for the Member States for the 11th EDF are more similar to those used for the Union budget and that the programming period for the 11th EDF has been brought into line with the implementing period for the MFF;

13.

Supports the Commission’s proposal to earmark a total of EUR 30 319 000 000 (at 2011 prices) to the 11th EDF, and calls for the sums set aside for the 11th EDF and the other cooperation instruments, including the Development Cooperation Instrument (DCI), to be used to ensure that the Union’s official development aid (ODA) is maintained at its current level, or even increased, in order to help the Member States achieve their common objective of devoting 0,7 % of GDP to ODA;

14.

Stresses the need, given that some ACP countries are at great risk from disasters, for a substantial investment in disaster risk reduction in development programmes financed by the EDF; stresses that this investment is essential to reduce needs following an emergency situation and increase the resilience of ACP countries;

15.

Deeply regrets the agreement concluded by the Member States on 8 February 2013, which provides for an 11 % reduction in the 11th EDF budget proposed in July 2012 by the Commission; draws attention to the glaring contradiction between the repeated undertakings given by the Council to meet development aid targets by 2015 and the substantial cuts made to international development appropriations in both national and Union budgets;

16.

Takes the view that, in making these budget cuts, the Union and its Member States, as the main ODA providers, will be held primarily responsible if the objective of reducing global poverty levels by half is not met by 2015;

17.

Emphasises the importance of the Union having a budget that is capable of meeting the challenges facing it, particularly in times of crisis, as that budget provides funding, in particular for development, that could not be made available at national level; calls, therefore, for the Union's budget to be funded from own resources, such as a financial transactions tax, so that the size of the budget is no longer just about the level of payment appropriations;

18.

Calls for the proportion of the EDF budget set aside for OCTs to be kept at the figure proposed by the Commission, whatever contribution scales and levels of appropriations are set for the 11th EDF;

19.

Urges that, under the 11th EDF, the proportion of resources devoted to the intra-ACP programme and regional programmes should be the same as that under the 10th EDF, also providing for a flexible reserve and ensuring maximum complementarity with the Pan-African programme planned as part of the future DCI, because this reserve will be used in part to finance the new scheme to absorb any exogenous shocks with an international dimension (in particular, financial, food or humanitarian crises) that may affect an ACP country, as well as emergency humanitarian aid; stresses the importance of these programmes, which can help to increase the level of preparedness of ACP countries in the event of a crisis, boost their resilience and improve coordination of emergency measures, rehabilitation and development;

20.

Takes the view that approximately 5 % of the appropriations under the 11th EDF should be used to cover Commission support costs, so as to ensure that the instrument is managed effectively;

21.

Stresses that the Cotonou Agreement should continue to be the main reference framework for the 11th EDF;

22.

Takes the view that the application of the principle of differentiation to eligibility for funding under the 11th EDF will be beneficial only if the impact is offset by a vulnerability index that supplements the GDP criterion, incorporates a national poverty and inequality index, and takes account of the specific circumstances of Small Island Developing States (SIDS), pursuant to Article 2, last indent, of the Cotonou agreement; notes that ongoing close political dialogue is essential if our ACP partners are to accept the principle;

23.

Recognises, nevertheless, that the application of the principle of differentiation is a vital political tool which can be used to encourage middle and higher income ACP countries to establish a welfare state and devise national policies to redistribute wealth and tackle poverty and inequality;

24.

Stresses the importance of maintaining all the national budgets at their current levels under the 11th EDF, given that European development aid can still have a decisive impact in some middle and higher income ACP countries, in order to support reforms aimed at reducing inequality;

25.

Takes the view that differentiation should also take account of the specific situation in fragile states, given that the human consequences when a state fails are devastating and cancel out the progress made in terms of development; points out that re-establishing the rule of law in a failed state is a much more onerous and lengthy process than providing additional support to states identified as fragile, and therefore calls for a special focus on the Sahel region and the Horn of Africa in the programming of the 11th EDF;

26.

Notes that the Agenda for Change contains new proposals, including combined grant/loan funding and support for the private sector; considers that the principal aim of these proposals should be to lift people in developing countries out of poverty and free them from their dependence on aid, and help strengthen the private sector in ACP States, given that failure to do so would result in unbalanced development and growth; calls on the Commission to inform the European Parliament of the results of the study it commissioned recently on private-sector participation in the development and expansion of combined EU grant/loan activities;

27.

