—

having regard to the Commission proposal to the Council (COM(2007)0012) (1),

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0057/2007),

—

having regard to Rules 51 and 43(1) of its Rules of Procedure,

—

having regard to the report of the Committee on Agriculture and Rural Development (A6-0038/2007),

1.

Approves the Commission proposal;

2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4.

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

—

having regard to the Commission proposal to the Council (COM(2007)0048) (1),

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0076/2007),

—

having regard to Rules 51 and 43(1) of its Rules of Procedure,

—

having regard to the report of the Committee on Agriculture and Rural Development (A6-0051/2007),

1.

Approves the Commission proposal;

2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4.

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

—

having regard to the Commission proposal to the Council (COM(2006)0448) (1),

—

having regard to Articles 37, 279 and 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0277/2006),

—

having regard to Rule 51 of its Rules of Procedure,

—

having regard to the report of the Committee on Budgets (A6-0056/2007),

1.

Approves the Commission proposal;

2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4.

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

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0507) (1),

—

having regard to Article 251(2) and Articles 47(2) and 55 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0298/2006),

—

having regard to Rule 51 of its Rules of Procedure,

—

having regard to the report of the Committee on Economic and Monetary Affairs (A6-0027/2007),

1.

Approves the Commission proposal as amended;

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.

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

—

having regard to the Commission communication implementing the partnership for growth and jobs: making Europe a pole of excellence on corporate social responsibility (COM(2006)0136) (Commission communication on CSR),

—

having regard to the two most authoritative internationally agreed sets of standards for corporate conduct: the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy by the International Labour Organization (ILO), last revised in 2001, and the Guidelines for Multinational Enterprises by the Organisation for Economic Cooperation and Development (OECD), last revised in 2000 and having regard to codes of conduct agreed under the aegis of other international organisations such as the UN Food and Agriculture Organization, the World Health Organization and the World Bank and to efforts under the auspices of UN Conference on Trade and Development with regard to the activities of enterprises in developing countries,

—

having regard to the ILO Declaration on Fundamental Principles and Rights at Work, adopted in 1998, and ILO conventions establishing universal core labour standards with regard to the abolition of forced labour, C29 (1930) and C105 (1957); freedom of association and the right to bargain collectively, C87 (1948) and C98 (1949); the abolition of child labour, C138 (1973) and C182 (1999); and non-discrimination in employment, C100 (1951) and C111 (1958),

—

having regard to the United Nations' 1948 Universal Declaration of Human Rights and in particular the proclamation that every individual and every organ of society is called upon to play its part in securing universal observance of human rights; its 1966 International Covenant on Civil and Political Rights; its 1966 Covenant on Economic, Social and Cultural Rights; its 1979 Convention of the Elimination of All Forms of Discrimination Against Women; its 1989 Convention on the Rights of the Child; and its 1994 Draft Declaration on the Rights of Indigenous Peoples,

—

having regard to the OECD's 1997 Anti-Bribery Convention,

—

having regard to the Global Reporting Initiative's G3 Sustainability and Reporting Guidelines, 2006,

—

having regard to the UN Global Compact, launched in July 2000,

—

having regard to the announcement on 6 October 2006 that Global Compact and the Global Reporting Initiative formed a ‘strategic alliance’,

—

having regard to the UN norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights, 2003,

—

having regard to the outcome of the 2002 Johannesburg World Summit on Sustainable Development, in particular the call for intergovernmental initiatives on the question of corporate accountability and the Council conclusions of 3 December 2002 on the follow-up to the Summit,

—

having regard to the UN Secretary-General's report, ‘Towards global partnerships — Enhanced cooperation between the United Nations and all relevant partners, in particular the private sector’, of 10 August 2005,

—

having regard to the appointment of a UN Secretary-General Special Representative on business and human rights, to his interim report of 22 February 2006on the issue of human rights and transnational corporations and other business enterprises, and to the regional consultations held in Johannesburg on 27 and 28 March 2006 and in Bangkok on 26 and 27 June 2006,

—

having regard to its resolution of 15 January 1999 on EU standards for European enterprises operating in developing countries: towards a European Code of Conduct (1), which recommends creating a European Model Code of Conduct supported by a European Monitoring Platform,

—

having regard to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (2), which superseded the 1968 Brussels Convention save as regards relations between Denmark and other Member States,

—

having regard to Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (3),

—

having regard to the Council Resolution of 3 December 2001 (4) on the follow-up to the Green Paper on promoting a European framework for Corporate Social Responsibility,

—

having regard to its resolution of 30 May 2002 on the Commission Green Paper on promoting a European framework for corporate social responsibility (5),

—

having regard to its resolution of 13 May 2003 on the Communication from the Commission concerning Corporate Social Responsibility: A business contribution to Sustainable Development (6),

—

having regard to the Commission recommendation 2001/453/EC of 30 May 2001 on the recognition, measurement and disclosure of environmental issues in the annual accounts and annual reports of companies (7),

—

having regard to its resolution of 4 July 2002 on the Commission Communication to the Council, the European Parliament and the Economic and Social Committee entitled ‘Promoting Core Labour Standards and Improving Social governance in the context of globalisation’ (8),

—

having regard to the Council Resolution of 6 February 2003 on corporate social responsibility (9),

—

having regard to the Commission communication on Governance and development (COM(2003)0615),

—

having regard to Directive 2003/51/EC of the European Parliament and of the Council of 18 June 2003 on the annual consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings (10),

—

having regard to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (11),

—

having regard to the final report of the European Multistakeholder Forum (MSF) on CSR of 29 June 2004, in particular the seventh recommendation, which promotes creating a legal framework for CSR,

—

having regard to the Commission communication on the Social Dimension of Globalisation — the EU's policy contribution on extending the benefits to all (COM(2004)0383),

—

having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (12),

—

having regard to the Spring European Council of 22 and 23 March 2005, which re-launched the Lisbon strategy, focusing the partnership between the EU institutions, Member States and civil society on ‘Working together for growth and jobs’,

—

having regard to its resolution of 5 July 2005 on the exploitation of children in developing countries, with a special focus on child labour (13),

—

having regard to the Commission communication on the review of the Sustainable Development Strategy — A platform for action (COM(2005)0658), and the renewed EU Sustainable Development Strategy adopted by the European Council on 15 and 16 June 2006,

—

having regard to the joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission of 20 December 2005 on European Development Policy: ‘The European Consensus’ (14),

—

having regard to the new General System of Preferences (GSP+), in force since 1 January 2006, first implemented by Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (15), which grants duty-free access or a tariff reduction for an increased number of products and also includes a new incentive for vulnerable countries faced with specific trade, financial or development needs,

