19.8.2010   

EN

Official Journal of the European Union

CE 224/1

A.

whereas in 2009 the summer was once again marked by devastating wildfires and floods across southern Europe, affecting Member States, outermost regions, applicant countries and the EU's immediate neighbours, and causing both human suffering, with at least 11 lives lost, and immense material and environmental damage,

B.

mindful that, according to the European Forest Fires Information System, the total area of vegetation and woodland affected by the fires in Europe this summer was more than 315 000 hectares, and urging the Commission to act rapidly to mobilise EU resources to the affected areas,

C.

whereas drought and persistent fires are speeding up the process of desertification of large areas of southern Europe, with over 400 000 hectares per year of European forest disappearing over the last decade, seriously damaging the quality of life of the populations involved, and affecting agriculture, stockbreeding and the forest heritage,

D.

whereas over the coming decades, regardless of our global mitigation efforts, there will be an inevitable increase in global temperature, with especially adverse effects for southern Europe, which is predicted to be an extremely vulnerable region in terms of climate change and which already experienced wildfires of unprecedented magnitude in 2007 as a direct result of the extreme heatwaves of that year,

E.

whereas the frequency, severity, complexity and impact of natural and man-made disasters across Europe have increased rapidly over recent years, resulting in loss of human life and property, with catastrophic short- and long-term effects on the economy of the regions affected, including depletion of the natural and cultural heritage, the destruction of economic and social infrastructure, and damage to the environment (in the case of wildfires, loss of natural habitat and biodiversity, deterioration of the microclimate and increases in greenhouse gas emissions),

F.

having regard to the damaging economic and social consequences of the natural disasters for local and regional economies, both in sectors such as tourism and in terms of productive activity in general,

G.

whereas prevention is of particular importance when it comes to protecting against natural, technological and environmental disasters,

H.

whereas the phenomenon of forest fires is also aggravated by the progressive abandonment of the countryside and its traditional activities, inadequate forest maintenance, the existence of large expanses of forest consisting of a single tree species, the planting of unsuitable tree varieties, the absence of a proper prevention policy and insufficiently severe penalties where fires are started deliberately, together with the inadequate implementation of laws prohibiting illegal building and ensuring reafforestation,

I.

whereas some Member States still lack a complete land registry and a proper forest registry and maps which, together with the inadequate implementation of laws prohibiting illegal building on burnt areas, constitute a vacuum that leads to changes in land use and the reclassification of forested land for construction and financial speculation,

J.

whereas the Community Mechanism for Civil Protection has been repeatedly activated in the last few years,

K.

whereas natural disasters such as the increasingly frequent forest fires in southern Europe can also have a cross-border dimension owing to the speed with which they can spread from their original source and their ability to change direction unexpectedly, so that they require flexible, rapid, coordinated and multilateral response efforts; having regard also to the extensive damage they can cause to property, human life, economic activities and the regional environment,

L.

whereas Parliament has repeatedly urged the Council Presidencies to reach a decision on a new Solidarity Fund Regulation since the adoption of its position in May 2006,

M.

whereas, since its creation in 2002, the Solidarity Fund has provided financial support totalling more than EUR 1,5 billion,

N.

whereas the Court of Auditors states that the Solidarity Fund ‘has achieved its underlying objective, which is to demonstrate solidarity with Member States in disaster situations’, although the most important problem remains the lack of rapidity with which the Fund can be activated as a crisis management instrument,

O.

whereas the Commission acknowledges the need to improve the transparency and simplicity of the criteria governing the mobilisation of the Solidarity Fund,

P.

whereas Parliament has submitted successive resolutions since 1995 calling urgently for various European Union initiatives to combat wildfires in southern Europe, which were either not implemented or left incomplete and ineffective,

1.

Expresses its sympathy and profound solidarity with the relatives of those who lost their lives and with residents of the affected areas, and pays homage to the fire-fighters, soldiers, professionals and volunteers who have worked tirelessly and courageously to extinguish fires, rescue people and limit damage from this summer's natural disasters;

2.

Deplores the failure to implement recommendations made in its earlier resolutions on natural disasters;

3.

Notes that the damage caused by the forest fires could have been prevented if some Member States had developed and implemented more efficient prevention policies and adequate legislation on conservation and appropriate land use;

4.

Takes the view that the Commission should submit a proposal for a European strategy to combat natural disasters, including a compulsory approach to risk prevention, and devise a protocol for standardised action for each type of disaster throughout the Union; also takes the view that this strategy should devote particular attention to island and outermost regions with low geographic density;

5.

Asks the Commission and the Member States to ensure that flood-risk management measures focus on prevention; considers that such measures, which work with nature and not against it, would protect people, property and the environment and help achieve environmentally sustainable water management, as well as the EU objective for biodiversity and the EU climate-change adaptation strategy;

6.

Urges the Commission to mobilise the current EU Solidarity Fund in the most flexible manner possible and without delay in order to assist the victims of this summer's natural disasters;

7.

Urges the Commission to support rehabilitation of the regions which have suffered heavy damage, restore the natural habitats in affected areas, seek to relaunch job creation and take appropriate measures to compensate for the social costs inherent in the loss of jobs and other sources of income;

8.

Welcomes the cooperation and assistance offered by other Member States to the affected areas in the framework of the Community Mechanism for Civil Protection; supports the continuation of the pilot project for combating forest fires, and calls on the Commission to report urgently on the pilot project to step up cooperation between Member States and the preparatory action on an EU rapid response capability, and calls for legislative proposals to be presented establishing a genuine Community disaster response capability covering forest fires and other types of disasters;

9.

Emphasises the extreme urgency of this issue and calls in consequence for the creation of an effective European force that could react immediately in emergencies, as proposed in the above-mentioned Barnier report; urges the Commission therefore to come forward with concrete proposals for a European cooperation capability which can respond more rapidly to natural disasters;

10.

Considers that recent experience and that of past years emphasises the need further to reinforce the Community's civil protection, prevention preparedness and response capability in relation to forest fires and other wildfires in southern Europe, and strongly urges the Commission to take action to this end in order to provide visible expression of European solidarity with countries affected by major emergencies; supports activities aimed at enhancing Member States' civil protection preparedness, notably through the exchange of experts and best practice, exercises and preparedness projects;

11.

Recognises the contribution of the Monitoring Information Centre in supporting and facilitating the mobilisation and coordination of civil protection assistance during emergencies;

12.

Emphasises the individual responsibility of the Member States for civil protection and disaster control measures and their primary responsibility for preventing and extinguishing fires; invites the Commission to take the necessary action to establish an independent, permanent European reaction force to assist the Member States and the affected regions during extreme forest fires and other disasters, providing the best equipment and expertise; notes, in this connection, that the Commission should study ways of securing access to complementary capacity that may be available from other sources, including private resources, to ensure a rapid response to major emergencies;

13.

Deeply regrets the fact that so many and such heavy losses have occurred during the fires in certain Member States which had been recently affected by fires of similar magnitude; considers it necessary, in consequence, to examine immediately the adequacy of prevention and preparedness measures in order to ensure that the necessary lessons are drawn with a view to preventing and limiting the devastating effects of similar disasters in Member States in the future; in this regard, urges the Commission to ask Member States to supply details of their operational programmes in place for dealing with natural disasters, with a view to exchanging experience and drawing conclusions on immediate measures, coordination of administrative and operational bodies, and availability of the necessary human resources and material;

14.

Deplores the fact that so many of these forest fires appear to have been started by acts of arson, and is particularly concerned that criminal acts of this kind are increasingly to blame for forest fires in Europe; calls on the Member States, therefore, to strengthen and make use of penal sanctions for criminal acts that damage the environment and, in particular, for those causing forest fires, and believes that prompt and effective investigations in order to establish liability, followed by proportionate punishment, would discourage negligent and deliberate behaviour;

15.

Calls for sanctions requiring the repayment of Community aid by any Member State that does not fully re-aforrest the affected area or allows a change of land use for any speculative development or tourist projects;

16.

Condemns the practice of legalising illegal construction on protected and non-authorised areas;

17.

Points out that arsonists, especially those who gain from rebuilding or the destruction of forest land, can be encouraged by laws that do not strictly define or protect such land and/or by the inadequate application of laws that prohibit illegal building; urges the Member States, therefore, to ensure that all burned forest areas remain forests and are covered by reafforestation programmes;

18.