Recognises that the new funding arrangements, such as combined grant/loan funding, have definite advantages in a context of ever more scarce public resources; calls on the Commission and the EIB, nevertheless, to carry out detailed and independent impact studies in order to measure the impact of these new funding arrangements on poverty reduction, the environment, etc.; welcomes, therefore, the recent establishment of the ‘Results Measurement Framework’ (RMF), an index that enables the EIB to measure the development impact of all its operations outside the EU; calls on the Commission to publish guidelines and precise criteria that clarify the principles that should inform the selection of projects when these new arrangements are implemented; calls for more synergy and complementarity between the activities of the Commission, the EIB and other European bilateral financial institutions, such as development banks;

28.

Acknowledges also the importance of supporting the private sector, in particular micro-enterprises and SMEs in ACP countries, in order to encourage wealth creation and the establishment of business-friendly environments so as to facilitate more inclusive and sustainable growth that helps reduce poverty;

29.

Notes the establishment of the ‘EU Platform for External Cooperation and Development’, in which Parliament is an observer and which is intended to provide guidance for joint mechanisms involving combinations of existing grants and loans; believes that neither civil society nor the EIB is adequately involved in this new structure; calls on the Commission, therefore, to involve civil society directly in the work of the platform and to recognise the unique role played by the EIB as EU financial institution, in the platform governance;

30.

Notes the sectoral concentration proposed by the Commission in its Agenda for Change; stresses that sectoral concentration should not be pursued at the expense of meeting the specific needs of certain countries; points out that democratic ownership is key to ensuring that aid is effective, and stresses that decisions concerning the sectors to be targeted under national indicative programmes should therefore be made on a flexible basis and through dialogue with all development stakeholders, including civil society and local authority representatives;

31.

Calls without delay for the implementation of the resolution of the ACP-EU Joint Parliamentary Assembly on the inclusion of persons with disabilities in developing countries, especially its Articles 19, 20, 21 and 22, in order to ensure an 11th EDF that is inclusive and accessible to all;

32.

Welcomes the fact that the UN initiative ‘Sustainable Energy for All’ enjoys strong support from the EU to the tune of EUR 500 million under the 10th EDF, and calls for this level of funding to be continued under the 11th EDF;

33.

Welcomes the fact that agriculture, in particular support for family farms, is one of the thematic priorities of the future EU development policy; recalls the commitment, which was poorly honoured, made by ACP states in the Maputo Declaration to allocate 10 % of national budget revenue to agriculture and rural development;

34.

Insists that thematic concentration should not jeopardise the concept of budget support, which is designed to encourage sound management of public finances by the beneficiaries; calls for this support to remain an important aspect of the 11th EDF, subject to closer dialogue on human rights between the Commission and the ACP States;

35.

Notes that the Commission has agreed to inform Parliament about the strategy documents for the 11th EDF, but criticises the fact that Parliament has no specific powers to scrutinise the measures taken by the Commission in this context; points out that the ACP-EU Joint Parliamentary Assembly can also play a central role in exercising democratic scrutiny over all the EDF strategy documents, in accordance with Article 17 of the Cotonou Agreement, in particular the third indent of paragraph 2;

36.

Reiterates the importance of observing the principle of democratic ownership, as defined in the programme for aid effectiveness; calls on the Commission, therefore, to continue its support for measures to strengthen the capacity of national parliaments and courts of auditors in the ACP States and to keep civil society informed, and on the ACP States to work more actively with their national parliaments, so that the disbursement of the funds provided for in each country's strategy documents is made subject to ex post parliamentary scrutiny; applauds the invaluable work of the Office for the Promotion of Parliamentary Democracy; recommends that all national ministries participate in the discussions between the national authorising officer and the Union delegation concerned in order to ensure that the strategy documents offer a comprehensive assessment of the country's development needs;

37.

Believes that transparency and accountability are fundamental when allocating EDF funds and monitoring the projects financed, including direct aid to national budgets;

38.

Draws attention to the invaluable contribution of civil society organisations (CSOs) and local and regional authorities (LRAs) as regards the provision of basic services, democratic scrutiny, support for marginalised groups and the promotion of human rights and gender equality, and calls on the Commission and ACP countries to consult CSOs and LRAs at the programming stage and to work closely with them when implementing and evaluating the 11th EDF, pursuant to Articles 2, 6 and 70 of the Cotonou Agreement; calls on the Commission to include in the progress reports on the 11th EDF a section outlining the stage reached in the talks held by Union delegations at national level with CSOs and LRAs;

39.

