24.2.2010   

EN

Official Journal of the European Union

CE 46/1

—

having regard to the Council Regulation (EC) No 1946/2005 of 14 November 2005 amending Regulation (EC) No 2007/2000 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process (1),

—

having regard to the Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (2),

—

having regard to the Presidency Conclusions of the Thessaloniki European Council of 19-20 June 2003, at which the promise was made to all Western Balkan states that they would join the European Union,

—

having regard to the European Council decision of 16 December 2005 to grant the Former Yugoslav Republic of Macedonia the status of candidate country for EU membership and the Presidency Conclusions of the European Councils of 15-16 June 2006, of 14-15 December 2006 and of 19-20 June 2008,

—

having regard to the decision adopted by the European Council on 3 October 2005 to open accession negotiations with Croatia,

—

having regard to the Communication from the Commission of 5 March 2008 on ‘Western Balkans: Enhancing the European perspective’ (COM(2008)0127),

—

having regard to Resolution 1244 of the United Nations Security Council of 10 June 1999,

—

having regard to its resolution of 29 March 2007 on the future of Kosovo and the role of the EU (3),

—

having regard to its position of 12 October 2006 on the proposal for a Council decision on providing exceptional Community financial assistance to Kosovo (4),

—

having regard to its resolution of 23 April 2008 on the 2007 Progress Report on the Former Yugoslav Republic of Macedonia (5),

—

having regard to its resolution of 10 April 2008 on Croatia's 2007 progress report (6),

—

having regard to its recommendation to the Council of 15 March 2007 on Bosnia-Herzegovina (7),

—

having regard to its recommendation to the Council of 25 October 2007 on relations between the European Union and Serbia (8),

—

having regard to its position of 6 September 2006 on the proposal for a Council and Commission decision concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (9),

—

having regard to its position of 13 December 2007 on the proposal for a Council and Commission decision on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part (10),

—

having regard to the Communication from the Commission of 31 January 2007 on the Extension of the major trans-European transport axes to the neighbouring countries - Guidelines for transport in Europe and neighbouring regions (COM(2007)0032),

—

having regard to the Communication from the Commission of 5 March 2008 concerning the progress of exploratory talks regarding cooperation in the field of transport with the neighbouring countries (COM(2008)0125),

—

having regard to the Treaty establishing the EU-South Eastern Europe Energy Community which was signed in Athens on 25 October 2005,

—

having regard to the Communication from the Commission of 6 November 2007 on the Enlargement Strategy and Main Challenges 2007-2008 (COM(2007)0663),

—

having regard to its resolutions of 16 March 2006 on the Commission's 2005 enlargement strategy paper (11) and of 13 December 2006 on the Commission's Communication on the Enlargement Strategy and Main Challenges 2006-2007 (12),

—

having regard to all other previous resolutions on the countries of the Western Balkans,

—

having regard to Rule 45 of its Rules of Procedure,

—

having regard to the report of the Committee on International Trade and the opinions of the Committee on Foreign Affairs and the Committee on Regional Development (A6-0489/2008),

A.

whereas the Thessaloniki European Council clearly formulated ‘the European perspective’ of the Western Balkan states and indicated that the Stabilisation and Association Process would constitute the overall framework for European relations with the Western Balkan countries,

B.

whereas Croatia is currently engaged in accession negotiations with the European Union and the Former Yugoslav Republic of Macedonia obtained candidate status in 2005,

C.

whereas EU trade concessions and EU financial assistance have played a central role in the Western Balkans' Stabilisation and Association Process,

D.

whereas Croatia is well on the way to full membership of the European Union, with prospects of concluding the negotiations in 2009, has continued to meet the Copenhagen political and economic criteria and has been recognised as having a functioning market economy, which could serve as a positive example to the other countries in the region,

E.

whereas on 17 February 2008 the Kosovo Assembly adopted a resolution which declared Kosovo to be independent; whereas the Council agreed on 18 February 2008 that Member States would decide, in accordance with national practice and international law, on their relations with Kosovo; whereas overall EU assistance to Kosovo is estimated at over EUR 1 000 000 000 for the period 2007-2010 covering support to Kosovo's political and economic development and financing the EU contribution to the international presence in Kosovo,

F.

whereas economic prosperity and full integration into the internal market and world trade system are essential for long-term stability and for sustainable economic and social growth in the whole Western Balkan region,

G.

whereas sensitively phased-in market opening in the Western Balkan countries, including a country-by-country approach, fostering mainly the establishment of a regional market, is expected to contribute significantly to the process of political and economic stabilisation in the region,

H.

whereas increased economic cooperation in the Western Balkan region also offers positive prospects for growth for the economies of the South-Eastern EU Member States and will foster their deeper integration into the single market,

I.

whereas the Central European Free Trade Agreement (CEFTA) consolidated 32 bilateral free trade agreements in the Southern European Region into a single comprehensive regional free trade agreement that enhances the existing level of liberalisation in the region through a single network of equitable, transparent and predictable rules,

J.

whereas the economic growth of the Western Balkans varies significantly, ranging in 2006 from 3% in the Former Yugoslav Republic of Macedonia to 10,3% for Montenegro; whereas the unemployment rates vary, in 2007 ranging from high unemployment rates such as in Kosovo (40%) down to lower rates such as in Montenegro (11,9%),

K.

whereas the economies of the Western Balkans are highly dependent on foreign trade and whereas total imports and exports account for a substantial share of their GDP; whereas 61 % of the region's trade flows are to the European Union, though they account for only 2 % of the EU's foreign trade,

L.

whereas transport infrastructure and facilitation is crucial for economic development, social cohesion and integration,

M.

whereas stronger support to the Western Balkans' small and medium-sized enterprises (SMEs) is needed to guarantee sustainable economic growth, job creation and exports,

N.

whereas the service sector, especially tourism, is playing an important role in the economies of the Western Balkan countries,

O.

whereas small markets, like those which exist in some Western Balkan countries, are particularly prone to cartels, restrictive practices or the abuse of market power which may have a strong impact on regional economic growth, the unemployment rate and social development,

P.

whereas the economies of the Western Balkans are very heterogeneous and have different characteristics, for example Albania, Croatia and Montenegro differ from the other Western Balkan economies in so far as the tourism sector is crucial for them,

Q.

whereas all countries of the Western Balkans have concluded Stabilisation and Association Agreements (SAAs) with the EU,

1.

Welcomes the progress made in the Stabilisation and Association Process and, in particular, the recent signing of the SAAs with Bosnia and Herzegovina and with Serbia; calls on the Member States to conclude the ratification process for all the SAAs as soon as possible; welcomes the progress made in the implementation of the Interim Agreements and calls on the Western Balkan countries to continue their efforts in this field; stresses the importance of further enhancing the multilateral dimension of the Stabilisation and Association Process with a view to fully resuming regional cooperation in all fields;

2.

Reiterates ‘the European perspective’ of the countries of the Western Balkans which was clearly formulated during the Thessaloniki European Council; points out, however, that the future accession of the Western Balkan countries to the European Union is strictly conditional on the fulfilment of all the conditions and requirements set by the European Union, including the Copenhagen membership criteria and the successful fulfilment of the Stabilisation and Association Process, which includes regional cooperation, good neighbourly relations and full cooperation with the International Criminal Tribunal for the former Yugoslavia;

3.

Stresses that a serious prospect of EU membership for the Western Balkan states can act as a catalyst to encourage their population and governments to move away from regressive nationalism, sectarian violence and towards a future of integration with the rest of Europe; moreover, it will improve the relatively weak image of the Western Balkans within the European Union due to the recent wars and political controversies of the last decades, which will in turn stimulate EU companies to increase their business in the region;

4.

Encourages the European Union to continuously demonstrate its engagement with the Western Balkans, especially in this politically delicate period; urges the Council and the Commission to realise that it is not in the interest of both the European Union and the Western Balkans to create a ‘black hole’ in Kosovo; asks the EU Institutions, therefore, to be actively engaged in order to avoid tensions;

5.

Considers that it is essential for the overall approach adopted towards the Western Balkans to take account of differences between the countries of the region as regards their respective levels of economic development and compliance with the Community acquis and World Trade Organisation (WTO) rules; stresses, therefore, the importance of a strictly individual path towards EU membership for each of the Western Balkan countries, based inter alia on their individual fulfilment of the Copenhagen criteria as well as the conditions and requirements set by the European Union;

6.

Welcomes the visa facilitation and readmission agreements which entered into force in January 2008 and the dialogue on roadmaps for gradual liberalisation of the visa regime for the countries of the Western Balkans; considers that there is a real need to improve and establish well-functioning customs regimes in order to facilitate trade flows and ensure closer economic, scientific, technological and trade cooperation; welcomes the Commission's decision to offer an increasing number of scholarships for students from the Western Balkans under the Erasmus Mundus programme;

7.

Calls on the Commission and the Council to implement all appropriate measures to encourage deeper integration of the Western Balkans into the world trade and economic system, in particular through WTO accession for the countries in the region which are not yet members; notes favourably that Albania, Croatia and the Former Yugoslav Republic of Macedonia are already members of the WTO; underlines that the liberalisation of trade must go hand in hand with reducing poverty and unemployment rates, promoting economic and social rights and respecting the environment;

8.

Underlines the stimulus of regional cooperation and good neighbourly relations for the economic growth in the area and the essential role that the CEFTA plays in this process; stresses that CEFTA may also play an important role in the further integration of the region into the European Union by strengthening economic and trade relations between the European Union and the Western Balkans; considers, therefore, that CEFTA contributes significantly to the preparation of the Western Balkan countries' accession to the European Union;

9.

Calls on the Western Balkan governments to further explore the possibility of greater trade liberalisation measures in areas, which have hitherto been exempted, and to establish mechanisms to combat systematically any infringements of international intellectual and industrial property rights; calls also on these governments to align themselves with the community acquis and take action to end any practices and measures amounting to non-tariff trade barriers;

10.

Supports the Western Balkan countries' efforts for reform and regional cooperation through their IPA; underlines the fact that the countries of the Western Balkans are the only ‘owners’ of their reform process; urges the Western Balkan countries to take responsibility for formulating a sufficient number of ambitious projects in order to be able to use the available European funds without being too passive and dependent on European initiatives;

11.

Emphasises the role of the regions in economic and social development and for this reason, the importance of the IPA for assisting the Western Balkan countries in the process of democratisation, of economic and social change and of alignment with European standards and for bringing these countries closer to the structures of the European Union;

12.

Calls on the Commission and the Member States to endow the IPA with the additional financial resources needed to develop projects tailored to real needs and to provide effective and focused assistance at local and regional levels; emphasises the importance of people-to-people projects, which can be particularly effective in making local people aware of the added value delivered by the European Union;

13.

Welcomes the fact that one of the priorities of the IPA is to contribute to developing institutional and administrative capacities in the Western Balkans, at both the national and the regional level; urges the Commission to reinforce this type of activity in order to stimulate the development of governance and to prepare these countries and regions for the proper take-up of the structural funds and to promote their adaptation to EU standards with a view to their possible future accession; calls on the Commission to guarantee a high level of transparency in connection with the development of institutions and to take suitable measures to prevent corruption;

14.

Calls on the Council and the Commission to supply the states in the region with economic and administrative technical assistance by duly qualified persons, in cooperation with the international and regional organisations dealing with Western Balkan economic issues, in order to strengthen local public structures, establish a more efficient and diversified economic base and improve the penetration of local products into foreign markets, and into the European Union in particular;

15.

Suggests that Member States offer the Western Balkan countries so-called government-to-government programmes which give these countries specific assistance, training and coaching in their national departments on areas that are explicitly requested by the authorities of the Western Balkan states; underlines that these programmes can play an important role in implementing the EU acquis in the region while they offer the Western Balkan states the possibility to specify the exact forms of assistance they need;

16.

Calls on the Commission to duly submit in good time for approval to the Parliament any new proposals aiming to provide exceptional budgetary assistance to the Western Balkan countries; stresses that further financial assistance to the Western Balkans (and notably to Kosovo) should be conditional on the establishment, with the support of international financial institutions, of a comprehensive and realistic long-term economic development plan;

17.

Takes the view that the local and regional authorities play a decisive role in bringing about sustainable economic development and in reinforcing civil society by giving specific shape to the national and community priorities through projects creating partnerships with players in the public and private spheres;

18.

Stresses the importance of cross-border and international cooperation in developing joint projects and establishing lasting links both among the regions of the Western Balkans and between the latter and regions in the Member States; stresses also that the benefits of such cooperation are not just economic in nature, but also have a political and human dimension, fostering a closer relationship between peoples and between governments and guaranteeing long-term stability and prosperity in the region;

19.

Encourages EU regions to take the initiative in implementing cross-border projects with the Western Balkan region in order to establish close and long-term cooperation at regional level, and in promoting exchanges of experience and good practice in the framework of the European regional cooperation networks; takes the view that cooperation in the region can be fostered by strengthening the Regional Cooperation Council;

20.

Urges the countries in the region, acting in close co-operation with the Commission and other relevant international financial institutions, to maintain and expand their gains in macroeconomic stability, which is a precondition for lasting economic growth, through sound fiscal and monetary policies; further urges the countries to accelerate the pace of structural reforms, especially in the areas of tax policy and customs and administration, by promoting the principles of transparency and accountability and supporting sound management in the public sector;

21.

Stresses the need to grant more support to the region's private sector development and infrastructure investment through, inter alia, intensified cooperation with the European Investment Bank, as well as the European Bank for Reconstruction and Development and other International Financial Institutions;

22.

Considers it essential for the economic development of the region to create a favourable investment climate and calls on the Commission and Western Balkan states to work towards intensifying economic reforms by developing strategic development plans to implement investment projects of significance to the region as a whole;

23.

Commends the Western Balkan governments on the progress that they have so far made in the economic area, while maintaining macroeconomic stability; welcomes the implementation by governments of tax policies and fiscal discipline policies that have resulted in increased state budget revenues;

24.

Stresses the importance of pursuing the development of energy cooperation in the region, especially with the development of renewable energy resources , establishing open, reliable and competitive markets and improving the general conditions for the expansion of the energy infrastructure in the region including the enhanced interconnection capacities between the neighbouring EU Member States and partner countries; emphasises the important role played by the Energy Community towards this goal;

25.

Considers that the development of the port of Rijeka in Croatia is an extremely important project for the European Union; believes it to be in the interest of the European Union that this development should proceed as soon as possible;

26.

Stresses that environmental protection is an important element of sustainable development in the Western Balkan region; considers it imperative that the Commission and the Western Balkan governments promote sound environmental policies and strategies in line with EU environmental legislation;

27.

Considers it important that the Western Balkan states apply the common European maritime policy principles and guidelines, and stresses the need for efficient and environmentally friendly use of the Danube River, in compliance with EU legislation, as an important transport corridor and a source of valuable resources; supports in this respect the regional initiatives underway and organisations (and in particular the International Commission for the Protection of the Danube River – ICPDR) working towards environmental protection, better use of inland waterway transport capacity and a higher level of disaster prevention for the Danube river;

28.

Recalls that it is necessary to increase agricultural trade with Croatia too, so that when Croatia accedes it can align itself as smoothly as possible with the common agricultural policy;

29.

Acknowledges the specific geography of the region and its strategic situation, which make the area the natural transit point for trade in goods, in particular primary energy products (crude oil and natural gas), between Europe and Asia; welcomes the launch of major sub-regional transport projects such as the ‘South-Eastern axis’ which will facilitate the inclusion in real terms of the Western Balkan countries in the wider energy pipeline network linking the European Union with Turkey and the countries of the Caucasus; calls on the Commission and the Western Balkan countries to make sufficient financial resources available for infrastructure modernisation, with particular reference to the logistics sector, and to carry out the necessary reforms to make the sector more competitive and dynamic;

30.

Emphasises that in retail trade the administrative obstacles which prevent the emergence of more competitive food traders must be removed, as the ineffectiveness of the food trade hampers the attempts by European producers to reach the market;

31.

Stresses the need to give more support to the development of SMEs on the basis of the European Charter for Small Enterprises, which has been endorsed by all Western Balkan countries; calls on the Commission and the Member States to ensure access for SMEs to EU Structural Funds and to provide better financing for SME-related projects; calls on the Commission to set up an institutional framework to enhance cooperation between the Community and the private sector in the countries of the Western Balkans which will ensure the appropriate use of Community funds;

32.

Stresses the need to expand the scope of cooperation in the field of education and science between the European Union and the Western Balkan countries which will create the conditions for stable economic development and growth in the region, thus encouraging integration of the Western Balkans into the common economic area, the common area on research and education, as well as their participation in the labour market in accordance with EU rules and requirements;

33.

Given that the international financial crisis has reached Europe and may have an indirect effect on trade and foreign investment in the Western Balkans, calls on the Commission to monitor developments and, if necessary, to adopt adequate measures in order to guarantee the smooth continuation of the Stabilisation and Association Process, which is an important factor for stability in the region and in the best interests of the European Union itself;

34.

Considers it essential for the economic development of the countries in the region that they substantially reform their banking and insurance systems, establish an efficient micro-credit system and improve the regulation and supervision of banking activities, thus laying the ground for a gradual opening of their financial markets;

35.

Calls for the states in the region which suffer from corruption in the civil service to take all appropriate measures to combat it and to ensure that their customs services operate in a better, more transparent way, in line with the standards laid down by the EU and the World Customs Organisation;

36.

Stresses the need to increase customs checks and make them more stringent, in order to combat smuggling, counterfeiting and piracy of goods, as such practices, apart from the loss of revenue they entail, present considerable dangers to the health of the inhabitants of both the European Union and the Western Balkan countries;

37.

Welcomes the improved business climate and the measures for reducing the legal and administrative barriers to business start-ups; expresses its concern, however, over the existence of cartels and the abuse of market power by so-called ‘tycoons’ in some of the Western Balkan countries and by undertakings in a dominant market position; urges the governments of the Western Balkan countries to intensify their fight against corruption and to develop an adequate competition policy which must also encompass state undertakings;

38.

Invites the Western Balkan countries to develop employment and fiscal policies so as to address problems of unemployment, relatively high wages and the large size of the informal economy;

39.

Stresses that fair and transparent regional cross-border competition for public procurement is an important building block of a truly integrated regional market; calls on the Western Balkan countries to assess the potential of public procurement for the stabilisation of sustainable economic development and to multiply their efforts towards a more integrated and better functioning regional public contract system applying the principle of non- discrimination between domestic and regional suppliers;

40.