Calls for more efficient methods for the early detection of forest fires, and better transfer of expertise on fire suppression measures among the Member States, and urges the Commission to improve the exchange of experience among the regions and Member States;

19.

Acknowledges the solidarity shown by the European Union, its Member States and other countries in assisting the affected regions during forest fire emergencies with the supply of aircraft, fire-fighting equipment and expertise, as well as the commendable help given to the relevant authorities and rescue teams; takes the view that the scale and impact of these phenomena frequently go beyond regional and national levels and capabilities, and calls for an effective European commitment as a matter of urgency;

20.

Welcomes the contribution of the European tactical reserve of fire-fighting aircraft (EUFFTR), which was established the summer of 2009 to assist Member States facing major fires; notes that this pilot project was established with Parliament's support in order to step up cooperation among Member States on combating forest fires, and proved to be an excellent example of enhanced capacity at European level providing immediate help in emergency situations; emphasises, in this context, the need to continue the development and reinforcement of this pilot project as we continue to experience circumstances where great devastation occurs because the capacity of Member States and the EUFFTR prove inadequate;

21.

Deplores the fact that the Commission and the Council did not plan any financial commitments for 2010 to continue the preparatory action for an EU rapid response capability already established in 2008 and 2009;

22.

Takes the view that a new European Union Solidarity Fund Regulation is essential as a means of addressing the problems caused by natural disasters in a more flexible and effective way; criticises the fact that the Council blocked progress on this, unlawfully delaying the revision, although Parliament adopted its position by an overwhelming majority at first reading in May 2006;

23.

Emphasises the fact that reviving this initiative could generate major benefits for the practical operation of the Fund, widening its scope, abolishing the exceptional activation of the Fund for regional disasters, allowing more regions to receive assistance by the introduction of a lower damage threshold for mobilising it and, very importantly, allowing a faster disaster response by speeding up payments;

24.

Strongly urges the Commission and Council to exercise maximum responsibility and speed in seeking a compromise in order to reactivate the process of revision of the Solidarity Fund Regulation with a view to creating a stronger and more rapid instrument, able to respond to the new globalisation and climate change challenges; calls on the Swedish Presidency in office, as well as the EU Ministers for Finance, Environment, Agriculture and Regional Development, to take swift and firm action without delay;

25.

Expresses its concern at the increasing number of natural disasters that, according to experts, can be attributed mostly to climate change, and calls on the Commission and the Council to make every effort to achieve an ambitious international agreement at the forthcoming fifth Conference of Parties serving as the Meeting of the Parties to the Kyoto Protocol, to be held in Copenhagen, Denmark, from 7 to 18 December 2009;

26.

Stresses the need to enhance prevention measures designed to tackle all types of natural disaster by establishing joint strategic guidelines to ensure better coordination among the Member States, as well as greater operability and coordination among the various Community instruments (Structural Funds, Solidarity Fund, EAFRD, LIFE+ and the mechanism of the rapid response and preparedness instrument for major emergencies), not forgetting the need to involve other existing instruments, such as State aid for regional purposes and European Investment Bank loans, with the aim of remedying the damage caused by natural disasters; calls on the Commission to report on Community funds granted for forest fire protection and whether they have been used in an appropriate manner;

27.

Asks for regional coordination mechanisms to be introduced into rural development programmes in order to enhance the efficiency of prevention measures;

28.

Stresses the need to speed up the procedure for accessing EU funds for the recovery of agricultural land following floods and fires, and for more financial aid to be made available for the development of firebreaks and flood defences; stresses the fatal effects of forest fires and floods on animals and livestock;

29.

Considers it essential to take into account the structural problems of the rural environment (demographic decline, abandonment of farmland, deforestation and the excessive fragmentation of woodland ownership);

30.

Takes the view that the existing links between civil protection and environmental policies should be reinforced in order to take full advantage of the preventive measures included in environmental legislation and ensure a coordinated EU approach to disaster prevention and mitigation; emphasises, however, that there are no plans whatsoever to replace or weaken existing national competencies in civil protection and disaster prevention through EU guidelines;

31.

Believes that the procedures for mobilisation of the Solidarity Fund need to be reviewed in order to speed up payment of aid; considers, in particular, that to that end a system of advance payments based on initial estimates of direct damage could be developed, whereby further payments would depend on the exact calculation of total direct damage and evidence of the prevention measures taken as a result of the disaster;

32.

Calls on the Commission to make progress in devising information and education campaigns on the prevention measures agreed with the Member States in order to reduce the risks and consequences of natural disasters, especially in the areas of highest risk, by making the public aware of the need to care for the environment and conserve natural resources; urges the Commission and the Member States to take measures, including measures to raise public awareness, in support of more sustainable use of water, soil and biological resources and better waste management, the absence of which is often the cause of fires;

33.

Underlines that, quite apart from its severe environmental and economic repercussions, the current frequency of fires in southern Europe – almost 95 % of the total area burnt in the EU is located in the Mediterranean region – is said to be directly linked to the worsening impact of climate change in those areas (erosion and soil loss, desertification and increase in greenhouse gas emissions, including CO2);

34.

Calls, therefore, for an integrated EU strategy for the preservation of the southern European forest ecosystems, which will ensure sufficient financing of prevention measures, measures to reverse extended economic and environmental damage, and the full restoration of the ecosystem, as well as allocations for the adaptation and mitigation of the south European forest ecosystems to climate change;

35.

Stresses that the severe exposure of the forest ecosystems of the Mediterranean regions to climate change should be taken fully into account; calls on the Commission to introduce, among the agri-environmental measures provided for under the common agricultural policy, specific interventions designed to prevent and avoid the spread of forest fires, and to undertake in-depth consideration of the introduction of a common forest policy to deal more effectively with climate change and natural disasters; urges the Commission, in its proposal for an EU action plan for adapting to climate change, to prioritise the prevention and combating of droughts and forest fires in southern Europe;

36.

Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States and the regional authorities affected by the fires and floods.

19.8.2010   

EN

Official Journal of the European Union

CE 224/8

A.

whereas SWIFT announced in October 2007 a new messaging structure to be operational by the end of 2009,

B.

whereas this change in messaging structure would have the consequence that the majority of the financial data that SWIFT had thus far been subpoenaed to transfer to the US Treasury Department's TFTP would no longer be made available to the TFTP,

C.

whereas on 27 July 2009 the Council unanimously adopted the negotiating directives for the negotiation by the Presidency, assisted by the Commission, of an international agreement with the US, on the basis of Articles 24 and 38 of the Treaty on European Union, to continue the transfer of SWIFT data to the US TFTP,

D.

whereas the negotiating directives, together with the legal opinion on the choice of legal basis issued the Council's Legal Service, have not been made public, since they are classified ‘EU Restricted’,

E.

whereas the international agreement will provide for provisional and immediate application from the time of signature until entry into force of the agreement,

F.

whereas the EU itself does not have a TFTP in place,

G.

whereas access to data managed by SWIFT makes it potentially possible to detect not only transfers linked to illegal activities but also information on the economic activities of the individuals and countries concerned, and could thus be misused for large-scale forms of economic and industrial espionage,

H.

whereas SWIFT concluded with the United States Treasury Department a memorandum of understanding which narrowed the scope of data transferred and confined the scope of data searches to specific counter-terrorism cases, and subjected such transfers and searches to independent oversight and audit, including real-time monitoring,

I.

whereas any EU-US agreement must be conditional upon maintaining the protection which exists in the memorandum of understanding and the US Treasury representations, such as those that apply in the case of data subpoenaed from SWIFT's US operating centre by the US Treasury Department,

1.

Recalls its determination to fight terrorism and its firm belief in the need to strike the right balance between security measures and the protection of civil liberties and fundamental rights, while ensuring the utmost respect for privacy and data protection; reaffirms that necessity and proportionality are key principles without which the fight against terrorism will never be effective;

2.

Stresses that the European Union is based on the rule of law and that all transfers of European personal data to third countries for security purposes should respect procedural guarantees and defence rights and comply with data-protection legislation at national and European level (9);

3.

Reminds the Council and the Commission that, within the transatlantic framework of the EU-US agreement on legal assistance, which will enter into force on 1 January 2010, Article 4 provides for access to be granted to targeted financial data upon request, through national state authorities, and that this might constitute a sounder legal basis for the transfer of SWIFT data than the proposed interim agreement, and asks the Council and the Commission to explain the need for an interim agreement;

4.

