7.10.2010   

EN

Official Journal of the European Union

CE 271/1

A.

whereas Parliament has not concluded its examination of the Commission's proposals regarding the microfinance facility; whereas the Commission should refrain from adopting the specific measures concerning the financial allocation of Progress until the legislative process on the microfinance facility is concluded,

1.

Opposes the adoption of the draft Progress annual plan of work for 2010 and the list of activities by policy section proposed by the Commission;

2.

Considers that the draft annual plan exceeds the implementing powers provided for in Decision 1999/468/EC;

3.

Calls on the Commission to withdraw the draft annual plan and to submit a new one to the committee as soon as the European Parliament, Council and Commission have reached an agreement on the Commission's proposal on the microfinance facility (COM(2009)0333) and on its proposal amending Decision 1672/2006/EC (COM(2009)0340);

4.

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

7.10.2010   

EN

Official Journal of the European Union

CE 271/2

A.

whereas relations between the EU and Russia have been steadily developing over the past decade, leading to deep and comprehensive economic integration and interdependence, which is bound to increase even more in the future,

B.

whereas the conclusion of a new general cooperation agreement between the EU and Russia, the sixth round of negotiations for which took place in early October 2009, with the next round scheduled for mid-December 2009, remains of the utmost importance for the further development and intensification of cooperation between the two partners,

C.

whereas the EU and Russia, which is a member of the UN Security Council, share a responsibility for maintaining global stability, and whereas enhanced cooperation and good-neighbourly relations between the EU and Russia are of particular importance for the stability, security and prosperity of Europe,

D.

whereas the accession of Russia to the World Trade Organisation (WTO) would make a substantial contribution to the further improvement of economic relations between the EU and Russia, subject to a binding commitment on Russia's part to full compliance with and implementation of WTO commitments and obligations, and would pave the way for a deep and comprehensive economic integration agreement between the two partners, based on genuine reciprocity,

E.

whereas security of energy supplies represents one of the biggest challenges facing Europe and one of the major areas of cooperation with Russia; whereas joint efforts are needed to make full and efficient use of energy transmission systems, both those which already exist and those to be further developed; whereas the recent decision by Russia to withdraw its signature from the Energy Charter Treaty (ECT) further complicates relations in this area and raises concerns regarding the ongoing energy dialogue and future developments; and whereas the EU's heavy dependence on fossil fuels imported from Russia risks undermining the development of a balanced, coherent and value-driven European approach to Russia,

F.

whereas it is of the utmost importance for the EU to speak with one voice, show strong internal solidarity, adopt a common position and refrain from acceding to the Russian offers to step up bilateral relations with willing Member States; whereas the EU's relations with Russia should be based on mutual interests and common values,

G.

whereas there is still serious concern about developments in Russia with regard to democracy, human rights, the independence of the judiciary, increased state control of the media, the inability of the police and judicial authorities to find those responsible for the murders of journalists and human rights defenders, the repressive measures taken against the opposition, the selective application of the law by the authorities and the fairness of elections, including the regional and local elections held on 11 October 2009; whereas the Russian Federation is a full member of the Council of Europe and the Organisation for Security and Cooperation in Europe (OSCE) and has therefore committed itself to the principles of democracy and respect for human rights; and whereas the European Parliament's 2009 Sakharov Prize for Freedom of Thought has been awarded to the Russian civil rights defence organisation Memorial and its representatives,

H.

whereas the EU and Russia could and should together play an active role in establishing peace and stability on the European continent, in particular in the common neighbourhood, and work together to achieve a peaceful settlement under international law of the conflicts between Russia and Georgia and its breakaway regions South Ossetia and Abkhazia and those in Nagorno-Karabakh and Transnistria; whereas Russia should fully respect its neighbouring countries' right to political and economic self-determination,

I.

whereas on 19 October 2009 Russia and the US resumed talks in Geneva on the drafting of a new agreement to succeed the Strategic Arms Reduction Treaty (START), marking the first tangible step in the thaw in US-Russia relations announced by the Obama Administration; whereas on 23 October 2009 US Defense Secretary Robert Gates told a news conference held following the NATO ministerial meeting in Bratislava that the Russian radar stations in Gabala and Armavir, which Russia was proposing for joint use, could prove a real asset to the overall missile defence system for Europe that the US is currently establishing, thereby opening up the prospect of the US, NATO and Russia becoming partners in building a joint missile defence system; and whereas from 18 September to 5 October 2009 Russia and Belarus held strategic manoeuvres which were consistent with the procedures laid down in the OSCE Vienna Document of 1999, but gave rise to serious concerns about their compliance with the spirit of good cooperation and mutual respect between Russia and the European Union,

1.