Emphasises the merits of the joint programming of aid between the Union and its Member States, given that it boosts the visibility, impact and effectiveness of European development policy, whilst preventing duplication and waste; stresses the need, however, to expand on and clarify the rules set out in the common framework for joint multiannual programming; emphasises the key role that could be played by EU delegations, which should bring further transparency to this process, in particular by involving not only administrations, but also non-state actors, of the recipient countries concerned;

40.

Calls on the Commission scrupulously to respect Article 19 C, first paragraph, of Annex IV of the Cotonou Agreement, which makes compliance with social and environmental standards a condition for obtaining public procurement contracts financed from the 11th EDF in ACP countries, in order to promote the principles of sustainable development and corporate social responsibility;

41.

Stresses that the success of efforts to tackle poverty and ensure aid effectiveness is contingent on the capacity to raise revenue at national level, and that the ACP-EU partnership must therefore make it a priority to promote effective and fair tax collection systems in order to improve tax collection and prevent tax evasion and the use of tax havens;

42.

Welcomes the Commission communication on ‘The future approach to EU budget support to third countries’; highlights the importance of Article 96 of the Cotonou Agreement, which makes provision for aid to a state to be suspended if it violates the principles of the agreement;

43.

Notes that budget support has many advantages, because it leads to more responsible decision-making, more precise results analysis, greater policy coherence, more effective forecasting and optimum use of the funds available directly for the benefit of the population;

44.

Highlights the importance of regarding women not just as a vulnerable section of the population but as active facilitators of development policies; stresses, in this respect, that women play a crucial role in nutrition and food security — not least in recognition of the fact that they are responsible for 80 % of farming in Africa — even though they are still hardly ever able to own the land they cultivate; stresses, likewise, that women have proven competence in resolving problems and conflicts, and therefore urges the Commission and the ACP countries to increase the role of women in action groups and working parties;

45.

Calls on the Commission to apply the performance indicators established in the EU Plan of Action on Gender Equality and Women’s Empowerment in Development;

46.

Asks the Commission to provide Parliament with a progress report on the implementation of the EU Plan of Action on Gender Equality and Women’s Empowerment in Development;

47.

Instructs its President to forward this resolution to the Council, the Commission, the EEAS, the governments and parliaments of the EU Member States, and, where appropriate, those of the ACP countries and the OCTs.

29.1.2016   

EN

Official Journal of the European Union

C 36/43

—

having regard to Article 11 of the TEU and Article 5 of the Protocol on the application of the principles of subsidiarity and proportionality,

—

having regard to Articles 191 and 192 of the TFEU,

—

having regard to the Commission communication to the Council, the European Parliament, the European Economic and Social Committee, and the Committee of the Regions on implementing European Community Environmental Law (COM(2008)0773),

—

having regard to the Commission Communication to the Council and the European Parliament entitled ‘2008 Environment Policy Review’ (COM(2009)0304) and the Annex thereto,

—

having regard to the Commission Communication to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions entitled ‘Improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness’ (COM(2012)0095),

—

having regard to the 29th annual report on monitoring the application of EU law (2011) (COM(2012)0714),

—

having regard to its resolution of 20 April 2012 on the review of the 6th Environment Action Programme and the setting of priorities for the 7th Environment Action Programme — A better environment for a better life (1),

—

having regard to the Council conclusions of 20 December 2010 on the subject of ‘Improving Environmental Policy Instruments’,

—

having regard to the Council Presidency conclusions of 19 April 2012 on the 7th Environment Action Programme,

—

having regard to the Interinstitutional Agreement on Better Lawmaking (2),

—

having regard to the outlook opinion of the Committee of the Regions entitled ‘The role of local and regional authorities in future environmental policy’ (3),

—

having regard to the opinion of the Committee of the Regions entitled ‘Towards a 7th Environment Action Programme: better implementation of EU environment law’ (4)

—

having regard to the proposal for a directive of the European Parliament and of the Council on access to justice in environmental matters (COM(2003)0624) and the text adopted by Parliament at first reading (5),

—

having regard to Rule 48 of its Rules of Procedure,

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Petitions (A7-0028/2013),

A.

whereas much of EU law takes the form of directives, setting out general rules and objectives, while leaving the choice of means, how to reach those objectives, to the Member States and to regional and local entities;

B.

whereas key responsibility for ensuring effective implementation and enforcement of EU legislation lies with national authorities, very often at regional and local levels;