Welcomes SWIFT's decision in June 2007 to relocate all intra-EU financial transfer data to two European operating centres; draws the Council's attention to the fact that this decision was taken in accordance with the Belgian Data Protection Authority and the request from the EU's Article 29 Working Party and in line with the view expressed by the European Parliament;

5.

Notes that the Council did not adopt the negotiation directives until almost two years after SWIFT announced the change in messaging structure;

6.

Is concerned that, with respect to the legal basis chosen for this envisaged agreement, the legal services of the institutions have expressed divergent opinions, and notes that the Council's Legal Service is of the opinion that it is a Community competence;

7.

Believes, to the extent that an international agreement is absolutely necessary, that it must as a very minimum ensure:

8.

Requests the Council and the Commission to clarify the precise role of the ‘public authority’ to be designated with responsibility to receive requests from the US Treasury Department, taking into account in particular the nature of the powers vested in such an ‘authority’ and the way in which such powers could be enforced;

9.

Requests the Council and the Commission to confirm that batches and large files such as those concerning transactions relating to the Single European Payment Area (SEPA) fall outside the scope of the data to be requested by or transferred to the US Treasury Department;

10.

Stresses that SWIFT is a key infrastructure for the resilience of Europe's payment systems and securities markets and should be not be unfairly disadvantaged vis-à-vis competing financial message providers;

11.

Underlines the importance of legal certainty and immunity for citizens and private organisations subject to data transfers under such arrangements as the proposed EU-US agreement;

12.

Notes that it may be useful for the Commission to evaluate the necessity of setting up a European TFTP;

13.

Requests the Commission and the Presidency to ensure that the European Parliament and all national parliaments will be given full access to the negotiation documents and directives;

14.

Instructs its President to forward this resolution to the Council, the Commission, the European Central Bank, the governments and parliaments of the Member States and candidate countries, and the United States Government and the two Chambers of Congress.

19.8.2010   

EN

Official Journal of the European Union

CE 224/12

A.

whereas the countries of Central Asia, of which Tajikistan is one, lie at a key intersection between Europe and Asia and, historically and traditionally, have represented an important meeting and transit point between the two continents,

B.

whereas the EU takes a very close interest in security and stability, the development and consolidation of democratic institutions and respect for human rights and the rule of law in the region, particularly since strategic, political and economic developments and the growing trans-regional challenges in Central Asia also have a direct and indirect bearing on the interests of the EU itself,

C.

whereas the new EU Strategy for Central Asia aims to improve political dialogue and strengthen ties between Europe and its Central Asian partners, in keeping with the values on which the EU is founded,

D.

whereas Tajikistan, with a common frontier running for more than 1 300 km with Afghanistan, is a key regional player on the front line with Afghanistan in EU - and other international - efforts to combat drug trafficking, extremism and threats to regional security,

E.

whereas EU policy objectives vis-à-vis Tajikistan are primarily aimed at support for poverty reduction, good governance and reforms, and, regionally, for a more effective fight against drug trafficking and organised crime, and whereas the EU provides assistance for this, particularly through support for border management through its Border Management and Drug Action in Central Asia (BOMCA/CADAP) programmes,

F.

whereas the PCA with Tajikistan provides for commitments and cooperation on re-admission and on the control of illegal immigration; whereas a separate agreement should be concluded setting out the details of this cooperation,

G.

whereas the civil war that ended in 1997 destroyed infrastructure and institutions and ravaged Tajikistan's economy, leaving it the poorest of the former Soviet republics; whereas, although Tajikistan has seen a period of strong recovery in recent years, around 60 % of the population still lives in abject poverty, and healthcare and education in the poorer areas remain inaccessible; whereas Tajiks rely heavily on remittances from migrant workers, but whereas this income is seriously threatened by the economic crisis in the region, and it is, therefore, of the utmost importance to help Tajikistan develop a sustainable and sound domestic economic system,

H.

whereas Tajikistan has the highest birth rate in Central Asia, with almost 40 % of its population of 7,3 million being made up of young people aged under 15; whereas the development of a good education system is crucial for the future of the country,

I.

whereas Tajikistan's main economic drivers are cotton and aluminium production, but whereas prices for those commodities are falling on the world market; whereas Tajikistan has no oil and little gas and, despite its substantial hydroelectric reserves, has suffered severe energy shortages,

J.

whereas the institutional, legal and financial environment is not favourable to the development of Tajik businesses and needs significant encouragement,

K.

whereas Tajikistan is dependent on foreign aid and humanitarian assistance, and whereas nearly half the labour force works abroad, mainly in Russia, supporting families at home through remittances,

L.

whereas the dissolution of the Soviet Union has brought about a disruption of traditional economic relations and regional markets which is adding to the present economic slump; whereas the EU should make every effort to rebuild confidence between the countries of the region and, by so doing, facilitate the resumption of regional cooperation,

M.

whereas, in addition to receiving assistance under the Development Cooperation Instrument, Tajikistan also participates in several ongoing regional programmes,

N.

whereas, whilst apparently enjoying popular support, President Rahmon has systematically repressed all opposition and effectively done away with the power-sharing which the 1997 peace agreement was intended to guarantee,

O.

whereas the final election observation report of the OSCE/ODIHR (OSCE's Office for Democratic Institutions and Human Rights) noted a lack of genuine choice and meaningful pluralism in the 2006 presidential elections,

P.

whereas corruption is widely recognised as being endemic and pervasive at all levels, and whereas much of the international donor funding received is not directed to its proper purpose,

Q.

whereas civil society is still nascent, its genuine development has often been obstructed by the government and it has a long way to go before it can fulfil its potential for fostering human development in the country; whereas some activities by religious groups have been curtailed by the requirement to register with the State Committee on Religious Affairs and by other restrictive measures under a newly-adopted law on freedom of conscience and religious associations,

1.

Welcomes the fact that Tajikistan has made it clear that it is committed to cooperation with the EU, that it wishes to improve its levels of trade with the EU and to promote educational links, and that it will implement specific measures in key areas, such as social welfare, health, education, tackling corruption and improving human rights, in order to show that it takes those commitments seriously;

2.

Is aware of the strong sense of disappointment on the part of the Tajik Government that the PCA has not yet been concluded, particularly in view of the EU's position that, as political, economic, social and other conditions differ widely among the Central Asian states, it is absolutely essential for the EU to differentiate its policies accordingly; consequently, expresses its intention to give its assent, and looks forward to the PCA being concluded as soon as possible;

3.

Views its assent to the conclusion of the PCA as sending out a signal of willingness to engage with Tajikistan and of encouragement to Tajikistan to take all necessary steps towards the reforms that are desperately needed; however, draws the attention of Tajikistan above all to the conditionality implicit in the human rights/suspension clause;

4.

Takes the view that the full development of the PCA and the enhancement of bilateral relations should be based on an accurate and timely assessment of the progress made in the key areas and, in this respect, urges the Commission to define a clear set of benchmarks and conditions;

5.

Notes the severe economic difficulties facing Tajikistan and its fragile transport and energy infrastructure, and is seriously concerned that, as of May 2009, owing to the impact of the economic crisis and the inadequacies of the agricultural sector, 1,5 million people were in a situation of food insecurity;

6.

Urges the Tajik Government to address the supply-side root of the problem and to review its policy of over-ambitious projects which do nothing to address the fundamental and immediate needs of the people; at the same time, calls on it to strengthen regional markets and improve local production and to urgently implement food-support and job-creation programmes;

7.

Calls on the Tajik Government to address urgently the disastrous state of the education and health sectors, which threatens to create a new wave of social problems in coming generations and to undermine the future of the country;

8.

Notes, too, that chronic poverty is helping to fuel the drug trade, with some reports suggesting that 30-50 % of the country's economic activity is linked to narcotics trafficking;

9.

Urges Tajikistan to exploit its huge potential for hydroelectric power generation in a rational and democratic manner in view of concerns in downstream countries which traditionally rely on secure seasonal water flows; urges the Commission, in this regard, to make every effort to facilitate the development of joint projects which involve all regional actors potentially affected and are in line with EU standards;

10.

Urges Tajikistan to introduce structural changes to improve the investment climate for foreign firms;

11.

Urges Tajikistan to fully implement necessary economic reforms, with particular emphasis on the need to introduce agricultural reforms in order to enable farmers to be freed from debt and to move from a cotton monoculture into alternative forms of agriculture;

12.