Reaffirms its belief that Russia remains one of the European Union's most important partners in building sustainable cooperation, sharing not only economic and trade interests but also the objective of acting closely together at global level as well as in the common neighbourhood, on the basis of international law;

2.

Notes that the Summit in Stockholm will focus on broad economic cooperation, particularly as regards the effects of the financial and economic crisis and methods to curb them, and on the preparations for the Copenhagen climate change conference in December 2009, energy and energy security aspects, the discussions on further visa liberalisation and progress in the negotiations for the new bilateral strengthened cooperation agreement, as well as tackling a range of international issues, such as Iran’s nuclear programme and the Middle East peace process;

3.

Expresses its support for developing future relations with Russia in a pragmatic way, focusing on the ongoing cooperation based on the Four Common Spaces, the negotiations on a new general cooperation agreement and the implementation of commitments and agreements made so far; but reiterates its strong support for a new agreement going beyond purely economic cooperation and also encompassing the areas of democracy, the rule of law, and respect for human and fundamental rights;

4.

Reiterates its support for the objective of Russia’s accession to the WTO, which will create a level playing field for the business communities on both sides and greatly help Russian efforts to build a modern, diversified, high-technology economy; calls on Russia to take the necessary steps to remove the remaining obstacles to the accession process, namely Russian export duties, the level of railway fees for goods in transit through Russia, road charges on goods vehicles and the restrictions on imports of meat, milk and plant products, following which the EU should open discussions on a free-trade agreement with the Russian Federation; looks forward to the implementation of more effective policies on several outstanding issues, such as intellectual property rights, radioactive waste, nuclear safety, work permits for EU citizens, etc.; stresses the need for the Russian authorities to ensure that no discriminatory practices whatsoever are employed vis-à-vis EU trading partners and investors and to reconsider the measures taken to tackle the economic crisis, in accordance with the undertaking given at the recent G20 Summit; deplores the fact that Russia is still not honouring its commitment to phase out Siberian overflight payments and calls on Russia to sign the agreement reached on this issue at the summit in Samara in 2007; welcomes, in this context, the recent decision by Russia, Belarus and Kazakhstan to abandon their attempt to join the WTO as a single customs union, which could have added years to the negotiations;

5.

Notes with interest the ongoing dialogue between the European Union and Russia on further visa liberalisation; calls for further cooperation on illegal immigration, improved controls at cross-border checkpoints and information exchange on terrorism and organised crime; emphasises that the Council and Commission must ensure that Russia complies with all the conditions set out in any negotiated agreement on the abolition of visas for travel between the two sides, so as to prevent any breach of security in Europe; stresses, in this context, the importance of people-to-people contacts and their beneficial effect on the development of EU-Russia relations;

6.

Calls on the Council and Commission to redouble their efforts to solve the problems at EU-Russia border crossings, to become involved in concrete projects and to make full use of the new Neighbourhood and Partnership Instrument and funds of the Interreg Community Initiative for cross-border cooperation;

7.

Looks forward to the signing between the European Union and Russia of an agreement on the establishment of an early-warning mechanism on energy security covering notification, consultation and implementation, and calls on the Swedish Presidency and on the Commission to work with the Russian authorities, Gazprom, the Ukrainian authorities and Naftohaz Ukrainy in order to avoid any repetition of the supply shut-offs that have occurred in recent years;

8.

Underlines the mutual importance of energy cooperation for Russia and the EU, given that it represents a potential opportunity for further trade and economic cooperation between them; stresses that the principles of interdependence and transparency should form the basis of such cooperation, together with equal access to markets, infrastructure and investment; asks the Swedish Presidency, the Council and the Commission to use the Summit to point out clearly to the Russian side the increased internal energy solidarity measures the Union is taking and the long-term, mutually negative consequences which energy-supply problems might create; calls on Russia swiftly to incorporate international best practices on transparency and public accountability into national legislation and to sign the Espoo Convention of 1991 (on Environmental Impact Assessment in a Transboundary Context);

9.

Calls on the Council and Commission to ensure that the principles of the ECT and the Transit Protocol annexed thereto are included in the new PCA between the EU and Russia;

10.

Stresses that developing infrastructure links between the EU and the Russian Federation is mutually beneficial and therefore should be encouraged and based on minimising economic and environmental costs; strongly encourages Russia to adhere, in energy cooperation projects with the EU, to the fundamental principles formulated in the ECT;

11.

Recognises that if we are to have a 50-50 chance of restricting climate change to +2 °C industrialised country emissions need to be reduced by at least 80-95 % by 2050 as against 1990 levels; underlines the specific responsibility of developed countries to take the lead in reducing emissions and considers that aggregate reductions by industrialised countries at the high end of the 25-40 % range recommended by the Intergovernmental Panel on Climate Change (IPCC) by 2020 are necessary; in this context, considers that all the industrialised countries need to adopt targets that require ambitious reductions from current emissions levels and calls on Russia to reconsider its request for a growing emissions target, in keeping with its large mitigation potential and the IPCC recommendations, with a view to facilitating a swift agreement in Copenhagen;

12.