C.

whereas inefficient implementation not only harms the environment and human health but also creates uncertainty for industry and places obstacles to the Single Market, as well as generates more bureaucracy and thus higher costs;

D.

whereas studies have concluded that full implementation of EU legislation in the waste sector alone would generate 400 000 jobs and save EUR 72 billion annually (6);

E.

whereas the unsatisfactory level of implementation of environmental law is reflected in the high number of infringements and complaints in this area;

F.

whereas the lack of precise information and knowledge on the state of implementation, and of quantitative data for several environmental sectors, is a hindrance to the proper implementation of the environmental acquis;

G.

whereas, according to the Commission, the annual cost of non-implementation of EU environmental legislation is currently EUR 50 billion in health costs and direct costs to the environment, not including the negative impacts on the state of the environment in the EU; whereas, from 2020 onwards, this annual cost will rise to EUR 90 billion (7);

H.

whereas problems arising from the implementation of EU environment law can be two-fold, with, on the one hand, late or insufficient implementation, and, on the other hand, ‘over-implementation’ (‘gold plating’), both aspects running counter to the original political ideas behind EU environmental law;

I.

whereas there are significant differences in implementation both between and within Member States which lead to a negative impact on the environment, thus making a more systematic and holistic approach necessary in order to bridge this ‘implementation gap’;

J.

whereas the environment was the area in which most infringements of Community law were reported in the EU in 2011 (299), representing 17 % of all infringements, and 114 new infringement proceedings were initiated in this area in 2011 (8);

K.

whereas full compliance with EU environmental law is a Treaty obligation and a criterion for the use of EU funds in Member States; whereas the Member States should therefore implement environmental legislation in a timely, cost-efficient manner, in order to improve the state of the environment in the EU;

L.

whereas the 6th Environmental Action Plan was undermined by persistent implementation failures in mature policy sectors such as air pollution control, waste management, water and waste water treatment, and nature conservation;

1.

Welcomes the Commission Communication entitled ‘Improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness’ (COM(2012)0095);

2.

Urges the Member States to take all measures required to safeguard the environment and encourage sustainable development, while bearing in mind the need for a healthy and competitive economy; emphasises that local communities must have a strong say in deciding the best balance between the needs of people and the needs of their environment;

3.

Considers that, when EU environmental policies are formulated, regional and local authorities can strengthen the sense of cooperation and ensure the legislation is implemented more effectively;

4.

Is of the opinion that the administrative burden is not always a result of excessive implementation or lack of implementation; notes that administrative costs are unavoidable but that these should be kept as low as possible because of their negative impacts on citizens and industry;

5.

Notes that much of the unnecessary administrative costs linked to environmental legislation are due to inadequate or inefficient public and private administrative practices in various Member States and in their regional or local authorities;

6.

Emphasises that only the timely and correct implementation (transposition) of EU law by the Member States and regional and local authorities will ensure that the desired results of the EU policy in question are attained;

7.

Emphasises that assuring a level-playing field and a common market, as well as a harmonised approach, are at the centre of EU legislation;

8.

Is of the opinion that an efficient implementation can bring about benefits for industry, e.g. by reducing administrative burdens, providing investment security and thereby creating more jobs;

9.

Deplores that citizens become aware of EU legislation only after it enters into force; is of the opinion that an earlier means of information exchange between legislators and citizens is needed to bring about a higher level of acceptance and understanding of the objective of EU legislation;

10.

Clarifies that the Commission, as guardian of the Treaties, should act sooner in order to allow a better and more timely implementation; asks the Commission to examine what needs to be done to ensure the correct transposition, implementation and enforcement of environmental legislation;

11.

Notes that the current fragmented state of implementation in the Member States undermines the level-playing field for the industry and increases the uncertainty about the exact requirements, and, in so doing, discourages investments in those environmental areas which can generate jobs;

12.

Emphasises that the European institutions’ responsibility with regard to EU legislation does not end with the adoption of legislation by Parliament and Council, and that it is willing to assist the Member States in providing for more efficient implementation;

13.

Calls on the Commission, the Member States and the regions concerned to improve the flow of information, and increase transparency, through more active and frequent exchanges;

14.

Considers that full implementation and enforcement at all levels is critical, and may require, where appropriate, further strengthening; emphasises, therefore, the need for clear, consistent and non-duplicative environmental legislation; stresses the need for coordination, complementarity and the elimination of gaps in the coverage of the various items of legislation which comprise EU environment law;

15.