Recognises that Tajikistan is a relatively stable country, with no indication either of an external threat so far or of any well-organised local insurgency; notes, however, indications of some cracks in the regime (for example, in 2008, instances of violence and demonstrations in the autonomous mountain region of Badakhshan, and a recent security operation in the eastern Tavildara district involving government forces and armed former opposition groups and foreign militants) which have raised questions about the President's grip on power; equally, draws attention to fears that entrenched poverty, rampant corruption and an increasingly authoritarian government may increase the risk of future political, economic and social instability;

13.

Reminds Tajikistan of the Millennium Development Goals and of the EU's support for serious efforts to achieve progress in this area;

14.

Draws attention to the parliamentary structure in Tajikistan, which is dominated by the pro-presidential People's Democratic Party (PDP); deplores the fact that opposition parties have been sidelined and potential rivals imprisoned or exiled; with a view to the elections promised by the President for 2010, calls on the Tajik Government to honour its commitments with regard to democratisation by allowing the emergence of a genuine multi-party political system and revising the Electoral Law (e.g. to provide for non-partisan observers, the cancellation of the registration fee for candidates, and more transparency in the counting, tabulation and publication of the results of votes);

15.

Criticises the restrictions imposed on NGOs and the absence of influential and visible civil society activity in Tajikistan, since this absence could undermine future democratic development, and reiterates the need for significant reform and respect for human rights in all sectors of society;

16.

Notes that corruption is widely recognised as a major problem in Tajikistan, owing in part to the lack of a legal culture and the inability of the country to pay its civil servants properly; wishes to see evidence that the Law on Corruption, the Anti-Corruption Agency and the ambitious anti-corruption strategy for 2008-2012, now in place, are more than mere window-dressing;

17.

Calls on Tajikistan to institute a policy of complete transparency in the economic sector, including public accounting of all income from state-owned enterprises (both on-shore and off-shore), such as the Tajik Aluminium Company Talco and the power utility company Barqi Tojik, as well as transparency in cotton-sector financing;

18.

Stresses Tajikistan's geographical neighbourhood role vis-à-vis Afghanistan and the related issues of drugs, terrorism and extremism, and notes the potential for Tajikistan to create a modern, functioning state capable of acting as a firewall against the spread of extremism from Afghanistan and the region; stresses the importance of further engaging with Tajikistan with a view to helping it to operate as a stable, functioning state; points out that the fight against terrorism cannot be used as a pretext for the repression or intimidation of opposition forces and must be carried out with full respect for human rights and civil liberties;

19.

Notes that energy and water are key issues for human security and inter-state relations within Central Asia; draws particular attention to the energy dispute between Tajikistan and Uzbekistan (as evidenced by, inter alia, the temporary but unannounced closure of the border by Uzbekistan, its cutting-off of gas supplies and the doubling of prices) and to the water disputes with Uzbekistan and the Kyrgyzstan; calls in this context for urgent region-wide consultations on the rational use of energy resources;

20.

Is seriously concerned by human rights abuses in Tajikistan, perpetrated with virtual impunity and taking various forms, including pressure applied on courts and judges both by the government and by criminal networks, pressure on the media, widespread abuse of women's rights, child labour and the exploitation of students, including minors, for cotton harvesting, workers living in what the US-based Freedom House has described as ‘financial servitude’, appalling conditions of detention, including torture and other forms of mistreatment, and human trafficking;

21.

Welcomes, in this respect, the start of an official and result-oriented Human Rights Dialogue between the EU and Tajikistan; regards progress in this field as crucial for the development of bilateral relations; stresses the importance of involving the NGOs operating in Tajikistan formally and substantively in such dialogue;

22.

Deplores the new law on NGOs, modelled on a Russian law, which has introduced onerous registration and re-registration requirements;

23.

Stresses that, although freedom of speech and of the press is guaranteed by Tajik law, the authorities often subject individuals who disagree with government policies to intimidation and discourage them from speaking freely or critically; criticises, furthermore, the fact that the independent media are subjected to various types of intimidation and control that force them to practise self-censorship;

24.

Is concerned, too, that religious freedom is in decline and that the new law on religion, signed by the President on 25 March 2009, prohibits many religious practices and may outlaw many religious communities, pushing them underground;

25.

Stresses that discrimination and violence against women remains a widespread problem; calls on the Commission to set up ad hoc programmes in order to enhance women's opportunities and urges the Tajik authorities to make every effort to put an end to women's rights abuses and facilitate women's access to justice;

26.

Notes with concern the 2007 Law on Observing National Traditions and Rituals, which imposes restrictions on how Tajiks dress or celebrate traditional events;

27.

Deplores the widespread use of torture, points out that the definition of torture is still incomplete in Tajik law, and calls once again for the adoption of all necessary measures to ensure compliance with the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in particular by bringing to justice officials responsible for degrading treatment or ill-treatment, and for the ratification of the optional protocol (OPCAT) providing for monitoring of places of detention; calls, furthermore, for the complete abolition of the death penalty;

28.

Notes that the Tajik parliamentary committee responsible for legal issues and human rights is entrusted with the task of vetting legislation for compliance with human rights provisions, but that it has not been very effective;

29.

Welcomes the recent nomination of the Ombudsman and calls on the Tajik Government to guarantee his full independence;

30.

Urges international donors to take all possible steps to encourage and support the emergence of a viable and dynamic civil society and to encourage the independent media to cover the issue of state corruption and the flow of international funds;

31.

Calls on the Commission to ensure, in cooperation with the Council Presidency, that democracy and human rights are fully taken into account at all levels of its dialogue with Tajikistan and that the EU offers Tajikistan all the assistance it requires in those fields;

32.

Stresses the need for more funding to be channelled directly to local authorities and civil society, conditional on transparency and verifiability;

33.

Calls on the Commission to report back regularly to it on developments in the fields of democracy and human rights and to keep its Committee on Foreign Affairs fully informed of progress achieved in the context of the political dialogue; calls on the Council to involve it in the Human Rights Dialogue with Tajikistan;

34.

Urges the Commission to engage as soon as possible in negotiations with the Tajik Government on the conclusion of implementing agreements for the PCA, such as that concerning readmission and the control of illegal immigration;

35.

Urges the EU, in the light of Tajikistan's role as a transit country for drugs from neighbouring Afghanistan to Russia and western Europe, to further strengthen its support for measures to counter these activities in Tajikistan, paying particular attention to the funding of the Tajik Drug Control Agency, without undermining cross-border trade, which is vital for the economic development of the border regions;

36.

Draws attention to the existence of unexploded cluster bombs in Tajikistan and urges that funding for their clearance be increased;

37.

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

19.8.2010   

EN

Official Journal of the European Union

CE 224/18

A.

whereas the EU is a community of values based on human rights, fundamental freedoms, democracy and the rule of law, equality and non-discrimination, and whereas directives, including those concerning the fight against discrimination based on sexual orientation, have been approved and proposed in order to achieve this aim,

B.

whereas sexual orientation is a matter falling within the remit of an individual’s right to privacy, guaranteed by international, European and national human rights law, and equality and non-discrimination should be promoted by public authorities, while freedom of expression should be guaranteed for the media, non-governmental organisations (NGOs) and individuals,

C.

whereas on 14 July 2009 the Lithuanian Parliament approved amendments to the Law on the Protection of Minors against the Detrimental Effects of Public Information that will come into force on 1 March 2010, under which it will be prohibited ‘to directly disseminate to minors’ public information whereby ‘homosexual, bisexual or polygamous relations are promoted’, because it has ‘a detrimental effect on the development of minors’,

D.

whereas the wording of the law, with particular reference to Article 4 thereof, is vague and legally unclear and might lead to controversial interpretations,

E.

whereas, following the overruling of the President's of the Republic of Lithuania veto, the law is now under review by the Lithuanian national authorities,

F.

whereas it is unclear what kind of materials would fall within the scope of this law and whether its scope extends to books, art, press, publicity, music and public representations such as theatre, exhibitions or demonstrations,

G.

whereas the Swedish Presidency of the EU has discussed the amended law with the Lithuanian authorities, while the new President of the Republic of Lithuania has declared that she will act to ensure that the law is in conformity with EU and international requirements,

1.

Asks the European Union Agency for Fundamental Rights to give an opinion on the law and the amendments in the light of the EU Treaties and EU law;

2.

Reaffirms the importance of the EU fighting against all forms of discrimination, and in particular discrimination based on sexual orientation;

3.