Stresses the need for Russia to lend its full support to binding post-Kyoto climate-change targets; calls on the Presidency, the Council and the Commission to work intensively with the Russian side in order to secure at the Copenhagen Climate Change Conference in December 2009 an ambitious and comprehensive global agreement that will prevent global warming from reaching dangerous levels;

13.

Underlines the importance of continuous exchanges of views on human rights with Russia as part of the EU-Russia Human Rights Consultations, with a focus on the steps taken by the Russian authorities with the aim of ensuring the safety of human rights defenders and media freedom, and calls for an improvement in the format of these meetings in order to enhance their effectiveness, with special attention being paid to joint action against racism and xenophobia, and for this process to be opened up to effective input from the European Parliament, the Duma and human rights NGOs, whether the dialogue takes place in Russia or in an EU Member State; insists that the safeguarding of human rights should be a key item on the agenda for the EU-Russia Summit and an integral part of the new EU-Russia cooperation agreement; reiterates its call to ensure that the murderers of Natalia Estemirova, Andrei Kulagin, Zarema Sadulayeva, Alik Dzhabrailov, Maksharip Aushev, Stanislav Markelov, Anastasiya Baburova and Anna Politkovskaya are found and brought to justice;

14.

Urges the Council and Commission to pay the utmost attention to the ongoing second trial of former Yukos Oil chief Mikhail Khodorkovsky, which is already replete with severe due process violations; calls on the Russian authorities to combat arbitrariness, to respect the rule of law and not to use the judiciary as a political tool;

15.

Condemns the brutal assassination of Maksharip Aushev, a popular human rights activist and opposition figure who was shot dead in Ingushetia; calls in particular on the Russian authorities to adopt preventive protective measures as regards human rights defenders, such as starting investigations as soon as threats faced by them are known to the prosecutor and the judicial system;

16.

Calls on the Russian authorities to comply with all the rulings of the European Court of Human Rights and to ratify the protocol on the reform of this body as soon as possible; looks to the Duma to ratify Additional Protocol 14 to the European Convention on Human Rights;

17.

Calls on the Swedish Presidency, the Council and the Commission to use the Summit to clearly express the EU’s concern on a range of international issues where Russia's constructive cooperation is crucial, due to its position in international politics, and on the need for increased cooperation in dealing with Iran, Afghanistan, the Middle East and other crucial issues on the international agenda;

18.

Calls on the Council and Commission to pursue joint initiatives with the Russian Government aimed at strengthening security and stability in the world and, in particular, in the common neighbourhood and at achieving a peaceful settlement under international law of the conflicts in Nagorno-Karabakh and Transnistria and, above all, that between Russia and Georgia and its breakaway regions South Ossetia and Abkhazia;

19.

Welcomes, in this context, the achievements of the European Union Monitoring Mission (EUMM), which has demonstrated the EU's willingness and ability to act resolutely to promote peace and stability and helped to create the necessary conditions for the implementation of the ceasefire agreements of 12 August and 8 September 2008; reiterates its commitment to Georgia's territorial integrity and calls on all the parties fully to honour their commitments; points out that EUMM has a country-wide mandate and calls for it to be granted unhindered access to Abkhazia and South Ossetia, which it has so far been denied; reaffirms its full commitment to the Geneva talks and the continued co-chairmanship of this forum by the EU, the UN and the OSCE;

20.

Calls on the EU and Russia to continue their efforts to achieve progress in the Middle East peace process and to find a solution to the Iranian nuclear issue, particularly following the understanding – reached at Geneva on 1 October 2009 between Iran and the US, Russia, China, Germany, France and Britain – on the fuel plan and the UN monitoring of the newly disclosed enrichment site under construction;

21.

Is very concerned about the ramifications for international security following the Duma's adoption of amendments to the law ‘On Defence’ submitted by the President of Russia, which state that Russia can use military force in operations outside its borders for the purposes of countering an attack against Russian forces or other troops deployed beyond Russia’s borders, to counter or prevent aggression against another country or to protect Russian citizens abroad, the latter being particularly controversial when Russia is pursuing a policy of illegally issuing passports in frozen conflict territories and in Ukraine’s Crimea;

22.

Calls on the Presidency to express the EU's support for the talks between Russia and the US on a new agreement to succeed START and for the initiatives aimed at building a joint missile defence system between the US, Russia and NATO; expresses its optimism that a START deal might be reached by the end of 2009;

23.