Is of the opinion that environmental legislation can be implemented more effectively through dissemination of best practices between the Member States, and between the regional and local authorities that are responsible for implementing EU legislation, as well as through greater cooperation with the European Institutions;

16.

Deplores the lack of data on the compliance and enforcement work undertaken at national, regional and local level, and therefore asks the Commission to improve this situation with the help of its networks and bodies, such as the European Environment Agency (EEA);

17.

Notes the importance of strengthening and monitoring the relevant indicators for the implementation of environmental legislation, and encourages the setting up of a user-friendly website where the most recent indicator measurements would be available and where informal comparisons among the Member States would be possible;

18.

Is of the opinion that the Commission itself should be at the centre of efforts to ensure a better implementation, and deplores that, currently, these efforts are increasingly referred to other bodies which often do not have the Commission’s competences, personnel or financial resources;

19.

Urges the Commission and the Member States to help improve the knowledge and capacity of the people involved in implementing environmental legislation, at national, regional and local levels, to ensure a better delivery of benefits from this legislation; is, furthermore, of the opinion that opening a dialogue with relevant stakeholders would improve implementation as well;

20.

Calls on the Commission to explore the possibility of setting up partnership implementation agreements between the Commission and individual Member States, or between Member States, in order to promote better implementation as well as to identify and resolve implementation problems;

21.

Calls on the Commission to examine whether greater participation by local authorities throughout the process of defining environmental policy would be useful in improving implementation of legislation across the board, including the possibility of setting up teams to transpose environmental law at regional and local level;

22.

Recommends the setting up of a systematic and easily accessible online information tool on implementation; calls on all actors, but especially on industry and citizens, to provide the implementing bodies with feedback on problems arising from implementation; values the availability of reliable, comparable and easily accessible information on the state of the environment, which it regards as key to tracking the state of implementation in an effective manner;

23.

Urges the Commission to re-consider demands for the introduction of a best-practise database, allowing best practice in implementation to be disseminated across Member States and across regional and local authorities; calls on the Commission to explore ways in which information and communication technology can be deployed to provide as much useful online information as possible on how EU environmental law should be implemented;

24.

Stresses the importance of tightening up monitoring of the application of environmental legislation; calls, therefore, for a strengthening of current capacities and for cohesion to be ensured among the various bodies responsible for monitoring in the Member States, based on EU guidelines;

25.

Stresses the need for EU legislation to aim to tackle the causes of environmental damage by establishing rules concerning legal responsibility for environmental damage and concerning corporate social responsibility; considers it essential, with that end in view, to carry out all the initiatives designed to encourage and propagate greater corporate social responsibility in relation to environmental matters, which imposes on businesses a requirement to be receptive to the sustainable development strategy;

26.

Recalls that there are many benefits to be gained from proper implementation of EU environmental legislation: three examples of such benefits are a level playing field for economic actors in the Single Market, the creation of a stimulus for innovation, and first-mover advantages for EU businesses;

27.

Underlines that a high level of environmental protection is one of the fundamental objectives of the European Union and would deliver direct benefits to citizens, such as better living conditions through improved air quality, less noise and less health problems;

28.

Emphasises that the EU has set itself an ambitious agenda to move towards a resilient, resource-efficient and low-carbon economy by 2050, and that commitments at all levels are needed to reach this goal; recalls that a common effort is vital to ensure that the EU economy grows in a way that respects resource constraints and planetary boundaries;

29.

Regrets that the procedure for adopting the proposal for a directive on public access to justice in environmental matters (9) has been halted at first reading; calls, therefore, on the co-legislators to reconsider their positions with a view to breaking the deadlock;

30.

Recommends, therefore, the pooling of knowledge between the respective judicial systems of the Member States that deal with infringements of, or failure to comply with, EU environmental legislation;

31.

Considers the monitoring of implementation activities of great importance, and therefore underlines the value of the work in that field of the EEA — in line with its statutory remit;

32.

Underlines the EEA’s important role in providing a solid knowledge base underpinning policy and implementation, and recognises the work done by the EEA in this field; urges the EEA to develop further its capacities to assist the Commission and the Member States in assuring the quality of monitoring and the comparability of the environmental information collected in different parts of the EU; further encourages the EEA to focus as well on capacity building and the dissemination of best practice in the Member States; expects the EEA’s new strategy to address the issue of implementation in more detail;

33.