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

24.2.2010   

EN

Official Journal of the European Union

CE 46/10

—

having regard to Article 33 of the EC Treaty,

—

having regard to its resolution of 25 October 2007 on rising feed and food prices (1), as well as its resolution of 22 May 2008 on rising food prices in the EU and the developing countries (2),

—

having regard to its resolution of 29 November 2007 on advancing African agriculture - Proposal for agricultural development and food security in Africa (3),

—

having regard to the proposal for a Regulation of the European Parliament and of the Council establishing a facility for rapid response to soaring food prices in developing countries (COM(2008)0450),

—

having regard to the communication from the Commission of 20 May 2008 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Tackling the challenge of rising food prices - Directions for EU action (COM(2008)0321),

—

having regard to the Conclusions of the World Food Summit which was held in Rome on the 13-17 November 1996 and the objective of reducing by half the number of people suffering from hunger by 2015,

—

having regard to the Agricultural Outlook 2008-2017 released by the Food and Agricultural Organization of the United Nations (FAO) and the Organisation for Economic Co-operation and Development (OECD),

—

having regard to the recommendations of the International Assessment of Agriculture Knowledge, Science and Technology for Development (IAASTD),

—

having regard to the outcome of the ‘Health Check’ of the Common Agricultural Policy (CAP),

—

having regard to the ongoing WTO negotiations under the Doha Development Agenda,

—

having regard to the Paris Declaration of 2 March 2005 on Aid Effectiveness,

—

having regard to Rule 45 of its Rules of Procedure,

—

having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on Development, the Committee on Foreign Affairs, the Committee on International Trade and the Committee on Industry, Research and Energy, (A6-0505/2008),

A.

whereas, for the first time since the 1970s, the world is facing an acute food crisis, determined by both structural, long-term factors, as well as by other determinants, with world maize prices tripling since 2006 and world wheat prices increasing by more than 180 % within the time span of two years, and an overall global food price increase of around 83 %,

B.

whereas the significant, unforeseen price surge has taken place within a relatively short time, between September 2006 and February 2008; whereas, furthermore, world prices of other foodstuffs have doubled in the past 2 years and are expected to remain high, despite the current fall in prices of some cereals, as shown by the futures market,

C.

whereas the rise in prices of animal feed results in an increases in the cost of production which, in turn, entails the risk that production of stockfarming products will fall when demand for them is rising and is forecast to continue doing so, particularly in the emerging economies,

D.

whereas the FAO and the OECD predict that, while commodity prices may fall from the higher levels of the past year, they are not expected to fall back to pre-2006 levels; whereas, however, dramatic fluctuations in commodity prices may be a more pronounced and regular feature of the global market; whereas higher food prices do not automatically translate into higher farm incomes mainly due to the speed at which farm-input costs increase and the increasing divergence developing between producer and consumer prices,

E.

whereas world food stocks have fallen to critically low levels, from one year's supply of food in stock after World War II to just 57 days' supply in stock in 2007 to only 40 days' supply in 2008,

F.

whereas these and other factors have had immediate and serious consequences for a significant number of people; whereas, globally, the food price crisis has pushed millions more into poverty and hunger; whereas these developments have sparked riots and unrest around the world, further destabilising countries and regions around the globe; whereas, even in the EU, stocks have been depleted in such measure that the emergency food programme has, at present, no more food to distribute,

G.

whereas, according to current estimates from organisations fighting world hunger, in developing countries one person in five is currently undernourished and suffering from chronic hunger and, each day, over 30 000 children in the world die of hunger and poverty,

H.

whereas agriculture provides employment and a livelihood for more than 70 % of the labour force in developing countries, and for more than 80 % in many African countries and, as a consequence, rural development policies are essential in order to tackle poverty and hunger effectively,

I.

whereas women produce between 60 % and 80 % of food in developing countries and are responsible for half of the world's food production; whereas women play an extremely important role in caring for their families; and whereas women have much less access to land and to means of production than men and must therefore be given appropriate help and support,

J.

whereas the present crisis impacts most heavily on low-income households in both the European Union and in the developing world, where the proportion of household income spent on food represents between 60 % and 80 % of total income, in comparison to the EU average of less than 20 %,

K.

whereas Parliament and the Council have called repeatedly for a strong response to the global problem, providing, in particular, the necessary financing for agricultural inputs and assistance in using market-based management instruments,

L.

whereas the EU remains a major food producer, accounting for 17 % of the world's wheat production, 25 % of world's milk production, 20 % of the world's pigmeat production and 30 % of the world's beef production; whereas it is also a major importer of agricultural products, falling significantly short of self-sufficiency in numerous agricultural commodities,

M.

whereas the EU leads the way in setting food production standards at the highest level, concentrating on the farm-to-fork traceability system and guaranteeing the safety of EU-produced food,

N.

whereas the EU is also a leader in environmental protection initiatives, which serve to protect natural resources, but which also lead to additional cost burdens for EU farmers,

O.

whereas the EU is the leading global donor of development and humanitarian aid but, at international level, the share of aid allocated to agriculture, particularly from the EU, has constantly diminished since the 1980s,

P.

whereas, in addition to Member States' contributions, the EU traditionally finances around 10 % of worldwide development cooperation; whereas this is confirmed by the current contribution through EC instruments (around EUR 1.8 billion: EUR 1 billion through the new facility for rapid response to soaring food prices in developing countries and the rest through currently available development and humanitarian aid instruments),

Q.

whereas, against a background of pressure on natural resources, global food demand is expected to double by 2050 and global food-production will need to increase,

R.

whereas, according to the FAO, an investment of EUR 30 billion per year would be enough to ensure the food security of a world population which will have reached 9 billion by 2050,

S.

whereas present international and regional agreements have proved incapable of normalising market supply and trade; whereas the recent surge in food prices should be a wake-up call for governments throughout the world that agricultural production is not to be taken for granted,

1.

Affirms that global food security is a question of the utmost urgency for the EU and calls for immediate and continual action to ensure food security for EU citizens and at global level; considers it important to recognise the value of all the world's farming and food cultures; stresses that food should be available at reasonable prices for consumers, while at the same time a fair standard of living for farmers should be ensured;

2.

Stresses the importance of the CAP as the means to secure food production in the EU; believes that the CAP has provided EU citizens with a secure food supply since its inception in 1962, in addition to protection and enhancement of the rural environment and EU food production standards that are the highest in the world; stresses the need for Community agriculture to continue to play that role in the future;

3.

Notes, however, that over the past 25 years the result of the many CAP reforms has been a reduction in agricultural output in the EU, with a shift in emphasis from quantity to market-led, quality production; believes that this policy shift has resulted in a loss of potential market opportunities for EU producers and has lead to an increased reliance on imported food from outside the EU, produced to very different production standards, thereby exposing EU agricultural products to unequal terms of competition;

4.

Points out that, prior to the most recent hike in food prices, over 860 million people globally experienced chronic hunger; notes that the World Bank predicts that the surge in food prices could push an additional 100 million people into deeper poverty;

5.

Recognises the FAO view that net food-importing countries are hardest hit by rising food prices and that many of these countries are the world's least developed; reaffirms the fact that poverty and dependence on food imports are leading causes of food insecurity; is mindful of the fact that only a small percentage of global food production is actually traded on the international markets, increasingly from a small number of exporting countries;

6.

Notes that harvests for staple cereals for 2007 and 2008 have been good; notes that the immediate problem of food insecurity in 2007 was due to the fall in supply and the increase in basic commodity prices; is deeply concerned by the low levels of global food stocks which, at present, provide only enough grain for the entire world for less than 40 days;

7.

Stresses that efforts to meet people's basic needs, in particular as regards food and water, is often a source of conflict; notes that the growth in the world's population, which is expected to have risen by 3 billion by 2050, will exacerbate such tensions in all regions of the world; calls, accordingly, for this geo-strategic factor to be taken into account in the future formulation of agricultural policies;

8.

Notes with concern the escalating costs of farm inputs (price-increases in fertilisers, seeds etc.) which have translated into a rise in costs for which farmers (particularly in the livestock sector) have not all been equally compensated and which significantly eroded any potential increase in farm incomes arising from the higher commodity and food prices, thus eroding the stimulus to increase production; is concerned that dramatic increases in input prices could result in less usage and potentially reduced output which will exacerbate the food crisis in the EU and in the world;

9.

Notes that commodity markets have seen a sharp fall in prices in the current season, leading to producer concerns and eroding confidence among farmers;

10.

Stresses the importance of a comprehensive analysis of rising food prices, taking into account rising energy prices for end consumers, stronger weather phenomena and increased demand for energy owing to the increased global population, and calls on the Commission to investigate further the possible link between high food prices and rising energy prices, in particular for fuel; further stresses that steps must be taken to reduce the dependence of agriculture on fossil energy sources by using energy more efficiently and developing energy-saving systems of cultivation;

11.

Calls for policy instruments aimed at averting such dramatic and damaging price fluctuations, and which are conscious of the need to provide a fair standard of living for producers; believes that the system of Single Farm Payment provides the opportunity for farmers to switch production according to market needs but may be insufficient to cope with dramatic market-price fluctuations;

12.

Draws attention to the longer term structural causes at play in the recent price increase of agricultural commodities, including steadily increasing global demand and sustained reductions in investment in production agriculture; notes that, among these factors, the increase in the price of energy, and in particular in the oil price, has had a major impact on global agricultural production (due to increasing farm-production and food-distribution costs) and on the occurrence of food crises in the poorer countries (due to food transport costs within these countries);

13.

Notes that 2 % of EU cereal production was diverted to biofuels in 2007, compared with 25 % of US maize production going to ethanol production in that year; calls for a global assessment of this trend and the impact on food prices and for policy coordination at global level to ensure that food supply is not jeopardised by the push for renewable energy production; calls also for the inclusion in international and regional agreements of commitments that the subsidies granted for biofuel production will not jeopardise world food security and will be consistent with applicable rules so as not to affect competition between trading partners; calls, nevertheless, for firm commitment from the EU in promoting second generation biofuels;

14.

Emphasises the need to strike a balance between the production of biofuels and bio-energy on the one hand, and the requisite global food reserves on the other; notes that the increase in biofuel and bio-energy production can have a positive impact on the agri-foods sector, which is currently feeling the effects of the high prices of raw materials necessary to the processing industry, such as fertilisers and diesel oil, etc.; considers that the development of renewable energy sources is therefore a viable economic and social development alternative for rural areas and one that simultaneously offers a sustainable approach to environmental protection, especially if one factors in the EU's 2020 targets for renewable energy; points out, at the same time, however, that measures need to be taken to ward off the adverse effects that the increase in the production of energy crops may have on biodiversity, food prices and land-use patterns;

15.

Notes that the EU has made a considerable contribution to increasing the supply of agricultural commodities by abolishing its set-aside scheme;

16.

Draws attention to rapidly changing consumer eating habits, particularly in emerging countries with a shift towards more meat and protein consumption requiring more grain; notes also the welcome increase in real income in countries such as China and India, which will continue to drive the demand for agricultural goods and processed foods;

17.

Believes that increasing market concentration in the food retail sector needs to be monitored to prevent the development of monopoly situations, as the activities of large retailers may not always be in the best interests of producers, processors or consumers;

18.

Calls for the adoption of alternative solutions that adjust the balance in favour of small producers, who find themselves unable to negotiate with the large retailers; points out that, despite the existence at EU level of an anti-monopoly legislative framework that prevents big producers abusing dominant positions on the EU market, there are as yet no specific regulations for combating the monopolistic practices carried on by some supermarkets and hypermarkets;

19.

Believes that the CAP should remain the cornerstone of EU food-security policy now and beyond 2013; considers that functioning ecosystems, fertile soils, stable water resources and a diverse rural economy are essential in the interests of long-term food security; considers also that it is of fundamental importance that the CAP, together with other Community policies, should play a greater part in the world food balance;

20.

Strongly believes, however, that the CAP should be further adapted to meet food-security concerns; is disappointed that, in its legislative proposals of May 2008 for the Health Check of the CAP, the Commission has not fully faced up to the challenge; is opposed to the dismantling of market management measures and cuts in farmers' support payments;

21.

Calls, in light of the 2008-2009 Budget Review, for a stable and constant level of EU and Member States' expenditure on the CAP guaranteeing a fair income for farmers; recalls that farmers need a stable policy environment in order to plan for the future; stresses that the basic principle of such a policy is an income safety net against risks and crises arising either from adverse natural phenomena or from market distortions and an unusually long and widespread fall in prices; points out, in this respect, the fact that agriculture brings a significant added-value to national and EU economies;

22.

Points out that the market alone cannot provide the income security for producers which they need to continue farming because of the high cost of compliance with EU food production, food safety, environmental and animal welfare standards; welcomes, however, the increased market orientation of the CAP; regrets, on the other hand, that the objectives of the 2003 reforms to provide higher market prices and less bureaucracy for farmers have not been fully achieved;

23.

Believes that the numerous cross-compliance rules provide a disincentive to producers and that, where possible, these rules should be made less complex; welcomes, in this respect, the Commission's simplification initiatives;

24.

Is alarmed that proposed EU legislation (for example on plant protection products) may have a dramatic impact by reducing the tools available to farmers to maximise yields and may, in effect, lead to a dramatic reduction in EU farm output; calls for a detailed impact assessment - in particular on the implications for food security - of all proposed measures;

25.

Urges the Commission to look at the impact of climate change mitigation initiatives in the agriculture sector; considers that farming must make its contribution to efforts to combat climate change but must also receive resources in order to tackle the impact of climate change, being one of the most climate-sensitive sectors of the economy, in order not to depress EU farm output and result in its being replaced with imported production;

26.

Believes that there is a need to review EU and other international production and market monitoring systems to provide a more rapid alert mechanism to determine production trends; believes there is a need for a global food inventory regime and a global system of food stocks and that the EU should take the lead in devising such a system; urges the Commission to act with global partners and to come forward with a proposal in this regard;

27.

Calls for effective insurance policies to be made available, protecting against massive price and income fluctuations as well as weather-related impacts on production;

28.

Calls on the Commission to devise an effective EU market monitoring system capable of recording the changes and trends in the prices of agricultural products and the cost of inputs; maintains that such a system must ensure transparency and facilitate cross-border comparisons of similar products;

29.

Considers that an international observatory should be set up within the FAO to facilitate the monitoring of prices of agricultural products, inputs and food at international level;

30.

Notes that, through successive reforms of the CAP, trade distorting elements of EU agriculture policy negatively impacting on farmers in the developing world have been addressed, but that trade relations remain unequal and that efforts still need to be made to construct a fairer system;

31.

Notes, however, that EU policy reforms to meet WTO requirements have led to a reorientation of CAP supports away from production-linked payments, dismantling of market management measures and the opening up of markets, leaving consumers and producers increasingly exposed to world market instability; calls for policies under the CAP to incorporate provisions on food security and for trade agreements to incorporate equal commitments from partners to regulate trade in a way that does not jeopardise world food security; calls on the Commission, at the WTO negotiations, to advocate qualified market access, which will ensure that the high environmental standards of EU farming and the right of every Member State to food security are not undermined by cheap imports;

32.

Notes that the EU is pushing ahead with its commitments to abolish all export refunds by 2013 and that through the Health Check of the CAP further reforms of the market support instruments are being pursued, in line with WTO agreements;

33.

Considers that the financing facility for rapid response to soaring food prices in developing countries is a necessary first step to tackle the immediate needs of those most affected by the food crisis; stresses, however, that this facility is a one-off measure designed to target funds from Heading 4 of the General Budget of the EU towards small-scale agriculture in the worst hit countries which will need to be reinforced by further investment; considers that the Commission should audit how the money is spent and ensure that it is always used where the need is greatest, and that regular reporting to Parliament should be carried out; requests, furthermore, that Parliament have regular oversight of implementation, through the regulatory procedure with scrutiny;

34.

Calls on the Commission to reinforce its present programmes designed to ensure food security in Europe and around the world; calls for a reinforcement of the Food Security Thematic Programme (2007-2010), currently endowed with EUR 925 million for the entire programming period; welcomes the proposal for an increase in the budgetary allocation for the Food Distribution Programme for the Most Deprived Persons of the Community presented by the Commission on September 17, 2008; calls on the Commission to adopt a comprehensive strategy on food security issues so as to achieve coherence among all Community policies;

35.

Is alarmed by the current global financial crisis which may result in a reduction in finance available for farming; calls on the Commission to analyse the effects of the financial crisis on the agricultural sector and to consider proposals to ensure the stability of the sector, also in terms of access to loans and credit guarantees;

36.

Points to research which shows that consumers are for the most part unaware of the vital benefits provided through the CAP by way of food security and reasonably priced food (4); calls for citizen information policies and a renewed commitment to simplification, which would result in an increased awareness of the instruments and benefits of the CAP; proposes that the costs of not having a common agricultural policy should be explained to the public;

37.

Believes that the CAP should play a significant role in the EU's foreign affairs and development policies with special regard to the external food security policy; believes that, besides securing the EU's food production, the CAP can contribute to meeting the increased demand for food globally;

38.

Notes that armed conflicts impact very negatively on production of and access to food; expresses its concerns about the serious consequences of conflict-proneness as regards food security, e.g. through mass migrations, paralysis of agricultural production, detrimental impact on vital infrastructure;

39.

Believes that it is crucial to avoid disruptive competitive scrambles for scarce food resources; calls, therefore, for more effective EU coordination with non-governmental organisations, the FAO and other international agencies at a technical level and with the UN at a political level, to promote fair access to global food resources and to increase food production in key developing countries while consistently taking into account biodiversity and sustainable development criteria;

40.

Urges the EU to help countries at risk of conflict to develop strong agricultural policies of their own based on easy access to raw materials, quality education and adequate funding, as well as on reliable infrastructure; believes that EU aid should be targeted at improving self-sufficiency with regard to food for recipient developing countries, which will improve regional food security and access to food for the poorest sections of society;

41.

Notes that some growing economies might be planning to lease large tracts of land in poorer parts of Africa and Asia for the purposes of growing crops and shipping them back to their markets so as to improve their own food security; believes that, together with the FAO, the EU must take this phenomenon seriously as a major threat to food security and to effective agriculture policy in host countries;

42.

Stresses that the current food challenges call for food production to be stepped up in order to keep pace with increasing demand, while improving quality, lowering costs and ensuring greater sustainability; considers that, in order to achieve this, public policies need to be overhauled with a view to improving production methods,,stock management and world market regulation;

43.

Stresses the need for more medium and long-term action to develop agriculture and food production in developing countries, particularly in Africa, taking account of the above-mentioned recommendations of the IAASTD; is of the opinion that agricultural development can serve as the starting point for broad economic development in a country;

44.

Believes that the European Development Fund should be more focused on agriculture, particularly small farms and processing of products on the spot, as the vast majority of the world's poor live in rural areas that are highly dependent on agricultural production; considers, moreover, that efforts should be made to establish rules for agricultural trade, which guarantee food supplies in all countries; believes that developing countries should be accorded trade advantages that support the strengthening of national production; calls on the Commission to take these considerations into account during the WTO negotiations, as well as when negotiating Economic Partnership Agreements with developing countries;

45.

Considers that one serious obstacle to increased agricultural output in developing countries is the lack of access for small farmers to loans and micro-credits for investment in improved seeds, fertilisers and irrigation mechanisms; stresses, further, the issue of loan guarantees that in most cases are not available; calls on the European Investment Bank to look into means to provide programmes for local food producers in developing countries with loan guarantees to support access to credit and micro-credit;

46.

Reaffirms its belief in the need for regionally integrated agricultural markets; calls on the Commission to support regional cooperation and integration; reminds African, Caribbean and Pacific (ACP) Group of States of the success of agricultural integration in Europe and the stability it has provided for over 50 years; therefore encourages regional economic communities of ACP states to step up their activities in the agricultural field and calls on developing countries to reduce trade barriers amongst themselves;

47.

Stresses, further, the fact that agriculture needs to be transformed from a system of subsistence farming to a job-creating rural economy; considers, further, that in order to develop robust agricultural sectors, particular emphasis should be put on measures to support young farmers in the developing world; believes the EU should increase cooperation and support efforts to modernise food chains in developing countries, making them more effective; considers, further, that the EU should support initiatives such as the common seeds programme, started by the African Union and its national and regional partners;

48.

Considers that, if the developing countries are to pursue an effective development policy, they must adopt a national or joint regional strategy for rural development with clear support measures for producers and products; considers, in this context, that EU development aid will not be of a piecemeal nature but will form part of the cofinanced national or joint regional strategy for rural development;

49.

Demands that a permanent food-security fund be created in support of the world's poorest, under Heading 4 of the General Budget of the EU to complement other development measures financed by the EU;

50.

Welcomes global initiatives such as the United Nations High-Level Task Force on the Global Food Security Crisis and considers that the EU should coordinate its efforts with the Task Force; stresses the importance of the Voluntary Guidelines to support the progressive realisation of the right to adequate food in the context of national food security adopted by members of the FAO in November 2004; proposes, furthermore, that, in order to ensure the availability of food, a worldwide stockholding obligation programme should be created, as well as a better basic storage system for key production inputs (protein, fertilisers, seeds, pesticides), preferably based on private-sector players, including farmers' cooperatives;

51.

Is mindful of EU commitments to the developing world and our current and future WTO obligations; requests that EU support measures assist the goals as stated in the Maputo declaration of 2002 of African governments; calls on Member States to respect their commitments towards achieving the UN Millennium Development Goals, and in particular the provision of 0.7 % of their Gross National Product to development assistance; is of the opinion, however, that the quality of development assistance is more important than the amounts spent thereon;

52.