Urges the Governments of both the US and Russia to fully involve the European Union and its Member States in the discussions concerning developments on the missile defence shield, including missile risk evaluation, contributing in this way to peace and stability in the world and particularly in Europe;

24.

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 Council of Europe and the Organisation for Security and Cooperation in Europe.

7.10.2010   

EN

Official Journal of the European Union

CE 271/7

A.

whereas neurodegenerative diseases such as Alzheimer's and Parkinson's disease are major contributors to long-term disability, affecting more than seven million citizens of the European Union, a number that will probably double in the coming decades as a result of the ageing of the population,

B.

whereas no cures are currently available for neurodegenerative diseases and knowledge about prevention, treatment, and identification of risk factors is very limited,

C.

whereas the cost of dementia disorders in the EU-25 in 2005 was estimated at EUR 130 billion, or an average of approximately EUR 21 000 per year per person affected by dementia; whereas that average includes direct costs and costs incurred as a result of informal care,

D.

whereas Alzheimer's and Parkinson's disease and related forms of dementia are being studied from multiple perspectives and in different areas of research, which may contribute to a further fragmentation of research activities,

E.

whereas most of the research effort in the field of neurodegenerative diseases is carried out by Member States, with a relatively low level of transnational coordination, leading to fragmentation and limited sharing of knowledge and best practices among Member States,

1.

Welcomes the proposed pilot project for joint programming of research activities in the field of neurodegenerative diseases; believes that joint programming could be highly valuable in reducing fragmentation of the research effort, leading as it would to a pooling of a critical mass of skills, knowledge and financial resources;

2.

Considers neurodegenerative diseases such as Alzheimer's and Parkinson's disease to be one of the European Union's greatest challenges in mental health and takes the view that the fight against Alzheimer's and Parkinson's disease must therefore respond to a dual challenge: providing care for an increasing number of patients on a day-to-day basis and securing more resources so that the number of patients steadily decreases in the future; therefore supports the adoption of the proposed Council Recommendation;

3.

Underlines the need to step up efforts urgently to address the effects of neurodegenerative diseases, in particular Alzheimer's and Parkinson's disease, at a social and public-health level, in the context of an ageing European population and with a view to ensuring the future sustainability of national health systems;

4.

Encourages all the Member States to engage actively in the definition, development and implementation of a common research agenda in the field of neurodegenerative diseases;

5.

Calls on the Member States to improve epidemiological data on Alzheimer's, Parkinson's disease and other forms of dementia, in particular in asymptomatic phases and before the onset of incapacity;

6.

Points to the importance of a multidisciplinary approach to research in this field, encompassing diagnosis, treatment, prevention, and social research into the welfare of patients and their families and carers; believes that early diagnostic tests, research into risk factors (such as the environment) and criteria for early diagnosis are crucial; this being the case, sees clear added value in conducting large-scale epidemiological and clinical studies in transnational collaboration;

7.

Believes that research programmes should concentrate, as a priority, on prevention, biomarkers (including susceptibility genetics), methods of diagnostic imaging, early diagnosis methods based on a multidisciplinary approach, standardisation of criteria and diagnostic tools and the creation of broad-based databases that can be used for population studies, treatment strategies and clinical studies of new chemical and biological substances, vaccines and technologies;

8.

Points to the importance of research into the connection between the ageing process and dementia and between dementia and depression in the elderly; encourages Member States, furthermore, to promote research programmes that give great importance to patient choice and perspective;

9.

Encourages the Council to build on existing structures when setting up the pilot project for joint programming of research activities, avoiding the creation of new bureaucratic structures, and to collaborate where possible with industry in order to benefit from all available resources and experience, while ensuring independence and autonomy;

10.

Encourages the Commission and the Council to include the problems of dementia in all existing und upcoming European Union initiatives related to disease prevention, particularly in connection with early diagnosis, cardiovascular health and physical activity;

11.

Considers it important that the Commission should adopt a recommendation inviting Member States to inform the public about lifestyle changes that can delay and prevent the onset of neurodegenerative diseases, in particular Alzheimer's and Parkinson's disease, and to promote ‘brain-healthy lifestyles’;

12.

Suggests that the Council and the Commission consider launching a European Year of the Brain in order to raise awareness of age-related neurodegenerative diseases and measures to prevent them;

13.

Calls on the Council to involve representatives of patient and carer organisations and healthcare providers appropriately in the pilot project for joint programming of research activities;

14.

Calls on the Council to inform Parliament of the progress and results relating to the pilot project;

15.

Calls on the Commission to involve Parliament properly in any decision to support the pilot project and any future joint programming initiative in the field of research with funding from the Seventh Framework Programme for Research and Development (FP7);

16.

