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ISSN 1977-091X doi:10.3000/1977091X.CE2012.199.eng |
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Official Journal of the European Union |
C 199E |
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English edition |
Information and Notices |
Volume 55 |
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Notice No |
Contents |
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I Resolutions, recommendations and opinions |
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RESOLUTIONS |
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European Parliament |
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Tuesday 8 March 2011 |
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2012/C 199E/01 |
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2012/C 199E/02 |
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2012/C 199E/03 |
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2012/C 199E/04 |
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2012/C 199E/05 |
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2012/C 199E/06 |
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2012/C 199E/07 |
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2012/C 199E/08 |
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2012/C 199E/09 |
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2012/C 199E/10 |
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Wednesday 9 March 2011 |
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2012/C 199E/11 |
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2012/C 199E/12 |
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2012/C 199E/13 |
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2012/C 199E/14 |
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2012/C 199E/15 |
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2012/C 199E/16 |
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Thursday 10 March 2011 |
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2012/C 199E/17 |
Media law in Hungary |
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2012/C 199E/18 |
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2012/C 199E/19 |
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2012/C 199E/20 |
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2012/C 199E/21 |
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2012/C 199E/22 |
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2012/C 199E/23 |
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2012/C 199E/24 |
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2012/C 199E/25 |
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II Information |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Parliament |
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Tuesday 8 March 2011 |
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2012/C 199E/26 |
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III Preparatory acts |
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EUROPEAN PARLIAMENT |
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Tuesday 8 March 2011 |
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2012/C 199E/27 |
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2012/C 199E/28 |
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Key to symbols used
(The type of procedure is determined by the legal basis proposed by the Commission.) Political amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▐. Technical corrections and adaptations by the services: new or replacement text is highlighted in italics and deletions are indicated by the symbol ║. |
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EN |
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I Resolutions, recommendations and opinions
RESOLUTIONS
European Parliament 2011-2012 SESSION Sittings of 8 to 10 March 2011 The Minutes of this session have been published in OJ C 165 E, 7.6.2011. TEXTS ADOPTED
Tuesday 8 March 2011
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7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/1 |
Tuesday 8 March 2011
General product safety and market surveillance
P7_TA(2011)0076
European Parliament resolution of 8 March 2011 on the revision of the General Product Safety Directive and market surveillance (2010/2085(INI))
2012/C 199 E/01
The European Parliament,
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having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), |
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having regard to Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (2), |
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having regard to Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (3), |
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having regard to Commission Decision 2010/15/EU of 16 December 2009 laying down guidelines for the management of the Community Rapid Information System ‘RAPEX’ established under Article 12, and of the notification procedure established under Article 11, of Directive 2001/95/EC (the General Product Safety Directive) (4), |
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having regard to the Report from the Commission to the European Parliament and to the Council on implementation of Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, (COM(2008)0905), |
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having regard to the Commission Working Document entitled ‘Revision of the General Product Safety Directive: Summary envisaged actions’, DG Health and Consumers, 18 May 2010, |
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having regard to the Roadmap entitled ‘Alignment to the New Legislative Framework (Decision No 768/2008/EC)’, DG Enterprise and Industry, 15 April 2010, |
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having regard to the Roadmap entitled ‘Review of Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (GPSD)’, DG Health and Consumers, 25 March 2010, |
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having regard to the Commission Working Paper on the relationship between the General Products Safety Directive 2001/95/EC and the market surveillance provisions of Regulation (EC) No 765/2008, DG Health and Consumers, 2 March 2010, |
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having regard to the Commission Working Document entitled ‘Revision of the General Product Safety Directive: Identification of the Key Issues’, DG Health and Consumers, 15 September 2009, |
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having regard to the briefing paper commissioned by the IMCO Committee on Market Surveillance in the Member States, published in October 2009, |
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having regard to the briefing paper commissioned by the IMCO Committee on the Revision of the General Product Safety Directive (GPSD) and Market Surveillance, published in September 2010, |
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having regard to the workshop on the Revision of the General Product Safety Directive and Market Surveillance held on 30 September 2010, |
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having regard to the EU-US-China trilateral Summit held in Shanghai on 25-26 October 2010, |
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having regard to Rule 48 of its Rules of Procedure, |
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having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on International Trade and the Committee on Industry, Research and Energy (A7-0033/2011), |
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A. |
whereas it is essential to ensure that all products placed on the EU market are safe so as to guarantee a high level of protection for consumers among others, |
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B. |
whereas the New Legislative Framework (hereinafter the NLF) was adopted in July 2008, and Regulation (EC) No 765/2008 on market surveillance has been applicable as of 1 January 2010, |
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C. |
whereas the General Product Safety Directive 2001/95/EC (hereinafter the GPSD), which establishes at Community level general safety requirements for consumer products, has to be reviewed and brought into conformity with the NLF through integration, in particular with the Regulation on market surveillance, |
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D. |
whereas the product safety and market surveillance legislative framework consists of three layers of legal acts (GPSD, NLF and sector-specific harmonisation directives), which leads to uncertainties and confusion in the internal market, |
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E. |
whereas the level of market surveillance differs considerably among Member States and a number of them fail to designate necessary resources for efficient market surveillance and interpret ‘products posing serious risk’ differently, which can create barriers to the free movement of goods; disturb competition and jeopardise consumers’ safety within the internal market, |
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F. |
whereas cooperation among market surveillance authorities and joint market surveillance actions are essential and should therefore be strengthened further and resources delegated thereto, |
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G. |
whereas regulations bring the advantages of clarity, predictability and effectiveness compared with directives, as is also stated in the Monti Report, |
Market Surveillance
Introduction
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1. |
Believes that the current legislative framework for market surveillance does not provide enough coherence and should therefore be reviewed and further coordinated; |
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2. |
Proposes that the Commission establish a common European framework for market surveillance, concerning all products on the internal market or entering the EU market; calls on the Commission to play a more active role in coordinating the activities of the European market surveillance authorities, the customs authorities and the competent authorities of the Member States; |
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3. |
Calls on Member States and the Commission to deploy adequate resources for efficient market surveillance activities; emphasises that failing market surveillance systems could generate a distortion of competition, jeopardise consumers’ safety and undermine citizens’ trust in the internal market; points out the importance of securing the external borders of the single market, in particular the major sea ports, and calls on the Commission and the Member States to take measures against illegal products from third countries; suggests that the Commission undertake a full assessment of the points of entry of products into the EU market, including an assessment of the resources needed to guarantee adequate control; |
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4. |
Calls on Member States to introduce in a coordinated manner penalties, including heavy fines, for economic operators who deliberately introduce dangerous or non-compliant products into the single market; proposes that product bans should be made public as often as possible in order to increase the visibility of border controls and market surveillance and to deter criminal market operators; |
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5. |
Calls on the Commission with the participation of market surveillance authorities and of the customs authorities to co-fund further joint market surveillance actions; |
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6. |
Emphasises the necessity of sharing best practices among the Member States; calls for joint cooperation, pooling of know-how and sharing of best practices among market surveillance authorities; recalls the importance of cooperation between customs and market surveillance authorities at the external borders to carry out appropriate checks on products entering the Community; recognises the important contribution made today by PROSAFE as regards the coordination of joint market surveillance actions and the exchange of tried and tested practices in the framework of the GPSD; therefore calls on the Commission to consider under what conditions PROSAFE could serve as platform for an extended coordination between Member States for harmonised and non-harmonised products; considers it necessary to establish a legal basis and to allocate sufficient resources to PROSAFE to carry out this task; points out that coordination through PROSAFE today is restricted by limited resources and its informal structure; |
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7. |
Calls upon the EU Member States to share product safety related inquiries and studies with other Member States; considers that the reference numbers of the products concerned should be included to facilitate product identification by other authorities, who could benefit from translating and using the information provided in the studies; calls upon Member States to allow their competent authorities to take market surveillance measures on the basis of test results or studies including those delivered by other Member States, in order to avoid duplication of work; |
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8. |
Suggests establishing offices for education on product safety e.g. in the framework of the Product Contact Points, that can facilitate training and transfer information across industries; |
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9. |
Urges the Commission to establish a public Consumer Product Safety Information Database, including a platform for complaints, if possible based on already existing regional and national systems in the Member States; takes the view that this will raise awareness of dangerous products across borders in the internal market and allow consumers to notify the competent authorities electronically of dangerous products; believes that the database could be formed by developing existing databases such as the European Market Surveillance System (ICSMS) or the Injury Database (IDB); stresses the need for the database to have a legal basis, and for reporting from the Member States to be mandatory; calls for the establishment of an accident statistics system founded on this database, from which mandatory annual reports will be published; calls for the database to be publicly accessible, while ensuring the necessary confidentiality for businesses; |
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10. |
Points out that globalisation, increased outsourcing and the growth in international trade mean that more products are being traded on markets across the world; considers that close cooperation between global regulators and other stakeholders in the area of consumer product safety is key to addressing the challenges posed by complex supply chains and the higher volume of trade; |
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11. |
Calls on the Commission to intensify international cooperation in the international Consumer Product Safety Caucus so as to exchange tried and tested practices and jointly to prevent the production in third countries of dangerous substances intended for export to the European single market; |
Revision of the GPSD
Alignment of GPSD and NLF - a new General Product Safety and Market Surveillance Regulation
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12. |
Supports the revision of the GPSD and of Regulation (EC) No 765/2008 with regard to definitions and obligations for economic operators as defined in Decision No 768/2008/EC, while avoiding the creation of unnecessary administrative burdens, especially for SMEs; considers that having one single regulation is the only way to have one single market surveillance system for all products; therefore urges the Commission to establish a single market surveillance system for all products, based on one legislative act covering both the GPSD and Regulation (EC) No 765/2008; considers that this new legislative act should be created to achieve a high level of product safety and market surveillance, clarifying the legal basis and taking into account the provisions developed more fully in the two existing legislative acts; |
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13. |
Calls for alignment between traceability requirements in the GPSD and the NLF so as to guarantee a coherent traceability system avoiding the creation of new red tape; |
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14. |
Requests the Commission to consider developing more precise criteria for evaluating safety and risks stemming from the non-compliance of products with EU legislation; |
Additional specific changes to the GPSD
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15. |
Regards it as problematic that products operated by service providers are not covered by the current GPSD, i.e. that general safety requirements apply when the product is handled by consumer on the premises of the service provider, but not if the same product is operated by the service provider; stresses the need to rectify this legal loophole; |
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16. |
Calls for the simplification of European product safety legislation, in particular as regards the Commission objectives ‘better law-making’ and ‘think small first’ as set out in the Communication ‘Towards a Single Market Act’, and urges that the provisions on Food-Imitating Products be included in the revised proposal; |
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17. |
Calls, in order to ensure the safety of the widest range of particularly vulnerable consumers, for the introduction of a reference to people with disabilities (along with the references to children and elderly people that are already present); |
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18. |
Calls on the Commission to include an obligation for manufacturers to carry out a risk analysis in their design phase; urges that if any risks are identified they should be documented and made available to the public authorities; |
Emergency Community measures
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19. |
Stresses the need for a more effective regulatory framework, allowing quick interventions and reliable long-term solutions, without delegating political decisions to the standardisation bodies or to the Commission in the absence of a clear set of essential policy requirements such as exists for harmonised legislation; |
Traceability
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20. |
Stresses that products posing serious risks must be permanently withdrawn or recalled from the market as quickly as possible and that traceability throughout the supply chain must be ensured, which calls for sufficient resources for the market surveillance authorities; |
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21. |
Underlines the importance of ensuring reliable traceability throughout all stages of the life of a product, while making sure that this does not lead to increased administrative burdens; |
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22. |
Underlines the importance of product traceability and tracking labels for determining the country of origin of the product and the manufacturer responsible; |
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23. |
Insists on effective enforcement of the identification procedures that are already in place; encourages the Commission to make assessments and evaluations on the use of new technologies, while considering that the usage of new technologies should be proportionate and should not endanger the privacy, security and safety of the consumer; |
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24. |
Stresses however, that no single technical solution should be imposed as the official traceability system/method within the EU market; and calls for overall proportionality; |
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25. |
Emphasises the need to improve and further strengthen RAPEX exchanges of information in respect of dangerous products from third countries (such as China and India) and for its latest studies to be evaluated; |
RAPEX
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26. |
Acknowledges that RAPEX is a useful and efficient tool for disseminating information among the Member States about the measures taken with regard to dangerous products, but believes that this tool can be further improved; |
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27. |
Calls on the Commission to allow product safety professionals, producers, trade and consumer organisations and national authorities to have access to all relevant information while ensuring the necessary confidentiality; calls on the Commission to improve awareness of RAPEX and the EU recall systems outside the EU; |
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28. |
Welcomes the new RAPEX guidelines which contribute to the improvement of the operation of RAPEX; invites the Commission to streamline the new risk assessment method with those in place for harmonised products to assist market surveillance authorities in their work; |
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29. |
Calls on the Commission to explain the classification of products as a ‘serious risk’ in RAPEX notifications; |
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30. |
Notes that consumer products placed on the European internal market are coming increasingly from third countries; is particularly concerned that each year there is an increase in RAPEX notifications relating to products of Chinese origin, accounting for more than half of RAPEX notifications, and that in 20 % of cases it appears that it is not possible to identify the manufacturers of those products; therefore calls for enhanced efforts to be made internationally and welcomes EU-China-US cooperation on product traceability strategies; welcomes any support, training and seminars organised by EU and Chinese authorities to improve product safety; underlines that there is a need for multiannual programmes to face these challenges; |
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31. |
Calls on the Commission to consider the usefulness of setting up a system similar to RAPEX – CHINA for other trading partners, in particular those whose products have been notified in the RAPEX system; |
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32. |
Requests the Commission to incorporate into RAPEX, or any other appropriate system at EU level, penalties for infringements by the Member States, in order to ensure transparency and incentives for all stakeholders; |
Online selling and customs
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33. |
Is concerned about the difficulties faced by market surveillance authorities when taking action against dangerous products sold online; |
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34. |
Welcomes the Commission’s project C2013 in the area of product safety which will produce guidelines for customs controls in the EU; urges the Commission to deliver specific tools for customs authorities to tackle the challenges of adequate controls on imported products; calls for further enhanced co-operation between enforcement authorities; |
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35. |
Recognises the increase in the number of products from third countries bought online by consumers which do not comply with European standards, thus endangering the safety and health of consumers; calls on the Commission to step up and standardise customs checks on products bought on the internet and to carry out market surveillance, paying special attention to products which can cause direct harm to consumers, such as pharmaceutical and food products; urges the Commission to study possible solutions to that problem in order to strengthen consumers’ confidence in e-commerce; |
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36. |
Calls on the Commission and Member States’ authorities to ensure proper training of officers so as to ensure better detection of products presenting a risk; urges better cooperation between customs and market surveillance authorities before products are released on to the market, which calls for a multiannual programme here as well; |
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37. |
Calls on the Commission and national competent authorities to further develop awareness-raising campaigns targeting consumers to inform them about the risk of buying counterfeited products, especially online; |
Standardisation
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38. |
Stresses the need for the market surveillance authorities to systematically participate in the process of security-relevant standard development, as this is an appropriate means of ensuring that their knowledge informs the standardisation process and of generating greater understanding for standards, thereby ensuring that the voluntary application of standards will contribute to increased consumer safety and health as well as to legal certainty by allowing the correct interpretation and application of European Standards by Member States’ authorities; |
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39. |
Calls on the Commission to increase the clarity of mandates for standards and to consider other evolutionary ways to improve and integrate national and European standardisation systems in the non-harmonised area, with the emphasis on SME participation, while retaining the main elements of the current structure; |
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40. |
Urges that the currently applicable Commission procedures for establishing mandates for the development of European standards be improved so as to guarantee timely reaction to new or emerging risks in a more efficient manner; emphasises, however, that new or amended procedures should also be subject to Parliament’s scrutiny; stresses that Parliament should also be entitled to scrutinise the procedures for taking over or applying international, non-European and other standards; |
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41. |
Calls for the European standardisation organisations and the Commission to investigate all systems potentially capable of speeding up the process of standards development, while ensuring the proper involvement of all relevant stakeholders, such as the introduction of a fast-track procedure or the possibility for the Commission of publishing references to existing European or ISO standards developed outside a Commission mandate, if such standards are deemed to provide a high level of consumer protection or to address a specific risk, as an interim measure until a permanent solution becomes available; |
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42. |
Calls for the Commission’s mandates for standardisation to be improved in order to allow the European standardisation organisations to develop European Standards fulfilling the technical requirements for which compliance with a political decision is achieved or evaluated; in this respect, considers that there is a need for better involvement and cooperation between the European Commission and the European standardisation organisations in the drafting process; bearing in mind that these organisations work on the basis of consensus, considers it crucial for the proper functioning of the system that political issues are dealt with at the policy-making level and not delegated to the European Commission, the standardisation bodies or any enforcement administrations; |
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43. |
Calls for the introduction of a procedure for formal objection to a standard, such as in Decision No 768/2008/EC, to be included in the GPSD; considers that the use of this procedure should be possible even before a standard is cited in the Official Journal of the EU, but should not be a substitute for Member States significantly increasing the involvement of their market surveillance authorities in the standardisation system; |
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44. |
Calls on the Commission and all stakeholders to guarantee the financial sustainability of the European standardisation system, including through public-private partnerships and through multiannual financial planning, since this is essential to ensure its effectiveness and efficiency; |
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45. |
Calls for the Commission to take further steps in coherence with the new legislative framework, so that the necessary revisions can be enhanced; |
*
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46. |
Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States. |
(2) OJ L 218, 13.8.2008, p. 30.
(3) OJ L 218, 13.8.2008, p. 82.
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7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/7 |
Tuesday 8 March 2011
Management of H1N1 influenza
P7_TA(2011)0077
European Parliament resolution of 8 March 2011 on evaluation of the management of H1N1 influenza in 2009-2010 in the EU (2010/2153(INI))
2012/C 199 E/02
The European Parliament,
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having regard to Article 168 of the Treaty of the Functioning of the European Union, |
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having regard to the International Health Regulations – IHR (2005) 2005 (1), |
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having regard to the Commission communication of 28 November 2005 on pandemic influenza preparedness and response planning in the European Community (COM(2005)0607), |
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having regard to the Council working document of 30 November 2007 on health security related matters (2), |
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having regard to the Council Conclusions of 16 December 2008 on health security (3), |
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having regard to the ECDC interim guidance document on ‘Use of specific pandemic influenza vaccines during the H1N1 2009 pandemic’ (4), |
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having regard to the WHO guidance document of April 2009 on pandemic influenza preparedness and response (5), |
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having regard to the Council Conclusions of 30 April 2009 (6) on Influenza A/H1N1 infection, |
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having regard to the exchange of views between the ECDC director and Parliament’s Committee on the Environment, Public Health and Food Safety, which took place on 4 September 2009, |
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having regard to the Commission communication of 15 September 2009 on Pandemic (H1N1) 2009 (7), |
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having regard to the Commission Staff Working Document of 15 September 2009 on Joint procurement of vaccine against influenza A (H1N1) (8), |
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having regard to the Commission Staff Working Document of 15 September 2009 on communicating with the public and the media on Pandemic (H1N1) 2009 (9), |
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having regard to the Commission Staff Working Document of 15 September 2009 on support to third countries to fight the Influenza A (H1N1) (10), |
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having regard to the Commission Staff Working Document of 15 September 2009 on the regulatory process for the authorisation of antiviral medicines and vaccines in the protection against Pandemic Influenza (H1N1) 2009 (11), |
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having regard to the Commission Staff Working Document of 15 September 2009 on vaccination strategies against pandemic (H1N1) 2009 (12), |
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having regard to the document entitled ‘European Strategy for Influenza A/H1N1 – Vaccine Benefit-Risk Monitoring’ of October 2009 (13), |
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having regard to the Council Conclusions of 12 October 2009 on the Pandemic (H1N1) 2009 – a strategic approach (14), |
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having regard to the Commission Staff Working Document of 23 November 2009 on Health Security in the European Union and Internationally (15), |
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having regard to the Assessment Report of 16 April 2010 on EU-Wide Response to the Pandemic (H1N1) 2009 (16), |
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having regard to the final report of January 2010 on the Evaluation of the European Medicines Agency (17), |
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having regard to Resolution 1749 (2010) ‘Handling of the H1N1 pandemic: more transparency needed’ adopted by the Parliamentary Assembly of the Council of Europe in June 2010 (18), |
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having regard to the conclusions of the Conference on lessons learned from the A (H1N1) pandemic, held on 1 and 2 July 2010 (19), |
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having regard to the recommendations of the European Ombudsman concerning the European Medicines Agency of 29 April and 19 May 2010 (20), |
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having regard to the Assessment Report of 25 August 2010 on EU-Wide Pandemic Vaccine Strategies (21), |
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having regard to the Council Conclusions of 13 September 2010 on Lessons learned from the A/H1N1 pandemic – Health security in the EU (22), |
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having regard to the Commission Staff Working Document of 18 November 2010 on lessons learnt from the H1N1 pandemic and on health security in the European Union (SEC(2010)1440), |
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having regard to the Annual epidemiological report on communicable diseases in Europe 2010 by the ECDC (23) |
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having regard to the Workshop held on 5 October 2010 by the European Parliament’s Committee on the Environment, Public Health and Food Safety on the Influenza Pandemic A (H1N1) - The response of Member States and the European Union, |
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having regard to Rule 48 of its Rules of Procedure, |
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having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0035/2011), |
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A. |
whereas the national and international health authorities, including the WHO, stated in May 2009 that the H1N1 influenza was at the time causing only mild illness, but that it could not be taken for granted that this pattern would continue, |
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B. |
whereas, under the International Health Regulations (IHR) – a legal instrument binding on the states parties to it – the remit of the WHO includes public health surveillance, coordinating international public health measures and, in relation to potentially pandemic viruses, determining current phases of alert on a scale of one to six, |
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C. |
whereas the phases of a global pandemic are determined in accordance with the provisions of the IHR and in consultation with other organisations and institutions and with the Member States affected, |
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D. |
whereas the criteria for defining a ‘pandemic’, as revised by the WHO in 2009, are based solely on the spread of the virus while disregarding the severity of the illness caused by it, |
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E. |
whereas Member States, the European Commission and external bodies such as the WHO should take into account the virulence of a future influenza outbreak as well as the propagation of the virus when making public health decisions which may affect public health and social policies in Member States, |
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F. |
considering the high degree of unforeseeability regarding the pandemic’s severity and how it was going to unfold, and the possibility that the pandemic might worsen in Europe, as it did in 1918 and 1968, |
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G. |
whereas, on the basis of the WHO pandemic alert and subsequent recommendations, the Member States responded rapidly, in line with the precautionary principle, using what resources they had available to implement public health action plans; whereas the move to the highest level of alert, indicating the presence of a pandemic, gave rise in some cases to public health decisions that were disproportionate, |
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H. |
whereas the WHO called an end to the state of alert concerning H1N1 influenza only in August 2010 (statement by the WHO Director-General of 10 August 2010 (24), |
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I. |
whereas, in accordance with the principle of subsidiarity, the preparation for and reaction to health risks in the European Union fall within the competence of the Member States; whereas the Treaty of Lisbon exhorts the Member States to strengthen cooperation, sharing of information and good practices within the framework of the WHO and the existing structures of the EU; whereas stronger coordination measures by the Commission, with the support of the ECDC and the EMEA within the framework of the International Health Regulation, reinforce the effectiveness of national measures, |
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J. |
whereas the pharmaceutical industry had to respond to a sudden, pressing and exponential demand for the supply of vaccines by the Member States; whereas the industry had to develop with very great urgency a new vaccine likely to be effective against the virus, |
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K. |
whereas the costs arising from the management of this crisis in the Member States were significant and could perhaps have been reduced by better cooperation between the Member States and better coordination between the Member States and ECDC, |
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L. |
whereas the expenditure committed by certain Member States to the response plans drawn up relates mainly to the purchase of vast quantities of vaccines and antiviral treatments, and whereas purchasing procedures led to concerns regarding compliance with rules on public procurement and transparency in some Member States, |
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M. |
whereas there were significant price disparities among the Member States that had prior purchase agreements for vaccines, based, among other factors, on the differentiated liability conditions of each agreement, |
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N. |
whereas lawsuits were taken in various Member States, alleging corruption and conspiracy on the part of civil servants in relation to contracts signed in summer 2009 between ministries of public health and manufacturers of H1N1 influenza vaccines, |
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O. |
whereas, according to the Commission the reluctance of vaccine suppliers to bear full product liability may have contributed to reducing citizens’ trust in vaccine safety; whereas confidence in vaccines against H1N1 influenza was also undermined by incomplete and contradictory communication on the benefits and risks of vaccination and the potential risks of H1N1 influenza to the public, |
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P. |
whereas the differing recommendations made within the EU and the Member States on the subject of the priority groups targeted for vaccination illustrate the significant uncertainties and diverging views surrounding the appropriate response to H1N1 influenza, |
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Q. |
whereas pandemic influenza preparedness planning relies to a great extent on vaccination strategies; whereas vaccination strategies should rely on three conditions to be successful: efficacy of the vaccine, a positive benefit-risk balance for the vaccine, and targeting of risk groups, |
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R. |
whereas there needs to be transparency about the fulfilment of these conditions, |
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S. |
whereas the vaccines’ benefit-risk ratio has now been demonstrated in tolerance and immunogenicity studies based on actual use, |
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T. |
whereas there is a need for studies on vaccines and antiviral medications that are independent from pharmaceutical companies so as to have a balance between private and publicly funded studies, |
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U. |
whereas, in the event of a future influenza pandemic, more work needs to be done to improve the performance of influenza vaccines, especially for high risk groups and against drifted variants, |
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V. |
whereas, due to the early acquisition of vaccines and systematic vaccination strategies, especially among the most vulnerable groups, the EU was the best prepared region in the world; whereas, however, considerable differences emerged between the preparedness of EU Member States and the lack of genuine cooperation weakened the EU’s overall preparedness, |
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W. |
whereas the limited cooperation among Member States, especially the lack of joint public procurement of vaccines, the lack of joint stockpiles, the lack of a solidarity and brokerage mechanism between Member States, and the absence of prior purchase agreements in several Member States were the main factors undermining the EU’s better preparedness, |
|
X. |
whereas despite the repeated requests made by the European Ombudsman to the European Medicines Agency (EMA), the documents held by the EMA relating to research protocols, clinical trials and the undesirable effects of medicinal products submitted to it for assessment are not always accessible to the public, |
|
Y. |
whereas the information and communication concerning H1N1 influenza in 2009-2010 in the EU have demonstrated the crucial role played by the media in relaying public health precautions and recommendations, but also in emphasising selected aspects of the outbreak and its consequences, thus potentially altering public opinion perceptions and the public authorities’ responses, |
Cooperation
|
1. |
Calls for the prevention plans established in the EU and its Member States for future influenza pandemics to be revised in order to gain in effectiveness and coherence and to make them sufficiently autonomous and flexible to be adapted as swiftly as possible and on a case-by-case basis to the actual risk, based on up-to date relevant information; |
|
2. |
Requests clarification, and if necessary review, of the roles, duties, remits, limits, relationships and responsibilities of the key actors and structures at EU level for the management of medical threats – the European Commission, the ECDC, the EMA and the Member States, as well as more informal entities such as the Health Security Committee, the HEOF and the ‘public health’ group, composed of senior officials able to intervene in the decision-making process regarding the management of a health crisis – and calls for that information to be made publicly available; |
|
3. |
Welcomes the fact that the Commission has committed itself to studying the possibility of a revision and a long-term reinforcement of the legal basis of the Health Security Committee; |
|
4. |
Requests that special attention be paid to preparation between sectors within the framework of co-operation between Member States on the Health Security Committee; |
|
5. |
Emphasises the need to reinforce cooperation between Member States, and coordination of Member States with the ECDC, so as to ensure coherent risk management in response to a pandemic in compliance with the International Health Regulation; |
|
6. |
Calls for the continuation and improvement of cooperation and coordination among Member States, institutions and international and regional organisations, particularly in the early stages of a virus outbreak, in order to determine its severity and make appropriate management decisions; |
|
7. |
Considers it advisable to reinforce the mandate of the Committee of Public Health, the action and role of which should be improved to provide better support for the Member States in achieving a coherent approach to preparedness for and response to public health threats and emergencies of international concern as defined in the IHR; |
|
8. |
Urges the WHO to revise the definition of a pandemic, taking into consideration not only its geographical spread but also its severity; |
|
9. |
Calls on the Member States to involve health professionals more closely at every stage in the preparation and application of strategies for preventing and combating pandemics; |
|
10. |
Urges the European Union to allocate more resources to research and development regarding preventive measures in the field of public health care while conforming to its stated objective of allocating 3 % of European GDP to R&D; more specifically, calls for an increase in the investments dedicated to a better evaluation and anticipation of the impact of an influenza virus both between pandemics and at the beginning of a pandemic; |
|
11. |
Calls for continued investment in national epidemiological, serological and virological surveillance centres; |
|
12. |
Expresses its approval for the introduction of a procedure enabling the Member States to make group purchases of anti-viral vaccines and medicinal products on a voluntary basis, in order to obtain, for a given product, inter alia, equitable access, advantageous rates and flexibility for the order; |
|
13. |
Recalls that according to current Union legislation on medicinal products, liability for the quality, safety and efficacy concerning the authorised indications of a medicinal product rests with the manufacturer, and calls for full application of this rule by Member States in all contracts for the procurement of vaccines, as an important factor in maintaining/regaining citizens’ trust in vaccine safety; |
|
14. |
Requests, within the framework of the common and responsible management of the supply of vaccines, that consideration be given to the possibility of easing access for developing countries to vaccine products in the event of a pandemic; |
Independence
|
15. |
Takes the view that the European Centre for Disease Prevention and Control (ECDC) has to exercise its powers as an independent agency to assess and communicate the severity of infection risk and be given adequate means for all its tasks; |
|
16. |
Invites the ECDC, with input from the WHO, to contribute to reviewing best practice on national influenza preparedness plans, and to make recommendations on best practice in areas such as crisis management techniques, vaccination and communication strategies; |
|
17. |
Demands that increased vigilance and complete transparency be assured with regard to the evaluation of, and reporting on, medicinal products recommended in the event of health emergencies, and more particularly in genuine pandemic situations; |
|
18. |
Underscores the need for studies independent of the pharmaceutical companies on vaccines and antiviral medications, including with regard to the monitoring of vaccination coverage; |
|
19. |
Wishes to ensure that scientific experts have no financial or other interests in the pharmaceutical industry that could affect their impartiality; requests the development of a European code of conduct relating to the exercise of the function of a scientific expert in any European authority in charge of safety and of the management and anticipation of risks; requires that each expert subscribe to the ethical principles of this code of conduct before taking up his or her duties; |
|
20. |
Asks that experts who are involved in the pharmaceutical sector, while they may be consulted, should be excluded from decision-making; |
|
21. |
Calls in particular on the European Commission, with the support of the EMA, to improve the accelerated authorisation procedures for the placing on the market of medicinal products designed to respond to a health crisis - inter alia by making them suitable for different influenza strains varying levels of severity and differences in target groups - in such a way that proper clinical trials are carried out before a pandemic occurs, in order to ensure a full assessment of the risk-benefit balance associated with the use of those medicinal products for the relevant target groups and to come up with corresponding legislative proposals where necessary; |
Transparency
|
22. |
Calls for an assessment of the influenza vaccination strategies recommended in the EU and applied in Member States, covering the efficacy of the vaccines, their risk-benefit balance and the different target groups recommended, with a view to safe and effective use; |
|
23. |
Calls on Member States to report the following information to the Commission before 8 September 2011:
|
|
24. |
Calls on the Commission, with the support of ECDC and EMA, to make a summary report about the information referred to in paragraph 23, broken down by Member State, before 8 March 2012 and to make it publicly available as an important contribution to the review of the current pandemic influenza preparedness plans; |
|
25. |
Reminds the EMA of the regulatory requirement to make access available to all the documents relating to clinical trials, research protocols and undesirable effects of the medicinal products evaluated by its experts, including the vaccines and anti-viral drugs recommended as a means of combating H1N1 influenza; welcomes the new rules on access to documents adopted by the EMA in October 2010; |
|
26. |
Recognises that conflicts of interest among experts who advise European public health authorities lead to suspicions of undue influence and harm the overall credibility of these public health authorities and their recommendations; considers that all conflicts of interest must be avoided; |
|
27. |
Requests the adoption of a definition common to all European public health authorities of what constitutes a conflict of interest; |
|
28. |
Calls for such conflicts of interest to be brought to Parliament’s attention by means of an internal investigation carried out by the Committee on Budgetary Control with a view to determining whether payments to the aforementioned experts were made in a correct and transparent manner and whether the procedures normally employed by the European institutions to forestall such conflicts of interest were followed; |
|
29. |
Calls for the declarations of interest of all experts who advise the European public health authorities to be published, including those of members of informal groups; |
|
30. |
Is aware of the need to communicate risks and benefits more clearly and transparently to the public; underlines the necessity to arrive at a coherent message to the citizens as soon as a health hazard is evaluated; insists on the importance of consistent communication by the Member States regarding the informative contents of the message (e.g. the nature of the virus, the nature of the risk, how best to prevent it and the risks and benefits of prevention and/or treatment); |
|
31. |
Calls for a global European strategic approach for the so-called ‘at-risk’ groups on how to reach them and communicate with them in case of pandemics; |
|
32. |
Calls for the building of relationships of trust with the media concerned with disseminating public health messages; requests the setting-up of a select group of available experts to answer questions from journalists at all times, as well as the availability of a spokesperson; |
|
33. |
Stresses the need for accountability of information professionals and the prudence required in the processing of health information messages, a fortiori in the context of a pandemic; |
|
34. |
Expects, in this regard, a more comprehensive collection and rapid submission of coherent data from national health monitoring authorities to competent EU authorities, |
|
35. |
Considers it essential for the Commission and Member States to swiftly undertake the necessary revisions, including better vaccination and communication strategies, in order to build confidence in public health measures that seek to prepare and prevent pandemics; |
*
* *
|
36. |
Instructs its President to forward this resolution to the Council, the Commission, the WHO and national parliaments. |
(1) http://www.who.int/ihr/en/
(2) http://register.consilium.europa.eu/pdf/en/07/st15/st15789.en07.pdf
(3) http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/lsa/104770.pdf
(4) http://www.ecdc.europa.eu/en/publications/Publications/0908_GUI_Pandemic_Influenza_Vaccines_during_the_H1N1_2009_Pandemic.pdf
(5) http://www.who.int/csr/disease/influenza/pipguidance2009/en/index.html
(6) http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/lsa/107492.pdf
(7) http://ec.europa.eu/health/archive/ph_threats/com/influenza/docs/com481_2009_en.pdf
(8) http://ec.europa.eu/health/archive/ph_threats/com/influenza/docs/flu_staff1_en.pdf
(9) http://ec.europa.eu/health/ph_threats/com/Influenza/docs/flu_staff2_en.pdf
(10) http://ec.europa.eu/health/archive/ph_threats/com/influenza/docs/flu_staff3_en.pdf
(11) http://ec.europa.eu/health/ph_threats/com/Influenza/docs/flu_staff4_en.pdf
(12) http://ec.europa.eu/health/communicable_diseases/diseases/influenza/h1n1/index_en.htm#fragment2 and http://ec.europa.eu/health/archive/ph_threats/com/influenza/docs/flu_staff5_en.pdf
(13) http://www.ema.europa.eu/docs/en_GB/document_library/Report/2010/01/WC500044933.pdf
(14) http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/lsa/110500.pdf,
(15) http://ec.europa.eu/health/preparedness_response/docs/commission_staff_healthsecurity_en.pdf
(16) http://ec.europa.eu/health/communicable_diseases/diseases/influenza/h1n1/index_en.htm#fragment2
(17) http://ec.europa.eu/health/files/pharmacos/news/emea_final_report_vfrev2.pdf
(18) http://assembly.coe.int/Mainf.asp?link=/Documents/AdoptedText/ta10/ERES1749.htm
(19) http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/lsa/116478.pdf
(20) http://www.ombudsman.europa.eu/press/release.faces/fr/4940/html.bookmark and http://www.ombudsman.europa.eu/press/release.faces/fr/5251/html.bookmark
(21) http://ec.europa.eu/health/communicable_diseases/diseases/influenza/h1n1/index_en.htm#fragment2
(22) http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/lsa/116478.pdf
(23) http://www.ecdc.europa.eu/en/publications/Publications/1011_SUR_Annual_Epidemiological_Report_on_Communicable_Diseases_in_Europe.pdf
(24) http://www.who.int/mediacentre/news/statements/2010/h1n1_vpc_20100810/en/print.html
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/15 |
Tuesday 8 March 2011
Innovative financing at a global and European level
P7_TA(2011)0080
European Parliament resolution of 8 March 2011 on innovative financing at global and European level (2010/2105(INI))
2012/C 199 E/03
The European Parliament,
|
— |
having regard to the conclusions of the European Council of 17 June 2010 and the conclusions of the European Council of 11 December 2009, |
|
— |
having regard to the minutes of the ECOFIN meeting of 19 October 2010 and to the report to the European Council quoted therein, |
|
— |
having regard to the Belgian Presidency’s programme, in particular the proposals on innovative financing, |
|
— |
having regard to its resolution of 10 March 2010 on financial transaction taxes – making them work (1), |
|
— |
having regard to its resolution of 20 October 2010 on the Financial, Economic and Social Crisis (2), |
|
— |
having regard to its resolution of 22 September 2010 on European Supervisory Authorities (3) and, specifically, its resolutions of 22 September 2010 on the European Insurance and Occupational Pensions Authority (4), of 22 September 2010 on the European Banking Authority (5), of 22 September 2010 on the European Securities and Markets Authority (6), and of 22 September 2010 on macro-prudential oversight of the financial system and establishment of a European Systemic Risk Board (7), |
|
— |
having regard to the Commission staff working document on innovative financing at a global and European level (SEC(2010)0409) and the Commission Communication on the taxation of the financial sector (COM(2010)0549), along with the accompanying staff working document (SEC(2010)1166), |
|
— |
having regard to the proposal for a regulation of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories (COM(2010) 0484), |
|
— |
having regard to the Commission Communication on Bank Resolution Funds (COM (2010)0254), |
|
— |
having regard to the G20 Declaration issued on 15 November 2008 in Washington, the G20 Declaration issued on 2 April 2009 in London and the Leaders’ Statement of the G20 Summit of 25 September 2009 in Pittsburgh, |
|
— |
having regard to the 2010 IMF report to the G20 on Financial Sector Taxation, |
|
— |
having regard to the OECD Trade Union Advisory Committee paper entitled ‘The parameters of a financial transaction tax and the OECD global public good resource gap, 2010-2020’ of 15 February 2010, |
|
— |
having regard to the 2010 OECD report entitled ‘The elephant in the room: the need to deal with what banks do’, |
|
— |
having regard to the Austrian Economic Research Institute (WIFO) study entitled ‘A General Financial Transaction Tax: Motives, Revenues, Feasibility and Effects’ of March 2008, |
|
— |
having regard to the Foundation for European Progressive Studies paper entitled ‘Financial Transaction Taxes: Necessary, Feasible and Desirable’ of March 2010, |
|
— |
having regard to the Centre for Economic Policy Research study entitled ‘Benefits of a Financial Transactions Tax’ of December 2008, |
|
— |
having regard to the report from the Commission - State Aid Scoreboard - Report on recent developments on crisis aid to the financial sector (COM(2010)0255), |
|
— |
having regard to the Notre Europe study entitled ‘An ever less carbonated Union? Towards a better European Taxation against climate change’, |
|
— |
having regard to the outcome document of the High-level Plenary Meeting of the General Assembly of the United Nations ‘Keeping the promise: united to achieve the Millennium Development Goals’ of September 2010, |
|
— |
having regard to the Declaration issued at the Seventh Plenary Meeting of the Leading Group on Innovative Financing for Development held in Santiago in January 2010, |
|
— |
having regard to the 2010 Report of the Committee of Experts to the Taskforce on International Financial Transactions for Development ‘Globalising Solidarity: The Case for Financial Levies’, |
|
— |
having regard to Rule 48 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Development and the Committee on Industry, Research and Energy (A7-0036/2011), |
|
A. |
whereas the unprecedented global financial and economic crisis in 2007 revealed significant dysfunctions in the regulatory and supervisory framework of the global financial system, which can be described as the combination of unregulated financial markets, overly complex products and non-transparent jurisdictions; whereas Europe needs more transparent and efficient financial markets, |
|
B. |
whereas free markets are the foundation of wealth creation worldwide, and whereas market economies and free trade create wealth and lift people out of poverty, |
|
C. |
whereas the spectacular rise in the volume of financial transactions in the global economy within the last decade – a volume which in 2007 reached a level 73,5 times higher than nominal world GDP, mainly owing to the boom on the derivatives market - illustrates the growing disconnection between financial transactions and the needs of the real economy, |
|
D. |
whereas the financial sector is heavily reliant on trading patterns, such as high-frequency trade (HFT), which are mainly targeted on short-term profits and are exposed to a high degree of leverage, which was one of the main causes of the financial crisis; whereas this has caused excessive price volatility and persistent deviations of stock and commodity prices from their fundamental levels, |
|
E. |
whereas the ability of businesses, governments and individuals to borrow and lend to one another is a crucial factor for the global economy; whereas the financial crisis has provided examples of unfortunate features of the international capital market; whereas for that reason it is necessary to strike a balance between the need to take steps that help to preserve financial stability and the need to maintain banks’ ability to provide credit to the economy, |
|
F. |
whereas at the G20 summits held in Washington in 2008 and in Pittsburgh in 2009 an agreement was reached to implement reforms to strengthen financial-market regulatory regimes and surveillance in order to make financial institutions assume their fair share of responsibility for the turmoil, |
|
G. |
whereas the main costs of the crisis have been borne thus far by taxpayers, whose money governments in many parts of the world have used to bail out private banks and other financial institutions; whereas there are growing calls for financial institutions and stakeholders, which have enjoyed years of excessive returns on equities and excessive annual bonus payouts and accounted for the majority of global corporate profits, to contribute their fair share to meeting the costs, |
|
H. |
whereas in the EU in particular the cost of the bail-outs has worsened and accelerated the onset of a fiscal and debt crisis that has placed an unexpected burden on public budgets and severely endangered job creation, welfare state provision and the achievement of climate and environmental goals, |
|
I. |
whereas short-termism and speculation on the European government bond market were important aggravating factors in the eurozone sovereign deficit crisis in 2009-2010 and have exposed the close links between the drawbacks of the financial sector and the problems in guaranteeing the sustainability of public finances at times of excessive budgetary deficits and growing public and private debt, |
|
J. |
whereas the ineffectiveness of the Stability and Growth Pact in its present form and the disparities in competitiveness between Member States prompted the current debate on European economic governance, key components of which should be measures to strengthen the Stability and Growth Pact, mainly its preventive provisions, launch without any further delay unavoidable structural reforms and coordinate taxation policies and the fight against tax avoidance, fraud and evasion in order to safeguard tax justice, while gradually shifting the tax burden from labour towards capital and activities with strong negative externalities, |
|
K. |
whereas the crisis has highlighted the need to raise new, broad-based, fair and sustainable revenues and to enforce existing laws on tax evasion and improve their effectiveness in order to ensure that fiscal consolidation is effectively combined with long-term economic recovery and the sustainability of public finances, job creation and social inclusion, which are key priorities of the EU 2020 agenda, |
|
L. |
whereas the serious budget constraints resulting from the recent crisis come at a time when the EU has entered into highly important commitments at global level, mainly relating to climate-change targets, the Millennium Development Goals (MDGs) and development aid, in particular for climate change adaptation and mitigation for developing countries, |
|
M. |
whereas on 17 June 2010 the European Council stated that the EU should lead efforts to establish a global approach to the introduction of systems of levies and taxes on financial institutions and called for the issue of the introduction of a global financial transaction tax (FTT) to be explored and further developed, |
|
N. |
whereas it has already asked the Commission to carry out an impact assessment and provide an analysis of the positive merits of an FTT; resolving, therefore, to wait for this analysis before taking further action, |
|
1. |
Takes note of the work carried out so far by the Commission to respond to the call made by Parliament in its resolution of 10 March 2010 for a feasibility study on financial transaction taxes at global and EU level; stresses the need for a comprehensive impact assessment and calls for the result of the impact assessment and possible concrete proposals to be made public by summer 2011, as announced in the Commission’s communication on Taxation of the Financial Sector; emphasises that a balanced and thorough feasibility study on an EU FTT should be the basis on which the procedure for introducing such a tax is implemented; |
|
2. |
Emphasises that an increase in the rates and the scope of existing taxation tools and further cuts in public expenditure can be neither a sufficient nor a sustainable solution to address the main challenges ahead at European and global level; stresses that, when addressing these challenges and discussing new systems of financing, one of the main priorities should be creating means to strengthen the European competitiveness and economic growth; |
|
3. |
Stresses that a properly functioning single market is the EU’s most valuable tool in a global and competitive world and the main driver of European growth; stresses that the focus should be on strengthening the internal market and on finding ways to spend national and European resources more intelligently by taking a holistic view of budget reform, covering both the expenditure and the revenue side of the budget; points out that spending needs to be delivered in a way which is designed to bring results and new financial instruments for budget delivery must be smart, integrated and flexible; |
|
4. |
Emphasises that removing the remaining barriers within the internal market is the best way to promote real growth policies that deliver; notes that studies show that as much as EUR 200 to 300 billion could be saved annually if all barriers to the four freedoms were removed; |
|
5. |
Stresses the importance of the relaunch of the Single Market and emphasises that the EU must draw up and effectively implement common rules to enable the internal market to serve as a relay for structural growth; stresses that efforts must focus on the driving force of the European economy: Europe’s 20 million businesses, especially the small and medium-sized ones run by entrepreneurs and other creative spirits; |
|
6. |
Emphasises that one of the European Union’s greatest assets is its scale and that this asset must be used to the full by exploiting the potential of the Single Market and by using funds from the EU budget to bring added value to the public sector’s efforts to stimulate the drivers of growth; |
|
7. |
Stresses that the Commission should adopt a common strategic framework, outlining a comprehensive investment strategy which translates Europe 2020’s targets and objectives into investment priorities and indentifies investment needs in relation to headline targets and flagship projects and the reforms needed to maximise the impact of investment supported by cohesion policy; |
|
8. |
Stresses that one of the main advantages of innovative financing tools is that they can bring a double dividend, as they can at the same time contribute to the achievement of important policy goals, such as financial market stability and transparency, and offer significant revenue potential; stresses, in this context, that the effects of these tools on the negative externalities produced by the financial sector should also be taken into account; |
Taxation of the financial sector
|
9. |
Recalls that the financial damage caused by tax evasion and tax fraud in Europe is estimated at between EUR 200 and 250 billion every year; considers, therefore, that reducing tax fraud levels would help to reduce public deficits without increasing taxes; points out, against this background, that innovative financing should reinvigorate efforts by the Member States, the EU and the international community to combat tax avoidance and fraud as well as other forms of illicit capital flight which have a significant budgetary impact; |
|
10. |
Stresses that in the aftermath of the crisis the EU needs to convince its citizens that it has the will and the tools to go forward with a balanced combination of a fiscal consolidation strategy and stimulus policies in order to safeguard a long-term economic recovery; |
|
11. |
Considers that, while major progress has been achieved recently both on the regulatory and the supervisory fronts, tax policy is the missing dimension in the EU approach to the financial sector; |
|
12. |
Welcomes the Commission’s recognition that the financial sector is under-taxed, in particular because no VAT is levied on most financial services, and calls for innovative financing measures to raise more from this sector and contribute to shifting the burden of taxation away from working people; |
|
13. |
Considers that the introduction of an FTT could help to tackle the highly damaging trading patterns in financial markets, such as some short-term and automated HFT transactions, and curb speculation; stresses that an FTT would thus have the potential to improve market efficiency, increase transparency, reduce excessive price volatility and create incentives for the financial sector to make long-term investments with added value for the real economy; |
|
14. |
Emphasises the current revenue estimates for a low-rate FTT, which could, with its large tax base, yield nearly EUR 200 billion per year at EU level and $650 billion at global level; considers that this could constitute a substantial contribution by the financial sector to the cost of the crisis and to public finance sustainability; |
|
15. |
Notes the developments in the debate concerning the FTT and the differing views concerning the feasibility, efficiency and effectiveness of such a tax, as well as the emerging discussion concerning a Financial Activities Tax (FAT), but notes that the G20 has so far been unable to promote meaningful joint initiatives on this matter; calls on the G20 leaders to speed up the negotiations for an agreement on the minimum common elements of a global FTT and to provide guidance on the desired future of these various kinds of taxation; |
|
16. |
Favours the introduction of a tax on financial transactions, which would improve the functioning of the market by reducing speculation and help to finance global public goods and reduce public deficits; considers that the introduction of a tax on financial transactions ought to be as broadly based as possible and that the EU should promote the introduction of an FTT at global level, failing which, the EU should implement an FTT at European level as a first step; calls on the Commission swiftly to produce a feasibility study, taking into account the need for a global level playing field, and to come forward with concrete legislative proposals; |
|
17. |
Points out that when examining options for the taxation of the financial sector at global and EU level the lessons learned from the introduction of sectoral transaction taxes at Member State level should be taken into account; |
|
18. |
Stresses, further, that the flow of merely speculative transactions to other jurisdictions would have few detrimental effects, but could also have the potential to contribute to increased market efficiency; also stresses that not all actions deemed to be speculative are to be condemned, since certain forms of risk-taking can enhance the stability of EU financial markets; |
|
19. |
Stresses that within the centralised European central market clearing and settlement services could facilitate the introduction of an EU FTT, making it cheap in administrative terms and simple to implement; recalls, however, that the global and interconnected nature of the financial industry must be taken into account when the technical aspects of the FTT are designed; |
|
20. |
Notes the recent Commission Communication as a first step in getting to grips with this topic; considers that the burden of proof regarding the possible advantages and/or drawbacks of the introduction of an FTT at EU level lies with the Commission and its impact assessment; |
|
21. |
Notes that the recent Commission Communication announced an impact assessment of various options for the taxation of the financial sector and calls on the Commission also to address in its feasibility study the geographical asymmetry of transactions and revenues and the possibility of a graded or differentiated rate on the basis of the asset category, the tax incidence, the nature of the actor involved or the short-term and speculative nature of some types of transactions; asks the Commission to draw on all available research; |
|
22. |
Calls on the Commission to analyse in its feasibility study the various possible options for an EU FTT and their impacts, including the benefits for the economy and society of reducing the scale of speculative financial transactions, which currently cause severe market distortions; |
|
23. |
Stresses that an FTT should have the broadest base possible so as to guarantee a level playing field in the financial markets and not drive transactions to less transparent vehicles; considers, therefore, that the Commission’s feasibility study should look into all transactions with financial assets, such as exchange-traded spot and derivatives transactions carried out on markets and Over-The-Counter (OTC); points out that the grading of an FTT, with differentiated rates across trading venues, could further enhance market stability by creating positive incentives for financial actors to move transactions away from OTC vehicles to more transparent and well-regulated venues; |
|
24. |
Welcomes, in that context, the recent Commission proposals on OTC derivatives and short selling which impose explicit central clearing and trading repository requirements on all OTC derivatives transactions, thus making the implementation of this broad-based EU FTT technically feasible; |
|
25. |
Insists on determining who will ultimately be paying the tax, as the burden usually falls on the consumer, who in this case would be retail investors and individuals; stresses the need for comprehensive rules on exemptions and thresholds, in order to prevent this; |
|
26. |
Welcomes the recent proposals from the IMF, supported by the Commission, for a tax on bank assets to allow every country to levy between 2 and 4 % of GDP to finance future crisis-resolution mechanisms; believes that bank levies should be proportionate to the systemic significance of the credit institution concerned and to the level of risk involved in an activity; |
|
27. |
Notes that bank levies, an FAT and an FTT each serve different economic objectives and have different revenue-raising potential; emphasises that, since they are based on balance-sheet positions, bank levies cannot take on the role of curbing financial speculation and further regulating shadow banking; in that connection, stresses, moreover, the importance of financial supervisory mechanisms and transparency in enhancing the resilience and stability of the financial system; |
|
28. |
Notes the IMF proposal on a FAT and the Commission’s recent commitment to conduct a comprehensive impact assessment of its potential; stresses that an FAT is mainly a revenue-oriented tax tool that targets the financial sector, making it possible to tax economic rents and profits from excessive risk-taking, and as such could provide a solution to the current VAT exemption of the financial sector; |
|
29. |
Is aware of different options for the management of the additional revenues generated by the taxation of the financial sector at both national and European level; stresses that, the question regarding the purpose for which the revenues raised by an FTT should be used needs to be resolved and that, in order to give taxpayers a proper picture of the rationale behind additional financial sector taxation, the assessment of and prioritisation among different options should be seen as an essential element in the overall debate on innovative financing; stresses that, owing to its global nature, the revenue raised by a global FTT should be used to provide financing for global policy goals, such as development and poverty reduction in developing countries and the fight against climate change; notes the Commission’s aim to increase the volume of the EU budget through the use of innovative financial instruments; is convinced that in order to safeguard the European added value of the aforementioned innovative financing tools a part of those revenues could be allocated to finance EU projects and policies; recalls that the Commission’s recent Communication on a review of the EU budget regards EU taxation of the financial sector as a possible source of own resources; calls for a broad debate involving the EU institutions, national parliaments, EU stakeholders and civil society representatives on the choices available regarding those policies, the shares of revenue to be allocated at EU and national level and the various ways of achieving this; notes, with regard to the management of the share of the revenue allocated at national level, that all possible options should be evaluated, including the allocation of revenue to consolidate public finances; |
|
30. |
Emphasises that the possible introduction of these new taxation tools in the financial sector should be analysed in the context of the existing tax environment in that sector, taking into account secondary effects and keeping a special focus on identifying synergies between old and new taxes; |
|
31. |
Notes the Commission’s aim to increase the volume of the EU budget through the use of innovative financial instruments and recognises the potential benefits of leveraging private sector funding with public money; is aware, however, that the use of special purpose vehicles for financing projects can result in increased contingent liabilities; believes, therefore, that such measures should be accompanied by fully transparent disclosure combined with appropriate investment guidelines, risk management, exposure limits and scrutiny and surveillance procedures, all to be established in a democratically accountable manner; |
Eurobonds and European project bonds
|
32. |
Notes that Eurobonds are increasingly referred to as a common debt management instrument; notes all recent proposals and initiatives to that effect; calls on the European Council and the Commission to provide an immediate response to call Parliament made in its resolution of 16 December 2010 (8) on the permanent crisis mechanism for the necessary political signal to be given for a Commission investigation into a future system of Eurobonds, with a view to determining the conditions under which such a system would be beneficial to all participating Member States and to the eurozone as a whole; |
|
33. |
Supports the idea of issuing common European project bonds to finance Europe’s significant infrastructure needs and structural projects in the framework of the EU 2020 agenda, anticipated new EU strategies, such as the new Strategy on Energy Infrastructure Development, and other large-scale projects; believes that EU project bonds would secure the investment required and create sufficient confidence to enable major investment projects to attract the support they need and would thus become an important mechanism for maximum leverage of public support; recalls that, if Europe is to be put on a sustainable footing, these projects must also contribute to the ecological transformation of our economies, paving the way for the zero-carbon economy; |
|
34. |
Emphasises that greater use should be made of the EU budget to leverage investment; stresses that the norm for projects with long-term commercial potential should be that EU funds are used in partnership with the private banking sector, in particular via the European Investment Bank (EIB) and the European Bank for Reconstruction and Development (EBRD); |
|
35. |
Calls on the Commission and the European Central Bank to investigate the moral hazard implications for Member States of financing critical infrastructure projects via EU project bonds or Eurobonds, especially where such infrastructure projects are transnational in scope; |
Carbon tax
|
36. |
Stresses that the current taxation model should fully embrace the polluter-pays principle by using appropriate innovative financing tools in order gradually to shift the tax burden on to activities which pollute the environment, create significant greenhouse-gas emissions or use considerable volumes of resources; |
|
37. |
Supports, therefore, a strengthening of the Emissions Trading Scheme (ETS) and a comprehensive revision of the energy taxation directive to make CO2 emissions and energy content basic criteria for the taxation of energy products; |
|
38. |
Stresses that both tools have a strong double dividend, providing major incentives to shift towards carbon-free and sustainable and renewable energy sources, on the one hand, and significant additional revenue, on the other; recalls, however, that the main motive for introducing a carbon tax is to change behaviour and production structures, since the expected revenue will diminish when production patterns shift towards sustainable and renewable energy sources; |
|
39. |
Believes that a carbon tax and the revision of the energy taxation directive should set the minimum mandatory requirements for all Member States, leaving it to up to each Member State to go further on if it sees fit; |
|
40. |
Emphasises that adequate transitional periods should be laid down in order to avoid carbon leakages and to prevent overwhelming burdens being shifted to low-income consumers; considers it useful, moreover, to provide for specific targeted measures in favour of low-income households and to enhance investment in public-sector infrastructure and in household energy efficiency; |
|
41. |
Considers, however, that the scope for a global agreement at G20 level or within the WTO should be fully explored before such a tax is imposed on foreign imports into the EU in order to ensure that this border taxation adjustment tool does not give rise to a shortage of raw materials, on the one hand, and retaliatory measures by third countries against EU exports, on the other; |
|
42. |
Draws attention, bearing in mind the rising energy demand in emerging countries, to the EU’s imperative need to come up with adequate investments in the areas of energy supply and efficiency that will strengthen its energy infrastructure and reduce as much as possible its vulnerability to market fluctuations which could have negative consequences for the EU economy and the EU 2020 objectives; |
|
43. |
Calls on the Member States to consider allocating revenues from climate-change taxation to finance R&D and measures aimed at reducing carbon emissions and combating global warming, stimulating energy efficiency, tackling energy poverty and improving energy infrastructure in the EU and in developing countries; recalls, in this context, that under the ETS Directive at least 50 % of revenues from carbon dioxide emissions auctioning under the EU ETS should be earmarked for measures to combat climate change, including in the developing countries; |
|
44. |
Notes that revolving financial instruments for energy efficiency measures represent an innovative way of financing climate-friendly projects; welcomes the creation of a dedicated financial facility, which could also attract private investors (in the framework of public-private partnerships (PPPs)), which would use uncommitted funds from the European Energy Programme for Recovery (EEPR) Regulation to support energy efficiency and renewable initiatives; asks the Commission to assess carefully the effectiveness of this instrument and to analyse the potential for applying a similar approach, including initiatives on energy, energy efficiency and raw materials, to future unspent funds in the EU budget; |
|
45. |
Notes the importance of energy efficiency and therefore urges the Commission and Member States to make effective use of the Structural Funds to increase energy efficiency in buildings, in particular residences; calls for the effective use of funding by the EIB and other public funding bodies, as well as coordination between EU and national funds and other forms of assistance which could leverage investment in energy efficiency with a view to achieving EU objectives; |
|
46. |
Reminds Member States of the possibility of applying reduced rates of VAT to services offering home improvement and enhanced energy efficiency; |
|
47. |
Considers, also, that the thrifty use of resources and innovation in green technologies are of major importance in terms of competitiveness; |
|
48. |
Stresses the need, as new, innovative taxation is developed and ultimately introduced, for an overall, cross-border and cross-sectoral assessment of different types of existing and planned financing, taxation and subsidies for environment and climate activities, what might be termed a ‘de Larosière process for environment financing’, in order to target these new tools more effectively and eliminate the possibility of overlapping and/or conflicting policies; |
|
49. |
Acknowledges that a carbon tax would be an instrument to reduce emissions rather than a long-term source of income, as this source would eventually dry up should that instrument be effective; |
Financing for development
|
50. |
Calls for a re-affirmation by the Member States of their pledge to earmark 0,7 % of their gross national income GNI to official development assistance (ODA); deplores the fact that while all EU Member States have accepted this 0,7 % GNI target for spending, only Sweden, Luxembourg, Denmark and the Netherlands reached or exceeded this goal in 2008; |
|
51. |
Recalls that, despite the global crisis, the European Union as a whole, including its Member States, remains the leading development aid donor, accounting for 56 % of the worldwide total, worth EUR 49 billion in 2009, which is confirmed by the EU governments’ collective pledge to earmark 0,56 % and 0,70 % of GNI to ODA by 2010 and 2015 respectively; |
|
52. |
Stresses the paramount importance of sound financial management in respect of all EU development and humanitarian aid, in particular because the European institutions involved in the decision-making and implementation of this aid must be fully accountable to European citizens and taxpayers; |
|
53. |
Emphasises that innovative financing for development can complement traditional development aid mechanisms and so help them to achieve their goals on time; recalls that innovative financing instruments should be additional to the UN goal of 0,7 % of GDP devoted to development cooperation; stresses that innovative financing for development should be characterised by diversity of funding, in order to reach maximum revenue potential, but also be fully tailored to each country’s priorities, with strong country ownership; emphasises, at the same time, the need for developing countries to step up their own efforts in the area of taxation, mainly as regards tax collection and the fight against tax evasion, which are crucial to achieving a sound fiscal policy; |
|
54. |
Stresses that effective, high-quality development aid delivery calls for a particular effort in terms of donor coordination and governance arrangements; believes that tackling the problem of fragmentation in European development aid, which causes inefficiencies which have both financial and political consequences, would bring efficiency gains estimated at up to EUR 6 billion a year for Member States and also facilitate the work of partner country administrations; |
|
55. |
Recalls that USD 300 billion will be needed in order to achieve the MDG objectives by 2015; deplores the fact that, despite their recent declaration at the UN’s High Level Summit on the MDGs in September 2010, a majority of developed nations have not yet honoured their 2005 commitment to increase development aid and points out that a much more concerted effort has to be made; emphasises that it is not acceptable that innovative financing mechanisms (IFMs) might be seen as encouraging certain countries to renounce official development assistance (ODA); stresses that ODA commitments and innovative financing mechanisms must be seen as essential and complementary in the fight against poverty; |
|
56. |
Stresses that public supervision and transparency of innovative financing systems are a sine qua non for their introduction, reflecting the lessons of the recent financial and food crises; |
|
57. |
Stresses the urgent need to improve EU coordination of wealth-creation measures in local markets and that promoting innovative financing for development should not focus only on increasing taxation but should also explore other paths, such as enhancing domestic revenue, which can be best achieved through the recognition and protection of property rights, land mapping, and improving the business and investment environment in developing countries; |
|
58. |
Recalls that major pandemic diseases – AIDS, tuberculosis and malaria – which strike developing countries, and sub-Saharan Africa in particular, constitute a major obstacle to achieving the MDGs; recalls, in this context, that a solidarity contribution levied on air tickets is an important financial tool in addressing health problems and one that needs to be further developed; calls, in particular, on the Commission to examine further financing mechanisms to address global health issues, and to facilitate access to medicines in poor countries; |
|
59. |
Points out that climate change will affect developing countries in particular and takes the view that funding measures to alleviate the effects of climate change and reduce energy poverty will contribute to achieving the MDGs; |
|
60. |
Welcomes the fact that the Final Declaration of the UN Summit on the MDGs, adopted on 22 September 2010, refers, for the first time, specifically to the role of innovative financing in achieving the MDGs; |
|
61. |
Underlines the success of innovative financing mechanisms to date, in particular the UNITAID international facility for the purchase of drugs, the International Finance Facility for Immunisation (IFFIm) and the advance market commitment (AMC) for vaccination against pneumococcal disease, which have to date raised over USD 2 billion; notes that other innovative financing mechanisms have also proved effective, for example debt-for-nature or debt-for-health swaps or bunker fuel taxes; |
|
62. |
Recalls the firm support given by a number of European Heads of State or Government to the implementation of a tax on financial transactions at the UN Summit on the MDGs in September 2010 and expects decisive action from them in support of this commitment; |
|
63. |
Calls on the Member States which have not yet done so to join the pilot group on innovative financing mechanisms set up in 2006 and participate in all existing mechanisms, including the solidarity contribution on airline tickets; |
|
64. |
Urges the Commission to propose the implementation of innovative development financing mechanisms at EU level; |
|
65. |
Calls on the institutions and EU governments to examine closely the possibility of creating a worldwide lottery to fund measures to combat hunger, as proposed by the World Food Programme, along the lines of the Food Project; |
|
66. |
Takes the view that ODA will fail to eradicate poverty if the G20, the EU and financial institutions do not take a determined stance in opposing corrupt administrations in recipient countries; stresses, therefore, the need to upgrade the EU’s assistance in the area of the strengthening of tax authorities, the judiciary and anti-corruption agencies in developing countries; urges the EU Member States to combat bribery committed by companies which are domiciled in their jurisdictions, but which have operations in developing countries; |
|
67. |
Recalls that an estimated EUR 800 billion, i.e. 10 times the amount of ODA, is lost annually from developing countries through illicit practices such as unlawful capital flows and tax evasion, the prevention and reduction of which could prove decisive in achieving the MDGs; urges the EU and its Member States to place the fight against tax havens, corruption and harmful tax structures at the top of the agenda in all international fora so as to enable developing countries to increase their domestic revenues; |
|
68. |
Recalls the collective responsibility of the G20 to mitigate the impact of the crisis on developing countries, which have been hard hit by its indirect effects; |
|
69. |
Urges that, in order to achieve transparency in ODA, accountability should be promoted through the strengthening of national control mechanisms and parliamentary scrutiny of aid; calls on the EU and the G20 to pursue their agenda of cracking down on tax havens and tax secrecy, promoting country-by-country reporting; |
|
70. |
Calls on the Council and the Commission to promote and work towards the implementation of innovative financing instruments for development, such as an international financial transaction tax, transport levies, measures to combat illicit capital flows and the reduction or alleviation of remittance costs; |
|
71. |
Notes that the economic and financial crisis will throw many developing countries into a new debt crisis, and calls on the Commission and the Member States to renew their efforts to alleviate the debt burden on developing countries; |
|
72. |
Recalls that developing countries are the least well-equipped to deal with climate change, and are, generally speaking, likely to be the principal victims of this phenomenon; calls for the implementation of the EU financial pledge given under the Copenhagen Accord and in the context of the Global Climate Change Alliance; urges the EU to assume a pivotal role in joint initiatives by the industrialised countries to make a larger and more specific contribution to supporting development in the third world, to which they have a historic responsibility; |
*
* *
|
73. |
Instructs its President to forward this resolution to the European Parliament Policy Challenges Committee, the Commission, the European Council, the EIB, the ECB, the IMF, and the ACP-EU Joint Parliamentary Assembly. |
(1) OJ C 349 E, 22.12.2010, p. 40.