Supports the Commission in its plan to ask the Member States, with support from the Commission, to develop structured implementation and information frameworks (SIIFs) for all key EU environment laws, to clarify the main provisions of a directive as well as to identify the types of information needed to demonstrate how EU law is being implemented;

34.

Notes the frequent concerns of petitioners in several areas of environmental policy, such as landfill and waste disposal, wildlife habitats and air and water quality; applauds their efforts to bring authority to account, and calls on the Member States to be open and cooperative with them;

35.

Urges the Commission to create, in co-operation with national authorities, with the involvement of the EEA as appropriate, a complaint unit where citizens can communicate problems related to the implementation of environmental legislation;

36.

Underlines the crucial importance of effective inspections and urges the Member States to step up their inspection capacities in line with best practices; calls for common minimum criteria for inspections in order to ensure fair implementation in all parts of the EU;

37.

Urges all actors to streamline inspection and surveillance activities with a view to using available resources with greater efficiency; stresses as well, in this regard, the value of a more systematic use of peer-review inspections, as pointed out by the Commission; emphasises the need to complement existing inspections with enhanced cooperation and peer-reviews among inspection authorities; encourages the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL) to take action in this direction; calls also on the Commission to promote knowledge and capacity-building by supporting networks of judges and prosecutors and, in close cooperation with the Committee of the Region to reduce the environmental and economic costs of non-compliance and ensure a level playing field;

38.

Urges the Commission, to set up an Environmental Law Inspection Unit, whose role will be to oversee and assist in the implementation of the environmental legislation; asks that this unit will use new technologies and cooperate with local agencies in order to keep down inspection costs; takes the view that this unit should operate on a cost basis and that the revenues should be directed to the EU budget and should be reserved for services related to better implementation;

39.

Encourages the Member States to draw up and publish correlation tables to describe the transposition of EU directives into national law in order to improve transparency and openness of the legislative process and make it easier both for the Commission and for national parliaments to oversee the proper implementation of EU legislation;

40.

Underlines that judges and prosecutors play a key role in the enforcement of environmental legislation and that it is therefore of vital importance that they receive proper training and information on these policies;

41.

Emphasises the important role of the citizens in the implementation process, and urges the Member States and the Commission to involve them in a structured way in this process; notes also, in this regard, the importance of citizens' access to justice;

42.

Calls on the Commission and the Member States to explicitly define a specific timeframe in which court cases relating to the implementation of environmental law shall be resolved, in order to prevent the implementation of the environmental law and delays in court cases from being used as an excuse to avoid compliance and hinder investments; calls on the Commission to assess how many investments have been held back because of delays in legal proceedings relating to irregularities on the implementation of environmental legislation;

43.

Underscores the fundamental importance of actively informing citizens and NGOs about EU environmental policies at an early stage in order to involve them in drawing up and realizing such policies; urges therefore — also with a view to the findings of the high-level group of independent stakeholders on administrative burdens — that a greater effort in this respect be made so that public trust and confidence in EU environment law is enhanced, bearing in mind that a better environment for a better life cannot be created unilaterally from within the institutions without the support of society itself;

44.

With regard to projects with a possible cross-border environmental impact, calls on each Member State to comprehensively inform the affected public and authorities in other Member States concerned as soon as possible and to take the measures necessary to ensure that they are consulted in an appropriate manner;

45.

Urges the Member States to implement EU environmental legislation in the clearest, simplest and most user-friendly way while ensuring its efficiency;

46.

Calls on the Member States to advance further the full and proper implementation of EU environmental legislation and adopted policies and strategies in the framework of the 7th Environment Action Programme, and to ensure adequate capacity and finances for their full implementation, even in times of austerity, as the non-implementation or incomplete implementation of EU environmental legislation is not only unlawful, but also far more costly to society in the long run;

47.

Highlights the need to ensure that legislation is fit for purpose and reflects the latest scientific research; calls, therefore, on the EU and the Member States to regularly assess if EU environmental law fulfils these requirements and, where necessary, to adjust it accordingly;

48.

Acknowledges that first reading agreements might lead to the inadequate implementation of legislation if concrete content is left to be specified in the implementing provisions; asks, therefore, all actors to ensure that decision-making is based on an unambiguous statement of political will; emphasises the need for clear, consistent environmental legislation, drawn up on the basis of public policy evaluations and feedback;

49.