Reaffirms the principle set out in the preamble of the UN Declaration of the Rights of the Child of 20 November 1959 that ‘the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection’;

4.

Welcomes the statements made by the new President of the Republic of Lithuania and the creation of a working group in Lithuania charged with evaluating possible changes to the law, and invites the President of the Republic of Lithuania and authorities to ensure that its national laws are compatible with human rights and fundamental freedoms as enshrined in international and European law;

5.

Notes that the Law on the Protection of Minors against the Detrimental Effects of Public Information approved by the Lithuanian Parliament on 14 July 2009 is not yet in force and needs to be reviewed before it enters into force;

6.

Instructs its committee responsible to follow up the issue;

7.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and of the candidate countries, the President and Parliament of the Republic of Lithuania, the European Union Agency for Fundamental Rights and the Council of Europe.

19.8.2010   

EN

Official Journal of the European Union

CE 224/20

A.

whereas there has been a dramatic deterioration in the situation on the dairy market in the last 12 months, with milk prices falling below EUR 0,21 per litre, despite intervention and export subsidies, and many farmers are now selling dairy products below production costs,

B.

whereas the viability of many EU dairy farmers is now seriously at risk, with many only surviving by using up their personal savings, which is clearly not sustainable, driving farmers to stage major public demonstrations across the EU,

C.

whereas a consequence of the worldwide economic crisis has been a considerable decline in demand for dairy products at precisely the same time as supply has increased owing to third countries such as New Zealand, Australia, Argentina, Brazil and the USA producing greater quantities,

D.

whereas in the 2009 EU budgetary procedure Parliament prioritised the creation of a special EU Dairy Fund to help the sector through difficult readjustments,

E.

whereas Parliament has repeatedly highlighted the difference between the prices paid by consumers for agricultural products in the supermarket and the prices received by producers, and has urged the thorough investigation of potential market abuses,

F.

whereas the Commission has calculated that over the period May 2006 to May 2009 prices paid by consumers for milk and cheese increased by more than 14 %, while prices received by producers in some Member States have decreased by 40 % over 12 months,

1.

Considers that, given the continuing critical situation on the dairy market, both far-reaching and short-term measures are necessary, and points out that the measures taken by the Commission to date are not sufficient to solve the crisis in the sector;

2.

Regrets that the Commission failed to predict the severity of the current crisis and did not propose adequate measures sooner;

3.

Calls on the Commission to establish, as a matter of urgency, which measures could bring about market stabilisation, and to undertake an in-depth evaluation with stakeholders and Member States on the future of the milk sector with a view to analysing the possibility of reinforcing management mechanisms that avoid price volatility;

4.

Notes that a range of opinions exist among the Member States regarding the possibility of not increasing dairy quotas in 2010; calls on the Commission to present a detailed analysis concerning all the factors that impact on the price obtained by dairy producers, including the quota increase;

5.

Calls on the Commission to apply the necessary measures to ensure that imported feedstuffs comply with the same standards that dairy farmers have to meet within the EU, in order to prevent imports of such products that do not meet those standards from undermining the EU's efforts to enhance sustainable milk production;

6.

Reaffirms its commitment to the creation of an EU Dairy Fund of EUR 600 million to aid producer organisations and cooperatives and to support farm investment, modernisation, diversification, area-based measures, marketing activities, small producers and young farmers, and recalls that Parliament made the same request during the 2009 budget procedure;

7.

Asks the Commission to propose measures to help producers increase the added value of their products and to encourage them to produce high-quality milk-based products (such as cheese), especially in those areas where there are few production alternatives;

8.

Calls on the Commission to introduce immediate measures to stimulate demand for dairy products, and considers an extension of the scope, product range and financing of the school milk programme to be a good example of a feasible initiative; calls for closer coordination between the Commission Directorates-General in this regard;

9.

Calls on the Commission to encourage contractual relations within the agro-food chain and strengthen producer organisations so as to balance relations between the various parties involved in the sector and forestall market risks, as a complement to the other regulatory instruments which the sector requires;

10.

Considers there to be a need specifically to promote production by dairy farmers working in conditions with permanent natural and geographical disadvantages such as mountain regions, or those with a clear organic strategy, because of their non-market-oriented environmental and cultural added value and quality;

11.

Calls on the Commission to formulate proposals to bring supply and demand on the EU dairy market into balance;

12.

Calls on the Commission to examine the possibilities for an early retirement scheme for dairy producers, for example by setting up a quota buy-back scheme, similar to the grubbing-up scheme in the wine CMO;

13.

Demands, bearing in mind the European dimension of the crisis in the dairy sector, that the Commission play its role in the search for common solutions, avoiding inequalities among Member States and the distortions of the market that may be caused by State aid;

14.

Supports the Commission's intention to examine measures, such as favourable loans and mutual guarantee schemes, to help reduce price volatility in agricultural commodity markets;

15.

Supports the immediate use of milk powder to feed calves, as a way of increasing demand for dairy products;

16.

Recalls that clear labelling of dairy product substitutes such as non-dairy cheese and other non-dairy products is of vital importance, and should include specification of raw materials and country of origin; insists that products branded as dairy products must contain animal milk or animal milk products;

17.

In order to help farmers to overcome the current crisis, notably in the dairy sector, calls on the Commission to increase, without delay, the maximum amount of de minimis State aid payments to all productive agricultural sectors from EUR 7 500 to EUR 15 000, by way of exception to the set national limit for State aid;

18.

Recognises that a cheaper price for feed would help ease production costs for dairy farmers;

19.

Welcomes the Commission's proposal to extend the intervention period for butter and skimmed milk powder to 28 February 2010 and considers that, at least in the short-term, the intervention price should be increased; acknowledges that such an increase would be an emergency measure to counteract extreme market imbalances and not a long-term solution;

20.

Calls for the extension of private storage to cheese products and for adequate levels of support to be set in order for that measure to be effective, as well as for an increase in the number of third countries – such as the USA – to which EU cheese products may be exported with export refunds;

21.

Calls on the Commission to examine, for the longer term and once export refunds are phased out, how the corresponding appropriations can be maintained in the dairy sector;

22.

Calls on the Commission to allow agriculture export credit insurance, as is the practice in the USA;

23.

Calls on the Commission to improve price transparency within the food supply chain, as consumer prices in many Member States remain conspicuously high despite dramatically decreased producer prices;

24.

Calls on the Commission to present its communication on food prices in Europe without delay; recalls that Parliament has, for a long time, been asking the Commission to investigate potential abuses of market power in the food supply chain, especially in the dairy sector, and considers that such an investigation is long overdue;

25.

Calls on the Commission to implement an EU-wide code of conduct governing relations between retailers and producers;

26.

Considers that there is a need to establish a transparent system that monitors commodity prices, in particular prices charged to consumers;

27.

Notes with regret that the conclusions of the Council meeting of 7 September 2009 did not propose any concrete way of rapidly overcoming the crisis in the European dairy industry, which affects all producers in the European Union, without exception;

28.

Calls on the Commission vigorously to oppose initiatives by certain Member States to renationalise the Common Agricultural Policy;

29.

Insists that the Commission report regularly to Parliament over the coming months on the situation on the dairy markets;

30.

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

19.8.2010   

EN

Official Journal of the European Union

CE 224/23

A.

whereas energy security constitutes an essential component of the overall security, stability and prosperity of the European Union and a key element for the pursuit of economic and social development in Europe, for which, however, there is still no basis under the Treaties,

B.

whereas the lack of a genuine and effective common European external energy security policy undermines the coherence and credibility of the EU's external action,

C.

whereas the EU's dependence on energy imports is significant at present and, as things stand, is projected to increase,

D.

whereas, despite the drop in oil and gas prices as a result of the global financial crisis, the slow progress in switching to more sustainable fuels, the declining output from the world's oil and gas fields, in spite of the discovery of new resources, and the continuing growth in demand will inevitably mean a return to tighter fossil fuel markets and increasing import dependence for oil-consuming countries, once the crisis is over,

E.

whereas several Member States are highly dependent on a single supplier of natural gas, and whereas unwarranted disruption to supplies can cause severe problems, as demonstrated during the last Russia-Ukraine gas crisis at the beginning of 2009,

F.

whereas a number of Member States do not possess sufficient natural reserves to cope with crises,

G.

whereas, owing to existing and increasing energy-supply dependence on politically unstable regions, efforts to ensure security of supply exclusively at national level have proved to be insufficient and do not safeguard the long-term interests of all Member States,

H.