(2) Texts adopted, P7_TA(2010)0376.
(3) Texts adopted, P7_TA(2010)0336.
(4) Texts adopted, P7_TA(2010)0334.
(5) Texts adopted, P7_TA(2010)0337.
(6) Texts adopted, P7_TA(2010)0339.
(7) Texts adopted, P7_TA(2010)0335.
(8) Texts adopted, P7_TA(2010)0491.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/25 |
Tuesday 8 March 2011
Reducing health inequalities
P7_TA(2011)0081
European Parliament resolution of 8 March 2011 on reducing health inequalities in the EU (2010/2089(INI))
2012/C 199 E/04
The European Parliament,
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— |
having regard to Articles 168 and 184 of the Treaty on the Functioning of the European Union, |
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— |
having regard to Article 2 of the Treaty on European Union, |
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— |
having regard to Article 35 of the Charter of Fundamental Rights of the European Union, |
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— |
having regard to Article 23 of the Charter of Fundamental Rights of the European Union, which deals with equality between men and women in all areas, |
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— |
having regard to the Commission Communication entitled ‘Solidarity in health: reducing health inequalities in the EU’ (COM(2009)0567), |
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— |
having regard to Decision No 1350/2007/EC of the European Parliament and of the Council of 23 October 2007 establishing a second programme of Community action in the field of health (2008-13) (1), |
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— |
having regard to Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities (2), |
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— |
having regard to the Social Protection Committee Opinion on ‘Solidarity in health: reducing health inequalities in the EU’, |
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— |
having regard to the Council Conclusions of 8 June 2010 on ‘Equity and Health in All Policies: Solidarity in Health’, |
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— |
having regard to the report on the second joint assessment by the Social Protection Committee and the Commission of the social impact of the economic crisis and of policy responses, |
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— |
having regard to the Council Conclusions on ‘Common values and principles in European Union Health Systems’ (3), |
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— |
having regard to the Council Resolution of 20 November 2008 on the health and well-being of young people, |
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— |
having regard to the Final Report of the Commission on Social Determinants of Health (WHO, 2008), |
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— |
having regard to the opinion of the Committee of the Regions on ‘Solidarity in health: reducing health inequalities in the EU’ (4), |
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— |
having regard to its resolution of 1 February 2007 on Promoting Healthy Diets and Physical Activity: a European Dimension for the Prevention of Overweight, Obesity and Chronic Diseases (5) and its resolution of 25 September 2008 on the White Paper on Nutrition, Overweight and Obesity-related Health Issues (6), |
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— |
having regard to its resolution of 9 October 2008 on the White Paper entitled ‘Together for Health: A Strategic Approach for the EU 2008-2013’ (7), |
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— |
having regard to Rule 48 of its Rules of Procedure, |
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— |
having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on the Internal Market and Consumer Protection and of the Committee on Women’s Rights and Gender Equality (A7-0032/2011), |
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A. |
whereas universality, access to high-quality care, equity and solidarity are common values and principles underpinning the health systems in the EU Member States, |
|
B. |
whereas, while people live, on average, longer and healthier lives than previous generations, the EU is faced, in the context of an ageing population, with an important challenge, namely the wide disparities in physical and mental health which exist and are growing between and within EU Member States, |
|
C. |
whereas the difference in life expectancy at birth between the lowest and highest socioeconomic groups is 10 years for men and six years for women, |
|
D. |
whereas the gender dimension in terms of life expectancy is also a major issue to be addressed in the context of health inequalities, |
|
E. |
whereas, apart from genetic determinants, health is influenced above all by people’s lifestyles, by their access to healthcare services, including health information and education, disease prevention and treatment for short- and long-term illnesses; whereas lower socioeconomic groups are more susceptible to poor nutrition and to tobacco and alcohol dependency, all of which are major contributory factors in many diseases and conditions, including cardiovascular diseases and cancers, |
|
F. |
whereas inequalities in health between people in higher and lower educational, occupational and income groups have been found in all Member States, |
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G. |
whereas there is evidence of a gender dimension in malnutrition rates which suggests that women suffer more from malnutrition and that this inequality is exacerbated further down the socioeconomic scale, |
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H. |
whereas gender and age inequalities in biomedical research and the under-representation of women in clinical trials undermine patient care, |
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I. |
whereas the comparative measurement of health inequalities is a fundamental first step towards effective action, |
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J. |
whereas rates of morbidity are usually higher among those in low educational, occupational and income groups and substantial inequalities can also be seen in the prevalence of most specific forms of disability and of most specific chronic non-communicable diseases, oral diseases and forms of mental illness, |
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K. |
whereas the incidence of tobacco use among women, particularly young women, is rapidly rising, with devastating consequences for their future health; and whereas, in the case of women, smoking is aggravated by multiple disadvantage, |
|
L. |
whereas the Commission has noted that there is a social gradient in health status in all the EU Member States (Commission Communication of 20 October 2010 entitled ‘Solidarity in Health: Reducing Health Inequalities in the EU’); and whereas the World Health Organisation defines this social gradient as being the link between socioeconomic inequalities and inequalities in the areas of health and access to healthcare, |
|
M. |
whereas numerous projects and studies have confirmed that the onset of overweight and obesity in particular is characterised by early disparities linked to the socioeconomic environment and that the highest incidence rates of overweight and obesity are registered in lower socioeconomic groups; whereas this situation could lead to even greater health and socioeconomic inequalities owing to the increased risk of obesity-related diseases, |
|
N. |
whereas despite the socioeconomic and environmental progress that has led to an overall improvement in people’s health status over long periods, a number of factors, such as hygiene, living and working conditions, malnutrition, education, income, alcohol consumption and smoking, are still having a direct impact on health inequalities, |
|
O. |
whereas climate change is expected to result in a number of potential health impacts through increased frequency of extreme weather events, such as heat waves and floods, through changing patterns of infectious disease, and via increased exposure to ultraviolet radiation; whereas not all EU countries are equally prepared to address these challenges, |
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P. |
whereas health inequalities are not only the result of a host of economic, environmental and lifestyle-related factors, but also of problems relating to access to healthcare, |
|
Q. |
whereas health inequalities are also linked to problems in accessing healthcare, both for economic reasons (not so much for major treatment, which is dealt with correctly by the Member States, but rather for everyday treatment, such as dental and eye care) and as a result of poor distribution of medical resources in certain areas of the EU, |
|
R. |
whereas the dearth of medical professionals in certain parts of the EU and the fact that they can easily move to other parts of the EU is a real problem, and whereas this situation is resulting in major inequalities in terms of access to healthcare and patient safety, |
|
S. |
whereas people living in remote and island areas continue to have limited access to prompt and high-quality healthcare, |
|
T. |
whereas patients living with chronic diseases or conditions form a specific group which suffers inequalities in access to diagnosis and care, social and other support services, and disadvantages including financial strain, poor access to employment, social discrimination and stigma, |
|
U. |
whereas violence against women is a widespread phenomenon in all countries and among all social classes and has a dramatic effect on the physical and emotional health of women and children, |
|
V. |
whereas infertility is a medical condition recognised by the World Health Organisation which has a particular impact on women’s health, and whereas the UK National Awareness Survey has shown that over 94 % of women suffering from infertility also suffer from forms of depression, |
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W. |
whereas there are wide disparities between Member States in terms of access to fertility treatment, |
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X. |
whereas, according to Eurostat, the EU’s statistical office, unemployment across the 27 EU Member States reached 9,6 % in September 2010, and whereas the Council of the European Union’s Social Protection Committee, in its opinion of 20 May 2010, expressed concern that the present economic and financial crisis will adversely affect people’s access to healthcare and Member States’ health budgets, |
|
Y. |
whereas the current economic and financial crisis may have a severe impact on the healthcare sector in several EU Member States, on both the supply and the demand sides, |
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Z. |
whereas the restrictions due to the current economic and financial crisis, combined with the consequences of the forthcoming demographic challenge that the Union will have to face, could seriously undermine the financial and organisational sustainability of Member States’ healthcare systems, thus hindering equal access to care on their territories, |
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AA. |
whereas the combination of poverty and other forms of vulnerability, such as childhood or old age, disability or minority background, further increases the risks of health inequalities, and whereas, vice versa, ill health can lead to poverty and/or social exclusion, |
|
AB. |
whereas early years have lifelong effects on many aspects of health and well-being – from obesity, heart disease and mental health, to education, professional achievement, economic status and quality of life, |
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AC. |
whereas health inequalities have significant economic implications for the EU and for Member States; whereas losses linked to health inequalities have been estimated to cost around 1,4 % of GDP, |
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AD. |
whereas in many EU countries equitable access to healthcare is not guaranteed, either in practice or in law, for undocumented migrants, |
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AE. |
whereas cases still arise in the Member States of members of various social groups (for example, people with disabilities) being faced with obstacles to equal admission to healthcare establishments, which limits their access to health services, |
|
AF. |
whereas, with their ageing populations, the Member States are having to deal with problems relating to dependency and an increasing need for geriatric care and treatment; whereas a change in the approach to organising healthcare is therefore needed; and whereas inequalities relating to access to healthcare for elderly people are on the increase, |
|
1. |
Welcomes the key suggestions made by the Commission in its Communication entitled ‘Solidarity in health: reducing health inequalities in the EU’: (1) making a more equitable distribution of health part of our overall goals for social and economic development; (2) improving the data and knowledge bases (including measuring, monitoring, evaluation, and reporting); (3) building commitment across society for reducing health inequalities; (4) meeting the needs of vulnerable groups; and (5) developing the contribution of EU policies to the reduction of health inequalities; |
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2. |
Stresses the importance of healthcare services being provided in a manner consistent with fundamental rights; points to the need to maintain and improve universal access to healthcare systems and to affordable healthcare; |
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3. |
Points to the importance of improving access to disease prevention, health promotion and primary and specialised healthcare services, and reducing the inequalities between different social and age groups, and emphasises that these objectives could be achieved by optimising public spending on preventive and curative healthcare and targeted programmes for vulnerable groups; |
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4. |
Calls on the Commission and Member States to press ahead with their efforts to tackle socio-economic inequalities, which would ultimately make it possible to reduce some of the inequalities relating to healthcare; furthermore, on the basis of the universal values of human dignity, freedom, equality and solidarity, calls on the Commission and Member States to focus on the needs of vulnerable groups, including disadvantaged migrant groups and people belonging to ethnic minorities, children and adolescents, people with disabilities, with a special focus on mental illness, patients diagnosed with chronic diseases or conditions, older people, people living in poverty, and people affected by alcoholism and drug addiction; |
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5. |
Calls on the Member States to ensure that the most vulnerable groups, including undocumented migrants, are entitled to and are provided with equitable access to healthcare; calls on the Member States to assess the feasibility of supporting healthcare for irregular migrants by providing a definition based on common principles for basic elements of healthcare as defined in their national legislation; |
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6. |
Calls on the Member States to take account of the specific health protection needs of immigrant women, with particular reference to the guaranteed provision by health systems of appropriate language mediation services; those systems should develop training initiatives enabling doctors and other professionals to adopt an intercultural approach based on recognition of, and respect for, diversity and the sensitivities of people from different geographical regions; priority must also be given to measures and information campaigns to combat female genital mutilation, including severe penalties for those who practise it; |
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7. |
Calls on the EU and the Member States rapidly to find ways of combating ethnic discrimination, particularly in certain Member States where Council Directive 2000/43/EC has not been implemented and where women from ethnic minorities have little or no social protection or access to healthcare; |
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8. |
Calls on the Member States to promote access to high-quality legal advice and information in coordination with civil society organisations to help ordinary members of the public, including undocumented migrants, to learn more about their individual rights; |
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9. |
Emphasises that the economic and financial crisis and the austerity measures taken by Member States, in particular on the supply side, may lead to a reduction in the level of funding for public health and health promotion, disease prevention and long-term care services as a result of budget cuts and lower tax revenues, while the demand for health and long-term care services may increase as a result of a combination of factors that contribute to the deterioration of the health status of the general population; |
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10. |
Stresses that health inequalities in the EU represent a substantial burden to Member States and their healthcare systems and that the effective functioning of the internal market and strong and, if possible, coordinated public policies on prevention can contribute to improvements in this field; |
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11. |
Stresses that countering socio-economic factors such as obesity, smoking, etc., the accessibility of healthcare systems (jeopardised by the non-reimbursement of the cost of care and of medicines, inadequate prevention and the fragmentation of medical demography) and effective diagnosis should be considered key aspects of measures to combat health inequality and that, in addition, the accessibility and affordability of pharmaceutical treatments should also be regarded as a key aspect of individual people’s health; therefore calls on Member States to ensure that the Transparency Directive (89/105/EEC) is being properly implemented and that the conclusions from the 2008 Commission Communication on the Pharmaceutical Sector Inquiry are being appropriately addressed; |
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12. |
Stresses that healthcare is not and should not be regarded as a general good or service; |
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13. |
Calls on the Council and the Member States to evaluate and implement new measures to improve the effectiveness of their health expenditure, in particular by investing in preventive healthcare so as to reduce future longer-term costs and social burdens, and to restructure healthcare systems in order to provide equitable access to high-quality healthcare (in particular basic medical care) without discrimination throughout the EU, and encourages the Commission to study the use of existing European funds in order to further promote investment in health infrastructure, research and training and to promote and step up disease prevention; |
|
14. |
Calls on the Commission and the Member States to ensure that equitable access to healthcare and treatment options for older patients are included in their health policies and programmes and to make adequate access to healthcare and treatments for older people a priority for ‘2012 European Year for Active Ageing and Intergenerational Solidarity’; calls on the Member States to promote initiatives in order to tackle social isolation in elderly patients as it has a significant impact on patients’ longer-term health; stresses the need for the European Union and its Member States to anticipate, through an appropriate long-term strategy, the social and economic impact of the ageing of the European population, in order to guarantee the financial and organisational sustainability of healthcare systems, as well as equal and continued delivery of care for patients; |
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15. |
Calls on the Member States to improve their capacity to monitor closely, at national, regional and local levels, the health and social impact of the crisis; |
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16. |
Calls on the Commission to foster the pooling of experience in connection with health education, healthy lifestyle promotion, prevention, early diagnosis and appropriate treatments, in particular in relation to drinking, smoking, diet and obesity and drugs; calls on Member States to promote physical activity, good nutrition and ‘Healthy Schools’ programmes targeted at children, in particular in more disadvantaged areas, and to improve levels of personal, social and health education, with view to promoting healthier behaviour and encouraging positive lifestyle-related behaviour; |
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17. |
Encourages all the Member States to invest in social, educational, environmental and health infrastructure in line with the principle of ‘health in all policies’,while coordinating measures concerning the qualification, training and mobility of health professionals, thus guaranteeing the capacity and sustainability of the health infrastructure and workforce at both EU and national level; |
|
18. |
Emphasises that health inequalities in the Union will not be overcome without a common and overall strategy for the European health workforce, including coordinated policies for resource management, education and training, minimum quality and safety standards, and registration of professionals; |
|
19. |
Calls on the Member States to ensure that information on health, healthy lifestyles, healthcare, prevention opportunities, early diagnosis of diseases and suitable treatments is available in a form and in languages that everyone can understand, using new information and communication technologies, with particular reference to online health services; |
|
20. |
Calls on the Member States to promote the introduction of telemedicine technologies, which can significantly reduce geographical disparities in access to certain types of healthcare, with particular reference to specialist care, in particular in border regions; |
|
21. |
Calls on the Member States to promote public policies aimed at ensuring healthy life conditions for all infants, children and adolescents, including pre-conception care, maternal care and measures to support parents and, more particularly, pregnant and breast-feeding women, in order to ensure a healthy start to life for all newborns and avoid further health inequalities, thereby recognising the importance of investing in early child development and life course approaches; |
|
22. |
Calls on the Member States to ensure that all pregnant women and children, irrespective of their status, are entitled to and actually receive social protection as defined in their national legislation; |
|
23. |
Recalls the EU’s obligation, under the UN Convention on the Rights of Persons with Disabilities, to guarantee the right of persons with disabilities to the highest attainable standard of health without discrimination on the grounds of disability; insists that the inclusion of disability in all relevant health measurement indicators is a key step towards meeting this obligation; |
|
24. |
Calls on the EU and the Member States to include the health status of women and the question of ageing (older women) as factors in gender mainstreaming and to use gender budgeting in their health policies, programmes and research, from the development and design stage through to impact assessment; calls on the EU-funded framework research programmes and public funding agencies to include a gender impact assessment in their policies and to provide for the compilation and analysis of gender- and age-specific data with a view to identifying key differences between women and men in relation to health, in order to support policy change, and to introduce and collate epidemiological tools to analyse the causes of the life-expectancy gap between men and women; |
|
25. |
Considers that the EU and the Member States should guarantee women easy access to methods of contraception and the right to safe abortion; |
|
26. |
Calls on the Commission to provide the Member States with examples of good and best practices to encourage more uniform access to fertility treatment; |
|
27. |
Urges the EU and the Member States to focus on women’s human rights, in particular by preventing, banning and prosecuting those guilty of the forced sterilisation of women and female genital mutilation; |
|
28. |
Calls on the EU and the Member States to recognise male violence against women as a public health issue, whatever form it takes; |
|
29. |
Calls on the EU and the Member States to take the necessary measures, in relation to access to assisted reproductive technologies (ART), to eliminate discrimination against women on the grounds of marital status, sexual orientation or ethnic or cultural origins; |
|
30. |
Calls on the Member States to follow the World Health Organisation in recognising obesity as a chronic disease and thus to provide access to obesity-prevention programmes and guarantee access to treatment with proven evidence of a positive medical outcome for persons suffering from obesity who require medical treatment, also with a view to preventing the onset of further diseases; |
|
31. |
Calls on the EU and the Member States to mainstream gender into tobacco control, as recommended by the WHO Framework Convention on Tobacco Control, and to introduce anti-smoking campaigns targeting young girls and women; |
|
32. |
Calls on the Member States to encourage and support medical and pharmaceutical research into illnesses that primarily affect women, with reference to all phases of their lives and not only their reproductive years; |
|
33. |
Calls on the Member States to solve problems of inequality in access to healthcare that affect people’s everyday lives, for example in the areas of dentistry and ophthalmology; |
|
34. |
Suggests that the EU and the Member States introduce coherent policies and supportive measures aimed at women who do not work or who hold jobs in sectors where they are not covered by personal health insurance and seek ways of providing such women with insurance; |
|
35. |
Urges the Commission, in the context of its collaboration with the competent authorities of the Member States, to promote best practices on pricing and reimbursement of the cost of medicines, including workable models for pharmaceutical price differentiation so as to optimise affordability and reduce inequalities in access to medicines; |
|
36. |
Recalls that the adoption of a European patent, with appropriate language arrangements and a unified dispute-settlement system, is crucial for the revitalisation of the European economy; |
|
37. |
Notes that the work already done in the Committee on the Internal Market and Consumer Protection with regard to product safety and advertising, among other subjects, has helped to address certain aspects of health inequality in the EU, and, in that connection, stresses the importance of closely monitoring the information which pharmaceuticals firms provide to patients, particularly the most vulnerable and least well-informed groups, and the need for an effective and independent system of pharmacovigilance; |
|
38. |
Calls on the Member States to adapt their health systems to the needs of the most disadvantaged by developing methods for setting the fees charged by healthcare professionals which guarantee access to care for all patients; |
|
39. |
Urges the Commission to do its utmost to encourage Member States to offer reimbursements to patients and to do everything necessary to reduce inequalities in access to medication for the treatment of those conditions or illnesses, such as post-menopausal osteoporosis and Alzheimer’s Disease, which are not reimbursable in certain Member States, and to do so as a matter of urgency; |
|
40. |
Emphasises that, in addition to national governments, in many countries regional authorities play an important role in public health, health promotion, disease prevention and the provision of health services and thus need to be actively involved; points out that regional and local governments and other stakeholders also have a vital contribution to make, including within workplaces and schools; in particular as regards health education, the promotion of healthy lifestyles, effective disease prevention and early screening and diagnosis of diseases; |
|
41. |
Calls on the Member States to support a ‘local care approach’ and to provide integrated healthcare, accessible at local or regional level, enabling patients to be better supported in their own local and social environment; |
|
42. |
Encourage all the Member States to re-evaluate their policies on matters which have a significant impact on health inequalities, such as tobacco, alcohol, food, pharmaceuticals and public health and healthcare delivery; |
|
43. |
Encourages the Member States to develop partnerships in border regions in order to share the cost of infrastructure and personnel and reduce inequalities with regard to health, particularly in respect of access to state-of-the-art equipment; |
|
44. |
Asks the Commission to study the effects of decisions based on national and regional assessments of the effectiveness of medicines and medical devices on the internal market, including in terms of patient access, innovation in new products and medical practices, which are some of the main elements affecting health equality; |
|
45. |
Considers that the implementation of Directive 2011/24/EU on Patients’ Rights in Cross-Border Healthcare should be followed by impact assessments in order to measure as accurately as possible its effectiveness in combating health inequalities and to ensure that it maintains an adequate level of public protection and safeguards patient safety, particularly in terms of the geographical allocation of medical resources, both human and material; |
|
46. |
Notes that high-quality and efficient cross-border healthcare calls for increased transparency of information for the public, patients, regulators and healthcare providers on a wide range of issues, including patients’ rights, access to redress and the regulation of healthcare professionals; |
|
47. |
Deplores the fact that the directive on cross-border healthcare was not accompanied by a legislative proposal on the mobility of healthcare professionals, taking into account the risk of a ‘brain drain’ within the EU, which would dangerously increase the geographical inequalities in certain Member States, and calls on the Commission to remedy this failure, possibly in the context of the future revision of the directive on professional qualifications (2005/36/EC); |
|
48. |
Urges the Member States to implement fully the existing Professional Qualifications Directive (2005/36/EC); with regard to the complexity of medical qualifications, encourages the Commission, in its evaluation and review of the directive, to address some of the regulatory gaps that have the potential to leave patients vulnerable to harm and compromise their right to safe treatment; invites the Commission, further, to consider whether to make registration with the IMI System mandatory for competent authorities and improve the extent to which competent authorities can proactively share disciplinary information about healthcare professionals by creating an appropriate alert mechanism; |
|
49. |
Urges the Commission, in its forthcoming legislative proposal on professional qualifications, to move towards a strengthened mechanism for the recognition of qualifications in the Member States; |
|
50. |
Points out that increased innovation often leads to greater accessibility of treatment, which is particularly relevant for isolated or rural communities; |
|
51. |
Calls on the Commission to foster, in conjunction with the Member States, the development of telemedicine services as a means of reducing geographical disparities in healthcare provision at both regional and local levels; |
|
52. |
Calls on the Council and the Commission to give greater recognition within the Europe 2020 strategy to the fact that physical and mental health and well-being are key to fighting exclusion, to include comparative indicators stratified by socio-economic status and the state of public health in the procedures for monitoring the Europe 2020 strategy, and to take account of age-based discrimination, in particular in relation to clinical trials for treatments better suited to the needs of elderly people; |
|
53. |
Considers that the EU and the Member States must support civil-society and women’s organisations that promote women’s human rights, including their sexual and reproductive rights, the right to a healthy lifestyle and the right to work, with a view to ensuring that women have a voice on European and national health policy issues; |
|
54. |
Encourages all the Member States to foster and build capacity and international exchanges and cooperation between all relevant multi-sectoral stakeholders in developing and implementing policies that reduce health inequalities; |
|
55. |
Calls on the Member States to support and implement a joined-up approach to policy-making at local, regional and national level, thereby striving towards a Health in All Policies Approach (HiAP); |
|
56. |
Calls on the Commission and the Member States to develop a common set of indicators to monitor health inequalities by age, sex, socio-economic status and geographic location and the risks resulting from alcoholism and drug addiction, and to establish a methodology for auditing the health situation in Member States with the aim of identifying and prioritising areas in need of improvement and best practices; |
|
57. |
Stresses that health inequalities are rooted in social inequalities in terms of living conditions and models of social behaviour linked to gender, race, educational standards, employment and the unequal distribution not only of income but also of medical assistance, sickness prevention and health promotion services; |
|
58. |
Stresses that health risks to members of disadvantaged (poorer) social categories are what is behind the problem of health inequalities, bearing in mind that these risks are being aggravated by a combination of poverty and other vulnerabilities; |
|
59. |
Calls on the Commission to ensure that the tasks of reducing health inequalities and improving access to physical and mental health services are fully addressed and integrated into its current initiatives, such as the Partnership on Healthy and Active Ageing and the EU Platform against Poverty and Social Exclusion, and into future initiatives on early childhood development and youth policies focusing on education, training and employment; |
|
60. |
Calls for better coordination between the EU agencies which have a major role to play in combating health inequalities, in particular between the European Foundation for the Improvement of Living and Working Conditions, the European Centre for Disease Prevention and Control and the European Agency for Health and Safety at Work; |
|
61. |
Calls on the Commission to assist Member States in making better use of the Open Method of Coordination in order to support projects to address factors underlying health inequalities; |
|
62. |
Calls on the Commission to develop ways to engage and involve all the relevant stakeholders at European level in promoting the uptake and dissemination of good practice in the public health sphere; |
|
63. |
Draws attention to the particular importance, among the various health determinants, of a varied, high-quality diet, and, in that connection, urges the Commission to make greater use of the effective programmes established under the CAP (free distribution of milk and fruit in schools and of food to the most deprived groups); |
|
64. |
Calls on the Member States to create a network of specific social, health and counselling services, with dedicated telephone helplines, for women, couples and families, with the aim of preventing domestic violence and providing qualified professional help and support for those needing it, in cooperation with the other bodies in the field; |
|
65. |
Calls on the Commission to assist Member States in making better use of EU cohesion policy and structural funds in order to support projects that contribute to addressing the social determinants of health and reducing health inequalities; calls, further, on the Commission to help Member States make better use of the PROGRESS programme; |
|
66. |
Urges the Member States to stop the current cuts in public spending on health services which play a pivotal role in providing a high level of health protection for women and men; |
|
67. |
Calls on the Commission to mainstream an approach based on the economic and environmental determinants of health and on ‘equity and health in all policies’ when developing all internal and external EU policies, especially with a view to achieving the Millennium Development Goals, and in particular good maternal health; |
|
68. |
Urge all the Member States to recognise the importance of health for society and to look beyond a GDP-based approach when measuring societal, community and individual development; |
|
69. |
Calls on the Council to promote efforts to tackle health inequalities as a policy priority in all Member States, taking into account the social determinants of health and lifestyle-related risk factors, such as alcohol, tobacco and nutrition, by means of actions in policy areas such as consumer policy, employment, housing, social policy, the environment, agriculture and food, education, living and working conditions and research, in keeping with the ‘health in all policies’ principle; |
|
70. |
Calls on the Commission to support actions financed under the current and future Public Health Action Plans to address the social determinants of health; |
|
71. |
Calls on the Commission to draw up guidelines to improve the mechanisms to monitor inequalities in health across the EU (between and within Member States) by enhancing data collection by compiling more systematic and comparable information that complements existing data on health inequalities and by means of regular monitoring and analysis; |
|
72. |
Asks the Commission to consider drafting a proposal for a Council recommendation, or any other appropriate Community initiative, aimed at encouraging and supporting the development by Member States of integrated national or regional strategies to reduce health inequalities; |
|
73. |
Calls on the Commission to assess, in its progress reports, the effectiveness of measures to reduce health inequalities and improvements in health resulting from policies relating to the social, economic and environmental determinants of health; |
|
74. |
Calls on the Commission to apply the HiAP approach to EU-level policy-making and carry out effective impact assessments that take health equity outcomes into account; |
|
75. |
Argues that open, competitive and properly functioning markets can stimulate innovation, investment and research in the healthcare sector, and recognises that this must be accompanied by strong financial support for public research in order to further develop sustainable and effective healthcare models and to promote the development of new technologies and their applications in this field (e.g. telemedicine), and by a common health technology assessment methodology, all of which should benefit every individual, including those from lower socioeconomic backgrounds, whilst taking into account the ageing of the population; |
|
76. |
Calls on the Commission and the Member States to support public information and awareness-raising programmes and step up dialogue with civil society, the social partners and NGOs regarding health and medical services; |
|
77. |
Regards it as essential to increase the number of women involved in the development of healthcare policies, programme planning and the provision of healthcare services; |
|
78. |
Instructs its President to forward this resolution to the Council and the Commission. |
(1) OJ L 301, 20.11.2007, p. 3.
(2) OJ L 23, 27.1.2010, p. 35.
(3) OJ C 146, 22.6.2006, p. 1.
(4) OJ C 232, 27.8.2010, p. 1.
(5) OJ C 250 E, 25.10.2007, p. 93.
(6) OJ C 8 E, 14.1.2010, p. 97.
(7) OJ C 9 E, 15.1.2010, p. 56.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/37 |
Tuesday 8 March 2011
Cooperating with developing countries on promoting good governance in tax matters
P7_TA(2011)0082
European Parliament resolution of 8 March 2011 on Tax and Development – Cooperating with Developing Countries on Promoting Good Governance in Tax Matters (2010/2102(INI))
2012/C 199 E/05
The European Parliament,
|
— |
having regard to its resolution of 10 February 2010 on Promoting Good Governance in Tax Matters (1), |
|
— |
having regard to the Communication from the Commission on Tax and Development - Cooperating with Developing Countries on Promoting Good Governance in Tax Matters (COM(2010)0163), |
|
— |
having regard to its resolution of 25 March 2010 on the effects of the global financial and economic crisis on developing countries and on development cooperation (2), and having regard to the Declaration of Monterrey (2002), the Conference on Financing for Development in Doha (2008), the Paris Declaration (2005) and the Accra Agenda for Action (2008) whereby capital flight and illicit financial flows were explicitly identified as a major obstacle to mobilisation of domestic revenue for development, |
|
— |
having regard to its resolution of 15 June 2010 on progress towards the achievement of the Millennium Development Goals: mid-term review in preparation of the UN high-level meeting in September 2010 (3), |
|
— |
having regard to the G20 summit held in Seoul on 11-12 November 2010, and the initiative to strengthen international cooperation with developing countries to fight tax evasion and avoidance, launched by the German Ministry for Economic Cooperation and Development, referred to as the ‘International Tax Compact’ (ITC), |
|
— |
having regard to the conclusions of the International Conference on Taxation in Pretoria on 29 August 2008, |
|
— |
having regard to the conclusions of the London G20 Summit of 2-3 April 2009, |
|
— |
having regard to the Leaders’ Statement issued following the Pittsburgh G20 Summit of 24 and 25 September 2009 and its resolution of 8 October 2009 thereon (4), |
|
— |
having regard to its resolution of 24 April 2009 on the London G20 Summit of 2 April 2009 (5), |
|
— |
having regard to its resolution of 14 November 2007 on the draft Commission regulation amending Regulation (EC) No 1725/2003 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Standard (IFRS) 8, concerning disclosure of operating segments (6), |
|
— |
having regard to the Norwegian Government Commission Report ‘Tax Havens and Development’ of June 2009, |
|
— |
having regard to Rule 48 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Development and the opinions of the Committee on Economic and Monetary Affairs and the Committee on International Trade (A7-0027/2011), |
|
A. |
whereas the strengthening of the tax system is one of the principal challenges faced by developing countries to achieve MDGs, |
|
B. |
whereas taxation can be a reliable and sustainable source of development finance if there is a progressive taxation regime, an effective and efficient tax administration to promote tax compliance, and transparent and accountable use of public revenue, |
|
C. |
whereas developing countries face important challenges in raising tax revenues due to insufficient human and financial resources to collect taxes, weak administrative capacity, corruption, lack of legitimacy of the political system, an uneven distribution of revenues and poor tax governance, |
|
D. |
whereas the major forms of illicit financial flows and capital flight especially include: transfer mispricing between countries to attract FDI, round-tripping, double-dipping, bulk cash movements, opaque and disadvantageous investment protocols and smuggling, |
|
E. |
whereas off-shore centres and tax havens facilitate an annual illicit capital flight of US$1 trillion; whereas these illicit monetary outflows are roughly ten times the amount of aid money going into developing countries for poverty alleviation and economic development, |
|
F. |
whereas tax havens that offer secrecy rules and fictional domiciles combined with ‘zero tax’ regimes in order to attract capital and revenues that should have been taxed in other countries generate harmful tax competition, |
|
G. |
whereas tax competition has resulted in a shift of the tax burden to workers and low-income households and has forced damaging cutbacks in public services in poor countries, |
|
H. |
whereas tax fraud in developing countries leads to an annual loss of tax revenue corresponding to ten times the amount of injected development aid from developed countries, |
|
I. |
whereas the possibility of enhancing domestic resource mobilisation is further affected by the global context of liberalisation of international markets, entailing the replacement of customs revenues with other domestic resources; whereas IMF research shows that while rich countries have managed to offset the decline of trade taxes as a principal source of income with other sources of revenue, notably VAT, the poorest countries have at best replaced about 30 % of lost trade taxes (7), |
|
J. |
whereas the ‘mapping survey’ led by the ITC demonstrates that further donor coordination is needed in the area of taxation and development, |
|
K. |
whereas the existence of a large informal sector in the economy is holding back the mobilisation of domestic resources, |
|
L. |
whereas many developing countries are missing out on the commodity boom by failing to receive a decent share of mineral royalties which are justified, |
|
M. |
whereas many developing countries do not even attain a minimum tax level which would be necessary to fund public services and international commitments like poverty reduction, |
|
N. |
whereas tax provides a source of income that is potentially more stable and sustainable than aid flows and fosters the ownership of the respective countries in a better way, |
|
O. |
whereas reporting on a consolidated basis often makes it difficult to identify companies to be taxed and to determine the right tax level due to their complex corporate structures and the distribution of economic activity between them, |
|
P. |
whereas so-called vulture funds, often based in tax havens, increasingly buy up the debt of developing countries at a huge discount and afterwards sue for the original amount of debt (frequently with interest and penalty fees) and in doing so, restrict to a substantial degree the extent to which developing countries can act thanks to their additional tax revenues, |
|
Q. |
whereas there are no laws that cap the amount of profits that a vulture fund can collect through litigating against developing countries to collect default debt and whereas there are no regulatory structures that disclose who vulture funds are and also how much they paid for this debt that was previously considered worthless, |
|
R. |
whereas in many developing countries there exist multiple corporate income tax rates based not only on income and dividends, but also on business sectors, meaning that the sectoral allocation of resources is distorted by differences in tax rates, |
|
S. |
whereas tax compliance should be defined as seeking to pay at the right place, at the right time, where ‘right’ means that the economic substance of the transactions undertaken coincides with the place and form in which they are reported for taxation purposes, |
The importance of taxation for meeting the MDGs
|
1. |
Agrees with the Commission that efficient and fair tax systems are crucial for poverty reduction, good governance and state-building; |
|
2. |
Welcomes the Commission’s initiative to strengthen the capacities of good tax governance for development and sees the need for a regulatory framework designed to support international tax cooperation, transparency, public and private sector development and economic growth; |
|
3. |
Highlights that tax-to-GDP ratios in developing countries range between 10 and 20 %, as opposed to between 25 and 40 % in developed countries; regrets that too little support has been given so far by donors to tax-related assistance; in this context, welcomes the Commission’s proposal to provide enhanced support for assisting developing countries in tax reforms and strengthening tax administrations regarding EDF for ACP States, the Development Cooperation Instrument and the ENP and Partnership Instrument, and support for national supervisory bodies, parliaments and non-state actors; |
|
4. |
Notes that more emphasis should be placed on efforts to undertake capacity building within developing countries in order to help them make effective use of the exchange of information and effectively counter tax evasion with their own, internal, legislation; |
Difficulties encountered by developing countries in raising tax revenues
|
5. |
Notes with concern that the tax system in many poor countries remains characterised by extremely narrow tax bases, tax exemptions for the elite, corporate tax holidays providing a strong incentive for tax avoidance, as taxed enterprises can enter into economic relationships with exempt ones to shift their profits, massive revenues from natural resources going unaccounted for, and large illicit capital flows related to massive tax evasion; |
|
6. |
Stresses that tax revenue must not be regarded as an alternative to foreign aid, but rather as an integral part of public revenue facilitating these countries’ development; |
|
7. |
Points out that efficient, progressive and equitable taxation systems are crucial for development as they contribute to financing the provision of public goods and to state building and good governance, that the goal of poor countries must be to replace foreign aid dependency with tax self-sufficiency, and that tax evasion and avoidance are, however, hampering these goals in development; |
|
8. |
Deplores the fact that tax havens weaken democratic governance, make economic crime more profitable, encourage rent-seeking and increase the inequitable distribution of tax revenues; urges the EU to make the fight against tax havens and corruption a top priority of the agenda in international finance and development institutions; |
|
9. |
Points out that tax evasion represents a considerable financial loss for developing countries, and that measures to combat tax havens and tax evasion are one of the priorities for the EU with a view to providing developing countries with effective help in gaining access to their tax revenues; recalls the need to take the appropriate measures in that respect at European and international level, in accordance with the commitments given, in particular, by the G20; |
|
10. |
Recalls that, while the positive impact of EPAs will be felt only in the medium to long term, losses of revenue are an immediate consequence of reductions in customs tariffs; |
|
11. |
Underlines that further attention should be paid to difficulties encountered by developing countries in raising domestic revenues in a globalised context, multiple exemptions being granted to large domestic and foreign companies in order to attract investments; calls on the EU to help developing countries in building up tax systems that allow them to benefit from the process of globalisation; |
|
12. |
Stresses that the poorest countries are having difficulties in compensating for the decline in trade taxes resulting from the current global context of trade liberalisation, by replacing them with other types of domestic resources, since at best about 30 % of lost trade taxes have been replaced; |
|
13. |
Stresses that tax havens, by increasing competition for mobile capital, encroach upon the sovereignty of developing countries to tax income from capital as a means to widen the tax base, while they already have a narrower tax base than rich countries; |
|
14. |
Recalls that asymmetry of information, which results from tax havens’ secrecy rules, reduces the efficiency of international financial markets, since it has led to higher risk premiums and thereby increased borrowing costs for both rich and poor countries; |
|
15. |
Recognises that the qualitative and quantitative improvement in developing countries’ domestic revenue mobilisation will bear fruit over the long term; calls on the European Union to maintain its offer of assistance in all its forms for as long as the developing countries consider it necessary for the financing of their own development; |
Supporting effective, efficient, fair and sustainable tax systems
|
16. |
Reiterates that good governance and the quality of institutions represent the most important driver for economic prosperity; accordingly, urges the Commission to assist the tax authorities, the judiciary and the anticorruption agencies in developing countries in their efforts to build up a progressive and sustainable tax system that will eventually bring a ‘governance dividend’ through increased legitimacy and accountability, and to effectively integrate the principles of good governance in tax matters into the programming, implementation and monitoring of country and regional strategy papers; urges Member States to implement their commitments regarding their aid for tax and to combat bribery committed by companies domiciled in their jurisdictions but which have operations in developing countries; recommends that the Commission include national parliaments of the developing countries in the budgetary process, thereby fostering a harmonious relationship and promoting greater transparency in this process; |
|
17. |
Points out that good governance in tax matters cannot be exported or imposed from outside, and that it is up to each of the countries to decide its own tax policy; in that context, calls on the Commission and the national governments not to hamper, and to cooperate with, any countries which opt, consistently and fairly, for an increase in taxation that affects foreign undertakings present on their territory, particularly those operating in the field of extraction of primary resources, which is an important source of wealth in developing countries; |
|
18. |
Calls on the Commission to include a tax governance clause, including monitoring of its implementation, in relevant agreements between the EU and third countries; |
|
19. |
Points out that the decline in customs resources brought about in particular by Economic Partnership Agreements with the European Union is having a negative impact on the financial resources immediately available to developing countries; in that context, and to compensate for those losses, calls on the Commission to encourage developing countries, as part of any assistance given to improve their national tax systems, to give priority to progressive direct taxes over indirect taxes, particularly those levied on consumption, which, by their nature, hit low-income population groups harder; |
|
20. |
Calls for the systematic implementation, in the framework of Economic Partnership Agreements (EPAs), of measures to support tax reforms, in the form of both material assistance (IT systems) and organisational assistance (legal and tax training for tax authority staff), if requested by a developing country; emphasises the need to make a special effort with African countries, which still do not receive long-term assistance on taxation matters; |
|
21. |
Reaffirms the need to enhance the degree of coherence between the European Union’s development policy and its trade policy; recalls that, while the crisis may have exacerbated the volatility of commodity prices and caused a decrease in capital flows to developing countries, the European Union as a whole, including its Member States, remains the leading development aid donor, accounting for 56 % of the worldwide total, worth EUR 49 billion in 2009; stresses that, in this context, it ought to be a priority for developing countries to put in place an efficient tax system so as to reduce their dependence on foreign aid and other, unpredictable, external financial flows; |
|
22. |
Calls for coherence between EU financial support and the provision of access to EU markets for particular countries and for their level of cooperation with regard to the principles of good governance in the area of taxation to be enforced; |
|
23. |
Welcomes the regional initiative on tax cooperation to enable developing countries to discuss the role of taxation in state-building and capacity development and to share best practices on tax administration; |
|
24. |
Recalls that the main challenge for poor countries is to broaden the tax base; points out that among other factors the decline of trade taxes has led to the introduction of consumption taxes (VAT or energy taxes); considers that even if VAT can enable the widening of the tax base in economies with large informal sectors, the non-discriminatory nature of VAT hits poor people the hardest; believes that EU development assistance should prioritise initiatives to improve the effectiveness and transparency of tax systems, e.g. by investigating ways in which developing countries can broaden their tax base/tax revenue stream through direct and indirect taxation; |
|
25. |
Recalls that the objective of expanding trade with the developing countries must be to promote the sustainable economic growth and the development of these countries; notes that the abolition of customs duties will inevitably entail a loss of customs revenue and must therefore be subject to tighter supervision, be more gradual and go hand in hand with the implementation of tax reforms which harness alternative forms of revenue to make up the shortfall (VAT, property tax, income tax); |
|
26. |
Notes with concern that billions of dollars per year left the African continent between 1991 and 2004; in particular, underlines that these outflows are estimated at 7,6 % of the annual GDP of the region, which makes African countries net creditors of donor countries; considers that ODA and debt relief provided by developed countries will only be effective if concrete measures are taken equally by the G20, the OECD and the EU to ensure that the potential tax base of developing countries is not undermined through tax evasion; encourages in this context the UN and the OECD, in close cooperation with the African Tax Administration Forum, to pursue their work in this area; |
|
27. |
Insists that the appropriate means of devising alternative sources of revenue collection should be supportive of and not discourage innovation, entrepreneurship and the creation of SMEs, strengthening ownership and local development; |
|
28. |
Underlines that the administrative costs, especially for a multiple-rate VAT system, might be to too high for developing countries whose tax authorities are not equipped with the necessary financial and human resources, and should therefore be carefully scrutinised; believes that in such cases excise duties should be highly selective, narrowly targeting a few goods mainly on the grounds that their consumption entails negative externalities on society, demand for which is usually inelastic (tobacco, alcohol etc.); calls in case of limitation also for the identification and taxation of those companies which may account for increased tax revenue (for example those engaged in the extraction of raw materials); |
|
29. |
Stresses that an important requirement to increase direct taxation should be bringing the informal sector into the formal economy and improving the business environment; |
|
30. |
Underlines that, in the global context of tax competition, developing countries derive a larger part of their tax revenues from capital and have little possibility to collect alternative taxes; notes that the decline in tax revenues because of that competition should be addressed by broadening the tax base or by abstaining from that competition altogether if convenient and if other factors like good governance, legal security and avoidance of nationalisation are jeopardised in the competition process for FDI; points out that low-income countries need the capacity to effectively negotiate with multinational corporations in order to secure an equitable share of corporations’ profits and recalls that they should have adequate policy space to impose capital controls as the right to collect and redistribute tax revenues is a key criterion for the sovereignty and legitimacy of states and therefore a prerequisite for good governance; |
|
31. |
Points out that the French Government has commissioned research on the topic of political incentives for taxation, but more is needed; therefore asks the Commission to study whether different approaches to transferring aid, e.g. grants versus loans, could help to limit or offset the potentially negative effects of aid on revenue raising and whether budget support and related improvements in transparency and effectiveness of public expenditure management contribute over the longer term to increased willingness of citizens to pay tax; |
|
32. |
Notes that too little attention has been paid to how governments can use tax policies to reduce inequalities in income and well-being by minimising existing gender differences in tax liabilities; |
|
33. |
Calls for concentration on the principles of neutrality, equality and simplicity with regard to tax systems in developing countries, which should be achieved by:
|
|
34. |
Considers it necessary for the OECD to draw up new guidelines on transfer pricing, an essential way of preventing certain multinationals from transferring their profits to the countries with the most favourable tax regimes and ensuring that they pay their taxes in the countries – including developing countries – where they have actually generated their profits; |
|
35. |
Considers that a system of low-rate taxation of low and medium incomes founded on a broader tax base and excluding all discretionary tax exemptions and preferences, including for the extractive industries, is indispensable; emphasises the need for public investment in projects with a positive local impact in economic, social and environmental terms, whilst not creating any opportunities for any form of fiscal dumping; |
Working towards a transparent, cooperative and fair international tax environment
Trade mispricing
|
36. |
Stresses that trade mispricing is one of the most prominent drivers of illicit financial outflows; calls on the Commission to contribute to enhancing public expertise on such issues in developing countries, and to work upon concrete proposals to ensure that the G20, the OECD, the UN and the WTO consider a broader set of indicators and methods for tackling trade mispricing, among which are the US ‘comparable profit methods’ that have shown promise in determining the incorrect pricing of transactions; |
|
37. |
Calls for action against illegitimate transfer price manipulation (TPM) and for a review of global tax rules which go beyond the comparable profits method, in case there are other more promising alternatives which address the problem of mispricing more effectively; stresses that the EU, the G20, the EU and the WTO in general should concentrate their efforts on approaches that rely on the so-called arm’s length principle (ALP), stating that tax-relevant transactions must be subject to the same conditions as those which would be made between independent enterprises; |
|
38. |
Urges the EU to defend within the G20 and OECD the principle of the automatic exchange of information on tax matters along the lines of the EU Savings Tax Directive, as a way to curb illicit financial flows in secrecy jurisdictions; |
|
39. |
Calls for the introduction of a tax on financial transactions, the revenue from which would improve the functioning of the market by reducing speculation and help to finance global public goods such as development and the fight against climate change, and reduce public deficits; calls on the Commission to swiftly produce a feasibility study taking into account the global level playing field and, if appropriate, to come forward with concrete legislative proposals; |
|
40. |
Proposes the inclusion of a specific provision related to good tax governance in the review of the Cotonou Agreement; |
|
41. |
Calls on the EU Member States, under their bilateral assistance programmes, to take similar measures; |
Extractive industries
|
42. |
Urges the development of initiatives to promote greater transparency in natural resource rents, inter alia through the OECD Anti-Bribery Convention and the Extractive Industries Transparency Initiative; welcomes the adoption of the Congo Conflict Minerals and Transparency Amendments to the Financial Regulatory Reform Bill and asks the Commission to propose a legislative initiative along the same lines without diminishing the responsibility of governments in the developing world, and without placing an undue bureaucratic burden on companies, as that has already been criticised by stakeholders in the developing world and could prove counterproductive; |
|
43. |
Stresses that exploitation of natural resources should be pursued in order to help a country meet its broader social and economic goals, which, for governments in developing countries, means outlining a vision, if so desired together with international stakeholders and expertise, of how the resource sector fits into the country’s economic future; considers that for some countries the best use of resource endowments may be to leave them in the ground for future use while for others, it may be to extract rapidly, as an intermediary source of domestic revenue, in order to generate revenues to sustain the investment necessary for growth and to meet urgent human needs; |
|
44. |
Points out that developing countries should be equal partners in the discussion and adoption of new initiatives in the sector of resource extraction; stresses that new arrangements in this field should take the form of generalised international standards in order to avoid the creation of another patchwork of regulations which would be counterproductive from the point of view of governments, tax administration and international companies; |
|
45. |
Stresses that the proposals of the Commission and non-governmental transparency initiatives for the sector of extractive industries, e.g. the Natural Resource Charter, the Equator Principles and the Guidelines for Investors and Companies by ‘Critical Resource’, are in effect pro-business; they produce legal security and sustainable long-term partnerships and act as safeguards against renationalisation, reopening of negotiations or expulsion; notes that there are problems to be addressed as well, for instance the fact that businesses may have to disclose commercially sensitive information which puts them at a competitive disadvantage, or that some agreements with governments are based on information being kept secret; |
|
46. |
Notes that resource rents should always be seen as an intermediary means to increase domestic revenue; points out that success in taxation of resources often brings advances in direct taxes, such as corporate income taxes, and non-tax revenues, such as royalty fees; |
|
47. |
Points out that a large number of rentier states, which benefit from abundant resource rents, particularly those from oil and minerals, have little incentive to be accountable, responsive or efficient; reiterates that strong institutional and democratic control mechanisms are crucial for combating economic crime; in particular, calls on the Commission to step up its development assistance on the formulation of contracts between multinational companies and developing countries on resource exploitation issues; |
|
48. |
Calls on the Commission and the Council to engage more with the Extractive Industries Transparency Initiative, through provision of finance and participation in its governing body; |
|
49. |
Recalls that the quality of financial reporting is crucial to combat tax evasion effectively; considers that country-by-country reporting is of the utmost importance for extractive industries, but recalls that it would equally be beneficial for investors in all sectors, thereby contributing to good governance globally; therefore asks the Commission to promote the inclusion of a requirement within the International Financial Reporting Standard of the IASB that multinational corporations report their income and tax paid on a country-by-country basis; recalls that this request is consistent with the need to improve the corporate social responsibility of multinational enterprises; calls on the Commission to integrate country-by-country reporting in its reform of accounting directives; |
|
50. |
Calls for the introduction of country-by-country financial reporting obligations for cross-border companies, including pre- and post-tax profits, with the aim of enhancing transparency and access to relevant data for tax administrations; takes the view that, in order to ensure that all sectors and all companies are uniformly covered, the EU should introduce the principle as part of the upcoming revisions of the transparency directive and the EU accounting directives, while at the international level the Commission should exert pressure on the IASB swiftly to develop the corresponding comprehensive standard; calls once again on the Commission to report back to Parliament on the outcome of its public consultation and on its discussions with the IASB within the next six months; |
|
51. |
Underlines the importance of country-by-country reporting and requests that negotiations in this field be intensified:
|
Improving donor coordination
|
52. |
Takes note of the finding of the ITC ‘Mapping Survey’ that further donor coordination in the area of taxation and development is needed; encourages the Commission to take initiatives along these lines and to step up its support for multilateral and regional initiatives, such as the African Tax Administration Forum and the Inter-American Centre of Tax Administrations; |
Improving the international architecture to combat tax havens
|
53. |
Stresses that conventional ODA will fail to eradicate global poverty if no ambitious measures are taken within the G20, the OECD and the EU to clamp down on tax havens and harmful tax structures; |
|
54. |
Notes that, since the G20 Summit of 2 April 2009, offshore financial centres have committed to OECD standards on transparency and exchange of information; notes however that the harmful structures of tax havens still prevail; calls once more for action beyond the OECD framework to combat tax havens in view of their various shortcomings; in this respect, reiterates its concerns about the fact that the OECD international standards require exchange of information on request but that there is no automatic exchange of information along the lines of the Savings Tax Directive; likewise criticises the fact that the OECD allows governments to escape its blacklist merely by promising to adhere to the information exchange principles, without ensuring that these principles are effectively put into practice; considers also that the requirement to conclude agreements with 12 other countries in order to be removed from the backlist is arbitrary as it does not refer to any qualitative indicators for an objective assessment of compliance with good governance practices; |
|
55. |
Highlights that as much as EUR 800 billion is lost each year from developing countries to tax havens and illicit financial flows; notes that greater transparency in the financial process could be a decisive step towards poverty alleviation and significant wealth creation; |
|
56. |
Considers that automatic information exchange should take place in all circumstances; welcomes in this respect the Commission’s proposal on administrative cooperation in the field of taxation in order to extend cooperation between the Member States to cover taxes of any kind, abolish banking secrecy and establish the automatic exchange of information as a general rule; |
|
57. |
Welcomes the fact that some Member States are signatories of the Council of Europe-OECD Convention on Mutual Administrative Assistance in Tax Matters, and urges the 17 Member States that have not done so to sign the Convention; |
|
58. |
Calls on the EU to step up its action and to take concrete measures, such as sanctions, against tax evasion and illicit capital flight; calls on the Council to examine the possibility of a multilateral mechanism for automatic tax information exchange in close collaboration with the UN Committee of Experts on International Cooperation in Tax Matters; |
|
59. |
Calls on the Commission to adopt more stringent criteria for the identification of tax havens and to work towards an internationally binding multilateral automatic tax-information exchange agreement, including for trusts and foundations, envisaging countermeasures in the event of non-compliance; calls on the Commission to support developing countries in their fight against illicit outflows and capital flight, as these are identified as a major obstacle to mobilisation of domestic revenue for development; draws the Commission’s attention in particular to the European Parliament position of 24 April 2009 on the proposal for a Council directive amending Directive 2003/48/EC on taxation of savings income in the form of interest payments (8) and to the recommended measures for combating tax havens; |
|
60. |
Expresses its concern about the unfortunate effect of tax treaties on the distribution of tax revenues; notes that the method of assigning the right to tax based on the domicile principle rather than the source country helps to make tax havens a more favourable location; deems that tax treaties should be reviewed for fairness, which implies the possibility of granting the primary right to tax in the source country where real activities are pursued; |
|
61. |
Deplores the fact that the G20 has not yet proposed a clear timetable and concrete sanction mechanism to make effective the fight against tax havens; calls for the adoption of an international convention with the purpose of eliminating harmful tax structures that would include sanctions both for non-cooperative jurisdictions and for financial institutions that operate with tax havens; urges the EU to adopt measures similar to the US Stop Tax Haven Abuse Act and to consider the possibility of withdrawing banking licences from financial institutions that operate with tax havens; |
|
62. |
Considers that the EU should also ensure consistency in the implementation at EU and international level of standards in the areas of prudential supervision, taxation and money laundering; |
|
63. |
Calls for international disclosure of the structures of vulture funds to identify them and ban their activities; |
|
64. |
Calls for the creation, in the EPA framework, of an independent monitoring mechanism to assess the net tax impact of abolishing customs duties and, at the same time, the progress being made in the area of tax reform country by country; calls for a clause to be introduced providing for a mandatory overall review of all EPAs within three to five years and for the provisions of each agreement to be amended to make them more conducive to poverty eradication, sustainable development and regional integration; calls, further, for a mandatory review of individual countries’ progress in implementing tax reforms or efficient tax collection in line with the latest versions of the OECD Model Tax Convention on Income and on Capital; |
|
65. |
Stresses that tax administrations in developing countries need to cooperate if they are not part of the respective Ministries of Finance, especially over tax and budgetary policy, in ways that do not stimulate rivalry and jealousy but foster good relationships and good governance in tax matters; |
|
66. |
Calls for the establishment or (if they are already in place) institutional improvement of so called (semi-)autonomous revenue authorities (ARA), through adequate systems of checks and balances, to prevent abuse of tax authorities; |
|
67. |
Underlines in this context that the high status and managerial autonomy of ARAs should be offset by pluralistic governance arrangements which make sure:
|
|
68. |
Considers that the development of an efficient tax system in developing countries must become the backbone of their public finances; considers that the new EU investment policy in developing countries should contribute to establishing an environment more favourable to foreign and domestic private investment and to creating the conditions for more effective international assistance; recalls that the EU’s investment policy must focus on SME development, including through the provision of micro-credit, and encourage innovation, public service efficiency, public-private partnerships and knowledge transfer in order to promote growth; |
*
* *
|
69. |
Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
(1) OJ C 341 E, 16.12.2010, p. 29.
(2) OJ C 4 E, 7.1.2011, p. 34.
(3) Texts adopted, P7_TA(2010)0210.
(4) OJ C 230 E, 26.8.2010, p. 1.
(5) OJ C 184 E, 8.7.2010, p. 94.
(6) OJ C 282 E, 6.11.2008, p. 323.
(7) For instance, see study by Baunsgaard & Keen (2005), quoted in the IMF report of 15 February 2005, entitled ‘Dealing with the Revenue Consequences of Trade Reform’, in which the IMF concludes that ‘many low-income countries and some middle-income countries have had difficulty in replacing trade tax revenues’.