Believes that Article 182(5) of the Treaty on the Functioning of the European Union, as inserted by the Treaty of Lisbon, which establishes measures necessary for the implementation of the European research area, could provide a more appropriate legal basis for future joint programming initiatives in the field of research; calls on the Commission to consider seriously using Article 182(5) as a legal basis for all future proposals for joint programming of research activities;

17.

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

7.10.2010   

EN

Official Journal of the European Union

CE 271/9

A.

whereas the annual report on the European Ombudsman's activities in 2008 was formally submitted to the President of Parliament on 21 April 2009 and whereas the Ombudsman, Mr Nikiforos Diamandouros, presented the report to the Committee on Petitions in Strasbourg on 14 September 2009,

B.

whereas Article 41 of the Charter of Fundamental Rights (2007 version) states: ‘Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union’,

C.

whereas Article 43 of the Charter (2007 version) states: ‘Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role’,

D.

whereas it is essential that the European institutions and bodies make full use of the necessary resources in order to fulfil their obligation to ensure that citizens receive prompt and substantive responses to their enquiries, complaints and petitions,

E.

whereas, although eight years have passed since the adoption of Parliament's resolution of 6 September 2001 (3) approving the Ombudsman's Code of Good Administrative Behaviour, the other main institutions have not yet fully complied with Parliament's request that they bring their practice into line with the provisions of that code,

F.

whereas the Ombudsman registered 3 406 complaints in 2008, compared to 3 211 in 2007, and whereas 802 complaints, compared to 870 in 2007, were found to be within the Ombudsman's mandate,

G.

whereas the findings of the 355 completed inquiries, of which 352 were linked to complaints and three were own-initiative investigations, show that in 110 cases (corresponding to 31 % of the complaints investigated) no maladministration was ascertained,

H.

whereas in 129 cases (36 % of the total) closed in 2008, the institution concerned accepted a friendly solution or settled the matter, which shows a strong willingness on the part of the institutions and bodies to see complaints to the Ombudsman as an opportunity to remedy mistakes that have occurred and to cooperate with the Ombudsman for the benefit of citizens,

I.

whereas four cases were closed in 2008 after an amicable resolution had been achieved and whereas, at the end of 2008, 25 proposals for amicable solutions were still under consideration,

J.

whereas the most common allegation of maladministration dealt with by the Ombudsman in 2008 was lack of transparency (in 36 % of inquiries opened),

K.

whereas in 2008 the Ombudsman increasingly made use of more informal procedures aimed at the prompt resolution of complaints, which proves the extent to which the Ombudsman is respected and demonstrates the institutions' readiness to help citizens,

L.

whereas in 2008 the Ombudsman closed 44 inquiries with critical remarks, and whereas a critical remark confirms to the complainant that his or her complaint is justified and indicates to the institution or body concerned what it has done wrong, so as to help it avoid maladministration in the future,

M.

whereas it is with a view to improving the EU institutions' performance in the future that the Ombudsman has made increasing use of further remarks by which he identifies an opportunity to enhance the quality of the administration, and whereas further remarks were made in a total of 41 cases in 2008,

N.

whereas 23 draft recommendations were issued in 2008, of which eight were accepted by the institution concerned, and whereas four draft recommendations from 2007 led to a decision in 2008,

O.

whereas one case of maladministration led to a special report to the European Parliament in 2008, and whereas submitting a special report to Parliament represents a valuable means by which the Ombudsman can seek the political support of Parliament and its Committee on Petitions in order to bring satisfaction to citizens whose rights have been infringed, as well as promoting the improvement of standards of EU administration,

P.

whereas neither the critical remarks contained in decisions closing irremediable cases of maladministration, nor recommendations or special reports by the Ombudsman, have binding effect, as his powers do not extend to directly remedying instances of maladministration but are intended to encourage self-regulation on the part of the European Union's institutions and bodies,

Q.

whereas, since the entry into force of the Treaty of Nice, Parliament has enjoyed the same right as the Member States, the Council and the Commission to bring an action before the Court of Justice of the European Communities on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the EC Treaty or of any rule of law relating to its application, or misuse of powers,

R.

whereas the critical comments regarding maladministration voiced by the Ombudsman in the 2008 report (critical remarks, draft recommendations and special report) may serve as a basis for avoiding a repetition of errors and malfunctions in future by the implementation of appropriate measures by the institutions and other bodies of the European Union,

S.

whereas the cooperation established by the Ombudsman within the European Network of Ombudsmen has functioned for over ten years as a flexible system for exchanging information and best practice and as a means of re-directing complainants to the ombudsmen or other similar bodies most able to assist them,

T.

whereas the role of the Ombudsman in protecting the interests of EU citizens in the face of the institutions and bodies of the European Union has evolved in the 14 years since the office was created, thanks to the Ombudsman's independence and Parliament's democratic scrutiny of the transparency of his activities,

U.

whereas the activities of the Ombudsman and of the Committee on Petitions must remain separate and – as a general rule aimed at avoiding potential conflicts as regards their respective prerogatives – should include reciprocal referral of their respective files,

1.