Regrets the reduction in the amount of development aid being devoted to agriculture and rural development, which was 17 % in 1980 and only 3 % in 2006; urges the Commission to direct and monitor the contribution of the EU financial support towards achieving agricultural-led growth and to do all in its power to induce governments to spend the amount of 10 % of the national budget on the agricultural sector, as they have committed themselves to (e.g. by setting objectives targeted at national agricultural policies);

53.

Reaffirms that, for ACP States, agriculture is a sector which is more capable than others of generating growth for poor rural people, thereby making a tangible contribution to the attainment of the first Millennium Development Goal on the eradication of extreme poverty and hunger, and underlines how it is therefore crucial to act immediately and to promote greater investment in agriculture and rural development;

54.

Emphasises that agricultural development must be based primarily on the right to food and the right to produce food, enabling all people to have the right to safe, nutritious and culturally appropriate food produced using environmentally sound and sustainable methods in an autonomous farming structure;

55.

Calls on the EU to recognise developing countries' right to food sovereignty and to support this with targeted measures, primarily using and developing the available structures and resources – such as seeds, manure and means of production – as well as fostering regional integration;

56.

Calls on the EU to put agriculture back at the centre of its development agenda, giving specific priority to programmes for agricultural development including clear targets for poverty reduction and feasible objectives, particularly measures promoting small-scale agriculture and the production of food for local markets through the use of biodiversity, with a particular focus on capacity-building for small-holder farmers and women;

57.

Calls for the EU to join forces with Members States, ACP Governments, international organisations, regional development banks and private foundations, non-governmental organisations and local authorities, to incorporate new projects and programme interventions for soaring food prices into regional programmes in a better way;

58.

Calls for measures to improve training to enable young people to pursue higher education in agriculture, including training on how to meet EU sanitary and phytosanitary standards, as well as to create job opportunities for agriculture graduates for the purpose of reducing poverty and migration from rural to urban areas, and for the purpose of avoiding ‘brain drain’ – migration from developing countries to developed countries;

59.

Recalls the Food Crisis Prevention Network's 2008 Code of Good Conduct in Food Crisis Prevention and Management, and calls for it to be implemented and observed in the CAP; furthermore supports and urges involving civil society and promoting the interests of women, small-scale farming cooperatives and producer groups in order to ensure food security and food self-sufficiency;

60.

Is very concerned by the fact that, in many instances, military and defence budgets are larger than budgets for agriculture and food;

61.

Believes that smallholders represent the cornerstone of agricultural development; stresses some of the most severe problems facing small farmers in the developing world, such as access to markets, land, training, financing, inputs and technology; reaffirms the importance of developing rural infrastructure and investment in small farms and traditional low-input methods of production suited to the location;

62.

Notes that a lack of trade in foodstuffs is a significant factor in global food production and that, according to the FAO, although global rice production increased in 2007, trade in rice fell in the same year;

63.

Believes that further, unregulated liberalisation of agricultural trade would lead to a further increase in food prices and even higher price volatility; stresses that the worst affected would be the most vulnerable, food-importing developing countries; stresses, furthermore, that world trade rules must under no circumstances undermine the right of countries or regions to support their farming sectors with a view to ensuring food security for their population;

64.

Believes that market opening policies for agricultural products in the framework of the WTO and bilateral free trade agreements have significantly contributed to a loss of food security in many developing countries and in the context of the current global food supply crisis; calls on the Commission to re-assess its free-market approach to agricultural trade accordingly;

65.

Calls on the large food exporting countries (Brazil, Argentina, Thailand, etc.) to act as reliable suppliers of staple foods and to avoid export restrictions, which could have disastrous consequences, especially on poor food-importing developing countries;

66.

Is alarmed by the current world financial crisis which could lead to a reduction in the funding available for public development aid; calls on the Commission to analyse the impact of the financial crisis on the development aid sector and to continue devising proposals with a view to supporting agriculture in the world's poorest countries;

67.

Notes that the global food crisis is among the great threats to peace and security in the world; welcomes, in that respect, the recent efforts of the Commission to investigate ways of tackling the global food security issue; calls on the Member States to support such initiatives at national and local level;

68.

Reaffirms its commitment to investment in technology and innovation in agriculture and farm production;

69.

Stresses the importance of publicly funded research which serves to promote food security rather than focusing one-sidedly on industrial interests; calls for investment in research not only into individual new technologies but also into comprehensive farming systems which will serve the aim of long-term food security; stresses in this connection the pioneering role which could be played in this field, for example, by a EU technology platform for ecological agricultural research;

70.

Stresses the importance of research but also of transferring the knowledge gained through research down to farm level through an effective farm extension service, particularly in the developing world; calls for a strengthening of agricultural research and knowledge generation;

71.

Is concerned that the emphasis in the EU on cross-compliance may be to the detriment of farm production research and advice; stresses the need for both;

72.

Calls for an accelerated programme of research and development on sustainable and energy-efficient agriculture, suited to its location; encourages Member States to support research aimed at increasing productivity in respect of applications to agriculture; is mindful of the concerns of EU consumers;

73.

Is concerned by the alterations to weather patterns brought about by climate change which, it is predicted, will make droughts and floods more common, with negative impacts on harvest yields and predictability of global agricultural production;

74.

Is concerned that the implementation in the EU of proposals to further reduce greenhouse gases may adversely affect EU food production, particularly livestock production;

75.

Recognises that improved energy efficiency is needed in the agricultural sector, which generates a significant share of total CO2 emissions;

76.

Considers that expansion of biofuels and bioenergy production could impact positively on the agricultural and food processing sector which is suffering from higher prices for inputs such as fertilisers, pesticides, and diesel, as well as transport and processing costs;

77.

Recognises that the agricultural sector supports the livelihood of the majority of the population in many developing countries, and therefore encourages these countries to develop mechanisms of stable and transparent agricultural policies that will ensure long-term planning and sustainable development;

78.

Asks the Commission to monitor closely the effects of increased bioenergy production in the EU and in third countries as regards changes in land use, food commodity prices and access to foodstuff;

79.

Reiterates that incentives for sustainable cultivation of energy crops should not jeopardise food production;

80.

Calls on the Commission and the Member States to promote research and development to prevent and adapt to climate change, including, inter alia, research into the next generation of biofuels, in particular the use of high-yield energy crops, environmentally friendly fertilisers that are as effective as possible, new agricultural technologies with minimum negative effects on land use, the development of new plant types that are resistant to changes in climate and related diseases and research into ways to use waste in agriculture;

81.

Believes that there is a need for further agricultural research, in order to increase sustainable farm productivity, and calls on the Member States to exploit fully the opportunities offered in this respect by the Seventh Framework Programme of the European Community for research, technological development and demonstration activities, and to adopt measures that will improve agricultural output in a sustainable and energy-efficient way;

82.

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

24.2.2010   

EN

Official Journal of the European Union

CE 46/23

—

having regard to the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on 13 December 2007,

—

having regard to the Treaty on European Union and the Treaty establishing the European Community,

—

having regard to its resolution of 20 February 2008 on the Treaty of Lisbon (1),

—

having regard to the various resolutions dealing with civil society that it has adopted during the current parliamentary term,

—

having regard to the workshop held by the Committee on Constitutional Affairs with representatives of civil society organisations on 3 June 2008,

—

having regard to Rule 45 of its Rules of Procedure,

—

having regard to the report of the Committee on Constitutional Affairs (A6-0475/2008),

A.

whereas a democratic European Union that is close to citizens requires close cooperation between the EU institutions and Member States and civil society at European, national, regional and local level,

B.

whereas an openness on the part of EU institutions and national, regional and local authorities to dialogue and cooperation with citizens and civil society organisations is a basic prerequisite for the latter's involvement in lawmaking and governance at all levels,

C.

whereas the Treaty of Lisbon enhances the rights of EU citizens vis-à-vis the Union by making it easier for citizens and representative civil society associations to take part in discussion on a ‘citizens' Europe’,

D.

whereas the current provisions, which have also been included in the Treaty of Lisbon, establish a vital legal framework for the development of civil dialogue at European level; whereas, however, those provisions are not always satisfactorily implemented,

E.

whereas civil society is at different stages of development in the 27 Member States, taking advantage to differing degrees of opportunities for involvement in participatory democracy, the lawmaking process and dialogue with national, regional and local authorities,

F.

whereas the term ‘civil society’ refers to the numerous non-governmental and not-for-profit organisations established by citizens, of their own will, that have a presence in public life, expressing the interests, ideas and ideologies of their members or others, based on ethical, cultural, political, scientific, religious or philanthropic considerations,

G.

whereas the representativeness of civil society organisations is very much a moot point, and whereas the vigour and effectiveness with which some organisations promote their ideas does not always reflect their representativeness,

H.

whereas the various EU institutions have different approaches to civil dialogue,

1.

Welcomes the contribution made by the European Union to the development of civil dialogue, both at European level and at national, regional and local level in the Member States;

2.

Stresses that civil society in Europe plays an important role in the European integration process, since it communicates the positions and demands expressed by EU citizens to the European institutions; highlights the importance of the expertise that civil society makes available to the institutions, and stresses the importance of providing information on and raising awareness about civil dialogue, in particular in connection with promoting the activities and objectives of the EU, building European cooperation networks and strengthening the European identity and identification with Europe within civil society;

3.

Stresses that broader public debate, more effective civil dialogue and greater political awareness are necessary if the EU is to achieve its political goals and objectives;

4.

Emphasises its special attachment to civil dialogue and draws attention to the importance accorded to such dialogue by the Treaty of Lisbon, which has made it an overriding principle across all spheres of EU activity;

5.

Welcomes the enhancement of representative democracy and participatory democracy resulting from the provision made in the Treaty of Lisbon for ‘citizens' initiatives’ enabling one million citizens from a number of Member States to invite the Commission to submit a legislative proposal;

6.

Calls on the EU institutions and the national, regional and local authorities in the Member States to make the fullest possible use of existing legal provisions and best practices in order to step up dialogue with citizens and civil society organisations; considers, in particular, that the European Parliament Information Offices in each Member State should play an active role in the promotion, organisation and management of forums that take place at least annually between Parliament and representatives of civil society in that Member State, and stresses the importance of the regular participation of its Members, both from the Member State concerned and from other Member States, in those forums;

7.

Calls on the EU institutions to involve all interested civil society representatives in the civil dialogue; considers it essential, in this connection, for the voice of young Europeans, who will shape and take responsibility for the European Union of tomorrow, to be heard;

8.

Calls on the EU institutions to ensure that all EU citizens – female, male, young and old , urban and rural – are able to take an active part, with equal rights, in civil dialogue, without being subjected to discrimination, and, in particular, that members of linguistic minorities are able to use their native languages in such forums; takes the view that the EU's role in this area should be to foster the realisation of the principle of gender equality and to set an example in promoting that principle both within the Member States and outside the EU;

9.

Calls on the EU institutions to adopt in an interinstitutional agreement binding guidelines concerning the appointment of civil society representatives, methods for organising consultations and their funding, in accordance with the general principles and minimum standards for consultation of interested parties (2); points out that, to this end, all EU institutions should maintain up-to-date registers of all relevant non-governmental organisations, whether they are active in the Member States and/or focused on the EU institutions;

10.

Calls on the EU institutions to make civil dialogue a horizontal task for all directorates-general in the Commission, all working parties in the Council and all committees in the European Parliament, using transparent procedures and maintaining a genuine balance between the public and private sectors;

11.

Calls on the EU institutions to cooperate more closely in developing civil dialogue and promoting an actively European mindset among EU citizens, with a view to ensuring better communication, information flow and coordination in connection with their public consultation activities; notes that, in this connection, regular meetings between civil society and Commissioners in forums in the Member States would be highly desirable as a way of reducing the perceived gap between the EU and the citizens of Europe;

12.

Calls on the Council to afford easier and simpler access to its proceedings, which is a fundamental precondition for genuine dialogue with civil society;

13.

Stresses the importance of developing a European communication policy as regards providing new ways and means of communicating with EU citizens (using the internet, e-technologies and modern audiovisual technologies);

14.

Calls for the continued implementation of tried and tested EU measures to step up civil society involvement in the European integration process, such as Europe by Satellite, the Citizens' Agora, citizens' issues forums (e.g. Your Europe), internet debates, etc.;

15.

Stresses the importance of the role played by professional European opinion polls in identifying and understanding the needs and expectations of EU citizens with regard to the way in which the Union operates; urges both EU institutions and civil society in the Member States to bear these expectations in mind in their interactions and debates;

16.

Calls on the national, regional and local authorities in the Member States to foster civil dialogue, particularly in those countries and regions and in those sectors where it is not yet fully developed or sufficiently well implemented; further urges those bodies to promote actively the development of regional interactivity of civil society among Member States, and cross-border initiatives; considers that the building-up of Member State clusters should also be explored as a means of promoting exchanges of ideas and experiences within the EU;

17.

Calls on representatives of European society to take an active part in civil dialogue and in the formulation of European programmes and policies, thereby making it possible to influence decision-making processes;

18.

Encourages EU citizens to become more involved in European debates and discussions and to vote in the forthcoming European Parliament elections;

19.

Points out that, for dialogue with citizens at all levels – European, national, regional and local –, appropriate financial resources are required, and calls on the stakeholders in that dialogue and the entities responsible for it to ensure that it is adequately funded;

20.

Stresses that, besides dialogue with civil society, there also needs to be an open, transparent and regular dialogue between the Union and churches and religious communities, as provided for by the Treaty of Lisbon;

21.

Recommends to the EU institutions that they jointly make available information on the representativeness and fields of activity of civil society organisations in Europe, for example in a public, user-friendly database;

22.

Calls on the Commission to submit a fresh proposal for European associations so that European civil society organisations can fall back on a shared legal basis;

23.

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

24.2.2010   

EN

Official Journal of the European Union

CE 46/26

—

having regard to the Treaty establishing the European Community, and in particular the provisions thereof establishing the internal market and guaranteeing undertakings the freedom to provide services in other Member States,

—

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 (1) (‘the UCP Directive’),

—

having regard to Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (2) (‘the MCA Directive’),

—

having regard to Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997 amending Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising (3),

—

having regard to Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising (4),

—

having regard to Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation) (5),

—

having regard to Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests (6), and to the report from the Commission of 18 November 2008 concerning its application (COM(2008)0756),

—

having regard to the Commission's Green Paper of 27 November 2008 on consumer collective redress (COM(2008)0794),

—

having regard to the Communication from the Commission of 13 March 2007 on the EU Consumer Policy strategy 2007-2013 (COM(2007)0099),

—

having regard to the more than 400 petitions on misleading directory companies from 24 Member States and 19 third countries received by its Committee on Petitions,

—

having regard to its resolution of 16 December 2008 on misleading directory companies (7),

—

having regard to the Interinstitutional Agreement on better law-making (8),

—

having regard to Rule 45 of its Rules of Procedure,

—

having regard to the report of the Committee on the Internal Market and Consumer Protection (A6-0514/2008),

A.

whereas the Commission's EU Consumer Policy strategy 2007-2013 aims at a ‘better monitoring of consumer markets and national consumer policies’ and at achieving a ‘timely and uniform transposition of the unfair commercial practices Directive’ in particular,

B.

whereas the UCP Directive embodies a new approach in the field of EU consumer law in providing for maximum harmonisation for the protection of consumers against unfair commercial practices,

C.

whereas the MCA Directive codifies Directive 84/450/EEC, and in particular the amendments thereto introduced by Directive 97/55/EC, and narrows its scope to business-to-business (B2B) transactions,

D.

whereas the scope of the UCP Directive is limited to transactions between businesses and consumers and does not cover all commercial practices, but only those which can be considered as unfair; whereas it is limited to commercial practices which are capable of harming the economic interests of consumers, and adjustments of national legislation protecting businesses against the unfair commercial practices of other businesses are not required in its framework,

E.

whereas three Member States have not notified the measures adopted to transpose the UCP Directive to the Commission, namely Germany, Spain and Luxembourg; whereas three requests for a preliminary ruling have been referred to the Court of Justice of the European Communities (ECJ) as regards the compatibility of national measures with the UCP Directive; whereas the Commission is of the opinion that inadequate transposition has been detected in some Member States,

F.

whereas the UCP and MCA Directives leave Member States considerable discretion as regards the remedies and penalties for infringement of their provisions,

G.

whereas there is a lack of effective legal remedies for infringement of the MCA Directive, as well as a lack of enforcement of that Directive, as is demonstrated, inter alia, by directory companies engaging in misleading practices,

1.

Stresses the importance of the UCP and MCA Directives in making consumers and traders more confident in engaging in cross-border transactions and in ensuring greater legal certainty for businesses in relation to the admissibility of different commercial practices and advertising in the internal market;

2.

Highlights the UCP Directive as landmark legislation in the area of EU consumer law, the transposition, implementation and enforcement of which will be a crucial source for the future development of EU consumer law and for the full development of the potential of the internal market, the development of cross-border trade and e-commerce;

3.

Strongly believes that proper transposition, implementation and enforcement of the UCP and MCA Directives is crucial in order to achieve the aims of those Directives, particularly given the differences in the enforcement systems and implementation techniques of the Member States, the complexity of some of the legal concepts contained in the Directives, multiple and extensive existing national rules regulating unfair commercial practices and advertising and the broad scope of application of the Directives;

4.

Calls on the Commission, with reference to Recital 8 to the UCP Directive, to investigate the need to protect small and medium-sized undertakings against aggressive business practices and, if appropriate, to initiate the requisite follow-up measures;

5.

Welcomes the Commission's efforts to assist Member States in transposing the UCP and MCA Directives;

6.

Notes that Article 3a(2) of Directive 84/450/EEC, as amended by Directive 97/55/EC, referring to a ‘comparison referring to a special offer’, was deleted and appears neither in the UCP Directive nor in the MCA Directive; regrets that there is confusion surrounding the consequences of this deletion for business-to-consumer transactions, manifested, in particular, by the divergent approaches of the Member States to the maintenance in national law following the adoption of the UCP Directive of already-existing provisions implementing Article 3a(2) of Directive 84/450/EEC as amended by Directive 97/55/EC; calls on the Member States with the assistance of the Commission to investigate this and to take possible follow-up action;

7.

Considers that the Commission should either submit a proposal for an amendment to the MCA Directive to include a ‘black list’ of practices that are under all circumstances to be considered misleading, or extend the scope of the UCP Directive to cover B2B contracts with specific regard to point 21 of Annex I thereto; requests the Commission to report by December 2009 on the measures taken;

8.

Observes that several Member States have disaggregated the ‘black list’ contained in Annex I to the UCP Directive in transposing and implementing it in their legal systems; considers that splitting-up the ‘black list’ in different pieces of national legislation creates confusion for undertakings and might lead to distortions in the application of the UCP Directive; asks the Commission to work with Member States in adapting their national legislation so that ‘black lists’ are visible and useful for consumers to the greatest extent possible;

9.

Urges Member States to screen their legal systems in order to avoid possible overlaps between rules adopted in transposition of the UCP and the MCA Directives and already-existing national provisions, and thus ensure greater clarity for consumers and businesses regarding the transposition process;

10.

Calls on the Member States to focus their efforts on the proper transposition, implementation and enforcement of the UCP and MCA Directives and to ensure that all relevant national court judgments and ECJ rulings are respected;

11.

Considers that, in cross-border transactions, consumers and businesses are hampered by incorrect or delayed transposition of directives by Member States;

12.

Notes that some Member States have provided that only certain regulatory bodies may enforce national rules adopted in implementation of the UCP Directive and have not made provision for a direct right of redress for consumers, who thus are not entitled to bring claims for damages resulting from unfair commercial practices; calls on Member States which have not already done so to consider the necessity of giving consumers a direct right of redress in order to ensure that they are sufficiently protected against unfair commercial practices;

13.

Welcomes the results of the Commission's EU Airlines Sweep and EU Ringtones Sweep as a first step towards better monitoring of the implementation and enforcement of internal market legislation; emphasises the need to carry out extended checks in this respect at regular intervals; calls on the Commission, in cooperation with the Consumer Protection Cooperation Network, to collect similar data on the implementation of internal market legislation in other key sectors of the internal market;

14.