(8) OJ C 184 E, 8.7.2010, p. 488.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/48 |
Tuesday 8 March 2011
Agriculture and international trade
P7_TA(2011)0083
European Parliament resolution of 8 March 2011 on EU agriculture and international trade (2010/2110(INI))
2012/C 199 E/06
The European Parliament,
|
— |
having regard to Part Three, Title III and Part Five, Titles II and V of the Treaty on the Functioning of the European Union (TFEU), |
|
— |
having regard to the principles relating to the welfare requirements of animals laid down in Article 13 of the TFEU, |
|
— |
having regard to the WTO agreements, and in particular to the Agreement on Agriculture which was negotiated during the Uruguay Round and entered into force on 1 January 1995, |
|
— |
having regard to the Declaration adopted at the fourth Ministerial Conference held in Doha from 9 to 14 November 2001, to the Decision adopted by the WTO General Council on 1 August 2004 and to the Declaration adopted at the sixth Ministerial Conference held in Hong Kong from 13 to 18 December 2005, |
|
— |
having regard to its resolution of 4 April 2006 on the assessment of the Doha Round following the WTO Ministerial Conference in Hong Kong (1), |
|
— |
having regard to the revised draft modalities for agriculture circulated on 6 December 2008 by the WTO chairperson of the agriculture negotiations, |
|
— |
having regard to the Memorandum of Understanding of 15 May 2009 between the United States of America and the European Commission regarding the importation of beef from animals not treated with certain growth-promoting hormones and increased duties applied by the United States to certain products of the European Communities, |
|
— |
having regard to the mutually agreed solution reached on 15 July 2009 between Canada and the European Union to the dispute entitled ‘European Communities – Measures Affecting the Approval and Marketing of Biotech Products’, |
|
— |
having regard to the agreement initialled on 15 December 2009 between the EU and Latin American countries setting the conditions for the final settlement of pending disputes on the EU import regime for bananas (Geneva Agreement), |
|
— |
having regard to its resolution of 16 December 2009 on the prospects for the Doha Development Agenda (DDA) following the Seventh WTO Ministerial Conference (2), |
|
— |
having regard to the conclusion, on 17 December 2009, of the negotiations between the EU and Morocco on an agreement concerning liberalisation measures on agricultural and fisheries products, |
|
— |
having regard to the conclusion, on 1 March 2010, of the negotiations between the EU, Peru and Colombia on the signing of a Multi-Party Agreement, |
|
— |
having regard to the mutually agreed solution reached on 18 March 2010 between the Argentine Republic and the European Union to the dispute entitled ‘European Communities - Measures Affecting the Approval and Marketing of Biotech Products’, |
|
— |
having regard to its resolution of 25 March 2010 on ‘Agricultural product quality policy: what strategy to follow?’ (3), |
|
— |
having regard to the conclusion, on 19 May 2010, of the negotiations between the EU and Central America on the trade pillar of the Association Agreement, |
|
— |
having regard to its resolution of 8 July 2010 on the future of the Common Agricultural Policy after 2013 (4), |
|
— |
having regard to the Free Trade Agreement between the EU and South Korea signed on 6 October 2010, |
|
— |
having regard to the ongoing negotiations between the EU and Mercosur towards an Association Agreement, |
|
— |
having regard to the ongoing negotiations between the EU and Canada towards a Comprehensive Economic and Trade Agreement, |
|
— |
having regard to the ongoing negotiations between the EU and India towards a Free Trade Agreement, |
|
— |
having regard to the ongoing negotiations between the EU and Ukraine towards an Association Agreement, |
|
— |
having regard to its study entitled ‘Stocktake of the WTO Agricultural Negotiations after the Failure of the 2008 Talks’, of June 2009, |
|
— |
having regard to the guide entitled ‘Geographical Indications and TRIPs: 10 Years Later. A roadmap for EU GI holders to get protection in other WTO Members’, which was commissioned by the Commission, |
|
— |
having regard to the Commission proposal of 15 September 2010 for a regulation of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories (COM (2010)0484), |
|
— |
having regard to the issue of the liberalisation of duties for Pakistan, as provided for in Article 1 of the proposal for a regulation of the European Parliament and of the Council introducing emergency autonomous trade preferences for Pakistan (COM(2010)0552), |
|
— |
having regard to the UN Millennium Development Goals, |
|
— |
having regard to Article 208 of the Treaty on the Functioning of the European Union, |
|
— |
having regard to Rule 48 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on International Trade and the Committee on Development (A7-0030/2011), |
|
A. |
whereas the EU remains by far the largest importer of agricultural goods in the world, with imports having almost doubled in value over the past decade and now accounting for nearly 20 % of world imports, |
|
B. |
whereas the EU’s share of global agricultural exports is declining as a result of the faster growth of other key agricultural trading partners; whereas final products accounted for 68 % of the value of EU exports in 2007-2009, while intermediate products and commodities represented 23 % and 9 % respectively; whereas, furthermore, world market prices are a factor in the difficulties the EU is experiencing in exporting its products, given that, in general, prices are low and the Union has higher production costs, |
|
C. |
whereas the EU agricultural trade deficit reached a record high of EUR 7 billion in 2008; whereas the EU’s trade deficit with Mercosur, for example, has more than doubled since 2000 and EU imports of agricultural products from Mercosur are now worth EUR 19 billion worth, as against EUR 1 billion worth of exports, |
|
D. |
whereas the EU is the world’s largest importer of agricultural goods from developing countries, importing more than the US, Japan, Canada, Australia and New Zealand combined; whereas around 71 % of the EU’s total agricultural imports originate from developing countries, as a result of the Everything but Arms (EBA) initiative for least developed countries (LDCs), the generalised system of preferences (GSP), and the Economic Partnership Agreements (EPAs), |
|
E. |
whereas the 2008 WTO draft modalities on agriculture would require even greater concessions from the EU than those set out in the already substantial offer made by the EU in October 2005, |
|
F. |
whereas the application of policy coherence for development (PCD) to agriculture and trade will also impact on the fulfilment of Millennium Development Goals 1 (eradication of extreme poverty and hunger) and 8 (global partnership for development), including through provisions for fairer trade rules and market access, |
|
G. |
whereas the EU has already drastically reduced its trade-distorting domestic support, unlike key trading partners, in particular the US, which maintained and in some cases strengthened its instruments under the 2008 Farm Bill, |
|
H. |
whereas the EU has unilaterally made a substantial reduction in its export refunds, with their share of the CAP budget falling from 29,5 % in 1993 to only 1,2 % in 2009, and with the proportion of the value of agricultural exports for which export refunds are paid falling from 25 % in 1992 to only 0,9 % in 2009; whereas some key trading partners are continuing to make considerable use of other forms of export incentives, |
|
I. |
whereas, in the framework of the ‘beef hormones’ dispute, the US is continuing to impose sanctions on the EU and had even announced that they will be rotated to cover other EU agricultural products, in order to increase their impact (‘carousel’ legislation); whereas under the Memorandum of Understanding (MoU) the EU grants a zero-duty import tariff quota of 20 000 tons of beef, |
|
J. |
whereas the US has challenged, within the WTO, the EU rules governing the hygiene and marketing of poultry, |
|
K. |
whereas a mutually agreed solution was reached with Canada and Argentina on the ‘GMOs dispute’; whereas the US has made a general retaliation request, |
|
L. |
whereas the ruling of the WTO panel on sugar was one of the main drivers of the 2006 EU sugar reform and is still having a major impact on trade in sugar; whereas the common market organisation for sugar respects all EU trade commitments; whereas in the space of three years the EU has changed from being the second largest exporter of sugar to the second largest net importer, mainly for the benefit of developing countries (LDCs and ACP countries), |
|
M. |
whereas the 2006 sugar reform has achieved the objectives of increasing competitiveness, reducing sugar prices and decreasing the sugar production quota by about 30 %; whereas, however, it has led to the closure of 83 factories out of a total of 189 in the EU-27, the loss of over 16 500 direct jobs in rural areas, and the end of sugar beet cultivation for around 140 000 farmers, |
|
N. |
whereas the world sugar market is one of the most volatile agricultural commodity markets and is dominated by one country (Brazil); whereas EU sugar production provides a reliable supply to the world market and ensures a regular internal supply of high quality and sustainable products for European users, |
|
O. |
whereas the EU is promoting sustainable production of renewable energy, through requirements to be applied by the end of 2010; whereas the EU already imports more than 25 % of its fuel bioethanol consumption, not including bioethanol imported in the form of mixtures with the aim of circumventing import duties; whereas the Commission needs to ensure that there is a balance between internal bioethanol production and imports, in accordance with Article 23(5)(a) of the Renewable Energy Directive (Directive 2009/28/EC (5), |
|
P. |
whereas the 4th Session of the Conference of the Parties to the WHO’s Framework Convention on Tobacco Control will be held in November 2010; whereas a public consultation has been launched on the possible revision of the Tobacco Products Directive (Directive 2001/37/EC (6); whereas several WTO members have raised the issue of the conformity with the TBT Agreement of Canadian Bill C-32, which effectively involves the banning of all traditional blended tobacco products except those using solely Virginia tobacco, the only variety produced in Canada and used in the manufacturing of Canadian tobacco products, |
|
Q. |
whereas the EU must strike a balance in international trade agreements between market liberalisation and protection for economic sectors and the rights of workers and consumers, |
|
R. |
whereas EU trade agreements with third countries must safeguard EU sectors that are experiencing difficulties – in particular the fruit and vegetables, livestock and cereals sectors, in which incomes have fallen substantially – and, at the same time, offer them genuine export opportunities, |
|
S. |
whereas local small farmers, who make a significant contribution to food security in their regions, must not be adversely affected by the EU’s conclusion of international trade agreements, |
|
T. |
whereas the EU must aim to secure better monitoring of human rights and social and environmental standards when concluding international trade agreements, |
|
U. |
whereas Parliament’s consent is required for the conclusion of trade agreements negotiated by the Commission, |
Consistency between EU agricultural and common commercial policies
|
1. |
Considers that the EU agricultural sector has a clear added value for the European economy and a strategic role to play in the EU 2020 strategy towards tackling the economic, social and environmental challenges that the EU is facing; underlines the need to ensure policy coherence between the EU’s agricultural, trade and development policies; |
|
2. |
Stresses that external trade policy must not jeopardise the EU’s ability to maintain a strong agricultural sector and to ensure food security against a background of increased market volatility; calls on the Commission to defend, in all fora, and in the WTO in particular, the multifunctional role of EU agriculture, including the vital role it plays in providing employment and in sustaining the vitality of rural areas, and the European agri-food model, which is a strategic component of Europe’s economy; |
|
3. |
Condemns the Commission’s approach, which far too often makes concessions on agriculture in order to obtain enhanced market access in third countries for industrial products and services; calls on the Commission to stop putting agricultural interests behind the interests of the industrial and services sector; |
|
4. |
Calls on the Commission to propose an approach that strikes a balance between domestic production and imports, taking into account, for each agricultural sector, the development of multilateral and bilateral trade negotiations, as well as EU environmental, social, animal welfare and safety standards and respect for human rights; |
|
5. |
Stresses that, in relation to the agricultural sector, the Commission must conduct impact assessments which must be made public before the commencement of negotiations and proposed updates to take account of new positions arising in the negotiations; emphasises the need for a proper and transparent process for consulting all interested parties, particularly in Parliament and the Commission; recalls that a domestic advisory council was included in the Free Trade Agreement between the EU and South Korea and notes that this could be a precedent for the involvement of interested parties and stakeholders in future trade agreements; |
|
6. |
Underlines that impact assessments must look at the specificities of each commodity, such as the beef market, taking market segmentation into account; highlights the fact that previous impact assessments have provided only global figures; urges the Commission therefore to provide detailed impact assessments taking into account the effects on specific segments of the market arising from the opening up of EU agricultural markets to the Mercosur trade bloc; |
|
7. |
Takes the view that decisions to further open up the EU market to imports of agricultural goods should not be taken without ensuring that EU farmers can be compensated for their losses; |
|
8. |
Underlines the fact that financial compensation cannot offset the negative impacts of the discontinuation of EU agricultural production, which guarantees food safety and quality and is essential for the prosperity of EU rural areas and the protection of rural landscapes against the threat of land abandonment and rural depopulation; emphasises, therefore, the need to maintain the conditions necessary for EU farmers to remain viable and receive a fair income in all Member States, thus clearing the way for the revitalisation of farming in Europe, in the light of the key role played by the CAP in the EU setup; |
|
9. |
Recalls that EU producers are obliged to meet the highest standards in terms of quality, product hygiene, sustainable production methods, plant health, animal health and welfare, traceability, pesticide residue control, veterinary medicine and additives; |
|
10. |
Is adamant that third-country production methods for export to the EU must provide European consumers with the same guarantees in terms of health, food safety, animal welfare, sustainable development and minimum social standards as those required of EU producers; underlines that this is the only way to ensure that EU producers can compete on a level playing field with third countries, and insists on the need for tighter import controls at borders and for checks on production and marketing conditions carried out by the Food and Veterinary Office in countries exporting to the EU to be stepped up, so that compliance with EU standards is guaranteed; |
|
11. |
Stresses the need, in relation to imports, for strict compliance with origin rules and mechanisms for the prevention of triangular trade; |
|
12. |
Urges the Commission proactively to promote the EU’s offensive agricultural interests and to make it easier for EU products to gain access to third-country markets, given the vast export and world market stabilisation potential of the EU’s high quality agri-food products; underlines, inter alia, the need to step up promotion programmes; notes that these measures are WTO-compatible, falling as they do into the ‘green box’; |
|
13. |
Notes that the outermost regions (ORs) are an integral part of the EU and that trade agreements apply in their entirety to such regions; stresses that lower customs tariffs pose a threat to the fragile economies of ORs, which are based mainly on farming and produce goods similar to those produced by, among others, Latin American partner countries; points out that, under Article 349 of the TFEU, EU policies may be tailored to the specific geographical and economic circumstances of such regions; calls accordingly on the Commission to take account, during negotiations, of the specific situation of ORs, so as to ensure that their development is not undermined; |
Agriculture in the multilateral trading system
Doha Development Agenda (DDA)
|
14. |
Considers that, in a bid to secure a successful outcome to the DDA, the EU made an extremely generous offer on agriculture, which cannot be increased, but this has not, to date, been reciprocated by an equivalent level of ambition from other developed and advanced developing countries; |
|
15. |
Recalls that the 2003 CAP reform and the 2008 ‘Health Check’ have demonstrated the seriousness of the EU’s reform commitments by anticipating the likely results of the Doha round, while equivalent concessions are still expected from the EU’s trading partners; |
|
16. |
Calls on the Commission to comply strictly with its negotiating mandate from the Council, which sets the most recent reform of the CAP as the limit of its action, provided that equivalent concessions are obtained from its trading partners; asks it to refrain from making any proposals that would predetermine the decisions to be made on the future of the CAP post-2013; |
|
17. |
Emphasises the role of non-trade concerns (NTC) in the Doha Development Agenda; takes the view that, in the agriculture sector negotiations, a balance needs to be struck between the economic dimension of trade and non-economic values, such as social values, environmental concerns, human health and animal health and welfare; |
|
18. |
Deplores the absence of progress on the establishment of a multilateral register for wines and spirits as well as on the extension of the protection of geographical indications to all agricultural products; recalls that these elements are sine qua non for a balanced outcome to the agricultural negotiations; emphasises the need for the principles underpinning the EU’s agricultural product quality policy to be promoted more widely at multilateral and bilateral level; |
|
19. |
Recalls that the EU has already significantly reduced its trade-distorting domestic support and asks for firm commitments to do the same from other trading partners; |
|
20. |
Recalls the commitment made by the WTO members during the 2005 Hong Kong Ministerial Conference to achieving the elimination of all forms of export subsidies in full parallelism with the imposition of disciplines on all export measures with equivalent effect, notably export credits, agricultural state trading enterprises and the regulation of food aid; |
|
21. |
Considers that the general reduction in customs tariffs should be assessed in the light of the EU offer concerning the domestic support and export competition pillars, and should depend on the possibility of keeping the Special Safeguard clause, on a specific exemption from tariff simplification disciplines and on adequate flexibility in the formula for tariff cuts and in the designation of sensitive products; is of the opinion that the proposed mechanism for designating sensitive products is fatally undermined by the obligation to achieve a significant tariff quota expansion; |
|
22. |
Stresses the need for the ‘single undertaking’ principle to be upheld in the WTO’s DDA negotiations; points out that, for some time now, there has been a tendency for the negotiations to focus on a limited range of negotiating areas, including agriculture, in which the EU has major defensive interests, with relatively less progress being made in other negotiating areas, and this is threatening to undermine the EU’s negotiating position; points out, in addition, that this is making it difficult to take stock of the Round as a whole; |
|
23. |
Reaffirms that developing countries should legitimately be allowed to enact policies which create domestic added value; |
|
24. |
Stresses that the volatility of prices has aggravated malnutrition problems worldwide, as the FAO observes, and that greater liberalisation of world trade in agricultural products, which has been encouraged by WTO agreements, has not so far made it possible to curb the threat of hunger in the world; stresses that the EU also has a duty to contribute to world food security; |
WTO dispute settlement
|
25. |
Notes the fact that the agreement on trade in bananas settles 20 years of the most technically complex, politically sensitive and significant WTO-dispute, constitutes an important step towards the consolidation of a rule-based multilateral trading system, and at the same time could make a decisive contribution to the resolution of issues relating to tropical products and preferences in WTO negotiations; |
|
26. |
Calls on the Commission to ensure that the settlement of the ‘beef hormones’ dispute will allow for the suspension of the sanctions on EU products, while guaranteeing that beef imports to the EU will be in line with EU requirements; |
|
27. |
Considers, with regard to the ‘chlorinated poultry’ dispute, that the importation of such products into the EU would be contrary to the public demand in the EU for safe products and to the principles underpinning the European food model; |
|
28. |
Asks the Commission vigorously to defend the EU regime for authorising and marketing GMOs against challenges in the WTO; |
Agriculture in plurilateral, inter-regional and bilateral trade relations
|
29. |
Believes that the conclusion of multilateral negotiations is a priority to be pursued by the EU; believes that bilateral trade agreements must complement multilateral processes in the form of respect for equal working conditions, common environmental rules and food safety standards already in force in the European Union and avoid the fostering solely of sustainable development programmes; recalls that the EU has substantial offensive interests in agriculture, in particular as regards high- quality processed products; believes that bilateral trade agreements with major trade partners can successfully promote the export interests of the EU agro-food industry, providing substantial economic benefits; |
|
30. |
Calls for agricultural imports into the EU to provide European consumers with the same guarantees in terms of consumer protection, animal welfare, environmental protection and minimum social standards as those provided by European production methods, and draws attention to Parliament’s firm position on this matter; calls on the Commission to include clauses in bilateral trade agreements that oblige third countries to comply with the same sanitary and phytosanitary conditions that are imposed on European producers; considers that such agreements must provide at least for compliance with international obligations and standards; |
|
31. |
Stresses that in order to avoid ‘paying twice’– first at bilateral and then at multilateral level – the concept of a ‘single pocket agreement’ must be supported, under which concessions in bilateral agreements will be linked to the final outcome of the Doha negotiations; |
|
32. |
Emphasises the importance of strict implementation of the preferential rules of origin; calls for a review of all trade preferences given to emerging countries which are members of the G-20 by the European Union; |
|
33. |
Takes the view that curbs should be put in place to prevent irregular practices in agri-food trade, such as triangular trade, when a country exports its production to the EU, taking advantage of EU market access preferences, and then meets its own needs by importing the products from abroad; considers that, in order to prevent such irregularities, EU market access concessions offered by the EU in trade agreements concluded with third countries should not exceed the actual production and export capabilities of the countries concerned; |
|
34. |
Calls on the Commission strongly to defend the inclusion of geographical indications (GIs) as an essential part of the Anti-Counterfeiting Trade Agreement (ACTA); regrets that, in the framework of recently concluded or ongoing trade negotiations, only a ‘short list’ of EU GIs is to be protected by our trading partners; points out that, in line with the Global Europe strategy, bilateral agreements must secure enhanced international protection for geographical indications through WTO+ provisions; emphasises the need for a proper and transparent process for consulting all interested parties, particularly in Parliament and the Commission; |
|
35. |
Recalls that the Free Trade Agreement with South Korea allowed significant numbers of GIs to be recognised; calls for further efforts to be made to provide for this in future trade agreements; notes that the protection and recognition of GIs in third countries is potentially of great value to the EU’s agri-food sector; |
|
36. |
Notes that, according to the Commission, the EU-South Korea Free Trade Agreement (FTA) would relieve EU exporters of the burden of EUR 380 million in duties annually, by eliminating duties on 99 % of EU agricultural exports; |
|
37. |
Asks the Commission to ensure that trade agreements do not undermine the EU system of entry prices for fruit and vegetables, while maintaining the current import schedules; urges the Commission, nevertheless, to make the changes necessary to improve the system’s functioning as soon as possible; |
|
38. |
Stresses, in particular, that the complex system of entry prices that applies to tomato imports from Morocco is causing problems; calls, therefore, on the Commission to make the relevant changes without delay; |
|
39. |
Expresses its strong concern about the EU-Morocco agreement; points out that, while European markets have opened up almost completely to imports from Morocco, some agricultural products are still subject to quotas on exports from the EU, including important products such as pomaceous fruits; |
|
40. |
Regrets that, in the negotiations on the agricultural chapter of the association agreement with Morocco, no guarantees were given in respect of compliance with the preferential import quotas or the entry prices applying to Moroccan exports; |
|
41. |
Calls on the Commission to abide by its commitments regarding the EU sugar sector and to end systematic concessions on sugar in bilateral and multilateral trade negotiations; notes in this context the initiatives of the sugar sector, which have increased its competiveness while improving its environmental sustainability and contributing to the EU development agenda via the preferences granted to ACP countries and LDCs; |
|
42. |
Points out that any additional bilateral EU sugar market access concessions granted to third countries (for example Latin American countries and Ukraine) will be destabilising for the EU sugar market and will cause preference erosion for LDCs and ACP countries; is all the more concerned by the fact that such concessions, when granted to net importing countries, encourage swap mechanisms; calls on the Commission to continue to exclude sugar and sugar-derived products, including ethanol, from the scope of bilateral negotiations; |
|
43. |
Calls on the Commission to guard against the circumvention of import duties on ethanol, since growing quantities of ethanol are now entering the EU in the form of mixtures with a very low import duty; |
|
44. |
Calls on the Commission to ensure that there are symmetrical tariff concessions in free trade area agreements concluded by the EU with countries with significant agricultural production and export capabilities, e.g. Mercosur; |
|
45. |
Notes the resumption of negotiations on the EU-Mercosur Association Agreement – an agreement of the utmost importance, which would affect 700 million people and would be the world’s most ambitious bi-regional agreement – and therefore stresses that the European Parliament should be closely involved at all stages of the negotiations; |
|
46. |
Considers it unacceptable that the Commission resumed negotiations with Mercosur without making publicly available a detailed impact assessment and without engaging in a proper political debate with the Council and Parliament; calls for a study into the impact of these negotiations on European agricultural sectors and regions to be produced and discussed before any tariff proposals are exchanged between the EU and Mercosur; points out that, given the agricultural implications of the negotiations, a link with the Doha Round must necessarily be established; calls accordingly on the Commission not to conclude the negotiations with Mercosur until the WTO round has been brought to a close, as stipulated in its mandate; calls on the Commission to keep the Council and Parliament duly informed of developments in the negotiations with Mercosur and in future to inform Council and Parliament before such trade negotiations commence; |
|
47. |
Is deeply concerned about the impacts on the EU agricultural sector as a whole of a possible association agreement with Mercosur, given the request made by Mercosur in March 2006 for access to the EU agricultural market, which went considerably further than the already substantial offer made by the EU in 2004; considers it is necessary, therefore, to review the concessions so as to protect our farmers’ interests; |
|
48. |
Considers that the position of the new Member States has not been taken into account in the negotiations between the EU and Mercosur, based on the mandate agreed by the Council in 1999; |
|
49. |
Notes that farm businesses in Mercosur countries have much lower production costs, including land, labour and other capital costs, and that Mercosur producers do not have to meet the same standards as EU producers, with regard to the environment, animal welfare, food safety and phytosanitary measures; emphasises that a balanced outcome for both parties must be achieved by making sure that the negotiations take full account of consequences and impacts, in particular on environmental and social challenges; calls on the Commission to carry out an impact assessment on the consequences of such an agreement for the agricultural sector; |
|
50. |
Is of the opinion that the level of market integration in the Mercosur customs union is currently insufficient to guarantee an adequate circulation of imported goods within the region; takes the view that an agreement would not yield any real dividends in the absence of provisions ensuring full and effective circulation of goods within the Mercosur area; |
|
51. |
Regrets the tariff concessions recently granted by the Commission to the countries that export bananas to the EU; calls for a review of the aid received by European producers under aid programmes for the outermost regions (POSEI) in order to compensate these producers for the effects that this cut in tariffs will have on prices in the EU market; believes that the interests of Community producers and ACP producers must be taken into consideration in similar future negotiations, so that these sectors, which provide numerous jobs, are not weakened; |
|
52. |
Underlines the fact that a series of reports from the Food and Veterinary Office highlights the ongoing failure of Brazilian beef to meet EU producer and consumer standards on food safety, animal identification and traceability, animal health and disease controls; |
|
53. |
Urges the Commission to study the various reports published by the Brazilian National Health Surveillance Agency (Anvisa) on the widespread use in Brazil of pesticides that are banned in the EU and most other parts of the world, which highlight the grave health risks stemming from this practice; |
|
54. |
Expresses its strong concern about the policy that Argentina is implementing, in violation of its WTO obligations, with a view to restricting imports of food products competing with domestic production; points out that those measures come on top of the Argentine non-automatic import licensing system, which is already having an adverse impact on EU exports; calls on the Commission to take all necessary action to ensure that those measures, which go against the spirit of negotiating an EU-Mercosur agreement, are effectively discontinued; |
|
55. |
Is concerned about concessions made on fruit and vegetables within the Euro-Mediterranean agreements; maintains, in this connection, that the complementarity between the growing seasons in southern and northern Mediterranean countries should continue to be a guiding factor in the liberalisation of agricultural trade within the Union for the Mediterranean; |
|
56. |
Stresses that, while tobacco products must be governed by a strict regulatory framework, the regulation of ingredients in tobacco products at EU and international level must follow a proportionate, risk-based approach reflecting scientific evidence; warns against any non-science-based ban on any ingredient, which would effectively lead to the banning of European traditional blended tobacco products, as this would have severe socio-economic repercussions for EU tobacco growers (of oriental and burley varieties) without yielding any public health benefits; |
|
57. |
Calls on the Commission, in negotiations on EU trade agreements, including those with Canada and Ukraine, to take account of the interests of EU citizens, to maintain openness and to inform Parliament regularly about the progress of the negotiations; regrets that the Commission has not yet informed Parliament about the negotiations for a free trade agreement between the EU and Canada, even though these negotiations commenced in October 2009; calls on the Commission to provide Parliament and the committees responsible with detailed information on each further round of negotiations; is also concerned at possible concessions by the Commission in the negotiations, particularly in the areas of the opening up of markets, GMOs, milk, protection of intellectual property and origin labelling, and calls on the Commission not to make any concessions that might have a negative impact on European agriculture; |
|
58. |
Is concerned at the prospect of concessions on cereals in the negotiations with Ukraine, in view of the fact that Ukrainian production is highly competitive and that Ukraine is already the main user of reduced-tariff cereal quotas (wheat and barley) offered to third countries; calls, therefore, on the Commission to limit its offer in this sector; |
|
59. |
Reaffirms the importance of agricultural trade for economic development and poverty alleviation in developing countries; calls on the EU to help ACP countries to adapt to the increasing global competition; |
|
60. |
Calls on the Commission to take due account of this resolution when drafting and implementing its future trade strategy; |
*
* *
|
61. |
Instructs its President to forward this resolution to the Council and the Commission. |
(1) OJ C 293 E, 2.12.2006, p. 155.
(2) OJ C 286 E, 22.10.2010, p. 1.
(3) OJ C 4 E, 7.1.2011, p. 25.
(4) Texts adopted, P7_TA(2010)0286.
(5) OJ L 140, 5.6.2009, p. 16.
(6) OJ L 194, 18.7.2001, p. 26.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/58 |
Tuesday 8 March 2011
EU protein deficit
P7_TA(2011)0084
European Parliament resolution of 8 March 2011 on the EU protein deficit: what solution for a long-standing problem? (2010/2111(INI))
2012/C 199 E/07
The European Parliament,
|
— |
having regard to the Commission communication of 18 November 2010 entitled ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ (COM(2010)0672), |
|
— |
having regard to the Commission communication of 16 July 2010 entitled ‘The TSE Road map 2. A Strategy paper on Transmissible Spongiform Encephalopathies for 2010-2015’ (COM(2010)0384), |
|
— |
having regard to Council Decision 93/355/EEC of 8 June 1993 concerning the conclusion of a Memorandum of Understanding on certain oil seeds between the European Economic Community and the United States of America within the framework of the GATT (1), which adopted the Blair House Agreement setting a ceiling on oilseed and protein crop production in the European Union and on specific tariffs for such crops, |
|
— |
having regard to the November 2009 report submitted to the Commission by LMC International entitled ‘Evaluation of Measures applied under the Common Agricultural Policy to the protein crop sector’ (2), |
|
— |
having regard to Council Regulations (EEC) No 1431/82 (3) and (EC) No 1251/1999 (4), which laid down special measures in the protein crop sector and introduced the maximum guaranteed area, Council Regulation (EC) No 1782/2003 (5) and Articles 76 to 78 of Council Regulation (EC) No 73/2009 (6), which provided for the phasing-out of specific support for protein crops, and Commission Regulation (EC) No 1121/2009 (7), which set out detailed rules regarding the protein crop premium, |
|
— |
having regard to Regulation (EC) 767/2009 on the placing on the market and use of feed (8), |
|
— |
having regard to Article 68 of Council Regulation (EC) No 73/2009, which allows Member States to grant support for protein crops on their territory, and has been used in particular by France, Spain, Poland and Finland, |
|
— |
having regard to the study by the Commission Directorate-General for Agriculture and Rural Development on the ‘Economic Impact of Unapproved GMOs on EU Feed Imports and Livestock Production’, 2007, |
|
— |
having regard to the recommendations concerning the role of research and local knowledge, including the role of leguminous protein plants, made in the International Assessment of Agricultural Knowledge, Science and Technology for Development (IAASTD) report on the global food supply, carried out by the United Nations Development Programme, the Food and Agriculture Organisation (FAO) and the World Bank, |
|
— |
having regard to the studies requested by its Committee on Agriculture and Rural Development and presented at the workshop held on 11 October 2010, |
|
— |
having regard to its resolution of 12 March 2008 on sustainable agriculture and biogas: a need for review of EU legislation (9), |
|
— |
having regard to Rule 48 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0026/2011), |
Basic facts on the protein deficit: supply, demand and international trade
|
A. |
whereas total EU protein crop production currently occupies only 3 % of the Union's arable land and supplies only 30 % of the protein crops consumed as animal feed in the EU, with a trend over the past decade towards an increase in this deficit, |
|
B. |
whereas in some Member States substantial areas of farmland remain fallow year on year, with their productive potential going to waste, |
|
C. |
whereas, historically, this significant deficit in protein crop production goes back to previously established international trade agreements, especially with the United States, which allowed the EU to protect its cereal production and in return allowed duty-free imports of protein crops and oilseeds into the EU (GATT and 1992 Blair House Agreement); whereas this was accompanied by significant progress in the efficiency of protein crop production and the use of new technologies outside the EU, leading to a competitive disadvantage for EU farmers who find protein crop production economically unattractive, |
|
D. |
whereas 70 % (42 million tonnes in 2009) of the raw materials rich in plant proteins consumed, especially soy flour, are imported, mainly from Brazil, Argentina and the USA; whereas approx. 60 % of these imports (26 million tonnes) are by-products derived from vegetable oil production and are used as meals, especially soymeal, for animal feed, |
|
E. |
whereas, because the volumes produced are so low, the European compound food industry only uses 2 million tonnes of protein crops each year but estimates that it would be able to use nearly 20 million tonnes per year, |
|
F. |
whereas these imports represent the equivalent of 20 million hectares cultivated outside the EU, or more than 10 % of the EU’s arable land, and whereas these producers are not subject to the same environmental, health and GMO regulatory constraints as European producers, |
|
G. |
whereas the emergence of new customers for South American suppliers, notably China, who are not as demanding as the European Union in regard to production conditions and whose supply strategy is rather opaque, may in the long run weaken the stability of the markets and the EU supply chain, |
|
H. |
whereas the EU livestock sector is vulnerable to price volatility and trade distortions, and depends on affordable and high quality protein imports; whereas the sector's competitiveness is undermined by the additional costs of protein imports for feed incurred by the lack of an EU technical solution to the current zero tolerance policy on low level presence of unapproved GMOs, |
|
I. |
whereas shortages of soya and maize imports impose an additional cost burden on the EU livestock and feedstuffs sectors, and put the economic viability of domestic meat production at risk, |
|
J. |
whereas, as a consequence of the small volume of leguminous fodder crops (lucerne, clover, sainfoin, etc.) and seed crops (pea, soja, lupin, horse bean, vetch, etc.) produced in the EU, the number of plant protein research programmes in the EU has dropped from 50 in 1980 to 15 in 2010, and training and the acquisition of practical experience in domestic protein crop production have been neglected, leading to a low level of innovation and regionally adapted seed production in the EU, |
|
K. |
whereas the EU is highly dependent on soya beans and maize imported from third countries and any interruption of the supply of these products due to a minute presence of unauthorised GMOs has a very costly impact on the European feed industry, |
|
L. |
whereas a research policy is only likely to prove successful if it is covered by medium- to long-term commitments, which is not the case at present for protein crops, |
|
M. |
whereas farmers’ knowledge of sustainable practices which link crop and livestock production through balanced crop rotation and adequate use of grassland areas could be lost, and whereas moreover domestic protein crop quality does not offer the quality of compound feed needed in the various animal production sectors, |
|
N. |
whereas for protein crops to become a sustainable element in cropping patterns, income from these crops must be increased in the short term, notably through specific CAP support, |
Basic statements on the advantages of reducing the protein deficit
|
O. |
whereas rebalancing the supply and consumption of cereals, proteins and oilseeds in the EU could have major economic benefits for farmers and the food and feed industry, as well as improving the variety of healthy, high-quality food for consumers, if the political framework for the upcoming CAP reform fully addressed the new challenges highlighted in the Commission’s communication, |
|
P. |
whereas all opportunities afforded by the various promotion measures should be used to promote human consumption of cereals, protein crops and oilseeds, which should be further protected under an agricultural product quality scheme for protection of geographical or traditional products, thereby helping to preserve local and regional foods made from these commodities, |
|
Q. |
whereas, in the context of climate change, the production of protein crops can help to reduce greenhouse gas emissions through the assimilation and fixation of nitrogen in the soil (amounting to up to 100 kg N/ha per month) and the consequent reduction in the use of synthetic nitrogen fertiliser, which contains nitrous oxide, whose warming potential is 310 times higher than that of carbon dioxide, |
|
R. |
whereas the EU’s ‘GL-pro’ programme has demonstrated that introducing protein crops into crop rotation once every four years results in a significant drop in CO2 emissions of approximately 10 % to 15 % and reduced ozone production, |
|
S. |
whereas, in terms of soil fertility, a higher proportion of protein crops cultivated on arable land as part of increased crop rotation systems and blocking plans contributes to more balanced nutrient storage, reduced soil acidification, enhanced disease resistance, better soil structure (including increased energy efficiency for soil treatment), less use of herbicides and greater biodiversity, assisting pollination, |
|
T. |
whereas the number of crops being rotated is a factor in reducing the likelihood of disease and propagation of weeds, and consequently the need for plant protection treatments, and whereas increasing the proportion of protein crops cultivated on arable land may help cut energy consumption by 10 %, |
|
U. |
whereas, in terms of water management, in particular the use in animal feed production of leguminous crops – such as permanent grass-clover mixtures or mixtures of cereals and protein crops – and permanent soil coverage can substantially reduce the run-off of nutrients, especially nitrates and phosphates, into groundwater, |
|
V. |
whereas, in terms of agricultural biodiversity, the extended use of protein crops that are adapted to European climatic conditions, such as beans, soya, peas, lentils, lupins, chick peas, alfalfa/lucerne, clover, Phacelia spp, Lotus corniculatus and sainfoin, will substantially stabilise and enhance diversity within the production system, |
|
W. |
whereas, in terms of protein production and global food security, a better balance needs to be achieved between crop and animal protein production, especially as regards the amount of energy, water and external inputs currently consumed for intensive animal protein production as opposed to protein crop production for human consumption, with the world food balance always the main focus, |
|
X. |
whereas several EU policies have an impact on the EU’s protein deficit, and whereas the Commission must also analyse the issues of GMO production inside and outside the EU’s territory, the development of biofuels and the reappraisal of the total ban on animal proteins in animal feed, |
|
Y. |
whereas, besides using native protein crops, the quality of non-imported compound feed can also be improved through the use of by-products of oilseeds such as soya, sunflower and rapeseed, |
|
Z. |
whereas using leguminous fodder crops or seed crops in place of imported proteins – primarily soya cake – may bring about significant changes in stock-breeding methods and thus play a part in improving the quality of agricultural products (from standard products to certified products with alterations to specifications) and producers’ incomes, |
|
AA. |
whereas the ban on the use of animal protein in animal feed was introduced following the BSE crisis so as to prevent any contamination with TSE; whereas this ban should only be lifted based on scientific facts and sufficient measures of precaution and control; whereas based on these conditions processed animal proteins from slaughter offal for the production of feed for monogastric animals (pork and poultry) should be considered, provided that the ingredients stem from meat which was approved for human consumption, and that the ban on intra-species recycling and forced cannibalism is fully implemented and controlled, |
Basic statements in response to the Commission's communication: preparing the ground for recommendations and demands
|
AB. |
whereas the Commission communication of 17 November 2010 clearly highlights the need to enhance protein crop production within a more integrated crop rotation system, |
|
AC. |
whereas various studies carried out by the FAO, the Commission and competent authorities within the Member States have pointed out that improved use of protein crops in EU agriculture has the potential to make the supply of animal feed more reliable by making use of agro-environmental measures, |
|
AD. |
whereas it is advantageous for farmers to grow protein crops in several areas: on-farm animal feed production using mixed crops such as cereals and beans; protein production for human consumption; and all kinds of sustainable agriculture, |
|
AE. |
whereas at present Member States may provide specific support for protein crop production as part of agro-environmental programmes and the ‘Article 68’ measures to improve the quality of production systems and of food, |
|
AF. |
whereas, besides cereal and maize cultivation for feed and energy production, the use of extended crop rotation systems, on-farm mixed cropping and grass-clover mixtures, which can have major environmental and agronomic benefits, should be encouraged, since the growing of leguminous crops as part of a rotation system can prevent diseases, regenerate the soil, have a beneficial effect on the population of pollinators and protect the climate, |
|
AG. |
whereas increased cereal yields in central Europe will free up farming land across Europe and make it possible for the cultivation of crops, and particularly protein crops, to be relocated to all parts of Europe, |
|
AH. |
whereas the recent increase of volatility in agricultural commodity prices has raised major concerns about the competitiveness of the European livestock sector and its high dependence on protein crop imports; whereas the EU needs a genuine strategic development plan for plant proteins and their specific role in responding to the new challenges of the CAP (climate change, better management of natural resources); whereas reducing the protein deficit also needs major efforts in improved research and breeding, as well as measures which enhance adequate infrastructure for protein crop production, storage and processing; whereas also by-products of oilseed and agrofuels production could be considered for animal feed, provided that strict rules are met to ensure that the precautionary principle is fully applied and that there are no risks to animal and human health, |
|
AI. |
whereas the problem of zero tolerance for imports of feed must be debated further and approaches leading to practical solutions must be devised, |
|
AJ. |
whereas agricultural and industrial product-paths are connected in many respects and certain by-products of biofuel production are suitable for use as feed, |
|
1. |
Calls on the Commission to take a medium- to long-term view in reviewing its policy on proteins, ensuring that its legislative proposals for CAP reform include adequate and reliable new measures and instruments which support farmers in improving crop rotation systems so as to substantially reduce the current protein deficit and price volatility; |
|
2. |
Calls on the Commission swiftly to submit to Parliament and to the Council a report on the possibilities and options for increasing domestic protein crop production in the EU by means of new policy instruments (also taking into account the use of oil seeds and their by-products and the potential extent for substituting imports), the potential effect on farmers’ revenues, the contribution it would make to climate change mitigation, the effect on biodiversity and soil fertility, and the potential for reducing the necessary external input of mineral fertilisers and pesticides; |
|
3. |
Calls on the Commission to report on the impact of the zero tolerance rule for the presence in imported feed of GMOs which are not authorised in Europe, giving particular consideration to the possibility of introducing limit values and their practical application; |
|
4. |
Calls on the Commission to maintain the common organisation of the market in dried fodder in place until 2013 so as to ensure the continued survival of this key sector, which is vitally important in the production of feed proteins for the livestock sector; |
|
5. |
Calls on the Commission to support research into breeding and supply of protein crop seeds in the EU, including their contribution to disease control, and to make proposals for research and development on ways to improve extension services and under the heading of rural development on services training farmers in the use of crop rotation, mixed cropping and technical facilities for on-farm feed production; |
|
6. |
Calls on the Commission, in the context of promoting rural development, to bring forward measures to promote an increase in the number of animals with biological material of high value and productive potential, and the dissemination of good practices in connection with the introduction of optimum feeding patterns, with a view to ensuring that the most efficient use possible is made of protein crops grown as animal feed; |
|
7. |
Calls on the Commission to propose a framework for rural development measures which introduce improved, decentralised facilities for the production of animal feed, based on local and regional crop varieties, the storage of those varieties and seed selection and development; |
|
8. |
Calls on the Commission to carry out an appraisal evaluating the effects of current import tariffs and trade agreements on the various oilseed and protein crops and to submit to Parliament and the Council a detailed legal study on the current scope of the Blair House agreements on the production of protein crops in Europe; |
|
9. |
Calls on the Commission to ensure an unhindered supply of soya to the EU market by providing a technical solution regarding the low-level presence of GMOs in protein crops for food and feed imported into the EU; recalls that shortages of soya imports impose an additional cost burden on the EU livestock and feedstuffs sectors, and puts the economic viability of domestic meat production at risk; |
|
10. |
Calls on the Commission, in cooperation with the Member States, to consider including in its legislative proposals for a reformed CAP and beyond this the promotion of crop rotation with protein crops as a precautionary measure against crop disease and a contribution to improved agricultural practices and new challenges such as food security, climate change and management of resources etc; |
|
11. |
Calls on the Commission to adopt suitable measures creating market conditions that favour local production as compared to imported products, and that meet the requirements of the feedstuffs industry, including the introduction of models for GMO-free short supply chains and certified production; recognises that local and proximity farming are of greater benefit to the environment; |
|
12. |
Calls on the Commission to submit a legislative proposal to Parliament and the Council which authorises the use of processed animal proteins from slaughter offal for the production of feed for monogastric animals (pigs and poultry), provided that the ingredients stem from meat which was approved for human consumption, and that the ban on intra-species recycling and forced cannibalism is fully implemented and controlled; |
|
13. |
Calls on the Commission to introduce a specific framework programme for decentralised agricultural and rural development research and to improve European and international cooperation, including on-farm training programmes on improved breeding of locally adapted protein plants, making this an innovative area in the various Member States; |
|
14. |
Calls on the Commission to propose a coherent overall political approach to the application of the agro-environmental rules to food products sold within the Union with regard to the importation of genetically modified protein crops; |
|
15. |
Calls on the Commission to establish a monitoring mechanism on the origin of protein crops imported into the European Union, revealing especially the sustainability of applied farming practices in the country of origin, such as land use change, sustainability of water use and the use of agricultural technologies; underlines that regular on-site checks are also necessary to this end; |
|
16. |
Calls on the Commission to consider including in its legislative proposals on CAP reform the provision of support for farmers cultivating protein crops in crop rotation systems which contribute to the reduction of GHGs and the EU’s crop protein deficit and improve disease control and soil fertility; |
|
17. |
Calls on the Commission to bring forward incentive-based measures to promote the cultivation of fallow land, which could contribute significantly to reducing the protein deficit in the EU; |
*
* *
|
18. |
Instructs its President to forward this resolution to the Council and the Commission. |
(1) OJ L 147, 18.6.1993, p. 25.
(2) http://ec.europa.eu/agriculture/eval/reports/protein_crops/index_en.htm.
(3) OJ L 162, 12.6.1982, p. 28.
(4) OJ L 160, 26.6.1999, p. 1.
(5) OJ L 270, 21.10.2003, p. 1.
(6) OJ L 30, 31.1.2009, p. 16.
(7) OJ L 316, 2.12.2009, p. 27.
(9) OJ C 66 E, 20.3.2009, p. 29.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/65 |
Tuesday 8 March 2011
Equality between women and men – 2010
P7_TA(2011)0085
European Parliament resolution of 8 March 2011 on equality between women and men in the European Union – 2010 (2010/2138(INI))
2012/C 199 E/08
The European Parliament,
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having regard to Article 2 and Article 3(3), second subparagraph, of the Treaty on European Union (TEU) and Article 157 of the Treaty on the Functioning of the European Union (TFEU), |
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having regard to Article 23 of the Charter of Fundamental Rights of the European Union, |
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having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), |
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having regard to the Stockholm Programme (1), |
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having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2), Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (3) and Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (4), |
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having regard to the annual Commission reports on equality between women and men in the European Union for 2000, 2001, 2002, 2004, 2005, 2006, 2007 and 2008 (COM(2001)0179, COM(2002)0258, COM(2003)0098, COM(2004)0115, COM(2005)0044, COM(2006)0071, COM(2007)0049 and COM(2008)0010 respectively), |
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having regard to the Commission report of 18 December 2009 on equality between women and men – 2010 (COM(2009)0694), |
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having regard to Directive 2006/54/EC of the European Parliament and the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (5), |
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having regard to Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (6), |
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having regard to Council Directive 2010/18/EU of 8 March 2010, implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (7), |
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having regard to the Commission communication of 3 October 2008 entitled ‘A better work-life balance: stronger support for reconciling professional, private and family life’, (COM(2008)0635), |
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having regard to Directive 89/552/EEC on Television without Frontiers, |
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having regard to the Commission report of 3 October 2008 entitled ‘Implementation of the Barcelona objectives concerning childcare facilities for pre-school-age children’ (COM(2008)0638), |
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having regard to the Commission communication of 21 September 2010 entitled ‘Strategy for equality between women and men 2010-2015’ (COM(2010)0491), |
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having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination Against Women and the UN Beijing Platform for Action, |
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having regard to the European Gender Equality Pact adopted by the European Council of 23 and 24 March 2006, |
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having regard to the European Commission’s Advisory Committee on Equal Opportunities for Women and Men and its opinion on the gender pay gap adopted on 22 March 2007, |
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having regard to the Council of Europe’s Commissioner for Human Rights’ Issue Paper on Human Rights and Gender Identity (2009), |
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having regard to the Fundamental Rights Agency’s report on homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity (2010), |
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having regard to its resolution of 6 May 2009 on the active inclusion of people excluded from the labour market (8), |
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having regard to its resolution of 10 February 2010 on equality between women and men in the European Union – 2009 (9), |
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having regard to its resolution of 17 June 2010 on gender aspects of the economic downturn and financial crisis (10), |
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having regard to its resolution of 17 June 2010 on assessment of the results of the 2006-2010 Roadmap for Equality between Women and Men, and forward-looking recommendations (11), |
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having regard to its resolution of 19 October 2010 on precarious women workers, |
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having regard to its resolution of 13 March 2007 on a Roadmap for Equality between Women and Men (2006-2010) (12), |
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having regard to its resolution of 3 September 2008 on ‘Equality between women and men – 2008’ (13), |
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having regard to its resolution of 18 November 2008 with recommendations to the Commission on the application of the principle of equal pay for men and women (14), |
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having regard to its resolution of 15 December 2010 on the impact of advertising on consumer behaviour (15), |
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having regard to Rule 48 of its Rules of Procedure, |
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having regard to the report of the Committee on Women’s Rights and Gender Equality and the opinion of the Committee on Employment and Social Affairs (A7-0029/2011), |
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A. |
whereas equality between women and men is a fundamental principle of the EU, recognised in the Treaty on European Union and the Charter of Fundamental Rights; whereas many inequalities between women and men remain, |
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B. |
whereas the European Union has not been spared by the economic and financial crisis, which has had equally devastating consequences for female and male employment, in particular the economic position of women, and which could prove more damaging for female employment in the long term, |
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C. |
whereas equality between women and men has a positive impact on productivity and economic growth, and helps to increase female participation in the labour market, which in turn has many social and economic benefits, |
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D. |
whereas gender-disaggregated data are necessary in order to compare the effects of the crisis on women and men; whereas the European Institute for Gender Equality could make a valuable contribution to that end, and whereas data are necessary in order to assess the impact poverty has on women’s health, in particular that of elderly women, since it is important to guarantee protection of women’s health, |
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E. |
whereas female unemployment is often underestimated because of the high rates of women who are either economically inactive (two-thirds of the 63 million inactive people between 25 and 64) or part-time unemployed, |
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F. |
whereas employment rates are lower in rural areas; whereas, moreover, a large number of women are not included in the official labour market and are therefore not registered as unemployed or included in unemployment statistics, which causes particular financial and legal problems in terms of maternity rights and sick leave, acquisition of pension rights and access to social security, as well as problems in the event of divorce; whereas rural areas are at a disadvantage due to the lack of high-quality job opportunities, |
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G. |
whereas women are at a disadvantage on the labour market on account of being more likely to be employed on part-time or involuntary short-term contracts and in particular at lower rates of pay than men; whereas this disparity is reflected in terms of pensions, putting women at a higher risk of poverty than men, |
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H. |
whereas disparities in the pay received by women and men still average 18 % in the European Union, exceed 25 % in some countries, and even 30 % in one Member State, and whereas, despite the efforts and progress made, the pay gap is narrowing very slowly, |
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I. |
whereas motherhood should not hold women back in their careers, but statistics clearly show that women with children work shorter hours than those without, unlike fathers who work longer hours than childless men, |
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J. |
whereas, at the Barcelona European Council of March 2002, the Member States were asked to provide by 2010 childcare for at least 90 % of children between three years old and the mandatory school age and at least 33 % of children under three years old, but there are still not enough publicly funded childcare facilities in many countries, which has a particularly negative impact on disadvantaged families, |
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K. |
whereas there is a correlation between the rate of female employment and women’s family responsibilities; whereas over 20 million Europeans (two thirds of whom are women) care for adult dependent persons, which stops them from having a full-time job; whereas this fact could aggravate the effects of population ageing, |
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L. |
whereas access to childcare services and assistance with the elderly and other dependants is vital to ensuring equivalent participation of women and men in the labour market, education and training, |
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M. |
whereas the burden of responsibility for housework is much greater for women than it is for men and is not evaluated in monetary terms of in terms of a recognition of its value, and whereas work at home caring for children, sick or elderly people is difficult and unpaid work, |
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N. |
whereas there is a need to eliminate gender stereotypes in education, which often result in children being steered into school and university subjects traditionally seen as the preserve of either men or of women; whereas it is important to promote diversification of school and career choices, |
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O. |
whereas the number of women and girls going into science – especially mathematics and the IT sector – is still very low, leading to severe gender segregation by sector, |
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P. |
whereas the crisis may exacerbate the sectoral and professional segregation of women and men, which not only has not decreased, but is increasing, in some countries, |
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Q. |
whereas the EU-2020 Strategy put an emphasis on ecological transformation, renewable sectors, and science and technology-intensive green jobs for a new sustainable economy; whereas the active inclusion and reintegration of women in the labour market is crucial to reaching the employment target of 75 % for women and men, |
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R. |
whereas there are generally more women than men graduating from universities (58,9 % of degrees are awarded to women) but whereas women’s pay is still on average 18 % lower than men’s pay, and women are under-represented in corporate, administrative and political positions of responsibility, |
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S. |
whereas the Network of Women in Decision-Making in Politics and the Economy, set up in June 2008, can help improve the gender balance in decision-making positions, |
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T. |
whereas greater representation of women at European, national, regional and local level is necessary for effective gender equality in our societies; whereas, in some Member States, the proportion of women in the national parliament is below 15 %, |
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U. |
whereas positive action for women has proven to be vital to ensuring their full integration in the labour market and society in general, |
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V. |
whereas women are at greater risk of poverty than men as a result of their truncated careers and lower salaries and pensions; whereas, in the context of the European Year for Combating Poverty and Social Exclusion, not enough attention has been paid to the underlying causes of female poverty, |
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W. |
whereas 2011 will be the European Year of Volunteering, and it is important to stress the potential benefits of promoting the principle of gender equality in volunteer programmes, |
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X. |
whereas minority women, especially Roma women, regularly face multiple and intersectional discrimination and are disadvantaged not only in comparison with majority women, but also in comparison with ethnic minority men, and are at particular risk of social exclusion, |
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Y. |
whereas violence against women is a violation of their fundamental rights, knows no geographic, economic, cultural or social bounds, and represents a fundamental obstacle to equality; whereas it is estimated that 20-25 % of women suffer physical violence in the course of their lives; whereas psychological violence can be just as devastating as physical violence, |
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Z. |
whereas the European Parliament has on numerous occasions called for the creation of a European Year to fight violence against women, |
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AA. |
whereas women face multiple forms of discrimination and are more vulnerable to social exclusion, poverty and extreme human rights violations, such as trafficking in human beings, especially if they do not belong to mainstream society, |
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1. |
Points out that male-dominated sectors, such as construction and manufacturing, were the first to be hit by the crisis but that the crisis has since spread to more gender-mixed sectors, thus leading to greater female unemployment; stresses that pay has declined most in female-dominated service sectors and in sectors funded by State budgets where most employees are women, and, consequently, women receive smaller pensions, which results in a higher level of poverty among elderly women; |
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2. |
Notes that in countries where equal treatment of men and women in the employment market has been achieved, it has had positive repercussions for economic and social development, and that equality policies should not therefore be abandoned in times of crisis, and that, despite the stated intention of the Member States and the Commission, consistently equal conditions have not yet been achieved; stresses that the recession has worsened what has been a constant trend over the last decade, namely the reduction of women to poverty, unemployment or insecure employment in far greater numbers than men, thus intensifying the feminisation of poverty in the EU; |
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3. |
Stresses that the Lisbon Strategy aims to integrate 60 % of women able to work into the labour market, while efforts at the demographic level should strive to promote a rise in the birth rate with a view to meeting the challenges of the future; |
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4. |
Stresses that the presence of women on the labour market is positive from the point of view of economic growth; notes that, according to OECD statistics, the female component contributed to a quarter of annual growth between 1995 and 2008; |
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5. |
Stresses that, in the event of loss of employment, the risk of not being re-employed is higher for women; |
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6. |
Calls for targets to be set for women to be included in activities or sectors, or at levels, from which they have previously been excluded and in which they are still under-represented, by means of measures to inform and motivate employers to recruit and promote women, especially in the sectors and categories mentioned; |
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7. |
Stresses that is it necessary to pay much more attention to the adequacy of women’s pensions, since working women interrupt their careers more often than men in order to care for children and sick or elderly family members, and as a result of their family commitments are more inclined than men to work part-time or undertake precarious work; |
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8. |
Calls for the impact of the crisis on women to be quantified by the drawing up of precise statistics with gender-disaggregated indicators, which are regularly updated and reassessed; adds that such statistics should make possible a more targeted response to cyclical and structural employment problems with a view to overcoming the crisis and fostering the spread of good practices; |
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9. |
Criticises the fact that economic recovery plans are focused on male-dominated labour sectors; highlights the fact that preferential support for the working future of men over that of women is increasing rather than reducing gender inequality; stresses the need to integrate gender equality policies in the national, European and international economic recovery plans to tackle the crisis; |
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10. |
Points out that employment rates for both men and women are lower in rural areas and that this places those living in the countryside at a disadvantage in terms of the lack of availability of quality jobs; in addition, many women are not part of the official labour market and therefore do not count as registered unemployed, and are thus faced with financial and legal problems in terms of maternity rights, sick leave and acquisition of pension rights; |
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11. |
Stresses that the present economic crisis has had an adverse impact on workers; notes that, although the level of education among women has increased considerably in recent years, and women now outnumber men among university graduates, many women are still compelled to take on secondary roles which are less well paid; |
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12. |
Stresses that women are overrepresented in precarious work, in involuntary part-time work and among people experiencing poverty, and therefore calls on Member States to ensure that policies to achieve the EU-2020 target with regard to poverty and social inclusion are aimed at women in proportion to the share of people experiencing poverty that they represent; |
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13. |
Points out that gender inequalities remain despite the increasing participation of women in the labour market; stresses that the economic and financial crisis should be seen as a chance to put forward new and innovative proposals on employment, remuneration, working hours and the filling of positions of responsibility; |
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14. |
Stresses the positive effect that equality between women and men has on economic growth; points out that several studies have calculated that, if women’s employment, part-time employment and productivity rates were similar to men’s, GDP would increase by 30 %; |
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15. |
Points out that the emergence of new sectors with a strong potential for job creation, such as ecology, the environment and new technologies, needs to be taken into consideration when employment policies are being formulated; stresses in this connection that women have an important role to play in these sectors; calls on the Member States to encourage girls not to neglect these types of sector; encourages the Commission to issue regular communications on these new perspectives; |
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16. |
Calls on the Member States, with the assistance of the Commission, to encourage women – by stepping up existing measures – to participate in vocational training in the context of lifelong learning, in response to the switch towards a sustainable economy, with the emphasis on SMEs, thereby enhancing the employability of female workers; |
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17. |
Calls for promotion of women’s access to wider opportunities in education, vocational training and employment in non-traditional sectors and at higher levels of responsibility; |
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18. |
Calls on the Commission to encourage dialogue with the social partners on issues such as transparency of pay, part-time and fixed-term contract conditions for women, and encouraging women’s participation in ‘green’ and innovative sectors; |
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19. |
Points out that organisations active in the social economy (foundations, mutual associations and cooperatives) can play a key role in economic recovery and that their employees are chiefly women; calls on the Member States to consider such organisations seriously when drawing up economic recovery policies; |
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20. |
Stresses the importance of developing the legal concept of shared ownership to ensure full recognition of women’s rights in the agricultural sector, appropriate protection in terms of social security and recognition of their work, and also the need to amend the Regulation on the European Agricultural Fund for Rural Development (EAFRD) so that, as with the European Social Fund (ESF), positive action can be taken for women in the future programming period 2014-2020, which was possible in previous periods but not in the current period, as these measures will be very beneficial in terms of female employment in the rural environment; |
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21. |
Stresses that eliminating the pay gap is a priority, and therefore regrets the fact that the Commission has not done enough to relaunch this debate at European level, particularly by revising the existing legislation applying the principle of equal pay for men and women, as Parliament requested in its resolution of 18 November 2009; |
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22. |
Calls on the Member States to increase their efforts to prevent segregation of job markets by gender and to counter the trend for many women to work in worse-paid occupations, by interesting boys and girls at school in the whole spectrum of possible occupations, and broadening training opportunities for women so as to enable them to adapt to changes in the labour market during their careers; is deeply concerned at the unfair situation whereby, after more than half a century in which the Community treaties have included the principle of equal pay for equal work, a female citizen in the EU has on average to work 418 calendar days to earn what a man earns in a calendar year; |
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23. |
Insists on the need for urgent action to fight wage discrimination, by measures such as revising the existing directive, drawing up phased sectoral plans with specific objectives, which could include reducing the pay gap to 0,5 % by 2020, the aim being to put an end to direct and indirect discrimination, or encouraging collective bargaining, training of equality counsellors, action on the issue of gender inequality in unpaid work, and the introduction of equality plans in companies and other workplaces; believes that transparency in wage determination should become the rule, so as to strengthen the bargaining position of women workers; |
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24. |
Calls on the European Commission and the Member States to introduce measures aimed at solving the current paradox in which women, despite being better educated, are still less well paid than men; stresses that, for optimum economic growth and genuinely sustainable development, women’s career potential needs to be fully exploited; |
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25. |
Stresses that separate income and high-quality paid employment for women form the key to their economic independence and to greater equality between women and men in society as a whole; |
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26. |
Calls on the Member States to apply the principle of gender equality to national pension systems as concerns both age and pay; |
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27. |
Calls on the EU Member States to implement legislation on equal pay for equal work properly, and calls on the Commission for the application of sanctions for non-compliant Member States; |
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28. |
Stresses that gender equality is not only a question of diversity and social justice: it is also a precondition for meeting the objectives of sustainable growth, employment, competitiveness and social cohesion set forth in the EU-2020 strategy; calls therefore upon the Commission to strengthen the gender dimension in all parts of the EU-2020 strategy, taking particular account of gender specificities, and devise specific measures and targets for gender equality in all measures to improve the European Employment Strategy; |
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29. |
Calls on the Commission, the Council and Member States to favour binding proposals instead of non-binding strategies and policy documents in the field of gender equality; |
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30. |
Believes that the Commission and the Member States should develop training and implementation tools so that all stakeholders take due account, in their respective fields of competence, of the perspective based on equal opportunities for women and men, including assessing the specific impact of policies on women and men; |
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31. |
Stresses the importance of developing quantitative and qualitative indicators and gender-based statistics that are reliable, comparable and available when needed, which must be used to monitor the mainstreaming of gender equality in all policies; |
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32. |
Believes that one priority should be the fight to eradicate poverty, by revising the macroeconomic, monetary, social and labour policies that are at its root, in order to ensure economic and social justice for women; believes that the methods used to determine poverty rates should be re-examined and that strategies should be developed to promote a fair distribution of income, guarantee minimum income, pay and decent pensions, create more high-quality jobs with rights for women, ensure access to high-quality public services for all women and young girls, and improve social welfare and respective local services, particularly crèches, nurseries, day centres, community and leisure centres, and family support services; |
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33. |
Welcomes the Commission’s launch of an EU-wide campaign to help tackle the gender pay gap; notes, however, that the pay gap between men and women remains, and therefore calls for a Europe-wide debate to combat stereotypes linked to the respective roles of men and women; stresses, therefore, the importance of organising awareness-raising campaigns in schools, workplaces and the media to combat persistent gender stereotypes and degrading images in particular; points out that campaigns should stress the role of men in ensuring a fair distribution of family responsibilities and a good work-life balance; |
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34. |
Takes the view that demographic change makes it necessary to realise the potential of women, and to increase their employment in order to reach the target employment rate of 75 % for women and men aged between 20 and 64, as stated in the EU-2020 strategy; believes at the same time that people should have a free choice to have children and that a fair work-life balance is a key condition to boost women's participation in the labour market; |
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35. |
Asks for concrete proposals with a view to achieving a better work-life balance, particularly with regard to help with care of dependent persons and child care; |
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36. |
Emphasises that the Commission and the Member States need to promote, support and reinforce the role of women in the social economy, in the light of the high level of female employment in that sector and the importance of the services it offers for the promotion of a fair work-life balance; |
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37. |
Asks the Commission to ensure that the various European rules on work-life balance are correctly transposed by the Member States by adapting working conditions between men and women; |
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38. |
Observes that part-time employment can have an adverse impact on the individual concerned, for example by placing obstacles in the way of careers and leading to poverty in old age, or alternatively that they may, on account of smaller incomes, require supplementary State assistance for purposes of subsistence or in the event of illness or unemployment; |
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39. |
Stresses the importance of communication campaigns to ensure the gender neutrality of traditionally male or female trades or activities; in the same respect, calls on the Member States to start a debate on the role of language in the persistence of stereotypes, particularly due to the feminisation or masculinisation of certain trade names; |
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40. |
Calls on public and private establishments to introduce equality plans in their internal rules and regulations, together with strict short-, medium- and long-term objectives, and to evaluate annually the achievement of these objectives; |
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41. |
Asks for concrete proposals with a view to achieving a better balance between work, family and private life, by fostering greater sharing of occupational, family and social responsibilities between men and women, particularly with regard to help with care for dependent persons and child care; |
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42. |
Calls on the Member States to support employment for the disadvantaged category of ‘pregnant women or mothers performing domestic tasks on their own’, encouraging the provision of jobs for this group that are decent, stable and compatible with a proper work-life balance; |
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43. |
Believes that in order to better combine working and caring; it is necessary to improve child-related leave, calls therefore on the Council for speedy adoption of a common position on the Parliament’s position of 20 October 2010 (16) on the revision of Council Directive 92/85/EEC; |
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44. |
Calls on the Member States to encourage the setting up or improvement of childcare facilities such as crèches and nurseries, and facilities for the elderly and other dependants with a view to providing good-quality, affordable services at times compatible with full-time working hours for as many people as possible; believes that these facilities offer huge support to parents and would make it easier for them to enter the workforce; |
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45. |
Emphasises that the family is a cornerstone of our society and is inherently associated with the transmission of values and with cooperation in a spirit of solidarity; underlines that introducing flexible working hours and providing teleworking opportunities, as well as extending child care and professionalising home help for the elderly, represent an important step towards making it possible to combine work and family life and to enhance equal participation of women and men in the labour market and in education and training; regrets the fact that the lack of adequate leave schemes, parental leave schemes and flexible working arrangements for both parents often prevents women from participating actively in the labour market or from working full time; considers that this also requires a change in corporate cultures with regard to the appointment and employment of women; calls therefore on the Council, the Commission and the Member States to prevent cuts in benefits or social services in the field of childcare, care of the elderly and vulnerable people as a result of the economic and financial crisis; |
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46. |
Reminds the Commission and the Member States of the need to adopt positive measures for both women and men, notably in order to facilitate returning to work after a period devoted to the family (bringing up children and/or caring for a sick or disabled relative), to promote policies for (re)integration in the labour market and, hence, recovery of financial independence; |
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47. |
Stresses that education plays a key role in inculcating in children the importance of gender equality as early as possible and in the acceptance of different cultures and an understanding of the impact of discrimination and prejudice; calls on the Member States to establish education programmes, as well as information and awareness-raising programmes on the values of the EU Charter of Fundamental Rights, particularly Article 23 thereof, for pupils throughout their school career; |
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48. |
Stresses the need for young people to be free to make their own career choices; points out, therefore, that teachers should not automatically guide pupils towards specific sectors for purposes of conforming to sexist stereotypes and that the full range of job opportunities should be highlighted; |
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49. |
Calls on the Member States to ensure, through awareness programmes within the education sector, that girls are not steered automatically in the direction of traditionally feminised sectors and careers; |
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50. |
Stresses the need to step up efforts at European level to increase women’s representation in politics; advocates, therefore, greater participation for women in all European institutions, particularly in positions of responsibility; stresses that further efforts must be made at national, regional and municipal level; calls for binding targets to ensure equal representation of women and men; notes in this regard the positive effects of the use of quotas on representation of women; points out, therefore, that the use of electoral quotas has positive effects on women’s representation; |
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51. |
Points out that only 3 % of major companies are chaired by a woman; stresses, therefore, the example of Norway, which since 2003 has successfully applied a quota policy to ensure parity on the management boards of companies, with this example now being followed by Spain and France; calls on the Member States to take effective measures, such as quotas, to ensure greater representation for women in major listed companies and on the management boards of companies in general, especially those with public participation; |
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52. |
Stresses that equality plans for businesses or sectors should be established, on a statutory basis, to combat gender injustice in employment in the Member States, which should be initiated and their implementation monitored by the two sides of industry; |
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53. |
Stresses the need for the Member States to take steps, particularly through legislation, to set binding targets to guarantee parity between men and women in positions of responsibility in companies, public administrations and political bodies; |
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54. |
Calls on the Member States to identify companies which promote gender equality and a good balance between work, family and private life and to spread good practices extensively, in particular via chambers of commerce; |
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55. |
Welcomes the general debate on increasing the proportion of women in management positions in industry and suggests introducing a voluntary quota for this in businesses, which should be based on the gender ratio within the work force; |
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56. |
Calls for action to be taken at national and European level to promote entrepreneurship among women by creating training and professional and legal advice structures and by facilitating access to public and private finance; |
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57. |
Encourages a regular exchange of information and experiences between stakeholders promoting gender equality, with a view to implementing good practices throughout society, at European, national, regional and local level and in both the private and the public sectors; |
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58. |
Calls on the Member States and the Commission to pay particular attention to vulnerable groups of women: disabled, elderly, immigrant, lesbian, bisexual and transgender, and minority women and women who have little or no training and are responsible for dependants, all of these being specific groups in need of measures tailored to their circumstances; calls on the Commission to broaden the scope of the European Year of Volunteering 2011 to include promotion of gender equality; |
|
59. |
Calls on the Commission to support the Member States in increasing the employment prospects of disadvantaged women, such as female immigrants, women from ethnic minorities, women with disabilities, and single mothers, thus increasing their chance of leading an economically independent life, by improving their access to education and vocational training; draws attention to the multiple discrimination affecting immigrant women on grounds of their gender, ethnic or racial origin and, in many cases, age; |
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60. |
Calls on national, regional and local bodies responsible for equality to adopt integrated approaches improving their response to and handling of cases of multiple discrimination; also stresses that these bodies should offer training to judges, juries and general staff so that they can identify, anticipate and handle situations of multiple discrimination; |
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61. |
Points out that women with disabilities are often discriminated against in social, cultural, political and professional life; calls on the Commission and the Member States to make concrete proposals with a view to improving their situation; |
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62. |
Calls on the Commission and the Member States to pay particular attention to Roma women in the implementation of the EU strategy on Roma inclusion; |
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63. |
Notes that transgender people remain a highly marginalised and victimised group facing a high degree of stigmatisation, exclusion and violence, as reported by the Fundamental Rights Agency; strongly encourages the Commission and the Member States to follow the Agency’s recommendations for stronger and clearer protection against discrimination on grounds of gender identity; |
|
64. |
Advocates access for women and men to adequate information and support on reproductive health, and stresses that women should have the same rights and opportunities as men to avail themselves of services in this area; stresses that women must have control over their sexual and reproductive rights, particularly through easy access to contraception and abortion; calls on the Member States and the Commission to adopt measures and actions raising awareness among men about their responsibilities in sexual and reproductive matters; |
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65. |
Points out that violence against women is a major hindrance to gender equality; calls on the Commission to start drawing up a proposal for a comprehensive directive on preventing and combating all forms of violence against women – whether physical, sexual or psychological –, including trafficking; |
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66. |
Welcomes efforts made at EU and national level to combat violence against women, but stresses that this remains a serious, unresolved problem and urges the Member States to take measures to ensure access to support services aimed at preventing gender-based violence and protecting women from such violence regardless of their legal status, race, age, sexual orientation, ethnic origin or religion; welcomes the resumption of debate on this form of violence, notably via the establishment of a European protection order and the Directive on Human Trafficking; calls on present and future EU presidencies to make further progress; stresses the need for the Council and Commission to accept the agreement reached in the European Parliament on the European protection order so that the Directive can enter into force as soon as possible; |
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67. |
Calls again on the Commission to create, within the next four years, a European Year to combat violence against women; points out in this regard that this will raise awareness among European citizens and mobilise governments to fight violence against women; |
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68. |
Stresses the need to conduct a wide-ranging survey covering all the EU countries and using a common methodology to determine the real scope of the problem; points to the important work to be carried out in this area by the European Observatory on Gender Violence, which will provide high-quality statistics to support political measures combating this social scourge; |
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69. |
Calls on the Member States to ensure better training for, and cooperation between, staff in the health sector, social services, the police and the judiciary, and to set up structures capable of dealing with all forms of violence against women, including rare forms of serious physical and psychological violence such as acid attacks; |
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70. |
Stresses the importance of the Member States and regional and local authorities taking action to aid reintegration into the labour market for women who have suffered gender violence, using instruments such as the ESF or the PROGRESS programme; |
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71. |
Points out that schemes helping women’s organisations and civil society in general to collaborate with and participate in processes to integrate the gender perspective must be improved; |
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72. |
Stresses the need to integrate the gender perspective and the fight against gender violence in the external and development cooperation policy of the European Union; |
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73. |
Calls on the European Commission to encourage the Member States to promote, in the media in general and in advertising and promotional material in particular, a representation of the female image that is respectful of the dignity, role diversity and identity of women; |
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74. |
Calls on the Commission and the budgetary authority to comply with gender budgeting criteria when drawing up budgets and their new EU multiannual financial framework; encourages Member States to follow this example when drawing up national public budgets; |
|
75. |
Instructs its President to forward this resolution to the Council and the Commission, and to the governments of the Member States. |
(1) Council of the European Union document Nr. 5731/10 of 3 March 2010.