—

having regard to the Commission communication ‘Promoting decent work for all — the EU contribution to the implementation of the decent work agenda in the world’ (COM(2006)0249) (Commission communication on decent work),

—

having regard to the Commission Green Paper on the European Transparency Initiative (COM(2006)0194),

—

having regard to its resolution of 6 July 2006 on Fair Trade and development (16),

—

having regard to the Commission communication on Modernising Company Law and Enhancing Corporate Governance in the European Union — A Plan to Move Forward (COM(2003)0284) (Corporate Governance Action Plan),

—

having regard to the hearing on 5 October 2006 conducted by its Committee on Employment and Social Affairs, ‘Corporate Social Responsibility — is there a European approach?’,

—

having regard to Rule 45 of its Rules of Procedure,

—

having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Industry, Research and Energy and the Committee on Women's Rights and Gender Equality (A6-0471/2006),

A.

whereas companies should not be considered a substitute for public authorities when these fail to exercise control over compliance with social and environmental standards,

1.

Is convinced that increasing social and environmental responsibility by business, linked to the principle of corporate accountability, represents an essential element of the European social model, Europe's strategy for sustainable development, and for the purposes of meeting the social challenges of economic globalisation;

2.

Welcomes the fact that the Commission communication on CSR enables new impetus to be given to the EU debate on corporate social responsibility (CSR) but notes the concerns expressed by some key stakeholders about the lack of transparency and balance of the consultation procedure undertaken before adoption;

3.

Recognises that a debate remains open among different stakeholder groups on an appropriate definition of CSR and that the concept of ‘beyond compliance’ may enable some companies to claim social responsibility while at the same time not respecting local or international laws; believes that EU assistance to the governments of third countries in implementing social and environmental regulation consistent with international conventions, together with effective inspection regimes, are a necessary complement to advancing the CSR of European business worldwide;

4.

Recognises the Commission definition that CSR is the voluntary integration of environmental and social considerations into business operations, over and above legal requirements and contractual obligations; believes that CSR policies should be promoted on their own merits and should represent neither a substitute for appropriate regulation in relevant fields, nor a covert approach to introducing such legislation;

5.

Notes that the variety of voluntary CSR initiatives could be perceived as an obstacle to the adoption of CSR policies as well as a disincentive for companies to pursue more credible CSR actions or more ambitious CSR policies, though it could be argued that such variety provides companies with further inspiration; calls on the Commission to encourage the dissemination of good practices resulting from voluntary CSR initiatives; believes that the Commission should also consider establishing a list of criteria for enterprises to respect if they claim to be responsible;

6.

Believes that the credibility of voluntary CSR initiatives is further dependent on a commitment to incorporate existing internationally agreed standards and principles, and on a multi-stakeholder approach, as recommended by the MSF, as well as on the application of independent monitoring and verification;

7.

Believes that the EU debate on CSR has approached the point where emphasis should be shifted from ‘processes’ to ‘outcomes’, leading to a measurable and transparent contribution from business in combating social exclusion and environmental degradation in Europe and around the world;

8.

Recognises that many companies already make a considerable and increasing effort to meet their social responsibilities;

9.

Notes that markets and companies are at different stages of development across Europe; considers, therefore, that a one-size-fits-all method for corporate behaviour is not appropriate and will not lead to a meaningful uptake of CSR by companies; considers, furthermore, that emphasis should be placed upon the development of civil society and in particular consumer awareness about responsible production to promote the uptake of corporate responsibility which is both long-lasting and of relevance to the particular national or regional context;

10.

Points out that CSR should tackle new areas such as lifelong learning, the organisation of work, equal opportunities, social inclusion, sustainable development and ethics, so as to operate as an additional instrument for managing industrial change and restructuring;

11.

Notes the Commission's decision to set up a European Alliance for Corporate Social Responsibility in partnership with several business networks (Alliance); recommends that the Commission itself ensure a single point of coordination to maintain awareness of the Alliance's membership and activities, as well as agree clear objectives, timetables and strategic vision to inform the work of the Alliance; encourages European companies and third-country companies operating in Europe, large and small, to embrace that initiative, and the Alliance to be enhanced through the participation of other stakeholders;

12.

Believes that social dialogue has been an effective means of promoting CSR initiatives and that European works councils have also played a constructive role in developing best practices in relation to CSR;

13.

Suggests that a substantial increase in the uptake of CSR practices amongst EU companies, the development of new models of best practices by genuine leaders among companies and trade union bodies regarding different aspects of CSR, the identification and promotion of specific EU action and regulation to support CSR, and the assessment of the impact of such initiatives on the environment and on human and social rights could comprise the Alliance's core benchmarks of success; suggests also that a deadline of two years be set for completion of the work of the ‘laboratories’ set up under its umbrella as suggested by CSR Europe;

14.

Notes that reconvening the MSF was a late addition to the Commission communication on CSR and that measures need to be taken to build the confidence of different stakeholders in the fact that a genuine dialogue will take place leading to a real impact of EU policies and programmes to incentivise and apply CSR in EU business; believes that lessons should be learnt in relation to the two years during which the MSF previously operated, which were positive in terms of the ‘no fame, no shame’ rule and in particular the use of independent rapporteurs; points out, however, that improvements are needed in relation to consensusbuilding; also urges the case for Commission representatives to engage more actively in the debate;

15.

Calls on the Commission to invite representatives from a number of national, regional and local governments committed to using procurement and other public policy tools to advance CSR to form their own laboratory within the framework of the Alliance and to integrate its findings in the future work of the Alliance;

16.

Backs efforts by the Commission to extend membership of the MSF to include investors, the education sector and public authorities, whilst insisting that there must remain the opportunity for a sustained dialogue to achieve agreed goals;

17.

Calls on the Commission to encourage, in the monitoring of progress of CSR, greater female participation in the MSF and the exchange of information and good practices in the field of gender equality;

18.

Supports calls for mandatory disclosure for corporate and other lobbyists and for balanced access between business groupings and other stakeholder groups towards EU policy-making itself;

19.

Welcomes the objective of the Commission communication on CSR to link CSR to the economic, social and environmental aims of the Lisbon strategy, precisely because it considers that a serious approach to CSR by companies may contribute both to increasing job numbers and improving working conditions and ensuring respect for workers' rights and promoting research and development as regards technological innovations; supports the principle of ‘responsible competitiveness’ as an integral part of the Commission's Competitiveness and Innovation Programme (CIP); challenges European companies to include in their reporting how they are contributing to the Lisbon objectives;

20.