whereas the existing early-warning instruments proved inadequate to predict the gas crisis of January 2009,

I.

whereas predictable threats to the security of energy supplies will continue to exist as long as energy-producing and transit countries do not abide by common and transparent rules, as defined by the Energy Charter Treaty and the Transit Protocol,

J.

whereas a commitment to energy efficiency at home and abroad and a significant move towards a much larger share of renewable energy in the European Union's current energy mix would have a major impact in terms of reducing its dependence on imported energy and thereby improving its energy security, on the one hand, and helping it to honour its commitment to reduce greenhouse gas emissions by 20 % by 2020, or more if agreed in Copenhagen, on the other,

K.

whereas a very cost-effective solution for reducing EU energy dependence is to encourage energy savings, renewable energy and energy efficiency measures, which also contribute to combating climate change and progress towards a resource-efficient economy,

L.

whereas close cooperation in the field of energy supply constitutes one of the most effective and indispensable confidence-building measures in relations between the European Union and neighbouring countries,

M.

whereas, although some steps have already been taken, there is a need to create a truly common energy policy with regard to internal market regulation, though not a country's energy mix, which remains the prerogative of Member States, and external aspects that takes account of the political and economic interests of all Member States,

N.

whereas a common European external energy security policy, based on solidarity, diversification, unity in defending common interests, strengthened cooperation with the major energy-producing, transit and consumer countries and the promotion of sustainability, would create synergies which would ensure security of supply for the European Union and would enhance the EU's strength, capacity for action in foreign policy matters and credibility as a global actor,

1.

Looks to the Council, the Commission and the Member States to display together stronger strategic leadership in establishing a genuine common European external energy security policy, as called for in its above-mentioned resolution of 26 September 2007;

2.

Welcomes the measures on diversification and improving the EU's energy security proposed by the Commission in the Second Strategic Energy Review; considers, however, that clearly defined priorities and speedy action to implement them are needed, whilst keeping Parliament fully informed;

3.

Reiterates that a properly functioning internal energy market is of vital importance in preventing future gas-supply disruption and crises, as is the diversification of energy sources; underlines, therefore, the need for more investment in renewable and low-carbon energy and energy efficiency, which should be a central part of the Energy Action Plan for 2010-2014;

4.

Welcomes the above-mentioned new proposals for regulations on measures to safeguard security of gas supply and on investment projects in energy infrastructure within the European Community, which will contribute to greater security of gas supply in the European Union by ensuring that Member States take preventive action and improve crisis-management mechanisms and by increasing transparency and reducing red tape;

5.

Calls for more efforts to anticipate potential problems in energy supplies in order to avoid future disruption by developing, inter alia, the effectiveness of the Network of Energy Security Correspondents (NESCO), and calls on the Commission urgently to review existing early-warning mechanisms, NESCO and other instruments which proved ineffective in the face of the 2009 Russia-Ukraine energy crisis;

6.

Calls on the European Union and its Member States to develop gas storage with fast-release capacity;

7.

Regards the improvement of interconnections within Europe as essential, since filling the existing gaps is vital to the efficient functioning of the internal market and energy solidarity; welcomes, in this regard, the agreement on the financing of infrastructure projects as part of the European Economic Recovery Plan (EUR 250 million) and the idea of giving Europe a new European supergrid for electricity and gas, but insists that a general increase in public and private funding in the field of energy security is indispensable;

8.

Underlines the urgent need to implement strategic projects aimed at the diversification of energy supplies, especially in the Southern Corridor; congratulates, in the context of becoming less dependent on Russian supplies, the governments of Austria, Bulgaria, Hungary, Romania and Turkey on the 13 July 2009 signing of the Intergovernmental Agreement on the legal framework for the Nabucco pipeline project, an important step towards realising this EU priority project, but underlines, at the same time, the importance of a general regime to govern the development of the corridor, with a view to linking the EU to new sources of gas from the Middle East and the Caspian region independently of any one company or pipeline, which regime would be aimed primarily at the speedy realisation of this link; urges the companies and the Member States involved in close cooperation with the Commission to secure initial agreements with prospective suppliers to feed the pipelines;

9.

Stresses that the EU should engage in close dialogue with key energy suppliers, with a view to strengthening energy interdependence and improving energy security for the EU as a whole, with a particular focus on greater efficiency, equal market access, non-discrimination and transparency;

10.

Stresses that energy dialogues should in no way take place at the expense of frank and results-oriented dialogues on human rights and that the protection of human rights and energy security should be a priority on the agenda for the next EU-Russia summit and become an integral part of the new EU-Russia agreement;

11.

Suggests the development of a common EU approach to negotiations on transit rules and fees with external partners and calls on the Member States to inform each other and the Commission about strategic decisions and agreements concerning energy infrastructure projects;

12.

Calls on the Commission to take immediate action against hostile takeover moves by non-transparent foreign entities in the EU energy market and to apply strictly EU competition rules; is alarmed, for example, by Surgutneftegas' recent acquisition of a stake in the Hungarian energy company MOL and its inability to disclose its ownership structure and the identity of its ultimate beneficiary owners, as legitimately requested by the Hungarian energy market regulator; calls on the Commission to investigate the activities of non-transparent foreign entities such as CENTREX, which recently took a 20 % stake in Austria's Baumgarten trading and storage facility;

13.

Calls on the EU to cooperate with the countries in the North Sea region in view of their significant potential as energy sources, in particular through production of offshore wind energy;

14.

Calls on the Council and Commission to cooperate with the Member States of the Mediterranean region and the countries of north Africa, in view of their significant energy-resource potential and the substantial opportunities which could be created for their own development in particular within the Barcelona Process; encourages, in particular, the use of solar and wind energy in these regions; welcomes the recent progress made with the DESERTEC Industrial Initiative to develop the vast potential for solar energy in the Middle East and north Africa; stresses that EU action in relation to the DESERTEC project must be coherent and make an active contribution to the development of north African and Middle Eastern countries; calls, therefore, on the companies and Member States involved in this project - in close cooperation with the Commission - to promote development by means of genuine technology transfer and capacity-building aimed at local companies and civil society in order to ensure ownership and build a lasting partnership with the Mediterranean countries in which DESERTEC will be developed;

15.

Emphasises the strategic importance of the Arctic region for the EU, in terms of both energy resources, environment, biodiversity and transport issues and the opening-up of the North-East Passage;

16.

Emphasises that progress in developing a common European energy policy depends to a large extent on the entry into force of the Lisbon Treaty; urges the EU and the Member States to take steps to secure a binding, progressive and all-encompassing Treaty basis for a common European energy supply and security policy; calls for the speedy ratification of the Lisbon Treaty, which contains an energy solidarity clause and makes energy policy a shared responsibility between the EU and the Member States, as a step in the right direction;

17.

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

19.8.2010   

EN

Official Journal of the European Union

CE 224/27

A.

whereas as a member of the Council of Europe and of the Organisation for Security and Cooperation in Europe (OSCE), Russia has committed itself to the protection and promotion of human rights, fundamental freedoms and the rule of law,

B.

whereas enhanced cooperation and good-neighbourly relations between the EU and Russia are of key importance to the stability, security and prosperity of the whole of Europe,

C.

whereas the EU is aiming for a strategic partnership with Russia based on the values of democracy, human rights and the rule of law,

D.

whereas there is an alarming deterioration of the situation of human rights defenders, particularly in the North Caucasus,

E.

whereas the work of human rights organisations such as Memorial and Demos is essential for the creation of a stable and free society; whereas the Russian Government should therefore be proud of the important role played by such institutions,

F.

whereas the human rights lawyer Stanislav Markelov, who had also represented the assassinated journalist Anna Politkovskaya, was assassinated on 20 January 2009 together with the journalist Anastasia Barburova, who died trying to protect Mr Markelov,

G.

whereas on 10 July 2009, the body of human rights activist Andrei Kulagin was found in a quarry in Petrozavodsk, two months after his disappearance,

H.

whereas Natalia Estemirova, head of Memorial in Chechnya, was abducted, on 15 July 2009 in Grozny and found dead in neighbouring Ingushetia; whereas the European Parliament held a minute's silence in memory of Natalia Estemirova during its session on 16 July 2009; whereas following this murder the work of Memorial in Chechnya has been suspended,

I.