(2) OJ L 180, 19.7.2000, p. 22.
(3) OJ L 303, 2.12.2000, p. 16.
(4) OJ L 373, 21.12.2004, p. 37.
(5) OJ L 204, 26.7.2006, p. 23.
(6) OJ L 180, 15.7.2010, p. 1.
(7) OJ L 68, 18.3.2010, p. 13.
(8) OJ C 212 E, 5.8.2010, p. 23.
(9) OJ C 341 E, 16.12.2010, p. 35.
(10) Texts adopted, P7_TA(2010)0231.
(11) Texts adopted, P7_TA(2010)0232.
(12) OJ C 301 E, 13.12.2007, p. 56.
(13) OJ C 295 E, 4.12.2009, p. 35.
(14) OJ C 16 E, 22.1.2010, p. 21.
(15) Texts adopted, P7_TA(2010)0484.
(16) Texts adopted, P7_TA(2010)0373.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/77 |
Tuesday 8 March 2011
Female poverty
P7_TA(2011)0086
European Parliament resolution of 8 March 2011 on the face of female poverty in the European Union (2010/2162(INI))
2012/C 199 E/09
The European Parliament,
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having regard to Articles 2 and 3(3), second subparagraph, of the Treaty on European Union, |
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having regard to Articles 8, 151, 153 and 157 of the Treaty on the Functioning of the European Union, |
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having regard to the Charter of Fundamental Rights of the European Union, in particular its provisions on social rights and on equality between men and women, |
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having regard to the 1948 Universal Declaration of Human Rights, |
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having regard to the 1966 United Nations International Covenant on Economic, Social and Cultural Rights, |
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having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), |
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having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995, |
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having regard to the Millennium Development Goals defined by the United Nations in 2000, in particular Goal 1 (eradicate extreme poverty and hunger) and Goal 3 (promote gender equality), |
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having regard to the Council of Europe Parliamentary Assembly Resolution 1558 (2007) on the feminisation of poverty, |
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having regard to Directive 2006/54/EC of the European Parliament and the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (1), |
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having regard to Decision No 1098/2008/EC of the European Parliament and of the Council of 22 October 2008 on the European Year for Combating Poverty and Social Exclusion (2010) (2), |
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having regard to Decision No 283/2010/EU of the European Parliament and of the Council of 25 March 2010 establishing a European Progress Microfinance Facility for employment and social inclusion (3), |
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having regard to draft Council conclusions of 30 October 2007 on the Review of the implementation by the Member States and the EU institutions of the Beijing Platform for Action - Indicators in respect of Women and Poverty (13947/07), |
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having regard to the Commission report of 3 October 2008 on the Implementation of the Barcelona objectives concerning childcare facilities for pre-school-age children (COM(2008)0638), |
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having regard to Commission Report on equality between women and men 2010 (COM(2009)0694), |
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having regard to the Commission Staff Working Document accompanying the Commission Report on equality between women and men 2010 (SEC(2009)1706), |
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having regard to the Commission Communication on the Strategy for equality between women and men 2010-2015 (COM(2010)0491), |
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having regard to the Commission Staff Working Documents accompanying the Commission Communication on the Strategy for equality between women and men 2010-2015 (SEC(2010)1079) and (SEC(2010)1080), |
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having regard to the Commission Communication on Europe 2020: A strategy for smart, sustainable and inclusive growth (COM(2010)2020), |
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having regard to the Eurofound report of 24 March 2010‘Second European Quality of Life Survey: Family life and work’, |
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having regard to its resolution of 13 October 2005 on women and poverty in the European Union (4), |
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having regard to its resolution of 18 November 2008 with recommendations to the Commission on the application of the principle of equal pay for men and women (5), |
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having regard to its resolution of 6 May 2009 on the active inclusion of people excluded from the labour market (6), |
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having regard to its resolution of 10 February 2010 on equality between women and men in the European Union – 2009 (7), |
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having regard to its resolution of 17 June 2010 on gender aspects of the economic downturn and financial crisis (8), |
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having regard to its resolution of 17 June 2010 on assessment of the results of the 2006-2010 Roadmap for Equality between women and men, and forward-looking recommendations (9), |
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having regard to its resolution of 7 September 2010 on the role of women in an ageing society (10), |
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having regard to its resolution of 19 October 2010 on precarious women workers (11), |
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having regard to Rule 48 of its Rules of Procedure, |
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having regard to the report of the Committee on Women’s Rights and Gender Equality and the opinion of the Committee on Employment and Social Affairs (A7-0031/2011), |
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A. |
whereas, according to the abovementioned Decision 1098/2008/EC the activities in the framework of the European Year for combating poverty and social exclusion should have taken into account of the different risks and dimensions of poverty and social exclusion experienced by women and men; whereas 85 million Europeans live below the poverty line and 17 % of all women in the EU’s 27 countries are classed as living in poverty; whereas, moreover, in the past 10 years the number of women living in poverty has risen disproportionately in relation to the number of men; whereas parental poverty often leads to child poverty and seriously affects children later in life, |
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B. |
whereas the European Union is confronted with a major economic, financial and social crisis that particularly handicaps women in the labour market and in their personal lives, since they are more likely to be in insecure jobs, more liable to be made redundant and less likely to have social security cover; whereas, moreover, in times of economic recession, people who are already at risk of falling into poverty, the majority of whom are women, become even more vulnerable, especially groups that already face numerous disadvantages, |
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C. |
whereas the austerity measures being implemented across the EU will have a particularly damaging impact on women, who dominate the public sector both as employees and as beneficiaries of services, |
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D. |
whereas combating poverty is one of the Commission’s five measurable targets proposed for EU 2020; whereas Integrated Guideline 10 of the Europe 2020 Strategy (Promoting social inclusion and combating poverty) would encourage the adoption of national policies to protect women, in particular, from the risk of poverty, ensuring income security for one-parent families or elderly women, |
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E. |
whereas gender equality is a weapon for fighting poverty amongst women, as it has a positive impact on productivity and economic growth and leads to greater participation of women in the labour market, which in turn has many social and economic benefits, |
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F. |
whereas the female employment rate is 59,1 % on average; whereas since 2000, the average gender pay gap has remained significant, reaching almost 18 % in the EU as a whole and up to more than 30 % in some Member States in 2010 and the principle of equal pay for men and women is one of the basic principles set out in the European treaties; whereas the gender-segregated labour market has direct consequences for women, |
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G. |
whereas in 16 Member States the risk of extreme poverty amongst women greatly exceeds the risk of extreme poverty amongst men, |
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H. |
whereas employment itself does not constitute adequate protection against extreme poverty; whereas, mainly as a consequence of occupational segregation, more women than men work in lower-paid jobs, whilst it is often the case that social security payments alone offer no protection against extreme poverty either, |
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I. |
whereas the longer the period of living in poverty with a particularly low income, the greater the risk of falling into a state of permanent economic privation and social exclusion; whereas, therefore, measures to combat poverty should not simply aim to help those who are already living in extreme economic deprivation but should also seek promptly to prevent and tackle factors which lead citizens and in particular women into extreme economic and social deprivation, |
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J. |
whereas there are considerable age and gender disparities in the amount of time spent on unpaid work and daily involvement in caring activities; whereas women in particular experience the greatest unpaid workload; |
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K. |
whereas universal access and affordable, high quality support services such as childcare facilities, facilities for the elderly and other dependants is important for equal participation of women and men in the labour market and as a means to prevent and reduce poverty, |
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L. |
whereas elderly people face a higher risk of poverty than the general population, reaching a rate of around 19 % of those aged 65 years and over in 2008 in the EU-27; whereas older women are in a particularly precarious position as their right to a pension income is often derived from their marital status (spousal or survivor benefits) and they rarely have adequate pension rights of their own due to career breaks, pay gap and other factors and as a result, women are more affected than men by persistent and extreme poverty (22 % of women aged 65 and over are at risk of poverty compared to 16 % of men), |
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M. |
whereas women, in particular in rural areas, are more often part of the informal economy than men, not being registered on the official labour market, or have short-term working contracts, which generates particular problems as regards women’s social rights, including rights during pregnancy, maternity leave and breastfeeding, the acquisition of pension rights and access to social security, |
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N. |
whereas poverty is a factor associated with an increased risk of gender-based violence, which is a major barrier to gender equality; whereas, since domestic violence frequently leads to job loss, poor health and homelessness, it can also push women into a cycle of poverty; whereas, in addition, trafficking in human beings is a modern form of slavery that affects women and girls on a large scale and constitutes a significant factor that is both driven by and contributes to poverty, |
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O. |
whereas violence against women, in all its forms, is one of the most widespread human rights violations, knowing no geographical, economic, or social limits; whereas it is a severe problem in the Union, where some 20-25 % of women suffer physical violence, and more than 10 % sexual violence, in the course of their adult lives, |
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P. |
whereas disabled women suffer discrimination within the family environment and in education, their employment opportunities are restricted and the social benefits they receive do not in most cases lift them out of poverty; whereas Member States should, therefore, provide disabled women with the specialised care they need in order to enjoy their rights and should propose measures to facilitate their integration through additional support programmes, |
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Q. |
whereas women are increasingly bearing the burden of poverty, being at risk of poverty, in particular categories of women with special needs, such as disabled women, elderly women and parents bringing up a child without a partner (especially single mothers and widows with dependent children) and groups most vulnerable to exclusion, such as Roma women, under whose traditions domestic and care work are assigned exclusively to women, removing them prematurely from education and employment, and immigrant women; whereas there is a need for proper working conditions, including the protection of rights such as a decent wage, maternity leave and a working environment free from discrimination, which are essential for these women, |
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R. |
whereas the Progress programme is intended to support the effective implementation of the principle of gender equality and promote gender mainstreaming in EU policies; whereas this programme is a tool of utmost importance in combating the feminisation of poverty, |
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S. |
whereas the life expectancy for women is about six years longer than for men, with statistics for the EU-27 in 2007 showing men living to 76 years old and women to 82 years old; whereas this has important implications for female poverty, particularly as women have greater difficulty than men in accessing social security and pension systems, |
Feminisation of poverty
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1. |
Considers that preventing and reducing women’s poverty is an important component of the fundamental principle of social solidarity to which the European Union is committed as provided in Article 3 of the Treaty on European Union, implying equality between women and men, social justice and protection and combating social exclusion and discrimination; |
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2. |
Recognises that ‘the feminisation of poverty’ means that women have a higher incidence of poverty than men, that their poverty is more severe than that of men and that poverty among women is on the increase; |
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3. |
Points out that, according to the Eurostat ‘at-risk-of poverty’ indicator, nearly 85 million persons in the European Union were at risk of poverty in 2008, and that according to the ‘material deprivation’ indicator it is estimated that the figure would rise to 120 million; considers that the Council’s decision on poverty indicators may give rise to ambiguities concerning the overall reduction target of lifting 20 million persons out of poverty and exclusion by 2020 (reduction of 23,5 % according to Eurostat’s ‘at-risk-of poverty indicator’, but only 16,7 % according to the ‘material deprivation’ indicator); stresses that those living in poverty are for the most part women, a situation brought about by unemployment, casual labour, low wages, pensions below the minimum subsistence level, and the widespread difficulty of obtaining access to good public services; |
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4. |
Stresses that gender inequality hinders poverty reduction and endangers the prospects of economic and human development; |
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5. |
Calls on the Member States to mainstream the concept of gender equality in all employment policies and special measures so as to improve access to employment, avoid over-representation of women in precarious employment, increase sustainable participation and promote the progress of women in the employment sector, as well as to reduce gender segregation in the labour market by tackling the direct and indirect causes; |
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6. |
Indicates that female poverty is not only the result of the recent economic crisis but the consequence of various factors including stereotypes, existing gender pay gaps, barriers caused by the lack of reconciliation between family and work life, the longer life expectancy of women and, in general, the various types of gender discrimination, victimising mostly women; |
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7. |
Recalls that the Commission has designated 2010 as European Year for Combating Poverty and Social Exclusion, in order to reaffirm and strengthen the Union’s political commitment to achieving a decisive advance in the fight against poverty and recognise the fundamental right of those living in poverty and social exclusion to live a decent life and participate fully in society; |
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8. |
Recalls that the European Year for Combating Poverty and Social Exclusion 2010 was supposed to be not only a media campaign, but an initiative to further stimulate multidimensional policies against poverty and more advanced poverty indicators; therefore asks the Commission to give a critical overview of new measures undertaken by Member States to overcome poverty and social exclusion in this context; |
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9. |
Suggests that it is necessary to maintain, at both European and national level, a firm commitment to making further progress towards gender equality, by means of strategies furthering the Commission’s guidelines on parity between women and men, the European Pact for Gender Equality adopted by the Council of Europe, and the framework of action on gender equality concluded by the European social partners; |
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10. |
Stresses that gender equality is one of the prerequisites for sustainable growth, employment, competitiveness and social cohesion; |
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11. |
Invites the Commission and the Council to take due account of Parliament’s demands raised in its resolutions of 15 November 2007 on social reality stocktaking (12), of 9 October 2008 on promoting social inclusion and combating poverty, including child poverty, in the EU (13), of 6 May 2009 on the active inclusion of people excluded from the labour market and of 20 October 2010 on the role of minimum income in combating poverty and promoting an inclusive society in Europe (14) when designing policies and measures for the next stage of the OMC on Social Inclusion and Social Protection, the Social Inclusion Strategy and the ‘Europe 2020’ flagship initiative on combating poverty and social exclusion, involving all stakeholders in a participatory process; |
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12. |
Takes note of the Commission Communication on the Strategy for equality between women and men 2010-2015; calls on the European Commission and Member States to adopt a gender-specific perspective as a key component of all common policies and national programmes to eradicate poverty and combat social exclusion; |
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13. |
Welcomes the Commission initiative on a ‘European platform against poverty’; calls on the Commission and Member States to promote the gender dimension in this platform; |
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14. |
Calls on the Commission to strengthen the European strategy on social inclusion and protection, in accordance with the abovementioned ‘European platform against poverty’ initiative, and to step up efforts to improve the situation of single parents in particular, to allow them to live with dignity; |
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15. |
Points out that, as a consequence of the economic crisis, unemployment and social hardship are still increasing in a number of Member States and affect young and old people, men and women and their families differently, and therefore calls on the European Union and Member States to reinforce their commitment and take specific measures to eradicate poverty and combat social exclusion, particularly poverty among women and its direct impact on family life, as poverty and social exclusion constitute a violation of human rights and affect at least one in six European citizens; calls on the Commission and the Member States to put specific emphasis on the most vulnerable groups (single-parent households, families with three or more children, disabled people, ethnic minorities, especially the Roma, people living in the most disadvantaged microregions, people with decreased work capacity and young people without work experience); believes that access to education and the labour market and participation in society are needed for a decent life; calls on the European Union and Member States to ensure that measures are taken to eradicate child poverty and that all children have equal opportunities in life; |
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16. |
Points out that women’s integration into the labour market in recent decades indicates not only a greater direct impact of the recession on women themselves but also on households, where incomes will be significantly affected by female job losses; stresses that female unemployment can be expected to rise disproportionately as public sector budget cuts are announced, since women are disproportionately employed in education, health and social services; |
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17. |
Encourages the Commission and the Member States to implement the indicators in respect of women and poverty developed in connection with the Beijing Platform for Action as a tool to monitor the impact of broader social, economic and employment policies on reducing poverty; calls on the Member States to find more appropriate methods of measuring poverty among women; |
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18. |
Calls on the Commission and the Member States to provide systematic gender-disaggregated data and information in national reporting and in the annual Joint Report on Social Protection and Social Inclusion; |
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19. |
Calls on the Commission and the Member States to introduce new individual indicators in respect of women and poverty as a tool to monitor the impact of broader social, economic and employment policies on women and poverty; |
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20. |
Stresses the necessity to agree upon a follow up to the Women’s Charter, with the wide consultation of the European Parliament, and taking into account the views of the social partners and civil society, in order to promote mechanisms to achieve gender equality in all aspects of social, economic and political life; |
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21. |
Draws particular attention to the necessity to continue further with the researches and analyses regarding the phenomenon of ‘feminisation of poverty’; calls on the Commission and Eurofound to cooperate with the European Institute for Gender Equality and to initiate targeted research in order to assess, inter alia, the effects of the global crisis on women; |
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22. |
Urges the Member States to ensure that all individuals, especially the young and the elderly, have access to basic care; |
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23. |
Urges the Member States to ensure that elderly women with diseases typical of their age have access to preventive and diagnostic medicine, as a tool for combating social exclusion and poverty; |
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24. |
Calls on the Member States to facilitate access to medical care for immigrant women for diseases resulting from different eating habits and ritual practices; calls on the Commission and the Member States, accordingly, to frame health policies with a view to combating and preventing practices that are hazardous to women’s health and are also a cause of social exclusion and poverty; |
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25. |
Calls on the Member States to ensure that gender policies and EU principles are applied at all levels, locally and nationally; |
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26. |
Recalls that the fight against poverty and social exclusion is to be pursued both within the European Union and externally, in order to fulfil the commitment by the European Union and Member States to achieve the UN Millennium Development Goals by 2015; |
Combating women’s poverty through labour policies and social protection
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27. |
Calls on the Member States for specific programmes to promote the active inclusion or reintegration of women on the labour market and for specific opportunities for life-long training with a view to providing the skills and qualifications, such as empowerment, confidence building and capacity building, needed in the light of the EU 2020 Strategy which puts an emphasis on projects and programmes on ecological transformation, i.e. the renewable sector, science and technology-intensive green jobs for a new sustainable economy; calls, in the interests of not adding to the insecurity experienced by women on the employment market, for family responsibilities to be taken into account when selecting employees for dismissal, bearing in mind that in many situations women have custody of children; |
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28. |
Points to the considerable differences between residents in rural and urban areas as regards access to training, employment and quality of work; attaches considerable importance to the right of all these residents, particularly the youngest and most vulnerable, to receive a proper education, with vocational training and university studies, and therefore calls on the Member States and the Commission to support these groups through an effective system of active policies and appropriate training measures so as to enable them to adjust swiftly to job market requirements; |
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29. |
Points out that social protection, labour market policies and social policy make important contributions to lessening the depth and duration of the recession by stabilising labour markets and consumption, and that the social protection system is a stabiliser on both the revenue and the expenditure side; |
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30. |
Considers active employment policy (e.g. in-work training, vocational education and training) very important in preventing poverty and a process in which social partners play an essential role; deems moreover that proactive employment policy (e.g. work experience for the young, sheltered workshops and workplaces) is also crucial in ensuring the balance of, and increasing accessibility to, the labour market, and maintaining employment for disadvantaged groups; |
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31. |
Stresses the need to establish a transparent regulatory framework for atypical forms of employment in order to ensure proper working conditions and decent pay, given that finding employment is a motor for combating poverty; |
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32. |
Considers that integration of women into the labour market is a key to fighting poverty and social exclusion; stresses the importance of supporting the creation of new jobs, facilitating additional training and education for women living at risk of poverty and strengthening job placement; |
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33. |
Recognises the direct link between economic inequality and female dependency, as well as the inequalities still existing between men and women in terms of access to education, family responsibilities and the general upkeep of a family, and expresses its regret that the pay gap between the two genders continue to be present and produce negative effects; |
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34. |
Stresses that in case of unemployment the risk of not being re-employed is higher for women, and that they are also more likely to be at a disadvantage in recruitment, since more women are employed on insecure or part-time contracts without having so chosen or because unequal pay continues to affect women; |
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35. |
Points out that according to the Eurobarometer Special Survey ‘Gender equality in the EU in 2009’ the need to reduce the pay gap between men and women is widely recognised in Europe; |
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36. |
Calls on the Commission and the Member States to take the necessary measures to eliminate gender inequalities in employment as part of the EU 2020 Strategy; strongly encourages establishing as an objective the reduction of the gender pay gap by 1 % each year, in order to achieve a target of 10 % reduction by 2020 and ensure full pay for women during statutory maternity leave as recommended by its position of 20 October 2010 (15) on this matter, as this will contribute to eliminating gender inequalities in employment; stresses, moreover, the need for positive action to increase female representation in political, economic and corporate decision-making bodies; |
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37. |
Notes that women entrepreneurs’ access to credit is limited, which is a major obstacle to their professional development and economic independence, and which conflicts with the principle of equal treatment; |
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38. |
Calls on the policy makers, both at EU and national level, to build their policy responses aiming to limit the negative repercussions of the economic crisis on a gender-sensitive analysis of the labour market as well as systematic gender impact assessments and evaluations; |
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39. |
Calls on the Commission to continue with initiatives aimed at recognising the informal economy and quantifying the ‘economics of life’, using gender-specific approaches in accordance with the ‘Beyond GDP’ project launched by the Commission; calls on the Member States to provide appropriate social benefits for women and men who take care of elderly, sick or disabled relatives, and for elderly women, who receive particularly small pensions; |
|
40. |
Calls on the Commission to revise the existing legislation relating to the application of the principle of equal pay for men and women as requested by Parliament in its resolution of 18 November 2008 (16) (a legislative initiative requesting the Commission to submit an appropriate proposal by the end of 2009); |
|
41. |
Stresses the crucial importance of reforming macroeconomic, social and labour-market policies in order to guarantee economic and social justice for women, to reconsider the methods used to determine the poverty rate and to develop strategies to promote the fair distribution of wealth, to guarantee a minimum income and decent wages and pensions, to create more high-quality jobs for women, coupled with rights, to enable women and girls to benefit from public services of a high standard, and to improve welfare provision and neighbourhood services, including crèches, kindergartens and other forms of pre-school education, day centres, community leisure and family support centres and intergenerational centres, which should be made affordable and accessible to women and men and younger and older people alike and should be compatible with full-time working hours; |
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42. |
Calls on the Member States to set up counselling centres to identify and combat the exploitation of women workers, which is one of the main causes of poverty and social exclusion; |
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43. |
Calls on the Member States to consider reviewing social protection systems with a view to individualising rights in pensions and social security schemes in order to eliminate the ‘breadwinner advantage’, guaranteeing equal pension rights; |
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44. |
Emphasises the positive effect which equality between men and women has on economic growth; points out that various studies estimate that if employment, part-time employment and productivity rates for women were similar to those for men, GDP would increase by 30 %, which would not only benefit the economy as a whole but also reduce the risk run by many women of falling into poverty; |
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45. |
Calls on the Commission and Council to develop and implement as a matter of urgency a strategy to halve child poverty by 2012 and break the spiral of poverty in general, given the high risk that persistent poverty is transmitted from parents to their children, which might considerably disadvantage their children’s chances of a better life; thus emphasises the need to mainstream individual children’s rights in all EU policies and measures to monitor and evaluate steps undertaken to end child poverty, to identify and develop priority actions, to enhance data collection and to further develop common indicators at EU level; believes that in this context it is essential to facilitate single parents’ entry into and return to the labour market, as well as welfare arrangements for single-parent families in the light of the problems faced by them, while also ensuring concrete support for large families; considers that children from poor households in which no one works must receive special attention and support, in order to prevent poverty in future; |
|
46. |
Asks the relevant national authorities to review their immigration policies in order to dismantle structural obstacles to full labour market participation by migrants, to compile data on progress in relation to discrimination against vulnerable groups and to assess the impact of expenditure cuts related to access to health, education and social protection; |
|
47. |
Takes note of the Council’s decision of 17 June 2010 to leave it up to Member States to set, in cooperation with the regions, their national targets for reducing the number of people at risk of poverty and exclusion on the basis of one or several of the three indicators agreed upon by the Council; considers that Member States using only the ‘jobless household’ indicator may systematically neglect problems such as in-work poverty, energy poverty, the poverty of single parents, child poverty and social exclusion; urges Member States not to abuse the freedom to choose their indicator to achieve less ambitious anti-poverty targets; draws attention to the problems faced by millions of European pensioners whose pensions are inadequate in making ends meet and covering the particular needs associated with age, owing especially to the high cost of medicines and medical treatment; stresses that school and university education for the most vulnerable groups must be a priority target in connection with which each Member State must set targets; |
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48. |
Points out that, since equal and full participation in economic, political and social life should be considered an individual right, active social inclusion policies should use a holistic approach to eradicating poverty and social exclusion, especially by ensuring full access to quality social services and services of general (economic) interest for all; |
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49. |
Stresses the need to develop appropriate employment integration and training policies at national level, together with special tax arrangements for one-parent families, as part of the fight against poverty, child poverty and social exclusion; |
|
50. |
Stresses the need for measures to be taken at national and European level to combat discrimination as regards job market opportunities and wages policies; |
|
51. |
Calls on the Commission to closely examine obstacles to social participation such as energy poverty, financial exclusion and obstacles to accessing information and communication technology (ICT); |
|
52. |
Stresses the importance of coordinating policies to fight unemployment and social exclusion at all levels of government in order to combat poverty effectively; |
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53. |
Calls on the Member States to facilitate access to education and training programmes for immigrants and ethnic minorities, which will facilitate their participation in the labour market; |
Reconciliation of family life and work by women who live in poverty or are exposed to the risk of poverty
|
54. |
Calls on the Commission and the Member States to take the necessary measures to promote the reconciliation of work and private life, in order to enable women who are exposed to the risk of poverty to pursue their careers in full time work, or to provide access to part time work and other flexible work arrangements, including by means of reversible part-time work arrangements during periods spent as carers. |
|
55. |
Stresses that one-third of single-parent families in Europe are living in poverty; |
|
56. |
Calls on the Member States, in the context of the abovementioned procedure of amending Council Directive 92/85/EEC, to take the measures necessary to prevent the dismissal of workers during pregnancy and motherhood; calls on the Member States to take active measures to prevent discrimination against pregnant women on the labour market, as well as measures to ensure that motherhood does not affect the right of women workers to pensions and that the scale of those pensions is not affected by the fact they have taken maternity leave; |
|
57. |
Reminds the Member States that the provision of adequate childcare is a fundamental part of gender equality on the labour market; regrets that the 2002 Barcelona European Council targets on pre-school childcare provision for at least 90 % of children between 3 years old and the mandatory school age and at least 33 % of children under 3 years, which set objectives up to 2010, are far from being met; calls on the Council and the Member States to renew and fulfil their commitments related to the Barcelona targets for the provision of accessible, affordable and high quality child care and to develop new targets for the care of dependent persons; calls therefore on the Member States to improve accessibility, in particular through financial support for childcare, and to improve public childcare facilities and provide firms with incentives to set up in-house facilities; |
|
58. |
Calls on the Member States to take targeted action to ensure that women in a disadvantaged environment have fair access to public health systems - in particular to primary health care (including the protection of mothers and children) as defined by the World Health Organisation - and also to gynaecological and obstetric health care, decent housing, justice, education, training, life-long learning, sport and culture, to prevent the premature abandonment of schooling and facilitate a smooth transition from school to the labour market; |
|
59. |
Calls on the Member States to develop appropriate measures to support teenage mothers, who often have difficulty finding jobs and live in poverty owing to their frequently low level of education and to social prejudices; |
Combating poverty among older women
|
60. |
Stresses that the risk of falling into poverty is greater for women than for men, particularly in old age, where social security systems are based on the principle of continuous remunerated employment; points out that, in some cases, women do not fulfil this requirement because of interruptions to their work and that they are penalised because of discrimination on the labour market, in particular because of the wage gap, maternity leave and part-time work, or as a result of taking a break from or stopping work to take on family responsibilities, or of having worked in their husband’s business, particularly in the commercial and agriculture sectors, without remuneration and without social security affiliation; calls on the Member State governments to give recognition to the bringing up of children and ensure that this period counts towards a pension, thereby enabling women to benefit from full pensions; recommends that Member States ensure the provision of adequate pensions for women; |
|
61. |
Calls on the Member States to take action to ensure fair access for women to social security and pension systems, taking into account the higher life expectancy of women, and to ensure that the principle of equal treatment between women and men is applied consistently in pension insurance schemes in order to reduce the gender pensions gap; |
|
62. |
Calls on the Member States to provide adequate social security for the women responsible for the care of sick, elderly or disabled members of their families, and for elderly women who receive a particularly low pension; |
Impact of gender based violence on the risk of poverty
|
63. |
Points out that violence against women, which affects victims and perpetrators irrespective of age, education, income or social position, is still a major problem at European Union level, has an increasing impact on the risk of marginalisation, poverty and social exclusion and can be an obstacle to women’s financial independence, health and access to the labour market and education; once again calls on the Commission to establish a European Year for combating violence against women; |
|
64. |
Calls on the Member States to take the necessary measures to ensure the due recording, analysis and study of the factors which lead to domestic violence so that policies can be developed immediately to prevent and deal with the consequences of such violence, such as providing shelter for homeless women who are victims of domestic violence; |
|
65. |
Stresses the necessity to step up European efforts to eradicate human trafficking and sexual exploitation through closer judicial and police cooperation; urges the Member States to take the necessary measures to eliminate customary or traditional harmful attitudes and practices, including female genital mutilation, early and forced marriages, and honour crimes; |
|
66. |
Calls on the Member States to establish national plans to combat all forms of violence against women where such plans are not already in existence, to ensure ongoing and systematic monitoring to measure progress, to ensure the highest standards of legislation with regard to combating male violence against women and to provide adequate funding for the support and protection of victims of violence, as a way to prevent and reduce poverty; |
|
67. |
Recognises, in addition, that finding meaningful solutions to tackling female poverty may be one way of reducing gender-based violence, since women in poverty are at greater risk of abuse; |
|
68. |
Emphasises the importance of the Member States and regional and local authorities taking action to aid reintegration into the labour market for women who have suffered gender based violence, using instruments such as the European Social Fund (ESF) or the PROGRESS programme; |
|
69. |
Calls on Member States to take gender-specific measures to address issues which are not only linked to income poverty, but which relate to culture, social and political participation and social networks; |
Social dialogue and civil society in fighting women’s poverty
|
70. |
Stresses the importance of a structured social dialogue in fighting women’s poverty; points, in this regard, to the need to improve systems for taking part in, and collaborating with, women’s organisations, other NGOs and relevant stakeholders and civil society in general; |
|
71. |
Considers that a genuine dialogue should aim to enable the members of the most disadvantaged groups, together with the national and EU administration, to share viewpoints and to contribute to overcoming extreme poverty, providing a concrete example of the very best practice at European level in this area; |
|
72. |
Calls on the Commission to maintain the financial allocation that may be used among civil society organisations in fighting and curbing the effects of women’s poverty; |
Ensuring funding as a means to combat poverty
|
73. |
Emphasises the importance of the structural funds, in particular the European Social Fund, as a key tool for assisting Member States to combat poverty and social exclusion; calls on the Member States for more co-funded actions to give greater support to services such as care facilities for children and for elderly and dependent persons, including by testing new forms of public-private organisational and financial cooperation and new arrangements for such cooperation; calls on the Member States to ensure that the resources allocated are used fairly and properly; |
|
74. |
Emphasises the importance of developing the legal construct of shared ownership with the aim of ensuring that women’s rights in the agricultural sector are fully recognised, that they receive appropriate social security protection and that their work is recognised; stresses, moreover, the need for the European Agricultural Fund for Rural Development (EAFRD) Regulation (17) to be amended to enable, as with the European Social Fund (ESF), proactive measures to be taken in support of women in the 2014-2020 programming period, which was feasible in previous periods but not in the current one, and which will have very beneficial effects on female employment in rural areas; |
|
75. |
Welcomes the establishment of a European microfinance facility for employment and social inclusion; calls in this framework for specifically tailored actions, in particular technical assistance and back-up measures, oriented towards ensuring increased access and availability of microfinance for women who face difficulties entering the labour market or want to establish themselves as self-employed workers or launch their own micro-enterprises; |
*
* *
|
76. |
Instructs its President to forward this resolution to the Council, the Commission and the parliaments and governments of the Member States. |
(1) OJ L 204, 26.7.2006, p. 23.
(2) OJ L 298, 7.11.2008, p. 20.
(4) OJ C 233 E, 28.9.2006, p. 130.
(5) OJ C 16 E, 22.1.2010, p. 21.
(6) OJ C 212 E, 5.8.2010, p. 23.
(7) OJ C 341 E, 16.12.2010, p. 35.
(8) Texts adopted, P7_TA(2010)0231.
(9) Texts adopted, P7_TA(2010)0232.
(10) Texts adopted, P7_TA(2010)0306.
(11) Texts adopted, P7_TA(2010)0365.
(12) OJ C 282 E, 6.11.2008, p. 463.
(13) OJ C 9 E, 15.1.2010, p. 11.
(14) Texts adopted, P7_TA(2010)0375.
(15) European Parliament position of 20 October 2010 on the proposal for a directive of the European Parliament and of the Council amending Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (P7_TA(2010)0373).
(16) OJ C 16 E, 22.1.2010, p. 21.
(17) Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 277, 21.10.2005, p. 1).
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/89 |
Tuesday 8 March 2011
Restoration of reciprocity in the visa regime – solidarity with the unequal status of Czech citizens following the unilateral introduction of visas by Canada
P7_TA(2011)0087
Declaration of the European Parliament of 8 March 2011 on the restoration of reciprocity in the visa regime – solidarity with the unequal status of Czech citizens following the unilateral introduction of visas by Canada
2012/C 199 E/10
The European Parliament,
|
— |
having regard to Rule 123 of its Rules of Procedure, |
|
A. |
whereas in July 2009 Canada unilaterally imposed a visa requirement for citizens of the Czech Republic, whose status is now therefore unequal to that of other citizens in the EU, and Canada, despite repeated calls to do so, has not given a date on which it will abolish this visa requirement, |
|
B. |
whereas further delay in the termination of the unequal status of Czech citizens could threaten the future ratification of the Comprehensive Economic and Trade Agreement between the EU and Canada, |
|
C. |
whereas the Czech Republic cannot autonomously introduce a visa requirement for Canadian citizens, |
|
D. |
whereas the Commission and Council are not acting with sufficient forcibility in this matter, |
|
1. |
Calls on the Commission and Council to increase political pressure on Canada in order to set the earliest possible date for abolishing the visa regime for Czech citizens as well as ending other breaches of visa reciprocity towards citizens of Bulgaria and Romania; |
|
2. |
Emphasises that unless this breach of reciprocity is resolved soon, equivalent retaliatory measures by the EU are likely to follow; |
|
3. |
Calls on the Commission to establish, rather than bilateral arrangements, a new mechanism that guarantees full visa reciprocity for all Member States while ensuring that if a non-EU country breaches that visa reciprocity, all Member States will immediately restore the visa requirement for nationals of that country; |
|
4. |
Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission, the Council and the parliaments of the Member States. |
(1) The list of signatories is published in Annex 2 to the Minutes of 8 March 2011 (P7_PV(2011)03-08(ANN2)).
Wednesday 9 March 2011
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/90 |
Wednesday 9 March 2011
Guidelines for the 2012 budget - sections I, II and IV to X
P7_TA(2011)0088
European Parliament resolution of 9 March 2011 on the guidelines for the 2012 budget procedure, Section I – European Parliament, Section II – Council, Section IV – Court of Justice, Section V – Court of Auditors, Section VI – European Economic and Social Committee, Section VII – Committee of the Regions, Section VIII – European Ombudsman, Section IX – European Data Protection Supervisor, Section X - European External Action Service (2011/2017(BUD))
2012/C 199 E/11
The European Parliament,
|
— |
having regard to Article 314 of the Treaty on the Functioning of the European Union, |
|
— |
having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), |
|
— |
having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources (2), |
|
— |
having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), |
|
— |
having regard to the Annual Report of the Court of Auditors on the implementation of the budget for the financial year 2009, together with the audited institutions’ replies (4), |
|
— |
having regard to Rules 23(7) and 79 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Budgets (A7-0049/2011), |
|
A. |
whereas the current financial, economic and social situation of the EU obliges the institutions to respond with the quality and efficiency that is required and to employ strict management procedures so that savings may be achieved, |
|
B. |
whereas the institutions should be provided with sufficient resources, although in the current economic context those resources should be managed with rigour and efficiency, |
|
C. |
whereas at this stage of the annual procedure, Parliament is awaiting the other institutions’ estimates and its own Bureau’s proposals for the 2012 budget, |
|
D. |
whereas it is particularly desirable for the Committee on Budgets and the Bureau to continue with the enhanced cooperation between the two bodies for the fourth year in 2012, throughout the budget procedure, |
|
E. |
whereas, under Rule 23 of Parliament’s Rules of Procedure, the Bureau is responsible for taking financial, organisational and administrative decisions concerning the internal organisation of Parliament and the Committee on Budgets is responsible for establishing Parliament’s draft budget estimates in the context of the annual procedure, |
|
F. |
whereas the impact of the entry into force of the Lisbon Treaty on heading 5 should stabilise in 2012, although, for instance, the EEAS will have an impact which is still difficult to quantify at this moment, |
|
G. |
whereas, with Croatia’s accession scheduled for 2013, enlargement will have an impact on the budget for 2012, particularly as regards resources for the new Members and staff recruitment, |
|
H. |
whereas in past years the budgetary authority has agreed to take a prudent approach on administrative expenditure, thus leaving significant margins under the heading 5 ceiling, |
|
I. |
whereas the ceiling for heading 5 of the multiannual financial framework (MFF) for the EU’s budget in 2012 is EUR 8 754 million (representing an increase of EUR 340 million, or 4 %, compared to 2011, including 2 % for inflation), |
|
J. |
whereas in its capacity as colegislator Parliament has decided to find a reasonable match between its human resources and its new competences following the entry into force of the Lisbon Treaty (19,67 % of the heading 5 total in 2009, 19,99 % in 2010 and 20,03 % in 2011), |
|
K. |
whereas it is essential to monitor movements in heading 5 spending throughout 2011, in order to develop an appropriate forecast for the forthcoming budgets, |
|
L. |
whereas by decision of 24 March 2010 the Bureau adopted Parliament’s medium-term buildings strategy, which sets out some key parameters for its future property policy; whereas as part of that strategy Parliament has decided to continue to give priority to the purchase of buildings (where reasonable), focusing on geographical concentration in its places of work; whereas early payment, with a view to reducing financing costs, remains one of the key priorities for the future, |
General framework and priorities for the 2012 budget
|
1. |
Underlines the difficult situation with respect to the heading 5 expenditure ceiling for 2012, and is fully aware of the fact that the institutions may encounter problems in meeting all financing requirements while maintaining budgetary discipline and self- restraint in order to comply with the multiannual financial framework; |
|
2. |
Sets the principle of legislative excellence, as a priority, to ensure an appropriate response to the current political challenges, which requires the consolidation of the resources needed to address the new institutional framework resulting from the entry into force of the Lisbon Treaty; takes the view that the budget of Parliament and the other institutions for 2012 should be a budget of consolidation, not least because it may also serve as a reference for the next multiannual financial framework; |
|
3. |
Points out that this consolidation effort should not prevent investments (e.g. in technology) which would result in future long-term savings; |
|
4. |
Views as another priority the principles of good management (Article 27 of the Financial Regulation), namely economy, efficiency and effectiveness; takes the view that these principles should be clearly reflected, in the spirit of accountability in the budgets of Parliament and the other institutions, as well as in their organisational cultures; believes, accordingly, that in the implementation of the various policies the results achieved must be taken into account and that variable expenses should, whenever possible and when their scale so demands, be made subject to regular cost-benefit evaluations; |
|
5. |
Believes that, as a result of implementation of these principles, institutions should submit cost cutting plans; takes the view, in this connection, that thought should be given to the advantages of centralisation, so as to generate economies of scale (e.g.: centralised procurement, shared services between the institutions), as well as to what should remain, or be, decentralised; |
|
6. |
Believes that accuracy, simplicity, clarity and transparency must be the result of the implementation of the principles of good management; requests, in this connection, the submission of an organisation chart for each institution, together with the respective cost of each constituent unit; requests, moreover, that each expense be clearly specified and justified, with a clear distinction between fixed and variable expenses in order to fulfil the principles of a zero-based budget; |
|
7. |
Considers that, at the latest starting from the next multiannual financial framework, Parliament’s budget and the budgets of the other institutions should be the result of multiannual planning covering the duration of that framework; |
|
8. |
Points out that the necessary preparations should be made at interinstitutional level in order to accommodate staff from Croatia with a view to a possible enlargement of the EU; |
|
9. |
Takes the view that Parliament and the other institutions should submit biannual reports on the implementation of their own budgets, giving details of the implementation of each budget line; |
|
10. |
Takes the view that environmental policy and EMAS (5) should be part of Parliament’s and the other institutions’ cultures and that, for that purpose, measures for the reduction of paper consumption, energy, water and emissions should be submitted; |
|
11. |
Reiterates that interinstitutional cooperation, whenever possible and appropriate, is essential in order to exchange best practices that favour effectiveness and allow for savings; considers that interinstitutional cooperation should be improved as regards translation, interpretation, recruitment (EPSO) and EMAS and should be extended to other areas; requests that there should be a thorough review of freelance translation and the role of the translation centre; |
|
12. |
Recalls the need for a fully integrated knowledge management system; welcomes the information provided by the Administration regarding the knowledge management system; calls for a progress report on the multitude of information sources/systems available to Members; calls for a clear timetable to be established for the design of a prototype; stresses the need for speedy implementation of a classification and indexing policy; requests information on how this system can be made easily accessible to European citizens; |
|
13. |
Stresses that it is important for the European Parliament and the other institutions to adopt an ambitious and far-reaching digital strategy with regard to the Web 2.0 tools and social networks in particular, to strengthen the link between Europe and its citizens; further considers that Parliament and the other institutions should develop an electronic governance strategy; calls for teleworking to be used where appropriate; calls on the Bureau to consider the introduction of a cloud computing system to reduce the operating costs of the computer system, improve its performance and bring greater mobility to Parliament’s work; |
|
14. |
Stresses that financial statements and similar types of cost analyses are of the highest importance for decision-making within the institution; insists that these should be used systematically and should identify the recurrent and one-off costs (i.e. fixed costs and variable costs) directly linked to each specific measure; |
|
15. |
Asks for use to be made of staff redeployment and of retraining in order to enhance mobility; recommends that new staff only be recruited after internal redeployment and training procedures have failed and where the option of buying in external services is not appropriate; |
|
16. |
Takes the view that a joint and coordinated strategy for budgetary implementation should be agreed between all the institutions affected by the accession of Croatia; requests an estimate to be made of the implications for heading 5; |
|
17. |
Believes that all the institutions should have active non-discrimination policies and should adapt their buildings and human resources policies to ensure easier access for people with disabilities; |
|
18. |
Emphasises that in a context of economic crisis, the heavy burden of public debt and restraint in times of ongoing national budgetary consolidation efforts, the European Parliament and the other institutions should show budgetary responsibility and self-restraint; |
Parliament
|
19. |
Takes the view that Parliament’s goal should be to develop legislative excellence and that all the necessary resources should be available for this purpose, while respecting budgetary constraints; |
|
20. |
Believes that Parliament should show budgetary responsibility and self-restraint by staying around the inflation rate; following the interinstitutional line, enlargement-related needs are to be integrated either by an amending letter or amending budget; the needs for the 18 new MEPs following the Lisbon Treaty will be also integrated by an amending letter or amending budget; |
|
21. |
Considers that the additional staffing resources allocated to Parliament’s Administration to face the new challenges arising from the Lisbon Treaty should now enter a consolidation phase; insists that organisational structures should be such that they foster the creation of synergies by drawing on the respective expertise of existing specialised units; |
|
22. |
Points out that Parliament’s budget for 2011 amounts to EUR 1 685 m., representing 20,03 % of heading 5; |
|
23. |
Expects the Bureau to submit realistic requests when presenting the estimates; is ready to examine its proposals on a fully needs-based and prudent basis in order to ensure appropriate and efficient functioning of the institution; stresses that the purpose of the amending letter presented by the Bureau to the Committee on Budgets in September is to take into account needs unforeseen at the time the estimates were drawn up, and stresses that it should not be seen as an opportunity to renew estimates previously agreed; following the interinstitutional line, the enlargement-related needs shall be integrated either in an amending letter or amending budget; the needs for the 18 new MEPs following the Lisbon Treaty will be also integrated by an amending letter or amending budget; |
|
24. |
Requests a detailed and clear overview of those budget lines that were under-implemented in 2010 and looks forward to analysing the reasons for this; also wishes to receive an account of all carry-overs and their use in 2010, as well as an update on the final assigned revenues compared to the amounts that were budgeted; |
|
25. |
Considers that Members must be given access to quality services in order to be able to perform their duties on an equal footing; stresses, therefore, the importance of equal treatment of Members of all nationalities and languages in terms of possibility for them to carry out the duties and political activity incumbent upon them in their own language if they so choose; finds, for instance, the absence of interpretation in committee meetings to be unacceptable; believes that the principle of sound financial management needs to apply to interpretation and translation as well; |
|
26. |
Is also of the opinion that all means must be sought to increase the flexibility of interpretation as a crucial step in ensuring good working practices and notes that, in many instances, problems and financial wastage could be avoided if there were a possibility to swap languages at short notice depending on the actual attendance at meetings rather than the planned attendance; |
|
27. |
Urges that a thorough review should be implemented as to whether the right of freedom of access for European citizens to meet with their European representatives could be more effectively matched with the urgent need to provide security for those who work in the institutions; asks the Secretary-General to submit such a report by 30 June 2011; |
|
28. |
Takes the view that, as already decided, a fully functioning wifi service must be implemented so as to enable the goal of reducing the use of paper to be met; considers that the use of videoconferencing for meetings should be encouraged, as should the use of new environmentally friendly technologies; requests a cost-benefit analysis of such measures; |
|
29. |
Points out, as regards buildings policy, that Parliament is striving to rationalise the allocation of its existing space and to realise cost savings and economies of scale; points out that the KAD extension project currently under way, the cost of which is estimated at about EUR 549,6 million (at 2016 prices), will allow the geographical concentration of Parliament’s Administration in Luxembourg, and that all other buildings currently rented in Luxembourg will be gradually vacated, thus enabling substantial savings to be made once the project is completed; draws attention to the fact that the financing of this building project might require the setting up of specialised legal structures (a special-purpose vehicle), as the Financial Regulation prohibits direct borrowing, and that cost savings could be achieved if this project were to be financed directly from the budget or by means of a direct loan, which clearly shows the need for adjustments to be made to the Financial Regulation in order to guarantee more transparent and more direct implementation of future building projects; |
|
30. |
Welcomes the decisions taken by the Bureau on 24 March 2010; reiterates its call for the development of a medium- and long-term buildings strategy; takes the view that this strategy should seek to find the best solution, taking into account the principles of good management and the need to assess various options and alternative financing possibilities; draws attention to the proposal in the abovementioned decision to use assigned revenues from the Belgian governement to invest in infrastructure for new office space for MEPs’ assistants; requests additional information regarding the use of these assigned revenues for such a purpose, and detailed information on alternative options before any decision is taken; |
|
31. |
Underlines the need for further information regarding the House of European History; in particular, calls for a detailed business plan to be submitted to the Committee on Budgets; reiterates the need to receive information concerning the global cost of this project as well as the future financial and legal implications for the EP and requests further information regarding the architectural design competition which has been ongoing since 2009; stresses that all decisions relating to the project are subject to standard parliamentary procedure; |
|
32. |
Believes that, as is the case for all big organisations, an independent external viewpoint on how resources are used and how work is organised is sometimes necessary and can only be beneficial if handled correctly; while stressing that a political European institution such as Parliament is unique in character, considers that, in the long term, consideration should be given to carrying out such an external analysis of its organisation and management; believes that in 2012 some specific sector(s) could be identified and examined in this way; |
|
33. |
Points out that Parliament’s information and communication policy is important and should reach all European citizens and improve citizens’ ability to interact directly with Parliament, and therefore requests that the results attained with this policy be evaluated; |
|
34. |
Supports all efforts to modernise Parliament’s financial application software systems; |
|
35. |
Gives its full support to all efforts to pursue a more effective and professional staff policy, including redeployment of staff within and between directorates-general; |
|
36. |
Considers follow-up action to be important in relation to a number of policies with financial implications, such as EMAS, public procurement and action taken in response to budget discharge recommendations; emphasises the need for continuous follow-up and analysis of Parliament’s budget implementation in general; |
|
37. |
Is concerned about the proposal to create a European Added Value Assessment Unit to measure the cost of non-Europe; questions whether such an office is necessary; requests more detailed information regarding the creation of this office; |
Other institutions
|
38. |
Calls for realistic and cost-based budget requests from the other institutions which take full account of the need to manage scarce resources in an optimal way; welcomes the establishment of a new Section X in the EU budget for the European External Action Service, with an allocation of EUR 464 m., and is ready to examine the EEAS’s needs as regards both real estate and personnel and determined to closely monitor its impact on heading 5, as its creation was intended to be budget-neutral; is not prepared to jeopardise the needs of the existing institutions; |
|
39. |
Believes that the establishment of a new Section X in the EU budget for the European External Action Service responds to the need to provide the European Union with an institutional framework which, together with the new CFSP/CSDP provisions, can support the EU’s ambitions in foreign policy; |
*
* *
|
40. |
Instructs its President to forward this resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman, the European Data Protection Supervisor and the EEAS. |
(1) OJ C 139, 14.6.2006, p. 1.
(2) OJ L 163, 23.6.2007, p. 17.
(3) OJ L 248, 16.9.2002, p. 1.
(4) OJ C 303, 9.11.2010, p. 1.
(5) Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 114, 24.4.2001, p. 1).