Encourages the Commission to develop more efficient implementation monitoring tools, such as sweeps, in such a way that the enforcement of consumer protection law can be improved; asks the Commission to consider the feasibility of integrating sweeps into the Consumer Scoreboard monitoring mechanisms;

15.

Calls on all Member States to cooperate fully with the Commission in conducting and following up on Commission sweeps;

16.

Highlights the importance of reasonable, timely and accurate data and information for the adequate monitoring of consumer goods markets; notes the key role of business and consumer organizations in providing such data;

17.

Stresses the importance of cross-border enforcement for the functioning of the internal market; calls on the Commission to further develop the use of the Consumer Protection Cooperation Network in such a way that cross-border law enforcement can be improved; underlines the need to further raise awareness of the European Consumer Centres Network;

18.

Calls on the Member States to devote adequate personnel and financial resources to cross-border enforcement;

19.

Calls on the Member States and national judicial authorities to reinforce cross-border cooperation regarding misleading database services;

20.

Welcomes the Commission's initiative to establish a publicly accessible database of national measures adopted in transposition of the UCP Directive, jurisprudence thereon and other relevant material; calls on the Commission to include in this database expert monitoring reports which, on the basis of cases documented in the database, formulate specific recommendations for action to improve enforcement of the law; calls on the Commission furthermore to use this database to set up a ‘single point of access’ website where both undertakings and consumers can retrieve information on the legislation in force in the Member States;

21.

Calls on the Commission and the Member States to organise information campaigns to heighten consumers' awareness of their rights, providing them with greater protection against unfair commercial practices and misleading comparative advertising;

22.

Points out that the monitoring of transposition, implementation and enforcement is a resource-intensive exercise; considers, therefore, that the Commission should be given appropriate human resources to police implementation more effectively;

23.

Calls on the Member States to provide sufficient guidance for companies at national level; highlights as a best practice ‘Consumer Protection from Unfair Trading Regulations: a basic guide for business’ published by the UK Department for Business, Enterprise & Regulatory Reform in association with the UK Office of Fair Trading;

24.

Insists that the Commission submit on schedule, by 12 June 2011, a comprehensive implementation report pursuant to Article 18 of the UCP Directive which incorporates experience gained from the MCA Directive;

25.

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

24.2.2010   

EN

Official Journal of the European Union

CE 46/31

—

having regard to the United Nations Convention on the Law of the Sea of 10 December 1982,

—

having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (CFP) (1),

—

having regard to the Commission Communication entitled ‘The role of the CFP in implementing an ecosystem approach to marine management’ (COM(2008)0187),

—

having regard to the conclusions of the Agriculture and Fisheries Council of 29 and 30 September 2008 on the above-mentioned Commission Communication,

—

having regard to Rule 45 of its Rules of Procedure,

—

having regard to the report of the Committee on Fisheries (A6-0485/2008),

A.

whereas in any geographical area all living organisms (people, plants, animals and micro-organisms), their physical surroundings (such as soil, water, air) and the natural cycles that sustain them, are all interconnected,

B.

whereas developments, interactions and changes within such ecosystems have direct and often unwanted or unforeseen effects on other elements both inside and outside the system and whereas, likewise, developments occurring outside the system can have an immediate impact on the system,

C.

whereas an ecosystem approach to fisheries currently provides the best basis for a global management and decision-making system which takes into account all of the stakeholders and elements concerned, their requirements and needs, as well as future effects on the system and its interactions,

D.

whereas fishing in the waters of the exclusive economic zone (EEZ) of each Member State is important for its sovereignty and independence, particularly in terms of food,

E.

whereas our knowledge of the oceans and the factors that influence them is still limited, but is nonetheless sufficient for us to know that many fish stocks, both commercial and non-commercial, are depleted in the EU and elsewhere, and that while this is due to many factors, in most cases the principal cause is over-fishing,

F.

whereas scientific research on the sustainability of fishery resources presupposes the rejection of any assumptions based on preconceived ideas and, consequently, the proposal for an ecosystem-based analysis of the assessment of fishery resources will be truly ecosystem-based only if it is founded on validated scientific data,

G.

whereas such an ecosystem approach has to be dynamic and flexible in its information and decision-making processes, given the need for constant adaptation owing to the emergence of new scientific knowledge and new interrelations,

H.

whereas, according to the Commission Communication entitled ‘Reports from Member States on behaviours which seriously infringed the rules of the Common Fisheries Policy in 2006’ (COM(2008)0670), serious and worrying infringements of the CFP rules remain frequent, despite attempts to reduce the capacity of the Community fleet,

I.

whereas the assessment of fishery resources is concerned with the sustainability of stocks, and whereas this is fundamental for fishing activity, and safeguarding this sustainability is a matter for the Member States,

J.

whereas the main objective of fisheries policy, accepted by all the States participating in the World Summit for Sustainable Development held in Johannesburg in 2002, is to obtain maximum sustainable catches,

K.

whereas the sharp decline in income in the fishing industry is due to the depletion of many fish stocks of commercial value, which has made it necessary to impose restrictions on fishing activity, and to the stagnation/fall in prices at first sale, accompanied by the exponential increase in factors of production (diesel and petrol), a situation which is even worse in countries where these costs are higher, in particular owing to the absence or inadequacy of measures to support the industry by comparison with those adopted by other countries,

L.

whereas the Commission has proposed that a debate be launched on a possible reform of the CFP,

1.

Welcomes the above-mentioned Commission Communication on an ecosystem approach to marine management and emphasises that this initiative represents a contribution towards ensuring the exploitation of fishery resources so as to create sustainable conditions from the social, environmental and economic points of view;

2.

Stresses the need for the ecosystem approach to fisheries management to lead to a dynamic and flexible system of management, mutual learning and research, so as to incorporate further variables that might arise out of unforeseen factors of influence or other scientific disciplines in the future;

3.

In this context, calls on the Commission to include in its proposal methods and tools to allow for the mutual exchange of information and data and a continuous learning process among all stakeholders, in order to enable all of them to further develop the ecosystem approach with the objective of showing and proving the benefit for all;

4.

Points out that fishing is a fundamental activity for guaranteeing food and survival for the human race, and considers that this is the primordial aim of any and every fisheries policy;

5.

Draws attention to the key importance of the fisheries sector in some coastal communities of the EU from the economic, social and cultural points of view;

6.

Reiterates that the CFP should promote the modernisation and sustainable development of the fishing industry, safeguarding its socio-economic viability and the sustainability of fisheries resources, and guaranteeing the supply of fish to the public and food sovereignty and security, the preservation of jobs and improved living conditions for fishermen;

7.

Believes that any and every fisheries policy should take account of a multitude of dimensions - social, environmental and economic - that require an integrated and balanced approach that is incompatible with a vision that creates a hierarchy among them according to an a priori definition of priorities;

8.

Stresses that, taking account of its own objectives, a CFP must not be subordinate to other Community policies that have since been defined; considers, on the contrary, that these later policies must safeguard and integrate the objectives of fisheries policy;

9.

Points out that the sustained development of a given coastal region makes it necessary to enhance the interaction between its environmental, natural and human components and promote the quality of life of its fishing communities; reaffirms that a policy for fisheries must start from the principle of interdependence between the welfare of fishing communities and the sustainability of ecosystems of which they are an integral part;

10.

Emphasises, in this context, that it is necessary to recognise the specific character and importance of small-scale inshore fishing and artisanal fishing;

11.

Stresses, consequently, that seeking to meet the food needs of each Member State, safeguarding the viability of the strategic fishing industry and fishing communities and preserving the sustainability of marine ecosystems are not irreconcilable objectives;

12.

Considers that, in order to maintain fish stocks at an acceptable level worldwide, upper limits must also be set on the number of days fishermen may remain at sea;

13.

Points out that the application of an ecosystem approach to marine management necessarily requires a multidisciplinary and intersectoral action encompassing the various measures and policies that have an impact on marine ecosystems - going far beyond and upstream of policies adopted in the area of fisheries - without which it will not be possible to achieve the objectives of this approach;

14.

Reiterates the need to study and adopt measures in relation to a multitude of factors that have a profound impact on the sustainability of marine ecosystems and the state of fishery resources, and consequently on fishing activity, such as coastal and offshore pollution, industrial and agricultural effluents, alterations to river courses, deep-sea dredging, port activity, maritime transport and tourism;

15.

Stresses that there are significant differences between the various marine areas and their respective fishery resources, and also between the various fleets and fishing gear used and their impact on ecosystems, which requires fisheries management measures, such as technical modifications to nets, the closure of certain fishing areas and the reduction of fishing effort, that are diversified, specific and adapted to each case;

16.

Stresses the need to apply mechanisms to subsidise or compensate fishermen affected by the economic and social repercussions of multiannual recovery and management plans and measures to protect ecosystems;

17.

Points out that the necessarily gradual application of a global, interdisciplinary and intersectoral approach to marine management requires that scientific knowledge be constantly improved and deepened in order to guarantee the adoption of measures based on validated scientific data;

18.

Draws attention to the need for the Commission to include the fisheries sector in a genuine intersectoral plan for the preservation of the marine environment, in line with the provisions of the ‘Marine Strategy Framework Directive’ (2), the environmental pillar of the new European Maritime Policy;

19.

Stresses that scientific fisheries research is an essential tool for fisheries management that is indispensable for identifying the factors that influence the development of fishery resources, with a view to carrying out a quantitative assessment and developing models that make it possible to forecast their development, but also for improving fishing gear, vessels and working and safety conditions for fishermen, in conjunction with their knowledge and experience;

20.

Proposes that scientific studies be carried out capable of identifying the redistribution of marine species exploited by fisheries because of the impact of the recent change in the physical and chemical parameters of waters due to climate change; considers that these studies should serve as a basis for reformulating a number of existing stock recovery plans, for example the recovery plan for hake and langoustine off the Iberian Peninsula;

21.

Draws attention to the need to develop aquaculture research projects in order to replenish stocks of the most endangered species;

22.

Considers, in this connection, that it is necessary to invest in training for human resources, provide adequate financial resources and promote cooperation between the various public bodies in the Member States;

23.

Points out that scientific research should take account of the social, environmental and economic components of fishing activity; considers it essential to assess the impact of the various fisheries management systems/instruments on employment and income in fishing communities;

24.

Points out that, since fishing is an activity that exploits a self-renewable resource, the first and principal task of fisheries management is directly or indirectly to control total fishing effort in such a way as to achieve the objective of the 2002 Johannesburg Summit mentioned above;

25.

Urges the Commission to reconsider the present system of total allowable catches (TACs) and quotas as the principal instrument for managing marine resources and its usefulness given the present fishing restrictions;

26.

Urges the Commission to study and propose more open control and supervision systems in respect of fisheries landings, illegal catches and the discarding at sea of by-catches;

27.

Considers the above-mentioned measures to be fundamental for an accurate assessment of the state of fisheries resources by the competent scientific bodies;

28.

Recognises that the existing fisheries management instruments, based on TACs, have a direct impact on catches and an indirect impact on fishing effort; stresses, however, that management of fishing effort is needed to allow this method to work more effectively; urges the Commission to study the various instruments for managing fishery resources, while ensuring that the current instruments are not altered until an alternative becomes available that will guarantee the more appropriate exploitation of fishery resources;

29.

Stresses that the distribution of TACs by fleets and fishing gear, respecting the principle of relative stability, falls within the exclusive competence of each Member State; considers that the distribution of quotas in each Member State should take account of the type of gear (trawl and others) and the respective catches;

30.

Expresses its deep concern at the possibility of any change being made to the CFP that promotes the concentration of fishing activity, in particular as regards the right of access to resources;

31.

Points out that the reduction and concentration of quotas among a limited number of operators does not necessarily mean a reduction in fishing effort, but merely the concentration of fishery resource exploitation;

32.

Applauds the positive discrimination regarding aid to renovate the fleet in some outermost regions of the EU and considers it fundamental that this aid be maintained beyond the end of the present financial framework 2007-2013 so that it is possible to ensure, even thereafter, a form of fishing which is sustainable and environmentally-friendly;

33.

Considers it vital to maintain the access derogation to the zone falling within territorial waters at at least 12 miles, as a way of fostering the sustainability of coastal marine ecosystems, traditional fishing activities and the survival of fishing communities; calls for this derogation to be permanent in nature;

34.

Calls for the area corresponding to the EEZs of the outermost regions to be considered an ‘exclusive access zone’ on a permanent basis in order to guarantee the sustainability of marine ecosystems, fishing activity and local fishing communities;

35.

Considers it insufficient to measure fishing effort in a uniform way, without taking account of the diversity of fleets and gear; considers that controlling fishing effort should take account of the various species, the various fishing gear and the assessed impact of catches on stocks of each species;

36.

Considers that the emphasis placed on fishing effort based on kw/day is useful only in the case of trawl fishing but is not appropriate to other gear;

37.

Considers that area restrictions (closed or protected areas, such as protected marine areas) require a multidisciplinary scientific basis to support them, in particular as regards the influence of the various activities and factors which have a real impact on ecosystems and as regards the real benefits offered by their creation, which should include specific in-depth studies on their environmental and socio-economic impact on fishing communities;

38.

Notes that restrictions on fishing capacity have mainly been brought about by promoting the scrapping of vessels but have not been applied uniformly in the various Member States; stresses, consequently, that matching the various national fleets to fishery resources must take account of the reduction in fishing effort already brought about;

39.

Considers that a policy that encourages the indiscriminate scrapping of vessels without taking account of the specific features of fleets, fishery resources and needs as regards consumption in each Member State, and the socio-economic impact, is inappropriate and unjustified;

40.

Considers, therefore, that one of the first tasks to be carried out in the area of fisheries management is to assess scientifically whether there are any over-large fleets and over-exploited resources, and which they are, so that suitable specific measures can be adopted;

41.

Notes that the precautionary approach to fisheries management is defined in Council Regulation (EC) No 2371/2002 as ‘the absence of adequate scientific information should not be used as a reason for postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment’;

42.

Reaffirms the importance of monitoring fisheries management, which falls within the competence of the Member States;

43.

Calls for support for the installation and modernisation of Member States' own means of surveillance, monitoring and control of their EEZs, taking account of the fight against illegal, unreported and unregulated (IUU) fishing, the stepping-up of maritime safety and the conservation of marine ecosystems;

44.

Considers it essential to apply the measures already taken against IUU fishing and calls on the Member States to strengthen their control mechanisms;

45.

Urges the Commission to propose measures making imported fishery products placed on the internal market subject to the same requirements as those applying to fishery products in the various Member States;

46.

Reiterates the need constantly to improve fishing gear in order to perfect its selectivity, which will be an important factor in reducing by-catches and their impact on the environment; calls on the Commission to develop specific policy instruments to encourage fishermen to take all available measures to reduce their by-catches as far as possible;

47.

Considers that the introduction of industrial trawl gear led to an increase in fishing mortality which made it necessary to introduce separate controls on this gear, for example by maintaining the restrictions imposed on fishing areas (proximity to or distance from the coast);

48.

Urges the Commission to promote more environmentally sound fishing practices through the use of more selective fishing techniques which are able to reduce by-catches and fuel consumption during fishing periods;

49.

Calls on the Commission to speed up the process of the eco-certification of fish as much as possible, in order to promote cleaner and more environmentally-friendly fisheries;

50.

Stresses that involving the fishing industry in the shaping, application and assessment of the various measures under the CFP is vital for the adoption of more appropriate and effective policies;

51.

Points out that Regional Advisory Councils can play an important role in the CFP decision-making process, since they involve fishermen and researchers responsible for the assessment of fishery resources; considers that their operation should be properly funded;

52.

Stresses that, within the framework of regional policy and good neighbourhood policy, cooperation with non-Community fleets exploiting shared stocks should be increased so as to ensure the viability of such stocks;

53.

Stresses the need to support groups of fishermen and professional organisations that are prepared to share responsibility for the application of the CFP (co-management);

54.

Urges greater decentralisation of the CFP, to allow greater involvement of fishermen, their representative organisations and fishing communities in the CFP and fisheries management, while ensuring that minimum standards are to be met that are consistent and coherent across the Community;

55.

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

24.2.2010   

EN

Official Journal of the European Union

CE 46/38

—

having regard to the Commission communication of 24 June 2008 on Public Finances in EMU - 2008 – The role of quality of public finances in the EU governance framework (COM(2008)0387),

—

having regard to the Commission communication of 13 June 2007 on Public Finances in EMU - 2007 – Ensuring the effectiveness of the preventive arm of the SGP (COM(2007)0316),

—

having regard to the Commission communication of 7 May 2008 on EMU@10: successes and challenges after 10 years of Economic and Monetary Union (COM(2008)0238),

—

having regard to its resolution of 26 April 2007 on public finances in the EMU 2006 (1),

—

having regard to its resolution of 22 February 2005 on public finances in EMU - 2004 (2),

—

having regard to its resolution of 12 July 2007 on the 2007 annual report on the eurozone (3),

—

having regard to its resolution of 14 November 2006 on the 2006 annual report on the euro area (4),

—

having regard to its resolution of 20 February 2008 on the input for the 2008 Spring Council as regards the Lisbon Strategy (5),

—

having regard to its resolution of 15 November 2007 on the European interest: succeeding in the age of globalisation (6),

—

having regard to its resolution of 15 February 2007 on the Situation of the European economy: preparatory report on the broad economic policy guidelines for 2007 (7),

—

having regard to the Commission communication of 25 October 2005 on The Contribution of Taxation and Customs Policies to the Lisbon Strategy (COM(2005)0532) and Parliament's resolution of 24 October 2007 thereon (8),

—

having regard to its resolution of 3 July 2003 on gender budgeting - building public budgets from a gender perspective (9),

—

having regard to the resolution of the European Council on economic policy coordination in stage 3 of EMU and on Articles 109 and 109b of the EC Treaty, annexed to the Presidency conclusions following the meeting of the European Council in Luxembourg on 12 and 13 December 1997,

—

having regard to the Presidency conclusions following the meeting of the European Council of 11 and 12 December 2008 and the conclusions of the extraordinary meeting of the Ecofin Council of 16 December 2008 as regards the management of the financial crisis,

—

having regard to the conclusions of the Ecofin Council meeting of 4 November 2008 as regards international initiatives in response to the financial crisis and preparations for the international summit on the crisis,

—

having regard to the Commission communication of 29 October 2008 entitled ‘From financial crisis to recovery: A European framework for action’ (COM(2008)0706),

—

having regard to the Presidency conclusions following the meeting of the European Council in Brussels on 15 and 16 October 2008 in regard to strengthening the regulation and supervision of the financial markets,

—

having regard to the meeting of the Heads of State and Government of the Eurogroup, held on 12 October 2008, with a view to adopting a coordinated rescue plan to combat the economic crisis,

—

having regard to the conclusions of the Ecofin Council meeting of 7 October 2008 as regards immediate responses to the financial turmoil, and to Parliament's resolution of 22 October 2008 on the European Council meeting of 15 and 16 October 2008 (10),

—

having regard to the conclusions of the Ecofin Council meeting of 14 May 2008 as regards ensuring the future efficiency and effectiveness of social expenditure and way forward on the analysis of the quality of public finances,

—

having regard to the conclusion s of the Ecofin Council meeting of 9 October 2007 as regards the quality of public finances: modernisation of public administration,

—

having regard to the conclusions of the Ecofin Council meeting of 10 October 2006 as regards the quality of public finances,

—

having regard to Rule 45 of its Rules of Procedure,

—

having regard to the report of the Committee on Economic and Monetary Affairs (A6-0507/2008),

A.

whereas quality public finances (QPFs) targeting sustainable development signal our commitment to future generations, which is particularly important in the current situation of major upheaval on the markets,

B.

whereas there is a need to develop QPF policies, coordinated at Community level, and particularly in the euro area, which are framed and assessed on the basis of standardised common instruments and aimed at supporting growth throughout the period in order to meet the challenges of demographic change, globalisation and climate change,

C.

whereas the aim of public finances should be to support the macro-economic framework, provide public services and goods and counterbalance market failures and external impacts,

D.

whereas a conceptual and operational framework for QPF targeting growth, and making growth the ultimate reference point for the assessment of QPF, are inextricably linked with the consideration that Member States' budgetary and public expenditure policies must be oriented towards the maintenance and innovation of the welfare state, social security protection and the redistribution of resources,

E.

whereas the low level of public investment in the European Union (under 3 % of GDP), and its fragmentary nature, have adverse effects for the objective of sustainable long-term growth, which in fact requires targeted and prioritised public expenditure,

F.

whereas it is necessary and appropriate to approach the analysis and assessment of public finances, and the prospects for their sustainability, from a gender perspective,

1.