Recognises that effective competition rules, inside and outside Europe, are an essential element of ensuring responsible business practice, in particular by enabling the fair treatment of and access for locallybased SMEs;

21.

Reiterates that the implementation, within CSR, of responsible and non-discriminatory recruitment practices that promote the employment of women and disadvantaged persons contribute to the achievement of the Lisbon objectives;

22.

Notes a contradiction between competitive sourcing strategies by companies seeking continuous improvements in flexibility and cost on the one hand and voluntary CSR commitments seeking to avoid exploitative employment practices and promote long-term relationships with suppliers on the other; welcomes further dialogue on this point;

23.

Suggests, in this connection, that the assessment and monitoring of European companies acknowledged as being responsible be extended to cover their activities and those of their subcontractors outside the European Union in order to ensure that CSR also benefits third countries and in particular developing countries, in accordance with the ILO conventions concerning, in particular, the freedom to form trade unions, the ban on child labour and that on forced labour, and more specifically those relating to women, migrants, indigenous peoples and minority groups;

24.

Recognises CSR as an important driver of business and calls for the integration of social policies such as the respect for workers' rights, a fair wages policy, non-discrimination, and lifelong learning, and environmental issues focusing particularly on the dynamic promotion of sustainable development, both in support for new products and processes through EU innovation and trade policies, as well as in drawing up sector, sub-regional and city-based competitiveness strategies;

25.

Emphasises that undertakings demonstrating social responsibility make an important contribution towards redressing the inequalities that affect, in particular, women and disadvantaged persons, including disabled people, on the job market, not least as regards access to employment, welfare benefits, training, career development and a fair wages policy; emphasises that undertakings should conduct their recruitment policy in accordance with Council Directive 76/207/EEC of 9 February 1976 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 (17);

26.

Welcomes the trend in recent years for larger companies to publish voluntary social and environmental reports; notes that the number of such reports has been rising since 1993 but has now become fairly static and that only a minority of the reports use internationally accepted standards and principles, cover the company's full supply chain or involve independent monitoring and verification;

27.

Reminds the Commission of Parliament's invitation to put forward a proposal to amend the Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3)(g) of the Treaty on the annual accounts of certain types of companies (the Fourth Company Law Directive) (18) so that social and environmental reporting is included alongside financial reporting requirements; considers that it is important to raise awareness of the provisions concerning social and environmental reporting within the 2001 Commission Recommendation 2001/453/EC on environmental disclosure, Directive 2003/51/EC on accounts modernisation, and Directive 2003/71/EC (19) on prospectuses; supports the timely transposition of the Recommendation and Directives in all Member States, and calls for studies into their effective implementation in order to develop such awareness;

28.

Recognises the current limitations of the CSR ‘industry’ in relation to corporate behaviour measurement, social audit and certification, especially in relation to cost, comparability and independence, and believes that it will be necessary to develop a professional framework including specific qualifications in this field;

29.

Recommends that the Commission extends the responsibility of directors of companies with more than 1 000 employees to encompass the duty for the directors themselves to minimise any harmful social and environmental impact of companies' activities;

30.

Reiterates its support for the EU's Eco-Management and Audit Scheme, in particular its requirement for external verification and the obligation on Member States to promote the scheme, and believes that there is scope for developing similar schemes concerning the protection of labour, social and human rights;

31.

Supports the Code of Good Practice of the International Social and Environmental Accreditation and Labelling Alliance, as a leading example of promoting collaboration between existing labelling initiatives, in preference to the creation of new social labels at the national or European level;

32.

Calls on the Commission to implement a mechanism by which victims, including third-country nationals, can seek redress against European companies in the national courts of the Member States;

33.

Notes the omission from the Commission communication on CSR of the issue of socially responsible investment; backs full participation by investors as stakeholders in the CSR debate at the EU level including within the framework of the MSF; supports industry calls for transparency rather than prescription through the introduction of EU-wide ‘statement of investment principles’ for investment funds;

34.

Points out that consumers play an important part in the creation of incentives for responsible production and responsible business practices; believes, however, that the current situation is impenetrable for consumers because of the confusion between different national product standards and labelling schemes, all of which help to undermine the existing social product labels; draws attention to the fact that, at the same time, considerable costs are incurred by companies when switching between many different national requirements and standards; also points out that it is expensive to set up monitoring mechanisms to oversee social product labelling, particularly for smaller countries;

35.

Supports the efforts of Eurostat to develop indicators to measure performance related to CSR in the context of the EU Sustainable Development Strategy as well as the Commission's intention to develop new indicators in order to measure awareness and the consumption of EU eco-labelled products and the share of production from EMAS-registered enterprises;

36.

Recalls previous consideration given to the appointment of an EU ombudsman on CSR to undertake independent enquiries on CSR-related issues at the request of companies or any stakeholder group; invites further reflection about this and similar proposals in the future;

37.

Believes that CSR policies can be enhanced by better awareness and implementation of existing legal instruments; calls on the Commission to organise and promote awareness campaigns and monitor the implementation of the application of foreign direct liability according to the Brussels Convention, and on the application of Directives 84/450/EEC (20) on misleading advertising and 2005/29/EC on unfair commercial practices to adherence by companies to their voluntary CSR codes of conduct;

38.

Reiterates the need to use simple, easily understandable language so as to encourage companies to promote CSR;

39.

Restates that major efforts should be undertaken by the Commission and Member State governments at national, regional and local level to use the opportunities provided by the revision of the public procurement Directives in 2004 to support CSR by promoting social and environmental criteria amongst potential suppliers, while recognising the need to avoid imposing additional administrative burdens on small enterprises, which might dissuade them from tendering, and to disqualify companies where necessary including in instances of corruption; calls on the Commission, the European Investment Bank and the European Bank for Reconstruction and Development to apply strict social and environmental criteria to all grants and loans allocated to private sector companies, backed by clear complaints mechanisms, building on the example linking public procurement and compliance with the ILO Core Conventions and OECD Guidelines for Multinational Enterprises in the Netherlands and with the SA8000 CSR standard by several Italian provinces; recalls that Member States should take steps to ensure that any export credit guarantees comply with the highest environmental and social criteria and should not be used for projects that run counter to agreed EU policy goals concerning, for example, energy or armaments;

40.

Welcomes the commitments of the Commission, repeated in its communication on CSR to support and promote CSR across all of its fields of activity and calls for a major effort to translate these commitments into concrete actions across the board;

41.

Believes that the CSR debate must not be separated from questions of corporate accountability, and that issues of the social and environmental impact of business, relations with stakeholders, the protection of minority shareholders' rights and the duties of company directors in this regard should be fully integrated into the Commission's Corporate Governance Action Plan; points out that these issues should form part of the debate on CSR; asks the Commission to take these particular points into consideration and to advance firm proposals to address them;

42.