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/95 |
Wednesday 9 March 2011
EU strategy for the Atlantic region
P7_TA(2011)0089
European Parliament resolution of 9 March 2011 on the European Strategy for the Atlantic Region
2012/C 199 E/12
The European Parliament,
|
— |
having regard to Article 225 of the Treaty on the Functioning of the European Union, |
|
— |
having regard to the conclusions of the Council of 14 June 2010, which called on the Commission to draw up a European strategy for the Atlantic region by June 2011, |
|
— |
having regard to the public consultation launched by the Commission, with a view to publishing a communication on a European strategy for the Atlantic region, |
|
— |
having regard to the EU strategy for the Baltic sea region and to the EU strategy for the Danube region, |
|
— |
having regard to the conclusions of the 5th Cohesion Report, |
|
— |
having regard to Rules 115(5) and 110(2) of its Rules of Procedure, |
|
A. |
whereas Article 3 of the Treaty on the European Union and Title XVIII of the Treaty on the Functioning of the European Union set territorial cohesion as an objective of the European Union, |
|
B. |
whereas five EU Member States have Atlantic coasts: France, Ireland, Portugal, Spain and the United Kingdom, |
|
C. |
whereas the Atlantic region has its own specific characteristics, namely:
|
|
D. |
whereas these specific characteristics stem from guidelines that transcend national boundaries and for which political answers have to be found at European level, |
|
E. |
whereas in June 2010 the Council asked the Commission to develop a strategy for the Atlantic region by June 2011, and whereas the publication of a Commission communication is scheduled for 2011, |
|
1. |
Asks the Commission to shape as soon as possible the EU strategy for the Atlantic region as an integrated strategy dealing with maritime and territorial issues; |
|
2. |
Is of the opinion that this strategy should be set within the cohesion policy objective of territorial cooperation (Objective 3), and be based on an integrated, cross-domain and territorial approach, aiming at better coordinating policies between the various levels of governance on a given territory, with a focus on relevant issues; is convinced that European territorial cooperation can contribute widely to the intensification of the integration process within the Atlantic region through a greater participation by civil society in the decision-making process and the implementation of concrete actions; |
|
3. |
Stresses that the major added value of EU macro-regional strategies is seen in multi-level cooperation, coordination and better strategic investment of available funding, not in additional allocation of resources; underlines the conclusions of the Swedish Presidency regarding no new institutions, no new legislation, no new budgets; |
|
4. |
Calls for this strategy to be opened to all EU regions along the Atlantic coast, including Macaronesia outermost regions; |
|
5. |
Believes that the external dimension of this strategy may be reinforced due to the geo-strategic position of Atlantic regions, in particular in the fields of maritime safety and surveillance and in the sphere of international trade relations; is of the opinion that international cooperation and triangular cooperation initiatives also need to be addressed; |
|
6. |
Believes that this strategy should implement a better coordination of goals and means, with strong links to the EU 2020 strategy and EU policies for beyond 2013; recalls in that respect that this strategy aims at better spending of EU money, not increasing expenditure; |
|
7. |
Calls for this strategy to be well-connected to EU regional policy and integrated maritime policy and is of the opinion that it should also facilitate synergies with other EU policies such as trans-European transport networks, the common fisheries policy, climate and environment actions, the research and development framework programme, the energy policy, etc.; |
|
8. |
Believes that the territorial dimension of this strategy is essential and will contribute to EU territorial cohesion; is of the opinion that this territorial dimension will have to address especially opening up, interconnection of transport and energy networks and development of marine energy, development of urban and rural areas and intensification of land-sea ties and of sea-interior waters ties; |
|
9. |
Reiterates the importance of improving the accessibility in Atlantic maritime regions, and of increasing movement of persons, goods and services in these regions in order to achieve the aims of the internal market and the objective of cohesion policy, especially by the development of short sea shipping and the highways of the sea; |
|
10. |
Recalls that the maritime dimension is a priority of this strategy, particularly through a maritime basins approach; |
|
11. |
Strongly commends the promotion and support by the European Commission of the planning and setting up of maritime roads in the Atlantic region, such as the Gijon-Nantes maritime road, as an innovative way to improve and diversify the trans-European transport networks, to influence international trade relations, to stimulate the harbours’ economic activity and strengthen tourism, and to contribute to the reduction in CO2 emissions; |
|
12. |
Is of the opinion that this strategy would address the following issues of common interest: marine energy, environment and climate change, including the prevention and fighting of marine pollution by ships, transport and accessibility, safety, security and surveillance, research, innovation, creative industries, culture, leisure and tourism, marine services and training, and fisheries and the seafood sector; |
|
13. |
Believes that this strategy must develop synergies between relevant EU, national, regional and local policies and is therefore of the opinion that a renewed multi-level governance based on a closer involvement of EU, national, regional and local authorities is required; |
|
14. |
Wishes for this strategy to work following a bottom-up approach, starting from local authorities and involving all stakeholders; insists on the necessity of associating regional and local public authorities, Member States, the European Union, private stakeholders and civil society organisations (including interregional networks and organisations concerned) in the design and the implementation of this strategy; |
|
15. |
Insists that cooperation within the framework of this strategy should first and foremost be based on the needs of the stakeholders concerned and is thus of the opinion that the political priorities addressed have to be decided through a consensus; |
|
16. |
Is of the opinion that the European Grouping of Territorial Cooperation (EGTC) could be an interesting tool to facilitate cooperation within the framework of an EU strategy for the Atlantic region; |
|
17. |
Is of the opinion that this strategy should be implemented from 2014 onwards and be coordinated with the next multiannual financial framework, and that it should go together with an action plan defined at European level and including a list of structuring projects; |
|
18. |
Is of the opinion that the internal and external dimensions of this strategy will have to implement an Atlantic allocation of existing Community funds, based on shared priorities; |
|
19. |
Calls on the Commission and the Member States to set up simplified rules to facilitate the implementation of this strategy and reduce the inherent administrative burden; |
|
20. |
Calls on the Commission to work closely with the European Parliament in defining the priorities for the development of the EU strategy for the Atlantic region, and calls on the Commission to regularly inform and consult the Parliament on the status of the implementation of this strategy; |
|
21. |
Will express its views on the future communication of the Commission through an initiative report; |
|
22. |
Instructs its President to forward this resolution to the Council, the Commission, the Committee of the Regions and the other relevant institutions. |
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/98 |
Wednesday 9 March 2011
2010 progress report on Turkey
P7_TA(2011)0090
European Parliament resolution of 9 March 2011 on Turkey’s 2010 progress report
2012/C 199 E/13
The European Parliament,
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— |
having regard to the Commission’s Turkey 2010 Progress Report (SEC(2010)1327), |
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— |
having regard to its previous resolutions of 27 September 2006 on Turkey’s progress towards accession (1), of 24 October 2007 on EU-Turkey relations (2), of 21 May 2008 on Turkey’s 2007 progress report (3), of 12 March 2009 on Turkey’s 2008 progress report (4), and of 10 February 2010 on Turkey’s 2009 progress report (5), |
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— |
having regard to its resolution of 21 September 2010 on trade and economic relations with Turkey (6), |
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— |
having regard to the Negotiating Framework for Turkey of 3 October 2005, |
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— |
having regard to Council Decision 2008/157/EC of 18 February 2008 on the principles, priorities and conditions contained in the Accession Partnership with the Republic of Turkey (7) (‘the Accession Partnership’) and to the previous Council decisions on the Accession Partnership of 2001, 2003 and 2006, |
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— |
having regard to the Council conclusions of 14 December 2010, |
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— |
having regard to Rule 110(2) of its Rules of Procedure, |
|
A. |
whereas accession negotiations with Turkey were opened on 3 October 2005 after the Council had approved the Negotiating Framework, and whereas the opening of those negotiations was the starting point for a long-lasting and open-ended process, |
|
B. |
whereas Turkey has committed itself to reforms, good neighbourly relations and progressive alignment with the EU, and whereas these efforts should be viewed as an opportunity for Turkey itself to modernise, |
|
C. |
whereas full compliance with all the Copenhagen criteria, as well as EU integration capacity in accordance with the conclusions of the December 2006 European Council meeting, remain the basis for accession to the EU, which is a community based on shared values, |
|
D. |
whereas the Commission concluded that in 2010 Turkey had continued its political reform process, but that lack of dialogue and of a spirit of compromise between the main political parties has a negative impact on relations between key political institutions and slows down work on political reforms, |
|
E. |
whereas Turkey has still not implemented, for the fifth consecutive year, the provisions stemming from the EC-Turkey Association Agreement and the Additional Protocol thereto, |
|
1. |
Commends Turkish citizens and civil society for supporting Turkey’s further democratisation and for their commitment to an open and pluralistic society, and calls on the EU institutions and Member States to make full use of all EU enlargement policy instruments for candidate countries in this respect; |
|
2. |
Notes Turkey’s slow progress with regard to reforms and recalls that the Turkish Government has committed itself to undertaking comprehensive reforms both with a view to fulfilling the Copenhagen criteria and for the sake of Turkey’s own modernisation; calls on the Government to increase its efforts in that respect; |
|
3. |
Is concerned about the ongoing confrontation between the political parties and the lack of readiness on the part of Government and opposition to work towards consensus on key reforms; urges all political actors, the Government and the opposition to work together to enhance political plurality in state institutions and promote the modernisation and democratisation of the state and society; calls upon all opposition forces to engage constructively in the reform process; |
|
4. |
Points to the crucial role of a system of checks and balances in the governance of a modern democratic state, which must be based on the principle of separation of powers with balance between the executive, legislative and judicial functions, on respect for human rights and fundamental freedoms – in particular freedom of expression and freedom of the press – and on a participatory political culture truly reflecting the plurality of a democratic society; |
|
5. |
Underlines the role of the Turkish Grand National Assembly as the institution which ought to make a crucial contribution to strengthening a system of checks and balances, and to support the modernisation reforms actively and constructively, on the basis of cross-party commitment, whilst ensuring that the Government’s policies are subject to democratic scrutiny; |
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6. |
Welcomes the adoption of constitutional amendments as a step in the right direction, and urges their proper implementation with full observance of the standards of the European Convention on Human Rights (ECHR) and of the case law of the European Court of Human Rights; underlines at the same time, however, the pressing need for overall constitutional reform transforming Turkey into a fully fledged pluralistic democracy with the protection of human rights and fundamental freedoms at its core; welcomes the Government’s declared readiness, and that of the opposition, to undertake such reform, and calls on the Government to ensure that all political parties, as well as civil society, are closely involved in the whole constitutional process; calls for the implementation of the constitutional amendment package; recommends that the Venice Commission also be invited to participate; |
|
7. |
Welcomes a number of the Government’s symbolic and goodwill gestures and certain concrete steps in the areas of freedom of thought, conscience and religion, as well as protection of minorities and cultural rights; insists, however, that systematic improvements are needed in order fully to recognise the rights of minorities; in particular, encourages the Government to lend fresh impetus to the process of democratic opening, and calls on the opposition constructively to support and engage in that process; |
Fulfilling the Copenhagen criteria
|
8. |
Is concerned about the deterioration in freedom of the press, about certain acts of censorship and about growing self-censorship within the Turkish media, including on the internet; calls on the Turkish Government to uphold the principles of press freedom; stresses that an independent press is crucial for a democratic society and points, in this context, to the essential role of the judiciary in protecting and enhancing press freedom, thereby guaranteeing public space for free debate and contributing to the proper functioning of the system of checks and balances; underscores the need for adoption of a new media law addressing, inter alia, the issues of independence, ownership and administrative control; decides to closely follow the cases of Nedim Șener, Ahmet Șık and other journalists facing police or judicial harassment; |
|
9. |
Welcomes new radio and TV laws which provide for several positive developments such as an increase in the percentage that foreign entities may lawfully own in Turkish media companies (50 %, up from 25 %), but expresses concern at the fact that broadcasting may be stopped on grounds of national security without a court order or a ruling by a judge; notes with concern the practice of bringing criminal prosecutions – especially under Article 285 of the Penal Code on ‘breaching the confidentiality of a criminal investigation’ and Article 288 on ‘attempting to influence the judiciary’ – against journalists who communicate evidence of human rights violations or raise other issues in the public interest; considers the criminalisation of opinions as a key obstacle to the protection of human rights in Turkey and deplores disproportionate restriction of the freedoms of expression, association and assembly; urges Turkey to comply rigorously with its international human rights obligations in this respect by amending its relevant legislation and by training its police and judiciary; |
|
10. |
Deplores the fact that a number of legal provisions such as Articles 301, 318 and 220(6), in combination with Article 314(2), of the Penal Code, and Article 7(2) of the anti-terror law, Law No 5816 of 25 July 1951 – as well as statements by the Government and activities by public prosecutors – continue to limit freedom of expression; reiterates its call to the Government to finalise the review of the legal framework on freedom of expression and, without delay, to bring it into line with the ECHR and the case law of the European Court of Human Rights; restates, in this context, the need for the Turkish Government to issue clear guidance to prosecutors in relation to laws that are frequently used to limit freedom of expression; deplores the repeated and disproportionate recourse to closure of websites and asks the Government to prepare amendments to the internet law (Law No 5651) in order to make sure that it no longer restricts freedom of expression or the right of citizens to access information; |
|
11. |
Urges the Government to uphold the rights of freedom of assembly and freedom of association enshrined in Articles 33 and 34 of the Turkish Constitution; deplores and condemns, in this context, the violent police crackdown on student demonstrations at Ankara University in December 2010; |
|
12. |
Recognises that the issue of Roma rights in Turkey is now receiving significant attention and that both Government and opposition parties are engaging with it politically; advises that implementation of the Government housing plan for Roma, especially with regard to the sustainability and methodology of the plan itself, should be carefully monitored and reviewed; encourages the Government to practise active inclusion, and credible consultation with Roma communities, in the context of any Roma-related inclusion process within the country; |
|
13. |
Appreciates the progress made in reforming the judiciary and reiterates its view that judicial independence and impartiality are among the keys to the functioning of a pluralistic democratic society; is concerned that Turkish judicial arrangements have not yet been improved sufficiently to ensure the right to a fair and timely trial; asks the Government to implement the constitutional amendments adopted in this area, with full observance of the separation of powers between the executive and the judiciary, and of judicial independence and impartiality, in accordance with European standards; |
|
14. |
Is concerned, however, by the Turkish Supreme Court’s interpretation of the Code of Criminal Procedure extending the pre-trial detention period to 10 years in clear violation of European standards in this respect; calls on the Turkish Grand National Assembly to amend the relevant law in accordance with the case law of the European Court of Human Rights; also draws attention to Turkey’s obligation to comply strictly with its commitment under Article 6 ECHR on a fair trial within reasonable time, notably by creating courts of appeal in its legal system and reinforcing the capacity of its supreme courts; |
|
15. |
Welcomes the decision of the European Court of Human Rights in the case of Dink v. Turkey on 14 September 2010; calls therefore on the Turkish authorities fully to endorse the consequences of the decision by implementing adequate measures to protect the exercise of freedom of expression; expresses its concern about the Turkish state administration’s raising of artificial obstacles to unmasking the real instigators of the murder of Armenian journalist Hrant Dink; |
|
16. |
Welcomes the fact that the constitutional amendments adopted finally provide a basis for establishing the institution of ombudsman, and urges the Government to prepare, and the Parliament to adopt, legislation providing for a democratic appointment procedure to bring a broadly respected figure into this new office; welcomes the proposed establishment of a national Human Rights Institution and asks the Turkish National Assembly to consult civil society and to give sufficient guarantees of the new body’s independence in accordance with the ‘Paris Principles’; |
|
17. |
Commends the progress made on civil-military relations, especially the increase in civilian oversight achieved through limitation of the jurisdiction of military courts, the opening of Supreme Military Council decisions to judicial review and the arrangements for high-ranking officers to be tried by civilian courts; notes that this progress should be pursued further to ensure full civilian oversight, and calls on the Turkish Parliament to become active in ensuring parliamentary oversight of the security forces, including full oversight of the defence budget; |
|
18. |
Underlines the fact that investigations of alleged coup plans, such as the ‘Ergenekon’ and ‘Sledgehammer’ cases, need to demonstrate the strength and the proper, independent and transparent functioning of Turkish democratic institutions and the judiciary; is concerned about excessively long pre-trial detention periods and stresses the need for effective judicial guarantees for all suspects; is concerned by the lack of progress in these investigations and notes that the recent detention of well-known journalists such as Nedim Șener and Ahmet Șık might lead to a loss of credibility of these trials which should, on the contrary, strengthen democracy; |
|
19. |
Considers it regrettable that amendments concerning the closure of political parties, proposed as part of the recent constitutional reform, did not find a majority in the Turkish Grand National Assembly, and urges all political parties to bring the relevant legislation into line with the opinion of the Venice Commission; |
|
20. |
Reiterates the call made in its previous resolutions for the electoral system to be reformed by lowering the 10 % threshold, thereby strengthening party pluralism and better reflecting the plurality of Turkish society; particularly deplores the fact that no reform was undertaken in this area in 2010; calls for a comprehensive review of the rules on party financing and election spending, with a view to reinforcing internal party democracy and fostering a more open political system; encourages political parties to reinforce their internal democracy and to make elected representatives more accountable to their constituencies; |
|
21. |
Considers it regrettable that no progress has been made on limiting the immunities of Members of Parliament in respect of corruption-related offences, and notes, at the same time, the concern about adequate protection for the expression of non-violent opinions in Parliament; calls, therefore, on the Government and Parliament to agree an appropriate reform of the system of parliamentary immunities; |
|
22. |
Takes note of Turkey’s current chairmanship of the Council of Europe Committee of Ministers and encourages Turkey to reflect its commitment to the values of the Council of Europe by signing and ratifying the Framework Convention for the Protection of National Minorities and ratifying all additional protocols to the ECHR; |
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23. |
Welcomes the ratification by the Turkish Grand National Assembly of the Optional Protocol to the UN Convention against Torture, and calls on Turkey to implement its provisions without delay and in close cooperation with the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; |
|
24. |
Supports the Government’s ongoing dialogue with religious communities, including the Alevis, as well as the Greek, Armenian, Aramean and other Christian communities; is disappointed, however, that only limited progress has been made on the legal framework for the functioning of these communities, notably as regards their ability to obtain legal personality, to open and operate houses of worship, to train clergy and to resolve property problems not addressed by the Law on Foundations; calls – while noting the prevailing delays and procedural problems – for an effective and continued effort on implementation of the Law on Foundations, which must enable the aforementioned religious communities to function without undue constraints, in line with the ECHR and the case law of the European Court of Human Rights; urges the Government further to increase its support for freedom of conscience and religious plurality in Turkish society; |
|
25. |
Calls, therefore, on the Government to address these issues systematically by amending legislation and by ensuring its proper implementation at all levels of government, including the municipalities; points too, in this context, to the recommendations adopted by the Venice Commission in spring 2010 concerning the legal personality of religious communities and the ecclesiastical title ‘Ecumenical’ of the Orthodox Patriarchate; welcomes the recent decision by the ‘Foundations Assembly’ to transfer the Büyükada Greek Orphanage for Boys to the Ecumenical Patriarchate, in accordance with the ruling of the European Court of Human Rights, and the granting of Turkish citizenship to several Greek Orthodox clergy in order to facilitate the Patriarchate and the Holy Synod; welcomes the religious ceremony in the Sümela Monastery Museum in Trabzon and the ceremony in the church on Akdamar Island in the province of Van; finds the Turkish Supreme Court decision against Mor Gabriel Monastery, concerning a land dispute with villages and the Turkish Treasury, to be regrettable; restates its expectation that the Government’s announcements about the reopening of the Halki Greek Orthodox seminary will soon be followed by action and by measures providing for the unhindered training of Christian communities’ clergy; urges the Government to pay special attention to educational materials in schools, which should reflect the religious plurality of Turkish society, and to the need for unbiaised learning materials; |
|
26. |
Strongly condemns the continuing terrorist violence by the PKK, which is on the EU list of terrorist organisations, and by other terrorist groups on Turkish soil; encourages Turkey, the EU and its Member States to intensify their cooperation in the fight against terrorism, in close coordination with the counter-terrorism coordinator and Europol and in strict compliance with international human rights law; |
|
27. |
Calls on the Government to revitalise its efforts, as part of the process of democratic opening, to address the Kurdish issue comprehensively with a view to reaching a peaceful solution: notably by ensuring consistent interpretation of laws permitting use of the Kurdish language in political and public life and in education; by amending anti-terror legislation to avoid abuses or extensive interpretation; by guaranteeing the rights to freedom of expression, association and assembly; by addressing efficiently the problems of persons displaced from their home regions as a consequence of, inter alia, the long conflict; and by further improving the socio-economic situation in the south-east of the country; expresses its concerns, in this context, about the ongoing trials in Diyarbakir of 151 Kurdish political activists – including eight serving elected local mayors – which constitute interference in legal political activities; |
|
28. |
Welcomes the strengthening of the legal framework guaranteeing women’s rights and gender equality through the constitutional package; is concerned about the falling rates of labour force participation even among highly educated women; urges the Government, business and civil society to take comprehensive measures – such as fighting female illiteracy, actively supporting girls’ access to secondary education and providing childcare facilities – to tackle poverty among women and increase women’s social inclusion and participation in the labour market; furthermore, encourages the introduction of a system of reserved quotas in order to ensure a meaningful presence of women at all levels in business, the public sector and politics; calls, in particular, on the political parties to use the opportunity of the forthcoming elections to strengthen women’s active engagement in politics; |
|
29. |
Deeply deplores the persistent high levels of domestic violence, including so-called honour crimes and the phenomenon of forced marriages; welcomes, in that connection, the initiatives by women’s movements which give visibility to these problems and urges the Government to step up its preventive efforts at all levels, in particular by enforcing Law No 4320 on the Protection of the Family and by monitoring its implementation by the police and the judiciary, by obliging municipalities of over 50 000 inhabitants to provide sufficient shelters for women and minors in danger, by effectively monitoring full compliance with this obligation, and by putting in place a system of follow-up assistance for women and minors leaving the shelters, in order to provide them with appropriate psychological support, judicial assistance and health care and to assist their reintegration into society; calls on the Government to establish adequate and effective oversight of municipalities’ compliance with this obligation; urges the judiciary to ensure that violence against women and minors, as well as those fighting so-called honour crimes, is consistently and properly punished; |
|
30. |
Urges the Government to ensure that equality, regardless of sex, gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation, is guaranteed by the law and effectively enforced; deplores the recent legal action against LGBTT associations but welcomes the fact that the cases in question were dismissed by the courts; notes, however, the need for further action against homophobia and discrimination on the grounds of sexual orientation as provided for in the Council of Europe Committee of Ministers Recommendation to Member States on measures to combat discrimination on grounds of sexual orientation or gender identity; calls on the Turkish Government to instruct the Turkish Armed Forces to end its classification of homosexuality as a ‘psychosexual’ illness; asks that the Draft Law on Combating Discrimination and Equality Committee be brought into line with EU standards, including as regards the grounds of sex and sexual orientation; urges national and local authorities to put an end to the ongoing murders of transgender people, including transgender sex workers; |
|
31. |
Believes that, in line with its obligations under international law, Turkey should pass legislation introducing, as an alternative to military service, civil or social service that is not punitive in length and is based on free choice; asks the Government to ensure full compliance with the judgment of the European Court of Human Rights in the case of Ülke v. Turkey, amending legislation to bring to an end the prosecution of conscientious objectors for their refusal to perform military service; asks the Government to investigate allegations of ill-treatment of conscientious objectors in military custody and to take steps to prevent such abuse in the future; |
|
32. |
Underlines the importance of providing effective protection for human-rights defenders; expresses concern about continuing court cases against human-rights defenders and their continued prosecution, and draws particular attention to the trial of Pinar Selek, which has lasted 12 years despite three acquittal decisions; calls on the Commission closely to follow her case, as well as all similar cases, and systematically to attend such trials; |
|
33. |
Urges the main political parties to reach a solution on the headscarf ban in universities, in order to counter the polarising effects of the issue on Turkish society; urges that this solution be based on respect for women’s free choice; |
|
34. |
Strongly reiterates its call to the Turkish Government – given the lack of progress, so far, following the 1625 PACE Resolution – to pursue policies to preserve the bicultural character of the Turkish islands of Gökçeada (Imbros) and Bozcaada (Tenedos) and, in particular, to address problems encountered by members of the Greek minority with regard to their education and property rights; |
Enhancing social cohesion and prosperity
|
35. |
Commends the resilience of the Turkish economy vis-à-vis the global economic crisis; stresses that this economic revival is a unique opportunity to increase labour force participation and employment rates, which are still very low, barely reaching 50 %, and to set in motion a process of progressive social inclusion; points to the shared responsibility of the Government and the social partners and encourages them to intensify their cooperation in order more firmly to anchor a socially oriented market economy; |
|
36. |
Urges the Turkish Government and the governments of the EU Member States to consider, and present, the integration of EU citizens of Turkish origin into the societies of their new home countries not as a threat, but as an opportunity for the future of our societies; |
|
37. |
Notes the interdependence of the EU and Turkish economies and points to its potential for enhancing prosperity in both the EU and Turkey as Turkey’s integration into the EU market advances; |
|
38. |
Welcomes the improvements introduced by the constitutional amendments in the area of social dialogue and trade union rights; insists, however, that, in addition to these, the legal framework, including pending trade union legislation, must be brought in line with both EU and ILO standards; encourages all parties in the Economic and Social Council to strengthen their commitment and cooperation in order to advance this goal; |
|
39. |
Reiterates the need to strengthen cohesion among Turkish regions and between rural and urban areas; highlights, in this context, the particular role of education and the need to tackle persistent and substantial regional disparities in quality of education and enrolment rates; |
|
40. |
Calls on the Turkish Government fully to consider the sustainability and environmental consequences of its plans for new water and energy infrastructure under the South-East Anatolia Project (GAP), which threaten to destroy the environment and the unique landscape of many regions, and, in particular, the project’s impact on neighbouring Iraq; stresses especially the need to ensure that the draft law on nature protection and biodiversity is amended so as to preserve the cultural and archaeological heritage in full accordance with European standards and to allocate responsibility for nature protection clearly within the executive; calls on the Government to adopt a more ambitious policy framework, underpinned by specific action plans, to combat the growth of carbon emissions; |
Building good neighbourly relations
|
41. |
Calls on the Turkish Government and all parties concerned to give their active support to the ongoing negotiations on the Cyprus issue and to contribute in concrete terms to a comprehensive settlement, and calls on the Government to facilitate a suitable climate for negotiations by starting to withdraw its forces from Cyprus immediately; strongly urges the two communities in Cyprus to work intensively, in accordance with the UN Secretary-General’s request, to capitalise on the progress already made in the negotiations, in order to reach a sustainable solution – in line with the relevant UN Security Council resolutions, and promoting, in particular, Resolution 550 (1984), and with the principles on which the EU is founded – for the benefit of Cypriot citizens, the EU and Turkey; |
|
42. |
Encourages Turkey to intensify its support for the Committee on Missing Persons in Cyprus, in particular by facilitating its access to military zones and archives, and to take all other appropriate action, in accordance with the findings of the European Court of Human Rights, on the humanitarian issue of missing persons; |
|
43. |
Calls on Turkey and the Turkish-Cypriot authorities to refrain from any new settlements of Turkish citizens on the island, as this would continue to change its demographic balance and reduce the allegiance of its citizens to a future common state based on its common past; calls on Turkey to address the issue of the settlement of Turkish citizens on the island, in accordance with the Geneva Convention and the principles of the International Law; |
|
44. |
Urges both parties, Turkey and Armenia, to ratify, without preconditions, the protocols and to open the border, and calls on Turkey to use its regional weight to enhance confidence-building measures; |
|
45. |
Takes note of the intensified efforts by Turkey and Greece to improve their bilateral relations; considers it regrettable, however, that the casus belli threat declared by the Turkish Grand National Assembly against Greece has not yet been withdrawn; expects the Turkish Government to end the continued violation of Greek airspace and Turkish military aircraft flights over Greek islands; |
|
46. |
Emphasises that the United Nations Convention on the Law of the Sea has been signed by the EU, the 27 Member States and all the other candidate countries and that it is part of the acquis communautaire; calls, therefore, on the Turkish Government to sign and ratify it without further delay; |
|
47. |
Appreciates the deepening of relations between Turkey and Iraq, including its Kurdish regional government, and points, in particular, to Turkey’s contribution to the stabilisation of Iraq; urges Turkey to articulate with the Iraqi Government, and other neighbours, measures to counter the negative impact of the hydroelectric dam project announced by the Turkish Government; |
Advancing EU-Turkey cooperation
|
48. |
Deplores Turkey’s non-implementation of the Additional Protocol to the EC-Turkey Association Agreement, which continues to affect the process of negotiations, and calls on the Turkish Government to implement the protocol in full; |
|
49. |
Takes note of the progress achieved by Turkey on the energy chapter and once again urges the Council to open negotiations on this chapter without further delay; calls on the Turkish Government to step up its efforts in negotiations on joining the Energy Community Treaty; welcomes the ratification of the Nabucco Intergovernmental Agreement and the signing of the memorandum of understanding for the operation of the Interconnector-Turkey-Greece-Italy (ITGI) natural gas pipeline, both of these projects being important for the energy security of the EU; |
|
50. |
Welcomes the ongoing negotiations on the Food Safety, Veterinary and Phytosanitary Policy chapter, which was opened on 30 June 2010; encourages Turkey to complete the necessary steps in order to close certain chapters such as Enterprise and Industrial Policy and Trans-European Networks; |
|
51. |
Welcomes the finalisation of the negotiations on the EU-Turkey readmission agreement and calls on the Turkish Government to ensure that, until this agreement enters into force, existing bilateral agreements are fully implemented; underlines the importance of intensifying cooperation between the EU and Turkey on migration management and border controls, inter alia given the large percentage of illegal immigrants entering EU territory via Turkey; welcomes the consultation with civil society on three draft laws in the field of asylum and urges the Government to bring the laws before Parliament without delay; takes the view that, once the readmission agreement enters into force, the Council should mandate the Commission to initiate a visa dialogue, with particular attention to the matter of entry conditions for businesspeople and students travelling to the EU, as a necessary step in relation to mobility; |
|
52. |
Takes note of Turkey’s increasingly active foreign policy aimed at strengthening its role as regional player; urges the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy to take this dimension fully into consideration and engage with Turkey with a view to the coordination of objectives and the proper promotion of EU interests; calls on the Turkish Government to step up its foreign policy coordination with the EU; welcomes, in principle, the recently pronounced ‘zero-problems’ policy in respect of Turkey’s neighbours but points out the need to maintain Turkey’s unambiguous commitment to our common European values and interests; calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy to intensify the existing dialogue with Turkey on foreign policy issues of mutual interest; in light of the inspiration Turkey provides to many in the Arab world, as a secular democracy with a majority Muslim population, strongly encourages the pursuit of concerted efforts in support of democratisation and development in the Middle East and Northern Africa; |
|
53. |
Stresses the strategic importance to the EU of the Black Sea region; believes that Turkey is an important EU partner in this region and calls on it to support and actively contribute to the implementation of EU policies and measures in the region, including an eventual EU Strategy for the Black Sea; |
|
54. |
Urges the Turkish Government fully to support the international community’s efforts to prevent Iran from acquiring nuclear weapons, and deplores Turkey’s vote against the relevant UN Security Council resolution; takes the view that Turkey could contribute to democratisation and the strengthening of human rights in Iran while coordinating its efforts with the EU; |
|
55. |
Believes that Turkey has an important role to play in fostering dialogue in the Middle East Peace process and in contributing to stabilisation in Lebanon, and calls on Turkey to renew its close ties with Israel, resume its constructive mediation and, in particular, contribute to the strengthening of the Palestinian Authority; |
|
56. |
Appreciates Turkey’s constructive engagement supporting the efforts of the transatlantic partners in Afghanistan and the Balkans; finds it regrettable, however, that NATO-EU strategic cooperation beyond the ‘Berlin Plus’ arrangements is blocked by Turkish objections; |
|
57. |
Calls on the Turkish Government to sign and submit for ratification the Statute of the International Criminal Court, thus further increasing Turkey’s contribution to, and engagement in, the global multilateral system; |
|
58. |
Takes note of the conclusions and improvements proposed by the Commission in the 2009 annual report on implementation of the Instrument for Pre-Accession Assistance (IPA) with a view to prioritising targets and projects in line with the accession criteria, as proposed in the Court of Auditors’ Special Report No 16/2009. Underlines the importance of comprehensive monitoring of IPA implementation as more projects get under way; |
*
* *
|
59. |
Instructs its President to forward this resolution to the Council, the Commission, the Secretary General of the Council of Europe, the President of the European Court of Human Rights, the governments and parliaments of the Member States and the Government and Parliament of the Republic of Turkey. |
(1) OJ C 306 E, 15.12.2006, p. 284.
(2) OJ C 263 E, 16.10.2008, p. 452.
(3) OJ C 279 E, 19.11.2009, p. 57.
(4) OJ C 87 E, 1.4.2010, p. 139.
(5) OJ C 341 E, 16.12.2010, p. 59.
(6) Texts adopted, P7_TA(2010)0324.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/106 |
Wednesday 9 March 2011
European integration process of Montenegro
P7_TA(2011)0091
European Parliament resolution of 9 March 2011 on the European integration process of Montenegro
2012/C 199 E/14
The European Parliament,
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— |
having regard to the European Council decision of 17 December 2010 to grant Montenegro the status of candidate country for accession to the European Union, |
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— |
having regard to the Communication from the Commission to the European Parliament and the Council on the Commission opinion on Montenegro’s application for membership of the European Union (COM(2010)0670), |
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— |
having regard to the Communication from the Commission to the European Parliament and the Council on the Enlargement Strategy and Main Challenges 2010-2011 (COM(2010)0660), |
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— |
having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part of 29 March 2010 (1), |
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— |
having regard to the EC-Montenegro readmission agreement of 8 November 2007 (2) and to Council Regulation (EC) No 1244/2009 of 30 November 2009, adopted on 1 December 2009, amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (3), |
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— |
having regard to the recommendations of the EU-Montenegro Stabilisation and Association Parliamentary Committee of 27-28 September 2010, |
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— |
having regard to Rule 110(2) of its Rules of Procedure, |
|
A. |
whereas the Thessaloniki European Council of 19-20 June 2003 reaffirmed that the future of the Western Balkans lies with the European Union; whereas that statement was reiterated by the Brussels European Council of 15-16 June 2006 and at subsequent summits, |
|
1. |
Welcomes the general consensus and high priority given to the European integration by the government and opposition parties in Montenegro, which has resulted in good progress in the reform process since the independence of the country; welcomes the new political leadership in Podgorica and encourages the new government to continue Montenegro’s European integration process and speed up the reforms leading to fulfilment of the Copenhagen criteria; |
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2. |
Welcomes the European Council decision of 17 December 2010 to grant Montenegro the status of candidate country for accession to the European Union; regrets, however, the decoupling of candidate status from the right to open negotiations and stresses that the decision to start them should not be unduly or unreasonably postponed; expects the negotiations to start at the latest after the publication on the 2011 Commission Progress Report, provided Montenegro makes good progress in fulfilling the benchmarks set by the Commission; |
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3. |
Welcomes the Council’s decision to grant Montenegrin citizens the possibility to travel without visas (full visa liberalisation) to the EU Schengen area as of 19 December 2009; underlines the importance of such a step for the development of people-to-people contacts, particularly in the field of education, research, tourism, for business contacts and international trade union cooperation; calls on the non-Schengen EU countries also to consider adopting a similar visa liberalised regime for Montenegrin citizens, especially in view of the smooth implementation of the visa liberalisation regime with the Schengen EU countries; |
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4. |
Welcomes the fact that the process of establishing the legal and constitutional framework of the country has almost been finalised; draws attention, however, to the fact that the deadline for harmonising the existing legal system with the new constitution has been extended for the fourth time and calls on the authorities to adopt swiftly the outstanding legislation, in particular the amendments to the legal framework on elections; calls on all political parties to reach a consensus on the draft law without further delay in line with the recommendations of the OSCE-ODIHR and the Venice Commission, and to improve the mechanism for verifying election-related complaints before the Electoral Commission or the courts; calls on the Montenegrin Parliament to urgently and significantly strengthen its capacities regarding the task of assessing whether laws proposed by the government are in line with the acquis and urges the Commission to provide the necessary technical assistance in this regard within the framework of the Instrument for Pre-Accession; urges the government to make the process of law-making more transparent and publicly accessible; |
|
5. |
Notes with satisfaction that IPA assistance works well in Montenegro; encourages both the Montenegrin Government and the Commission to simplify the administration procedure for IPA funding, with the aim of making it more accessible to smaller and non-centralised civil organisations, trade unions and other beneficiaries; |
|
6. |
Reiterates the utmost importance of the rule of law for the development of the country and for the credibility of the state institutions in the eyes of citizens; welcomes, to this end, the increased activity shown by the government and parliament in preparing and adopting the requisite legislation; underlines however the importance of public participation in the development of new legislation and its effective implementation in order for progress to be visible to the citizens; |
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7. |
Welcomes the initiative of the Montenegrin Parliament to professionalise the function of the President of the State Electoral Commission, calls however for the professionalisation of the remaining members of this body and an upgrade in its capacities in order to ensure transparent, democratic and effective administering of electoral processes; |
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8. |
Notes good progress in adopting important legislation in the field of fighting corruption and welcomes the adoption of a new strategy and an action plan as well as the establishment of the National Commission to implement them; underlines, however, that corruption is still prevalent in many areas, especially in the construction, privatisation and public procurements sector, and that it constitutes a serious problem; notes, moreover, that the track record of investigations, prosecutions and final convictions in corruption cases remains low; underlines the importance of establishing a clearly stated comprehensive framework to fight corruption, including better implementation of the law on free access to information and coordination between law enforcement agencies as well as a single authority monitoring and enforcing the obligations of government bodies and following up on complaints from the public (Ombudsman); draws attention to the need to effectively implement the adopted legislation in this field, in order to give the law enforcement agencies new tools to fight corruption; urges change in the legislative framework for political parties and electoral campaign financing in order to ensure independent control and transparency of the financing mechanisms; |
|
9. |
Calls for energetic steps to be taken to eliminate the cases of conflicts of interest in public administration by strengthening the Conflict of Interest Commission and granting it powers to verify declarations of assets by public officials and to sanction irregularities; calls, equally, for the amendment of the law on prevention of conflicts of interest in exercising public functions, which allows Members of Parliament and other elected representatives to take up duties as members of managing or supervisory bodies: in certain cases full transparency and declaration of interests by elected representatives can resolve this conflict; |
|
10. |
Points out that the freedom of information law is being implemented with difficulty, especially when it comes to the provision of documents that could reveal corruption in the field of privatisation and public procurement; urges the government to facilitate access to relevant data; urges state authorities to refrain from pressuring those non-governmental and non-profit organisations and civil society actors in general which investigate corruption and organised crime cases and perform a watchdog role; |
|
11. |
Notes the progress in reform of the judiciary, as demonstrated by the adoption of major amendments to criminal procedures and other substantive legislation, increasing the human resources available and reducing the backlog of cases in the courts; stresses, however, the need for ensuring accountability and efficiency of the judiciary and prosecutors as well as their independence from political interference; stresses the need to ensure full implementation of the Code of Ethics; calls urgently for changes in the system for the appointment of judges and prosecutors, and an end to the practice of nomination of prosecutors and the members of the Judicial and Prosecutorial Councils solely by parliament by simple majority and by the government; is concerned, moreover, by the potential for an excessive accumulation of power in the persons of the President of the Supreme Court and of the Supreme Public Prosecutor; calls for the adoption of the law on regulating access to free legal aid; calls for the unification of jurisprudence in order to ensure a predictable judicial system and public trust; emphasises the importance of enhancing international cooperation, especially with neighbouring countries; |
|
12. |
Calls on Montenegro to further improve common criteria for judicial training, which shall be applied by the Judicial Training Centre, and to allocate the necessary financial resources towards this objective; |
|
13. |
Calls on the Commission to include in its next progress report an assessment of the impact and results achieved, through the allocation of EU funds, in the reform of the judiciary and the fight against corruption; |
|
14. |
Underlines the fact that organised crime, and above all money laundering and smuggling, remains a problem in spite of improvements in the legal framework and its implementation; calls on the authorities to take steps to boost law enforcement capacities, in particular proactive investigative capacities, and improve coordination between different bodies and agencies as well as cooperation with the respective neighbouring and international authorities in order to establish a solid track record in combating organised crime; welcomes the adoption of the Criminal Procedure Code and calls for its swift and proper implementation; |
|
15. |
Welcomes the improvements in the work of parliament but recommends further efforts to ensure the high quality of adopted legislation and its conformity with the acquis; calls for greater internal allocation of budgetary and human resources as well as more EU assistance to the Montenegrin Parliament, such as twinning with Members States’ parliaments or with the European Parliament, to increase the capacities of the Members of Parliament and the parliamentary secretariat in enabling oversight and scrutiny of government as stated in the Commission’s Opinion; |
|
16. |
Calls for further reforms of public administration, which still remains under-resourced and overtly politicised, and in particular for a review of the law on civil servants and state employees in order to establish a comprehensive and merit-based employment system, including transparent rules for hiring and laying down procedures for career advancement; underlines, equally, the need to strengthen human resources at the local level of administration and to provide sufficient financing for its functioning, in order to ensure its efficiency and transparency, particularly important in view of the ongoing decentralisation process; draws attention to the need to respect legally binding decisions of the Human Resources Management Authority; underlines the need to improve the legal and institutional framework, so as to strengthen accountability and respect for the rule of law within public administration, in particular in areas such as tax administration, public procurement, urban planning and licensing in local administration and customs; welcomes the opening of the Regional School of Public Administration (ReSPA) in Danilovgrad; |
|
17. |
Welcomes the adoption of the general law on prohibition of discrimination in employment or provision of public services, banning discrimination on any grounds other than merit, as an important step in establishing the legal framework conducive to fighting discrimination; notes, however, possible remaining shortcomings in the law and calls for their rectification; underlines that vulnerable groups such as Roma, Ashkali and Egyptians and persons with disabilities still allegedly suffer discrimination and that discrimination on the grounds of sexual orientation and gender identity widely persists, including on the part of state authorities; urges the Montenegrin authorities to strengthen the implementation mechanisms for preventing, monitoring, sanctioning and prosecuting discrimination cases; is concerned that the labour rights of disabled persons are not fully respected and welcomes in this regard the Memorandum dealing with the situation on the labour market for disabled persons signed by the Confederation of Trade Unions of Montenegro (CTUM) and NGOs; |
|
18. |
Is concerned that women continue to be under-represented in decision-making processes and in leading positions both in the public administration, such as parliament, ministries, top government posts, and in the management of public companies; calls for steps to swiftly mainstream gender equality policy, by implementing the action plan, and to introduce the principle of equal pay; |
|
19. |
Welcomes the adoption of the law on protection from domestic violence and calls on the government to swiftly implement it, as well as to grant financial support for organisations providing services to victims; calls on the authorities to promote an awareness campaign in order to inform women of their rights and a policy of zero tolerance towards domestic violence; |
|
20. |
Urges the Montenegrin authorities to ensure that the relevant legal provisions, including the law on minority rights and freedoms, are comprehensively implemented; recalls that all minorities have to be protected by strict implementation of the anti-discrimination law; encourages Montenegro to deploy further efforts in raising awareness of any type of discrimination; encourages the Montenegrin authorities to continue to support fully the implementation of its Action Plan for resolving the status of displaced persons; |
|
21. |
Welcomes the generally good inter-ethnic relations and good general protection of minority rights in the country, and reiterates that this is a positive basis from which to begin the peace-building process in a region that was, at one time, characterised by inter-ethnic violence and mass population displacement, but calls for further consultation of the opinions of minority groups by the authorities and in the administrative structures in order to help reconciliation in the region; draws attention, to this end, to the need to clarify the constitutional provision on accurate representation of minorities and welcomes the steps taken to produce accurate statistics in this field; calls for the law on citizenship and the law on foreigners to be aligned with European standards; encourages both political and religious leaders on both sides of the Serbo-Montenegrin border to contribute to a positive inter-ethnic and inter-religious climate by finding compromise solutions on controversial issues including contested religious sites; |
|
22. |
Notes that Roma, Ashkali and Egyptian communities continue to face problems with frequent discrimination; calls on the authorities to improve their living conditions, access to social security, health, education and employment services, as well as to provide them with identification documents which is a pre-condition for access to any public services; stresses the urgency of improving the living conditions in Konik camp and adopting and implementing a sustainable strategy for improving conditions within and eventual closure of the camp; |
|
23. |
Reiterates the importance of active and independent civil society organisations for democracy; welcomes the improved cooperation of the government with NGOs, particularly in the fight against corruption; calls for further strengthening of these relations and for broader consultation with NGOs in policy-making, including the formulation of policies and legislation, as well as in monitoring the activities of the authorities; stresses the crucial role of civil society actors in contributing to enhanced regional cooperation on social and political aspects; welcomes the work of the National Council for European Integration, including civil society, government, the judiciary and the opposition, but calls for its role in the progress of EU integration to be strengthened; |
|
24. |
Encourages the Montenegrin Government to engage in close collaboration and regular dialogue with NGOs, trade unions and other civil society organisations; welcomes in this regard the appointment of the Council for Cooperation between the Montenegrin Government and NGOs; underlines the importance of strengthening the institutional framework for cooperation between the government, NGOs, trade unions and other civil society organisations; |
|
25. |
Welcomes the progress in implementing the Bologna reform process and calls for further efforts to improve the quality of education, both general and vocational, to supply youth with the necessary skills to successfully compete on the labour market; urges more effective implementation of the strategy for inclusive education, including children from vulnerable groups; |
|
26. |
Acknowledges the steps taken by the Montenegrin Government to ensure freedom of expression in the media through the adoption of the law on electronic media and amendments to the Criminal Code but calls for further steps to ensure the independence and professionalism of media outlets, including strengthening the capacity and independence of the public broadcaster; calls on the Montenegrin authorities to demonstrate their commitment with a view to ensuring that the media sector operates without political interference and that the independence of regulatory bodies is guaranteed; draws attention to disproportionate fines for defamation, which continue to hamper the freedom and independence of the work of journalists, and calls for the legislation and practice on defamation to be aligned fully with the jurisprudence of the European Court of Human Rights; stresses that reported cases of intimidation and physical violence against journalists as well as against civil society activists must be fully investigated and prosecuted where appropriate; underlines the importance of journalists applying high professional standards and a professional code of ethics; |
|
27. |
Welcomes the country’s good track record in implementing economic reforms but underlines the fact that the financial crisis has revealed potential weaknesses in its economic model and highlighted the urgency of further structural changes; calls in particular for further steps to improve the monitoring and enforcement of privatisation contracts, ensure transparency in the provision of state aid and adopt better and simpler regulation of the business environment and in particular to facilitate the functioning of small and medium enterprises; |
|
28. |
Notes the improvements in the functioning of the labour market but is concerned by a significant level of informal employment; considers the informal economy as a deeply rooted problem the resolving of which demands in-depth strategies which have to include all aspects of society; draws attention to the fact that the labour market is still characterised by structural unemployment and that at the same time vacancies for highly skilled jobs remain unfilled, showing a mismatch between required and supplied skills; welcomes the adoption of the National Qualification Framework covering the legal preconditions for filling this mismatch, encourages the Montenegrin Government to implement this swiftly; |
|
29. |
Underlines the importance of improvements in the transport infrastructure and of ensuring the connectivity of the transport system with those of neighbouring countries, for the development of Montenegro; calls for further development of the railway systems and modernisation of the existing one, which is a viable and ecological alternative to the roads and could take over a substantial part of the transport of goods and passengers; |
|
30. |
Underlines that Montenegro has ratified the eight core labour rights conventions of the International Labour Organisation (ILO) and the revised European Social Charter; underscores that although basic labour and trade union rights are provided for in the Labour Code there are still restrictions; encourages Montenegro to further strengthen labour and trade unions rights; points out the important role of social dialogue and encourages the Montenegrin Government to step up their ambitions in further strengthening the Social Council; underlines the importance of improving the transparency and effectiveness of the Social Council; |
|
31. |
Welcomes the fact that the Constitution defines Montenegro as an ecological state; notes a significant role played in the economy by tourism and its potential to contribute to the development of the country; notes, however, the risks to the environment stemming from tourism and calls on the government to take further steps to protect nature, such as swift implementation of the law on the environment and of the outstanding by-laws and further efforts which are needed to prevent possible devastation of the coast on the Adriatic sea; draws particular attention to the need for effective waste management, in particular on the local level, to ensure its safe disposal; welcomes measures to develop a lower carbon economy by developing the country’s huge hydroelectric and other renewable energy potential, which will contribute in covering domestic needs and even constitute an export resource and foreign currency earner for the country; warns, however, that large scale dams often have significant negative impacts on the environment and calls for appropriate and transparent environmental assessments, including of ‘environmentally better options’, public participation and civil society involvement, before their approval or authorisation, in line with the EU acquis; |
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32. |
Urges the Montenegrin authorities, notably the Ministry of Economy, to post publicly on its website all annexes and documents related to the recent agreement on the establishment of an underwater energy cable between Montenegro and Italy; calls for the full consequences of the deal, including the environmental impact, to be made public; |
|
33. |
Notes with satisfaction that Montenegro is strongly committed to regional cooperation and is a constructive regional partner; commends Montenegro on its good relations with its neighbouring countries and its overall stabilising role in the region; notes that the country is an active member of most regional organisations and it has concluded a series of judicial and police agreements with its neighbours; welcomes the recently ratified readmission agreements with Croatia and Serbia as well as the recently concluded extradition agreement with Serbia and Croatia; calls on the country to resolve swiftly its border issue with Croatia through the International Court of Justice; |
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34. |
Stresses that the Montenegrin Parliament has been the first one in the region to adopt the resolution on Srebrenica genocide and welcomes this step as an important contribution to regional reconciliation; |
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35. |
Instructs its President to forward this resolution to the Council, the Commission and the Government and Parliament of Montenegro. |
(1) OJ L 108, 29.4.2010, p. 1.
(2) OJ L 334, 19.12.2007, p. 25.
(3) OJ L 336, 18.12.2009, p. 1.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/112 |
Wednesday 9 March 2011
EU strategy on Roma inclusion
P7_TA(2011)0092
European Parliament resolution of 9 March 2011 on the EU strategy on Roma inclusion (2010/2276(INI))
2012/C 199 E/15
The European Parliament,
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— |
having regard to the Charter of Fundamental Rights, in particular Articles 1, 8, 19, 20, 21, 24, 25, 35 and 45, |
|
— |
having regard to international human rights law, notably the International Convention on the Elimination of All Forms of Racial Discrimination, the 1992 UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, the Convention on the Elimination of All Forms of Discrimination against Women and the United Nations Convention on the Rights of the Child, |
|
— |
having regard to European conventions protecting human rights and fundamental freedoms, notably the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the related case law of the European Court of Human Rights, the European Social Charter and the related recommendations of the European Committee of Social Rights, and the Framework Convention for the Protection of National Minorities of the Council of Europe, |
|
— |
having regard to Articles 2 and 3 of the Treaty on European Union, which lay down the fundamental rights and principles underpinning the European Union, including the principle of non-discrimination and free movement, |
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— |
having regard to Article 5(3) of the Treaty on European Union, which provides a legal basis for Union action if the objectives of the proposed action cannot be sufficiently achieved by the Member States but can be better achieved at Union level, |
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— |
having regard to Article 6 of the Treaty on European Union, which deals with fundamental rights in the Union, |
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— |
having regard to Article 7 of the Treaty on European Union, which provides for sanctions and the suspension of rights in case of serious breaches of Union law, |
|
— |
having regard to Articles 9 and 10 of the Treaty on the Functioning of the European Union, which obliges the Union to take into account – as a horizontal requirement – the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, a high level of education, training and protection of human health and the combating of discrimination based on racial or ethnic origin, |
|
— |
having regard to Article 19 of the Treaty on the Functioning of the European Union, which gives the Council the power to take appropriate action to combat discrimination based on racial or ethnic origin, |
|
— |
having regard to Article 151 of the Treaty on the Functioning of the European Union, which defines the promotion of employment, improved living and working conditions, and proper social protection as objectives of the Union and the Member States, |
|
— |
having regard to Article 153 of the Treaty on the Functioning of the European Union, which defines the fields in which the Union is to support and complement the activities of the Member States, and in particular to Article 153(1)(h) on the integration of persons excluded from the labour market and Article 153(1)(j) on the combating of social exclusion, |
|
— |
having regard to Title XVIII of the Treaty on the Functioning of the European Union, which deals with economic, social and territorial cohesion, |
|
— |
having regard to Article 352 of the Treaty on the Functioning of the European Union (‘flexibility clause’), which provides for the adoption of appropriate measures to attain one of the objectives set out in the Treaties, |
|
— |
having regard to Articles 3, 8, 16, 18, 20, 21 and 157 of the Treaty on the Functioning of the European Union, |
|
— |
having regard to the Council of Europe Recommendation 1355 (1998) on Fighting Social Exclusion and Strengthening Social Cohesion in Europe, |
|
— |
having regard to the Council of Europe’s European Charter for Regional or Minority Languages, which recognises regional or minority languages as integral parts of Europe’s cultural heritage, as well as the Framework Convention for the Protection of National Minorities, |
|
— |
having regard to its resolution of 28 April 2005 on the situation of the Roma in the European Union (1), |
|
— |
having regard to its resolution of 1 June 2006 on the situation of Roma women in the European Union (2), |
|
— |
having regard to its resolution of 15 November 2007 on application of Directive 2004/38/EC on the right of EU citizens and their families to move and reside freely within the territory of the Member States (3), |
|
— |
having regard to its resolution of 31 January 2008 on a European Strategy on the Roma (4), |
|
— |
having regard to its resolution of 10 July 2008 on the census of the Roma on the basis of ethnicity in Italy (5), |
|
— |
having regard to its resolution of 11 March 2009 on the social situation of the Roma and their improved access to the labour market in the EU (6), |
|
— |
having regard to its resolution of 25 March 2010 on the Second European Roma Summit (7), |
|
— |
having regard to its resolution of 9 September 2010 on the situation of the Roma and on freedom of movement in the European Union (8), |
|
— |
having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (9), |
|
— |
having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (10), |
|
— |
having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (11), |
|
— |
having regard to Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (12), |
|
— |
having regard to Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law (13), |
|
— |
having regard to Regulation (EU) No 437/2010 of the European Parliament and of the Council of 19 May 2010 amending Regulation (EC) No 1080/2006 on the European Regional Development Fund as regards the eligibility of housing interventions in favour of marginalised communities (14), |
|
— |
having regard to the conclusions of the European Councils of December 2007 and June 2008 and the conclusions of the General Affairs Council of December 2008, |
|
— |
having regard to the Employment, Social Policy, Health and Consumer Affairs Council’s conclusions on the Inclusion of the Roma, adopted in Luxembourg on 8 June 2009, with special regard to the Ten Common Basic Principles on Roma Inclusion annexed to the conclusions, |
|
— |
having regard to the Commission Communication on the social and economic integration of the Roma in Europe (COM(2010)0133), the creation of a task force (15) (on 7 September 2010), the first findings of the Task Force (16) and the reports of the European Union Agency for Fundamental Rights, |
|
— |
having regard to the Commission Staff Working Document entitled ‘Roma in Europe: The Implementation of European Union Instruments and Policies for Roma Inclusion – Progress Report 2008-2010’ (SEC(2010)0400), |
|
— |
having regard to the First European Roma Summit, held in Brussels on 16 September 2008, and the Second European Roma Summit, held in Córdoba on 8 April 2010, |
|
— |
having regard to the reports on Roma, racism and xenophobia in the Member States of the EU in 2009, published by the Fundamental Rights Agency (17), and to the reports by the Commissioner for Human Rights of the Council of Europe, Thomas Hammarberg, |
|
— |
having regard to the related recommendations, opinions and declarations made by the Council of Europe, such as the conclusions of the Council of Europe High-level meeting on Roma (Strasbourg, 20 October 2010) (18), |
|
— |
having regard to the proclamation in 2005 of the Decade of Roma Inclusion and the establishment of the Roma Education Fund by a number of EU Member States, candidate countries and other countries in which the Union institutions have a significant presence, |
|
— |
having regard to the recommendations adopted by the UN Committee for the Elimination of Racial Discrimination at its 77th session (2-27 August 2010), |
|
— |
having regard to the Council of Europe report entitled ‘Fourth ECRI Report on France’, published on 15 June 2010, |
|
— |
having regard to Rule 48 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Employment and Social Affairs, the Committee on Regional Development and the Committee on Culture and Education (A7-0043/2011), |
|
A. |
whereas a large proportion of Europe's 10-12 million Roma – most of whom are EU citizens – have suffered systematic discrimination and therefore are struggling against an intolerable degree of social, cultural and economic exclusion as well as human rights violations, and experience severe stigmatisation and discrimination in public and private life, |
|
B. |
whereas there are still economic and social disparities between the various regions of the European Union and whereas a significant proportion of the Roma community live in regions which are among the least economically and socially advanced in the Union, |
|
C. |
whereas the European Union is founded on the principles enshrined in the EU Charter of Fundamental Rights and in the EU Treaties, which include the principles of non-discrimination, the specific rights intrinsic to EU citizenship, free movement and equality, |
|
D. |
whereas the EU trio in their joint declaration at the second Roma Summit held in Cordoba on 8-9 April 2010 committed themselves to advancing the mainstreaming of Roma issues in European and national policies on fundamental rights and protection against racism, poverty and social exclusion; improving the design of the roadmap of the Integrated Platform on Roma Inclusion and prioritizing key objectives and results; and ensuring that existing financial instruments of the European Union, in particular the Structural Funds, are made available to the Roma, |
|
E. |
whereas the exclusion of Roma children from the education system has an adverse impact on the other rights of members of the Roma community, in particular the right to work, and whereas this exacerbates their marginalisation, |
|
F. |
whereas the communities that wish to maintain their traditional nomadic lifestyle within Europe are those most affected by illiteracy, and whereas there are therefore cultural barriers to the schooling of their children, |
|
G. |
whereas the material conditions required for the schooling of Roma children must be provided, and whereas this must include the appointment of school mediators, |
|
H. |
whereas the EU has developed a range of useful tools, mechanisms and funds to foster the inclusion of Roma, but these are scattered across policy areas and have not been properly monitored, and therefore their effect and benefit remain limited and hard to measure; thus, despite the existence of numerous cooperation mechanisms and institutions, the problems and challenges regarding the inclusion of Roma have so far not been met effectively, and therefore the no-change option is unsustainable, |
|
I. |
whereas a ‘Decade of Roma inclusion’ was launched in 2005 to combat discrimination and improve the economic and social situation of the Roma, and whereas the signatories to the Declaration of the Decade – Bulgaria, Croatia, Hungary, Montenegro, the Czech Republic, Romania, Serbia, Slovakia and the Former Yugoslav Republic of Macedonia – undertook to work toward eliminating discrimination and closing the unacceptable gaps between Roma and the rest of society, |
|
J. |
whereas true integration of the Roma is possible only by means of mutual recognition of the rights and obligations of the communities concerned, |
|
K. |
whereas repatriations and returns of Roma have been taking place in several Member States and are often accompanied by the stigmatisation of Roma and general anti-Gypsyism in political discourse, |
|
L. |
whereas non-discrimination – although indispensable – is still an inadequate answer to a history of structural discrimination affecting the Roma and whereas it is therefore necessary to complement and reinforce equality legislation and policies by addressing the specific needs of the Roma regarding the full respect, protection and promotion of fundamental rights, equality and non-discrimination, the full and non-discriminatory application of legislation, policies and mechanisms to monitor and sanction violations of the rights of Roma, as well as the fulfilment of and equal access to their specific human rights to employment, housing, culture, health care, participation in public affairs, training, education and free movement by means of an EU-level strategy, |
|
M. |
whereas the soft policy approach of the Open Method of Coordination relying on the voluntary participation of the Member States and without any hard incentive to induce effective performance proved to be insufficient in fostering Roma inclusion and this limitation may be partially obviated by tying EU funding mechanisms more closely to peer review processes, |
|
N. |
whereas women from ethnic minorities and especially Roma women face much more serious multiple discrimination than men from the same ethnic group or women from the majority, and whereas the employment rate of Roma women is even lower than that of Roma men, whilst on the other hand, given their role in the family, women can be the cornerstones of the inclusion of marginalised communities, |
|
O. |
whereas it is necessary to pay particular attention to minors and children when working out a European strategy for the integration of the Roma, |
|
P. |
whereas the EU Strategy on Roma Inclusion shall address all forms of violations of the fundamental rights of Roma – including discrimination, segregation, hate speech, ethnic profiling and unlawful fingerprinting, as well as unlawful eviction and expulsion – by ensuring the full transposition and stronger implementation of all related directives and EU law, |
|
Q. |
whereas growing stigmatisation of Roma and anti-Gypsyism in political discourse and general public are causes for concern, whereas the questionable repatriations and returns of Roma that have been taking place in several Member States have created fear and anxiety amongst the Roma population as well as worrying levels of racism and discrimination, |
|
R. |
whereas the chances of the Roma accessing the same rights and obligations as citizens of a Member State are largely dependant on their being provided with legal documentation of citizenship, |
|
S. |
whereas access for the Roma people to high-quality education and vocational training, the sharing and understanding of their culture, their values and their cultural heritage, their involvement in associations and better representation for their community are essential strands of a holistic approach to the implementation of national and European strategies for their inclusion and involvement in society, |
|
T. |
whereas high-quality education and training has an influence on an individual’s future life, in both personal and professional terms, and on his or her involvement in society, and it is therefore essential to ensure that everyone has the same access to education and training without discrimination of any kind, and whereas the inclusion of cultural diversity and action to combat stereotypes in school curricula from a very early age is an important tool for Roma integration and mutual understanding, |
|
U. |
whereas on 19 October 2010 the Commission announced the presentation of an EU framework for national Roma strategies in April 2011 (19), |
|
1. |
Calls on the Commission to propose and the Council to adopt an EU Strategy on Roma Inclusion (hereinafter: ‘the Strategy’) as an EU-wide, indicative, inclusive and multilevel action plan, which will be prepared and implemented at all political and administrative level and can evolve as needed, builds on the fundamental values of equality, access to rights, non-discrimination and gender equality and is based on the tasks, objectives, principles and instruments defined by the Treaties and the Charter of Fundamental Rights, as referred to above, as well as the relevant EU legislation and is furthermore based on shared competences, as well as the supporting, coordinating and complementary actions of the Union; |
|
2. |
Recognises that Roma communities face discrimination and/or frequent prejudice in several Member States and that this situation is exacerbated by the current economic and financial crisis, resulting in loss of employment; stresses that the inclusion of the Roma population is both the responsibility of all the Member States and the EU institutions; calls on the Member States to fully cooperate with the EU and representatives of the Roma population in setting up integrated policies, making use of all the EU financial resources available under the EU funds, and in particular under the ERDF, ESF and EAFRD, to promote Roma inclusion at national, regional and local level; invites the Commission to pay particular attention to requests for technical assistance in a bid to improve the effectiveness of all available instruments for the integration of Roma communities; |
|
3. |
Recalls that European programmes and funding are available and can be used for the social and economic integration of the Roma people but that improved communication is needed on all levels within the local authorities, civil society and the potential target groups so that Roma people are informed about them; furthermore, encourages the use of existing EU funds for building new houses or renovating existing ones, improving the engineering infrastructure, local utilities, communication systems, education, measures for access to the job market, etc.; |
|
4. |
Calls on the Commission to:
|
|
5. |
Stresses that complex programmes and programmes adapted to the specific needs of Roma communities living in different circumstances are crucial, and that in this context there is a need to provide the Roma with access to personalised services on site; |
|
6. |
Recalls that adequate income support, inclusive labour markets and access to quality services are basic pillars of the active inclusion strategy presented in Recommendation 2008/867/EC; |
|
7. |
Stresses that social assistance, decent housing and clothing, accessible high-quality early development programmes and non-segregated, high-quality education with an inclusive climate and a willingness to involve parents are essential to ensure equal opportunities, the chance of full participation in society and the lack of future discrimination; stresses the need to combat truancy and early school leaving and to provide grants and financial support; maintains that education, training opportunities and job assistance offered to adults are crucial to support the recruitment and continued employment of the Roma in order to avoid the reproduction of social exclusion; |
|
8. |
Urges that the prevention of marginalisation should begin in early childhood, so that as soon as a child is born it is entered in the population register in such a way that its nationality is recognised and it comes within the sphere of all social services; considers in particular that Roma children should be guaranteed high-quality early education services and that special measures should be taken to support their schooling; |
|
9. |
Recalls the challenges that Roma, especially women and girls, face in terms of extreme poverty, discrimination and exclusion, resulting in lack of access to high educational levels, employment and social services; asks the Commission and Member States to address the particular needs of Roma women and girls by applying a gender perspective in all policies for Roma inclusion, and to provide protection for especially vulnerable subgroups; |
|
10. |
Calls on the Member States to take concrete action to inform their citizens about the historical and current situation of the Roma, using amongst other things the reports from the FRA as a source of material for this purpose; |
|
11. |
Underlines that the EU Strategy on Roma inclusion should also include measures to ensure the monitoring of the situation of Roma in relation to the respect and promotion of their fundamental social rights, equality, non-discrimination and free movement in the EU; |
|
12. |
Stresses that access for the Roma people to high-quality education and vocational training, the sharing and understanding of their culture, values and cultural heritage, their involvement in associations and better representation for their community are essential strands of a holistic approach to the implementation of national and European strategies for their inclusion and involvement in society; |
|
13. |
Emphasises that quality education and training influence an individual’s future personal and professional life, and that it is therefore essential to ensure equal access to effective education and training systems, without discrimination or segregation of any kind; |
|
14. |
Stresses the importance of endorsing the Strategy and overseeing its implementation in a transparent manner with the primary responsibility falling on democratically accountable ministers within the Council, and emphasises that the Strategy should in no way be divisive for the EU, creating splits among Member States, but on the contrary should contribute to the reinforcement of community integration; |
|
15. |
Underlines the importance of appropriate use of the funds allocated to the individual Member States in the priority sectors provided for by the Strategy; |
|
16. |
Highlights the need for the objectives of the Strategy to be subjected to checking and measurement with regard to the degree of attainment so as to introduce award criteria in favour of compliant Member States and penalties for non-compliance; |
|
17. |
Calls on the Commission to:
|
|
18. |
Recalls that the Commission has a special responsibility for promoting an EU Strategy on Roma inclusion, but that this strategy has to be implemented at local level; |
|
19. |
Calls on the Commission and Member States to mobilise existing EU strategies and instruments with a view to securing the socio-economic inclusion of Roma, and to design and implement all relevant policies by taking into account, where appropriate, the Common Basic Principles on Roma Inclusion; |
|
20. |
Considers that stronger collaboration among Roma leaders, local authorities and EU bodies is crucial for determining the main challenges and solutions that both the EU and its Member States are facing regarding socio-economic inclusion for the Roma population; |
|
21. |
Calls on the Member States to endow decision-making bodies with the powers necessary to secure complex and development-oriented EU funding supporting good local initiatives and responding to the diverse local needs of the Roma people; stresses the importance of identifying and exchanging good practices with regard to Roma integration and of increasing the visibility of the success stories; also calls for the development of institutional capacity to provide necessary assistance (administrative and project management assistance) at local level; |
|
22. |
Deems that concerted action and responsibility should be taken throughout the whole process by Roma and non-Roma organisations, local, regional and national authorities and EU bodies building on best practices, on the existing vast knowledge bases compiled by the Member States and on the experiences of the first period of the Decade of Roma Inclusion; stresses the importance of organising awareness-raising campaigns, particularly for regions with large Roma communities; |
|
23. |
Considers that social inclusion of the Roma is not possible without creating and strengthening their interest representation, including in political decision-making, and their civil activities through NGOs at national and European level; |
|
24. |
Strongly advises EU bodies to secure greater involvement of the national level in consultations and in the decision-making mechanism in order to achieve a future strategy that can be beneficial for all parties involved; also draws the attention of the Commission and the Member States to the fact that it is necessary to design, develop, implement and evaluate Roma inclusion policies in cooperation with regional and local authorities, with Roma and non-Roma population groups, representatives and civil society organisations, and with the Committee of the Regions and international organisations in order to improve acceptance and effectiveness of policies; |
|
25. |
Calls on the Commission to collect and disseminate information on the experience gained and the action taken in the various Member States, in particular in the educational and cultural spheres; |
|
26. |
Calls for better assistance to project organisers eligible for European funding for the integration of Roma people by creating platforms for information, analyses and exchanges of good practices; |
|
27. |
Maintains that part of the solution lies in the full commitment of the Member States to provide effective support for project organisers and that the Member States, in conjunction with the Commission, have a role to play in encouraging local authorities to select projects to integrate Roma people; |
|
28. |
Calls on the Member States to develop cross-sectoral poverty reduction strategies that take into consideration the often sensitive issue of the coexistence of the Roma community and the majority community, which are both affected by lack of employment, poverty and marginalisation; highlights the importance of incentive measures that provide visible benefits to encourage the poor to enter the labour market rather than live off social benefits and perhaps work on the black market; emphasises that programmes promoting mutual understanding and tolerance towards each other are of utmost importance; |
|
29. |
Calls on the Commission to incorporate an enlargement dimension into the Strategy by developing pilot projects in candidate countries and potential candidates which guarantee the development of national action plans in line with the EU Strategy; |
|
30. |
Calls on the Member States to appoint a high-level government official or an administrative body to act as national contact points for the transparent and efficient implementation of the Strategy, equipped with executive powers and responsible for the implementation, coordination, monitoring, mainstreaming and enforcement of the Strategy at national, regional and local level by ensuring minimum bureaucracy and efficient management and control of funds, as well as transparency of the reporting; |
|
31. |
Calls on national education ministries and the Commission to establish innovative and flexible grants for nurturing talent and to increase support for existing grants and programmes; |
|
32. |
Calls on the Commission and the Council to adopt the augmented and detailed components of the Laeken indicators in measuring social and territorial exclusion as well as to evaluate progress; stresses that the horizontal divisions of the Laeken indicators must be extended also to the smallest statistical-administrative units (LAU 1 and LAU 2); moreover, points out that the Laeken indicators could be added to the future indicators in the Cohesion Policy, especially regarding the social dimension; |
|
33. |
Calls on the Commission to complement the indicators by a system of targets and benchmarks in order to have real political commitment for progress; stresses furthermore the urgent need for progress in the collection of disaggregated data so as to be able to measure progress towards targets/benchmarks/indicators and to develop evidence-based policies as well as enhance effectiveness and evaluation; |
|
34. |
Calls urgently for the development – with the help of best practices – of benchmarks, indicators, independent monitoring and impact assessment mechanisms to support and evaluate the efficiency and the tangible results of the programmes rather than purely checking that projects in receipt of grants have met the procedural formalities, and calls for effective monitoring of the use of funds so that the financial resources genuinely end up improving the living conditions, health care, education and employment of the Roma; |
|
35. |
Considers that the structured cooperation of the Member States in the existing open methods of coordination in the fields of employment and social inclusion is of vital importance for advancing the full inclusion of the Roma and asks the Commission to organise exchanges of good practice and experience between the Member States and all parties concerned with Roma issues; |
|
36. |
Calls – in the interest of ensuring that funds with precisely-stated and specified objectives effectively reach the Roma in need and bring about long-lasting advances in their lives – for real commitment on the part of the Commission and the Member States to launching more target- and development-oriented, complex, flexible and sustainable programmes with a longer time coverage and greater territorial relevance, focusing on the most disadvantaged micro-regions in their geographical, socio-economic and cultural context, while also addressing the problem of suburban and rural poverty and segregated Roma neighbourhoods, and placing special emphasis on improving substandard housing (lacking, for example, drinking water, heating, electricity and sanitation) and on providing further assistance to families to maintain their improved housing situation; also calls on the Commission to monitor the outcomes of the projects after their funding has run out; |
|
37. |
Calls on the Member States to improve the economic opportunities of Roma, including the promotion of the microcredit facility among entrepreneurs; calls on the Member States to build on the experience of successful projects, for example where undeclared businesses have been turned into legal economic activities with the help of experts; |
|
38. |
Calls on the Member States and the Commission to frame clear policies for the inclusion of the Roma in the labour market and to devise and adopt measures to combat the adverse effects of prolonged dependence on the social welfare system; |
|
39. |
Recognises that most Roma are employed in undeclared jobs, and, given the need to ensure the sustainability of the social security systems, calls on the Member States, in cooperation with the social partners, to effectively combat this phenomenon; |
|
40. |
Calls on the Member States to commit themselves to involving public actors such as SMEs and micro-companies in the implementation of inclusion measures for the Roma population regarding employability; |
|
41. |
Stresses the important role that SMEs and micro-companies can play in Roma integration and advocates measures to reward those that contribute to this goal; |
|
42. |
Believes that better prospects for Roma people, in particular with a view to their access to the labour market, can be ensured through increased investment by the Member States in education and training – with a particular focus on new technologies and the Internet – incorporating measures endorsed by the international scientific community, foundations and NGOs working in the field of education and social inclusion at regional and local level; |
|
43. |
Calls on the Commission to draw up a European crisis map which identifies, measures and surveys those micro-regions within the EU where the inhabitants are hardest hit by poverty, social exclusion and discrimination, at least on the basis of the following attributes:
|
|
44. |
Calls for the involvement of the Member States in providing data regarding the socio-economic situation of the Roma (mainly regarding their education, health, housing and employment) and invites international organisations (e.g. the ILO and the OECD) to elaborate on these issues as part of their general surveys, and to help set specific targets concerning, for example, the percentage of the Roma community who complete secondary and tertiary education, are employed in public administration or are represented in different sectors of social and political life, and asks the European Commission to help set up a clear and viable EU strategy on Roma inclusion with the help of these data; |
|
45. |
Calls therefore on the Commission to bring specific support, including financial support, to these micro-regions and directly develop pilot projects that include the participation of mediators in line with the Council of Europe programme and a specific follow-up of the evolution of the implementation of the Strategy; |
|
46. |
Calls on the Commission to encourage, within the Strategy, the Member States, relevant international and European institutions, NGOs, Roma communities, other stakeholders and the public to use the terms ‘Roma’ / ‘Roma and Sinti’ whenever referring to this minority; |
|
47. |
Calls on the Commission and the Council to allocate dedicated funding in the Cohesion Policy within the next Multiannual Financial Framework explicitly to support the Strategy by creating a performance reserve for the EU Strategy on Roma; |
|
48. |
Takes the view that current EU fund absorption rates are too low; calls therefore on the Commission to analyse the reasons for this phenomenon and to elaborate a more efficient approach to monitoring the absorption of EU funds, in particular those funds specifically intended for marginalised groups; above all, calls urgently for the collection of data – with due consideration for the data protection directives – on the effectiveness of EU funds, in order to develop evidence-based policies; |
|
49. |
Highlights the fact that the social exclusion of the Roma has a very strong territorial dimension of poverty and marginalisation which is concentrated in underdeveloped micro-regions that severely lack the financial resources required to make their own contribution to the Community funding for which they are eligible and which generally lack the administrative capacity and human resources to make good use of the funding; emphasises the need for specific efforts to be focused on these micro-regions that are often peripheral intra-regional areas and for the substantial simplification of bureaucratic red tape so that the maximum possible allocation of resources can be achieved under the umbrella of the Cohesion Policy; |
|
50. |
Deems that there is also a need for new regulations on the allocation of the Structural Funds to set conditionality concerning the elimination of segregation and the assurance of equal access of the Roma to public services; takes the view that equal opportunity and anti-segregation plans should also be prepared at local level, based on measurable indicators and concrete actions; |
|
51. |
Urges the Commission to provide appropriate instruments to guide the Member States in securing complementarity among the ESF, the ERDF, and the European Agricultural Fund for Rural Development (EAFRD) and invites the Member States to utilise other programmes, such as the PROGRESS programme, the Lifelong Learning programme, the Culture programme (2007-2013) and the Health programme (2008-2013) in the interests of Roma inclusion; |
|
52. |
Calls for delegating EU development support bodies under the supervision and control of the Roma Task Force, in order to:
|
|
53. |
Calls on the Commission and Member States to apply both participatory monitoring evaluation which involves Roma communities and helps to develop the capacity of the stakeholders on the one hand and external expertise in order to gain a realistic and objective view of the overall success or failure of different measures and instruments on the other; furthermore requests that the Commission provide Parliament with a list of projects financed by the Commission benefitting Roma since 2000, presenting indications about the results achieved; |
|
54. |
Calls on the Member States to implement the horizontal priority ‘Marginalised Communities’ within the framework of the EU Structural Funds and to participate in the EU-Roma network working on the good implementation of structural funds for Roma social inclusion; underlines that existing measures, monitoring and evaluation mechanisms must be significantly improved; stresses furthermore that agencies and organisations implementing projects co-financed by the Structural Funds and targeting Roma directly or benefitting Roma indirectly must be held accountable and implement actions in a transparent manner; furthermore, calls for an ongoing cost-benefit analysis of the proportion of funds dedicated to and spent on the actual programmes and running expenses; |
|
55. |
Calls on the Commission and the Council to extend the scope of EU funding so that, besides development, the provision of quality public services also becomes eligible; stresses furthermore that co-financing should be reviewed and possibly differentiated to better reflect the diversity of actions and beneficiaries, and thus projects targeting Roma could be required to have a lesser share of co-financing from the country, with a higher share from the EU; |
|
56. |
Stresses that coordination among related EU policies must be significantly improved in order to foster synergies and complementarities; bureaucratic and implementation rules must be substantially simplified and all barriers between the various funds must be eliminated so that the maximum possible allocation of resources can be achieved by all the instruments; |
|
57. |
Emphasises the need for the Structural Funds to combine national and local approaches by acting through programmes that operate concurrently with a national strategy and provide local responses to specific needs; stresses, furthermore, the need to create synergies between the implementation of the Structural Funds and government strategies for Roma, as well as between the managing authorities of the European Social Fund and the specialised Roma units or coordination structures dealing with Roma issues; |
|
58. |
Calls on the Commission and the Council to improve access to EU funds of local governments and NGOs working on Roma inclusion by simplifying the application process and rules; |
|
59. |
Calls on the Commission to introduce in the Strategy a mechanism which promotes the hiring of Roma in public administration at both EU and national level, and calls on the Member States to hire Roma staff in public administration, especially in institutions participating in the programming and implementation of EU and nationally-funded programmes for Roma inclusion; |
|
60. |
Stresses the importance for the Member States to sign and ratify the European Convention of Nationality, which clearly states that no discrimination shall exist in a state’s internal nationality law on the grounds of sex, religion, national or ethnic origin; |
|
61. |
Underlines, in this context, the need to continue EU programmes, such as the Progress Programme to combat discrimination and JASMINE, which promotes investment in capacity building, and calls for such programmes to be further developed beyond 2013; |
|
62. |
Welcomes the opportunity created through the provisions of Regulation (EU) No 437/2010 of the European Parliament and of the Council of 19 May 2010, providing up to 3 % of the ERDF allocation to specific programmes or 2 % of the overall allocated budget for the rehabilitation of housing for the benefit of marginalised communities; regrets that no operational plans have so far been changed to reprioritise housing of the Roma population; calls on Member States to make quick and full use of this new opportunity within the framework of the Structural Funds in order to strengthen the prospects of effective social inclusion; calls on the Commission to come forward with a specific action plan on this Regulation to speed up the use of the funds and recommends the preparation of a Commission report on their utilisation; furthermore, calls on the Member States to make effective use of the potential for interaction between the ERDF, the ESF and EAFRD in developing programmes for Roma integration; |
|
63. |
Recognises that Roma communities are extremely heterogeneous groups, with the consequence that there can be no single strategy; recommends therefore that the local and regional authorities of the Member States propose effective integration policies that should differ according to their specific backgrounds (geographical, economic, social, cultural); recommends that the Commission make use of the experience acquired by those authorities which have actively contributed to the integration of Roma communities and encourages the use of best practices and recipes for success, with a view to achieving their social inclusion; |
|
64. |
Recalls that the main prerequisite of successful integration is a joint effort made by both mainstream society and the Roma community; calls therefore on the Member States to help improve the housing and employment situation of the Roma people and recommends that Member States and regional and local public authorities integrate – in accordance with the regulation governing the European Regional Development Fund – the allocation of new housing to marginalised communities into a broader, more complex policy framework of mutual and two-way social commitment, such as community building, which includes the participation of Roma in the process of building the new establishments and mutual efforts to enhance school attendance for children and substantially reduce unemployment; the Member States can thus significantly contribute towards a concrete solution for the location needs of marginalised groups living in poor housing conditions; also urges the Member States to make use of the EU Roma network in order to encourage an exchange of best practices; |
|
65. |
Calls on the Commission and the Council to make maximum use of the programmes within the European Territorial Cooperation objective, such as cross-border cooperation programmes, transnational cooperation programmes and interregional cooperation programmes, and to exploit the possibilities provided by the European Grouping for Territorial Cooperation; |
|
66. |
Calls on the Commission and the Member States to analyse and eliminate the barriers to (re)entering the labour market and self-employment of Roma women and furthermore to place proper emphasis on the role of women in the economic empowerment of marginalised Roma and launching businesses; furthermore calls on the Commission and the Member States to ensure the involvement of Roma women in the preparation, implementation, monitoring and evaluation of the EU Strategy on Roma Inclusion; |
|
67. |
Calls on the Commission and the Member States to include as a horizontal objective the capacity building and empowerment of Roma women in all the priority areas of the EU Strategy on Roma Inclusion; |
|
68. |
Calls on the Commission and the Council to include the promotion of gender equality among the objectives of the Strategy as well as combating multiple and intersectional discrimination; |
|
69. |
Calls on the Commission and the Member States to collect, analyse and publish reliable statistical data disaggregated by gender so as to be able to properly evaluate and update the Strategy as well as measure the impacts of the Strategy’s projects and interventions on Roma women; |
|
70. |
Calls for the inclusion in the Strategy of a mechanism of cooperation, exchange of information and monitoring, not only at EU but also at national level, together with the Fundamental Rights Agency, the Council of Europe, other relevant international and European institutions, NGOs, Roma communities and other stakeholders, in order to address problems and find solutions and to ensure that the Strategy is correctly and fully implemented both at EU and national level by those responsible for it, thereby ensuring the success of the Strategy; |
|
71. |
Calls on the Commission to offer the technical support needed to improve the administrative capacities of bodies involved in the administration of the Structural Funds, and calls on the Member States to provide advice and administrative assistance, e.g. by organising training and by helping with aid applications and explanations, to make it easier for Roma to obtain information concerning European and national funding programmes in support of entrepreneurship and employment and to submit the relevant applications; |
|
72. |
Calls on the Member States to lay down concrete and specific targets, and detailed and measurable goals, on the social inclusion of the Roma when transposing Europe 2020 poverty and social inclusion objectives into national programmes, and calls urgently for measures to enforce the achievement of targeted goals; |
|
73. |
Believes that a better future for the Roma people can be ensured through education and that investing in the education of Roma children and youth is therefore essential; emphasises that schooling is not only a right but also a duty and expresses its support for activities aimed at enhancing the participation of Roma students in schools, including via the active involvement of their families; |
|
74. |
Believes that promoting knowledge of Romani culture across Europe will facilitate mutual understanding between Roma and non-Roma in Europe while also boosting European intercultural dialogue; |
|
75. |
Takes the view that the future strategy for the Roma minority should focus on education as the core instrument for promoting social inclusion; |
|
76. |
Believes that support mechanisms such as scholarships and mentoring arrangements should be established for young Roma in order to inspire them not only to obtain diplomas but also to enrol in higher education and improve their qualifications; |
|
77. |
Takes the view that a new type of scholarship programme should be developed to ensure the highest-quality instruction for Roma students in order to educate a new generation of Roma leaders; |
|
78. |
Believes that educational institutions whose underprivileged students win places at higher-level institutions, or whose percentage of students graduating is above average, should be rewarded, and calls on the Commission to develop projects in this area; |
|
79. |
Stresses that it is crucial that the Member States promote the integration of Roma into the community and cultural life of the places and countries in which they live, and ensure their long-term participation and representation therein, including through measures designed to promote vocational education and training (VET) and lifelong learning programmes aimed at the Roma community, taking into account the cultural heritage and way of life of the various Roma groups in Europe; points out, for instance, that efforts could be made to offer special training for school staff, to promote the hiring of Roma schoolteachers, to foster close cooperation with Roma families and organisations and to provide after-school support and scholarships; notes that this process should actively involve local authorities in the Member States and send a signal to the non-profit sector that its activities should include programmes designed to integrate Roma people into society; |
|
80. |
Calls on the Commission and the Member States to combat every form of social and educational exclusion of the Roma and to encourage all programmes that invest in education for Roma people; |
|
81. |
Believes that local governments must take responsibility for reintegrating students who drop out of the school system before reaching the age at which education ceases to be compulsory; notes that, to this end, educational institutions must provide local governments with information about school-leavers; |
|
82. |
Calls on the Commission to support further initiatives designed to provide early childhood education opportunities and care for Roma children and youth; |
|
83. |
Believes that kindergartens and/or alternative forms of pre-school care and education should be established in communities where none exist and expanded where there is a lack of places; |
|
84. |
Calls on the Commission to support initiatives which have proved effective in preventing any form of segregation and prioritise inclusive projects that promote educational success and involve the participation of Roma families; |
|
85. |
Expresses its concern at the high rate of illiteracy among the Roma people and deems it essential that programmes are designed and developed which ensure quality primary, secondary and tertiary education for Roma girls and women, including strategies to facilitate their transition from primary to secondary school and promote, throughout the whole process, greater understanding of Roma cultural heritage, history and values among Roma and non-Roma people; |
|
86. |
Emphasises that low school attendance, high absenteeism rates and low educational achievement may indicate that pupils and parents are not always aware of the importance of school; other relevant factors may include insufficient resources, health problems, lack of quality education on site or of accessible transportation to school, substandard housing and clothing that make school attendance impossible, a non-inclusive school climate and segregated schools that fail to provide adequate preparation with a view to competitiveness on the job market; underlines, therefore, the importance of action aimed at promoting school participation by Roma students and of ongoing, regular dialogue on educational matters with those students’ families, the Roma community and all stakeholders; |
|
87. |
Emphasises the vital role that grass roots and performance sports can play in the process of ensuring the inclusion of the ethnic Roma population; |
|
88. |
Supports the promotion of teacher training programmes that enhance teachers’ ability to engage with children and youth with a Roma background, as well as with their parents and people employed as Roma mediators, particularly in primary schools, as a way to promote regular school attendance by Roma; |
|
89. |
Suggests that different approaches to educational integration be adapted both to children from Roma families wishing to settle in one place – by monitoring children’s regular school attendance, for instance – and to those from families wishing to continue their nomadic way of life – through measures facilitating school attendance inside Roma camps, for example; |
|
90. |
Stresses the importance of mobility, lifelong learning, vocational training and continuing training programmes with a view to ensuring the inclusion of young people and adults from Roma communities and enhancing their potential to enter the employment market; |
|
91. |
Believes that the workplace training system must be expanded so as to allow the large-scale acquisition of the necessary skills and abilities; |
|
92. |
Believes that it is necessary to harmonise the supply of training with labour market demand and calls, therefore, for medium-term national and regional forecasts of expected labour demand; |
|
93. |
Calls on the Commission to develop and implement joint monitoring systems involving the EU institutions, the Member States and Roma community leaders, in respect of the programmes and projects put into practice within the Member States; |
|
94. |
Views the Roma culture as an integral part of Europe’s cultural mosaic; points out that a key means of understanding the Roma people and their way of life is to increase other Europeans’ awareness of the heritage, traditions and language of the Roma and of contemporary Roma culture; strongly supports the promotion and preservation of their creative activities as an essential component of intercultural dialogue; |
|
95. |
Takes the view that the Roma should make an educational effort to learn about the customs and culture of the peoples with whom they live, thereby facilitating their better integration in the places in which they live; |
|
96. |
Believes that the promotion of voluntary and sporting activities involving Roma and non-Roma is important in fostering greater social inclusion; |
|
97. |
Calls on the Commission to promote best practices and positive models and experiences arising from implemented programmes and Roma self-initiatives, with a view to improving the perception and image of Roma within non-Roma communities and boosting active participation by Roma communities and creative collaboration between those communities and the EU, the Member States and local programmes; |
|
98. |
Calls for better identification and use, at all levels of government, of the existing EU funds available to promote the employment, education and culture of Roma peoples; |
|
99. |
Recommends that future EU policies for the Roma minority should be based on a differentiated approach, tailored to the specific features of the different Member States and the particular nature of the communities involved; |
|
100. |
Draws attention to the importance of conducting stricter checks on the use of EU funding for Roma inclusion; |
|
101. |
Believes that exchanges of experience and good practices between Member States having achieved good results in the area of Roma inclusion and those still faced with this issue would be useful; |
|
102. |
Recognises that the complexity of paperwork may constitute an obstacle to project organisers; stresses the need to step up work on simplifying grant procedures; stresses the under-utilisation of European funding in this field; |
|
103. |
Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
(1) OJ C 45 E, 23.2.2006, p. 129.