Notes that the analysis of the public financial situation in 2007 and the first part of 2008 clearly shows a change in the economic trend and notes that the latest economic forecasts confirm a trend towards recession, coupled with a continued lower rate of inflation and increasing income disparities;

2.

Expresses its concern at the difficult economic and financial situation currently affecting Europe and the world, which is creating an unprecedented level of instability, and notes the new dynamics that are developing in the relationship between the public and private sectors and changes in monetary and economic policy where, in the face of market failures and a lack of rules and supervision, public sector intervention is reassuming a pivotal role, sometimes taking the form of outright nationalisation;

3.

Points out that the crisis in strategic sectors, and especially in the fields of finance and transport, is spurring public investment in takeovers, without care being taken to limit those rescue operations to what is strictly necessary for sustaining and developing the European economy and to ensure they do not respond to purely national interests;

4.

Considers that the Commission and the Member States must provide for an appropriate assessment of the repercussions for public finances of public sector support and participation in major industries and the financial and credit sector; would also consider it useful for those repercussions to be assessed in relation to competition, the functioning of the internal market and the maintenance of a level playing field;

5.

Emphasises that the revised Stability and Growth Pact (SGP) already allows for action to be taken in response to particularly serious situations and that financial consolidation and the objectives set in the stability and convergence plans remain fundamental to the prospects for recovery and growth; fully supports, in this respect, the latest Presidency conclusion following the meeting of the European Council of 11 and 12 December 2008, underlining both the flexibility and the sustainability of public finance in the interest of a quick and sustained economic recovery;

6.

Points to the importance of a coordinated approach at Community level to combat tax evasion and tax havens – in the interests of the public, the taxpayer and public accounts – especially at a time when financial consolidation and levels of public debt are liable to be adversely affected by the considerable public investments being made in support of major financial and industrial players;

7.

Stresses that it is also in the interests of the public, the taxpayer and public budgets to ensure that every intervention and use of public funds for rescuing financial organisations is accompanied by appropriate supervision, concrete improvements in the governance and business conduct of the enterprise or institution, precise limits on the amounts paid to executives and clear accountability vis-à-vis the public authorities; feels it would be helpful, in that context, for the Commission to promote the introduction of guidelines to ensure a consistent and coordinated implementation of the various national action plans;

8.

Takes the view that the wholesale public sector intervention in several Member States to rescue and support the banking and finance industry will have clear repercussions for public finances and personal incomes; considers it necessary, therefore, for the tax burden to be suitably and equitably spread among all taxpayers, entailing, on the one hand, the imposition of an appropriate level of taxation on all financial players and, on the other, provision for a gradual and sharp reduction in the tax burden on mid to low-level salaries and pensions – with tax deductions, revised tax rates and compensation for fiscal drag - in such a way as to reduce poverty, and not just extreme poverty, and to promote consumption and a growth in demand, thereby responding counter-cyclically to the current economic crisis, which presages a recession;

9.

Stresses that European macro-economic policies must provide a swift and coordinated response to the risks of recession and financial instability, and urges the Commission and the Member States – and particularly those in the euro area - to make intelligent and unidirectional use of the flexibility in the SGP and suitable counter-cyclical mechanisms aimed at structural change, efficient allocation of public funds, restructuring of public expenditure and investments for growth in line with the Lisbon objectives, devoting special attention to the role of small and medium-sized enterprises;

10.

Emphasises, in that context, the need, particularly in the euro area, for a common approach on wage policies, which provides for wage increases in line with actual inflation and productivity, since fiscal and wage policies are powerful and effective levers on demand and for economic stability and growth;

11.

Welcomes the fact that decision-making areas are beginning to emerge in which the Euro Group acts as the (prime) political and economic coordination body to pinpoint swift responses and jointly agreed strategies, not just in response to the economic and financial crisis, but also to revitalise macro-economic and joint investment strategies aimed at enhancing prospects for growth, averting serious repercussions on public finances and financial stability in the European Union and helping to achieve a better balance between economic and monetary policies within the European Union;

12.

Considers that it would be useful to establish a compulsory mechanism for consultation and coordination between the Commission and the Member States –particularly members of the Euro Group – prior to the adoption of major economic measures, in particular as regards measures addressing the volatility of prices for energy, raw materials and foodstuffs;

13.

Considers the sustainability of public finances to be a pre-condition and priority not only for stability and growth and the formulation of each Member State's macro-economic employment, social and environmental policies, but also for the future of the economy and the European social model intrinsic to the development of the European Union;

14.

Expresses its deep concern over the direct consequences of the current international financial crisis on the sustainability and quality of public finances in the Member States; expresses particular concern over the impact of that crisis on the real economy and balance of payments in the new Member States, which are not within the euro area, and which are witnessing a drastic reduction in direct foreign investment;

15.

Points out that deficit and public debt are having a negative impact on growth in so far as they limit the room for manoeuvre of Member States during periods of crisis; calls on the Member States to make greater efforts to consolidate their budgets and reduce the public debt during periods of growth as a pre-condition for achieving a healthy, competitive and sustainable European economy; points out also that ill-designed measures to reduce the deficit and public debt – such as indiscriminate cuts in public investment – have an adverse effect on long-term growth prospects;

16.

Points out that in the light of new international circumstances due to the present financial crisis and the economic slump which has already begun to affect employment and growth in the euro area, rising deficits are difficult to avoid; suggests, therefore, that Member States make more targeted use of the flexibility provided by the SGP in order to encourage economic recovery and growth; draws attention to the budgetary implications of the current financial crisis, and calls on the Commission to evaluate the effects on Member States' public finances of the public funds used in the rescue plans for national financial institutions; calls on the Commission to examine the effects of the SGP criteria in the current context, when economic growth is slow and several Member States face the prospect of recession, and calls for an evaluation of the effects of the rising cost of credit on the public debt of Member States;

17.

Notes that the revised SGP is functioning properly; considers that its corrective arm has been applied in a satisfactory manner in previous years and stresses the importance of its preventive arm as a vital instrument in respect of the sustainability and convergence of the financial policies of Member States, in particular those in the euro area;

18.

Shares the Commission's views on the importance of the preventive arm of the SGP, on support and reminders for the Member States and on the exchange of best practices; agrees, in particular, that the preventative arm should be based on a medium-term approach to budgetary policies and on coordination at Community level, given that effective action requires joint understanding of the economic and budgetary policy challenges in the European Union and a strong political commitment to addressing these through counter-cyclical interventions that pull in the same direction;

19.

Stresses the importance of the medium-term objective (MTO) as a specific budgetary target hitched to economic, fiscal and incomes policies, which should be achieved through macro-economic dialogue, geared to the specific situation in each Member State and determined on a multiannual basis; urges the Member States to strengthen the credibility and legitimacy of the MTO both at national, through closer involvement of government departments, national parliaments and the social partners (national ownership) and at local level, through sub-national public finance, by establishing regional SGPs and MTOs, taking account of the impact which local public expenditure and investment have on national public finances and on the growth prospects of the various countries;

20.

Considers consistency between multiannual budgetary programmes and the establishing and implementation of annual budgets to be of fundamental importance; calls on the Member States for greater rigour when establishing macro-economic forecasts and closer coordination when establishing the criteria, timescales and objectives for multiannual expenditure frameworks, in order to ensure the increased efficiency and better performance of budgetary and macro-economic policies at Community level;

21.

Points out that Member States need additional structural reforms and more budgetary discipline, as well as anti-cyclical fiscal policies, reducing budgetary deficits in times of economic growth, in order to be better prepared for dealing with negative external shocks;

22.

Stresses the importance of designing macroeconomic plans for tackling external shocks (such as the subprime financial crisis) that take into account not only the situation in the euro area, but also that in the catching-up economies of the European Union;

23.

Points out that the key objective of having sound and consolidated public finances should be defined on the basis of the obligations under the new SGP and, at the same time, the development, growth and competitive perspective of the Lisbon Strategy, which requires structural reforms, as well as public spending and taxation structures that will support investments (in human capital, research and innovation, education and training, including higher education, health, infrastructure, the environment, security and justice) and the redistribution of income in order to promote social cohesion, growth and employment;

24.

Stresses that public finance objectives, established on the basis of the integrated guidelines in the new Lisbon cycle, should link up stability and convergence plans with national reform plans in a coherent and organic manner; believes that the value added of healthy and growth-oriented European public finances should be reflected – in particular in the euro area - in a European public infrastructure investments policy, formulated and coordinated on the basis of shared objectives, that can be funded not only from national budgets and (partially) the EU budget, but also from new European financial instruments (e.g. Eurobond or the European Investment Fund) aimed at sustaining the growth, productivity and competitiveness of the European Union and the euro area in the international context;

25.

Considers that it would be useful to establish a compulsory mechanism for consultation of the national parliaments, alongside the European Parliament, with an eye on the coordinated development of stability and convergence programmes under the SGP, and of national reform programmes under the integrated Lisbon guidelines, in such a way that these are linked and presented together, possibly in the autumn of each year;

26.

Agrees that demographic change is making structural reform more necessary, in particular as regards pension schemes, public health and long-term care, and points out that it would be too restrictive to focus solely on the ageing population (and falling birth rate) without taking account of the impact of globalisation, including the unstoppable flow of immigrants coming from third countries not only for economic reasons but also as a means of fleeing war and climatic disasters;

27.

Points to the importance of employment and social inclusion policies, taking due account of the needs of different generations, genders and people, based on the principles of flexicurity and thus pro-active measures to support wages and incomes by means of social dialogue giving priority to increasing productivity without neglecting measures to protect pensions, bearing in mind that inadequate pensions are not only a social problem but also give rise to an increase in social security spending and, as a result, higher costs for public finances;

28.

Considers that the financial markets and services covered by Lisbon Strategy policies should be anchored to financial stability and to supervision mechanisms providing a guarantee of protection against negative repercussions for growth and public finances; expresses its concern at indications that derivatives and new financial instruments are being used, especially by local administrations, that could bring local areas to their knees;

29.

Considers it necessary to adopt a new approach to public finances which is systematic and coordinated among the Member States, and in particular those of the euro area, and which aims to support long-term economic growth (and potential for growth) and is centred on a multi-dimensional framework for defining and measuring the quality of public finances that makes the European economy resilient to external shocks and enables it to respond to demographic challenges and international competition and to ensure social equity and cohesion;

30.

Considers it essential that the Member States seek to implement QPF policies that are convergent and based on a method of assessment that includes indicators and objectives, the formulation and definition of which should involve the European Parliament and national parliaments; considers the Commission proposal to be useful and advocates a system for assessing budgetary policies that focuses on specific aspects such as composition, efficiency and effectiveness of public expenditure, the structure and effectiveness of revenue systems, the efficiency and quality of public administration, sound budgetary management and a method for coordinating QPF policies among Member States; calls for a greater comparability of national budgets in order to meet the above objectives;

31.

Urges the Member States to adopt QPF policies together with a system for assessing budgetary policies – such as performance-based budgeting (PBB) (based on the OECD model) – aimed at improving the quality of public spending by strengthening the link between the allocation of resources and results; notes that gender budgeting is a good example of PBB, a method proposed and promoted by Parliament itself and applied to varying degrees at local and central level in the various Member States and which should be implemented more consistently, including at Community level; calls on the Commission to establish PBB methods, guidelines and indicators making it possible to compare and harmonise the financial and macro-economic policies of the Member States, and acknowledges that this calls for greater involvement and therefore a greater sense of responsibility on the part of informed citizens;

32.

Welcomes the reflection initiated by the Commission on how to introduce quality, effectiveness and efficiency in the revenue system; considers that the tax reforms of Member States will lead to greater growth only if they take due account of the specific conditions of the institutional and administrative system, the production system and the labour market (in particular the rate of employment and size of the underground economy), in each Member State;

33.

Points to the existing disparities between Member States as regards tax pressure and structures; acknowledges the difficulty of devising a homogeneous reform of taxation leading to greater growth – given the advantages (broader base) and drawbacks (weakening of the principle of progressiveness) of a switch from direct taxation to indirect, consumption-based taxation; stresses, however, that a number of common tax reform measures could significantly improve the efficiency of the tax system and tax revenue, increase employment, reduce distortions and increase growth at Community level, notably, inter alia:

34.

Draws attention to the fact that tax reforms aimed at sound public finances, growth, efficiency, simplification, the elimination of distortion and combating tax evasion and avoidance and tax havens will be more effective if coordinated and consolidated among the Member States, in particular those in the euro area, taking account of the internal market's potential for development and competitiveness;

35.

Draws attention to the core issue of the composition of public expenditure aimed at sustainable growth and stresses that the quality and effectiveness of investments in infrastructure and human capital, with priority being given to services of general interest on the basis of a prior definition of people's needs and the composition of the population, and special attention to gender policies and demographic change, contribute to an increase in the productivity and competitiveness of the European economy; points out that the pressure on social and health services arising from the ageing of the population can be reduced through investment in health education; stresses that public expenditure should be reorganised by reallocating budget items to growth-enhancing sectors, using public resources more effectively and efficiently and providing for an appropriate integrated public-private network;

36.

Points to the need to reform and modernise public administrations, which are at the core of the system of public expenditure and revenue, and to ensure that they meet criteria relating to effectiveness, efficiency and productivity, responsibility and assessment of results, geared to the structure of public administration and the national and local institutions of Member States, and taking due account of the obligations and opportunities arising from the operation of the European Union, ensuring that the public sector is associated with sound budgets and contributes to a competitive economy;

37.

Emphasises the central role of sound budgetary management, based on a set of rules and procedures aimed at determining how public budgets are to be prepared, implemented and monitored in the medium term, taking account of the Member States' budgetary consolidation and the reorganisation of public expenditure, to be accompanied by a context analysis method (at Community, national and local level) and the definition of objectives, including prior and subsequent impact assessment, verification and evaluation of results and performances, and adjustment mechanisms by PBB; considers that steps should be taken to ensure that Member States' fiscal governance rules are homogeneous and context-driven in as regards both their timing and their objectives, in particular within the euro area; considers also that those fiscal governance rules should be linked to economic governance, with a view to promoting shared budgetary, economic and investment options, being geared to the same goals in order to be more effective and have a multiplier effect, and achieving significant results, which are all the more necessary in difficult economic circumstances such as those currently being experienced; takes the view that there is a danger that uncoordinated national economic revival plans may cancel each other out; notes, with this in mind, that national budgets must be drawn up on the basis of joint economic perspectives and analyses;

38.

Calls on the Commission and the Member States, in the light of the above, to set up a coordination mechanism to monitor and assess the quality of Member States' budgetary policies that is closely connected to the mechanisms of the SGP and implements the Lisbon Strategy integrated guidelines, based on systematic quality reporting, QPF assessment through a PBB system and periodic reviews of QPF;

39.

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

24.2.2010   

EN

Official Journal of the European Union

CE 46/46

—

having regard to Rule 116 of its Rules of Procedure,

A.

whereas nearly 14 million persons in the European Union and 1 to 3 % of the general population worldwide suffer from fibromyalgia, a debilitating condition resulting in chronic widespread pain,

B.

whereas the World Health Organisation has recognised fibromyalgia as a disease since 1992, but it is still not coded in the official index of conditions in the EU, which excludes patients from formal diagnosis,

C.

whereas patients with fibromyalgia make more GP visits, have more specialist referrals, are issued more sick notes and receive more in-patient services, and thus generate a considerable economic burden for the EU,

D.

whereas people with fibromyalgia struggle to lead full and independent lives, unless they have access to appropriate treatment and support,

1.

Calls on the Council and the Commission to:

2.

Instructs its President to forward this declaration, together with the names of the signatories, to the Council, the Commission and the parliaments of the Member States.