whereas a trial for defamation is due to start in September 2009 in Moscow, on the basis of a complaint lodged by Chechen President Ramzan Kadyrov against Oleg Orlov, Head of the Memorial Human Rights Centre, for slander following Mr Orlov's statement published on Memorial's website on 15 July 2009 in which he accused President Kadyrov of being involved in Natalia Estemirova's killing,

J.

whereas on 10 August 2009, Chechen civil society activists Zarema Sadulayeva and her husband, Alik Dzhabrailov, working for the humanitarian organisation ‘Save the Generation’, were abducted from their office in Grozny and found murdered the next day,

K.

whereas on 4 December 2008, the St Petersburg offices of the Research and Information Centre Memorial were raided by masked men from the Russian General Prosecutor's Office, and hard drives and CDs containing the entire database covering thousands of victims of the Stalinist repression were taken away; whereas the database was returned to Memorial following a court order,

L.

whereas on 3 September 2009 the apartment buildings where Oleg Orlov, Head of the Memorial Human Rights Centre, and his collaborator Alexander Tcherkassov, have their private homes, were inspected by government investigators pretending to work for the tax authority,

M.

whereas on 3 September 2009, two months after it ordered the retrial of three suspects acquitted in February this year, Russia's Supreme Court ordered a new investigation into the 2006 murder of Anna Politkovskaya,

N.

whereas numerous complaints have been lodged by Russian citizens at the European Court of Human Rights in Strasbourg,

1.

Unreservedly condemns and strongly deplores the harassment and attacks on the lives of human rights defenders, lawyers and journalists in Russia;

2.

Urges the Russian authorities to do everything in their power to ensure the protection of human rights defenders, as affirmed in the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms; calls in particular on the responsible authorities to create circumstances that allow Memorial and other human rights organisations to resume their activities in Chechnya in a safe environment; welcomes the return of the confiscated archive of Memorial in St Petersburg following the raid on 4 December 2008;

3.

Calls on the Russian federal authorities to swiftly, thoroughly and effectively investigate the murders cited above and bring both those responsible for and those involved in these brutal acts to justice;

4.

Stresses that the impunity in Chechnya leads to destabilisation across the whole North Caucasus region;

5.

Takes note of the July telegram from Russian President Dmitry Medvedev to the human rights organisation Memorial pledging his commitment to investigate fully the murder of Natalia Estemirova;

6.

Welcomes the initiative taken by President Medvedev to amend the NGO law with a view to easing some restrictions and registration complications for Russian NGOs, and expects substantial improvements;

7.

Welcomes the decision of the Russian Supreme Court of 3 September 2009 to launch a new investigation into the murder of Anna Politkovskaya and to treat the investigations against the three men who were acquitted in the first trial in one single case with the alleged assassin Ruslan Machmudow and those who sponsored him; calls for this trial to begin as soon as possible, to be conducted by means of a jury procedure and for the process to be open to all journalists and media;

8.

Calls for a stepping-up of the EU-Russia human rights consultations and urges that this consultation process be opened to effective input from the European Parliament, the State Duma, the Russian judicial authorities and civil society and human rights organisations; calls on Russia to respect fully its obligations as a member of the OSCE and of the Council of Europe, including respect for the right of association and the right to peaceful demonstrations; stresses its position that the protection of human rights should be a privileged item on the agenda of the next EU-Russia summit and become an integral part of the new EU-Russia agreement;

9.

Calls on the Russian authorities to comply with all the rulings of the European Court of Human Rights and to ratify Additional Protocol 14 to the European Convention for the Protection of Human Rights and Fundamental Freedoms on the reform of its control system without delay;

10.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Government and Parliament of the Russian Federation, the OSCE and the Council of Europe.

19.8.2010   

EN

Official Journal of the European Union

CE 224/30

A.

whereas relations and cooperation between the EU and the Republic of Kazakhstan are steadily growing at all levels; whereas Kazakhstan plays a crucial role with regard to the stability and security of Central Asia and the economic development of the region as a whole,

B.

whereas Kazakhstan will, in 2010, take over the chairmanship of the Organization for Security and Cooperation in Europe (OSCE); whereas that position will give the country a higher profile and more responsibility in the fields of democracy and human rights; whereas the OSCE has urged Kazakhstan to deepen democratic reforms before taking over the chairmanship,

C.

whereas, in spite of that important international task, Kazakhstan's internal situation has been marred, over the last few months, by an increase in media restrictions and a series of controversial prosecutions,

D.

whereas on 3 September 2009 Yevgeny Zhovtis, director of the Kazakhstan International Bureau for Human Rights and the Rule of Law and prominent human rights defender, was convicted of manslaughter for hitting and killing a pedestrian with his car on 26 July 2009 and was sentenced to four years in a penal community,

E.

whereas on 27 July 2009 the police investigation was opened and Yevgeny Zhovtis was named as a witness; whereas on 28 July 2009, Yevgeny Zhovtis's status in the investigation was changed to that of a suspect, but, in contravention of Kazakh law, his legal team was not informed of that development until 14 August 2009,

F.

whereas the OSCE Office for Democratic Institutions and Human Rights has stated that ‘questionable procedures may have violated Zhovtis's right to a fair trial as guaranteed by the constitution of Kazakhstan, the country's OSCE commitments and fundamental international standards’,

G.

whereas at OSCE meetings in the past, Yevgeny Zhovtis detailed human rights abuses in his country, raising doubts about its suitability for the chairmanship of an organisation dedicated to upholding democratic principles,

H.

whereas serious concerns have been expressed in the past about the trials and subsequent imprisonment of other Kazakh human rights activists, including Ramazan Yesergepov and Sergei Duvanov,

I.

whereas in June 2008 and again in May 2009, in connection with his country's upcoming chairmanship of the OSCE, the Kazakh Foreign Minister, Marat Tazhin, pledged to strengthen and improve respect for human rights in Kazakhstan,

J.

whereas Article 2 of the EU-Kazakhstan Partnership and Cooperation Agreement requires respect to be shown for democracy, the principles of international law and human rights,

1.

While not questioning the independence of the judicial system, which is a key element of any democracy, expresses great concern about the conduct of the investigation into the unfortunate traffic accident and of Yevgeny Zhovtis's subsequent trial, and draws attention to allegation that evidence in his defence was not allowed during the trial;

2.

Calls on the Kazakh authorities to carry out immediately and with full respect for transparency and the rule of law a second full and fair investigation into the circumstances surrounding the accident, and to review Yevgeny Zhovtis's conviction and sentence accordingly;

3.

Urges the Kazakh authorities to provide official details about the case of Yevgeny Zhovtis and to ensure due process, including the right to appeal in line with Kazakh law;

4.

Draws attention to the strong reservations voiced by human rights organisations about the Kazakh Government's real commitment to progress when the decision to give the country the chairmanship of the OSCE was announced in 2007, and expects the Kazakh authorities to make every effort to make tangible progress in improving democratisation and human rights before taking over the chairmanship of the OSCE;

5.

Calls on the Commission, in this connection, to increase EU assistance to and cooperation with Kazakhstan in those fields, in order better to prepare the Kazakh Government to take up its important international task;

6.

Urges the Council to take a firm stance in raising this case with the Kazakh authorities and, in particular, to address Yevgeny Zhovtis's case within the framework of the EU-Kazakhstan human rights dialogue, the second round of which is scheduled for 21 October 2009, and the EU-Kazakhstan Cooperation Council meeting in mid-November 2009;

7.

Urges the Commission to reinforce its projects and programmes in Kazakhstan under the European Instrument for Democracy and Human Rights;

8.

Instructs its President to forward this resolution to the Council, the Commission, the UN Secretary-General, the EU Special Representative for Central Asia, the Organization for Security and Cooperation in Europe, the Council of Europe and the parliament, government and President of Kazakhstan.