Approves the annual report for the year 2008 presented by the European Ombudsman and its structure, combining a summary of the year's activities with an overview of the complaints and inquiries and a thematic analysis of the Ombudsman's decisions, covering the most significant findings of law and fact contained in the Ombudsman's decisions in 2008, as well as the problems raised at various stages of the procedure;

2.

Considers that clearer presentation of the statistical data, including the new method of calculating and the new layout, has made the report more comprehensible, accessible and user-friendly;

3.

Calls for all EU institutions and bodies to be given the necessary budgetary and human resources to ensure that citizens receive prompt and substantive responses to their enquiries, complaints and petitions;

4.

Considers that the Ombudsman has continued to exercise his powers in an active and balanced way, both with regard to examining and handling complaints and conducting and concluding enquiries and with regard to maintaining constructive relations with the European Union's institutions and bodies and encouraging citizens to make use of their rights in relation to those institutions and bodies;

5.

Calls on the Ombudsman to pursue his efforts in raising awareness of his work and to promote his activities effectively and transparently;

6.

Considers that the term ‘maladministration’ should continue to be broadly interpreted so as to include not only infringements of legal rules or general principles of European administrative law, such as objectivity, proportionality and equality, non-discrimination, and respect for human rights and fundamental freedoms, but also instances where an institution fails to act consistently and in good faith, or to take into account the legitimate expectations of citizens, including when an institution has itself undertaken to respect certain norms and standards without being obliged to do so by the Treaties or secondary legislation;

7.

Regards the role of the Ombudsman in enhancing openness and accountability in the decision-making processes and administration of the European Union as an essential contribution towards a Union in which decisions are taken ‘as openly as possible and as closely as possible to the citizen’, as provided for in Article 1(2) of the Treaty on European Union;

8.

Repeats its call, expressed in previous resolutions, for all EU institutions and bodies to adopt a common approach with regard to the Code of Good Administrative Behaviour;

9.

Notes that the Code of Good Administrative Behaviour proposed by the Ombudsman, as approved by Parliament on 6 September 2001, serves as a guide and resource for the staff of all Community institutions and bodies and has been regularly updated and published on the Ombudsman's website;

10.

Welcomes the revision of the Ombudsman's Statute, in particular the Ombudsman's strengthened powers of investigation which will help to ensure that citizens can have full confidence in his ability to conduct a thorough investigation of their complaints without restrictions;

11.

Stresses the need to contribute to the public understanding of the duties of the Ombudsman by providing citizens, companies, non-governmental organisations and other entities with information, and considers that easily understood, accurate and high-quality information may help to reduce the number of complaints which do not fall within the Ombudsman's mandate;

12.

Considers that the figure in respect of inadmissible complaints remains unsatisfactory although understandable, and recommends in view of this that a continued information campaign be conducted amongst European citizens designed to raise their awareness of the functions and competence of the members of the European Network of Ombudsmen;

13.

Recognises the Ombudsman's efforts to improve the institutions' performance and his endeavours aimed at further shortening the current average length of inquiry of 13 months;

14.

Welcomes the constructive cooperation between the Ombudsman and the EU institutions and bodies and endorses him in his role of external control mechanism and, in addition, as a valuable source of ongoing improvement to European administration;

15.

Welcomes the signing on 9 July 2008 of a Memorandum of Understanding between the Ombudsman and the European Investment Bank and the agreement by the Union's agencies to adopt the European Code of Good Administrative Behaviour in their relations with citizens;

16.

Calls on the Ombudsman to maintain a watching brief and ensure that the Commission makes proper use of its discretionary powers to initiate infringement proceedings under Article 226 of the EC Treaty or to propose penalties under Article 228 of the EC Treaty, while taking scrupulous care to avoid delays or unjustifiable failure to take prompt action, which are incompatible with the Commission's powers to oversee the application of EU law, and requests that he continue to liaise with the Committee on Petitions in this connection;

17.

Reiterates its view that, if an institution refuses to follow a recommendation contained in a special report by the Ombudsman despite Parliament having approved that recommendation, Parliament could legitimately use its powers to bring an action before the Court of Justice in respect of the act or omission which was the subject of the Ombudsman's recommendation; invites the committee responsible for the Rules of Procedure to propose appropriate provisions, to be introduced into the Rules, for the initiation of such an action;

18.