List of signatories

Adamos Adamou, Vincenzo Aita, Jim Allister, Alexander Alvaro, Roberta Alma Anastase, Georgs Andrejevs, Laima Liucija Andrikienė, Emmanouil Angelakas, Stavros Arnaoutakis, Richard James Ashworth, Robert Atkins, Elspeth Attwooll, Margrete Auken, Liam Aylward, Pilar Ayuso, Maria Badia i Cutchet, Paolo Bartolozzi, Katerina Batzeli, Jean Marie Beaupuy, Christopher Beazley, Zsolt László Becsey, Angelika Beer, Bastiaan Belder, Ivo Belet, Irena Belohorská, Thijs Berman, Slavi Binev, Šarūnas Birutis, Johannes Blokland, Sebastian Valentin Bodu, Herbert Bösch, Victor Boștinaru, Costas Botopoulos, Catherine Boursier, John Bowis, Sharon Bowles, Emine Bozkurt, Mihael Brejc, Frieda Brepoels, Hiltrud Breyer, Jan Březina, Danutė Budreikaitė, Kathalijne Maria Buitenweg, Nicodim Bulzesc, Ieke van den Burg, Colm Burke, Philip Bushill-Matthews, Niels Busk, Cristian Silviu Bușoi, Philippe Busquin, Simon Busuttil, Jerzy Buzek, Maddalena Calia, Martin Callanan, Mogens Camre, Marie-Arlette Carlotti, David Casa, Paulo Casaca, Michael Cashman, Pilar del Castillo Vera, Jorgo Chatzimarkakis, Zdzisław Kazimierz Chmielewski, Ole Christensen, Sylwester Chruszcz, Philip Claeys, Luigi Cocilovo, Carlos Coelho, Richard Corbett, Dorette Corbey, Giovanna Corda, Jean Louis Cottigny, Jan Cremers, Gabriela Crețu, Brian Crowley, Magor Imre Csibi, Marek Aleksander Czarnecki, Ryszard Czarnecki, Daniel Dăianu, Joseph Daul, Dragoș Florin David, Chris Davies, Antonio De Blasio, Bairbre de Brún, Arūnas Degutis, Jean-Luc Dehaene, Véronique De Keyser, Panayiotis Demetriou, Gérard Deprez, Proinsias De Rossa, Marielle De Sarnez, Marie-Hélène Descamps, Albert Deß, Mia De Vits, Jolanta Dičkutė, Gintaras Didžiokas, Koenraad Dillen, Giorgos Dimitrakopoulos, Alexandra Dobolyi, Bert Doorn, Avril Doyle, Mojca Drčar Murko, Andrew Duff, Árpád Duka-Zólyomi, Constantin Dumitriu, Lena Ek, Saïd El Khadraoui, James Elles, Edite Estrela, Harald Ettl, Jill Evans, Jonathan Evans, Fernando Fernández Martín, Francesco Ferrari, Anne Ferreira, Elisa Ferreira, Ilda Figueiredo, Petru Filip, Roberto Fiore, Alessandro Foglietta, Hanna Foltyn-Kubicka, Glyn Ford, Carmen Fraga Estévez, Juan Fraile Cantón, Armando França, Monica Frassoni, Duarte Freitas, Urszula Gacek, Michael Gahler, Kinga Gál, Milan Gaľa, Vicente Miguel Garcés Ramón, José Manuel García-Margallo y Marfil, Elisabetta Gardini, Jean-Paul Gauzès, Evelyne Gebhardt, Eugenijus Gentvilas, Georgios Georgiou, Lidia Joanna Geringer de Oedenberg, Claire Gibault, Neena Gill, Lutz Goepel, Bruno Gollnisch, Ana Maria Gomes, Hélène Goudin, Genowefa Grabowska, Dariusz Maciej Grabowski, Ingeborg Gräßle, Martí Grau i Segú, Nathalie Griesbeck, Lissy Gröner, Elly de Groen-Kouwenhoven, Françoise Grossetête, Ignasi Guardans Cambó, Ambroise Guellec, Pedro Guerreiro, Cristina Gutiérrez-Cortines, Fiona Hall, David Hammerstein, Małgorzata Handzlik, Malcolm Harbour, Marian Harkin, Rebecca Harms, Erna Hennicot-Schoepges, Jeanine Hennis-Plasschaert, Edit Herczog, Jim Higgins, Richard Howitt, Ján Hudacký, Ian Hudghton, Stephen Hughes, Alain Hutchinson, Filiz Hakaeva Hyusmenova, Monica Maria Iacob-Ridzi, Sophia in 't Veld, Mikel Irujo Amezaga, Marie Anne Isler Béguin, Caroline Jackson, Lily Jacobs, Mieczysław Edmund Janowski, Lívia Járóka, Elisabeth Jeggle, Jelko Kacin, Filip Kaczmarek, Gisela Kallenbach, Othmar Karas, Sajjad Karim, Ioannis Kasoulides, Sylvia-Yvonne Kaufmann, Metin Kazak, Tunne Kelam, Glenys Kinnock, Timothy Kirkhope, Dieter-Lebrecht Koch, Jaromír Kohlíček, Christoph Konrad, Maria Eleni Koppa, Eija-Riitta Korhola, Rodi Kratsa-Tsagaropoulou, Wolfgang Kreissl-Dörfler, Ģirts Valdis Kristovskis, Sepp Kusstatscher, Joost Lagendijk, André Laignel, Jean Lambert, Alexander Graf Lambsdorff, Vytautas Landsbergis, Esther De Lange, Raymond Langendries, Romano Maria La Russa, Henrik Lax, Johannes Lebech, Roselyne Lefrançois, Klaus-Heiner Lehne, Jo Leinen, Jean-Marie Le Pen, Marcin Libicki, Peter Liese, Kartika Tamara Liotard, Alain Lipietz, Pia Elda Locatelli, Eleonora Lo Curto, Andrea Losco, Patrick Louis, Caroline Lucas, Sarah Ludford, Astrid Lulling, Elizabeth Lynne, Marusya Ivanova Lyubcheva, Jules Maaten, Linda McAvan, Arlene McCarthy, Mary Lou McDonald, Mairead McGuinness, Edward McMillan-Scott, Jamila Madeira, Eugenijus Maldeikis, Ramona Nicole Mănescu, Thomas Mann, Marian-Jean Marinescu, Catiuscia Marini, Helmuth Markov, Sérgio Marques, Maria Martens, David Martin, Miguel Angel Martínez Martínez, Antonio Masip Hidalgo, Véronique Mathieu, Marios Matsakis, Maria Matsouka, Manolis Mavrommatis, Erik Meijer, Emilio Menéndez del Valle, Rosa Miguélez Ramos, Miroslav Mikolášik, Gay Mitchell, Eluned Morgan, Luisa Morgantini, Philippe Morillon, Jan Mulder, Cristiana Muscardini, Juan Andrés Naranjo Escobar, Michael Henry Nattrass, Cătălin-Ioan Nechifor, Bill Newton Dunn, James Nicholson, null Nicholson of Winterbourne, Rareș-Lucian Niculescu, Angelika Niebler, Lambert van Nistelrooij, Péter Olajos, Jan Olbrycht, Seán Ó Neachtain, Gérard Onesta, Ria Oomen-Ruijten, Dumitru Oprea, Josu Ortuondo Larrea, Miroslav Ouzký, Siiri Oviir, Reino Paasilinna, Maria Grazia Pagano, Justas Vincas Paleckis, Marie Panayotopoulos-Cassiotou, Vladko Todorov Panayotov, Pier Antonio Panzeri, Dimitrios Papadimoulis, Georgios Papastamkos, Neil Parish, Ioan Mircea Pașcu, Aldo Patriciello, Alojz Peterle, Maria Petre, Tobias Pflüger, João de Deus Pinheiro, Hubert Pirker, Francisca Pleguezuelos Aguilar, Zita Pleštinská, Rovana Plumb, Guido Podestà, José Javier Pomés Ruiz, Mihaela Popa, Nicolae Vlad Popa, Miguel Portas, Horst Posdorf, Bernd Posselt, Christa Prets, Vittorio Prodi, John Purvis, Poul Nyrup Rasmussen, Vladimír Remek, Karin Resetarits, José Ribeiro e Castro, Teresa Riera Madurell, Frédérique Ries, Karin Riis-Jørgensen, Marco Rizzo, Bogusław Rogalski, Zuzana Roithová, Luca Romagnoli, Raül Romeva i Rueda, Dagmar Roth-Behrendt, Libor Rouček, Paul Rübig, Heide Rühle, Flaviu Călin Rus, Leopold Józef Rutowicz, Eoin Ryan, Aloyzas Sakalas, José Ignacio Salafranca Sánchez-Neyra, María Isabel Salinas García, Antolín Sánchez Presedo, Daciana Octavia Sârbu, Toomas Savi, Christel Schaldemose, Agnes Schierhuber, Carl Schlyter, Olle Schmidt, Pál Schmitt, György Schöpflin, Jürgen Schröder, Martin Schulz, Adrian Severin, Brian Simpson, Kathy Sinnott, Peter Skinner, Alyn Smith, Csaba Sógor, Renate Sommer, Søren Bo Søndergaard, María Sornosa Martínez, Jean Spautz, Bart Staes, Grażyna Staniszewska, Petya Stavreva, Dirk Sterckx, Struan Stevenson, Catherine Stihler, Theodor Dumitru Stolojan, Dimitar Stoyanov, Daniel Strož, Robert Sturdy, Margie Sudre, David Sumberg, László Surján, Gianluca Susta, Eva-Britt Svensson, József Szájer, István Szent-Iványi, Hannu Takkula, Charles Tannock, Michel Teychenné, Britta Thomsen, Marianne Thyssen, Silvia-Adriana Țicău, Gary Titley, Patrizia Toia, László Tőkés, Ewa Tomaszewska, Witold Tomczak, Jacques Toubon, Antonios Trakatellis, Catherine Trautmann, Kyriacos Triantaphyllides, Evangelia Tzampazi, Thomas Ulmer, Adina-Ioana Vălean, Johan Van Hecke, Anne Van Lancker, Geoffrey Van Orden, Daniel Varela Suanzes-Carpegna, Ioannis Varvitsiotis, Donato Tommaso Veraldi, Bernadette Vergnaud, Marcello Vernola, Cornelis Visser, Sahra Wagenknecht, Diana Wallis, Graham Watson, Henri Weber, Manfred Weber, Renate Weber, Anja Weisgerber, Jan Marinus Wiersma, Anders Wijkman, Glenis Willmott, Iuliu Winkler, Janusz Wojciechowski, Corien Wortmann-Kool, Anna Záborská, Zbigniew Zaleski, Mauro Zani, Andrzej Tomasz Zapałowski, Stefano Zappalà, Tatjana Ždanoka, Vladimír Železný, Roberts Zīle, Marian Zlotea, Jaroslav Zvěřina, Tadeusz Zwiefka

24.2.2010   

EN

Official Journal of the European Union

CE 46/48

—

having regard to the Charter of Fundamental Rights of the European Union (the Charter) of 7 December 2000, as adapted on 12 December 2007,

—

having regard to the objectives of making the Union an area of freedom, security and justice and of implementing the principles of liberty, democracy and respect for fundamental rights and the rule of law, as set out in Articles 6 and 7 of the Treaty on European Union (EU Treaty),

—

having regard to the innovations to which the governments of the Member States gave their agreement on 13 December 2007 by signing the Lisbon Treaty, the most significant of which are the conferral of binding legal status on the Charter and the requirement to accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms (the ECHR),

—

having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (1), Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (2), and to the Council of Europe's Framework Convention for the Protection of National Minorities,

—

having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (3) (the Agency),

—

having regard to the reports of the Agency, the European Monitoring Centre on Racism and Xenophobia and the non-governmental organisations (NGOs) concerned,

—

having regard to the decisions of the Court of Justice of the European Communities (ECJ) and of the European Court of Human Rights (ECtHR),

—

having regard to the annual reports on fundamental rights in the European Union drawn up by the European Union's network of independent experts,

—

having regard to the reports by the bodies of the Council of Europe, in particular the reports on the human rights situation drawn up by the Parliamentary Assembly and the Commissioner for Human Rights,

—

having regard to the reports of its Committee on Civil Liberties, Justice and Home Affairs on visits to detention centres for immigrants in an irregular situation,

—

having regard to its resolutions on fundamental rights and human rights,

—

having regard to the series of public meetings and exchanges of views organised in preparation for the drafting of this resolution by its Committee on Civil Liberties, Justice and Home Affairs, in particular those held on 8 October 2007 with constitutional and supreme court judges, on 19 May 2008 with the Council of Europe's Commissioner for Human Rights and on 6 October 2008 with representatives of NGOs,

—

having regard to Rule 45 of its Rules of Procedure,

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Culture (A6-0479/2008),

A.

whereas Article 6 of the EU Treaty states that the European Union is based on a community of values and on respect for fundamental rights, as guaranteed by the ECHR and as they result from the constitutional traditions common to the Member States,

B.

whereas Parliament, as the directly elected representative of the citizens of the Union and guarantor of their rights, believes that it has a clear responsibility to uphold these principles, in particular as the Treaties in their current form greatly restrict the individual's right to bring actions before the Community courts and the European Ombudsman,

C.

whereas the introduction of a procedure for monitoring the compatibility of legislative proposals with the Charter is an inevitable consequence of its adoption on 7 December 2000, as the Commission acknowledged when adopting corresponding provisions in 2001 and as Parliament pointed out when adopting its resolution of 15 March 2007 on compliance with the Charter in the Commission's legislative proposals: methodology for systematic and rigorous monitoring (4),

D.

whereas the Lisbon Treaty, which is currently undergoing ratification, makes explicit reference to the Charter and confers on it the same legal value as the Treaties,

E.

whereas, should the Charter be incorporated into Union primary law, the rights defined in it will acquire binding force by means of the secondary legislation implementing them,

F.

whereas, irrespective of its legal status, the Charter has over the years become a source of inspiration in the case-law of the European courts, such as the Court of First Instance (CFI) and the ECJ, the ECtHR and many constitutional courts,

G.

whereas the establishment of a genuine ‘culture of fundamental rights’ in the Union calls for the development of a comprehensive system for monitoring the application of those rights, encompassing the Council and decisions taken as part of intergovernmental cooperation, in that the protection of fundamental rights does not consist solely of formal compliance with rules, but above all of their active promotion and of intervention in cases where Member States violate fundamental rights or enforce them unsatisfactorily,

1.

Considers that the effective protection and the promotion of fundamental rights form the basis of democracy in Europe and are prerequisites for the consolidation of the European area of freedom, security and justice;

2.

Points out that the protection of fundamental rights involves measures at different levels (international, European, national, regional and local) and emphasises the role which local and regional authorities can play in the practical implementation and promotion of such rights;

3.

Deplores the fact that the Member States continue to refuse EU scrutiny of their own human rights policies and practices and endeavour to keep protection of those rights on a purely national basis, thereby undermining the active role played by the European Union in the world as a defender of human rights and damaging the credibility of the EU's external policy in the area of the protection of fundamental rights;

4.

Points out that, pursuant to Article 6(2) of the EU Treaty, the role of the ECJ is to enforce fundamental rights as they result from the constitutional traditions common to the Member States, the ECHR and other instruments of international law;

5.

Stresses that Article 7 of the EU Treaty provides for an EU procedure to make sure that systematic and serious violations of human rights and of fundamental freedoms do not take place in the EU, but that such a procedure has never been used notwithstanding the fact that violations do take place in the Member States, as proven by the judgments of the ECtHR; asks the EU institutions to establish a monitoring mechanism and a set of objective criteria for the implementation of Article 7 of the EU Treaty;

6.

Emphasises that although the constitutional traditions common to the Member States can be drawn on by the ECJ as a source of inspiration in the framing of its judicial doctrine on fundamental rights, the Charter constitutes a common basis of minimum rights, and the Member States cannot use the argument that the Charter would provide a lower level of protection of certain rights than the safeguards offered under their own constitutions as a pretext for watering down those safeguards;

7.

Welcomes Article 53 of the Charter, which will enable the ECJ to develop its case-law on fundamental rights, thereby giving them a basis in law which is vitally important in the context of the development of EU law;

8.

Stresses that the judiciary in the Member States have a vital role to play in the enforcement of human rights; urges the Member States to introduce a system of continuous training for national judges on systems for the protection of fundamental rights;

9.

Takes the view that the practical application of fundamental rights must be an objective of all European policies; takes the view that, to that end, the European Union institutions should actively promote and safeguard fundamental rights and take full account of them when drafting and adopting legislation;

10.

Welcomes the setting-up of the Agency, which represents a first step towards meeting Parliament's calls for the establishment of an integrated regulatory and institutional framework designed to put the Charter into effect and guarantee consistency with the system established by the ECHR; points out, however, that the annual reports on human rights drawn up by the European Network of Independent Experts in Fundamental Rights, published until 2005, scrutinised the application of all the rights recognised by the Charter in each Member State, and is concerned, therefore, at the fact that the Agency's limited remit and the dissolution of the Network may exclude from systematic scrutiny a series of important areas of human rights policy in Europe;

11.

Emphasises, as regards the Agency's limited remit, that human rights issues cannot be artificially divided into areas under the first, second or third pillars, as the Member States choose to define the scope of the European Union's powers, because fundamental rights are indivisible and interdependent; regards it as essential, therefore, that the Commission and the Council, working with the Agency, should first of all seek to gain an overview of concerns in the area of human rights in the Member States beyond the strict framework of European rules, without confining themselves to topical issues in the European Union or to specific legal and political instruments, but identifying recurring and current human rights problems in the Member States and considering all existing mechanisms at international and European level;

12.

Calls on the Commission and the Council to use the information available as a result of the monitoring carried out within the European Union by the Agency, the Council of Europe, United Nations monitoring bodies, national human rights institutions and NGOs and to translate that information into corrective measures or a preventive legal framework;

13.

Reserves the right to follow up the Agency's work in the European Union and to address human rights issues which fall outside the Agency's remit, and calls on the Commission to do the same, in keeping with its role as guardian of the Treaties;

14.

Draws attention to the fact that an active rights policy cannot be confined to those cases that receive the greatest public exposure and that serious rights violations are not subject to critical public scrutiny in closed institutions for juveniles, the elderly and the sick or in prisons; stresses that the Member States and the European Union should ensure expert monitoring of living conditions in such closed institutions, in terms of both regulations and practices;

15.

Calls on the Council to incorporate in its future annual reports on human rights in the world an analysis of the situation both in the world and in each Member State; takes the view that a twin-track analysis of this kind would highlight the Union's equal commitment to protecting human rights both inside and outside its borders, so as to ward off any accusations of double standards;

16.

Calls on the Member States to take measures to endow the national human rights institutions set up under the United Nations' ‘Paris Principles’ with independent status vis-à-vis the executive and sufficient financial resources, taking account, in particular, of the fact that one of these bodies' tasks is to review human rights policies with the aim of preventing failings and suggesting improvements, on the understanding that effectiveness is measured primarily by the way in which problems are prevented rather than simply resolved; urges those Member States which have not yet done so to set up the above-mentioned national human rights institutions;

17.

Urges the Council to transform its ad hoc working party on fundamental rights and citizenship into a standing working party, which would work in tandem with the Working Party on Human Rights (COHOM), and calls on the Commission to allocate the human rights and fundamental freedoms portfolio to a single Commissioner;

18.

Points out that it regards it as essential in political terms to incorporate the idea of promoting fundamental rights among the aims to be pursued when simplifying or restructuring the acquis communautaire; calls for every new policy, legislative proposal and programme to be accompanied by an impact assessment concerning respect for fundamental rights and for that assessment to form an integral part of the justification for the proposal, and hopes that the Member States will also adopt similar impact assessment instruments in the subsequent transposition of Community law into domestic law;

19.

Welcomes the prospect of the Union acceding to the ECHR, even if that accession does not bring about fundamental changes, given that ‘when questions relating to the rights and freedoms enshrined in the ECHR are raised before the Court of Justice of the European Communities, the latter treats the ECHR as forming a genuine part of the EU's legal system’ (5);

20.

Draws attention to the major role played by the Council of Europe's institutions and monitoring mechanisms and its various conventions in the area of human rights; urges the Member States, the EU institutions and the Agency to draw on that experience, to take account of those mechanisms by incorporating them into networking procedures and to use the standards developed by the Council of Europe and the other tangible results of its work; calls for the potential offered by the Memorandum of Understanding between the Council of Europe and the European Union to be exploited to the full;

21.

Calls for closer cooperation between the various institutions and organisations responsible for protecting fundamental rights, both at European and international levels;

22.

Emphasises once again how important it is for the European Union's credibility in the world that it should not apply double standards in external and internal policy;

23.

Takes the view that, although the European Union is never a party as such, if most of its Member States have acceded to conventions or other international legal instruments in the area of the protection of fundamental rights, this imposes on the Union an obligation to abide by their provisions and, where appropriate, the recommendations which the bodies which they set up issue, provided that Union law does not offer an equivalent or higher level of protection; calls on the ECJ to endorse that approach through its rulings;

24.

Urges the Union to conclude cooperation agreements with the international institutions and organisations responsible for the protection of fundamental rights, and in particular with the Office of the United Nations High Commissioner for Human Rights and the other UN bodies which play a role in that area and with the Office for Democratic Institutions and Human Rights and the High Commissioner on National Minorities of the Organization for Security and Cooperation in Europe;

25.

Emphasises the need to assess and fully respect fundamental rights and individual freedoms as the Union's powers develop; takes the view, on that basis, that the two objectives of respecting fundamental rights and safeguarding collective security are not only compatible but interdependent, and that appropriate policies can ensure that individual freedoms are not threatened by a repressive approach;

26.

Believes that the development of a European judicial area based on the application of the principle of mutual recognition must be based on equivalent procedural safeguards across the EU and respect for fundamental rights as emphasised by Article 6 of the EU Treaty; calls for the swift adoption of an adequate legislative measure on rights of individuals in criminal procedures by those Member States that have not already done so; calls on Member States to make sure that the European Arrest Warrant and other mutual recognition measures are applied in conformity with EU human rights standards;

27.

Emphasises the right of any arrested person to be provided with full legal safeguards and, where appropriate, assistance from the diplomatic representation of the country of which he or she is a national and the services of an independent interpreter;

28.

Expresses concern at the high number of violations of the ECHR involving Member States and urges them to execute related judgments and to address structural shortcomings and systematic violations of human rights by introducing the necessary reforms;

29.

Expresses concern at the fact that international cooperation in the fight against terrorism has often served to diminish the level of protection of human rights and fundamental freedoms, notably the fundamental right to privacy, data protection and non-discrimination, and takes the view that the EU should act with greater resolve at international level to promote a genuine strategy based on full compliance with international standards and obligations in the area of human rights and the protection of personal data and privacy in accordance with Articles 7 and 8 of the Charter; consequently urges the Council to adopt the draft framework decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in line with Parliament's recommendations for higher standards; takes the view that a strategy such as this must take account of the need for effective judicial control of the intelligence services so as to avoid the use of information obtained by torture, ill-treatment or other methods not meeting international human rights standards as evidence in judicial procedures, including at the investigative stage;

30.

Strongly urges the EU institutions and the Member States to implement the recommendations contained in its resolution of 14 February 2007 on the alleged use of European countries by the CIA (Central Intelligence Agency) for the transportation and illegal detention of prisoners (6); welcomes in this context the statement by the US President-Elect on closing the Guantanamo Bay detention facility and bringing the inmates to trial; calls on Member States to declare their readiness to jointly find solutions for remaining inmates;

31.

Deplores the non-implementation by the EU of the judgments of the CFI on 12 December 2006 and on 4 December 2008 and the UK Court of Appeal ruling in favour of the People's Mojahedin Organization of Iran (PMOI) on 7 May 2008;

32.