Welcomes direct financial support from the Commission for CSR initiatives, in particular to encourage innovation, to enable stakeholder involvement and to assist potential victims' groups in relation to alleged malpractice including corporate manslaughter; encourages the Commission to develop, in particular, mechanisms that ensure that communities affected by European companies are entitled to a fair and accessible process of justice; underlines the importance of the EU-budget line B3-4000 (item 04 03 03 01) for pilot projects such as those involving employee community engagement, hypothecated funds to support CSR within the CIP, and for 3% of social sciences and humanities research to be devoted to business in society under the Seventh Research Framework Programme; calls for far greater efforts to be made by the Commission to support CSR in relation to EU companies operating in third countries through its external assistance programmes;

43.

Welcomes the commitment to make education one of eight priority action areas, calls for a deeper integration of CSR in the Socrates programme, the provision of a broad range of CSR materials in a future European teaching resource centre, and the creation of a European online directory of business schools and universities on CSR and sustainable development;

44.

Encourages initiatives at EU and Member State level to improve the teaching of responsible management and production in Europe's business schools;

45.

Points out that social and environmental responsibility applies to governmental and non-governmental organisations as much as it does to business, and calls on the Commission to fulfil its commitment to publish an annual report on the social and environmental impact of its own direct activities, as well as developing policies to encourage the staff of EU institutions to undertake voluntary community engagement;

46.

Considers that, as part of CSR, companies could sponsor cultural and educational activities that offer added value to European policies in the field of culture and lifelong learning;

47.

Calls on the Commission better to integrate CSR in its trade policies, whilst respecting WTO rules and not creating unjustified trade barriers by seeking to introduce provisions in all bilateral, regional or multilateral agreements binding articles in compliance with internationally agreed CSR standards such as the OECD Guidelines for Multinational Enterprises, the ILO's Tripartite Declaration and Rio Principles, as well as reservation of regulatory powers on issues of human rights, social and environmental responsibility; welcomes the support given to these objectives in the Commission communication on decent work; repeats its call for Commission delegations in third countries, acting within their competence, to promote and act as contact points in relation to the OECD Guidelines; calls on the Commission and Member States to improve the functioning of national contact points (NCPs) in particular in dealing with specific instances raised concerning alleged violations throughout operations and supply chains of European companies worldwide;

48.

Notes the contribution made by the international fair trade movement in pioneering responsible business practices for sixty years and proving that such practices are viable and sustainable throughout the supply chain; calls on the Commission to take the experience of the fair trade movement into account and to explore systematically how that experience could be used in the context of CSR;

49.

Asks the Commission to make sure that EU-based transnational companies with production facilities in third countries, in particular those participating in the GSP+ scheme, abide by core ILO standards, social and environmental covenants and international agreements to achieve a worldwide balance between economic growth and higher social and environmental standards;

50.

Welcomes the commitment of the European Consensus on Development to support CSR as a priority action; calls for practical action for the Commission's Directorate-General for Development to play an active role in the debate, to examine working conditions and conditions in using natural resources in the developing world, to work with domestic enterprises as well as the overseas operations of EU companies, sub-contracting enterprises and their stakeholders, to tackle abuse and malpractice in supply chains, to combat poverty and to create equitable growth;

51.

Suggests that the Commission target the participation of SMEs in CSR through joint working with intermediary bodies, offering specific support for the participation of cooperatives and social economy businesses through their specialist associations, use the network of European Information Centres to promote CSR initiatives directly, and consider the appointment of a CSR envoy, similar to the SME Envoy within the Commission's Directorate-General for Enterprise and Industry;

52.

Recommends that the Commission conduct an in-depth Europe-wide study on the different ways in which SMEs might participate in CSR and on the incentives for them to adopt CSR principles on a voluntary individual basis, and that it learn the proper lessons from the experience acquired and good practice in this area;

53.

Welcomes the commitment in the Commission communication on CSR to enhance the participation of employees and their trade unions in CSR and reiterates its call for the Commission and social partners to build on the successful negotiation of now 50 International Framework Agreements and 30 European Framework Agreements in relation to mainly core labour standards for individual companies or sectors as one approach to developing corporate responsibility in Europe and the world; refers to the European works councils which are particularly suited to promoting CSR and, in particular, to advancing workers' fundamental rights in multinational companies;

54.

Stresses the importance of the role of the social partners in promoting women's employment and combating discrimination; encourages the social partners to take initiatives, within a CSR framework, to encourage increased participation of women in company boards , works councils and social dialogue bodies;

55.

Recommends that future CSR research go beyond the simple ‘business case’ for CSR, to focus on the link between competitiveness and sustainable development, at the macro level (the EU and the Member States), the meso level (industry sectors and supply chains) and the micro level (SMEs), and the interrelationship between them, as well as the impact of current CSR initiatives and possible violations of CSR principles; supports the leading role played by the European Academy of Business in Society in this respect; calls on the Commission to publish an authoritative ‘Annual State of CSR’ drawn up in cooperation with independent experts and researchers collating existing information, describing new trends and providing recommendations for future actions;

56.

Believes that the potential impact of CSR policies remains greatest in relation to companies' global supply chains, to enable responsible investment by companies to assist in the fight against poverty in developing countries, to promote decent working conditions, to support principles of fair trade and good governance, as well as to reduce the incidence of breaches of international standards, including labour standards, by corporations in countries where regulatory regimes are weak or non-existent;

57.

Calls on the Commission to launch specific research into the impact of CSR policies and to put forward proposals to increase responsible investment by firms and their responsibility;

58.

Recognises that a number of international CSR initiatives are more deeply rooted and have attained a new maturity, including the recent publication of the Global Reporting Initiative's G3 Sustainability and Reporting Guidelines, the removal of 200 companies by UN Global Compact and the appointment of a UN Secretary-General Special Representative on business and human rights;

59.

Expresses disappointment that the Commission did not accord greater priority to promoting global initiatives in its communication on CSR and calls on the Commission working with Member States and stakeholders both to develop a strategic vision and to contribute to the development of CSR initiatives at a global level, as well as a major effort significantly to raise participation in such initiatives by EU companies;

60.

Calls on the Member States and the Commission to support and promote respect for ILO core standards as a factor in the CSR of undertakings in the areas in which they operate;

61.

Believes that the international dimension of CSR should be a stimulus for guidelines to be drawn up promoting the development of such policies throughout the world;

62.