Notes that the Ombudsman has presented a special report criticising the Commission for having failed adequately to justify its treatment of freelance auxiliary conference interpreters over 65 years of age, on which Parliament adopted a resolution on 5 May 2009 (4);

19.

Considers that, when the Ombudsman and the Committee on Petitions, acting within their respective mandates and competences, investigate overlapping issues, such as, respectively, the manner in which the Commission has conducted infringement proceedings and the alleged infringement itself, they can achieve a much more useful synergy through close cooperation;

20.

Welcomes the excellent relationship between the Ombudsman and the Committee on Petitions within the institutional frameworks as regards reciprocal respect of competences and prerogatives;

21.

Recognises the useful contribution made by the European Network of Ombudsmen, of which the Committee on Petitions is a member, in line with the principle of subsidiarity, in securing extra-judicial remedies; welcomes the collaboration between the European Ombudsman and ombudsmen and similar bodies at national, regional and local levels in the Member States, and urges further strengthening of the exchange of best practice, thereby allowing for the rapid spread of best practices among Member States;

22.

Welcomes the publication on the Ombudsman's website in 2008 of two studies regarding the follow-up given by the institutions concerned to critical and further remarks made in 2006 and 2007;

23.

Encourages the Ombudsman to continue to place great emphasis on events involving information for citizens and, hence, potential complainants, since it is clear that the demarcation of responsibilities and decision-making processes between the European, national and regional levels is still too confusing and hard to grasp for many citizens and businesses;

24.

Welcomes the enhanced information campaign promoted by the communications strategy adopted by the Ombudsman, which leads to greater awareness of citizens' rights and Community competences, as well as a greater understanding of the Ombudsman's sphere of competence;

25.

Notes that each institution has its own website enabling complaints, petitions, etc. to be lodged, and that this can frustrate citizens in distinguishing between the various institutions; supports, therefore, the development of an interactive manual designed to assist citizens in identifying the most suitable forum for resolving their problems;

26.

Welcomes the Ombudsman's new website as a very substantial response to this issue;

27.

Suggests that this idea be developed further, and that a common website of the European institutions be put in place to help citizens and refer them directly to the institution competent to handle their complaint, thereby reducing the number of inadmissible complaints filed with the European Ombudsman;

28.

Calls on the European Ombudsman to commit himself to directly forwarding, after obtaining the consent of the complainant concerned, each complaint that falls within the competence of a national or regional ombudsman;

29.

Instructs its President to forward this resolution to the Council, the Commission and the European Ombudsman, and to the governments and parliaments of the Member States and their ombudsmen or similar competent bodies.

7.10.2010   

EN

Official Journal of the European Union

CE 271/14

A.

whereas the TL introduces important modifications in financial and budgetary matters, notably by rendering the multiannual financial framework (MFF) a legally binding act with which the annual budget has to comply, by suppressing the distinction between compulsory and non-compulsory expenditure and by substantially simplifying the budgetary procedure,

B.

whereas these modifications render obsolete some of the provisions of the IIA and of the Financial Regulation,

C.

whereas its entry into force will thus require the rapid adoption of several legal acts necessary to put into practice the new ‘financial constitution’ of the Union, notably:

D.

whereas even if the procedures to adopt these new instruments run smoothly, they will require long negotiations and may last for several months after the entry into force of the TL,

E.

whereas in order to ensure the appropriate application of the principles of the TL, it would be advisable for the institutions to agree on some provisional guidelines allowing for the implementation of the budget, for the adoption of amending budgets if it proves indispensable to do so and on the practical modalities of interinstitutional collaboration in the framework of the budgetary procedure for 2011,

F.

whereas these transitional guidelines should be in place at the beginning of 2010,which would require them to be agreed at the budgetary conciliation before the second reading of the Council, scheduled for 19 November 2009,

G.

whereas in order to ensure that Parliament's delegation - representing one branch of the budgetary authority - has a solid position for the future negotiations it should be given clear orientations based on a mandate endorsed by Parliament,

1.

Welcomes the imminent entry into force of the TL, which will give full application to the principle of joint approval by the two branches of the budgetary authority - if necessary through the convening of the conciliation committee - of the whole annual budget; considers that this principle should sic et simpliciter be applied, with the necessary adaptations (such as a simplified form of conciliation), to all other budgetary procedures not specifically mentioned in the Treaties, such as the adoption of amending budgets and transfers;

2.

Considers it necessary for both branches of the budgetary authority to agree on transitional guidelines for the implementation of the budget, notably the approval of transfers, on the adoption of amending budgets and on principles for practical interinstitutional collaboration during the annual budgetary procedure, which would be applicable until the adoption of the legal acts necessary to ensure the implementation of the new rules introduced by the TL is complete;

3.