(2) OJ C 298 E, 8.12.2006, p. 283.
(3) OJ C 282 E, 6.11.2008, p. 428.
(4) OJ C 68 E, 21.3.2009, p. 31.
(5) OJ C 294 E, 3.12.2009, p. 54.
(6) OJ C 87 E, 1.4.2010, p. 60.
(8) Texts adopted, P7_TA(2010)0312.
(9) OJ L 281, 23.11.1995, p. 31.
(10) OJ L 180, 19.7.2000, p. 22.
(11) OJ L 303, 2.12.2000, p. 16.
(12) OJ L 158, 30.4.2004, p. 77.
(13) OJ L 328, 6.12.2008, p. 55.
(14) OJ L 132, 29.5.2010, p. 1.
(15) IP/10/1097.
(16) MEMO/10/701 of 21.12.2010.
(17) Report on Racism and Xenophobia in the Member States of the EU in 2009; European Union Minorities and Discrimination Survey, Data in Focus Report: The Roma in 2009; The Situation of Roma EU Citizens Moving to and Settling in Other EU Member States; and Housing Conditions of Roma and Travellers in the European Union: Comparative Report.
(18) CM(2010)133.
(19) MEMO/10/502.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/131 |
Wednesday 9 March 2011
Industrial policy for the globalised era
P7_TA(2011)0093
European Parliament resolution of 9 March 2011 on an Industrial Policy for the Globalised Era (2010/2095(INI))
2012/C 199 E/16
The European Parliament,
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— |
having regard to Article 173 of Title XVII of the Treaty on the Functioning of the European Union (ex Article 157 of the Treaty establishing the European Community), covering EU industrial policy and referring to, among other things, the competitiveness of the Union's industry, |
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having regard to the Commission Communication of 28 October 2010 entitled ‘An Integrated Industrial Policy for the Globalised Era Putting Competitiveness and Sustainability at Centre Stage’ (COM(2010)0614), |
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having regard to its resolution of 16 June 2010 on EU 2020 (1), |
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having regard to its resolution of 15 June 2010 on Community innovation policy in a changing world (2), |
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having regard to the Commission Communication of 23 September 2009, ‘Preparing for our future: Developing a common strategy for key enabling technologies in the EU’ (COM(2009)0512), |
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having regard to its resolution of 22 May 2008 on the mid-term review of industrial policy: a contribution to the EU’s Growth and Jobs Strategy (3), |
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having regard to the informal Competitiveness Council of 14 and 15 July 2010, |
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having regard to the conclusions of the 2999th meeting of the Competitiveness Council of 1 and 2 March 2010, |
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having regard to the Commission communication of 4 November 2008 entitled ‘The raw materials initiative - meeting our critical needs for growth and jobs in Europe’ (COM(2008)0699), |
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having regard to the Commission Communication of 3 March 2010 entitled ‘Europe 2020 – A Strategy for Smart, Sustainable and Inclusive Growth’ (COM(2010)2020), |
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having regard to the Commission Communication of 6 October 2010 entitled ‘Europe 2020 Flagship Initiative: Innovation Union’ (COM(2010)0546), |
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having regard to the Commission Paper of 26 April 2010 from DG Enterprise and Industry entitled ‘EU Manufacturing Industry: What are the Challenges and Opportunities for the Coming Years?’, |
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having regard to the Commission Working Document entitled ‘Report on the Implementation of the Small Business Act’ (COM(2009)0680), |
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having regard to the Commission Communication of 16 July 2008 entitled ‘Sustainable Consumption and Production and Sustainable Industrial Policy Action Plan’ (COM(2008)0397), |
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having regard to the report entitled ‘Promoting innovative Business Models with Environmental Benefits’ of November 2008 conducted on behalf of the Commission, |
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having regard to the Commission Communication of 4 July 2007 entitled ‘Mid-term review of industrial policy - A contribution to the EU’s Growth and Jobs Strategy’(COM(2007)0374), |
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having regard to Rule 48 of its Rules of Procedure, |
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having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on International Trade, the Committee on Employment and Social Affairs, the Committee on the Internal Market and Consumer Protection and the Committee on Regional Development (A7-0022/2011), |
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A. |
whereas the global economic crisis has affected European industry, making it more difficult for it to adapt in the face of the challenges of globalisation, climate change, resources depletion, demographic change and change to industry based on knowledge and efficiency that are profoundly affecting industrial development, the employment market and prospects for the future, |
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B. |
whereas, to be able to overcome the effect of the crisis and face those challenges, the EU needs an industry policy approach that combines competitiveness, sustainability and decent work that can at the same time stimulate the economy, boost employment, reduce environmental degradation and improve quality of life, |
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C. |
whereas industrial policy in Europe can only succeed if it is firmly rooted both in a new financial sector architecture that promotes investment and prevents speculation, and also in a macroeconomic policy that steers fiscal, economic and budgetary policies in the EU towards sustainable growth and employment, |
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D. |
whereas certain European industries are in permanent crisis as a result of unfair competition from third countries, particularly in the areas of labour relations, the environment and intellectual and industrial property protection, |
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E. |
whereas European industry is facing increasing global competition from industrialised countries and from emerging countries such as China, India and Brazil in terms of access to resources, technological innovation and a skilled workforce as well as targeted and ambitious industry and innovation policies, |
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F. |
whereas an EU strategy to promote:
is the only means of increasing the sustainability and competitiveness of European industry and thus maintaining its global leadership, |
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G. |
whereas European industry’s global leadership is increasingly being challenged by the expanding industrial base in emerging countries, and the major competitors such as the USA, Japan and China are pursuing a strong and active industrial policy supported by broad investment in leading edge products and services, and for this reason it is extremely important to maintain and develop the competitiveness of European industry, to maintain its role as a driver of sustainable growth and employment in Europe, |
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H. |
whereas it is possible to support industrial progress through a combination of the appropriate framework conditions, smart, forward-looking and targeted regulation and market stimulation, based on accurate expectations for market developments and supporting the global trends towards clean, sustainable and innovative forms of production, distribution, and consumption, |
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I. |
whereas a general policy of support for investment in industry and services should be the EU’s macro-economic priority, particularly at a time of crisis, such as now, when investment (in particular in capacity as opposed to productivity) is the first type of expenditure to be cut; whereas the Member States, the EU and regional and local authorities should set themselves public investment targets (i.e. what proportion of total public spending should be taken up by investment), including in austerity plans, |
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J. |
whereas an ambitious EU industrial policy must be based on a strong internal market, both within EU borders and in its external dimension; whereas, in this connection, all industrial policy instruments (such as R&D policy, regional policy, competition policy, regulatory convergence and trade policy) must be brought to bear in addressing the opportunities and challenges of globalisation, |
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K. |
whereas de-industrialisation is an established fact in Europe that puts our technological and economic position at risk, given increasing globalisation and intense competition from rapidly developing countries, |
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L. |
whereas the red tape faced by businesses needs to be drastically reduced and their legislative and regulatory environment needs to be simplified in line with better lawmaking principles, |
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M. |
whereas world-wide demand for raw materials and resources has been increasing steadily, leading to worries over possible disruptions of supply, |
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N. |
whereas, according to the German statistical office, up to 45 % of the cost of a product unit is made up of the cost of materials, and whereas intelligent use of raw materials and efficient use of energy are thus crucially important for European industry, |
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O. |
whereas, despite the performance of some Member States, the EU has lost market share; whereas the EU’s presence in the high-technology sector is not what it should be, in particular as regards NICTs (13 % of added value in the United States, as against 5 % in the EU); whereas productivity is slowing down in the EU’s manufacturing industry, |
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P. |
whereas the manufacturing industry is the main source of productivity gains, both within the industry itself and in the other economic sectors, and whereas industrial innovation is one of the main catalysts for the development of new services and, thereby, for long-term growth, particularly in view of EU demographic trends, |
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Q. |
whereas industry forms an essential part of the EU economy, accounting for 37 % of the EU’s GDP (when taken together with the related services), 80 % of R&D spending and 75 % of exports, |
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R. |
whereas the EU’s traditional industries are important, and whereas their expertise needs to be put to good use, |
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S. |
whereas our international competitors, such as the United States and the Asian nations, have adopted proactive industrial policies based on large-scale investment in R&D in key sectors, |
A new approach to a sustainable industrial policy
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1. |
Welcomes the fact that, with the Europe 2020 Strategy and the Communication on an Integrated EU Industrial Policy, the Commission is finally acknowledging the importance of a thriving industrial, and in particular manufacturing, base for sustainable growth and employment in Europe and committing itself to an integrated industrial policy based on the principle of a social market economy; |
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2. |
Acknowledges the proposal for Integrated Industrial policy proposed by the Commission and notices its focus on restoring EU industry’s competitiveness; stresses in this respect that, in the face of the global challenges, it is essential that energy and resources efficiency are at the basis of the European industrial renewal if European industry intends to maintain its competitiveness in the future; |
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3. |
Highlights the fact that the various measures put forward by the Commission need to remain affordable for consumers, especially at a time when the European economy, particularly in the new Member States, is still recovering from its worst crisis for decades; |
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4. |
Highlights the fact that sustainable development, as defined by the Johannesburg Conference in 2002, is to be based on three pillars: economic, social and environmental, and that, in order to have the most competitive economy, industrial policy needs to be sustained by finding a balanced mix of these factors; |
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5. |
Calls on the Commission and on the Member States to develop an ambitious, eco-efficient and green EU industrial Strategy in order to recreate manufacturing capacity across the EU territory and to generate highly qualified and well paid jobs within the EU; |
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6. |
Stresses the need for long-term regulatory predictability and stability which are vital to industry for investment planning; therefore calls on the Commission to develop, together with the European Parliament and the Council, a comprehensive vision for European industry in 2020, which looks towards competitiveness and sustainability of industry and lays down guidelines, for example for energy and resource efficiency, with a view to developing growth, employment and thereby prosperity in Europe; regrets, in this respect, the lack of tangible proposals in the Commission Communication; |
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7. |
Calls on the Commission and the Member States to ensure that, in connection with the changes to the EU Treaties that are currently being considered, employment is placed on the same footing as combating inflation among the European Central Bank’s objectives; |
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8. |
Stresses that development cannot exist without a solid and strong industrial base; recognises that development can contribute to increased job creation and preservation of the living standards of citizens; |
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9. |
Calls on public authorities to cut back on red tape, prevent duplication of formalities and increase transparency with regard to time-frames for the resolution of proceedings; |
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10. |
Stresses that this will only be possible with a knowledge-based industry with a strong industrial basis; |
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11. |
Stresses that a new, sustainable industrial policy can achieve success only via an integrated, cross-sectoral approach underpinned by practical horizontal and sectoral initiatives based on objective economic argumentation, focused on common issues with major implications for a number of sectors and bringing tangible results for both business and consumers at European, national, regional and local level; |
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12. |
Emphasises how important sectors like energy and transport are within the cost structure of European industry; takes the view that the competitiveness of these sectors needs to be further improved via privatisation; with this in mind, is convinced of the need to restrict the level of public funding in companies operating in liberalised markets and to take steps with a view to the freedom to provide services in all modes of transport; |
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13. |
Believes that macro-economic framework conditions in which European industry can thrive must be established, taking due account of the reality of resources scarcity and depletion; in this context, considers that Europe must aim not only at promoting today's competitiveness but above all at securing future competitiveness; |
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14. |
Takes the view that the EU’s industrial strategy should identify strategic fields to invest in and calls on the Commission and the Member States to reflect these priorities in the future financial perspective, in the annual budgets and in EU policies; |
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15. |
Considers it important to adopt an integrated industrial policy under which European initiatives in all areas are complementary and not contradictory to the common goal of development; |
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16. |
Urges the Commission to make haste with the completion of the EU single market, this being a precondition for competitive industry and innovation; |
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17. |
Highlights the fact that fair competition together with open markets are crucial for the emergence of new and dynamic industries; |
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18. |
Is convinced that not only the public sector but mostly the private sector will have an essential role to play in investing in the restructuring and the development of new industrial sectors, ensuring both the creation of jobs and the transition to a resource-efficient and low-carbon economy; considers it essential, therefore, for the right framework to be in place to stimulate these private investments; |
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19. |
Emphasises that the new, integrated approach calls for extremely effective collaboration within the Commission and coherence amongst the different Commission policies; to this end, calls on the Commission to set up a permanent industrial policy task force which will be responsible for coordinating and adapting the direction and the measures under the current new and integrated European industrial policy strategy and for monitoring their implementation; |
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20. |
Calls on the Commission to focus more on competitiveness aspects during the impact assessment process (‘Competitiveness Proofing’) and in ex-ante/ex-post evaluation (‘Fitness Checks’), and to implement this essential part of smart regulation as fast as possible across all Commission services; stresses the fact that sustainability is essential for continuous competitiveness and for a resource-efficient and low-carbon economy; |
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21. |
Stresses that the European Union could create the most competitive industry in the world by means of, inter alia:
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22. |
Supports the Commission’s initiative at Point 3 of its Communication consistently to analyse the industrial policy implications of future legislation and to assess the implementation of this legislation, and stresses that the social partners must be included and there must be the greatest possible transparency; |
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23. |
Stresses that a new, sustainable EU industrial policy can only be effective if it is pursued in close coordination with the industrial policies of the Member States, and therefore calls on the Commission to take in 2011 the initiatives that are possible under Article 173(2) of the Lisbon Treaty, in the form of guidelines, indicators, exchange and dissemination of best available practices and technologies, monitoring and evaluation procedures; |
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24. |
Calls on the Commission to develop, together with the European Parliament and the Council, a new framework that will permit and encourage companies from different Member States to work together more effectively in setting and achieving their industrial priorities; believes that this will strengthen the competitiveness of European-made products and improve responses to changing global market conditions; |
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25. |
Is convinced that the success of a new, sustainable industrial policy depends on the involvement of all stakeholders, including the social partners, regional and local authorities, representatives of SMEs and civil society; notes that the Commission is required to embed a clear partnership principle in all areas and measures, part of which consists in joint monitoring and evaluation of anticipated measures, including assessment of strategies/measures/programmes; |
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26. |
Considers that an ‘EU industrial policy for the globalised era’ can achieve its aims only if it deals with the extent to which Community policies are adapted to future challenges that European regions and their local industries are facing and will face in the coming years, insofar as the EU policies concerned lead to an increase in the efficiency and competitiveness of SMEs, the prime movers of European industry; in this regard, stresses that the impact of economic, demographic, climate and energy changes needs to be further analysed with respect to their regional dimension, taking into consideration the potential regional disparities that these challenges will generate, thus affecting the homogeneous growth of EU industries; emphasises the leading role played by regions in promoting the greening of industry and the development of renewable energies; |
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27. |
Notes that industrial policy depends to a large extent on protecting EU industry against unfair competition from third countries; |
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28. |
Calls on the Commission to draw up without delay a detailed time frame for monitoring implementation of this strategy and to present an annual progress report; considers, furthermore, that the Commission should reassess every year the effectiveness of these guidelines and initiatives in order to identify any problems that have arisen during their implementation, and should lay down additional objectives with a view to ensuring that EU industrial policy is always at the forefront of progress; |
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29. |
Points out that internationalisation is a key factor in the competitiveness of businesses, and therefore calls on the Commission to step up efforts to promote as much as possible the knowledge gained across the spectrum of business support networks so that companies that are in the process of internationalisation can make use of it; |
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30. |
Stresses that pan-European structures and infrastructures that aim at joining sources and resources could launch a pan-European industrial model capable of competing on the global market; |
Funding
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31. |
Calls for ambitious funding for industrial policy and for infrastructure facilities (in particular research and energy, telecommunications and transport (TEN) infrastructure) – the ‘public utilities’ that make up the corporate environment; considers it essential, to this end, for EU bonds (Eurobonds or project bond) to be issued with a view to enabling the Union to fund innovation, infrastructure and reindustrialisation; |
Innovation
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32. |
Stresses that innovation is the main driving force behind industrial policy and growth, and that all initiatives in support of innovation:
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33. |
Stresses the need to distinguish more clearly between research and innovation as activities which, while closely linked, have different objectives, means, instruments of intervention and working methods: research, carried out by enterprises in the interests of their own growth, should create new knowledge and should, by its nature, be exploratory, independent and risk-taking; innovation, by contrast, has the objective of creating new products, new services and new processes having a direct impact on the market, on society and on the life of enterprises as such; |
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34. |
Believes that in particular the setting of benchmarks and standards has proven to be a strong driver for promoting innovation and sustainable competitiveness in several industrial sectors; calls for a reinforcement of the European Standardisation System through measures promoting simplification, transparency, cost reduction and involvement of stakeholders; |
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35. |
Draws attention to the need for better coordination between Member States and closer cooperation between businesses through business clusters, networks and centres of excellence; |
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36. |
Stresses that the competitiveness of the EU is very much dependent on innovation capacity, on research and development facilities and on the linkage between innovation and the manufacturing process; |
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37. |
Calls for research expenditure for the upcoming programming period from 2013 (8th RDP) to be significantly increased (EU target: 3 % of GDP for research and development, 1 % of GDP in public funding) as a matter of priority, so that European industry remains at the forefront of technology and globally competitive, thus putting private investment to effective use; notes that, alongside a strong focus on research into innovative processes, management, organisation and employee involvement in innovation, research in basic generic technologies is needed; stresses, furthermore, the need for the administrative procedures and procedures for gaining access to funding to be simplified; |
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38. |
Points out that the increase in regional disparities in terms of research and development potential is a challenge that has to be addressed not only in the framework of cohesion policy but also through research and innovation policy; in this respect, calls, in addition to research funding, for a reallocation of funding within the same operational programmes in order to support innovation and to enhance the deployment of research into marketed solutions for society; |
|
39. |
Notes that a significant increase in R&D investment, both private and public, is essential for EU industry to remain a technology leader and retain global competitiveness in areas such as renewable energy and transport efficiency; notes that to support increased private R&D investment, functioning markets for innovative products and a stable investment environment are necessary; takes the view that increased public funding of R&D is necessary to leverage private investment and encourage collaboration, and that simplification of public funding procedures, especially in the EU Framework Programmes, is a prerequisite for increased industry participation; |
|
40. |
Recognises, however, that for Europe to reach the investment levels needed for innovation to be the driving force behind economic growth, the private sector needs to increase its R&D funding; therefore calls on the Commission to examine the barriers preventing Europe’s businesses from investing at equivalent levels to their international counterparts, e.g. the US, and to take appropriate measures, legislative as well as non-legislative, as deemed necessary; |
|
41. |
Considers Joint Technology Initiatives (such as Clean Sky) to be an extremely useful means of marshalling funding from States, the EU and the private sector for innovative projects with a strong knock-on effect; calls for funding to continue to be provided for existing projects, so that they may be completed, and considers it essential for new projects to be developed in promising sectors (such as biotechnology, nanotechnology, space, renewable energy, new means of transport and new materials); |
|
42. |
Calls for the consistent use and reinforcement of available scientific and technological competencies in the Member States, particularly in key enabling technologies (KETs); |
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43. |
Welcomes the deployment of a high-level group of experts to draw up a common longer-term strategy and an action plan for KETs, so that their potential can be fully realised; |
|
44. |
Stresses the success of the Risk Sharing Financial Facility (RSFF) as an important way of providing R&D and innovation funding via the EIB; strongly encourages the Commission to make significantly more funds available, including through revolving innovation funds from ERDF sources, and to promote direct private investments and innovative financing mechanisms for high-risk innovative projects and those in which suitable SMEs participate; also stresses the importance of making innovation programmes more accessible for SMEs by decreasing bureaucratic burdens; |
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45. |
Is concerned about firms’ limited uptake of structural funding for the purpose of financing innovative projects; takes the view that managing authorities should focus on raising firms’ awareness of the operational programmes and providing them with whatever help they need to launch their projects; |
|
46. |
Calls on the Commission to draw up an inventory of the best practices of existing and planned funding mechanisms, fiscal measures and financial incentives to promote innovation, and calls for an annual update and review of the measures’ effectiveness; |
|
47. |
Calls for thought to be given to introducing new, alternative mechanisms to address the shortage of funding for EU businesses, in particular SMEs; considers that such mechanisms must
and must take the form of the following instruments:
|
|
48. |
Acknowledges the EU’s problem of having fewer young leading innovators in high R&D-intensity sectors, especially biotech and internet; stresses, therefore, the need to encourage their development by tackling the specific barriers they face in new sectors and by closely monitoring emerging innovative markets, adapting the mix of policy instruments to their specific needs; |
|
49. |
Calls on the Commission to create an environment favourable to enterprises at the start-up and spin-off phases, by means of dedicated services enabling young entrepreneurs to overcome the barriers which have traditionally stood in the way of embarking on new productive activities (infrastructural barriers, access to information, cost of services, management of intellectual property); |
|
50. |
Calls lastly for the EU to respond to the fragmentation of the European risk-capital market by bringing forward an EU scheme to establish pan-European funds; |
|
51. |
Underlines the fact that investment in R&D and innovation could be made through national tax incentives and access to specialised finance, for instance venture capital; |
|
52. |
Calls for further stimulation of technologies for sustainable development as begun in the ETAP action plan with the cross-linking of research, environmental and economic strategies, calls for an ambitious ETAP follow-up plan, where research, education, training and industry will join their efforts, and calls for allocation of adequate financial resources for its implementation; stresses the need to increase funding for the Strategic Energy Technology Plan (SET Plan); |
|
53. |
Calls for industry to be involved in eco-innovation to boost its employment potential; notes, in this regard, that informing entrepreneurs – by demonstrating new business opportunities – will be crucial to the success of a strategy aimed at developing resource-efficient economies and sustainable industries; |
|
54. |
Suggests that thought also be given to other forms of funding to support the development of innovative technologies by bringing together various stakeholders at different levels (European, national and local), as well as to making use of a range of tools including public-private partnerships and risk capital; |
|
55. |
Calls for particular attention to be paid to support for innovation in effective and sustainable use of raw materials; |
|
56. |
Recalls that, representing as it does an annual 17 % of GDP in the EU, public procurement plays an important role for the European single market and for stimulating innovation; points out that competitors such as China and the USA have set ambitious targets for public procurement of innovative and environmental products; calls on the Member States and the Commission to simplify and improve national and EU procurement rules where necessary and in line with the rules of transparency, fairness and non-discrimination; calls on the Commission to provide information about existing possibilities of involving innovative and sustainable criteria in tenders under current EU procurement rules in line with the Europe 2020 Strategy and to promote the use of these possibilities; stresses that it is essential to ensure reciprocity of access to external public procurement markets, so as to enable EU businesses to compete on fair terms internationally; |
|
57. |
Notes that pre-commercial public procurement can give a decisive initial push to new markets for innovative and green technologies, while also improving the quality and effectiveness of public services; calls on the Commission and the Member States to improve communication with public authorities about existing possibilities for pre-commercial procurement; |
|
58. |
Considers that the importance of public procurement in stimulating an innovative industrial base should not be underestimated; calls in this regard on the EU Member States to exploit the full potential of pre-commercial procurement as a driver of innovation and as a tool for improving SME participation in public procurement, with the effect of identifying and effectively stimulating lead markets for European business; |
|
59. |
Calls on the Commission to increase its efforts to prevent knowledge being transferred from the EU all over the world, particularly to China, which does not often reciprocate; |
Resources
|
60. |
Considers that economic growth can and should be decoupled from increased use of resources; |
|
61. |
Is convinced that the clear increase in resourcing efficiency as regards raw and auxiliary materials and supplies is strengthening the global competitive position of European industry, and therefore calls on the Commission to propose, building on its Communication on a resources strategy (COM(2005)0670), an ambitious EU resource efficiency policy as a priority, by means of an action plan or, if need be, in a Directive on resource efficiency; considers that this means:
|
|
62. |
Stresses that the availability of raw materials, in particular strategic resources and rare earths, is of central importance to European industry’s development possibilities, and therefore calls on the Commission to present an ambitious and comprehensive raw materials strategy in the first half of 2011, which should not only be limited to ‘critical raw materials’ as defined by the EU Commission and should include:
|
|
63. |
Takes the view that an industry policy needs, first and foremost, to rebalance energy actions in favour of a demand-driven policy, empowering consumers and decoupling economic growth from energy use; considers in particular that the transport and construction industries must pursue an active energy savings policy and diversify towards sustainable, non-polluting and safe energy sources, and that an industry policy should help create market conditions which stimulate higher energy savings and energy efficiency investments, to exploit a wide range of renewable energies as well as key technologies for energy storage mobility (notably public transport); |
|
64. |
Is convinced that, in order to ensure security of investment, industry needs an ambitious but realistic long-term energy policy which: guarantees competitive energy prices and security of EU supply, reduces dependence on fossil fuels, encourages efficiency and savings in production and consumption, allows manufacturing to take place with as few damaging emissions as possible, and prevents energy poverty and carbon leakage; points out that legal certainty, stable framework conditions, appropriate investment and further harmonisation of the internal energy market are key to switching to low-carbon production and supply and reducing industry costs; stresses that the infrastructure for a trans-European energy network, which includes heating and also takes advantage of the digital and transport network infrastructures, must therefore be renewed and extended in a timely and cost-efficient manner, and smart grids and metering promoted, particularly with the aid of funding from the European Investment Bank; |
|
65. |
Emphasises the importance to the European automobile sector of taking the lead in the further development and production of electric cars; calls on the European Commission in this respect to ensure, at the latest by mid-2011, framework conditions for the development of electric vehicles, notably concerning standardisation of infrastructures and charging technologies which will guarantee interoperability and safety of infrastructures; calls furthermore on the Commission to set up harmonised requirements for the approval of electric vehicles, with specific regard to health and safety for both workers and end-users; |
|
66. |
Recalls the huge job creation potential and cost reduction benefits that energy efficiency improvements are expected to yield; considers that the adoption of measures including targets, standards and benchmarking mechanisms that ensure energy efficiency improvement must therefore underpin initiatives in all industrial sectors; |
|
67. |
Calls for innovations in health care and the social sector so that industries will not face workforce shortages and higher labour costs in the next decades; |
|
68. |
Draws attention to the energy-saving potential of smart technologies; |
|
69. |
Believes that a policy of improving sustainability of transport systems and infrastructure through such measures as more efficient technologies, interoperability and innovative mobility solutions but also local sourcing policies is needed to ensure that supply chains can function with more sustainable logistics systems and at reduced operating costs; |
|
70. |
Believes that modern ICT technologies provide a large potential for innovations in support of sustainability and eco-efficiency, e.g. integration of technologies by putting additional intelligence layers on top of physical layers to achieve more efficiency management of systems (such as water supply, transportation systems); stresses the need to have open ICT standards available for such solutions; therefore urges the Commission to require open standards and stakeholders to drive the development of suitable open standards in support of resource efficiency; |
|
71. |
Draws attention to the need for sufficient technical and skilled personnel; considers therefore that more investment is needed in the field of education and training; insists that every effort be made to redress skills shortages at all levels in order to promote the qualifications of the workforce and interest young graduates more in industry, by means inter alia of:
|
|
72. |
Stresses the need to encourage youth access to the labour market through fairly paid internships and quality apprenticeship; |
|
73. |
Considers it vital for the economic, social and ecological future of the Union that young people are made aware of the high level of specialised and general education needed for their later employment in industry; |
|
74. |
Stresses that the comparative reluctance to engage in self-employed business activity can be overcome by creating a more attractive environment for business starters, more integrated support schemes such as ENTRE:DI and specific programmes such as ‘Erasmus for Young Entrepreneurs’; |
|
75. |
Welcomes the Commission’s proposal to explore new financing sources for major European infrastructure projects and supports the creation of an EU bond project in collaboration with the European Investment Bank; |
Fair competition
|
76. |
Is convinced of the need to put the instruments of the internal market at the service of European industrial policy in order to promote the emergence of major ‘European champions’ who set global benchmarks in their sectors of activity, such as Galileo or SESAR; calls on the EU not to impose excessively asymmetrical constraints on its businesses in comparison with those which exist in third countries; |
|
77. |
Stresses the need for the EU to secure for its businesses reciprocal access to public contracts when negotiating bilateral and multilateral agreements with third countries, while improving the effectiveness of the use of trade defence instruments by SMEs to combat monetary, social and ecological dumping practices, piracy, counterfeiting and illegal copying; |
|
78. |
Calls on the EU, like Canada, the USA, China or Japan, to require indication of the country of origin of certain products imported from third countries so that quality and safety requirements with regard to traceability apply to them as well as to those manufactured in the EU; |
|
79. |
Takes the view that, to consolidate European industry and, in particular, improve the competitiveness of companies within the world economy, it is necessary to introduce European provisions regarding origin marking (Made In); considers that this would make it possible for the public and for consumers to make informed choices and would encourage production within the European Union, which is in many cases preceded by a reputation for quality and high production standards; |
|
80. |
Considers that a multilateral climate agreement would be the best instrument for reducing the negative impacts of CO2 on the environment, but that there is a risk that such an agreement will not be concluded in the near future; takes the view, therefore, that the EU should continue to look into the possibility of putting in place, for those industries that are actually exposed to carbon leakage, appropriate environmental instruments in addition to the auctioning of CO2 quotas under the EU’s emissions trading scheme, in particular a ‘carbon inclusion mechanism’ that complies with WTO rules, as such a mechanism would make it possible to combat the risk of CO2 emissions being transferred to third countries; |
|
81. |
Insists that the EU should examine the economic practices of third countries before drawing up its own policies, and calls in particular on the Commission to assess as a criterion the international competitive position of European businesses when monitoring State aid; |
A sustainable culture for industry
|
82. |
Stresses the importance of creating the right framework for industry to remain in Europe and to further improve its global competitiveness; believes, therefore, that EU policies should be based on robust impact assessments which analyse all angles of the economic, societal and environmental benefits of EU policies; |
|
83. |
Calls for EU initiatives that identify what drives growth, innovation and competitiveness in different sectors and then bring forward stronger, coordinated technology-neutral and market-based EU policy responses and instruments for those sectors, of which full use should be made; considers that, for these purposes, product-specific legislation such as the eco-design directive should be developed further in a cost-efficient way, the energy efficiency labelling directive should be fully implemented, and industry-stimulating initiatives such as the ‘green car initiative’ put in place; calls, in this context, for a long-term campaign on sustainable consumption to raise awareness and change behaviour and thus support new innovative products and designs; |
|
84. |
Believes in the need to maintain and strengthen Europe on the global industrial map, especially given that new industrial opportunities arise from EU investment commitments, e.g. in the fields of climate change and energy, which will open up employment opportunities in high-skill areas; |
|
85. |
Calls on the Commission to clearly integrate this industrial policy into the development of the Roadmap for a Low-Carbon Economy by 2050, the SET-plan industrial initiatives and the 2050 vision in the Roadmap to a Resource-Efficient Europe; |
|
86. |
Calls for the maintenance and extension of close-to-the-market innovation funding such as the current Competitiveness and Innovation Framework Programme (CIP); |
|
87. |
Stresses the need for a systematic quality check of any new legislation using the following criteria:
|
|
88. |
Recalls that the European Globalisation Adjustment Fund (EGF) has become a vital tool to help communities transform from uncompetitive industries to sustainable ones; stresses that the EGF should continue and, if needed, be expanded; |
|
89. |
Calls for efforts to be stepped up with a view to overcoming current difficulties and creating without delay a single Community patent, which will provide effective, high-quality legal protection at low cost, and a harmonised European system for settling disputes concerning patents, in order to improve the framework conditions for industrial and intellectual property rights, to enhance legal certainty and combat counterfeiting, whilst keeping bureaucratic costs at a minimum, particularly for SMEs; welcomes the large support in Council for the Commission decision to initiate in 2011 the enhanced cooperation procedure on a single EU patent; further calls for a reform of standardisation methods (in particular in the ICT sector) where standards development should be open, transparent, based on the principle of interoperability and ensuring the competitiveness of European industry; considers that promoting international standardisation will safeguard European technological leadership; |
|
90. |
Notes that completion of the internal market is essential to the competitiveness and growth of European industry; stresses that European industries need a proper framework in which to create and develop goods and services at European level, and welcomes in this context the proposals set out in the Single Market Act; calls on the Commission to identify the scope for efficiency-enhancing harmonisation and improved governance within the framework of the Single Market Act, particularly in the fields of VAT, intellectual property rights and the EU patent, global standardisation, labelling and specific sectoral standards; |
|
91. |
Encourages Member States to assume a more proactive role in managing the single market, by improving cooperation between national authorities and strengthening the transposition, application and enforcement of single market rules on the ground; asks Member States to reduce transaction costs through additional measures, such as more effective e-government; |
|
92. |
Stresses the need for public authorities to support the development of key technologies and emphasises that the development of standards must be accelerated, as it is crucial to preserving EU industrial competitiveness and stimulating new growth, and that this applies particularly to the development of standards stimulating innovation as a means of addressing emerging environmental and societal challenges; |
|
93. |
Highlights the need to take account of the specific characteristics of SMEs and craft enterprises in the European standardisation system, particularly in terms of cutting the cost of access to standards, disseminating standards (through the publication of abstracts) and providing financial support; stresses the key role to be played by national standards bodies in promoting and boosting participation by SMEs and craft enterprises in the standardisation process, in keeping with the ‘national delegation’ principle; |
|
94. |
Stresses the importance of taking into account aspects which are currently not covered by European patent law, such as ‘business secrets’, so as to enable European industry to reap the benefits of genuine protection of intellectual property rights relating to products and procedures, following the example of the USA and Japan; |
|
95. |
Recalls that, in order to increase the competitiveness and technological leadership of European industry, it is desirable to:
|
|
96. |
Stresses that there is still vast potential for the performance of European industry in the full implementation of the internal market and calls on the Commission and Member States to quickly dismantle the remaining obstacles and barriers in the internal market; |
|
97. |
Calls on the Member States - while noting that restructuring is the primary responsibility of companies and social partners - to establish task forces on restructuring operations which will oversee the restructuring processes and ensure smooth economic transition by, for example, improving mobility on the labour market, retraining and other measures that could provide innovative and sustainable alternatives for both employees and firms; calls for the role of the European structural funds and for research and development in furtherance of conversion processes to be intensified; |
|
98. |
Calls for renewed investment in Europe’s industrial workforce, with a strong emphasis on sectoral social dialogue to manage structural changes caused by globalisation and on the promotion of a resource- and energy-efficient economy; encourages the social partners in sectors where employment is declining to face the challenges early on and to support both individual workers and the sector during the transition phase; stresses the importance of transition security via functioning social security systems, as this can help individuals move towards sectors where employment is created; |
|
99. |
Calls on the Commission to take the initiative to propose support for professional transition, to reduce social inequalities, to promote the ILO’s Decent Work Agenda, and to use the EU Employment Guidelines to specify the securities to be provided throughout the lifecycle of each type of professional transition; |
|
100. |
Calls for a more active role for the European Commission in the restructuring of companies with a European Works Council; considers that all relevant information should be made available at the earliest opportunity to the European Commission when such restructuring is carried out so that it can fully play its role as European interlocutor and coordinator for the Member States; considers that this will also put the Commission in a better position to screen and assess any use of State aid to assist restructuring; |
|
101. |
Calls for the European Globalisation Adjustment Fund to be thoroughly assessed and reformed so as to accelerate access to it, and for its budget to be increased in the next Financial Perspective; suggests moreover that a European Environmental Adjustment Fund be set up; |
|
102. |
Emphasises that the global economic crisis is affecting employment rates all over Europe, thus worsening the socio-economic prospects of the EU and increasing regional disparities; in this respect, emphasises that the existence of a competitive, diversified, fair and sustainable industrial sector based above all on efficient and competitive SMEs is essential for the future of workers Europe-wide; advocates making good use of the experience and abilities of older workers in preparing the ground for younger generations; |
|
103. |
Acknowledges that there are regional differences in industrial development, principally where there have been deindustrialisation processes in the new Member States, and calls for these too to be incorporated in the new sustainable industry policy and the allocation of resources from the Structural Funds in order to strengthen territorial cohesion; |
|
104. |
Stresses the great importance of SMEs in the industrial landscape, in particular when it comes to providing long-term jobs at regional level, and in preserving economic and creative vitality and a high level of growth, and calls on the Commission:
|
|
105. |
Takes the view that the European directive on takeover bids must be revised to give the EU the means to oppose projects that may prove to be detrimental – in industrial, economic and social terms – to social cohesion and the stability of the internal market; takes the view that the Union must be able to oppose takeover bids from firms that are not socially responsible and/or fail to comply with good governance requirements, along with takeover bids envisaged in sectors that the Member States deem to be strategic, in accordance with the European Union’s international undertakings; |
|
106. |
Calls for improvement in the development of public-private partnerships; |
|
107. |
Takes the view that in order to achieve Europe 2020 objectives and climate and energy targets by 2020, sectoral aid policy should not only be seen in the context of competition law, but must, in the interests of Europe, be used proactively, transparently and with clear rules to strengthen innovation, competitiveness and the roll-out of sustainable products, and in connection with industrial restructuring operations; opposes specific national State aid schemes that do not abide by the rules and therefore create unequal terms of competition; |
|
108. |
Takes the view that competition policy must respond to the needs of an ambitious industrial policy, while respecting the rules of the internal market; |
|
109. |
Emphasises that sustainable and fair development in the industrial sector can be better achieved by Member States through the principle of reciprocity of commercial policies; notes that regional network structures and competitive clusters should not be adversely affected by dissimilar commercial rules and provisions which have a particular impact on SMEs; |
|
110. |
Stresses, as highlighted in many recent studies, that sectoral aid stimulates growth where it is compatible with the preservation of competition in the sectors concerned, and where its provision is coupled with mechanisms to ensure that projects which prove ineffective do not receive further funding; urges that the granting of such aid be systematically made subject to a requirement that the activities supported remain within the EU for at least five years, and at least 10 years in the case of R&D activities; |
|
111. |
Notes in this connection that European business locations must be internationally competitive, especially in the field of key enabling technologies; |
|
112. |
Believes that free trade remains a key cornerstone for Europe’s economic growth and therefore calls for future multilateral and bilateral trade agreements to be drawn up in such a way that they form part of an industrial strategy based on fair global competition and reciprocity by European trading partners; takes the view that, in order to take into account the principle of sustainable development, social and environmental concerns and relevant standards should be incorporated in free trade agreements; considers that steps must be taken to ensure that European industries are not endangered by unfair practices, as is currently happening in the solar energy industry; recalls that regulatory dialogues with key trading partners must be strengthened to prevent and remove barriers to trade; calls on the Commission to strictly monitor the environmental legislation, exchange rate policies, state aid rules and other support programmes adopted by third countries competing with the EU; calls for the consideration of an EU foreign direct investment strategy in emerging markets to enable better access in new markets and building up of local production; |
|
113. |
Considers that the EU’s trade policy, set against the multilateral background of the WTO and a transparent and effectively regulated market, needs an effective production base that is supported by appropriate sectoral policies and targeted at growth and sustainable development; |
|
114. |
Considers that the economic recovery, spurred on by decisions taken by the EU and in conjunction with the Member States, will favour new opportunities for European firms as they find themselves increasingly competing in open, transparent global markets; |
|
115. |
Considers also that EU industrial policy guidelines should give due consideration to more homogeneous customs controls, as an important means of fighting counterfeiting and protecting European consumers; considers that an industrial policy should also ensure that the customs duty collection systems of countries at EU borders are harmonised to avoid inequalities and harm being caused to the interests of importers and to the development of the EU’s industrial fabric; |
|
116. |
Stresses the crucial importance of free trade to the development of European industry; |
|
117. |
Asks the Commission to make the guidelines for EU industrial policy the basis upon which tangible legislative instruments promoting EU trade are planned; |
|
118. |
Calls for the Commission not only to improve the environmental performance of EU industry in its legal proposals but at the same time to ensure that the same environmental standards as for products produced in the European Union also apply to imported products into the EU single market, focusing not only on setting these rules but also upholding them; |
|
119. |
Calls on the Commission to deliver on the objectives set out in the Global Europe communication and forthcoming communication on trade policy, notably by ambitious new market access in the Doha Round, including sectoral agreements, e.g. chemicals and machinery; |
|
120. |
Calls for the preservation of effective trade defence instruments for the purpose of countering unfair commercial practices, such as dual pricing in respect of the supply of raw materials and subsidies for domestic industry; |
|
121. |
Stresses that employees’ ideas and skills must be used in the restructuring of industry, and therefore calls for the widest possible consultation; |
|
122. |
Calls on the Commission to create a framework for cross-border collective bargaining in order to contribute to the enforceability of cross-border agreements and to tackle the challenges concerning the organisation of work, training and working and employment conditions; |
|
123. |
Stresses the need, when formulating and implementing industrial policy in the EU, to provide for consideration of the conditions under which industrial waste products, especially toxic waste products, are disposed of and their destination, in order to ensure that industrial waste does not become an environmental, economic or social burden on communities both within the EU and in third countries; |
|
124. |
Asserts that effective market surveillance throughout the internal market is crucial to protecting European industry from unfair competition; encourages the Commission to submit ambitious proposals to reform the current system of market surveillance, strengthening the EU’s role in the coordination of national market surveillance and customs authorities and ensuring that adequate resources are made available in all Member States; |
|
125. |
Calls on the Commission to continue the Better Regulation strategy and to improve governance of the single market, namely by creating ‘one stop-shop’ schemes and promoting online cross-border administrative solutions taking into account the particular needs of SMEs; |
|
126. |
Stresses that the expansion in times of crisis of the hidden economy and undeclared activities is an important factor in distortion of competition; calls on the competent authorities in the Member States to take the necessary action to combat this phenomenon; |
|
127. |
Stresses the importance of workers’ contributions to increasing economic growth and progress; |
Specific industries
|
128. |
Is convinced that, in parallel with a horizontal approach, specific sectoral initiatives must be launched in order to further promote modernisation, increased competitiveness and sustainability of individual industrial sectors, their supply chains and associated services through best-case practice sharing, standard-setting, benchmarking and similar soft policy-making tools; calls for:
|
|
129. |
Takes the view that EU industrial policy should also be based on practical projects which bring tangible benefits to European businesses and citizens, such as the GMES, Galileo and ITER projects; |
|
130. |
Points out that European industry is increasingly dependent on business services and that particular attention therefore needs to be paid to all the main links in the production chain; welcomes, in this context, the willingness expressed by the Commission to attach greater importance to these interdependencies; |
|
131. |
Reiterates the need to make swift progress in relation to interconnection of the European business register, as a means of ensuring that information for both producers and consumers is transparent and reliable; |
|
132. |
Stresses the importance of the tourism industry in the EU, which is the world’s foremost tourist destination, and in certain regions where it is the mainstay of the economy; supports the Commission’s strategy for boosting the competitiveness of the tourism industry by means of measures relating to quality, sustainability and the enhancement of Europe’s image as a tourist destination; |
|
133. |
Calls on the Commission to respect the roadmaps and conclusions developed in industry-specific approaches; believes that these roadmaps provide industry with long-term planning certainty and are a valuable tool for remaining competitive; |
Responsibility
|
134. |
Takes the view that European industry and stakeholders should step up their investments, corporate, social and environmental engagements and cooperate closely to develop favourable framework conditions; believes that industry should maintain investment and production in Europe, sustain its own research efforts, and strive towards sustainable growth, innovation and fairly-paid employment; believes that industry has a role to play in developing a new culture of qualifications offering good opportunities for high quality training and even more innovative, sustainable products and processes, and should enter wherever possible into strategic partnerships in Europe; |
|
135. |
Calls on the Commission and Member States to devise new mediation approaches to monitoring and building new infrastructure and to implement them so as increase the involvement of citizens, so that infrastructure which is necessary for the sustainable renewal of the industrial base (e.g. smart networks, wind farms, new railway lines) can quickly become possible; |
|
136. |
Expresses its conviction that the world economic crisis has clearly demonstrated the need for companies to act with due diligence in full conformity with the principles of CSR regarding both good corporate governance and respect for the environment and social excellence; |
Regions
|
137. |
Stresses that regional structures make a major contribution to strengthening industry in Europe; considers that competitive clusters and innovation networks (businesses, universities, research centres, technology services, training institutes, etc.) and linkages among businesses themselves and with other players (value-added chains, synergies) are essential to investment decisions; for this reason, takes the view that:
|
|
138. |
Recognises the contribution of EU industry to the vision of socio-economic and territorial cohesion and considers prosperous industry to be a crucial condition for economic growth and social stability in EU regions; |
|
139. |
Calls, therefore, for concerted efforts to use and build on the scientific and technological skills which are already available in the regions, in particular in the area of key technologies, and for more emphasis to be placed on cluster policies; |
|
140. |
Points out: that the roll-out of appropriate digital infrastructures and innovative technologies is a strategic element for increasing the competitiveness of EU regions and industries; that the ICT sector plays a key role in enhancing the productivity of other industrial sectors; that modern communication infrastructures with high transmission capacity should primarily be built in underserved regions; and that this could result in a favourable environment for public and private investment and, importantly, would help raise the digital literacy standard of business; |
*
* *
|
141. |
Instructs its President to forward this resolution to the Council, the Commission and the Member States. |
(1) Texts adopted, P7_TA(2010)0223.
(2) Texts adopted, P7_TA(2010)0209.
(3) OJ C 279 E, 19.11.2009, p. 65.
Thursday 10 March 2011
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/154 |
Thursday 10 March 2011
Media law in Hungary
P7_TA(2011)0094
European Parliament resolution of 10 March 2011 on media law in Hungary
2012/C 199 E/17
The European Parliament,
|
— |
having regard to Articles 2, 3, 6 and 7 of the Treaty on European Union (TEU), Articles 49, 56, 114, 167 and 258 of the Treaty on the Functioning of the European Union (TFEU), Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights (ECHR) relating to respect for and the promotion and protection of fundamental rights, in particular freedom of expression and information and the right to media pluralism, |
|
— |
having regard to Directive 2010/13/EU of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive – AVMSD), |
|
— |
having regard to the European Charter on Freedom of the Press of 25 May 2009, to the Commission’s working document on media pluralism in EU Member States (SEC(2007)0032), to the ‘three-step approach to media pluralism’ defined by the Commission, and to the independent study carried out on behalf of the Commission and finalised in 2009, |
|
— |
having regard to its resolutions of 22 April 2004 on the risks of violation in the European Union and particularly in Italy of freedom of expression and information (1), of 25 September 2008 on concentration and pluralism in the media in the European Union (2), and of 7 September 2010 on journalism and new media – creating a public sphere in Europe (3), |
|
— |
having regard to the statements by the Commission, to the parliamentary questions tabled and debates held in the European Parliament on 8 October 2009, regarding freedom of information in Italy, and on 8 September 2010, and to the discussions held in the joint meeting of the Committee on Civil Liberties, Justice and Home Affairs (LIBE Committee) and the Committee on Culture and Education (CULT Committee) on 17 January 2011 regarding the Hungarian media law, |
|
— |
having regard to the decision by the LIBE Committee to request the Fundamental Rights Agency to issue an annual comparative report on the situation with regard to media freedom, pluralism and independent governance in the EU Member States, including indicators, |
|
— |
having regard to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, in particular Articles 5(2), 7, and 11 thereof, |
|
— |
having regard to Rule 110(2) of its Rules of Procedure, |
|
A. |
whereas the European Union is founded on the values of democracy and the rule of law, as stipulated in Article 2 TEU, and consequently guarantees and promotes freedom of expression and of information, as enshrined in Article 11 of the Charter of Fundamental Rights and in Article 10 of the ECHR, and recognises the legal value of the rights, freedoms and principles as set out in the Charter of Fundamental Rights, which it has also demonstrated by acceding to the ECHR, for which media freedom and pluralism are essential prerequisites, and whereas these rights include freedom to express opinions and freedom to receive and communicate information without control, interference or pressure from public authorities, |
|
B. |
whereas media pluralism and freedom continue to be matters of grave concern in the EU and its Member States, notably in Italy, Bulgaria, Romania, the Czech Republic and Estonia, as highlighted by the recent criticism of the media law and constitutional changes enacted in Hungary between June and December 2010 which has been voiced by international organisations, such as the OSCE and the Council of Europe Commissioner for Human Rights, by a large number of international and national journalists’ organisations, by editors and publishers, by NGOs active in the areas of human rights and civil liberties, and by Member States and the Commission, |
|
C. |
whereas the Commission raised concerns and requested information from the Hungarian Government regarding the conformity of the Hungarian media law with the AVMSD and the acquis communautaire in general, notably in relation to the obligation to offer balanced coverage applicable to all audiovisual media service providers, and also questioned whether that law complied with the principle of proportionality and respected the fundamental right to freedom of expression and information enshrined in Article 11 of the Charter of Fundamental Rights, the country-of-origin principle and registration requirements, and whereas the Hungarian Government responded by providing further information and by commencing the process of amending the law to address the points raised by the Commission, |
|
D. |
whereas the OSCE expressed serious reservations regarding the scope of the Hungarian laws (material and territorial scope), freedom of expression and the regulation of content, the appointment of one person to act as the national media and telecommunications authority, and compliance with the principles governing public-service broadcasting (4), indicating that the new legislation undermined media pluralism, abolished the political and financial independence of the public-service media and cemented the negative features for the free media in the long term, and that the Media Authority and Media Council were politically homogeneous (5) and exerted pervasive and centralised governmental and political control over all media; whereas further concerns included the disproportionate and extreme penalties imposed for debatable and undefined reasons, the lack of an automatic procedure for suspending penalties in the event of an appeal to the courts against a Media Authority ruling, the violation of the principle of the confidentiality of journalistic sources and the protection of family values, |
|
E. |
sharing the serious reservations expressed by the OSCE in relation to the politically homogeneous composition of the Media Authority and Media Council, the timeframe, the exertion of a pervasive and centralised governmental, judicial and political control over all media, the fact that the most problematic features of the legislation contravene OSCE and international standards on freedom of expression, for example by doing away with the political and financial independence of public-service media, the scope of the regulation (material and territorial), and the decision not to define key terms, making it impossible for journalists to know when they may be breaking the law, |
|
F. |
whereas the Council of Europe Commissioner for Human Rights called on the Hungarian authorities, when reviewing the media law, to take account of Council of Europe standards on freedom of expression and media pluralism, the relevant recommendations of the Committee of Ministers and the Parliamentary Assembly of the Council of Europe, and, in particular, the binding standards set out in the ECHR and the case law of the European Court of Human Rights; whereas he referred to the use of unclear definitions which are open to misinterpretation, the establishment of politically unbalanced regulatory machinery with disproportionate powers which is not subject to full judicial supervision, threats to the independence of public-service broadcast media, and erosion of the protection of journalists’ sources; whereas he also stressed the need for all relevant stakeholders, including opposition parties and civil society, to be able to participate in a meaningful manner in the review of this legislation, which regulates such a fundamental aspect of the functioning of a democratic society (6), |
|
G. |
whereas, in a second opinion issued on 25 February 2011, the Commissioner for Human Rights recommends a ‘wholesale review’ of the Hungarian media law package, with the objectives, inter alia, of reinstating precise legislation promoting a pluralistic and independent media, and strengthening the guarantees that media regulatory mechanisms will be immune from political influence (7); whereas he further states that the media in Hungary must be able to perform their role as watchdog in a pluralistic democratic society and that in order to achieve this, Hungary should abide by its commitments as a member state of the Council of Europe and make the most of that organisation’s expertise in the fields of freedom of expression and media independence and pluralism, |
|
H. |
whereas the Hungarian media law should consequently be suspended as a matter of urgency and reviewed on the basis of the Commission’s, OSCE’s and Council of Europe’s comments and proposals, in order to ensure that it is fully in conformity with EU law and European values and standards on media freedom, pluralism and independent media governance, |
|
I. |
whereas, despite repeated calls by Parliament for a directive on media freedom, pluralism and independent governance, the Commission has up to now delayed this proposal, which has become increasingly necessary and urgent, |
|
J. |
whereas the Copenhagen criteria for EU membership, as established in June 1993 at the Copenhagen European Council, relating to freedom of the press and freedom of expression should be upheld by all EU Member States and enforced through relevant EU legislation, |
|
K. |
whereas, in paragraphs 45 and 46 of its judgment in joined Cases C-39/05 P and C-52/05 P, the Court of Justice has held that access to information enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a democratic system and that it ‘is a precondition for the effective exercise of citizens’ democratic rights’, |
|
1. |
Calls on the Hungarian authorities to restore the independence of media governance and halt state interference with freedom of expression and ‘balanced coverage’, and believes that over-regulation of the media is counterproductive, jeopardising effective pluralism in the public sphere; |
|
2. |
Welcomes the Commission’s cooperation with the Hungarian authorities to bring Hungarian media law into conformity with EU Treaties and law, and the commencement of the amending process at national level; |
|
3. |
Deplores the Commission’s decision to target only three points in connection with the implementation of the acquis communautaire by Hungary and the lack of any reference to Article 30 of the AVMSD, which has the effect of limiting the Commission’s own competence to scrutinise Hungary’s compliance with the Charter of Fundamental Rights when implementing EU law; urges the Commission to examine Hungary’s compliance with the liability arrangements laid down in Directive 2000/31/EC on electronic commerce and Hungary’s transposition of the EU framework decisions on combating certain forms and expressions of racism and xenophobia by means of criminal law (2008/913/JHA) and on combating terrorism (2008/919/JHA), which include references to freedom of expression and circumventions of the rules on media freedom; |
|
4. |
Calls on the Commission to continue the close monitoring and assessment of the conformity of Hungarian media law as amended in accordance with European legislation, particularly with the Charter on Fundamental Rights; |
|
5. |
Calls on the Hungarian authorities to involve all stakeholders in the revision of the media law and of the Constitution, which is the basis for a democratic society founded on the rule of law, with appropriate checks and balances to safeguard the fundamental rights of the minority against the risk of the tyranny of the majority; |
|
6. |
Calls on the Commission to act, on the basis of Article 265 TFEU, by proposing a legislative initiative pursuant to Article 225 TFEU on media freedom, pluralism and independent governance before the end of the year, thereby overcoming the inadequacies of the EU’s legislative framework on the media, making use of its competences in the fields of the internal market, audiovisual policy, competition, telecommunications, State subsidies, the public-service obligation and the fundamental rights of every person resident on EU territory, with a view to defining at least the minimum essential standards that all Member States must meet and respect in national legislation in order to ensure, guarantee and promote freedom of information and an adequate level of media pluralism and independent media governance; |
|
7. |
Calls on the Hungarian authorities to review the media law further on the basis of the comments and proposals made by the European Parliament, the Commission, the OSCE and the Council of Europe Commissioner for Human Rights, the recommendations of the Committee of Ministers and Parliamentary Assembly of the Council of Europe, and the case law of the European Court of Justice and the European Court of Human Rights and, in the event that it is found to be incompatible with the letter or spirit of the Treaties or EU law, the Charter of Fundamental Rights or the ECHR, to repeal and not to apply the law or those elements thereof that are found to be incompatible; |
|
8. |
Instructs its President to forward this resolution to the Council, the Commission, the Council of Europe, the governments and parliaments of Member States, the Fundamental Rights Agency, the OSCE and the Council of Europe. |
(1) OJ C 104 E, 30.4.2004, p. 1026.
(2) OJ C 8 E, 14.1.2010, p. 85.
(3) Texts adopted, P7_TA(2010)0307.
(4) Analysis and assessment of a package of Hungarian legislation and draft legislation on media and telecommunications, prepared by Dr Karol Jakubowicz for the OSCE.
(5) Letter of 14 January 2010 from the OSCE Representative on Freedom of the Media to the Chair of the Committee on Civil Liberties, Justice and Home Affairs.