19.8.2010   

EN

Official Journal of the European Union

CE 224/32

A.

mindful of the importance of the political, economic and cultural ties that exist between the European Union and Syria; whereas Syria has an important role to play in finding lasting peace and stability in the Middle East; whereas positive events occurred in this regard which provide a basis for the re-launching of efforts aimed at concluding the Association Agreement,

B.

whereas the Association Agreement between the European Community and its Member States, of the one part, and the Syrian Arab Republic, of the other part, is still to be signed and ratified; whereas Article 2 of this Agreement stipulates that respect for human rights and democratic principles guide the internal and international policy of the parties and constitute an essential element of the Agreement,

C.

whereas Muhannad al-Hassani, a leading human rights lawyer and President of the Syrian Human Rights Organisation (Swasiah), was arrested by the Syrian authorities on 28 July 2009; whereas he was referred to the Justice Palace in Damascus, where he was interrogated and formally charged with ‘weakening national sentiments’ and ‘spreading false news’ in a closed session to which his lawyer was not allowed access,

D.

whereas Muhannad al-Hassani was involved in the monitoring of detention conditions in Syria and notably of legal practices of the Supreme State Security Court, where trials fall short of international standards according to Human Rights Watch's report of February 2009; whereas he had been interrogated on several occasions before the arrest, these interrogations focusing mainly on his actions in the field of human rights and the defence of political prisoners,

E.

whereas Parliament and its President have already intervened several times to obtain the release of human rights defenders, parliamentarians and other politicians detained in Syrian prisons, including Michel Kilo and Mahmoud Issa; whereas Parliament welcomes all successful initiatives taken by Syrian and international actors aimed at releasing human rights defenders,

F.

whereas the Emergency Law in force since 1963 is effectively limiting citizens in the exercise of their civil and political rights; whereas the Syrian authorities have previously prevented Mr Muhannad al-Hassani and other human rights lawyers from travelling abroad in order to take part in human rights events and training seminars; whereas this is a well-established pattern used by the Syrian authorities to harass and punish human rights defenders,

1.

Expresses its deepest concern about Mr al-Hassani's detention, which seems to aim at sanctioning his human rights activities, especially regarding the monitoring of the Supreme State Security Court and detention conditions in Syria;

2.

Calls on the Syrian authorities to release Mr Muhannad al-Hassani immediately and to guarantee in all circumstances his physical and psychological integrity;

3.

Expresses its deepest concern at the significant repression human rights defenders in Syria still have to face and the absence of progress in respect for human rights by Syrian authorities; is confident that Syria, which could play an important role of pacification in the region, will improve and support human rights and freedom of expression in the country;

4.

Calls on the Syrian authorities to put an end to this policy of persecution and harassment of human rights defenders and their families and to release immediately all prisoners of conscience, human rights defenders, including Anwar al-Bunni and Kamal Labwani, and peace activists;

5.

Calls on the Syrian authorities to ensure the transparent functioning of the judicial system, with special regard to the Supreme State Security Court;

6.

Urges the Syrian authorities to comply strictly with the above-mentioned UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and other pertinent international documents and standards to ensure that detainees in Syrian prisons:

7.

States once again its conviction that the promotion of human rights is one of the pillars upholding EU-Syria relations; welcomes the continuing dialogue between the European Union and Syria and hopes that the continuous efforts will lead to improvements not only in the economic and social situation in Syria but also politically and in the field of human rights; calls on the Swedish Presidency, the Council and the Commission to adopt a roadmap, prior to the signing of the Association Agreement, which clearly articulates the specific human rights improvements it expects from the Syrian authorities;

8.

Instructs its President to forward this resolution to the Council, the Commission, and the Government and Parliament of the Syrian Arab Republic.

19.8.2010   

EN

Official Journal of the European Union

CE 224/34

1.

Decides that the numerical strength of the committees shall be as follows:

2.

Decides, with reference to the decision of the Conference of Presidents of 9 July 2009 relating to the composition of Committee Bureaux, that the Committee Bureaux may consist of up to four vice-chairs;

3.

Instructs its President to forward this decision to the Council and Commission, for information.

19.8.2010   

EN

Official Journal of the European Union

CE 224/36

1.

Decides that the numerical strength of the interparliamentary delegations shall be as follows:

2.

Instructs its President to forward this decision to the Council and the Commission, for information.

19.8.2010   

EN

Official Journal of the European Union

CE 224/39

1.

Approves the appointment of Algirdas Šemeta as a Member of the Commission for the remainder of the Commission's term of office, until 31 October 2009;

2.

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

19.8.2010   

EN

Official Journal of the European Union

CE 224/40

1.

Approves the appointment of Paweł Samecki as a Member of the Commission for the remainder of the Commission's term of office, until 31 October 2009;

2.

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

19.8.2010   

EN

Official Journal of the European Union

CE 224/41

1.

Approves the appointment of Karel De Gucht as a Member of the Commission for the remainder of the Commission's term of office, until 31 October 2009;

2.

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

19.8.2010   

EN

Official Journal of the European Union

CE 224/42

1.

Approves the conclusion of the agreement;

2.

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

19.8.2010   

EN

Official Journal of the European Union

CE 224/43

1.

Approves the conclusion of the Protocol amending the agreement;

2.

Instructs its President to forward its position to the Council and to the Commission and to the governments and parliaments of the Member States and the People's Republic of China.

19.8.2010   

EN

Official Journal of the European Union

CE 224/44

1.

Approves the decision annexed to this resolution;

2.

Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;

3.

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

19.8.2010   

EN

Official Journal of the European Union

CE 224/46

A.

whereas the European Union has set up the appropriate legislative and budgetary instruments to provide additional support to workers who suffer from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market,

B.

whereas the Union's financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 17 May 2006 in respect of the adoption of decisions to mobilise the Fund,

C.

whereas Spain and Portugal have requested assistance in respect of cases concerning redundancies in the textiles sector, respectively in the regions of Cataluña (3) and Norte-Centro (4) and have fulfilled the eligibility criteria set up by the EGF Regulation,

1.

Requests the institutions involved to make the necessary efforts to accelerate the mobilisation of the Fund;

2.

Stresses that the European Union should use all its means to face the consequences of the global economic and financial crisis; notes, in this respect, that the EGF can play a crucial role in the reintegration of workers made redundant into the labour market;

3.

Recalls that the mobilisation of the EGF in payment appropriations should not jeopardise the funding of the European Social Fund; expresses some doubts about whether complementarity with other existing instruments like the European Social Fund is guaranteed;

4.

Undertakes to evaluate the functioning and added value of the EGF in the context of the general assessment of the programmes and other various instruments created by the IIA of 17 May 2006, within the process of the 2007-2013 multiannual financial framework budget review;

5.

Approves the decision annexed to this resolution;

6.

Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;

7.

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

19.8.2010   

EN

Official Journal of the European Union

CE 224/48

A.

whereas the Preliminary draft amending budget No 6 to the budget for 2009 covers the revision of the forecast of Traditional Own Resources, VAT and GNI bases, the budgeting of the relevant UK corrections as well as their financing and the revision of financing of GNI reductions in favour of the Netherlands and Sweden in 2009,

B.

whereas the purpose of Draft amending budget No 6/2009 is to formally enter these budgetary adjustments into the 2009 budget,

1.

Approves Draft amending budget No 6/2009 unamended;

2.

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

19.8.2010   

EN

Official Journal of the European Union

CE 224/49

A.

whereas Draft amending budget No 7 to the general budget 2009 covers the Mobilisation of the EU Solidarity Fund for an amount of EUR 109,4 million in commitment and payment appropriations relating to the effects of the storm that hit France in January 2009,

B.

whereas the purpose of Draft amending budget No 7/2009 is to formally enter this budgetary adjustment into the 2009 budget,

1.

Takes note of Preliminary draft amending budget No 7/2009, which is the fourth amending budget solely dedicated to the EU Solidarity Fund;

2.

Takes note that the funding of the EU Solidarity Fund will be provided by Chapter 1 4 of the Revenue of the General Budget for the European Communities, concerning the Own Resources Based on Gross National Income pursuant to Article 2(1)(c) of Decision 2007/436/EC, Euratom to finance Chapter 13 06 of the 2009 Budget concerning the Solidarity Fund;

3.

Approves Draft amending budget No 7/2009 unamended;

4.

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

19.8.2010   

EN

Official Journal of the European Union

CE 224/51

A.

whereas Draft amending budget No 8 to the general budget 2009 covers:

B.

whereas the purpose of Draft amending budget No 8/2009 is to formally enter these budgetary adjustments into the 2009 budget,

1.

approves Draft amending budget No 8/2009 unamended following the results of the trialogue of 1 September 2009 (4);

2.

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

19.8.2010   

EN

Official Journal of the European Union

CE 224/53

1.

Approves the Commission proposal as amended;

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.

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

4.

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

5.

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

19.8.2010   

EN

Official Journal of the European Union

CE 224/54

1.

Approves the Commission proposal;

2.

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

3.

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

4.

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

19.8.2010   

EN

Official Journal of the European Union

CE 224/55

1.

Gives its assent to conclusion of the agreement;

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and the Republic of Tajikistan.