Stresses that conditions for agreement on these guidelines should be that the latter fully respect the institutional balance, that they entirely secure Parliament's new budgetary prerogatives under the TL (in terms of content, procedure and calendar) and that they be applied only until the relevant legal acts are adopted and enter into force;

4.

Considers that in any case transitional measures may neither diverge from the general principles set by the new Treaty nor prejudge the forthcoming legislative procedures, but that they should allow the two arms of the budgetary authority to find the necessary practical arrangements pending the adoption of the legislation;

5.

Considers that such transitional guidelines are necessary in the areas concerning the procedure for adoption of amending budgets, the approval of transfers and the definition of a pragmatic calendar and collaboration principles applicable to the annual budgetary procedure, in order to provide a framework for the cooperation between the two arms of the budgetary authority with a view to facilitating the smooth and successful running of the procedures;

6.

Recalls that amending budgets may be adopted only following the same procedure established by the treaties for the annual budgetary procedure, including the conciliation committee if necessary, except in so far as the calendar is concerned, and considers that, as for the annual budget, the budgetary authority has the right to introduce amendments on elements not known at the moment of the adoption of the budget;

7.

Stresses that the current number of amending budgets is excessive and should be reduced as much as possible, in order to comply with the conditions set out in Article 37 of the Financial Regulation in respect of their presentation; considers it desirable for the institutions to agree on some periods of the year on which amending budgets should be presented, except in very urgent circumstances;

8.

Points out that the purpose of the transitional guidelines concerning amending budgets should aim to facilitate reaching an agreement by the two branches of the budgetary authority without ruling out resorting to the conciliation committee; considers that this goal could be pursued through improving the exchange of information between the Commission and the two branches of the budgetary authority and amongst each other; stresses, however, that those guidelines must fully respect the prerogatives of Parliament concerning the budgetary procedure which applies in general to amending budgets, as mentioned above;

9.

Considers that Parliament and Council should have the possibility of expressing, on equal terms, their approval of, or opposition to, all transfers currently submitted for approval of the budgetary authority, irrespective of their nature (payments or commitments) and of their amounts, to the extent that such transfers represent a deviation from the decision of the budgetary authority; considers, therefore, that a procedure respecting the balance between the two branches of the budgetary authority, including, if necessary, a simplified form of conciliation, is the only option compatible with the TL;

10.

Considers that a possible agreement on transfers shall aim at avoiding conflicts between the two branches of the budgetary authority, which are both entitled to pronounce themselves on an equal footing, avoiding complicating usual management by the relevant services, and harmonising the calendar in order to possibly avoid the convocation of conciliation structures, without putting into question the current level of intervention of Parliament in the adoption of transfers; considers it desirable that the threshold for transfers remains constant;

11.

Considers that the TL contains sufficiently clear rules on provisional twelfths allowing for its application in case of necessity without the need for transitional guidelines on the matter;

12.

Considers that the calendar of the annual procedure should continue to allow a wide consultation of the different bodies within Parliament and respect multilingualism requirements; stresses that it is not ready to accept a reduction of the period of time available for taking its decisions;

13.

Is of the opinion that transitional guidelines on collaboration principles should aim at improving the cooperation between the institutions during the different stages of the budgetary procedure and adapting (and anticipating, if necessary) the different steps of the pragmatic calendar to the new rules on the budgetary procedure, with a view to transforming what have become purely formal meetings into genuine in-depth exchanges of views; stresses its wish, however, that a new reduced IIA on establishing sound rules on these matters be agreed between the institutions before the budgetary procedure for 2011 starts;

14.

Calls on the Commission to present as soon as possible proposals for a common understanding on these issues by the two branches of the budgetary authority along the lines of this resolution;

15.

Calls also on the Commission to present as soon as possible the appropriate proposals for the adoption of a regulation containing the MFF and for the adaptation of the Financial Regulation; stresses that these proposals constitute a single political package and should be presented and dealt with together; strongly expects that these proposals take into account the demands expressed by Parliament in its resolutions on the financial aspects of the TL and on the mid-term review;

16.

Recalls that, according to the TL, the consent of Parliament is required for the adoption of the new regulation containing the MFF and that the modifications of the Financial Regulation will fall under the ordinary legislative procedure (co-decision);

17.

Confers a mandate on the Committee on Budgets to negotiate and agree at the budgetary conciliation of November 2009 on the required transitional guidelines on the issues mentioned above within the limits and under the conditions set out in this resolution;

18.

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

7.10.2010   

EN

Official Journal of the European Union

CE 271/18

1.

Approves the Commission proposal as amended;

2.

Approves the Joint Statement by the European Parliament and the Council annexed hereto;

3.

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

4.

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

5.

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

6.

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