Calls on the Commission, working with other relevant partners, to organise a major international initiative in 2007 to mark the fifth anniversary of the commitment agreed at the World Summit on Sustainable Development to undertake inter-governmental initiatives in the field of corporate accountability;

63.

Calls on the Commission to build on the success of the transatlantic business dialogue on CSR that took place during the 1990s, by organising a similar exercise between the EU and Japan;

64.

Encourages the further development of international initiatives for full revenue transparency by European companies on their activities in third countries, to uphold full respect for human rights in their operations in conflict zones and to reject lobbying including ‘host-country agreements’ drawn up by companies to undermine or evade the regulatory requirements in such countries;

65.

Calls on the Commission and the Member States to contribute to supporting and strengthening the OECD Guidelines for Multinational Enterprises, in particular by conducting a review of the functionality of European NCPs and their role in effectively mediating between stakeholders to resolve conflicts; calls for the development of a model for European NCPs including best practices on their institutional set-up, visibility, accessibility for all stakeholders, and handling of complaints; calls for a broad interpretation of the definition of investment in the application of the OECD Guidelines to ensure supply-chain issues are covered under implementation procedures;

66.

Calls for support for the development of the Global Reporting Initiative by inviting leading EU companies to participate in new sectoral approaches covering such areas as construction, chemicals and agriculture; to foster research on participation by SMEs, to enable outreach work particularly in central and eastern European countries, and to develop sustainability indices in conjunction with stock exchanges in emerging markets;

67.

Calls on the Commission to include in future cooperation agreements with developing countries chapters on research, monitoring and help to remediate social, human and environmental problems in operations and supply chain of EU-based companies in third countries;

68.

Welcomes, in principle, the discussions taking place in the International Organization for Standardization on the creation of a standard for social responsibility and calls on European representation to ensure that any outcome is consistent with international standards and agreements, and allows an opportunity to develop parallel methods of external assessment and certification;

69.

Instructs its President to forward this resolution to the Council, the Commission and all institutions and organisations named within it.

—

having regard to the Commission communication entitled ‘A roadmap for equality between women and men 2006-2010’ (COM(2006)0092),

—

having regard to Council Decision 2001/51/EC of 20 December 2000 establishing a Programme relating to the Community framework strategy on gender equality (2001-2005) (1), and to Parliament's position of 15 November 2000 on the subject (2),

—

having regard to the United Nations legal instruments in the sphere of human rights and especially women's rights, in particular the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), and other UN instruments relating to violence against women, for example the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights of 14-25 June 1993 in Vienna, and the Resolution on the elimination of violence against women of 20 December 1993 (3), the Resolution on the elimination of domestic violence against women of 19 February 2004 (4), the Resolution on working towards the elimination of crimes against women committed in the name of honour of 20 December 2004 (5), and the Resolution on crime prevention and criminal justice measures to eliminate violence against women of 2 February 1998 (6),

—

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 (7) and of 10 March 2005 on the follow-up to the Fourth World Conference on Women — Platform for Action (Beijing+10) (8),

—

having regard to the report of the UN Secretary-General of 6 July 2006 entitled ‘In-depth study on all forms of violence against women’ (9),

—

having regard to the final report adopted in March 2005 at the 49th session of the UN Commission on the Status of Women,

—

having regard to the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, also known as the ‘Maputo Protocol’, which came into force on 25 November 2005 and which among other things prohibits all forms of genital mutilation,

—

having regard to UN Security Council Resolution 1325 of 31 October 2000 on women, peace and security (10), which calls for greater involvement of women in the prevention of armed conflicts and in peace-building,

—

having regard to the report delivered in May 2003 by the Commission's Advisory Committee on Equal Opportunities for Men and Women, on gender budgeting,

—

having regard to the presidency conclusions issued following the Lisbon Extraordinary European Council of 23-24 March 2000, the Stockholm European Council of 23-24 March 2001, the Barcelona European Council of 15-16 March 2002, and the Brussels European Councils of 20-21 March 2003 and 25-26 March 2004,

—

having regard to Council Decision 2005/600/EC of 12 July 2005 on Guidelines for the employment policies of the Member States (11),

—

having regard to its resolution of 19 January 2006 on the future of the Lisbon Strategy from the point of view of the gender perspective (12),

—

having regard to its resolution of 9 March 2004 on reconciling professional, family and private lives (13),

—

having regard to its resolution of 11 February 2004 on the organisation of working time (Amendment of Directive 93/104/EC) (14),

—

having regard to its resolution of 2 February 2006 on the current situation in combating violence against women and any future action (15),

—

having regard to its resolution of 17 January 2006 on strategies to prevent the trafficking of women and children who are vulnerable to sexual exploitation (16),

—

having regard to its resolution of 24 October 2006 on women's immigration: the role and place of immigrant women in the European Union (17),

—

having regard to the Ministerial Declaration of the Conference of Ministers of Gender Equality, adopted on 4 February 2005 in Luxembourg,

—

having regard to the European Pact for Gender Equality adopted by the Brussels European Council of 23-24 March 2006,

—

having regard to the Commonwealth Plan of Action for Gender Equality 2005-2015,

—

having regard to Rule 45 of its Rules of Procedure,

—

having regard to the report of the Committee on Women's Rights and Gender Equality and the opinions of the Committee on Development, the Committee on Employment and Social Affairs, the Committee on Industry, Research and Energy, and the Committee on Civil Liberties, Justice and Home Affairs (A6-0033/2007),

A.

whereas the Vienna Declaration, adopted at the UN World conference on Human Rights on 25 June 1993, states that ‘The human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights’, and whereas equality between women and men is a fundamental right and principle of the EU, recognised by the Treaty establishing the European Community and by the Charter of Fundamental Rights of the European Union; whereas in spite of the significant progress made in this field, many inequalities between women and men remain,

B.

whereas violence against women is the most widespread human rights violation and knows no geographical, economic, or social limits, and whereas, despite the efforts brought to bear at national, Community, and international level, the number of women who are victims of violence is alarming (18),

C.

whereas the term ‘violence against women’ is to be understood as any act of gender-based violence which results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion, or the arbitrary deprivation of liberty, whether occurring in public or private life,

D.

whereas the risk of poverty affects women to a greater extent, including working women (19), and, particularly, older women, women who head one-parent families, teenage-mothers and women working in family businesses, on account of continuing gender discrimination and inequalities as regards training, personal services, access to employment, family responsibilities, pension entitlements, and the legal safeguards provided in the event of separation or divorce, especially where economically dependent women are concerned,

E.