Is of the opinion that the Commission should continue to use directives in EU legislation to allow the Members States as well as regional and local authorities to implement European legislation according to their respective situation; asks the Commission, however, to increase further the support already outlined in its proposal through further studies or through the actions referred to in the impact assessment;

50.

Applauds the introduction of environmental impact assessments, and calls on the Member States to ensure that the relevant legislation is implemented more effectively, taking better account of the needs of small and medium-sized businesses and residents, and of flora and fauna; expresses concern at the slowness with which Member States often carry out such assessments and calls, in the context of the future revision of the directive, for guarantees to be introduced concerning their impartiality and objectivity;

51.

Instructs its President to forward this resolution to the Council and the Commission, the Committee of the Regions, and the national parliaments.

29.1.2016   

EN

Official Journal of the European Union

C 36/49

—

having regard to Articles 310, 311, 312 and 323 of the Treaty on the Functioning of the European Union (TFEU),

—

having regard to the Communication from the Commission of 29 June 2011 on a Budget for Europe 2020 (COM(2011)0500),

—

having regard to the Commission proposal of 29 June 2011 for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management (COM(2011)0403),

—

having regard to the Commission proposal of 29 June 2011 and the amended Commission proposal of 6 July 2012 for a Council regulation laying down the multiannual financial framework for the years 2014-2020 (COM(2011)0398 and COM(2012)0388),

—

having regard to its resolution of 8 June 2011 entitled ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’ (1),

—

having regard to its resolution of 13 June 2012 on the Multiannual Financial Framework and own resources (2),

—

having regard to its resolution of 23 October 2012 in the interests of achieving a positive outcome of the Multiannual Financial Framework 2014-2020 approval procedure (3),

—

having regard to the conclusions of the European Council adopted on 8 February 2013,

—

having regard to Rule 110(2) of its Rules of Procedure,

1.

Takes note of the European Council’s conclusions on the MFF, which represent no more than a political agreement between Heads of State and Government; rejects this agreement in its current form, as it does not reflect the priorities and concerns expressed by Parliament — notably in its resolution of 23 October 2012 — and disregards Parliament’s role and competences as set out in the Treaty of Lisbon; considers that this agreement, which will bind the Union for the next seven years, cannot be accepted without the fulfilment of certain essential conditions;

2.

Stresses its willingness to enter into fully fledged negotiations with the Council on all provisions of the MFF Regulation and the Interinstitutional Agreement, in order to ensure that the Union will be provided with a modern, forward-looking, flexible and transparent EU budget that can deliver growth and jobs and bridge the gap between the EU’s political commitments and budgetary means; underlines that it will only vote on the MFF Regulation and the Interinstitutional Agreement after the successful conclusion of substantial negotiations with the Council;

3.

Declares its determination to exercise fully its legislative prerogatives as set out in the Treaty of Lisbon; states once more that negotiations on elements falling under the ordinary legislative procedure cannot be pre-empted by the European Council’s conclusions on the MFF, which must be taken as no more than political recommendations to the Council;

4.

Reiterates the view that the MFF for 2014-2020 should ensure the successful implementation of the Europe 2020 strategy and endow the EU with the necessary means to recover from the crisis and come out stronger; stresses, therefore, the importance of substantially increasing its investments in innovation, research and development, infrastructure and youth, meeting the EU’s climate change and energy objectives, improving education levels and promoting social inclusion, while fulfilling its international commitments;

5.

Denounces the lack of transparency in the way the political agreement was reached by the European Council on both the expenditure and the revenue side of the MFF; insists that it must have all relevant information at the disposal of the Commission on the level of agreed national allocations under cohesion and agricultural policies, including the derogations and specific allocations to each Member State; also requests all relevant information on the impact per Member State of the decisions taken on the revenue side of the MFF;

6.

Strongly opposes the current accumulation and rollover of outstanding payment claims in the EU budget, and expresses its firm opposition to a financial framework that might lead the EU budget into a structural deficit, against the provisions of the Treaty (Articles 310 and 323 TFEU);

7.

Is therefore determined to prevent any further shifts of payments from 2013 to the next MFF; recalls the declaration annexed to the EU Budget 2013 calling for the Commission to present, at an early stage in the year 2013, a Draft Amending Budget devoted to the sole purpose of covering all unpaid payment claims for 2012; emphasises that it will not start negotiations on the MFF until the Commission comes forward with an Amending Budget corresponding to this political commitment, and will not conclude these negotiations before the final adoption by Council and Parliament of this Amending Budget; also demands a political engagement from the Council that all legal obligations due in 2013 will be paid out by the end of this year;

8.