Stresses the difference between protection of minorities and anti-discrimination policies; considers that equality of opportunity is a fundamental right for all individuals, and not a privilege, and not only for the citizens of a particular Member State; therefore takes the view that all forms of discrimination must be combated equally resolutely;

33.

Calls on the Member States and the Commission to act in full on the recommendations of the Agency as set out in Chapter 7 of its first annual report (7);

34.

Observes with concern the unsatisfactory situation concerning implementation of anti-discrimination policies and, in this connection, supports the assessment in the Agency's 2008 annual report; presses those Member States which have not yet done so to give tangible expression to implementation of those policies, in particular Directive 2000/43/EC and Directive 2000/78/EC, and points out that those directives establish a minimum standard and should therefore be the basis on which an exhaustive anti-discrimination policy is built;

35.

Calls on those Member States which have not yet done so to ratify Protocol No 12 (8) to the ECHR, given that it provides for a general prohibition of all forms of discrimination, guaranteeing that nobody will be discriminated against for any reason whatsoever by any public authority; notes that such a provision is currently absent from the legal acts in force of both the European Union and the Council of Europe;

36.

Welcomes the Commission proposal for a Council directive implementing the principle of equality regardless of religion or belief, disability, age or sexual orientation (COM(2008)0426), thereby extending the scope of Directive 2000/43/EC to all other forms of discrimination, thus implementing Article 21 of the Charter, which provides greater leeway than Article 13 of the EC Treaty in that it makes reference to further forms of discrimination: colour, social origin, genetic features, language, political or other opinions, membership of a minority, property and birth;

37.

Regrets that the proposed directive leaves substantial gaps in legal protection against discrimination, notably through a wide range of exceptions relating to public order, public security and public health, economic activities, marital and family status and reproductive rights, education and religion; is concerned that, rather than banning discrimination, these ‘escape clauses’ may actually serve to codify existing discriminatory practices; reminds the Commission that the directive must be in line with existing case-law in the area of lesbian, gay, bisexual and transgender (LGBT) people's rights, notably the Maruko ruling (9);

38.

Calls on the Commission to involve the Agency in the Community's legislative process on anti-discrimination so as to allow it to play a significant role as a regular source of up-to-date and detailed information of relevance for drafting further legislation, consulting it at the preparatory stage in the process of drawing up draft legislation;

39.

Welcomes the adoption of Council framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law (10) further to the political agreement of December 2007; points to its position of 29 November 2007 (11), which endorsed the proposal; calls on the Commission, after consulting the Agency, to propose similar legislation to combat homophobia;

40.

Is concerned at the poor level of knowledge of anti-discrimination legislation in the Member States and notes that, in order to exercise their rights, citizens of the Union have to have recourse to EU legislation in this area; calls on the Commission and Member States to redouble their efforts to raise that level; stresses the fact, at the same time, that legislation is effective only if citizens have easy access to the courts, since the protection regime laid down by the anti-discrimination directives hinges on initiatives taken by victims;

41.

Considers that, over and above legislative tools and the scope for appeals, the fight against discrimination must be based on education, promoting best practice and information campaigns targeting the general public and the areas and sectors where discrimination takes place; calls on national and local authorities to use the educational tools produced by the Agency and the Council of Europe when carrying out educational and anti-discrimination policy promoting measures;

42.

Stresses that the notion of affirmative action, which is an acknowledgement of the fact that in some cases effective action to combat discrimination requires active intervention by the authorities to restore balance where it has been seriously compromised, cannot be reduced to the notion of quotas; stresses that such action can in practice be highly diverse, e.g. guaranteeing recruitment interviews, priority access to training leading to a job in areas where particular communities are under-represented, priority information on job offers for particular communities, and taking account of professional experience rather than qualifications alone;

43.

Takes the view that the gathering of data on the situation of minorities and disadvantaged groups is important, as underlined by successive reports by the European Observatory of Racism and Xenophobia and the Agency; calls on the Member States to publish detailed statistics on racist crimes and to set up inquiries into crimes and/or victims which enable quantitative, comparable data on the victims of such crimes to be collected;

44.

Observes that the recent EU enlargements have added close to one hundred minority population groups to the fifty or so which existed when there were 15 EU countries, and stresses that because of the low percentage of resident immigrants, refugees and foreign nationals from third countries and the more visible presence of indigenous ‘traditional’ minorities in Central and Eastern European Member States, migration and integration policies have been hived off there from policies on minorities;

45.

Stresses that, while the protection of minorities is a part of the Copenhagen Criteria, there are neither common criteria nor minimum standards for national minorities' rights in Community policy and that there is no common EU definition either of membership of a national minority; recommends that such a definition be laid down at European level on the basis of Council of Europe Recommendation 1201 (1993); calls on all Member States that have not yet done so to sign and ratify the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities;

46.

Stresses in this context that more and more Union citizens move from one Member State to another and that they should fully enjoy the rights provided by the Treaties in relation to their status as Union citizens, notably those to participation in local and European elections and to free movement; calls on Member States to fully comply with Directive 2004/38/EC on free movement and EU institutions to take further action to ensure protection of Union citizens' rights all over the EU;

47.

Underlines the importance of protecting and promoting regional or minority languages, noting that the right to speak and to be educated in one's mother tongue is one of the most basic fundamental rights; and welcomes Member State activities on endorsement of intercultural and interreligious dialogue, which is vital for full enjoyment of the rights of cultural and religious minorities;

48.

Considers that the principles of subsidiarity and self-governance are the most effective ways of handling the rights of people belonging to national minorities, following the best practices existing within the Union; encourages the use of appropriate types of self-governance solutions while fully respecting the sovereignty and territorial integrity of the Member States;

49.

Stresses that the EU's multilingualism policy should protect and promote regional and minority languages by targeted funding and specific programmes alongside the Lifelong Learning Programme;

50.

Considers that stateless persons permanently resident in Member States are in a unique position in the European Union, given that some Member States impose unwarranted demands on them or demands which are not strictly necessary, thus discriminating against them by comparison with citizens belonging to the majority community; calls therefore on all the Member States concerned to ratify the United Nations Convention Relating to the Status of Stateless Persons (1954), and on the reduction of statelessness (1961); calls on those Member States which gained or regained sovereignty in the 1990s to treat all persons previously resident in their territory without any discrimination, and calls on them to systematically bring about just solutions, based on the recommendations of international organisations, to the problems encountered by all victims of discriminatory practices; condemns, in particular, practices of deliberate erasure of registered permanent residents within the European Union and calls on the governments concerned to take effective measures to restore the status of those stateless persons;

51.

Considers that the Romani community needs special protection since, following enlargement of the Union, it has become one of the largest minorities in the EU; stresses that that community has been marginalised, historically, and prevented from developing in particular key areas because of discrimination, stigma and exclusion problems which have become more and more acute;

52.

Takes the view that the social marginalisation of, and discrimination against, Romani communities is an established fact in spite of the legal, political and financial instruments introduced at European level to combat this; notes that the Union's and Member States' piecemeal and uncoordinated efforts have not succeeded, to date, in making structural and lasting improvements to the situation of the Roma, in particular in crucial areas such as access to education, health, housing and employment, a failure which is now publicly acknowledged;

53.

Deplores the lack of a global and integrated EU policy specifically targeting discrimination against the Roma in order to deal with the priority problems which they are encountering, as recorded by a number of mechanisms for verifying human rights compliance, including the Commission's pre-accession assessment, the judgments of the ECtHR and the Agency's reports; asserts that it is the collective responsibility of the Union to provide a response to these problems, which constitute one of the most far-reaching and complex human rights issues and that it must resolutely tackle it;

54.

Stresses the need for a global, human rights and action-oriented approach to non-discrimination reflecting the European dimension of discrimination against the Roma; takes the view that a European Union framework strategy for Roma inclusion should seek to tackle the real problems, by providing a road map for Member States setting objectives and priorities and facilitating the monitoring and evaluation processes with regard to:

55.

Calls on the Member States to increase respect for and protection and implementation of the rights set out in the United Nations Convention on the Elimination of All Forms of Discrimination against Women and asks the Member States concerned to withdraw their reservations and ratify the Optional Protocol to that Convention (12); while underlining the need for firmly pursuing their commitments made in the United Nations Declaration and the Platform for Action of the Fourth World Conference on Women in Beijing 1995;

56.

Calls on Member States and the EU to combat through efficient measures direct and indirect discrimination against women in all spheres (including marriage, partnership and other family relations) and multiple discrimination (taking place on the ground of sex and at the same time on another ground);

57.

Calls for special attention to be given to the situation of women belonging to ethnic minorities and to immigrant women, since their marginalisation is made worse by multiple discrimination both within and outside their own communities; recommends the adoption of national integrated action plans so as to deal effectively with multiple discrimination, especially where different organisations address discrimination issues within a particular State;

58.

Stresses that the violence endured by women because of their sex, particularly domestic violence, must be recognised and combated at European and national level, given that it is a common and often underestimated violation of women's rights, and calls on the Member States in consequence to take appropriate, effective measures to ensure that women are guaranteed a life free from all violence, taking due account of the Declaration on the Elimination of Violence against Women (13);

59.

Calls on Member States and the EU to acknowledge and address sexual exploitation in all its forms; Member States that have not complied with agreed EU legislation to combat trafficking in human beings should be held to account (14); Member States should ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and the Council of Europe Convention on Action against Trafficking in Human Beings; urges the Commission to implement the Action Plan on trafficking Human Beings;

60.

Stresses the need to raise public awareness of the right to reproductive and sexual health, and calls on the Member States to ensure that women can fully enjoy these rights, to put in place appropriate sex education, information and confidential advisory services, and to facilitate access to contraception in order to prevent all unwanted pregnancies and illegal and high-risk abortions, and to combat the practice of female genital mutilation;

61.

Stresses that ethnic minority women should be ensured access to public funds, irrespective of their legal status, to enable them to access safe, equal, culturally sensitive health services and rights, in particular sexual and reproductive health and rights; a European legal framework to ensure the physical integrity of young girls from Female Genital Mutilation should be adopted;

62.

Stresses that, although progress has been made with regard to the employment of women and despite their high level of education, they continue to be clustered in certain professions, to be paid less than men for the same work and under-represented in decision-taking positions, and continue to be regarded with suspicion by employers owing to pregnancy and maternity; the gender pay gap must be seriously addressed to guarantee women's economic independence and equality between women and men on the labour market;

63.

Calls on the Member States and social partners to take the necessary measures to combat sexual and psychological harassment in the workplace;

64.

Stresses the need for women to be supported in their careers, including through proactive policies to balance private, working and family life; urges the Commission and Member States to promote both shared parental leave and paternity leave, and to mutualise the cost of maternity and parental leave so that women no longer represent a workforce which is more costly than men; and underlines the need for awareness raising campaigns to avoid gender stereotyped family patterns, while highlighting the importance of ensuring flexible working conditions, increasing access to childcare and guaranteeing full participation in pension schemes for women with children;

65.

Calls on the Member States to combat, jointly with the social partners, discrimination against pregnant women on the labour market and take all necessary measures to ensure a high level of protection for mothers; calls on the Commission to make a more detailed assessment of compliance of national provisions in this area with Community law and, where necessary, to make any appropriate proposal to revise Community legislation;

66.

Draws attention to the many partners (mainly women) of self-employed persons (chiefly in agriculture) whose legal status is uncertain in many Member States, which may give rise to specific financial and legal problems concerning access to maternity leave and sick leave, accumulation of pension entitlements and access to social security, as well as in the event of divorce;

67.

Acknowledges that women's unequal access to economic resources on the labour market undermines their access to social protection, particularly pension rights, with the result that the 'at-risk-of-poverty rate' for women in old age is greater than that of men; in order to prevent discrimination against women, it is crucial that the individualisation of rights is guaranteed in social protection systems rather than based on the family unit; the time spent out of the formal labour market for reasons of care should be accorded ‘credit-time’ units which would count in the calculation of full pension rights;

68.

Stresses the importance of ensuring that third-country nationals entering Union territory and Union citizens are aware of the existing laws and social agreements on equality between men and women, so as to rule out discriminatory situations resulting from a lack of awareness of the legal and social context;

69.

Calls on the Member States to disallow the invoking of custom, tradition or any other religious consideration to justify any form of discrimination, oppression or violence against women or the adoption of policies which might put their lives in danger;

70.

Calls on the Commission to conduct a study into discrimination against single person households, notably with regard to fiscal treatment, social security, public services, health services and housing;

71.

Takes the view that discriminatory comments against homosexuals by religious, social and political leaders fuel hatred and violence, and calls on the relevant governing bodies to condemn them;

72.

In this regard, wholeheartedly endorses the French initiative, which is supported by all the Member States, for the universal decriminalisation of homosexuality, as in 91 countries homosexuality is still a criminal offence, and in some cases even a capital offence;

73.

Welcomes the publication of the first thematic report by the Agency, drawn up at Parliament's request, on ‘homophobia and discrimination on grounds of sexual orientation in the EU Member States’ and asks the Member States and EU institutions to urgently follow the Agency's recommendations or state their reasons for not doing so;

74.

Reminds all Member States that, in line with ECtHR case-law, freedom of assembly may be exercised even if the opinions of those exercising that right go against the majority, and that, accordingly, a discriminatory ban on marches and any failure to meet the requirement to give appropriate protection to those taking part breach the principles guaranteed by the ECtHR, by Article 6 of the EU Treaty on common EU values and principles, and by the Charter;

75.

Calls on those Member States who have adopted legislation on same-sex partnerships to recognise provisions with similar effects adopted by other Member States; calls on those Member States to propose guidelines for mutual recognition of existing legislation between Member States in order to guarantee that the right of free movement within the European Union for same-sex couples applies under conditions equal to those applicable to heterosexual couples;

76.

Urges the Commission to submit proposals ensuring that Member States apply the principle of mutual recognition for homosexual couples, whether they are married or living in a registered civil partnership, in particular when they are exercising their right to free movement under EU law;

77.

Calls on those Member States who have not yet done so, and in application of the principle of equality, to take legislative action to overcome the discrimination experienced by some couples on the grounds of their sexual orientation;

78.

Calls on the Commission to make sure that Member States grant asylum to persons fleeing from persecution on the grounds of their sexual orientation in their country of origin, to take initiatives at the bilateral and multilateral level to stop the persecutions of persons on the basis of their sexual orientation, and to launch a study on the situation of trans-sexual people in the Member States and candidate countries, with regard inter alia to the risk of harassment and violence;

79.

Urges the Council and the Commission, and the various levels of local, regional and national government in the Member States, to coordinate their measures to combat anti-Semitism and attacks against minority groups, including the Roma, traditional national minorities and third-country nationals in Member States, so as to enforce the principles of tolerance and non-discrimination and to foster social, economic and political integration; calls on all Member States that have not yet done so to declare the competence of the United Nations Committee on the Elimination of Racial Discrimination to receive and consider individual communications under the UN International Convention on the Elimination of All Forms of Racial Discrimination;

80.

Urges the Member States to resolutely prosecute any hate speech in racist media programmes and articles spreading intolerant views, in the form of hate crimes against the Roma, immigrants, foreign nationals, traditional national minorities and other minority groups, or by bands and at neo-Nazi concerts, which can often take place in public without any repercussions; also urges political parties and movements who exercise a strong influence over the mass media to abstain from hate speech and from the use of defamation against minority groups within the Union;

81.

Calls on Member States to foster an even stronger involvement of social partners in undertaking actions aimed at eliminating discrimination on grounds of disability or age and to radically improve access for young people, the elderly and disabled to the labour market and to training programmes; calls on all the Member States that have not yet done so to ratify the United Nations Convention on the Rights of Persons with Disabilities and its Optional Protocol;

82.

Urges the Commission to ensure that funding provided to Member States for the provision of facilities for people with disabilities meets the criteria of the UN Convention on the Rights of Persons with Disabilities, with funding being provided for appropriate community/family based services and options for independent living;

83.

Considers that it is important to make sure that anyone who needs geriatric care or treatment for an illness or disability has access to care and treatment and points out the necessity of giving particular attention to care provision and protection of disabled young people;

84.

Stresses the importance of the media in promoting diversity, multiculturalism and tolerance; urges all media services to prevent contents which may favour racism, xenophobia, intolerance or discrimination of any kind;

85.

Encourages Member States, further to the EU Year of Intercultural Dialogue (2008) to cooperate with a wide range of stakeholders, in particular NGOs, in order to promote intercultural dialogue and to raise awareness, particularly among young people, of shared common values and respect for cultural, religious, and linguistic diversity;

86.

Underlines the important role of sport in promoting tolerance, mutual respect and understanding; calls on national and European sports bodies to continue their efforts in the fight against racism and xenophobia and encourages the launching of new, stronger and more far-reaching initiatives to build on measures currently in place;

87.

Stresses the important role of media literacy in the context of fair and equal educational opportunities for all citizens of the Union;

88.

Calls on the Member States to ensure the effective integration of newcomers, especially children and young people, from States outside the European Union into the education systems of the Member States, and to help them by fostering their cultural diversity;

89.

Points out that fundamental rights do not stop at barrack gates and that they also fully apply to citizens in uniform, and recommends that the Member States ensure that fundamental rights are also observed in the armed forces;

90.

Expresses shock at the tragic fate of those who lose their lives in an attempt to reach European territory or who fall into the hands of smugglers or traffickers of human beings;

91.

Calls on the Commission and the Member States to introduce effective, long-term legal migration policies, as well as ensure genuine access to EU territory and to a procedure for more flexible and coordinated rules governing asylum seekers, rather than focus all their efforts on preventing illegal immigration, deploying to that end a growing range of frontier checks which lack the mechanisms needed to identify potential asylum seekers at the Union's borders, a shortcoming which leads to violations of the principle of non-refoulement, as enshrined in the 1951 Convention Relating to the Status of Refugees;

92.

Calls on Member States to apply the UNHCR Gender Guidelines (2002) in the implementation of the existing Community directives on asylum;

93.

Calls on the Council to clarify the respective roles of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) and the Member States with a view to ensuring that border checks are carried out in a manner consistent with respect for human rights; takes the view that there is an urgent need to amend FRONTEX's remit to incorporate rescue at sea; calls for democratic oversight by Parliament of the conclusion by FRONTEX of agreements with third countries, particularly as regards joint organisation of returns;

94.

Calls on the Council and the Commission to authorise FRONTEX to establish structured cooperation with the Agency and the UNHCR, so as to facilitate operations which have implications for the protection of human rights;

95.

Is concerned that the trend towards conducting border checks further and further away from the Union's geographical borders is making scrutiny of what happens very difficult when persons seeking refugee status and persons who need international protection come into contact with the authorities of a third country;

96.

Urges the Commission, and the Council in particular, to swiftly and ambitiously push the Union's forward-looking strategy in the field of asylum on the implementation of Phase II, including revision of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (15) as well as Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection (16) and the content of the protection granted, and the establishment of a European Asylum Support Office;

97.

Calls on the Commission to continue to rigorously assess the transposition of Council Directive 2003/9/EC of 27 January 2003 on minimum standards for the reception of asylum seekers in the Member States (17), in order to ensure that its non-transposition or partial transposition does not lead, in numerous Member States, to practices which fall short of the minimum standards imposed by the Directive;

98.

Points out that migrants who do not submit an application for asylum must also be received in specific, suitable facilities where they can be informed – with the aid of interpreters and specially trained cultural mediators – of their rights and the possibilities offered by the law of the host country, Community law and international agreements;

99.

Asks that particular attention be paid to the situation of refugee, asylum seeker and migrant children, and to the children of parents who are asylum seekers, refugees or undocumented, so that every child can fully exercise its rights, as defined in the United Nations Convention on the Rights of the Child, including the right to non-discrimination, with the best interests of the child being given the highest possible priority in all actions taken, though acknowledging the important role and the responsibility of parents; draws attention to the development in some Member States of a two-tier education system and stresses that different care and assistance arrangements for children of nationals and non-nationals should neither be discriminatory nor long-lasting and should be justified in terms of ensuring better education, including in the host country languages, for all children;

100.