whereas the entire body of cultural and social principles and values on which the EU and the Member States are founded, such as respect for human rights, the dignity of the human person, equality, dialogue, solidarity and participation, is a heritage shared by all EU citizens and residents, the assimilation of whom is a priority for the EU and a factor contributing to emancipation and integration, especially for women and girls isolated by language, cultural, or religious barriers,

F.

whereas more consideration should be given to gender budgeting with a view to effective governance of equal opportunities policies; and whereas appropriate knowledge and experience at European, national, or regional level would enable it to be applied without further delays to the budget and to Community programmes when they are drawn up, implemented, and assessed (20),

G.

whereas Articles 3(2), 13, and 152 of the Treaty describe the role of the Community in bringing about gender equality in policies to protect human health,

H.

whereas to reach the Lisbon targets for female employment, further action will need to be taken under the open method of coordination, based on existing good practice at national or regional level, and allowing in particular for the fact that training and employment access policies, work-life balance policies, services, and the promotion of women's participation in decision-making are linked in an interdependent relationship; and whereas, in that perspective a particular effort ought to be made to ensure socio-economic cohesion, to put an end to the gender digital divide and to promote the role of women in science,

I.

whereas, despite Community legislation and national provisions on equal pay, a wide pay gap between the two sexes persists, with women in the EU earning on average 15 % less than men, a gap which is narrowing much more slowly than the disparity in employment rates between the two sexes,

J.

whereas women often have fewer pension entitlements than men, either because of their lower pay or because their professional career is shorter and has been interrupted because of their greater family responsibilities,

K.

whereas policies to reconcile family and working life must be aimed at women and men alike and consequently require a comprehensive approach enabling discrimination against women to be taken into account and future generations to be treated as an asset to society as a whole,

L.

whereas, while women make up 52 % of the European population, that percentage is not reflected in terms of access to, and participation in, positions of power; whereas the fact of being representative of society as a whole serves to enhance governance and to make policies more relevant to the public at large; whereas, furthermore, a variety of solutions (laws, agreements, or political initiatives) can be employed at national level to ensure women are represented in decision-making bodies,

M.

whereas the ‘i2010’ (A European Information Society for growth and employment 2010) strategic framework proposed in Commission communication COM(2005)0229 is aimed, among other things, at improving quality of life by enabling everyone to participate in the information society,

1.

Notes the Commission's determination to pursue the equal opportunities strategy on a multi-annual basis, as it enables the pursuit of a long-term strategy to promote equality at EU level, but points out that the roadmap fails to specify the responsibilities of the Commission and the Member States as regards implementation and information to citizens, and that it does not specify the funds that will be allocated to implement its recommendations;

2.

Acknowledges the dual approach to promoting equality, whereby all areas of policy should be mainstreamed at the same time as specific measures are implemented to promote equality;

3.

Calls on the Commission to draw up an overall framework for the assessment of policies and programmes to promote gender equality, including resulting national policies; calls, in particular, for an indepth assessment of the Community framework strategy on gender equality (2001-2005) (21) and for an analysis of the implementation of the directives on equal opportunities, especially Directives 86/613/EEC (22), 89/391/EEC (23), 92/85/EEC (24) and 2003/41/EC (25) with a view to laying down, using reliable data and statistics, a coherent programming, implementation, monitoring, and assessment cycle for the purposes of the roadmap; believes, to that end, that the European Institute for Gender Equality needs to be set up quickly so as to enable progress under the roadmap to be constantly monitored;

4.

Calls on the Commission to treat gender equality policy not just as a priority for the EU, but also, and above all, as an indispensable requirement of respect for the rights of the individual; considers that such an approach should translate into an effort to coordinate and strengthen European and national measures providing for the legal protection of women and children, in particular:

and calls on the Commission to:

and invites Member States to:

5.

Calls on those Member States which have not yet done so to ratify, without further delay, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women, and Children, supplementing the UN Convention against Transnational Organized Crime (one of the ‘Palermo Protocols’), and the Council of Europe's Convention on Action against Trafficking in Human Beings and to implement Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (26);

6.

Considers that the requirement to respect women's rights, in the same way as other human rights, is central to accession negotiations with applicant countries; calls, therefore, on the Commission to monitor statistics on acts of discrimination and violence of which women are victims in applicant countries, and communicate them to Parliament and to the Council, and to actively encourage acceding countries to take part in the Community's Progress and Daphne programmes;

7.

Stresses that respect for women's rights must be an essential condition of the EU's neighbourhood, foreign and development policies; in this context:

8.

Requests that the Commission take steps to guarantee women their rights in relation to health, including sexual and reproductive health; reaffirms that it is essential, especially for combating HIV/AIDS, to increase access to information relating to sexual and reproductive health and to health services;

9.

Recognises that girls are particularly vulnerable to violence and discrimination, and calls for greater efforts to be made to protect girls against all forms of violence, including rape, sexual exploitation and forced recruitment into the armed forces, and to foster policies and programmes to promote the protection of girls' rights in conflict and post-conflict situations;

10.

Requests the Commission to honour its undertaking to present a communication on ‘A European Vision on Gender Equality in Development Cooperation’;

11.

Calls on the Commission to ensure coordination between the EU and the UN as regards equal opportunities policies and girls' rights; reaffirms the importance of promoting close cooperation with European and international, regional and/or bilateral institutions, including UN bodies, in order to harmonise, as regards gender, approaches in the fields of development cooperation and humanitarian aid, especially by strengthening the link between the Peking Platform for Action and the Cairo Programme of Action, the CEDAWand its optional protocol, and the MDGs;

12.

Calls on the Commission to ensure that policies on Africa and the national development strategies of African countries promote the ratification and implementation of the Maputo Protocol in all African countries, paying particular attention to Article 5, which condemns and prohibits all forms of genital mutilation;

13.

Welcomes the Commission's commitment to promote the implementation of the abovementioned UN Security Council Resolution 1325, and to develop guidelines for gender mainstreaming in crisismanagement training activities;

14.

Calls on the Member States and the Commission to take practical steps to promote the emancipation and economic and social integration of migrant women, including in particular, under the joint Framework for the Integration of Third-Country Nationals, measures to foster language skills and understanding of the rights and duties deriving from the Community acquis, international agreements, the principles and laws applying in host countries (which, among other things, prohibit polygamy under the cloak of family reunification) and from the EU's core values, by drawing up specific training policies in equal opportunities, nondiscrimination on grounds of gender and intervention from the gender perspective; programmes to combat discrimination in access to jobs and at work; support for immigrant women's business projects that foster the maintenance and diffusion of the cultural wealth of their countries of origin and the creation of and support for public fora for immigrant women in which they are actively represented;

15.