Gives a strong mandate to its negotiating team to conduct negotiations on an overall package that includes, in addition to the MFF, a compulsory and comprehensive revision, a maximum overall flexibility and an agreement on own resources, and that ensures the unity of the EU budget; confirms that the negotiations will be based on all the elements set out in its resolution of 23 October 2012, including the responsibility of the Member States — to be assumed at the appropriate political level — for the management of EU funds;

9.

Firmly believes that, in order to ensure full democratic legitimacy, the next European Parliament and Commission — that will come into office following the 2014 European elections — should be in a position to reconfirm the Union’s budgetary priorities and carry out a revision of the MFF 2014-2020; underlines, therefore, its position in favour of a compulsory and comprehensive revision of the MFF, or possibly a sunset clause; considers that the revision should be legally binding, enshrined in the MFF Regulation and decided by qualified majority in the Council, making full use of the passerelle clause of Article 312(2) of the TFEU;

10.

Requests that the agreed MFF ceilings for commitment and payment appropriations be used to the fullest extent when establishing the annual EU budgets; considers, therefore, that the maximum overall flexibility between and within headings, as well as between financial years, needs to be ensured in the next MFF and decided by qualified majority in the Council; believes, in particular, that such flexibility should include the possibility of fully utilising the available margins of each heading in one financial year (for commitment appropriations), as well as an automatic carry-over of available margins to other financial years (for both commitment and payment appropriations); refers, in addition, to its detailed position on flexibility set out in its resolution of 23 October 2012 regarding the contingency margin, the recycling of the surplus of the EU budget, legislative flexibility and the individual flexibility mechanisms above the MFF ceilings;

11.

Stresses the importance of reaching an agreement on an in-depth reform of the own-resources system; emphasises that the EU budget should be financed by genuine own resources, as provided for in the Treaty; states, therefore, its commitment to a reform that reduces the share of GNI-based contributions to the EU budget to a maximum of 40 % and phases out all existing rebates and correction mechanisms;

12.

Reiterates its support for the Commission’s legislative proposals on the own-resources package, including a binding roadmap; considers, furthermore, that in the event that the Council waters down these proposals so that they do not result in a significant decrease in the Member States’ GNI-based contributions to the EU budget, the Commission should come forward with additional proposals on the introduction of new genuine own resources; insists that revenues from the Financial Transaction Tax should be allocated at least partly to the EU budget as a genuine own resource;

13.

Insists that the principle of the unity of the EU budget be recalled and clearly defined in the Interinstitutional Agreement; believes that all expenditure and revenue resulting from decisions taken by, or in the name of, the EU institutions, including borrowing, lending and loan guarantee operations, must be summarised in a document annexed every year to the Draft Budget, providing an overall view of the financial and budgetary consequences of Union activities; expects that this will ensure full information for citizens and adequate parliamentary control;

14.

Stresses that, in parallel with the MFF negotiations, Parliament and the Council should accelerate their negotiations on the specific legal bases of the EU programmes and policies for the period 2014-2020; underlines the fact that the negotiations on the MFF/IIA and the EU multiannual programmes constitute a single package, and reaffirms the principle that ‘nothing is agreed until everything is agreed’;

15.

Recalls that if no MFF has been adopted by the end of 2013, the ceilings and other provisions corresponding to 2013 will be extended until such time as a new MFF is adopted; signals that, in this case, it would be ready to reach a swift agreement with the Council and Commission to adapt the internal structure of the MFF to reflect the Union’s political priorities, and to ensure that the appropriate legal bases are in place for all EU policies and programmes by 2014;

16.

Believes, given the crucial importance of any vote on the MFF, and in order to enable MEPs to be held accountable by their electors in the European Parliament elections in 2014, that any vote on the MFF should be held in an open and transparent manner;

17.

Instructs its President to forward this resolution to the European Council, the Council, the Commission, the governments and parliaments of the Member States, and the other institutions and bodies concerned.

29.1.2016   

EN

Official Journal of the European Union

C 36/51

—

having regard to Articles 312, 313 and 314 of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community,

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (IIA) (1),

—

having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (2),

—

having regard to its resolution of 12 December 2012 on the new draft general budget of the European Union for the financial year 2013 (3),

—

having regard to the European Union’s general budget for the 2013 financial year (4) and to the three related joint statements agreed between the Parliament, the Council and the Commission,