(6) http://www.coe.int/t/commissioner/News/2011/110201Hungary_en.asp.
(7) https://wcd.coe.int/wcd/ViewDoc.jsp?id=1751289.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/158 |
Thursday 10 March 2011
Southern Neighbourhood, and Libya in particular, including humanitarian aspects
P7_TA(2011)0095
European Parliament resolution of 10 March 2011 on the Southern Neighbourhood, and Libya in particular
2012/C 199 E/18
The European Parliament,
|
— |
having regard to the United Nations General Assembly (UNGA) resolution of 1 March 2011 unanimously suspending Libya’s membership of the United Nations Human Rights Council (UNHRC), |
|
— |
having regard to United Nations Security Council (UNSC) Resolution 1970/2011 of 26 February 2011, |
|
— |
having regard to the Council decision of 28 February 2011 implementing the UNSC resolution and imposing additional restrictive measures on those responsible for the violent crackdown on the civilian population of Libya, |
|
— |
having regard to UNHRC Resolution S-15/2 adopted on 25 February 2011, |
|
— |
having regard to the suspension on 22 February 2011 of the negotiations on an EU-Libya Framework Agreement, |
|
— |
having regard to the recent statements on Libya and on north Africa by High Representative Catherine Ashton, |
|
— |
having regard to its previous resolutions on Libya, in particular that of 17 June 2010 on executions in Libya (1), and its recommendation of 20 January 2011 spelling out critical conditions concerning the negotiations on the EU-Libya Framework Agreement (2), |
|
— |
having regard to the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the Status of Refugees, |
|
— |
having regard to the African Charter on Human and Peoples’ Rights and its protocol on the establishment of an African Court on Human and Peoples’ Rights, as ratified by Libya on 26 March 1987 and 19 November 2003 respectively, |
|
— |
having regard to Rule 110(4) of its Rules of Procedure, |
|
A. |
whereas recent demonstrations in several Arab countries in northern Africa and the Middle East have called for an end to authoritarian regimes and for political, economic and social reforms, freedom, democracy and better living conditions for ordinary people; whereas the massive protests in numerous Arab countries have shown that undemocratic and authoritarian regimes cannot guarantee credible stability and that democratic values are central to economic and political partnerships, |
|
B. |
whereas protests against the Libyan regime started in the city of Benghazi on 15 February 2011 and spread throughout the country, reaching Al Bayda, Al-Quba, Darnah and Az Zintan, with protestors taking control of numerous towns, particularly in eastern Libya, |
|
C. |
whereas the protestors have been the targets of attacks of unprecedented violence by the Gaddafi regime, which has used the Libyan armed forces, militias and mercenaries and foreign fighters to violently crush the protests, including by indiscriminately using machine guns, snipers and military warplanes and helicopters against civilians; whereas this has resulted in a steeply increasing death toll and a large number of people being injured or arrested, |
|
D. |
whereas the violent and brutal reaction of the regime against the Libyan population has led not only to the defection of numerous soldiers, but also to the resignation of members of the regime, |
|
E. |
whereas according to the UNHRC more than 200 000 people have fled from Libya into neighbouring Tunisia, Egypt and Niger in recent days and hundreds of thousands more refugees and foreign workers face a desperate struggle to escape the conflict or leave Libya; whereas this is creating a humanitarian emergency that calls for a quick EU reaction, |
|
F. |
whereas following the adoption by consensus by the UNHRC at the 15th Special Session on 25 February 2011 of a resolution on the human rights situation in Libya, which condemns the gross and systematic human rights violations committed in Libya and points out that some of them may amount to crimes against humanity, the UNGA decided on 2 March 2011 to suspend Libya’s membership of the UNHRC, as recommended by the UNHRC itself, |
|
G. |
whereas in response to the UNSC Resolution on Libya of 26 February 2011, which stated that the situation should be referred to the International Criminal Court (ICC), on 3 March 2011 the ICC Prosecutor launched an investigation to look into the alleged crimes against humanity committed in Libya, including by Muammar al-Gaddafi and members of the regime; whereas UNSC Resolution 1970 imposes an arms embargo on the country and a travel ban and asset freeze on the Gaddafi family and the regime and, at the same time, authorises all UN Member States to seize and dispose of banned military-related equipment, |
|
H. |
whereas the Council decision of 28 February 2011 imposes additional restrictive measures, in particular a visa ban and an asset freeze, on those responsible for the violent crackdown on the civilian population in Libya, thereby implementing the UNSC resolution on Libya of 26 February 2011, |
|
I. |
whereas since the beginning of the revolt a number of world leaders have repeatedly called on Colonel Gaddafi to stand down, |
|
J. |
whereas on 22 February 2011 the Arab League suspended Libya and on 3 March 2011 its Secretary-General declared that the League might support a ‘no-fly’ zone in Libya in coordination with the African Union if fighting were to continue in Libya, |
|
K. |
whereas in a statement dated 5 March 2011 the Libyan Interim Transitional National Council (ITNC) called on the international community ‘to fulfil its obligations to protect the Libyan people from any further genocide and crimes against humanity without any direct military intervention on Libyan soil’, |
|
L. |
whereas, with effect from 22 February 2011, the EU has suspended the ongoing negotiations on the EU-Libya Framework Agreement and all cooperation contracts with Libya, |
|
M. |
whereas the EU has a vital interest in a democratic, stable, prosperous and peaceful North Africa; whereas recent events in Libya, Egypt and Tunisia have highlighted the urgent need for a revision of the EU’s external policy towards the Mediterranean region, |
|
N. |
whereas the extraordinary European Council meeting on Friday, 11 March 2011 is expected to examine thoroughly the report of the High Representative and the Commission on the rapid adaptation of EU instruments and the report of the High Representative on support for the transition and transformation processes, |
|
1. |
Expresses its solidarity with the Libyan people, and in particular with the young Libyans who have been a driving force for democracy and for regime change, applauds their courage and determination, and strongly supports their legitimate democratic, economic and social aspirations; |
|
2. |
Condemns in the strongest terms the blatant and systematic violations of human rights in Libya, and in particular the violent repression of peaceful pro-democracy protesters, journalists and human rights defenders by the Gaddafi regime; deeply deplores the resulting considerable loss of life and the high number of injuries; extends its condolences to the families of the victims; condemns the incitement to hostility against the civilian population explicit in the statements made by Muammar al-Gaddafi and his son Saif al-Islam, the highest representatives of the regime; |
|
3. |
Calls for an immediate end to the brutal dictatorial regime of Colonel Gaddafi and calls on him to stand down immediately in order to prevent further bloodshed and to allow a peaceful political transition to take place; calls on the Libyan authorities to stop the violence immediately and allow a peaceful resolution of the situation, in keeping with the legitimate expectations of the Libyan people; calls on the Libyan authorities to respect human rights and international humanitarian law, lift all restrictions on freedom of expression, including through the internet, and grant immediate access to the country to independent human rights observers and the foreign media; |
|
4. |
Fully endorses UNSC Resolution 1970, which condemns the gross and systematic human rights violations in Libya and calls for the situation to be referred to the ICC, whilst imposing an arms embargo on the country and a travel ban and asset freeze on the family of Muammar al-Gaddafi; emphasises that the perpetrators of the attacks against civilians are individually criminally liable under international law, that they must be brought to justice and that there can be no impunity; strongly supports the launching by the ICC Prosecutor of an investigation into the alleged crimes against humanity committed by Muammar al-Gaddafi and members of his regime; |
|
5. |
Notes that the EU has been the first to implement the sanctions imposed by the UNSC and that the EU measures go further, imposing separate sanctions; welcomes the Council decision to prohibit trade with Libya in equipment that might be used for internal repression, as well as the extension of the list of persons covered by the asset freeze and visa ban; calls for constant assessments of the effectiveness of the sanctions; |
|
6. |
Stresses that any measures should embrace all Libyan assets, including the sovereign wealth funds managed by the Libyan Investment Authority; calls for the freezing of assets to include the proceeds of oil and gas sales; calls on the Council and the Member States to disclose full details of all assets frozen; welcomes, in this context, discussions on further EU sanctions, including a freeze of the assets of Libyan companies with ties to the Gaddafi regime; |
|
7. |
Welcomes the Council decision of 28 February 2011 to ban the supply to Libya of arms, ammunition and related equipment; calls on the Council, in that connection, to verify whether there have been breaches of the EU Code of Conduct on arms exports and to adopt stringent measures to ensure that the code is fully respected by all the Member States; calls on the High Representative to explore the option of enforcing the embargo by using air and naval CSDP assets; |
|
8. |
Fully supports the UNHRC decision to dispatch an independent international commission of inquiry to Libya to investigate violations of international human rights law and the UNGA decision of 2 March 2011 to suspend Libya's membership of the UNHCR; |
|
9. |
Calls on the EU and the international community to take every possible measure to isolate Gaddafi and his regime completely, both nationally and internationally; |
|
10. |
Stresses that the EU and its Member States must honour their Responsibility to Protect, in order to save Libyan civilians from large-scale armed attacks; points out that no option provided for in the UN Charter can therefore be ruled out; calls on the High Representative and the Member States to stand ready for a UNSC decision on further measures, including the possibility of a no-fly zone aimed at preventing the regime from targeting the civilian population; emphasises that any measures enacted by the EU and its Member States should be in compliance with a UN mandate and be based on coordination with the Arab League and the African Union, encouraging both organisations to steer international efforts; |
|
11. |
Calls on the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy to establish relations with the Interim Transitional National Council and to start the process of making them official, so as to encourage transition towards democracy, ensuring the involvement of a wide spectrum of representatives of the Libyan society and empower women and minorities in the transitional process, and to support it in the liberated area so as to relieve the population and to meet its basic humanitarian needs, including medical assistance; |
|
12. |
Urges the EU to contribute to democratic reforms and the establishment of rule of law institutions in Libya by providing support to develop free media and independent civil society organisations, in particular democratic political parties, so that democratic elections can take place in the future; |
|
13. |
Is deeply concerned at the growing humanitarian crisis, as more than 200 000 migrants are fleeing the violence in Libya, many of them remaining stuck at the border between Libya and Tunisia and others being stranded in refugee camps in Tunisia, Egypt and Niger; calls on the current and future Libyan authorities to grant access to the country to humanitarian organisations and guarantee the safety of humanitarian personnel; |
|
14. |
Encourages the Council, the Commission and the High Representative to make all necessary financial and human resources available to support a robust international humanitarian operation, assisting the UNHCR and other relevant humanitarian agencies in providing protection and emergency assistance to all those in need; welcomes the measures taken and funds deployed so far by Commissioner Georgieva and ECHO and the humanitarian assistance provided by some Member States to meet this challenge; appeals to the EU and the Member States to supply air and maritime transportation to help repatriate or resettle migrants, asylum seekers and refugees from Libya, in keeping with international law and relevant European Union legislation, and to provide financial support in response to the joint UNHCR-IOM (International Organisation for Migration) appeal, issued on 3 March 2011; |
|
15. |
Calls on the Commission to ensure that all the necessary measures, including adequate financial, human and technical resources, are in place to guarantee that the EU can respond appropriately in the event of any mass migratory movement, in accordance with Article 80 TFEU; |
|
16. |
Recalls that in the 2007 Joint Africa-EU Strategy EU and African leaders pledged to take the necessary measures to ensure that illegally acquired assets, including funds, are investigated and returned to their countries of origin; urges the Member States to act accordingly, and in compliance with the UN Convention Against Corruption, in order to ensure that frozen assets are returned to the Libyan people in the future; stresses that coordinated EU action is necessary to implement the freezing of assets held by the Gaddafi family and known associates in Europe or in European financial institutions operating in any tax havens, ensuring that EU banks observe due diligence requirements with respect to any potentially illicit funds transferred from Libya; |
|
17. |
Emphasises that mercenary activities are a threat to international peace and security and a crime against humanity and must therefore be stopped; calls on the Council and the High Representative to issue firm warnings discouraging any governments from sending mercenaries, military personnel or military equipment in support of the repression of the Libyan people by the Gaddafi regime; |
|
18. |
Welcomes the convening of an extraordinary European Council on the developments in Libya and in the Southern Neighbourhood on 11 March 2011; calls on the High Representative and the Member States to devise a comprehensive and coherent strategy for the humanitarian and political response to the situation in Libya; |
|
19. |
Calls on the High Representative to start preparations for EU involvement in and support for the Southern Neighbourhood, with specific reference to the development of the rule of law, good governance and the constitutional and electoral prerequisites for stable, pluralistic and peaceful democracy in the region; calls on the High Representative to make full use of all relevant EU external financial instruments; |
|
20. |
Takes the view that the revolutionary changes in north Africa and the Middle East have made it clear that the EU's positive impact and long-term credibility in that region will depend on its ability to conduct a cohesive common foreign policy that is value-based and clearly sides with the new democratic forces; reiterates its call for the EU to revise its democracy and human rights support policy so as to create an implementation mechanism for the human rights clause in all agreements with third countries; |
|
21. |
Reiterates its request to be closely involved in the work of the task force established to coordinate the EU response to the crisis in Libya and elsewhere in the Mediterranean region; |
|
22. |
Stresses once more that events in Libya, and in other countries in the region, have highlighted the urgent need to develop more ambitious and effective policies and instruments, and to strengthen their budgetary basis, in order to encourage and support political, economic and social reforms in the EU's Southern Neighbourhood; stresses that the ongoing strategic review of the European Neighbourhood Policy (ENP) must reflect current developments in north Africa and must come up with new, improved ways of meeting the needs and aspirations of its peoples; insists that the review of the ENP must prioritise criteria relating to the independence of the judiciary, respect for fundamental freedoms, pluralism and freedom of the press and the fight against corruption; calls for better coordination with the Union’s other policies vis-à-vis the countries involved; |
|
23. |
Endorses the view that the Union for the Mediterranean must adapt to the new era and circumstances and reflect and act on recent events, in order to put forward proposals on how best to promote democracy and human rights in its Member States and in the region, including Libya, and on possible reforms, in order to make its own role stronger, more coherent and more effective; |
|
24. |
Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the UN Security Council and General Assembly, the UNHRC, the League of Arab States, the African Union, the Union for the Mediterranean, the governments of Libya’s neighbouring countries and the Interim Transitional National Council. |
(1) Texts adopted, P7_TA(2010)0246.
(2) Texts adopted, P7_TA(2011)0020-
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/163 |
Thursday 10 March 2011
EU approach towards Iran
P7_TA(2011)0096
European Parliament resolution of 10 March 2011 on the EU's approach towards Iran (2010/2050(INI))
2012/C 199 E/19
The European Parliament,
|
— |
having regard to its previous resolutions on Iran, including its resolution of 8 September 2010 on the human rights situation in Iran, in particular the cases of Sakineh Mohammadi Ashtiani and Zahra Bahrami (1), of 10 February 2010 on the situation in Iran (2), and of 22 October 2009 on Iran (3), |
|
— |
having regard to its resolution of 7 October 2010 on the World Day against the Death Penalty (4), |
|
— |
having regard to the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Covenant on the Elimination of All Forms of Racial Discrimination and the Covenant on the Rights of the Child, to all of which Iran is a party, |
|
— |
having regard to the joint statement by the European Union (EU) and the United States of America (USA) of 8 February 2010 calling on the Iranian Government to fulfil its human rights obligations, |
|
— |
having regard to the statement of EU High Representative Catherine Ashton (hereafter referred to as the High Representative) of 24 September 2010 on ‘outrageous and unacceptable’ remarks made by the Iranian President Mahmoud Ahmadinejad at the UN General Assembly, |
|
— |
having regard to the EU Declaration on Non-Proliferation of Weapons of Mass Destruction adopted during the Thessaloniki European Council of 19 and 20 June 2003 and the EU Strategy against Proliferation of Weapons of Mass Destruction of 10 December 2003, |
|
— |
having regard to the statement of 23 September 2010 by the High Representative’s spokesperson condemning the bombing in Mahabad, Iran, |
|
— |
having regard to the report on the implementation of the European Security Strategy (ESS) entitled ‘Providing Security in a Changing World’, adopted by the European Council on 12 December 2008, |
|
— |
having regard to the High Representative’s statement of 22 September 2010 on behalf of the E3+3 on an early negotiated solution to the Iranian nuclear issue, |
|
— |
having regard to the High Representative’s declaration of 12 August 2010 on behalf of the European Union on the sentencing of 7 Baha'i leaders, |
|
— |
having regard to the statement of 16 July 2010 by the High Representative’s spokesperson condemning the attacks in Iran, |
|
— |
having regard to the Council conclusions of 22 March 2010 on free access to information in Iran, |
|
— |
having regard to the High Representative’s statement of 6 July 2010 on imminent executions in Iran, |
|
— |
having regard to the High Representative’s declaration of 12 June 2010 on behalf of the European Union on ‘the gravely deteriorated human rights situation in Iran since the Presidential elections of June 2009’, |
|
— |
having regard to data from the Statistical Centre of Iran on the increase in Iran's unemployment rate in the spring of 2010 to 14,6 %, with the number of unemployed estimated at over 3,5 million, |
|
— |
having regard to the fact that Iran is a party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and as such has foresworn the acquisition of nuclear weapons and is legally bound to declare all its nuclear activities, including nuclear material, and place them under International Atomic Energy Agency (IAEA) safeguards, |
|
— |
having regard to the IAEA declaration of 27 September 2005 to the effect that Iran was failing to comply with its obligations under the NPT, |
|
— |
having regard to the fact that enrichment suspension and other requirements have been successively affirmed in six United Nations Security Council resolutions (1696, 1737, 1747, 1803, 1835 and 1929) as preconditions for Iran’s rights under the NPT to be restored, |
|
— |
having regard to IAEA Director General Yukiya Amano's statement in his quarterly report to the Board of Governors on 18 February 2010 that ‘Iran is not implementing the requirements contained in the relevant resolutions of the Board of Governors and the Security Council’, |
|
— |
having regard to the IAEA's proposal for an agreement to provide nuclear fuel to the Tehran Research Reactor in exchange for low-enriched uranium from Iran's stocks, and to the bridging proposal sponsored by the governments of Turkey and Brazil in an attempt to build confidence and facilitate negotiations between Iran and the E3+3, as well as Iran and the Vienna Group, |
|
— |
having regard to UN Security Council (UNSC) Resolution 1929 (2010) introducing new restrictive measures against Iran imposing a fourth round of sanctions on Iran over its nuclear programme, |
|
— |
having regard to the Council conclusions on Iran of 26 July 2010 and to the Council's adoption of a set of restrictive measures to be imposed on Iran in the areas of trade, financial services, energy and transport, and of a regulation extending the list of entities and individuals subject to an assets freeze, |
|
— |
having regard to the additional sanctions on Iran announced by the US, Japan, Canada and Australia, |
|
— |
having regard to the European Union's long-standing commitment to work for a diplomatic solution to the Iranian nuclear issue, |
|
— |
having regard to Rule 48 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Foreign Affairs (A7-0037/2011), |
|
A. |
whereas the Islamic Republic of Iran (hereafter referred to as Iran) is facing an array of governance challenges – from power struggles between competing factions within the country’s ruling elites to a crippling social and economic malaise, a problematic regional security environment and rising popular discontent at home – many of which are products of the Iranian regime’s own making, |
|
B. |
whereas political developments in Iran following the disputed presidential elections of June 2009, widely considered as fraudulent, have shown that there is a great potential for people-led, democratic change in the country, spearheaded by its vibrant and active society; notes that the reformists have become most commonly identified with the Green Movement that took shape during the mass protests against President Ahmadinejad’s re-election, |
|
C. |
whereas Iran’s security forces – the Revolutionary Guard, Basij militia and police – have responded with a severe crackdown, arbitrarily arresting thousands of peaceful protesters and dissidents, including students and academics, women’s rights activists, trade unionists, lawyers, journalists, bloggers, clerics and prominent human rights defenders, in a clear effort to intimidate critics and stifle dissent; whereas the judiciary have staged mass show trials of hundreds of prominent reformers and activists, resulting in the sentencing of some to lengthy prison terms and even to death, |
|
D. |
whereas, since President Ahmadinejad's election in 2005, the Iranian Revolutionary Guard Corps has used funds accumulated since the 1980s to purchase state enterprises and businesses privatised through the Tehran Stock Exchange, |
|
E. |
whereas the fundamental human rights of Iranians – the right to life, to freedom of expression and association and to be free from arbitrary arrest, detention and torture and from all forms of discrimination – continue to be violated with impunity, |
|
F. |
whereas Iran ranks amongst the most ‘wired’ nations in the Middle East, making it the third largest blogosphere in the world after the United States and China; whereas it is not by accident that telecommunications and the Internet have been routinely disrupted since the June 2009 elections, |
|
G. |
whereas Iran still retains the death penalty and is one of the three countries in the world where most executions are carried out; whereas Iran holds the record for the highest number of juvenile offenders executed; whereas Iran still applies the death penalty by stoning, which runs contrary to the Second Optional Protocol to the International Covenant on Civil and Political Rights, |
|
H. |
whereas numerous Iranians have been executed for political reasons, countless remain in prison, and hundreds have been forced to flee the country in fear of their lives and/or indefinite detention, interrogation and torture, |
|
I. |
whereas human rights bodies inside Iran (e.g. the Islamic Human Rights Commission and the Article 90 Commission) are allied to the government and remain largely insignificant, |
|
J. |
whereas Iran’s nuclear programme has a history of concealment, which over time has eroded the credibility of Iran’s claims that the programme is only for peaceful purposes, |
|
K. |
whereas Iran has still to comply with its obligations under all relevant UNSC resolutions, the most recent of which is Resolution 1929 (2010), and all the requirements of the IAEA Board of Governors, which specify full and unconditional access by the Agency to all sites, equipment, people and documents that would allow for proper inspection of Iran's nuclear purposes and would enable the IAEA to fulfil its role as nuclear watchdog, |
|
L. |
whereas some of the policies of the Iranian Government pose a threat to stability and peace in the region; whereas Israel and the Gulf region in particular feel intimidated by Iran’s aggressive and targeted rhetoric, its ongoing nuclear programme, and its support for Hezbollah and Hamas; whereas, on the other hand the stabilising influence which Iran could potentially regain would be beneficial to the entire region, provided that it normalises its international relations, in particular with its neighbours, dispels once and for all the concerns regarding the real aims of its nuclear programme and guarantees respect for human rights and democracy, |
|
M. |
whereas Iran has hosted two generations of Afghan refugees in the country, which have benefitted from basic health and education services; whereas in 2010 more than one million registered Afghans were residing in Iran; whereas Iran has received only limited international support in this area, |
|
N. |
whereas Iran ranks among the world's top three holders of proven reserves of both oil and natural gas, |
|
O. |
whereas there has been a remarkable deepening of relations between Iran and Turkey; whereas Iran is using its state and non-state allies Syria, Hezbollah and Hamas, and also the Muslim Brotherhood, to destabilise the region, |
|
P. |
whereas Article IV of the NPT notes the inalienable right of all parties to that treaty to develop research, production and use of nuclear energy for peaceful civilian purposes without discrimination and in conformity with Articles I and II of the treaty, |
Internal situation
|
1. |
Notes with concern the internal political situation, in particular as regards democracy; notes also the aspirations for democratic change of the Iranian people, in particular the younger generation, and deeply deplores the fact that the Iranian Government and Parliament are apparently incapable of responding to the justifiable demands of Iranian citizens; stresses that popular discontent with the Iranian Government as a result of the grave socio-economic situation combined with an absence of liberty and of basic respect for human dignity within Iran represents the main challenge to the regime’s survival; |
|
2. |
Underlines that democratic change cannot be imposed from outside or even by military means but has to be achieved through a peaceful democratic process; expresses its admiration for the courage of the tens of thousands of Iranians who continue to risk their professional careers and lives by calling for greater freedom and more democratic rights in the Islamic Republic of Iran; |
|
3. |
Points out that, although President Ahmadinejad was elected in 2005 on a platform of social justice and economic populism, Iran’s domestic problems have continued to worsen despite burgeoning oil prices; deplores, therefore, Mr Ahmadinejad’s aim of shoring up his political position at home by embracing a radical international agenda with the expectation that a stridently anti-Western, anti-Israeli stance will enhance Iran’s leadership position in the Muslim world; |
|
4. |
Observes that previous Iranian mass movements were based on a dual quest for welfare and liberty, and that these remain unfulfilled promises of the 1979 revolution; points out that economic shortcomings such as inflation, corruption, high unemployment, energy shortages, an inefficient state sector and the waste of public funds have increased drastically over the last years; |
|
5. |
Notes that the reformist movement covers a spectrum of intellectual trends and political agendas ranging from a wish to gradually modernise Iran’s governmental institutions to the aim of thoroughly overhauling the regime; |
|
6. |
Expresses its solidarity with the millions of Iranians who have taken to the streets since the June 2009 presidential elections in the hope of political change in Iran; |
|
7. |
Strongly condemns the illegal detention of Iranian opposition leaders Mir Hossein Mousavi and Mehdi Karroubi together with their wives by Iranian security forces and calls for their immediate and unconditional release; points out that the detention was carried out in violation of Iranian law; condemns the attitude of the Iranian authorities to the opposition exercising its legitimate right to protest and declares its solidarity with the Iranian people in their democratic aspirations; deplores the hypocrisy of the Iranian government, which used excessive force, intimidation, and arbitrary arrests against peaceful demonstrators demonstrating in solidarity with Egyptian people on 14 February 2011, whilst claiming to support freedom in Egypt; |
|
8. |
Strongly rejects the regime’s condemnation of protesters and opponents following the 2009 elections as ‘enemies of Allah’ (‘muharib’), who, in accordance with Islam, should receive the severest of punishments; concludes that, while during the Shah’s reign criticism of the regime was considered a crime, under the current regime it is tantamount to a sin against Islam; |
|
9. |
Warns that the development of an increasingly prominent role for the Iranian Revolutionary Guard Corps (IRGC) in Iranian society, in military, political and economic respects, raises fears of further militarisation of the state; expresses its deepest concern at the fact that such tendencies might result in an escalation of violence and oppression against political opponents; |
|
10. |
Is gravely concerned about the major role played by the Student Basij Organisation (SBO) in Iranian society in controlling and suppressing student dissent, under central IRGC control, and points out that Iran’s student movement has been one of the most prominent actors in the struggle for democracy, freedom and justice; |
Human rights
|
11. |
Urges Iran to put an end to all forms of discrimination in the country; is concerned by the discrimination and political and social repression affecting women in particular in Iran; calls on the Iranian authorities to stop discriminating against people on the basis of their sexual orientation; denounces the inhumane and medieval practice of sentencing people to death for alleged offences pertaining to choice of partners or sexual practices; |
|
12. |
Is appalled to learn that, according to annual reports on the death penalty in Iran, the number of executions in 2009 was the highest for the past 10 years, making Iran the country with the highest number of executions per capita in the world; calls upon Iran to issue official statistics concerning the application of the death penalty; calls on Iran to abolish definitively the death penalty for crimes committed before the age of 18 and to amend its legislation, which violates the international human rights conventions that Iran has ratified, including the Convention on the Rights of the Child and the ICCPR; calls on the Iranian authorities, in accordance with UN General Assembly Resolutions 62/149 and 63/138, to institute a moratorium on executions pending the abolition of the death penalty; underlines the fact that the EU institutions need to exert constant pressure on Iran in this respect; |
|
13. |
Firmly condemns the execution of Dutch-Iranian national Zahra Bahrami in Tehran on 29 January 2011; is dismayed that the Iranian authorities denied consular access to Ms Bahrami and did not ensure a transparent and fair judicial process; |
|
14. |
Takes note of the Iranian authorities’ claim to be against racial discrimination, but stresses that Iran’s ethnic minorities lament the economic underdevelopment of the provinces where they are in a majority; condemns the numerous terrorist attacks carried out by Jundullah in Sistan and Baluchistan since its establishment in 2003; at the same time, asks for concrete evidence in support of the official Iranian claim that Jundullah is supported by the American and British intelligence services; |
|
15. |
Expresses profound consternation at the fact that Iran continues to be one of the very few countries, together with Afghanistan, Somalia, Saudi Arabia, Sudan and Nigeria, which still practise stoning; calls on the Iranian Parliament to pass legislation outlawing this cruel and inhuman form of punishment; |
|
16. |
Urges the Iranian authorities to put an end, in law and in practice, to all forms of torture and other cruel, inhuman or degrading treatment or punishment and to uphold the due process of law and end impunity for human rights violations; in particular, calls on the Iranian Parliament and judiciary to abolish such cruel and inhuman punishments as limb amputation, stoning and flogging, which are inconsistent with Iran's international obligations; firmly rejects the notion promoted by the Iranian judicial authorities that such punishments are culturally justified; |
|
17. |
Recalls the widespread – and justifiable – cries of ‘Where is my vote?’ by Iranian demonstrators on 13 June 2009 with reference to their conviction that there had been widespread fraud in the previous day's elections, which will remain a stain on President Ahmadinejad’s second term of office; |
|
18. |
Is appalled by the fact that shooting into demonstrating crowds was considered acceptable by the security forces from the night of 15 June 2009 onwards, as shown in video footage; is deeply concerned by the stepping up of repression one year after the popular uprising in Iran, including the reports of arbitrary arrests, torture, ill-treatment and executions of political dissidents; condemns the efforts of the Iranian Government to silence all political opposition, as well as its attempts to avoid all international scrutiny of the violations that occurred during the post-election unrest; urges the EU institutions to present to the Iranian authorities a detailed list of all known incidents/violent actions against Iranian civilians in the aftermath of the election and insist that there be an independent international investigation, whose findings should be made public; |
|
19. |
Calls on the Iranian authorities immediately to free all those detained for peacefully exercising their rights to free expression, association and assembly, and to investigate and prosecute government officials and members of the security forces responsible for the killing, abuse and torture of family members of dissidents, demonstrators and detainees; |
|
20. |
Insists that in any future negotiations with Iran, the High Representative should make the situation of human rights in the country a top priority; calls on the Commission to implement all the instruments at its disposal for the protection and promotion of human rights in Iran; urges it in particular to devise additional measures in the context of the European Instrument for Democracy and Human Rights in order to actively protect human rights defenders; stresses that facilitating the provision of shelter to human rights defenders and access to organisational resources and communication platforms is of particular importance; encourages the Member States to support the European Shelter City Programme and programmes to develop measures against media interception technology; |
|
21. |
Deplores the fact that Iranian husbands can claim that their adulterous relationships are in fact lawful temporary marriages, whereas married women accused of adultery cannot secure a reprieve in this way; deplores also the fact that Article 105 of the Penal Code of the Islamic Republic enables a judge to sentence an adulterer to stoning based only on his ‘knowledge’, as well as the fact that Iran tries to limit international knowledge of its brutality by not announcing stoning verdicts publicly; |
|
22. |
Condemns the systematic harassment of labour activists carried out by the Iranian authorities, contrary to the pledges Iran made during the United Nations Universal Periodic Review process to respect the social and economic rights of its citizens and their right to freedom of expression; urges the Iranian authorities to release all arrested labour activists and respect the right of trade union activists and teachers to participate in International Workers’ Day (1 May) and National Teachers’ Day (2 May); calls on the Iranian Government to respect workers’ basic rights, as laid down under international labour standards; |
|
23. |
Condemns the campaign of dismissals of prominent university professors on political grounds as an intolerable attack on their human rights and academic freedom; believes that these policies will further politicise and debase Iranian universities, long a source of national pride and an object of admiration for scholars around the world; calls on the Iranian authorities to take immediate steps to restore academic freedom in the country; |
|
24. |
Deplores the fact that, contrary to the Constitution, members of religious minorities endure discrimination in housing, education and official jobs, which is leading young members of these minorities to opt for emigration; condemns in particular the systematic persecution of the Baha'i community, the wave of arrests of Christians in 2009, and the harassment of religious dissidents, converts and Sufi and Sunni Muslims; reiterates its call for the release of the seven Baha'i leaders and calls on the Iranian Parliament to change Iranian legislation so as to ensure that all adherents of different beliefs in Iran, whether or not recognised by the Constitution, can follow their convictions free from persecution and be guaranteed equal rights under the law and in practice; |
|
25. |
Notes that the position of Iranian NGOs worsened considerably in the wake of the protests following the controversial presidential election of 12 June 2009; strongly criticises the fact that all international contacts or financial support for NGOs in Iran are systematically exploited by the authorities in an attempt to discredit these organisations and their work; |
|
26. |
Expresses grave concern over the numerous executions of minors and the public stonings of women carried out every year despite international appeals for Iran to abide by human rights standards; |
|
27. |
Calls for the re-establishment of a UN mandate for a Special Rapporteur to investigate human rights abuses and seek to ensure accountability for those perpetrating human rights violations in Iran; urges the Iranian authorities to react positively to longstanding requests by several UN Special Rapporteurs (e.g. on extrajudicial, summary or arbitrary executions; torture; freedom of religion or belief; independence of judges and lawyers) for official visits to Iran; |
|
28. |
Deplores the fact that, contrary to the UN Basic Principles on the Role of Lawyers, the situation of lawyers in Iran has deteriorated considerably since the presidential election of June 2009, as the Iranian authorities are resorting to oppressive methods (e.g. arrests, disbarments, violation of freedom of expression, unwarranted tax investigations and other financial pressure) to prevent lawyers from practising their profession freely; |
|
29. |
Regrets the fact that the situation of human rights defenders, including human rights lawyers and women’s rights defenders, who are especially targeted, is deteriorating; is deeply concerned by the fact that human rights defenders have suffered various attacks and been subjected to unfair trial and are being deterred from making use of their constitutional rights; calls for the immediate release of all those human rights defenders and prisoners of conscience who are still imprisoned; |
|
30. |
Calls on the Islamic Republic of Iran to sign, ratify and implement the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW); |
|
31. |
Supports the ‘One Million Signatures Demanding Changes to Discriminatory Laws’ campaign, which aims to collect one million signatures in support of changes to discriminatory laws against women in Iran; urges the Iranian authorities to put an end to acts of harassment, including by the judicial authorities, against members of this campaign; |
|
32. |
Urges the Iranian Government to improve women's rights, so as to recognise the crucial role women play in society, and to respect Iran's commitments within the framework of the International Covenant on Civil and Political Rights; reiterates its call to the Iranian Parliament to pass legislation outlawing the cruel and inhuman practice of stoning; calls on the High Representative to pay particular attention to women's rights in Iran and to raise the cases of Sakineh Mohammadi Ashtiani and Zahra Bahrami with the Iranian authorities; |
|
33. |
Stresses that representatives of EU institutions should develop contacts with representatives of a broad range of Iranian political and social organisations, including prominent Iranian human rights defenders; calls on the Commission and the Member States to increase support for grassroots activities and people-to-people contacts; |
|
34. |
Condemns the repression by the Iranian authorities of the independent media, including the censorship of video and photographic materials, in order to limit access to, and the flow of, communications and information; is extremely concerned at the fact that the arbitrary administration of justice in Iran results in strong (self-)censorship by the media; urges official representatives of the EU and its Member States to remind Iran of its international obligation to uphold media freedom; calls on the EU and its Member States, when meeting their Iranian counterparts, to insist on the re-opening of the many forcibly closed daily newspapers, as well as the release of political prisoners, and to present lists of names in both cases; condemns the practice of expulsion of foreign correspondents by the Iranian Government, including reporters from major European newspapers; welcomes the launch of a Euronews Farsi language service; |
|
35. |
Expresses concern about the repression of cultural, musical and artistic expression through censorship, prohibition, as well as the repression of artists, musicians, film directors, writers and poets; |
|
36. |
Calls for impunity to be brought to an end in Iran through the establishment of an independent judicial review procedure inside the country or referral through the UN Security Council to institutions that operate under international law, such as the International Criminal Court; |
|
37. |
Welcomes steps taken by several Member States to provide shelter to those Iranian human rights defenders, dissidents, journalists, students, women, children and artists who are persecuted for their religious beliefs, opinions, sexual orientation, or other aspects of the exercise of their human rights; |
The nuclear dossier
|
38. |
Reiterates, notwithstanding Iran's right to develop nuclear energy for peaceful purposes under the rules of the non-proliferation regime, that the proliferation risks in connection with the Iranian nuclear programme remain a source of serious concern to the European Union and to the international community, as expressed very clearly in many UNSC resolutions; |
|
39. |
Calls on the Iranian authorities to fulfil Iran’s obligations under the NPT; calls forcefully on Tehran to ratify and implement the Additional Protocol to the Safeguards Agreement; condemns Iran’s continuing refusal to fully cooperate with the IAEA, obstructing the IAEA’s work, denying full and unconditional access to key facilities and objecting to the appointment of inspectors; |
|
40. |
Stresses, furthermore, the fact that, in accordance with a central tenet of the NPT, Iran has the right to enrich uranium for peaceful purposes and to receive technical assistance for the same objectives; |
|
41. |
Supports the Council’s twin-track approach aimed at finding a negotiated and peaceful solution to the nuclear stand-off, and commends it on its new common position of 26 July 2010 introducing new and far-reaching targeted autonomous measures applicable to Iran; regrets the fact that Iran was not prepared to accept the offers on the table at the latest round of P5+1 talks with Iran hosted in Istanbul, and the subsequent collapse of those talks; remains convinced, however, that the EU should devise a broader strategy towards Iran which goes beyond the nuclear issue and also addresses Iran's human rights situation and its regional role; |
|
42. |
Recalls that the issue of its nuclear programme pits Iran against the entire United Nations, not just against ‘the West’; |
|
43. |
Notes that additional sanctions are the logical consequence of Iran’s lack of full cooperation with the IAEA; calls on the High Representative and the EU Member States to assess all mechanisms for enforcing implementation of the EU common position – especially with regard to export licensing, customs and border controls, air cargo and shipping – in order to prevent Iran from evading the sanctions regime and to be able to make a realistic evaluation of whether or not sanctions produce the anticipated results; reiterates its position that these measures should not negatively affect the general population; welcomes in this context the US decision to impose targeted sanctions on Iranian officials deemed to be responsible for or complicit in serious human rights abuses in Iran since the disputed presidential election of June 2009; calls on the Council to adopt similar measures; |
|
44. |
Believes that renewed efforts are needed worldwide to rid the globe of the threat of nuclear weapons; welcomes President Obama's appeal for nuclear disarmament and calls on the High Representative to make this issue one of her priorities, both in her dealings with Member States and in her contacts with governments in the Middle East and Asia; |
|
45. |
Calls on the Commission, Council and EU Member States to assess trade relations with Iran beyond sanctions, with the goal of limiting human rights violations through the export of technologies meeting European standards, including mobile phones, communication networks, (dual-use) technologies, surveillance technologies and software for Internet scanning and censorship and data mining, including personal data, to Iran; asks the Commission to table a proposal for a regulation on a new licensing system if this review suggests that legislative action is needed; |
|
46. |
Calls on the Commission and Council to take immediate steps to ban the export of surveillance technology (especially monitoring centres) by EU companies to Iran; |
|
47. |
Calls on the European Council to expand the list of Iranian individuals with links to Iran’s nuclear and ballistic programmes and their attendant procurement networks; calls on the relevant authorities to move quickly to freeze their assets and prevent them from entering EU territory and using EU jurisdictions to conduct any activity related to those programmes; |
|
48. |
Calls on the High Representative to keep the Iranian nuclear dossier and the human rights of the Iranian people high on the agenda, and on Iran to engage in meaningful negotiations with a view to securing a comprehensive and long-term settlement of the nuclear issue; |
External relations
|
49. |
Condemns in the strongest possible terms the desire expressed by Iranian President Ahmadinejad to ‘wipe out’ Israel and his anti-Semitic rhetoric, especially his denial of the Holocaust and his underlying agenda of delegitimising the Israeli state; reaffirms its full support for the existence of Israel and a two-state solution for Palestine; |
|
50. |
Calls on the Council and the Commission to closely monitor the situation in the Gulf region and to do their utmost to promote peace and stability in this region; |
|
51. |
Recognises Turkey’s role as an influential regional actor and commends its joint efforts with Brazil to bring about a negotiated settlement of the Iranian nuclear issue; notes with regret, however, that the terms of the tripartite agreement of 17 May 2010 only partially meet the requirements laid down by the IAEA; calls on the Turkish authorities to follow the European approach towards the Iranian nuclear threat; encourages Turkey to include the human rights situation in its dialogue with Iran; |
|
52. |
Underlines the fact that Russia has been one of the major suppliers of modern weapons and enriched uranium to Iran; welcomes the decision by the Russian Federation this year to halt the sale of the S-300 to Iran and its support for the UN sanctions against Iran over its nuclear programme; calls forcefully on Russia to stop any kind of weapons proliferation and uranium exports to Iran, so that the effectiveness of the sanctions against Iran and the fulfilment of the NPT requirements may be ensured; |
|
53. |
Encourages the High Representative to enhance transatlantic coordination and complementarity regarding Iran and to consult on action towards Iran with the permanent members of the UN Security Council and all relevant global and regional partners sharing concerns on Iran; |
|
54. |
Takes note of the EU’s and Iran’s shared interest in securing peace and stability in Afghanistan; welcomes the constructive role being played by Iran in refurbishing infrastructure and reviving the economy, as well as in preventing drug trafficking from Afghanistan; stresses, however, that sustainable peace and stability in Afghanistan will require all neighbours to refrain from political interference in the country; |
|
55. |
Calls on the High Representative to open an EU delegation in Tehran, now that the European External Action Service has taken over responsibility from the rotating Presidency for representing the European Union in third countries; |
|
56. |
Calls on the Commission and the Council to encourage Iran to play a constructive role with regard to the future development of Afghanistan, and emphasises the shared goals of the EU and Iran as regards the stability of Afghanistan and taking effective action to combat opium production and drug trafficking; |
*
* *
|
57. |
Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the EU Member States and the government and parliament of the Islamic Republic of Iran. |
(1) Texts adopted, P7_TA(2010)0310.
(2) OJ C 341 E, 16.12.2010, p. 9.
(3) OJ C 265 E, 30.9.2010, p. 26.
(4) Texts adopted, P7_TA(2010)0351.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/172 |
Thursday 10 March 2011
16th session of the United Nations Human Rights Council (Geneva, 28 February - 25 March 2011)
P7_TA(2011)0097
European Parliament resolution of 10 March 2011 on the priorities of the 16th Session of the UN Human Rights Council and the 2011 review
2012/C 199 E/20
The European Parliament,
|
— |
having regard to the Universal Declaration of Human Rights, to the European Convention on Human Rights, and to the EU Charter of Fundamental Rights, |
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— |
having regard to its previous resolutions on the United Nations Human Rights Council (UNHRC), in particular its resolution of 25 February 2010 on the 13th Session of the United Nations Human Rights Council (1), and of 14 January 2009 on the development of the new Human Rights Council, including the role of the EU (2), as well as those of 16 March 2006 on the outcome of the negotiations on the Human Rights Council and on the 62nd Session of the UN Commission on Human Rights (3), of 29 January 2004 on the relations between the European Union and the United Nations (4), of 9 June 2005 on the reform of the United Nations (5), of 29 September 2005 on the outcome of the United Nations World Summit of 14-16 September 2005 (6) and of 16 December 2010 on the annual report on Human Rights in the World 2009 and the European Union’s policy on the matter (7), |
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— |
having regard to its urgent resolutions on human rights and democracy, |
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— |
having regard to United Nations General Assembly Resolution A/RES/60/251 establishing the Human Rights Council, |
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— |
having regard to the previous regular and special sessions of the UNHRC, as well as previous rounds of the Universal Periodic Review (UPR), |
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— |
having regard to the 16th Session of the UNHRC and to the eleventh round of the UPR to be held from 2 to 13 May 2011, |
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— |
having regard to the review of the UNHRC taking place during 2011, |
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— |
having regard to the institutional changes brought about by the entry into force of the Treaty of Lisbon, particularly the establishment of the European External Action Service and the High Representative of the Union for Foreign Affairs and Security Policy, |
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— |
having regard to Articles 2, 3(5), 18, 21, 27 and 47 of the Treaty on European Union in the version thereof resulting from the Treaty of Lisbon, |
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— |
having regard to Rule 110(4) of its Rules of Procedure, |
|
A. |
whereas respect for, and the promotion and safeguarding of, the universality of human rights is part of the European Union’s ethical and legal acquis and one of the cornerstones of European unity and integrity (8), |
|
B. |
whereas the European Union and its Member States should guarantee respect for human rights in their own policies, so as to strengthen and make credible the European Union’s position in the UNHRC, |
|
C. |
whereas the UNHRC is a unique platform specialising in universal human rights and a specific forum dealing with human rights within the UN system; whereas it is entrusted with the important task and responsibility of strengthening the promotion, protection and respect of human rights around the globe, |
|
D. |
whereas the review of the UNHRC is following two tracks, with the status of the body being discussed in New York, and the procedures in Geneva; whereas, at the same time, all international actors have to work for the elimination of double standards and the avoidance of selectivity and politicisation in the consideration of human rights issues, |
|
E. |
whereas issues of sovereignty and domestic jurisdiction can no longer be used to shield states from scrutiny on their human rights records, |
|
F. |
whereas the European Union should act as a global player in the context of the UN generally and the UNHCR specifically, and a new approach embodied in the new European External Action Service (EEAS) should be instrumental in helping the Union to act more effectively and recognisably to meet and address global challenges in a coherent, consistent and efficient manner, |
|
G. |
whereas a Directorate for Human Rights and Democracy was set up within the EEAS, |
|
H. |
whereas a delegation from the Subcommittee on Human Rights of the European Parliament will travel to Geneva during the 16th Session of the UNHRC, as has been the case in previous years for the sessions of the UNHRC and, before that, for the UNHRC’s predecessor, the UN Commission on Human Rights, |
|
1. |
Underlines the importance of the 16th Session of the UNHRC and particularly the UNHRC review process, which provides for a unique opportunity to assess how the Council has implemented its mandate and presents an occasion for the Council to enhance its methods of work in order to be more efficient and systematic responses to human rights violations; welcomes the fact that the HRC review has appointed two co-facilitators, Morocco and Liechtenstein, to the process; |
|
2. |
Welcomes the fact that on the agenda of the 16th regular Session are, among others, reports on the ‘Rights of persons belonging to national or ethnic, religious and linguistic minorities’, and on the ‘Promotion and protection of human rights and fundamental freedoms while countering terrorism’, as well as extensive meetings on the rights of the child; |
|
3. |
Welcomes this year’s nominations of Special Rapporteurs on these key topics, and takes note of the reports to be presented by the Special Rapporteurs on torture and other cruel inhuman or degrading treatment or punishment, on freedom of religion or belief, and on the situation of human rights defenders; calls on the EU Member States to contribute actively to these debates; |
|
4. |
Welcomes the new Directorate for Human Rights and Democracy and supports the establishment of a Brussels-based EU Council Working Group on Human Rights (COHOM) that would include human rights experts from all 27 EU Member States, as Brussels is better placed for monitoring EU policies, and which will help to organise multilateral work in relation to bilateral work; |
|
5. |
Supports the appointment of a high-level EU Special Representative for Human Rights and stresses again the necessity of the human rights and democracy country strategies; |
|
6. |
Stresses the importance of the EU’s holding common positions on issues to be discussed during the 16th Session, and invites EU Member States to reinforce the EU practice of putting across ‘one message, but with many voices’ which has worked well in recent years in, for example, EU initiatives against the death penalty; |
The work of the Human Rights Council
|
7. |
Reiterates its call on EU Member States to actively oppose any attempt to undermine the concept of the universality, indivisibility and interdependence of human rights, and to encourage the UNHRC to pay equal attention to discrimination based on all grounds, including gender, disability, racial or ethnic origin, age, sexual orientation, and religion or belief; |
|
8. |
Recalls the importance of the interdependence of civil-political and economic, social and cultural rights; asks for the consideration of water and sanitation as a fundamental right to improve human living conditions; |
|
9. |
Is concerned that the greatest obstacle to the UNHRC taking up its mandate more effectively is the ‘bloc politics’ which often dominates, and its impact on the selection of countries and situations receiving UNHRC attention; reiterates the view that the UNHRC’s ability to address country situations effectively and in a timely and adequate manner is central to its authority and credibility; |
|
10. |
Believes the UNHRC should be better equipped to address both chronic and emergency situations, perhaps through the expansion of the human rights ‘toolbox’, by using panels not just during but also in between sessions, and by bringing sessions to regions away from Geneva; regrets that on several occasions the UNHRC has been unable to address serious human rights situations in an urgent and timely manner because of the absence of adequate instruments, and supports the idea of independent ‘triggers’; actively seek the creation of dedicated UNHRC mechanisms to respond promptly to the human rights crises like in the Middle East and North Africa, Iran and Belarus; |
|
11. |
Welcomes the attempts within the UNHRC to put together a cross-regional working group on the situation in Belarus; urges the UNHRC to make a statement strongly condemning gross violations of human rights in the country and the repression of democratic opposition and ordinary citizens following the presidential elections on 19 December 2010 and to adopt a resolution on the matter; |
|
12. |
Welcomes the initiative of the US to introduce a country resolution on Iran; calls upon the EU Member States to strongly support the instalment of a Special Mechanism regarding Iran; calls upon the High Representative and the EEAS to coordinate the cooperation between the EU and the United States on human rights issues of common concern, while the EU should act fully independently in order to be effective and credible; |
|
13. |
Welcomes the sending of a High-level UN human rights mission to Tunisia from 27 January to 2 February 2011 and strongly encourages full implementation of its recommendations; reiterates its call for the setting up of an independent international commission of inquiry to investigate all the alleged human rights violations relating to the post-17 December 2010 events; |
|
14. |
Supports the sending of a mission of the OHCHR to Egypt to assess the overall human rights situation following the change in the country’s leadership; |
|
15. |
Welcomes the adoption by consensus of a resolution on the human rights situation in Libya in the 15th Special Session on 25 February 2011 which condemns the gross and systematic human rights violations committed in Libya, pointing out that some of them may amount to crimes against humanity; calls for the dispatching of an independent international commission of inquiry to Libya to investigate all alleged violations of international human rights law in the country and strongly supports its recommendation to suspend Libya’s membership of the UNHRC; welcomes in this respect the General Assembly’s decision of 1 March 2011 to suspend Libya’s membership of the UNHRC; |
|
16. |
Supports the opening of the regional office of the OHCHR in the Mediterranean region; |
|
17. |
Welcomes the holding, on the initiative of Nigeria and the United States, of the 14th Special Session on the situation of human rights in Cote d’Ivoire in relation to the conclusion of the 2010 presidential election, which condemned human rights violations and called on all parties to fully respect human rights and fundamental freedoms and the rule of law; reiterates its support for the outcome of elections as recognised by the UN and calls on all actors to recognise the authority of Alassane Ouattara as elected president; supports the decision of the African Union to set up a panel of Heads of State to bring about a peaceful and negotiated settlement to the post-election crisis in Ivory Coast; |
|
18. |
In view of the reports by the Special Rapporteurs on the situation of human rights in the Democratic People’s Republic of Korea (DPRK), and on the human rights situation in Myanmar/Burma, restates its call for the EU to publicly support the establishment of UN commissions of inquiry to assess human rights violations in these countries and to assess to what extent these constitute crimes against humanity; regrets the lack of cooperation of the DPRK with the Special Rapporteur and requests the extension of the mandate of the Special rapporteur for Myanmar/Burma; |
|
19. |
Urges the EU to pro-actively contribute and support, at the upcoming UNHRC session, a resolution relating to the report on follow-up of the committee of independent experts to the international fact-finding mission on the Gaza conflict, in order to ensure accountability for the violations of international law and support a referral to the GA and to International Justice mechanisms in the event of Israel and Palestinian parties failing to comply with their obligation to carry out investigations according to international standards; further calls on the High Representative to actively monitor compliance with the findings of the ‘Follow-up to the report of the international fact-finding mission on the incident of the humanitarian flotilla’, ensuring principles of accountability and liability are upheld; underlines in this respect that human rights aspects have to be first discussed within the EU-Israel Association Council and the EU-PA Joint Committee; is particularly concerned by the fact that the conclusions of the EU-Israel Association Council of 21 February 2011 do not reflect the EU position on this matter; |
|
20. |
Welcomes the statements by the UN High Commissioner for Human Rights on her first visit to the occupied Palestinian territory and Israel and, in particular, the strong message that she conveyed with her criticism of Israeli settlement policy, and that ‘international human rights law and international humanitarian law are not negotiable’; underlines the importance of a peaceful democratisation of the Middle East; |
|
21. |
Regrets that while membership criteria for the UNHRC as established by General Assembly Resolution 60/251 implies full cooperation with the body, the current practice of voluntary pledges has had very disparate and inadequate results; reiterates therefore that all members should have effective standing invitations to Special Procedures as a minimum threshold for membership, in addition to a solid record of commitment to human rights; stresses the importance of a truly competitive environment in the election process; calls for the abolition of the possibility for regional groups to present a predetermined slate of candidates for UNHRC membership; |
|
22. |
Calls on the EU Member States and the EEAS to actively engage in the 2011 review of the UNHRC to strengthen compliance with its mandate; stresses that the UNHRC should be more of an early warning and preventive mechanism and that the expertise of Special Procedures should be used for this purpose; reiterates that there is a need for a transparent and all-inclusive review process, taking into account the views of NGOs, civil society and all other relevant stakeholders; calls on the EEAS to keep the Subcommittee on Human Rights of the European Parliament informed on the state of play of the review; |
|
23. |
Reiterates its position that the review should preserve the independence of the Office of the High Commissioner for Human Rights (OHCHR) and opposes any attempts to change the status of the OHCHR which could impact negatively on the funding and consequently on its independence; welcomes the recent appointment of a UN Assistant Secretary General on Human Rights who leads the OHCHR office in New York; considers that this new office will help strengthen contact, dialogue and transparency between the UN General Assembly and the other UN entities, including the Security Council and the OHCHR; underlines the need to ensure sufficient funding to keep regional and field OHCHR offices open, so that they may be able to continue their work on the ground; |
|
24. |
Insists on the safeguarding and strengthening of the Special Procedures and on the guaranteeing of the possibility for the UNHRC to address specific human rights violations through country resolutions and country mandates; stresses the importance of the indivisibility of human rights, whether social, economic, cultural, civil or political; notes with concern that the Complaints Mechanism, a unique universal victim-oriented mechanism, has produced little in the way of outcome in relation to the large number of submissions it has received; underlines the need to address this issue in the UNHRC review; |
Universal Periodic Review (UPR)
|
25. |
Recognises the added value of the UPR as a shared experience for all governments, which submits all UN members to equal treatment and scrutiny despite the fact that the countries have to voluntarily accept to be submitted and to follow up the recommendations; points out that by December 2011 all United Nations Member States will have been reviewed under this mechanism; |
|
26. |
Insists that it is essential to maintain a space for civil society in the UNHRC in order to enhance civil society participation in the dialogue, opening up new opportunities for non-governmental organisations (NGOs) to enter into dialogue within particular States; |
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27. |
Supports further involvement of NGOs in the UPR by allowing the submission of written recommendations for consideration by the Working Group and participation in its deliberations; |
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28. |
Takes note of the possibility the UPR offers for States to commit to implementing their human rights obligations, and following up on the conclusions of treaty bodies and Special Procedures; |
|
29. |
Reaffirms the fact that recommendations should be more results-oriented and calls for more involvement by independent experts and national human rights institutions in the UPR to ensure it is an effective follow-up mechanism; considers that independent expertise can be brought into the UPR process by having experts observe the review process and present a summary and analysis of the UPR during the adoption of the final report; |
|
30. |
Regrets that the first cycle of the review of certain countries has not lived up to the expectations of a transparent, non-selective and non-confrontational process; acknowledges in this regard the role EU Member States have played in trying to break through the ‘bloc mentality’; encourages EU Member States to provide technical assistance to help the recommendations to be implemented; |
|
31. |
Calls on EU Member States to continue to engage in the review of the UNHRC, to ensure there is no gap between the first and second cycles of the UPR, and to ensure the second cycle focuses on the implementation and follow-up of recommendations; supports the view that States submitted to the UPR should provide clear responses to each recommendation and timetables for implementation of the Working Group’s recommendations; notes that the submission of a mid-term report on the status of implementation may contribute to this process; |
Special Procedures
|
32. |
Restates that Special Procedures lie at the core of the UN human rights machinery, and that the credibility and effectiveness of the UNHRC in the protection of human rights rests on cooperation with Special Procedures and their full implementation; stresses, in this context, that strengthening the independence and interactivity of the Special Procedures with the Council is fundamental; |
|
33. |
Condemns attempts to undermine the independence of Special Procedures by putting governments in an oversight position over the Special Procedures; stresses that any sort of control would politicise and damage the effectiveness of the system; |
|
34. |
Reiterates that the Special Procedures on country situations are an essential instrument for improving human rights on the ground; stresses that due to crucial elements like their periodicity and the expertise they are based on, country mandates cannot be replaced by the UPR; |
|
35. |
Calls on EU Member States to defend the integrity and accountability of the UNHRC in the review by supporting the establishment of a follow up-mechanism on the implementation of recommendations of Special Procedures, in addition to the adoption of selection criteria and a more transparent appointments process based on the background, skills, qualifications and experience of nominees; endorses the proposal by NGOs to strengthen the early warning capacity of Special Procedures through a mechanism that allows them to trigger the automatic consideration of a situation by the UNHRC; |
EU involvement
|
36. |
Welcomes the participation of the EU HR/VP in the UNHRC 16th session; |
|
37. |
Insists on the EEAS, and notably the EU delegations in Geneva and New York, increasing the coherence, visibility and credibility of the EU’s action in the UNHRC by further developing cross-regional outreach and cooperation and especially on lobbying the moderate states in all groups; |
|
38. |
Reiterates in this regard its position concerning the concept of ‘defamation of religions’ and, while recognising the need to address fully the problem of discrimination against religious minorities, considers that the inclusion of this concept in the Protocol on complementary standards on racism, racial discrimination, xenophobia and all forms of discrimination is not appropriate; welcomes the side event organised by the EU delegation to commemorate the 25th anniversary of the establishment of the mandate of the Special Rapporteur on freedom of religion or belief; requests the EU to engage with the main sponsors of the resolution and other players to find an alternative to the resolution on defamation that will be presented; |
|
39. |
Supports the cross-regional statement that will be presented on the LGBTI rights; |
|
40. |
Reiterates its support for the EU’s active participation in the work of the UNHRC since its establishment, namely through sponsoring or co-sponsoring resolutions, issuing statements, and intervening in interactive dialogues and debates; recognises the commitments made by the EU to addressing country situations in the UNHRC and stresses the importance that these commitments be strongly implemented; |
|
41. |
Supports the joint initiative of EU and GRULAC (Latin American and Caribbean Group) for a resolution on children living and working on the street; |
|
42. |
Calls on EU Member States to do their utmost to preserve all special procedures mandates and calls in particular for the renewal of the mandate of the UN Special Rapporteur on the situation of human rights defenders; |
|
43. |
Regrets that as a side-effect of its efforts to seek consensus, the EU often appears to be lowering its ambitions, and believes the EU should be much bolder in putting forward and/or running with country resolutions; |
|
44. |
Notes with concern that the EU has been unable to exercise influence effectively within the wider UN system; stresses the need for the EU to make the HRC a priority and to coordinate better among the Member States, and calls on the Council to adopt guidelines in order to facilitate coordination and decision-making in this context, and to seek to build coalitions/allegiances with key regional partners and all moderate states in an effort to overcome the logic of blocs within the HRC; |
|
45. |
Draws attention, on a practical level, to the importance of having a larger, well-resourced EU Delegation in Geneva and New York; stresses that what happens in Geneva and New York must be an integral part of EU foreign policy, with a focus on improving internal coordination, and stresses, too, the need for good interplay between the bilateral and multilateral levels; |
|
46. |
Deplores the fact that the resolution tabled by the EU for the UN General Assembly in September 2010 with the aim of reinforcing its ‘status’ in order to be consistent with the new institutional arrangements arising from the Lisbon Treaty has been postponed; points out that this enhanced status would give the EU the possibility of being represented by a constant figure (the President of the European Council and/or the High Representative) and of speaking with one voice, and would raise the visibility and influence of the EU as a global actor; insists on the need to continue efforts made by the EEAS ‘special task force’ to promote the adoption of the resolution in close cooperation with the EU Member States; |
|
47. |
Mandates its delegation to the 16th Session of the UNHRC to voice the concerns expressed in this resolution; calls on the delegation to report to the Subcommittee on Human Rights regarding its visit, and considers it indispensable to continue sending a European Parliament delegation to relevant sessions of the UNHRC; |
|
48. |
Reiterates its call on the EU Member States to ensure that human rights are respected in their own internal policies in order to avoid double standards and in view of the current accession process of the EU to the European Convention on Human Rights (ECHR), as failure to do so fundamentally could weaken the EU’s position in the UNHRC; |
*
* *
|
49. |
Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the UN Security Council, the UN Secretary-General, the President of the 64th General Assembly, the President of the UN Human Rights Council, the UN High Commissioner for Human Rights and the EU–UN Working Group established by the Committee on Foreign Affairs. |
(1) OJ C 348 E, 21.12.2010, p. 6.
(2) OJ C 46 E, 24.2.2010, p. 71.
(3) OJ C 291 E, 30.11.2006, p. 409.
(4) OJ C 96 E, 21.4.2004, p. 79.
(5) OJ C 124 E, 25.5.2006, p. 549.
(6) OJ C 227 E, 21.9.2006, p. 582.
(7) Texts adopted, P7_TA(2010)0489.