Recommends that the Member States and the Commission provide for the financing of programmes aimed at giving information in the countries of origin on the prerequisites for immigrants' arrival and stay in the EU and on the dangers associated with illegal immigration;

16.

Calls on the Commission to launch initial gender mainstreaming pilot projects, focusing on the EU's general budget and Community programmes, especially the Structural Funds, the seventh framework programme of the European Community for research, technological development and demonstration measures (2007-2013), the Programme of Community action in the field of health and consumer protection (2007- 2013), and the programme of Community action in the field of public health (2003-2008); believes that the pilot projects should address the impact of the general budget on gender equality (horizontal approach) and the effectiveness of specific reserves for women or projects proposed by women, as well as analysing the difficulties that women encounter in participating in the programmes (specific approach);

17.

Calls on the Member States to add to, or strengthen, their national employment and social integration plans so as to include measures to help women enter the labour market on a footing of equal dignity and equal pay for equal work and to promote female entrepreneurship, and to identify and support new work opportunities in the social and health sector and in personal and family services, in which the labour force consists mostly of women, emphasising the economic and social value of such work and providing the regulation required to guarantee the quality of the services, the recognition of the social rights and the dignity of those who deliver them, as well as helping reduce the risk of poverty; considers that due to the unfavourable position of women in the social and economic field, characterised by higher levels of unemployment and lower wages than men, women are at greater risk of exploitation;

18.

Calls on the Member States to implement concrete strategies to reinforce female entrepreneurship, using, for example, the opportunities offered by ICT, and measures to facilitate access for female entrepreneurs to bank loans and services, particularly with regard to microfinancing and measures in support of women's entrepreneurial networks;

19.

Notes that the challenges faced by the Member States and the EU in the area of gender equality are increasing as a result of intensified global economic competition and the subsequent demand for an ever more flexible and mobile labour force; highlights that women continue to suffer from social, employment and other forms of discrimination and that these requirements are likely to have a stronger impact on women than on men; considers that this situation should not be permitted to undermine gender equality and women's reproductive rights;

20.

Calls on the Member States to appoint a national official to take charge of gender equality for the purposes of implementing the Lisbon strategy, whose task should be to help draw up and revise the respective national plans and monitor their implementation so as to encourage gender mainstreaming and budgeting as regards the policies and targets laid down in the plans;

21.

Regrets the fact that the gender pay gap is still as high as 15 %; calls on the Commission, as a matter of priority, to revise Council Directive 75/117/EEC (27), especially those points relating to labour inspectorates and the legal remedies available in the event of discrimination; calls upon the Commission, too, to ensure that the directive on equal pay is applied in such a way that women do not suffer discrimination on account of their shorter experience of working life due to their bringing up children;

22.

Calls on the Commission, in collaboration with the Member States and its social partners, to encourage the creation of policies to reconcile family and working life, namely by

23.

Asks the Commission to ensure that gender impact is considered properly when reviewing or developing EC legislation, such as Directive 93/104/EC, and that the Commission acts appropriately where a negative gender impact is likely, such as in the case of that directive; calls on the Council to end the optout from the said directive, as it is more damaging to women than to men and makes it harder to reconcile work and family life;

24.

Calls on the Commission to take into account the outcome of the Conference on Men and Gender Equality, organised by the Finnish Presidency of the Union and the role of men in the achievement of gender equality;

25.

Calls on the Commission, drawing on the work of the European Institute for Equality between Men and Women and proceeding from the progress monitored by the decision-making database (29), to assess good practice at international, national, or regional level enabling women to participate in decision-making, and to encourage its dissemination and adoption, inter alia by supporting a network of women involved in the decision-making process;

26.

Urges the Member States to establish and implement clear targets and timetables for increasing women's participation in all forms of decision-making and ensuring that they are more strongly represented in political life;

27.

Considers it important to promote participation by women in scientific and research careers; to this end, policies and instruments are required which together ensure gender balance and excellence in those professions;

28.

Considers that the presence of women in the scientific professions is encouraged not least by offering contractual solutions such as study grants or part-time work grants to help reconcile family and working life;

29.

Believes that, if the media were to publicise good examples of both women's roles in society and their achievements in all sectors, which must be highlighted in order to create positive images of women and to encourage the involvement of other women and men in achieving gender equality and a work-life balance, this would help greatly to combat the negative stereotypes which women face; calls on the Commission, therefore, to encourage initiatives, under the Media 2007 programme for example, to raise awareness in the media, through, for example, permanent consultation forums with members of that sector, of the stereotypes that they convey and to promote equal opportunities, particularly with a view to informing and raising awareness among young men and women;

30.

Encourages the Member States to take measures to eliminate gender stereotypes, especially on the labour market and to promote men's presence in sectors and positions predominantly occupied by women, in primary schools and in care facilities, for example;

31.

Urges the Commission to include the rights of and problems faced by transgender persons into the roadmap, in accordance with recent rulings by the Court of Justice of the European Communities;

32.

Calls on the Commission to set up a gender mainstreaming and gender-awareness training for Commissioners, the highest levels of civil servants, and within all management training for European civil servants;

33.

Calls on the Commission to promote the use, in all official EU documents and in interpretation into all the official languages of the EU, of terminology that is gender-sensitive and capable of addressing all the cultures concerned;

34.

Calls on the European institutions and agencies to promote gender equality at administrative level and aim for parity between women and men in recruitments and appointments, notably for high-level positions;

35.

Calls on the Commission to devote a separate chapter of the Annual Report on Equal Opportunities for Women and Men in the European Union to the roadmap and to report in that chapter on the progress made with regard to the roadmap;

36.

Calls on the Commission to report regularly to Parliament's appropriate committee(s) on the monitoring of progress in connection with the roadmap, among other things by means of public country-bycountry reports;

37.

Instructs its President to forward this resolution to the Council, the Commission, the European Economic and Social Committee, and the Committee of the Regions, and to the executive and elective bodies responsible for equal opportunities at local, regional, and national level.