Asks for special attention to be given to unaccompanied minors and minors separated from their parents who arrive on EU territory via irregular immigration, and stresses the duty of the Member States to provide them with assistance and special protection; calls on all authorities – local, regional and national – and on the European institutions to put every effort into cooperating to protect these children from all forms of violence and exploitation, to ensure that a guardian is appointed without delay, to provide them with legal assistance, to endeavour to locate their families and to improve their reception conditions by providing appropriate accommodation, easier access to health services, and education, training, particularly in the official language of the host country, vocational training and complete integration into the education system;

101.

Recalls that administrative detention of children should not exist and that children accompanied by their families should be detained only in truly exceptional circumstances, for the shortest time possible and only if such detention is in their interests, in accordance with Articles 3 and 37(b) of the United Nations Convention on the Rights of the Child;

102.

Calls for greater coordination of national policies for integrating third-country nationals and of European initiatives in this area; stresses that common basic principles for a coherent European framework in this connection should ensure that integration policy encompasses, but also goes beyond, anti-discrimination policy and extends to a variety of areas, such as employment, education and vocational training;

103.

Calls for the development of integration and inter-cultural dialogue programmes designed to prevent the tensions that could arise between intra-Community migrants and indigenous communities in the context of the phenomenon of post-enlargement migration;

104.

Considers that the most urgent need of minorities of immigrant origin is to integrate as soon as possible into the society of the country in which they are resident, while ensuring that this takes place in a spirit of reciprocity; considers that it is equally important to recognise the right of each person who is born and lives in a Member State to have access to civil rights; believes that the right of long-term residents to participate in political life at local level would promote social and political integration;

105.

Is concerned that the lack of effective integration policies is causing the exclusion of hundreds of thousands of non-nationals and stateless persons from working life, society and politics, which also undermines the EU's aim of increasing labour mobility in order to enhance competitiveness and economic prosperity; acknowledges the risk that exclusion may put those persons in a vulnerable position, opening the way to radicalisation, trafficking and other forms of exploitation;

106.

Stresses that individuals should not be repatriated until after fair and comprehensive consideration of their application; takes the view that, where return would be impossible or inhumane because of a critical situation with regard to compliance with human rights in the country of origin or transit, Member States should refrain from returning them in accordance with ECtHR case-law;

107.

Urges Member States to monitor the living and integration conditions of individuals repatriated to countries of origin and of transit and to take measures to provide those individuals with appropriate assistance;

108.

Is concerned at the fact that, for several years, there has been an increase in the number of detention centres for foreign nationals in Member States and at their borders; on the basis of a host of reports, including those by delegations from its Committee on Civil Liberties, Justice and Home Affairs, which condemn frequent violations of human rights, calls for the following actions to be taken:

109.

Is concerned at the fact that, since 2002, readmission clauses have been included in most bilateral agreements concluded by the EU with third countries, including trade agreements, thus resulting in increasing externalisation of the Union's migration policy, which is characterised by insufficient parliamentary oversight at both European and national level; calls therefore on the Commission and the Council to involve Parliament at an early stage in negotiations on such agreements and to report to it regularly on the number of individuals expelled from the EU on the basis of those clauses;

110.

Champions freedom of expression as a fundamental value of the Union; considers that it must be exercised within the constraints of legislation, co-exist with personal responsibility and be based on respect for the rights of others;

111.

Welcomes the overall satisfactory situation with regard to press freedom in the Member States, given that all 27 Member States are among the top 56 in the World Wide Press Freedom Index 2007 produced by Reporters without Borders;

112.

Calls on those Member States which over the last few years have used their judicial institutions, or are planning to change their legislation in that way, to violate the right of reporters to confidentiality of sources as well as of journalists and of editors to publish information, to improve their legislation and their practices in keeping with the ECtHR's judgment of 27 March 1996 and the Recommendation of the Committee of Ministers of the Council of Europe on the right of journalists not to disclose their sources of information (18), since violation of that right is nowadays the greatest threat to reporters' freedom of expression in the EU and there has been no significant improvement in this situation over the last few years;

113.

Regards freedom of opinion and the independence of the press as universal rights which may not be compromised by any individual or group that feels attacked by what is written or said; stresses at the same time that the right of reparation in the event of false report or defamation must be guaranteed by the courts in accordance with existing legislation;

114.

Takes the view that freedom of the press should always be exercised within the limits of the law, but is at the same time concerned by the fact that the temptation in recent years to exclude certain subjects from public debate leads in many Member States to a form of unofficial censorship or to self-censorship by the media;

115.

Condemns all forms of violence against children, and stresses in particular the need to combat the forms of violence most frequently encountered in the Member States: paedophilia, sexual abuse, domestic violence, corporal punishment in schools and other forms of abuse in institutions; calls for reliable, confidential, accessible mechanisms to be put in place to allow children in all the Member States to report violence, and for those mechanisms to be given wide publicity;

116.

Calls on the Member States to implement effective measures to forbid the various forms of exploitation of children, including for the purposes of prostitution, for the production of child pornography, drug trafficking, pickpocketing and begging, and any other form of exploitation;

117.

Calls on the Member States to take measures to put an end to the practice of unofficial marriage of minors, often at a very young age; believes this practice to be a form of sexual abuse which damages child development and is an incitement to drop out of school;

118.

Calls on the thirteen Member States that do not have the relevant legislation totally to ban corporal punishment, in accordance with the 2006 United Nations report on violence towards children, which calls it the most widespread form of violence against children;

119.

Stresses the need to ensure that all policies, at both EU and national level, take account of eliminating child labour in all its forms; takes the view that full-time education is the best way of solving the problem, both in terms of preventing such abuse and of breaking the vicious circle of illiteracy and poverty in the future;

120.

Notes that in some Member States thousands of children are engaged in the worst forms of work in urban and rural areas, and calls on the Member States in consequence to confront this problem head on by rigorously applying their national laws and organising national education campaigns targeting both parents and children;

121.

Recalls that almost 20% of children in the EU live below the poverty line and that the most vulnerable of them come from single-parent families and/or have parents who were born abroad; stresses in consequence that appropriate measures to give access to rights, centred on the needs of the child, must be taken, including support measures for families, and calls on the Member States, particularly those with the highest levels of poverty, to adopt ambitious and achievable targets for reducing child poverty and that of their families;

122.

Calls on the Commission to make efforts to incorporate all the various strategies specifically relating to child poverty and that of their families, youth unemployment and social inclusion of minorities in all the relevant development policies, including the strategy documents on poverty reduction and the indicative programmes; and urges Member States to act effectively against child trafficking, to increase cross-border cooperation, to provide specialised training and to implement legal standards for that purpose;

123.

Underlines the importance of the protection of children; considers that the initiatives related to an EU Strategy on the Rights of the Child, such as a website fully dedicated to children's matters, special help and emergency telephone lines and the budget allocation for EU programmes for actions in favour of children, should be fully implemented and further developed;

124.

Asks the Commission and the Member States to pay particular attention to the various forms of discrimination affecting young people and children, which often take multiple forms and are experienced in particular by children living in poverty, street children and young people from ethnic minorities and migrant groups, as well as children and young people and children with disabilities, and lead to their being debarred from education and healthcare;

125.

Asks for Romani children, particularly – but not exclusively – in the Member States where the Roma constitute a large ethnic minority, to be covered by specific measures with a view to putting an end to the discrimination, segregation, and social and educational exclusion of which they are often victims; calls in particular on the Member States to make efforts to put an end to the – entirely unjustified – over-representation of Romani children in institutions for the mentally disabled, to organise campaigns promoting school attendance and to work against the phenomenon of being refused an identity card which is encountered by many Romani children;

126.

Urges Member States to ensure the effective integration in education systems of disadvantaged and socially excluded children from the earliest age and to encourage exchanges of best practice to this end;

127.

Calls on Member States to fight against discrimination in education, such as, for example, the segregation of Romani children, in accordance with the recent judgment of the ECtHR in this matter (19);

128.

Takes the view that detention of young offenders should only be a measure of last resort, lasting for the shortest time possible, and calls in consequence for alternatives to imprisonment to be provided for minors; insists that rehabilitation measures such as community service should be implemented in order to achieve the reintegration of these young people into society and employment;

129.

Notes that the age of criminal responsibility is not the same in all the Member States and is concerned at the fact that in some of them children regularly appear before adult courts and in others the special youth courts are closed; calls on the Member States to bring their judicial systems into line so that no child is ever tried in the same way as an adult;

130.

Calls on all the Member States to provide effective, independent representation for children in all judicial or semi-judicial procedures pertaining to them, and to ensure that all children are assigned a guardian ad litem if no member of their family can act on their behalf; stresses that all children, including those placed in judicial care facilities, should be informed by the authorities of the existence of complaints mechanisms;

131.

Calls on the Member States to take action to guarantee the right of children to a family and to act accordingly to find effective solutions to prevent separation of parents and children and abandonment of children; calls on them to move away from the policy of large institutions and instead to reform, develop and reinforce effective alternative child-care structures based on the family and the community; in the event of placement, asks the Member States for the means to enable children to return to their families;

132.

Urges the Member States to take the necessary measures to provide high-quality care structures for children, including continuing vocational education, good working conditions and a decent wage for childcare professionals; stresses that such structures and their staff provide children with solid structures for their future and also benefit their parents, particularly those whose workload is very heavy or who are single parents, and that they also provide an alternative for children whose family structures are inadequate or non-existent;

133.

Recalls that children have a right to express their opinion, in a way appropriate to their age and level of maturity, and that they must be given the opportunity to belong to a children's group or association where they will meet other children and learn to express themselves in this setting; calls in consequence on the Member States and local authorities to encourage projects designed to give children the opportunity to express themselves in this way in the context of local children's councils or parliaments, while ensuring that the most excluded children can take part in these and that information about their activities is widely distributed among children;

134.

Welcomes the fact that the Commission has set up a forum bringing together representatives of the European institutions and national and international organisations working in the area of children's rights; takes the view that children's participation should be one of the main objectives of the forum, and calls on the Commission in consequence to ensure that children participate at every stage of the forum's activities;

135.

Takes the view that it is important that information on children's rights should be made available to them in an accessible manner and by appropriate means; calls on the Commission to develop effective communication tools which will improve children's awareness of their rights, of the situation of children in the Member States and of the activities of the Union in this area;

136.

Takes the view that poverty and social exclusion can only be combated by guaranteeing all the fundamental rights, including economic and social rights, of everyone; approves in this context the decision to make 2010 the European Year for Combating Poverty and Social Exclusion; calls on the Commission and the Member States to agree on and pursue ambitious objectives in this area;

137.

Stresses that there is a set of indivisible, interdependent fundamental rights to which all human beings must be guaranteed genuine access;

138.

Stresses that Article 30 of the revised European Social Charter enshrines the right to protection from poverty and social exclusion, and calls on the Member States to ratify it;

139.

Stresses the growing importance to be given to policies of ‘active inclusion’ of those furthest away from the employment market;

140.

Stresses that extreme poverty and social exclusion constitute a violation of fundamental rights as a whole;

141.

Hopes for genuine integration of the social dimension and fundamental rights into all EU policies;

142.

Expresses its commitment to a sustainable social development model that is consistent with an approach based on social rights aimed principally at social cohesion;

143.

Recalls that Articles 34 and 36 of the Charter recognise a right to social security and social services, and access to services of general economic interest; calls on the Member States to ensure that all citizens, including the most vulnerable, can access those rights;

144.

Recalls that action to combat poverty must be taken in partnership with the most disadvantaged population groups, who are the most closely concerned and hence in the best position to report on the consequences of not having access to rights and to suggest remedies; wishes to see a participative democracy which pays special attention to participation by people faced with poverty, exclusion, discrimination and inequality;

145.

Calls on the Commission to develop a European framework definition of homelessness, gather comparable and reliable statistical data, and provide annual updates on action taken and progress made in the Member States towards ending homelessness;

146.

Urges Member States to devise ‘winter emergency plans’ as part of a wider homelessness strategy;

147.

Recalls that Article 34(3) of the Charter recognises a right to social and housing assistance for all those who lack sufficient resources in order to combat social exclusion and poverty; accordingly calls on Member States to guarantee access to decent housing;

148.

Recalls the observations and principles set out in the report of the Commissioner for Human Rights of the Council of Europe on decent housing (20);

149.

Recalls that article 35 of the Charter provides everyone with a right of access to preventive health care and the right to benefit from medical treatment; calls the Member States to insure access to adequate healthcare in particular for those who are on low incomes and those whose state of health requires long or expensive intensive care;

150.

Calls Member States and the Union to make sure that persons abusing narcotic substances have full access to specialised health services and alternatives treatment and are not treated as criminals only because of personal consumption of illicit drugs;

151.

Stresses the need to improve transparency in the labour market in such a way that all work (temporary, permanent, full-time, part-time or casual) is declared, decently paid and fully compliant with workers' rights;

152.

Recognises that not all Member States have national legislation laying down minimum wages; calls for instruments designed to guarantee access for all to decent levels of income in order to guarantee that all workers in the EU are paid a wage that allows them to live a dignified life;

153.

Urges the Member States and candidate countries to ratify and implement fully the International Labour Organization (ILO) conventions; asks the Commission and the Member States to support the ILO in strengthening its control system and mechanisms;

154.

Encourages businesses to adopt responsible, non-discriminatory recruitment and career development policies in order to stimulate employment for women, young and disadvantaged people;

155.

Recalls that discrimination must also be seen as interfering with the four fundamental freedoms - particularly the free movement of persons - and as such constitutes a barrier to the functioning of the internal market; calls on the Commission to encourage the Member States to review the transitional provisions regulating access to their labour markets in order to eliminate differentiation between European citizens in this respect;

156.

Ask Member States to review their laws so to ensure that sex workers, regardless of their legal status, are not exploited by criminal organisations, that they are guaranteed their fundamental rights and that they can access appropriate social and health services;

157.

Calls on the Commission and the Member States to support social inclusion of people who are furthest from the employment market and to tackle the reality of ‘poor workers’; takes the view that such strategies should strike a fair balance between the issues of fair wages, work-life balance, good working conditions, social protection, employability and job security;

158.

Calls on the Member States to ratify the United Nations Convention on the Rights of Migrant Workers (21), and draws their attention to the fact that most people who work without being in possession of the appropriate immigration documents are doing work which is legal and essential to Europe's economies, such as fruit picking, construction or maintenance work, and care of the sick, the elderly and children;

159.

Calls on the EU institutions and Member States to stop using the term ‘illegal immigrants’, which has very negative connotations, and instead to refer to ‘irregular/undocumented workers/migrants’;

160.

Reiterates that employment law is there to protect workers who find themselves in unfair employment situations, which is precisely the situation of undocumented workers, and calls on the Member States to safeguard the right to trade-union membership for all workers, including undocumented workers;

161.

Calls on the Commission to give the same priority and urgency, by treating them as a single package, to the immigration policy currently under development and to ‘sanctions against employers of illegally staying third-country nationals’;

162.

Stresses that the first task of employment inspectors is to protect workers, and calls in consequence on the Member States to:

163.

Takes the view that the ageing population constitutes a challenge and must be seen as an opportunity to involve people with long and valuable experience more closely in society, thus helping to promote active ageing; considers that efforts need to be done for incorporating ageing workers in the labour market;

164.

Takes the view that special attention must be paid to elderly women living alone, who form a particularly vulnerable group and are often the first to sink into poverty when there is an economic downturn;

165.

Notes the necessity of combating discrimination against elderly women and of boosting their labour market participation (i.e. by lifelong learning programmes) given their vulnerability and increasing number within the Union;

166.

Recalls that Article 25 of the Charter confers a right to a dignified and independent life for the elderly; recommends therefore, in conjunction with Articles 34 and 35 of the Charter, preventive medical care and social security for the elderly to ensure a dignified life;

167.

Asks to those Member States who have not yet done so to introduce legislation on living wills to ensure that, according to Article 9 of the Oviedo Convention on Human Rights and Biomedicine, ‘The previously expressed wishes relating to a medical intervention by a patient who is not, at the time of the intervention, in a state to express his or her wishes shall be taken into account’voir caractere avant and to ensure the right to dignity at the end of life;

168.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and candidate countries, the European Union Agency for Fundamental Rights, the Committee of Ministers, the Parliamentary Assembly and the Human Rights Commissioner of the Council of Europe, and the appropriate bodies of the Organization for Security and Cooperation in Europe and the United Nations.

24.2.2010   

EN

Official Journal of the European Union

CE 46/69

—

having regard to the Commission proposal for a Council directive on the Agreement between the European Community Shipowners' Associations (ECSA) and the European Transport Workers' Federation (ETF) on the Maritime Labour Convention, 2006 and amending Directive 1999/63/EC (COM(2008)0422),

—

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

—

having regard to Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Associations (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST) (1),

—

having regard to the Agreement concluded between the European Community Shipowners' Associations (ECSA) and the European Transport Workers' Federation (ETF) concerning the Maritime Labour Convention, 2006 (the Convention),

—

having regard to the fact that the Agreement included a joint request for the Commission to implement the Agreement and its Annex A by a Council decision on a proposal from the Commission, in accordance with Article 139(2) of the Treaty,

—

having regard to Rule 78(3) of its Rules of Procedure,

A.

whereas Article 31 of the Charter of Fundamental Rights of the European Union provides that all workers have the right to healthy, safe and dignified working conditions, to a limit on their maximum working time and to weekly and daily rest periods and an annual period of paid holidays,

B.

whereas Article 139(1) of the Treaty gives the social partners at Community level the possibility, should they so desire, to enter into a dialogue which may lead to contractual relations, including agreements,

C.

whereas Article 139(2) of the Treaty provides for the possibility of implementing agreements concluded at Community level, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission,

D.

whereas if all the Member States ratify the Convention it will have achieved the threshold necessary for it to come into force,

E.

whereas ratification of the Convention will represent an important contribution to the promotion of decent labour standards worldwide,

1.

Welcomes the fact that, although Article 139(2) of the Treaty does not provide for Parliament to be consulted in relation to requests made to the Commission by the social partners, the Commission has forwarded its proposal to Parliament and has asked it to communicate its opinion to the Commission and the Council;

2.

Supports the agreement concluded by the social partners on certain aspects of the working conditions of workers in the maritime shipping sector as it strikes a fair balance between the need to improve working conditions and to protect the health and safety of seafarers;

3.

Agrees that the Agreement should be submitted to the Council; calls, therefore, on the Council to adopt the Commission proposal with a view to implementing the Agreement as concluded by the social partners, taking into account any special interests of the Member States and, accordingly, of the EU;

4.

Considers that it is essential to define and enforce global minimum standards of employment and health and safety conditions for seafarers employed or working on board seagoing ships;

5.

Welcomes the fact that the Agreement as concluded by the social partners and the Commission proposal provide only for minimum requirements, leaving the Member States and/or the social partners free to adopt measures which are more favourable to workers in the area concerned and substantially equivalent to the provisions of Part A of the Code of the Convention;

6.

Recalls the flexibility offered by Article II, paragraph 6, of the Convention to the States which have already signed that Convention;

7.

Underlines the vital role of the social partners in improving health and safety conditions for workers; fully supports the appropriate involvement of the social partners in social dialogue negotiations and their conclusion of agreements on working conditions;

8.

Recommends the adoption of the Commission proposal;

9.

Calls on all Member States to ratify the Maritime Labour Convention 2006 without delay;

10.

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

24.2.2010   

EN

Official Journal of the European Union

CE 46/71

—

having regard to its previous resolutions on the United Nations Commission on Human Rights (UNCHR) since 1996, in particular its resolution of 16 March 2006 on the outcome of the negotiations on the Human Rights Council and on the 62nd session of the UNCHR (1), as well as those of 29 January 2004 on the relations between the European Union and the United Nations (2), of 9 June 2005 on the reform of the United Nations (3), of 29 September 2005 on the outcome of the United Nations World Summit of 14-16 September 2005 (4), of 21 February 2008 on the seventh session of the United Nations Human Rights Council (UNHRC) (5) and of 8 May 2008 on the Annual Report on Human Rights in the World 2007 and the European Union's policy on the matter (6),