(8) Articles 2, 3(5) and 6 of the Treaty on European Union.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/179 |
Thursday 10 March 2011
Pakistan - murder of Shahbaz Bhatti, Minister for Minorities
P7_TA(2011)0098
European Parliament resolution of 10 March 2011 on Pakistan, in particular the murder of Shahbaz Bhatti
2012/C 199 E/21
The European Parliament,
|
— |
having regard to its previous resolutions on human rights and democracy in Pakistan, in particular that of 20 January 2011 (1) as well as those of 20 May 2010 (2), 12 July 2007 (3), 25 October 2007 (4) and 15 November 2007 (5), |
|
— |
having regard to its resolution of 16 December 2010 on the Annual Report on Human Rights in the World 2009 and the European Union’s policy on the matter (6), |
|
— |
having regard to the Council Conclusions on intolerance, discrimination and violence on the basis of religion or belief, adopted on 21 February 2011, |
|
— |
having regard to the statement of 2 March 2011 by EU High Representative Catherine Ashton on the assassination of the Minister for Minorities in the Government of Pakistan, Mr Shahbaz Bhatti, |
|
— |
having regard to the statement by the President of the European Parliament, Jerzy Buzek, of 2 March 2011, |
|
— |
having regard to Article 18 of the 1948 Universal Declaration of Human Rights (UDHR), |
|
— |
having regard to the UN International Covenant on Civil and Political Rights (ICCPR), |
|
— |
having regard to the 1981 UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion and Belief, |
|
— |
having regard to Article 19 of the Pakistani Constitution on freedom of speech, |
|
— |
having regard to Rule 122(5) of its Rules of Procedure, |
|
A. |
whereas, on 2 March 2011, the Pakistani Minister for Minorities, Shahbaz Bhatti, was assassinated by armed men who opened fire on his car as he travelled to work in the capital Islamabad; whereas a group calling itself the Tehreek-e-Taliban Punjab (Taliban Movement Punjab) claimed responsibility for the killing and said that the minister had been killed for his stance on the blasphemy laws, |
|
B. |
whereas – in spite of repeated threats to the life of Mr Bhatti by Islamist groupings – he had his specific request for the use of a bulletproof official car as well as his own choice of trusted bodyguards refused by the Pakistani authorities, |
|
C. |
whereas Shahbaz Bhatti was the only Christian member of the Pakistani Cabinet and one of the country’s few leading politicians who had the courage to combat these laws and the injustices they have facilitated, |
|
D. |
whereas this assassination happened only two months after the murder of Salman Taseer, Governor of the Province of Punjab, by one of his own security guards, who disagreed with Taseer’s opposition to Pakistan’s blasphemy laws, |
|
E. |
whereas on 1 March 2011 a third prominent Pakistani human rights defender, Naeem Sabir Jamaldini, the Coordinator of the Human Rights Commission of Pakistan, was likewise assassinated, who was particularly active in combating the human rights violations in the Baluchistan region, |
|
F. |
whereas a fatwa was reportedly issued against Sherry Rehman, a former Pakistani minister, reformist politician and well-known journalist, calling her the next candidate for murder, |
|
G. |
whereas Minister Bhatti and Governor Taseer solely reiterated the stated position of the ruling Pakistan People’s Party; whereas when, on 30 December 2010, the Gilani Government publicly reneged on its manifesto commitment to review the blasphemy laws, it left supporters of reform isolated and vulnerable to continuous threats from radical religious leaders and militant extremist groups who intimidate, threaten and kill those with opposing views, |
|
H. |
whereas politicians, political parties and representatives of the media and civil society such as women’s and human rights activists are constantly intimidated, and even murdered, and whereas therefore public debate on the blasphemy laws is increasingly stifled, |
|
I. |
whereas Article 3(5) of the Treaty on European Union states that the promotion of democracy and respect for human rights and civil liberties are fundamental principles and aims of the European Union and constitute common ground for its relations with third countries; whereas EU development assistance is conditional upon respect for human rights and minority rights, |
|
1. |
Strongly condemns the brutal murder of Shahbaz Bhatti, Minister for Minorities in the Government of Pakistan, on 2 March 2011 and expresses its sincere condolences to the family and friends of the victim and to the people of Pakistan as well as its solidarity with all those who continue to be threatened and still raise their voice; |
|
2. |
Applauds Minister Shahbaz Bhatti’s courage and proven commitment to justice, interfaith dialogue and freedom of religion and belief in Pakistan, in addition to his concern over Asia Bibi, the Christian woman and mother of five children condemned to death for blasphemy, despite continuous threats and the enormous personal risks involved; |
|
3. |
Recognises Minister Shahbaz Bhatti’s dedication to combating the blasphemy laws and the injustice they have facilitated; recognises the progress made during his period as Minister, including significant, discreet negotiations on potential amendments to these laws; |
|
4. |
Notes that, contrary to the weak public reaction to Governor Salman Taseer’s assassination, there has been broad public condemnation of Minister Shahbaz Bhatti’s assassination across the relevant political divide, in the media and across the religious and ethnic spectrum of Pakistan’s society; hopes that this outrage will contribute to a closing of ranks amongst all those who seek to defend the democratic values enshrined in the Constitution of Pakistan; |
|
5. |
Urges the Pakistani authorities to conduct a thorough investigation into all aspects of Shahbaz Bhatti’s murder and bring all perpetrators of this crime rapidly to justice in accordance with the strict rule of law, as well as to ensure the swift and fair prosecution of the late Governor Salman Taseer’s killer; |
|
6. |
Calls on the Government of Pakistan to step up measures to ensure the security of cabinet ministers and persons under concrete threat from religious extremists and terrorists, such as former Information Minister Sherry Rehman and lawyers defending cases related to blasphemy accusations; |
|
7. |
Encourages the Government of Pakistan to appoint without delay a new minister for minorities and affirms its position that this person should be a strong and impartial minority representative; |
|
8. |
Encourages the Government of Pakistan to support the Ministry for Minorities in continuing the work and vision of Shahbaz Bhatti, in particular the national-level dialogue between religious leaders and the grassroots project on District Interfaith Harmony Committees; |
|
9. |
Urgently repeats its call on the Government of Pakistan, all political parties, civil society and the media to stand united and fight the extremist onslaught; hopes that the Government of Pakistan will represent in both its composition and actions the multi-ethnic and multi-religious composition of Pakistani society; |
|
10. |
Calls for an urgent and meaningful policy shift away from appeasement of such extremists to be supported by the military, the judiciary, the media and the political class alike, given that the status quo has produced such dramatic consequences; calls on the Government of Pakistan not to let voices in favour of religious tolerance and respect for universal principles of human rights in the country be silenced by extremists; |
|
11. |
Is deeply concerned about the climate of intolerance and violence and urges the Government of Pakistan to prosecute those inciting violence in Pakistan, in particular those calling for and, in some cases, offering rewards for the deaths of individuals and groups with whom they disagree, and to take further measure to facilitate debate on the issue; |
|
12. |
Commends particularly the efforts of former minister Sherry Rehman and the late Minister for Minorities, Shahbaz Bhatti, to amend the blasphemy laws in order to prevent their misuse and calls on the Government to repeal these laws as well as other discriminatory legislation, inter alia Section 295 B and C of the Penal Code, which are relics of the past; urges the Government of Pakistan as well to enforce existing legislation such as Article 137 of the Penal Code, which makes hate speech a crime; |
|
13. |
Calls on the competent EU institutions to include the issue of religious tolerance in society in its political dialogue with Pakistan, this matter being of central importance to the long-term fight against religious extremism; |
|
14. |
Suggests that the EU invite the Government of Pakistan to an annual joint round-table meeting on the situation of Pakistan’s minorities and to include the European Parliament in the preparation and realisation of such an event; |
|
15. |
Calls on the competent EU institutions to continue with financial support for human rights organisations and defenders, and to outline practical measures to support the civil society movement in Pakistan against the blasphemy laws and other discriminatory legislation; |
|
16. |
Welcomes the recent Council conclusions on intolerance, discrimination and violence on the basis of religion or belief, which refer to enhancing EU action in this field; calls on the competent EU institutions to actively pursue the issue of religious persecution in the world; |
|
17. |
Calls on the competent EU institutions to investigate the possibility of using the European Instrument for Democracy and Human Rights (EIDHR) in order to finance actions supporting the fight against religious intolerance, extremism and discriminatory laws worldwide; reiterates its call on the High Representative to develop a permanent capacity within the human rights directorate of the European External Action Service to monitor the situation of governmental and societal restrictions on freedom of conscience and related rights; |
|
18. |
Calls on the competent EU institutions to encourage the Government of Pakistan to re-establish a separate Ministry for Human Rights as well as a meaningful, independent and impartial National Human Rights Commission; |
|
19. |
Urges the competent EU institutions to insist that the Government of Pakistan uphold the democracy and human rights clause enshrined in the Cooperation Agreement between the European Union and the Islamic Republic of Pakistan; calls on the European External Action Service to present a report on the implementation of the Cooperation Agreement and the democracy and human rights clause; |
|
20. |
Recalls that Pakistan has certain obligations as a signatory state of the International Covenant on Civil and Political Rights and calls on Pakistan’s relevant authorities to engage in a process of reviewing the scope of the blanket reservations made to the ICCPR, some of which limit rights enshrined in the Constitution of Pakistan or are contrary to the notion of supremacy of international law over national law; believes that the way the blasphemy laws are currently implemented is in clear breach of these obligations and asks the EEAS to take this into account during the examination of a possible application of the GSP+ scheme to Pakistan from 2013 onwards, and report back to the EP on the matter; |
|
21. |
Instructs its President to forward this resolution to the Council, the European External Action Service, the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the Commission, the governments and parliaments of the Member States and the Government and Parliament of Pakistan. |
(1) Texts adopted, P7_TA(2011)0026.
(2) Texts adopted, P7_TA(2010)0194.
(3) OJ C 175 E, 10.7.2008, p. 583.
(4) OJ C 263, 16.10.2008, p. 666.
(5) OJ C 282 E, 6.11.2008, p. 432.
(6) Texts adopted, P7_TA(2010)0489.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/182 |
Thursday 10 March 2011
Belarus, in particular the cases of Ales Michalevic and Natalia Radina
P7_TA(2011)0099
European Parliament resolution of 10 March 2011 on Belarus (in particular the cases of Ales Mikhalevic and Natalia Radina)
2012/C 199 E/22
The European Parliament,
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— |
having regard to its previous resolutions on Belarus, in particular those of 20 January 2011 (1), 17 December 2009 (2) and 22 May 2008 (3), |
|
— |
having regard to the statement made in Brussels on 18 February 2011 by the EU High Representative, Catherine Ashton, on the conviction and sentencing of a Belarusian opposition representative, |
|
— |
having regard to the Council conclusions on Belarus adopted at the 3065th Foreign Affairs Council meeting in Brussels on 31 January 2011, |
|
— |
having regard to Council Decision 2011/69/CFSP of 31 January 2011 amending Council Decision 2010/639/CFSP concerning restrictive measures against certain officials of Belarus, |
|
— |
having regard to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture), to which Belarus is a state party, |
|
— |
having regard to the UN Standard Minimum Rules for the Treatment of Prisoners, |
|
— |
having regard to the Guidelines to EU policy towards third countries on torture and other cruel, inhuman or degrading treatment or punishment adopted in 2001 and reviewed in 2008, |
|
— |
having regard to Resolution 1790 (2011) of 27 January 2011 of the Parliamentary Assembly of the Council of Europe on the situation in Belarus in the aftermath of the presidential election, |
|
— |
having regard to the Amnesty International report of 2 February 2011 entitled ‘Security, Peace and Order? Violations in the wake of elections in Belarus’, |
|
— |
having regard to Rule 122(5) of its Rules of Procedure, |
|
A. |
whereas a large number of opposition figures, including former presidential candidates, journalists and human rights defenders, were arrested after the events of 19 December 2010 in Minsk and have remained imprisoned since then in the KGB detention centre; whereas acts of repression and politically motivated trials against opposition figures and human rights defenders continue to this day, with more than 40 persons now charged and facing prison terms of up to 15 years, |
|
B. |
whereas the Minsk City Prosecutor’s office has extended to five months the period of investigation of a so called ‘mass riot’ case connected to the events of 19 December 2010; whereas the trials of presidential candidates, opposition activists, human rights defenders and journalists instigated in connection with this case have been politically driven, |
|
C. |
whereas Aliaksandr Atroshchankau, Aliaksandr Malchanau, Dzmitry Novik, Vasil Parfiankou, members of the electoral campaign teams of democratic opposition candidates Uladzimir Niakliayeu and Andrei Sannikau, were sentenced to three to four years’ imprisonment in a high-security colony in connection with the demonstrations of 19 December 2010; whereas, as their lawyers have stated, the authorities failed to prove their guilt, |
|
D. |
whereas their lawyers have been repeatedly denied meetings with them; whereas, as a result of threats from the KGB, the lawyers were forced to withdraw from their cases, and whereas the Justice Ministry subsequently revoked their licences, |
|
E. |
whereas Ales Mikhalevic, a former presidential candidate imprisoned in the aftermath of the post-election protests, was only released on 26 February 2011 after signing a commitment to collaborate with the Belarusian KGB that he has since publicly renounced, |
|
F. |
whereas on 28 February 2011 Ales Mikhalevic issued a statement giving an account of the mental and physical torture to which the political prisoners were subjected in order to coerce them to confess and accept evidence of their guilt, |
|
G. |
whereas Natalia Radina, the editor of the opposition Charter 97 website, was also arrested in December 2010 and charged with organising and participating in mass unrest that followed the presidential elections; whereas Ms Radina was released from the KGB pre-trial detention centre and then forbidden to leave her home town until the investigation into her case is completed, |
|
H. |
whereas after her release Natalia Radina declared that during her detention KGB officers had subjected her to psychological pressure and attempted to recruit her as a KGB informant; whereas her statement corroborates the reports of political prisoners bring tortured in the KGB detention centre in Minsk, |
|
I. |
whereas the State Security Committee of Belarus has denied any use of torture against prisoners at the KGB detention centre, |
|
1. |
Condemns the lack of respect shown for the fundamental rights of freedom of assembly and of expression by the Belarusian authorities and calls for the immediate and unconditional release of all of the protestors detained and for all politically motivated charges brought against them to be dropped; |
|
2. |
Condemns in the strongest terms the use of torture against prisoners as a form of inhuman treatment that is unequivocally forbidden in international law and is absolutely unacceptable in a European country that is one of the EU’s closest neighbours; |
|
3. |
Condemns the severe sentences recently imposed on young opposition activists on the sole ground of having taken part in the 19 December 2010 demonstrations as a flagrant and serious breach of their political and civil rights and a flagrant violation of international conventions to which Belarus is a party; |
|
4. |
Denounces the climate of fear and intimidation faced by political opponents in Belarus; condemns the repression and harassment of civil-society activists and the free media which followed election day, including mass searches of private apartments and offices of media outlets and civil-society organisations, and expulsions from universities and work places; calls on the authorities to uphold freedom of expression and media pluralism in Belarus; |
|
5. |
Urges Belarus to uphold the rule of law, international conventions and national laws guaranteeing adequate treatment of prisoners and their unhindered access to relatives, legal counsel and medical care, and to bring an end to the ongoing harassment of political opponents, human rights activists and independent media; |
|
6. |
Condemns the decision taken by the Minsk City College of Lawyers to withdraw the licences of some of the lawyers of those accused in the criminal case brought on the charge of mass riot, including Aleh Ahiejev, Pavel Sapelko, Tatiana Ahijeva, Uladzimir Touscik and Tamata Harajeva, and calls on the Minsk City College of Lawyers to revoke that decision; |
|
7. |
Condemns the dismissal of Alyaksandr Pylchanka, the Chairman of the Minsk City Bar Association, by the Justice Minister, for expressing his concern about the ministry’s decision to revoke the licences of four lawyers involved in a so-called riot case as unfounded and as proof that there is a real threat to the independence of the judiciary and to the independence of every individual lawyer; |
|
8. |
Urges the Belarusian authorities to carry out a thorough and impartial investigation into allegations of torture of political prisoners and to identify and prosecute individuals involved in such practices; |
|
9. |
Calls on the Belarusian authorities to review the Law on Public Events and to bring it into line with the requirements of the International Covenant on Civil and Political Rights; |
|
10. |
Calls on the Council, the Commission, the EU High Representative and other EU partner countries to consider extending the restrictive measures to cover prosecutors, judges and KGB representatives connected to human rights abuses in Belarus unless the repression in that country is immediately brought to an end and considerable progress is made on human rights and fundamental freedoms; considers that the Council should examine the possibility of introducing smart and targeted economic sanctions on Belarusian government-owned companies; |
|
11. |
Welcomes the commitment made by nine more countries – namely Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Albania, Bosnia and Herzegovina, Serbia, Iceland, Liechtenstein and Norway – to apply restrictive measures against certain officials of Belarus; |
|
12. |
Reiterates that, unless the Belarusian Government takes immediate steps towards democratisation and upholding human rights, the process of engagement between the European Union and Belarus will be put on hold, including Belarus’s participation in the Eastern Partnership; |
|
13. |
Stresses that, despite the political consequences for EU-Belarus relations of the post-electoral clampdown on the opposition, the EU needs to intensify its assistance to Belarusian civil society, including in the form of visa facilitation; |
|
14. |
Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the parliaments and governments of the Member States, the Parliamentary Assemblies of the OSCE and the Council of Europe and the Parliament and Government of Belarus. |
(1) Texts adopted, P7_TA(2011)0022.
(2) OJ C 286 E, 22.10.2010, p. 16.
(3) OJ C 279 E, 19.11.2009, p. 113.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/185 |
Thursday 10 March 2011
Situation and cultural heritage in Kashgar (Xinjiang Uyghur Autonomous Region, China)
P7_TA(2011)0100
European Parliament resolution of 10 March 2011 on the situation and cultural heritage in Kashgar (Xinjiang Uyghur Autonomous Region, China)
2012/C 199 E/23
The European Parliament,
|
— |
having regard to previous resolutions on China, notably those concerning human rights and minority rights, and in particular those of 26 November 2009 (1) and 25 November 2010 (2), |
|
— |
having regard to the 13th EU-China Summit of 6 October 2010, held in Brussels, which included the first EU-China High-Level Cultural Forum aimed at strengthening EU-China cultural dialogue and cooperation, |
|
— |
having regard to the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, adopted by General Assembly resolution 47/135 of 18 December 1992, which stipulates that ‘[s]tates shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories’, |
|
— |
having regard to Articles 4, 22 and 119 of the Constitution of the People’s Republic of China, which provide for, respectively, governmental assistance in the cultural development of regions inhabited by minority nationalities, state protection of valuable cultural monuments and relics, and the protection of the cultural legacy of the nationalities, |
|
— |
having regard to Rule 122(5) of its Rules of Procedure, |
|
A. |
whereas in 2009 the Chinese Government announced a USD 500 million ‘Kashgar Dangerous House Reform’ programme of urban reconstruction, which, since 2009, has been progressively destroying the ancient Silk Road city of Kashgar, the plan beíng to demolish 85 % of the traditional Old City, replace it with modern apartment blocks, and convert the remaining old parts of the city into mixed Sino-Uyghur tourist sites, |
|
B. |
whereas Beijing continues to exclude the city of Kashgar from bids for United Nations Educational, Scientific and Cultural Organisation (UNESCO) world heritage status, such as the planned transnational application to achieve protection of several cultural sites on Central Asia’s Silk Road, |
|
C. |
whereas the city of Kashgar is an internationally significant site of unique architectural heritage with historical and geographical importance as an ancient centre of trade and tourism, |
|
D. |
whereas the city of Kashgar retains highly symbolic value for the cultural identity of the region’s Uyghur and Hui populations, as well as for China’s cultural diversity, |
|
E. |
whereas the reconstruction programme’s official justification of earthquake fortification does not necessitate complete demolition of traditional buildings, one other option being culturally sensitive renovation, |
|
F. |
whereas Beijing has engaged in destructive housing modernisation in other parts of China through its various local ‘development plans’, demolishing historic buildings and forcibly resettling residents without considering the loss of priceless historical and cultural heritage and without giving priority to the preservation - in protected areas or in museums - of relics or principal building artefacts and architecture in order to pass on to future generations, and to the world, objects illustrating the thousands of years of Chinese historical and cultural development, |
|
G. |
whereas Beijing is continuously implementing repressive ethnocultural policies in the Xinjiang Uyghur Autonomous Region (XUAR), which reached a grim peak during the violent crackdown on Uyghur protesters in 2009’s Urumqi unrest, |
|
H. |
whereas the Uyghur and Hui population suffer ongoing violations of their human rights and whereas many are denied adequate political representation and cultural self-determination, |
|
1. |
Calls on the Chinese Government to immediately stop the cultural destruction threatening Kashgar’s architectural survival and to carry out a comprehensive expert inquiry into culture-sensitive methods of renovation; |
|
2. |
Calls on the Chinese Government to end all forced resettlement and social marginalisation of Kashgar’s Uyghur population, which is being caused by the destruction of residential areas, and to adequately compensate all previous victims for the losses suffered; |
|
3. |
Calls on the Chinese authorities to make every effort to develop a genuine Han-Uyghur dialogue, to adopt more inclusive and comprehensive economic policies in Xinjiang aimed at strengthening local ownership, and to protect the cultural identity of the Uyghur population; |
|
4. |
Urges the Chinese Government to adhere to its constitutional obligations by adequately supporting Kashgar’s and XUAR’s cultural traditions, which are strongly influenced by the Uyghur identity; |
|
5. |
Calls on the Chinese authorities to take more measures to prevent illegal trade and smuggling activities, which contribute to the loss of Chinese civilisations’ heritage; |
|
6. |
Calls on the Chinese Minister of Culture to review the existing regulation and law on the protection of cultural relics in order to adapt the current changing lifestyle of the minority ethnic group which sometimes, unaware of its treasures, makes inappropriate use or declines protection of its cultural heritage; states that an educational campaign at national level on this issue should be promoted; |
|
7. |
Urges the Chinese Government to assess the possibility of including the city of Kashgar in the joint application with Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan for the Silk Road’s UNESCO world heritage designation; |
|
8. |
Calls on the Chinese Government to stop all discriminatory and repressive policies towards the Uyghur and Hui populations, and to respect their fundamental right to freedom of cultural expression, having regard in particular to Tursunjan Hezim, a former history teacher, who, after a secret trial, has been sentenced to seven years in jail, and also other activists who have been sentenced in recent months; |
|
9. |
Calls on the European External Action Service to devise additional measures in the context of the European Instrument for Democracy and Human Rights in order to protect the human and cultural rights of China’s ethnic, religious and linguistic minority groups; |
|
10. |
Calls on EU representatives and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy to increase and intensify talks on human rights and minority rights with the People’s Republic of China, and to make the human rights dialogue more effective and results-oriented; |
|
11. |
Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the Secretary-General of the United Nations, the United Nations Human Rights Council, UNESCO, the National People’s Congress (and its Standing Committee) of the People’s Republic of China and the XUAR Regional Party Standing Committee. |
(1) OJ C 285 E, 21.10.2010, p. 80.
(2) Texts adopted, P7_TA(2010)0449.
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/187 |
Thursday 10 March 2011
Establishing European statutes for mutual societies, associations and foundations
P7_TA(2011)0101
Declaration of the European Parliament of 10 March 2011 on establishing European statutes for mutual societies, associations and foundations
2012/C 199 E/24
The European Parliament,
|
— |
having regard to its resolution of 19 February 2009 on social economy (1), |
|
— |
having regard to its resolution of 20 May 2010 on delivering a single market to consumers and citizens (2), |
|
— |
having regard to Rule 123 of its Rules of Procedure, |
|
A. |
whereas society’s wealth and stability derive from its diversity of entrepreneurship, and whereas associations, mutual societies and foundations contribute to that diversity by providing a distinctive business model based on core values, namely solidarity, democratic supervision and preferring social objectives over gain, |
|
B. |
whereas, while associations, mutual societies and foundations have so far developed in a primarily national context, they need to improve cross-border access in order to maximise their entrepreneurial potential in the EU, |
|
1. |
Notes that there is a need to create a ‘level playing field’ that provides associations, mutual societies and foundations with instruments and opportunities equivalent to those available to other organisational legal structures, thereby giving a European dimension to their organisation and activities; |
|
2. |
Calls on the Commission to take the necessary steps to introduce proposals for European statutes for associations, mutual societies and foundations, to propose a feasibility study and an impact assessment for the statutes for associations and mutual societies, and to complete the impact assessment for the statute for foundations in due course; |
|
3. |
Instructs its President to forward this declaration, together with the names of the signatories (3), to the Commission, the Council and the governments and parliaments of the Member States. |
(1) OJ C 76 E, 25.3.2010, p. 16.
(2) Texts Adopted, P7_TA(2010)0186.
(3) The list of signatories is published in Annex 1 to the Minutes of 10 March 2011 (P7_PV(2011)03-10(ANN1)).
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/188 |
Thursday 10 March 2011
Heavy goods vehicle collisions
P7_TA(2011)0102
Declaration of the European Parliament of 10 March 2011 on heavy goods vehicle collisions
2012/C 199 E/25
The European Parliament,
|
— |
having regard to Rule 123 of its Rules of Procedure, |
|
A. |
whereas heavy goods vehicles (HGVs) make up 3 % of the EU vehicle fleet, but give rise to 14 % of fatal collisions, amounting to more than 4 000 annual fatalities in the 27 Member States of the European Union, |
|
B. |
whereas in Europe every year, some 400 people, mostly unprotected road users such as cyclists, motorcyclists and pedestrians, are killed because of HGV ‘blind spots’, |
|
C. |
whereas many of these fatalities could be avoided by the full installation of mirrors or increasingly cheap camera-monitor devices, active warning systems, advanced emergency braking and lane departure warning systems, |
|
D. |
whereas significant and dangerous blind spots remain around HGVs despite the increased visibility requirements of Directives 2003/97/EC and 2007/38/EC for newly registered HGVs and HGVs in circulation respectively, |
|
E. |
whereas the 2007 requirements are weaker than those of 2003 and have been insufficiently implemented by Member States, despite the EU’s aspiration to cut road fatalities by half, |
|
1. |
Urges the Commission to speed up its evaluation of Directive 2007/38/EC and to revise it in order to align it with technological advancement and with the latest indirect vision equipment requirements for newly registered trucks, so as to ensure an optimum level of safety; |
|
2. |
Urges the Commission to ensure that no exemptions are provided to the mandatory fitting of advanced emergency braking systems and lane departure warning systems in accordance with General Safety Regulation (EC) No 661/2009; |
|
3. |
Instructs its President to forward this declaration, together with the names of the signatories (1), to the Council and the Commission. |
(1) The list of signatories is published in Annex 2 to the Minutes of 10 March 2011 (P7_PV(2011)03-10(ANN2)).
II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Parliament
Tuesday 8 March 2011
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/190 |
Tuesday 8 March 2011
Request for the waiver of parliamentary immunity of Elmar Brok
P7_TA(2011)0075
European Parliament decision of 8 March 2011 on the request for waiver of the immunity of Elmar Brok (2010/2283(IMM))
2012/C 199 E/26
The European Parliament,
|
— |
having regard to the request for waiver of the immunity of Elmar Brok, forwarded by the German authorities on 28 September 2010 and announced in plenary sitting on 22 November 2010, |
|
— |
having heard Elmar Brok in accordance with Rule 7(3) of its Rules of Procedure, |
|
— |
having regard to Articles 8 and 9 of the Protocol on the Privileges and Immunities of the European Union of 8 April 1965 and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage, |
|
— |
having regard to the judgments of the Court of Justice of the European Union of 12 May 1964 and 10 July 1986 (1), |
|
— |
having regard to Article 46 of the German Basic Law (Grundgesetz), |
|
— |
having regard to the German Fiscal Code (Abgabenordnung), in particular Section 370 thereof, |
|
— |
having regard to Rules 6(2) and 7 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Legal Affairs (A7-0047/2011), |
|
A. |
whereas the facts set out in the explanatory statement constitute a clear case of fumus persecutionis; |
|
B. |
whereas criminal charges have been brought against a well-known political figure in respect of a sum and in circumstances which would, in the case of an ordinary citizen, have attracted merely administrative proceedings; |
|
C. |
whereas, moreover, the public prosecutor not only sought to withhold knowledge of the charge from Mr Brok on spurious and highly derogatory grounds for no due cause, but also made sure that the case received great publicity in the media, thus inflicting the maximum amount of damage on the Member concerned; |
|
D. |
whereas it is therefore plain that the case is one of fumus persecutionis in that it appears that the proceedings were brought with the sole aim of damaging the reputation of the Member concerned; |
|
E. |
whereas it would therefore be completely inappropriate to waive the Member’s immunity, |
|
1. |
Decides not to waive the immunity of Elmar Brok; |
|
2. |
Instructs its President to forward this decision and the report of its competent committee immediately to the appropriate authorities of the Federal Republic of Germany. |
(1) See Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure [1986] ECR 2391.
III Preparatory acts
EUROPEAN PARLIAMENT
Tuesday 8 March 2011
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/192 |
Tuesday 8 March 2011
Appointment of a Member of the European Court of Auditors (Mr Harald Wögerbauer - AT)
P7_TA(2011)0078
European Parliament decision of 8 March 2011 on the nomination of Harald Wögerbauer as a Member of the Court of Auditors (C7-0029/2011 – 2011/0801(NLE))
2012/C 199 E/27
(Consultation)
The European Parliament,
|
— |
having regard to Article 286(2) of the Treaty on the Functioning of the EU, pursuant to which the Council consulted Parliament (C7-0029/2011), |
|
— |
having regard to the fact that at its meeting of 3 March 2011 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors, |
|
— |
having regard to Rule 108 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Budgetary Control (A7-0048/2011), |
|
A. |
whereas Harald Wögerbauer fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU, |
|
1. |
Delivers a favourable opinion on the nomination of Harald Wögerbauer as a Member of the Court of Auditors; |
|
2. |
Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. |
|
7.7.2012 |
EN |
Official Journal of the European Union |
CE 199/193 |
Tuesday 8 March 2011
General Fisheries Commission for the Mediterranean Agreement Area ***I
P7_TA(2011)0079
European Parliament legislative resolution of 8 March 2011 on the proposal for a regulation of the European Parliament and of the Council on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement Area (COM(2009)0477 – C7-0204/2009 – 2009/0129(COD))
2012/C 199 E/28
(Ordinary legislative procedure: first reading)
The European Parliament,
|
— |
having regard to the Commission proposal to the Council (COM(2009)0477), |
|
— |
having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0204/2009), |
|
— |
having regard to the Commission Communication to Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665), |
|
— |
having regard to Article 294(3) and Article 43(2) of the Treaty on the Functioning of the European Union, |
|
— |
having regard to the opinion of the European Economic and Social Committee of 17 March 2010 (1), |
|
— |
having regard to Rule 55 of its Rules of Procedure, |
|
— |
having regard to the report of the Committee on Fisheries (A7-0023/2011), |
|
1. |
Adopts its position at first reading hereinafter set out; |
|
2. |
Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
|
3. |
Instructs its President to forward its position to the Council and the Commission and the national parliaments. |
(1) OJ C 354, 28.12.2010, p. 71.
Tuesday 8 March 2011
P7_TC1-COD(2009)0129
Position of the European Parliament adopted at first reading on 8 March 2011 with a view to the adoption of Regulation (EU) No …/2011 of the European Parliament and of the Council on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area [Amendment 1]
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union , and in particular Article 43(2) thereof, [Amendment 2]
Having regard to the proposal from the European Commission,
▐ [Amendment 3]
Having regard to the opinion of the European Economic and Social Committee (1) , [Amendment 4]
Acting in accordance with the ordinary legislative procedure (2) , [Amendment 5]
Whereas:
|
(1) |
The Agreement for the establishment of the General Fisheries Commission for the Mediterranean (‘GFCM’), hereinafter referred to as the GFCM Agreement, was approved by the Council by Decision 98/416/EC of 16 June 1998 on the accession of the European Community to GFCM (3). |
|
(2) |
The GFCM Agreement provides an appropriate framework for multilateral cooperation to promote the development, conservation, rational management and best utilisation of stocks of living aquatic resources in the Mediterranean and the Black Sea at levels which are considered sustainable and at low risk of collapse. |
|
(3) |
The European Union , as well as Bulgaria, Greece, Spain, France, Italy, Cyprus, Malta, Romania and Slovenia are Contracting Parties to the GFCM. [Amendment 6] |
|
(4) |
Recommendations adopted by GFCM are binding on its Contracting Parties. As the Union is a contracting party to the GFCM, these recommendations are binding on the Union and should therefore be transposed into Union law, where their content is not already covered thereby . [Amendment 7] |
|
(5) |
At its Annual Sessions in 2005, 2006, 2007 and 2008, the GFCM adopted a number of recommendations and resolutions for certain fisheries in the GFCM Agreement area which have been temporarily transposed into Union law by the annual regulations on fishing opportunities (4) or, in the case of GFCM recommendations 2005/1 and 2005/2, by Articles 4(3) and 24 of Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea (5). [Amendment 8] |
|
(6) |
For reasons of clarity, simplification and legal certainty, and since the permanent character of recommendations requires also a permanent legal instrument for their transposition into Union law, it is appropriate to transpose these recommendations via a single legislative act, to which future recommendations can be added by way of amendments. [Amendment 9] |
|
(7) |
GFCM recommendations apply to the entire GFCM Agreement area, notably the Mediterranean, the Black Sea and connecting waters, as referred to in Annex II to Decision 98/416/EC, and, therefore, in order to ensure the clarity of Union legislation, they should be transposed in a single separate regulation rather than through amendments to Regulation (EC) No 1967/2006, which only covers the Mediterranean Sea. [Amendment 10] |
|
(8) |
Certain provisions contained in Regulation (EC) No 1967/2006 should apply not only in the Mediterranean Sea but in the entire GFCM Agreement area. Those provisions should therefore be deleted from Regulation (EC) No 1967/2006 and included in this Regulation. |
|
(9) |
The ‘Fisheries Restricted Areas’ established by GFCM recommendations for spatial management measures are equivalent in effect to the ‘Fishing Protected Areas’ as used in Regulation (EC) No 1967/2006. |
|
(10) |
At its Annual Session of 23-27 March 2009 the GFCM adopted a recommendation on the establishment of a fisheries restricted area in the Gulf of Lions on the basis of scientific advice by Scientific Advisory Committee (SAC), as contained in the report of its 11th session (FAO report no 890). It is appropriate to implement this measure by means of an effort management system. |
|
(11) |
The selectivity of some fishing gears cannot go beyond a certain level in Mediterranean mixed fisheries and, in addition to the control and limitation of fishing effort, it is fundamental to limit fishing effort in areas where adults of important stocks aggregate in order to have a low risk of reproduction impairment, thus allowing for their sustainable exploitation. It is therefore advisable to first limit the fishing effort in the area examined by the SAC to previous levels and not to allow any increase of that level. |
|
(12) |
The advice on which management measures are based should be based on the scientific use of relevant data on fleet capacity and activity, on the biological status of exploited resources and on the social and economic situation of fisheries; these data need to be collected and submitted in time to allow the subsidiary bodies of GFCM to prepare their advice. |
|
(13) |
At its Annual Session in 2008 the GFCM adopted a recommendation on a regional scheme of Port State measures to combat Illegal, Unreported and Unregulated (IUU) fishing in the GFCM Agreement area. While Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (6) covers generally the content of this recommendation and applies from 1 January 2010, there are, nevertheless, some aspects such as the frequency, coverage and procedure for port inspections which need to be referred to in this Regulation in order to adapt the measure to the specificities of the GFCM Agreement area. [Amendment 11] |
|
(14) |
In order to ensure uniform conditions for the implementation of this Regulation , implementing powers should be conferred on the Commission. Those powers, which should be without prejudice to the provisions of this Regulation relating to delegated acts and which should not apply to provisions of this Regulation on Port state measures and Port state inspection procedures, should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (7) ▐. [Amendment 47] |
|
(15) |
The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union in respect of the incorporation into Union law of future amendments to those GFCM measures for conservation, control or enforcement, as already transposed into Union law, which form the subject matter of certain explicitly defined non-essential elements of this Regulation and which become binding upon the European Union and its Member States in accordance with the terms of the GFCM Agreement. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, [Amendment 13] |
HAVE ADOPTED THIS REGULATION:
TITLE I
GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down the rules for the application, by the Union, of the conservation, management, exploitation, monitoring, marketing and enforcement measures for fishery and aquaculture products, as established by the General Fisheries Commission for the Mediterranean (‘the GFCM’). [Amendment 14]
Article 2
Scope
1. This Regulation applies to all commercial fishing and aquaculture activities conducted by EU fishing vessels and nationals of Member States in the GFCM Agreement area. [Amendment 15]
It shall apply without prejudice to Regulation (EC) No 1967/2006.
2. By way of derogation from paragraph 1, the provisions of this Regulation shall not apply to fishing operations conducted solely for the purpose of scientific investigations which are carried out with the permission and under the authority of the Member whose flag the vessel is flying, of which the Commission and the Member States in whose waters the research is carried out have been informed in advance. Member States conducting fishing operations for the purpose of scientific investigations shall inform the Commission, the Member States in whose waters the research is carried out and the Scientific, Technical and Economic Committee for Fisheries of all catches from such fishing operations.
Article 3
Definitions
For the purposes of this Regulation the following definitions, in addition to the definitions laid down in Article 3 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (8) and Article 2 of Regulation (EC) No 1967/2006 shall apply:
|
(a) |
‘GFCM Agreement area’ means the Mediterranean, the Black Sea and connecting waters, as referred to in Annex II of Decision 98/416/EC; |
|
(b) |
‘Fishing effort’ means the product of the capacity of a fishing vessel, both in kW and in GT, and the days at sea; |
|
(c) |
‘day at sea’ means any calendar day a vessel is absent from port, irrespective of the amount of time of the day that that vessel is present in an area. |
TITLE II
TECHNICAL MEASURES
Chapter I
Fisheries restricted areas
Section I
Fisheries restricted area in the Gulf of Lions
Article 4
Establishment of a fisheries restricted area
A fisheries restricted area is established in the eastern Gulf of Lions (as bounded by lines joining the following geographic coordinates):
|
|
42°40′N, 4°20′ E; |
|
|
42°40′N, 5°00′ E; |
|
|
43°00′N, 4°20′ E; |
|
|
43°00′N, 5°00′ E. |
Article 5
Fishing effort
The fishing effort for demersal stocks of vessels using towed nets, bottom and mid-water longlines and bottom-set nets in the fisheries restricted area as referred to in Article 4 shall not exceed the level of fishing effort applied in 2008 by each Member State in that area.
Article 6
Fishing track record
The Member States shall submit to the Commission in electronic format, not later than … (9), a list of vessels flying their flag that had a track record of fishing during the year 2008 in the area referred to in Article 4 and in GFCM Geographical Sub-Area 7 as defined in Annex I. The list shall contain the name of the vessel, its number in the Fleet Register, referred to in Annex I to Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (10), the period for which the vessel was authorised to fish in the area referred to in Article 4 and the number of days spent by each vessel in the year 2008 in Geographical Sub-Area 7, and more specifically in the area referred to in Article 4. [Amendment 16]
Article 7
Authorised vessels
1. Vessels authorised to fish in the area referred to in Article 4 shall be issued with a Special Fishing Permit by their Member State in accordance with Council Regulation (EC) No 1627/94 of 27 June 1994 laying down general provisions concerning special fishing permits (11).
2. Fishing vessels not having records of fishing within the area referred to in Article 4 prior to 31 December 2008 shall not be authorised to start fishing therein.
3. Member States shall communicate to the Commission, not later than … (12), the national legislation in force at 31 December 2008 concerning: [Amendment 17]
|
(a) |
the maximum time of daily fishing activity allowed per vessel, |
|
(b) |
the maximum number of days per week a vessel can stay at sea and be absent from port and |
|
(c) |
the compulsory timing to exit and return to the registered port of their fishing vessels. |
Article 8
Protection of sensitive habitats
Member States shall ensure that the area referred to in Article 4 is protected from the impacts of any other human activity jeopardizing the conservation of the features that characterise that area as an area of spawners’ aggregation.
Article 9
Information
Before 31 January of each year, Member States shall submit to the Commission in electronic format a report on the fishing activities carried out in the area referred to in Article 4.
Section II
Fisheries restricted areas in order to protect deep-sea sensitive habitats
Article 10
Establishment of fisheries restricted areas
Fishing with towed dredges and bottom trawl nets shall be prohibited in the following areas:
|
(a) |
Deep Sea fisheries restricted area ‘Lophelia reef off Capo Santa Maria di Leuca’ bounded by lines joining the following coordinates:
|
|
(b) |
Deep Sea fisheries restricted area ‘The Nile delta area cold hydrocarbon seeps’ bounded by lines joining the following coordinates:
|
|
(c) |
Deep Sea fisheries restricted area ‘The Eratosthenes Seamount’ bounded by lines joining the following coordinates:
|
Article 11
Protections of sensitive habitats
Member States shall ensure that their competent authorities are called upon to protect the deep-sea sensitive habitats in the areas referred to in Article 10 ▐ in particular ▐ from the impacts of any other ▐ activity jeopardising the conservation of the features that characterise those habitats. [Amendment 18]
Chapter II
Establishment of a closed season for the dolphinfish fisheries using fish aggregating devices (FADs)
Article 12
Closed season
1. The common dolphinfish (Coryphaena hippurus) fisheries using fish aggregating devices (FADs) shall be prohibited from 1 January to 14 August of each year.
2. By way of derogation from paragraph 1, if a Member State can demonstrate that, because of bad weather, the fishing vessels flying its flag were unable to utilise their normal fishing days, that Member State may carry over days lost by its vessels in FAD fisheries until 31 January of the following year. In that case, before the end of the year, Member States shall submit to the Commission an application for the number of days to carry over.
3. Paragraphs 1 and 2 shall also apply in the management zone referred to in Article 26(1) of Regulation (EC) No 1967/2006.
4. The application referred to in paragraph 2 shall contain the following information:
|
(a) |
a report containing the details of the cessation of fishing activities in question, including appropriate supporting meteorological information; |
|
(b) |
the name of the vessel and its EU Fleet Register number. [Amendment 19] |
5. The Commission shall decide on the applications referred to in paragraph 2 within 6 weeks from the date of reception of the application, and inform the Member State in writing thereof.
6. The Commission shall inform the Executive Secretary of the GFCM of decisions taken pursuant to paragraph 5. Before 1 November of each year, Member States shall send to the Commission a report on the carrying over of days lost in the previous year as referred to in paragraph 2.
Article 13
Special fishing permit
Fishing vessels authorised to participate in the common dolphinfish fishery shall be granted a special fishing permit in accordance with Regulation (EC) No 1627/94 and shall be included in a list containing the name of the vessel and its EU Fleet Register number, to be provided to the Commission by the Member State concerned. Notwithstanding Article 1(2) of Regulation (EC) No 1627/94, vessels of an overall length of less than 10 meters shall be required to have a special fishing permit. [Amendment 20]
This requirement shall also apply to the management zone referred to in Article 26(1) of Regulation (EC) No. 1967/2006.
Article 14
Data collection
Without prejudice to Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy (13), Member States shall set up an appropriate system for the collection and treatment of fisheries catch and effort data.
Member States shall report to the Commission, by 15 January of each year, on the number of vessels involved in the fishery and on the total landings and transhipments of common dolphinfish carried out in the previous year by the fishing vessels flying their flag in each geographical sub-area of the GFCM Agreement area as set out in Annex I.
The Commission shall forward the information received from the Member States to the Executive Secretary of the GFCM.
Chapter III
Fishing gear <BR> ▐ <BR>[Amendments 21, 22, 23, 24 and 25]
Article 15
Minimum mesh size in the Black Sea
1. The minimum mesh size for nets used for trawling activities exploiting demersal stocks in the Black Sea shall be 40 mm; panels of netting smaller than 40 mm mesh size opening shall not be used or kept on board.
2. By 31 January 2012, the net referred to in paragraph 1 shall be replaced by a square-meshed net of 40 mm at the cod-end or, at the duly justified request of the ship-owner, by a diamond meshed net of 50 mm which must have an acknowledged size selectivity that is equivalent to or higher than that of square-meshed nets of 40 mm at the cod-end.
3. Member States whose fishing vessels conduct trawling activities exploiting demersal stocks in the Black Sea shall submit to the Commission, for the first time by 1 October 2011 and subsequently every 6 months, the list of fishing vessels, and their percentage out of the whole national demersal trawl fleet equipped with a square-meshed net of at least 40 mm at the cod-end or diamond meshed nets of at least 50 mm. [Amendment 26]
4. The Commission shall forward the information referred to in paragraph 2 to the Executive Secretary of the GFCM.
Article 16
Use of towed dredges and trawl nets fisheries
The use of towed dredges and trawl nets fisheries at depths beyond 1 000 m shall be prohibited.
TITLE III
CONTROL MEASURES
Chapter I
Register of vessels
Article 17
Register of authorised vessels
1. Before 1 December of each year, each Member State shall send the Commission, through the accustomed data-processing support, an updated list of the vessels of more than 15 metres overall length flying its flag and registered in its territory that it authorises to fish in the GFCM Agreement area by issue of a fishing authorisation . [Amendment 27]
2. The list indicated in paragraph 1 shall include the following information:
|
(a) |
vessel’s EU fleet register number, and external marking as defined in Annex I to Regulation (EC) No 26/2004; [Amendment 28] |
|
(b) |
period authorised for fishing and/or transhipment; |
|
(c) |
fishing gears used. |
3. The Commission shall send the updated list to the GFCM Executive Secretary before 1 January of each year so that these vessels can be entered on the GFCM register of vessels of more than 15 metres in overall length authorised to fish in the GFCM Agreement area (‘the GFCM register’). [Amendment 29]
4. Any change to be made to the list indicated in paragraph 1 shall be notified to the Commission for transmission to the GFCM Executive Secretary and the same procedure shall apply, at least 10 working days before the vessel begins fishing activity in the GFCM Agreement area.
5. EU fishing vessels of more than 15 metres in overall length that are not entered on the list indicated in paragraph 1 shall not fish, retain on board, tranship or land any type of fish or shellfish within the GFCM Agreement area. [Amendment 30]
6. Member States shall take the necessary measures to ensure that:
|
(a) |
only vessels flying their flag that are included in the list indicated in paragraph 1 and hold on board a fishing authorisation issued by them are authorised, under the terms of the authorisation , to carry out fishing activities in the GFCM Agreement area; [Amendment 31] |
|
(b) |
no fishing authorisation is issued to vessels that have carried out IUU fishing in the GFCM Agreement area or elsewhere, unless the new owners provide adequate documentary evidence that the previous owners and operators have no longer any legal, beneficial or financial interest in, or exercise any control over, their vessels, or that their vessels neither take part in nor are associated with IUU fishing; [Amendment 32] |
|
(c) |
as far as possible, their national legislation prohibits owners and operators of vessels flying their flag that are included in the list indicated in paragraph 1 from taking part in or being associated with fishing activities in the GFCM Agreement area by vessels not on the GFCM register; |
|
(d) |
as far as possible, their national legislation requires owners of vessels flying their flag that are included in the list indicated in paragraph 1 to be nationals or legal entities within the flag Member State; |
|
(e) |
their vessels comply with all the relevant GFCM conservation and management measures. |
7. Member States shall take the necessary measures to prohibit fishing, retention on board, transhipment and landing of fish and shellfish caught in the GFCM Agreement area by vessels of more than 15 metres in overall length that are not on the GFCM register.
8. Member States shall, without delay, pass on to the Commission any information showing that there are strong reasons for suspecting that vessels of more than 15 metres in overall length that are not on the GFCM register are fishing for or transhipping fish and shellfish in the GFCM Agreement area.
Chapter II
Port state measures
Article 18
Scope
This Chapter shall apply to third country fishing vessels.
Article 19
Prior notice
By way of derogation from Article 6(1) of Regulation (EC) No 1005/2008 ▐ , the period for prior notification shall be at least 72 hours before the estimated time of arrival at the port. [Amendment 33]
Article 20
Port inspections
1. Notwithstanding Article 9(1) of Regulation (EC) No 1005/2008, Member States shall carry out inspections in their designated ports of at least 15 % of landings and transhipment operations each year.
2. Notwithstanding Article 9(2) of Regulation (EC) No 1005/2008, fishing vessels that enter into a Member States’ port without prior authorisation shall be inspected in all cases.
Article 21
Inspection procedure
In addition to the requirements provided for in Article 10 of Regulation (EC) No 1005/2008 port inspections shall comply with the requirements set out in Annex II to this Regulation.
Article 22
Denial of use of port
1. Member States shall not allow a third-country vessel to use their ports for landing, transhipping or processing of fisheries products caught in the GFCM Agreement area and shall deny it access to port services, including, inter alia, refuelling and resupplying services, except in cases of force majeure or distress within the meaning of Article 18 of the United Nations Convention on the Law of the Sea for services strictly necessary to remedy those situations, if: [Amendment 34]
|
(a) |
the vessel does not comply with the requirements of this Regulation ; or [Amendment 35] |
|
(b) |
the vessel is included in a list of vessels having engaged in, or supported, IUU fishing adopted by a regional fisheries management organisation; or |
|
(c) |
the vessel does not have a valid authorisation to engage in fishing or fishing related activities in the GFCM Agreement area. |
2. Paragraph 1 shall apply in addition to the provisions on denial of use of port provided for by Articles 4(2) and 37(5) and (6) of Regulation (EC) No 1005/2008.
3. Where a Member State has denied the use of its ports in accordance with paragraphs 1 or 2, it shall promptly notify the master of the vessel, the flag State, the Commission, the Executive Secretary of the GFCM of such action.
4. Where the grounds for denial referred to in paragraphs 1 or 2 no longer apply, the Member State shall withdraw its denial and notify thereof the addressees of the notification issued pursuant to paragraph 3.
TITLE IV
COOPERATION, INFORMATION AND REPORTING
Article 23
Cooperation and information
1. The Commission and Member States shall cooperate and exchange information with the Executive Secretary of the GFCM, in particular by:
|
(a) |
requesting information from, and providing information to relevant databases; |
|
(b) |
requesting and providing cooperation to promote the effective implementation of this Regulation. |
2. Member States shall ensure that their national fisheries related information systems allow for the direct electronic exchange of information on port State inspections referred to in Title III between them and the GFCM Secretariat, with due regard to appropriate confidentiality requirements.
3. Member States shall take measures to share, by electronic means, information among relevant national agencies and to coordinate the activities of such agencies in the implementation of the measures under Chapter II of Title III . [Amendment 36]
4. Member States shall establish a list of contact points for the purpose of this Regulation, which shall be transmitted electronically, without delay, to the Commission, the Executive Secretary of GFCM and GFCM Contracting Parties.
Article 24
Reporting of statistical matrices
1. Member States shall submit, before 1 May each year, to the Executive Secretary of the GFCM, the data of Task 1.1, 1.2, 1.3, 1.4 and 1.5 of the GFCM statistical matrix as set out in Annex III.
▐ [Amendment 37]
2. The first submission of the data of Task 1.3 and 1.5 shall be made before 1 February 2011.
3. For the submission of data referred to in paragraph 1, Member States shall use the GFCM data-entry system or any other appropriate data submission standard and protocol set by the GFCM Secretariat and available at the following web-site: http://www.gfcm.org/gfcm/topic/16164.
4. Member States shall inform the Commission of the data submitted on the basis of this Article.
TITLE V
FINAL PROVISIONS
Article 25
Implementing acts [Amendment 48]
The Commission may adopt implementing acts in order to ensure uniform conditions for the implementation of this Regulation. Those implementing acts, which shall be without prejudice to Article 27 of this Regulation and which shall not apply to provisions of this Regulation on Port state measures in Chapter II and Port state inspection procedures in Annex II, shall be adopted in accordance with the examination procedure referred to in Article 26 (2). [Amendment 49]
Article 26
Committee procedure [Amendment 50]
1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 30(1) of Council Regulation (EC) No 2371/2002 . That committee is a committee within the meaning of Regulation (EU) No 182/2011 of European Parliament and of the Council . [Amendment 51]
2. Where reference is made to this paragraph, Article 5 of Regulation 182/2011/EU shall apply. ▐ [Amendment 52]
▐ [Amendment 40]
Article 27
Delegation of power
As far as necessary, in order to transpose into Union law amendments to the existing provisions of the Scheme which become obligatory for the Union, the Commission may amend the provisions of this Regulation, by means of delegated acts, in accordance with Article 28 and subject to the conditions set out in Articles 29 and 30, concerning:
|
— |
the fisheries restricted area in the Gulf of Lions as set out in Articles 4, 5, 6, 7, 8 and 9; |
|
— |
the fisheries restricted areas in order to protect deep-sea sensitive habitats as set out in Title II, Chapter I, Section II, Articles 10 and 11; |
|
— |
the establishment of a closed season for the dolphinfish fisheries using FADs as set out in Title II, Chapter II, Articles 12, 13 and 14; |
|
— |
the provision of information to the Executive Secretary of GFCM as set out in Article 15(4); |
|
— |
the register of authorised vessels as set out in Article 17; |
|
— |
cooperation, information and reporting as set out in Articles 23 and 24; |
|
— |
table, map and geographical coordinates of GFCM Geographical Sub-Areas as set out in Annex I; |
|
— |
GFCM statistical matrixes as set out in Annex III. |
[Amendment 41]
Article 28
Exercise of the delegation
1. The power to adopt delegated acts referred to in Article 27 shall be conferred on the Commission for a period of three years from … (14) . The Commission shall draw up a report in respect of the delegated power at the latest six months before the end of the three-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 29.
2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
3. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 29 and 30.
[Amendment 42]
Article 29
Revocation of the delegation
1. The delegation of power referred to in Article 27 may be revoked at any time by the European Parliament or by the Council.
2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.
3. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.
[Amendment 43]
Article 30
Objections to delegated acts
1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.
At the initiative of the European Parliament or the Council that period shall be extended by two months.
2. If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.
The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.
3. If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
[Amendment 44]
Article 31
Amendments to Regulation (EC) No 1967/2006
Regulation (EC) No 1967/2006 is amended as follows:
|
(a) |
in Article 4, paragraph 3 is deleted; |
|
(b) |
in Article 9, paragraph 3 shall be replaced by the following: ‘3. For towed nets other than those referred to in paragraph 4, the minimum mesh size shall be at least:
Fishing vessels shall be authorised to use and keep on board only one of the two types of nets. The Commission shall submit a report on the implementation of this paragraph to the European Parliament and the Council by 30 June 2012, on the basis of which, as well as on the basis of the information supplied by Member States before 31 December 2011, it shall propose suitable amendments where appropriate.’; [Amendment 45] |
|
(c) |
Article 24 is deleted; |
|
(d) |
in Article 27, paragraphs 1 and 4 are deleted. |
▐ [Amendment 46]
Article 32
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at,
For the European Parliament
The President
For the Council
The President
(1) OJ C 354, 28.12.2010, p. 71.
(2) Position of the European Parliament of 8 March 2011.
(3) OJ L 190, 4.7.1998, p. 34.
(4) Council Regulation (EC) No 43/2009 Articles 28-31, Council Regulation (EC) No 40/2008 Articles 29-31, Council Regulation (EC) No 41/2007 Articles 26-27, Council Regulation (EC) No 51/2006 Annex III.
(5) OJ L 409, 30.12.2006, p. 11.
(6) OJ L 286, 29.10.2008, p. 1.
(7) OJ L 55, 28.2.2011, p. 13.
(8) OJ L 358, 31.12.2002, p. 59.
(9) 20 working days after the entry into force of this Regulation.
(11) OJ L 171, 6.7.1994, p. 7.
(12) 20 working days after the entry into force of this Regulation.
(14) Date of the entry into force of this Regulation.
Tuesday 8 March 2011
ANNEX I
A) Table of GFCM Geographical Sub-Areas (GSAs)
|
FAO SUBAREA |
FAO STATISTICAL DIVISIONS |
GSAs |
||
|
WESTERN |
1.1 |
BALEARIC |
1 |
Northern Alboran Sea |
|
2 |
Alboran Island |
|||
|
3 |
Southern Alboran Sea |
|||
|
4 |
Algeria |
|||
|
5 |
Balearic Island |
|||
|
6 |
Northern Spain |
|||
|
11.1 |
Sardinia (west) |
|||
|
1.2 |
GULF OF LIONS |
7 |
Gulf of Lions |
|
|
1.3 |
SARDINIA |
8 |
Corsica Island |
|
|
9 |
Ligurian and North Tyrrhenian Sea |
|||
|
10 |
South Tyrrhenian Sea |
|||
|
11.2 |
Sardinia (east) |
|||
|
12 |
Northern Tunisia |
|||
|
CENTRAL |
2.1 |
ADRIATIC |
17 |
Northern Adriatic |
|
18 |
Southern Adriatic Sea (part) |
|||
|
2.2 |
IONIAN |
13 |
Gulf of Hammamet |
|
|
14 |
Gulf of Gabes |
|||
|
15 |
Malta Island |
|||
|
16 |
South of Sicily |
|||
|
18 |
Southern Adriatic Sea (part) |
|||
|
19 |
Western Ionian Sea |
|||
|
20 |
Eastern Ionian Sea |
|||
|
21 |
Southern Ionian Sea |
|||
|
EASTERN |
3.1 |
AEGEAN |
22 |
Aegean Sea |
|
23 |
Crete Island |
|||
|
3.2 |
LEVANT |
24 |
North Levant |
|
|
25 |
Cyprus Island |
|||
|
26 |
South Levant |
|||
|
27 |
Levant |
|||
|
BLACK SEA |
4.1 |
MARMARA |
28 |
Marmara Sea |
|
4.2 |
BLACK SEA |
29 |
Black Sea |
|
|
4.3 |
AZOV SEA |
30 |
Azov Sea |
|
B) Map of GFCM GSAs (GFCM, 2009)
C) Geographical coordinates for GFCM GSAs (GFCM, 2009)
|
GSAs |
LIMITS |
|
1 |
Coast Line 36° N 5° 36′ W 36° N 3° 20′ W 36° 05′ N 3° 20′ W 36° 05′ N 2° 40′ W 36° N 2° 40′ W 36° N 1° 30′ W 36° 30′ N 1° 30′ W 36° 30′ N 1° W 37° 36′ N 1° W |
|
2 |
36° 05′ N 3° 20′ W 36° 05′ N 2° 40′ W 35° 45′ N 3° 20′ W 35° 45′ N 2° 40′ W |
|
3 |
Coast Line 36° N 5° 36′ W 35° 49′ N 5° 36′ W 36° N 3° 20′ W 35° 45′ N 3° 20′ W 35° 45′ N 2° 40′ W 36° N 2° 40′ W 36° N 1° 13′ W Morocco-Algeria border |
|
4 |
Coast Line 36° N 2° 13′ W 36° N 1° 30′ W 36° 30′ N 1° 30′ W 36° 30′ N 1° W 37° N 1° W 37° N 0° 30′ E 38° N 0° 30′ E 38° N 8° 35′ E Algeria-Tunisia border Morocco-Algeria border |
|
5 |
38° N 0° 30′ E 39° 30′ N 0° 30′ E 39° 30′ N 1° 30′ W 40° N 1° 30′ E 40° N 2° E 40° 30′ N 2° E 40° 30′ N 6° E 38° N 6° E |
|
6 |
Coast line 37° 36′ N 1° W 37° N 1° W 37° N 0° 30′ E 39° 30′ N 0° 30′ E 39° 30′ N 1° 30′ W 40° N 1° 30′ E 40° N 2° E 40° 30′ N 2° E 40° 30′ N 6° E 41° 47′ N 6° E 42° 26′ N 3° 09′ E |
|
7 |
Coast line 42° 26′ N 3° 09′ E 41° 20′ N 8° E France-Italy border |
|
8 |
43° 15′ N 7° 38′ E 43° 15′ N 9° 45′ E 41° 18′ N 9° 45′ E 41° 20′ N 8° E 41° 18′ N 8° E |
|
9 |
Coast line France-Italy border 43° 15′ N 7° 38′ E 43° 15′ N 9° 45′ E 41° 18′ N 9° 45′ E 41° 18′ N 13° E |
|
10 |
Coast line (including North Sicily) 41° 18′ N 13° E 41° 18′ N 11° E 38° N 11° E 38° N 12° 30′ E |
|
11 |
41° 47′ N 6° E 41° 18′ N 6° E 41° 18′ N 11° E 38° 30′ N 11° E 38° 30′ N 8° 30′ E 38° N 8° 30′ E 38° N 6° E |
|
12 |
Coast line Algeria-Tunisia border 38° N 8° 30′ E 38° 30′ N 8° 30′ E 38° 30′ N 11° E 38° N 11° E 37° N 12° E 37° N 11° 04′E |
|
13 |
Coast line 37° N 11° 04′E 37° N 12° E 35° N 13° 30′ E 35° N 11° E |
|
14 |
Coast line 35° N 11° E 35° N 15° 18′ E Tunisia-Libya border |
|
15 |
36° 30′ N 13° 30′ E 35° N 13° 30′E 35° N 15° 18′ E 36° 30′ N 15° 18′ E |
|
16 |
Coast line 38° N 12° 30′ E 38° N 11° E 37° N 12° E 35° N 13° 30′ E 36° 30′ N 13° 30′ E 36° 30′ N 15° 18′ E 37° N 15° 18′ E |
|
17 |
Coast line 41° 55′ N 15° 08′ E Croatia-Montenegro border |
|
18 |
Coast lines (both sides) 41° 55′ N 15° 08′ E 40° 04′ N 18° 29′ E Croatia-Montenegro border Albania-Greece border |
|
19 |
Coast line (including East Sicily) 40° 04′ N 18° 29′ E 37° N 15° 18′ E 35° N 15° 18′ E 35° N 19° 10′ E 39° 58′ N 19° 10′ E |
|
20 |
Coast line Albania-Greece border 39° 58′ N 19° 10′ E 35° N 19° 10′ E 35° N 23° E 36° 30′ N 23° E |
|
21 |
Coast line Tunisia-Libya border 35° N 15° 18′ E 35° N 23° E 34° N 23° E 34° N 25° 09′ E Libya-Egypt border |
|
22 |
Coast line 36° 30′ N 23° E 36° N 23° E 36° N 26° 30′ E 34° N 26° 30′ E 34° N 29° E 36° 43′ N 29° E |
|
23 |
36° N 23° E 36° N 26° 30′ E 34° N 26° 30′ E 34° N 23° E |
|
24 |
Coast line 36° 43′ N 29° E 34° N 29° E 34° N 32° E 35° 47′ N 32° E 35° 47′ N 35° E Turkey-Syria border |
|
25 |
35° 47′ N 32° E 34° N 32° E 34° N 35° E 35° 47′ N 35° E |
|
26 |
Coast line Libya-Egypt border 34° N 25° 09′ E 34° N 34° 13′ E Egypt-Gaza Strip border |
|
27 |
Coast line Egypt-Gaza Strip border 34° N 34° 13′ E 34° N 35° E 35° 47′ N 35° E Turkey-Syria border |
|
28 |
|
|
29 |
|
|
30 |
|
Tuesday 8 March 2011
ANNEX II
Port state inspection procedures for vessels
(1) Vessel identification
The port inspector(s) shall:
|
a) |
verify that the official documentation onboard is valid, if necessary, through appropriate contacts with the flag State or international records of vessels; |
|
b) |
where necessary, arrange for an official translation of the documentation; |
|
c) |
be assured that the vessel’s name, flag, any external identification number and markings (and International Maritime Organization (IMO) ship identification number when available) and the international radio call sign are correct; |
|
d) |
to the extent possible, examine whether the vessel has changed name and/or flag and, if so, note the previous name(s) and flag(s); |
|
e) |
note the port of registration, name and address of the owner (and operator and beneficial owner if different from the owner), agent, and master of the vessel, including the unique ID for company and registered owner if available; and |
|
f) |
note name(s) and address(es) of previous owner(s), if any, during the past five years. |
(2) Authorisation(s)
The port inspector(s) shall verify that the authorisation(s) to fish or transport fish and fishery products are compatible with the information obtained under paragraph 1 and examine the duration of the authorisation(s) and their application to areas, species and fishing gear.
(3) Other documentation
The port inspector(s) shall review all relevant documentation, including documents in electronic format. Relevant documentation may include logbooks, in particular the fishing logbook, as well as the crew list, stowage plans and drawings or descriptions of fish holds if available. Such holds or areas may be inspected in order to verify whether their size and composition correspond to these drawings or descriptions and whether the stowage is in accordance with the stowage plans. Where appropriate, this documentation shall also include catch documents or trade documents issued by any regional fisheries management organisation.
(4) Fishing gear
|
a) |
The port inspector(s) shall verify that the fishing gear on board is in conformity with the conditions of the authorisation(s). The gear may also be checked to ensure that features such as, inter alia, the mesh size(s) (and possible devices), length of nets, hook sizes conform with applicable regulations and that identification marks of the gear correspond to those authorised for the vessel. |
|
b) |
The port inspector(s) may also search the vessel for any fishing gear stowed out of sight and for fishing gear that is otherwise illegal. |
(5) Fish and fishery products
|
(a) |
The port inspector(s) shall, to the greatest extent possible, examine whether the fish and fishery products on board were harvested in accordance with the conditions set out in the applicable authorisation(s). In doing so, the port inspector(s) shall examine the fishing logbook, reports submitted, including those transmitted by a vessel monitoring system (VMS), as appropriate. |
|
(b) |
In order to determine the quantities and species on board, the port inspector(s) may examine the fish in the hold or during the landing. In doing so, the port inspector(s) may open cartons where the fish has been pre-packed and move the fish or cartons to ascertain the integrity of fish holds. |
|
(c) |
If the vessel is unloading, the port inspector(s) may verify the species and quantities landed. Such verification may include product type, live weight (quantities determined from the logbook) and the conversion factor used for calculating processed weight to live weight. The port inspector(s) may also examine any possible quantities retained onboard. |
|
(d) |
The port inspector(s) may review the quantity and composition of all catch onboard, including by sampling. |
(6) Verification of IUU fishing
Article 11 of Regulation (EC) No 1005/2008 applies.
(7) Report
A written report shall be prepared and signed by the inspector on completion of the inspection and a copy provided to the master of the vessel.
(8) Results of Port State Inspections
Results of port State inspections shall include at least the following information:
|
1. |
Inspection references
|
|
2. |
Vessel identification
|
|
3. |
Fishing authorisation (licenses/permits)
|
|
4. |
Fishing trip information
|
|
5. |
Result of the inspection on the catch
|
|
6. |
Results of gear inspection
|
|
7. |
Conclusions
|
Tuesday 8 March 2011
ANNEX III
A) GFCM/SAC Fleet Segmentation
|
Groups |
< 6 metres |
6-12 metres |
12-24 metres |
More than 24 metres |
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A |
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B |
C |
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D |
E |
F |
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G |
H |
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I |
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J |
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K |
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L |
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M |
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B) Table on fishing effort (1) measurement
|
Gear |
Number and dimension |
Capacity |
Activity |
Nominal Effort (2) |
|
Dredge (for molluscs) |
Open mouth, width of mouth |
GT |
Time fishing |
Dredged bottom surface (3) |
|
Trawl (including dredges for flatfishes) |
Type of trawl (pelagic, bottom) GT and/or GRT Engine power Mesh size Size of the net (width of mouth) Speed |
GT |
Time Fishing |
GT*days GT*hours KW*days |
|
Purse seine |
Length and drop of the net GT Light power Number of small boats |
GT Length and drop of the net |
Search time Set |
GT * Fishing sets (2) Length of the net * fishing sets |
|
Nets |
Type of net (e.g.trammel net, gillnets, etc.) Net length (used in regulations) GT Net surface Mesh size |
Net length and drop |
Time fishing |
Net length * days Surface*days |
|
Long lines |
Number of hooks GT Number of longline Characteristics of hooks Bait |
Number of hooks Number of longline unit |
Time fishing |
Number of hooks * hours Number of hooks * days Number of longline units * days/hours |
|
Traps |
GT |
Number of traps |
Time fishing |
Number of traps * days |
|
Purse seine/FADs |
Number of FADs |
|
Number of trips |
Number of FADs * Number of trips |
C) GFCM Task 1 – Operational Units
(1) It refers to nominal effort.
(2) Should be referred to a particular area (indicating the surface) to estimate fishing intensity (effort · km2) and to relate the effort to exploited communities.
(3) The effort measures that do not include a time activity should be referred to a period of time (i.e. by year).