—

having regard to Commission Recommendation 2005/737/EC of 18 October 2005 on collective crossborder management of copyright and related rights for legitimate online music services (1) (hereinafter ‘the Recommendation’),

—

having regard to the Treaty establishing the European Community, in particular Articles 95 and 151 thereof,

—

having regard to Articles II-77 and II-82 of the Charter of Fundamental Rights of the European Union,

—

having regard to Article III-181 of the Treaty establishing a Constitution for Europe,

—

having regard to the international agreements in force which apply to music rights, namely the Rome Convention of 26 October 1961 for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty of 20 December 1996, the WIPO Performances and Phonograms Treaty of 20 December 1996 and the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of 15 April 1994,

—

having regard to the body of EC law (‘acquis communautaire’) in the area of copyright and related rights which applies to music rights, namely Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and certain rights related to copyright in the field of intellectual property (2), Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (3), Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (4) and Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (5),

—

having regard to the Commission's Green Paper on copyright and related rights in the Information Society (COM(1995)0382),

—

having regard to its resolution of 15 May 2003 on the protection of audio-visual performers (6),

—

having regard to its resolution of 15 January 2004 on a Community framework for collective management societies in the field of copyright and neighbouring rights (7),

—

having regard to the Commission's Communication of 16 April 2004 on the Management of Copyright and Related Rights in the Internal Market (COM(2004)0261),

—

having regard to its resolution of 5 July 2006 on implementing the Community Lisbon Programme: more research and innovation — investing for growth and employment: A common approach (8),

—

having regard to its resolution of 6 July 2006 on freedom of expression on the Internet (9),

—

having regard to Rule 45 of its Rules of Procedure,

—

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Culture and Education (A6-0053/2007),

A.

whereas the Commission failed to undertake a broad and thorough consultation process with interested parties and with Parliament before adopting the Recommendation; whereas all categories of rightholders must be consulted on any future regulatory activities in this area so as to ensure a fair and balanced representation of interests,

B.

whereas the Commission's omission to involve Parliament formally is unacceptable, particularly in view of Parliament's above-mentioned resolution of 15 January 2004, given that the Recommendation clearly goes further than merely interpreting or supplementing existing rules,

C.

whereas it is unacceptable that a ‘soft law’ approach was chosen without prior consultation and without the formal involvement of Parliament and the Council, thereby circumventing the democratic process, especially as the initiative taken has already influenced decisions in the market to the potential detriment of competition and cultural diversity,

D.

whereas the Recommendation seeks merely to regulate the online sale of music recordings, but could — owing to its imprecise wording — also be applied to other online services (e.g. broadcasting services) containing music recordings; whereas the resulting lack of clarity as to the applicability of differing licensing systems leads to legal uncertainty and entails disadvantages, particularly for online broadcasting services,

E.

whereas there is a risk that right-holders complying with the recommendation in respect of their interactive online rights would deprive local collective rights managers (CRMs) of other rights (e.g. those relating to broadcasting), thus preventing users of those rights from acquiring user rights for a diversified repertoire from one and the same CRM,

F.

whereas it is unacceptable that the Commission should be intending to adopt a recommendation on the current system of fair compensation for private copying, as referred to in Article 5(2)(b) of Directive 2001/29/EC, thereby once again circumventing the democratic process applicable to the regulation of copyright and related rights,

G.

whereas it is important to avoid the possible threats and to strike a reasonable balance between the rights and interests of the various stakeholders,

H.

whereas music is not a commodity and collective rights managers are mainly non-profit-making organisations, and whereas introducing a system based on controlled competition serves the interests of all right-holders and of promoting cultural diversity and creativity,

I.

whereas national CRMs should continue to play an important role in providing support for the promotion of new and minority right-holders, cultural diversity, creativity and local repertoires, which presupposes that national CRMs should retain the right to charge cultural deductions,

J.

whereas the existing network of national CRMs plays an important role in providing financial support for the promotion of new and minority European repertoire and whereas this should not be lost,

K.

whereas greater, but controlled, competition in the collective management of copyright and related rights in the online music sector can be beneficial to all parties and underpin cultural diversity, provided that it is fair and transparent and that competition concerns only the quality and cost of provision of the service in question without affecting the value of the rights,

L.

whereas there is concern about the potentially negative effects of some provisions of the Recommendation on local repertoires and on cultural diversity given the potential risk of favouring a concentration of rights in the bigger CRMs, and whereas the impact of any initiative for the introduction of competition between rights managers in attracting the most profitable right-holders must be examined and weighed against the adverse effects of such an approach on smaller right-holders, small and mediumsized CRMs and cultural diversity,

M.

whereas the ability of right-holders and users to choose a CRM regardless of the Member State in which they are located must:

N.

whereas the existing system of reciprocal agreements and the reciprocal collection of royalties should be preserved so that competition is introduced on the basis of the efficiency and quality of the services that CRMs can offer and the percentage share represented by administrative costs, and users which are engaged in the online sale of music recordings are licensed on the basis of the tariff applicable in the country where the act of copyright consumption by the individual user will take place, and whereas Member States, in full coherence with the rules for cross-border broadcasting set out in the Satellite and Cable Directive 93/83/EEC, should create legal certainty for providers of online services other then the online sale of music and should enable such other users to apply for the necessary legal consents and duly pay equitable royalties to all categories of right-holders on fair, reasonable and non-discriminatory terms,

O.

whereas the system of reciprocal representation agreements should be maintained, as it enables all commercial and individual users without discrimination to have equal access to the world repertoire, ensures better protection for the right-holders, guarantees real cultural diversity and stimulates fair competition in the internal market,

P.

whereas CRMs should be free to provide commercial users based anywhere in the EU with pan-European and multi-repertoire licences for cross-border and online uses and use in mobile telephony and other digital networks where they are in a position appropriately to administer the exploitation of the rights licensed, and whereas such multi-territorial licenses should be granted on fairly negotiated conditions without discrimination between users, ensuring interoperability between different technological platforms so that CRM licensing practices do not result in competitive distortions among different users of rights and different non-interoperable technological transmission means,

Q.

whereas the existence of one-stop shops where commercial users may obtain a licence concerning the world repertoire for the territories they need, in combination with a high degree of protection for rightholders by avoiding forum-shopping (users seeking out the CRM that provides the cheapest licences), should be at the centre of the close cooperation between CRMs; whereas, in order to maintain a onestop- shop, the existing system of reciprocal collection of royalties should be preserved, in combination with a high degree of protection for right-holders, so as to avoid downward pressure on revenues, whilst also ensuring that undesirable exclusive mandates inimical to fair competition may not be granted,

R.

whereas, especially with regard to possible abuses of monopolies, there is a need for better governance of some CRMs through improved solidarity, transparency, non-discrimination, fair and balanced representation of each category of right-holders and accountability rules combined with appropriate control mechanisms in Member States; whereas CRMs should provide their services on the basis of the three key principles of efficiency, fairness and transparency,

S.

whereas, whenever rights are managed collectively, equitable and effective dispute-settlement mechanisms should be introduced in the Member States to ensure that right-holders and users have access to a means of settling disputes, without prejudice to everyone's right to judicial review, and whereas, consequently, equitable, impartial and effective dispute-settlement mechanisms based on clear and relevant criteria should be introduced in the Member States for all stakeholders,