22.1.2010

EN

Official Journal of the European Union

CE 16/1

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Improving consumer education and awareness on credit and finance

P6_TA(2008)0539

European Parliament resolution of 18 November 2008 on protecting the consumer: improving consumer education and awareness on credit and finance (2007/2288(INI))

(2010/C 16 E/01)

The European Parliament,

—	having regard to the Communication of the Commission of 18 December 2007 on financial education (COM(2007)0808),

—	having regard to the Commission's Green Paper on retail financial services in the single market (COM(2007)0226),

—	having regard to its position at second reading of 16 January 2008 with a view to the adoption of a directive of the European Parliament and of the Council on credit agreements for consumers and repealing Council Directive 87/102/EEC (1),

—	having regard to its resolution of 11 July 2007 on financial services policy (2005-2010) — White Paper (2),

—	having regard to Rule 45 of its Rules of Procedure,

—	having regard to the report of the Committee on Internal Market and Consumer Protection and the opinion of the Committee on Economic and Monetary Affairs (A6-0393/2008),

A.

whereas on the one hand financial markets are fast evolving and have become very dynamic and increasingly complex, and, on the other, societal changes and changes in lifestyle create a need for sound management of private finances and to adjust private finances regularly to suit new work and family circumstances,

B.

whereas raising the level of financial literacy of consumers should be a priority for policy-makers both at Member State and European level, not only because of the benefits for individuals but also because of the benefits for society and the economy, such as reducing the level of problem debt, increasing savings, increasing competition, making appropriate use of insurance products and making adequate provision for retirement,

C.	whereas studies reveal that consumers tend to overestimate their knowledge of financial services and need to be informed of the fact that they are not as financially literate as they believe, and of the consequences thereof,

D.	whereas high quality financial education programmes, targeted and, where appropriate, as personalised as possible, can contribute to raising financial literacy, allowing consumers to make informed choices and thus to the effective functioning of financial markets,

E.	whereas the importance of cross-border financial services is constantly increasing, and the Commission should take initiatives at EU level for the promotion of cross-border and, where necessary, comparable information on financial education,

F.	whereas particular attention should be paid to the educational needs of vulnerable consumers, and also to those of young consumers, who face decisions affecting economic prospects for their whole lifetime,

G.	whereas research has shown that those who have learned the basic aspects of personal finance at a very early age have more financial literacy; whereas financial education is closely related to the teaching of basic skills (mathematics and reading),

1.   Welcomes the Commission initiatives in the field of the financial education of consumers, in particular the recent setting-up of the Expert Group on Financial Education, and its intention to publish an online database of financial education schemes and research in the EU; is of the opinion that this Expert Group should have clear responsibilities and powers; suggests that it be asked in particular to look into the added value of, and best practices in, EU financial education and cross-border financial services;

2.   Stresses that the objective of educating and raising the awareness of consumers as regards finance and credit is to improve consumers' awareness of economic and financial realities with a view to understanding economic commitments and avoiding unnecessary risk, excessive debt and financial exclusion; considers that training and the provision of information should allow consumers to take an independent approach, based on their own judgement, to the financial products that are offered to them or that they are considering using;

3.   Notes that the ‘sub-prime mortgage’ crisis illustrates not only the dangers of inadequate information for borrowers but also the lack of understanding and knowledge of such information leading to consumers being insufficiently concerned about the risks of insolvency and excessive debt;

4.   Underlines that empowered and educated consumers help to foster competition, quality and innovation within the banking and financial services industries and recalls that educated and confident investors can provide additional liquidity to capital markets for investment and growth;

5.   Stresses the importance of establishing the level of financial literacy in the Member States and an understanding of the added value the EU can provide, as well as of defining educational needs for specific target groups in society, according to a mix of criteria such as age, income and level of education;

6.   Recognises the role of private initiatives, the financial services industry and consumer organisations at both Community and national level in defining the specific needs of target groups for financial education, in identifying the weaknesses and shortcomings of existing education schemes, and in providing financial information to consumers, including through Internet-based tools media and educational campaigns, etc. for financial planning;

7.   Is of the opinion that financial education programmes are most effective if they are tailored to the needs of specific target groups and, where appropriate, personalised; is of the opinion, moreover, that all financial education programmes should contribute to the improvement of a conscious and realistic handling of each individual's financial possibilities; consideration should be given to the development of programmes that improve adults' financial capabilities;

8.   Calls on the Commission, in cooperation with the Member States, to develop, at EU level, educational programmes in the field of personal finances, based on common rules and principles which can be adapted to the needs of, and applied in, all Member States, setting benchmarks and promoting the exchange of best practice;

9.   Emphasises that financial education can complement but cannot be a substitute for coherent consumer protection provisions in financial services legislation and the regulation and strict supervision of financial institutions;

10.   Acknowledges the important role of the private sector, and particularly of financial institutions, in providing consumers with information on financial services; emphasises, however, that financial education should be offered in a fair, unbiased and transparent manner, so as to serve the interests of the consumer, and that it must be clearly distinguished from commercial advice or advertising; in order to achieve this goal, encourages financial institutions to develop codes of conduct for their staff;

11.   Acknowledges that a delicate balance needs to be struck between providing consumers with the knowledge they need to make informed financial decisions and overloading the consumer with information; favours quality over quantity, for example high-quality, accessible, concrete and easily comprehensible information aimed at enhancing the consumer's ability to make informed and responsible choices;

12.   Considers that effective, clear and comprehensible information, particularly in advertisements for financial products, is necessary and that financial institutions should provide sufficient information before contracts are concluded and, in particular, strictly apply the rules laid down in Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (3) and Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers (4); calls on the Commission to put forward, in a coherent manner specific legislative proposals for a harmonised system of consumer information and protection, in particular in the framework of mortgage credit (such as a harmonised, simple and comparable European standardised information sheet including common indications on the annual percentage rate charged, etc.);

13.   Recommends that financial education schemes focus on important life-planning aspects such as basic saving, debt, insurance and pensions;

14.   Asks the Commission to continue efforts to promote dialogue between stakeholders;

15.   Suggests the increase of the budget line 17 02 02 to finance activities at EU level aiming at improving consumers' financial education and financial literacy; asks the Commission to contribute to raising awareness at EU level through supporting the organisation of national and regional conferences, seminars, media and awareness campaigns as well as educational programmes with cross-border participation, in particular in the field of retail financial services and household credit/debt management;

16.   Calls on the Commission to further develop and upgrade the Dolceta online tool and to provide this service in all official languages; suggests that the Commission include on the Dolceta website a link to the online database it intends to set up of existing regional and national financial education schemes; suggests that the Dolceta website should include links to the websites of public and private bodies operating in the field of financial education, broken down by country;

17.   Asks the Commission to include indicators of the availability and quality of financial education in the Consumer Markets Scoreboard;

18.   Calls on the Commission to set up information campaigns in order to raise the awareness of consumers of their rights under EU legislation in the sphere of the provision of financial services;

19.   Stresses the need for the Member States, with the support of the Commission, to carry out regular surveys, in cooperation with the various social and population groups of the Member States, concerning current levels of financial literacy among the public, in order to identify priority areas for action and thus ensure the appropriate, prompt and effective implementation of financial education programmes to assist the public;

20.   Encourages Member States to include financial education in the primary and secondary school programmes developed by the competent institutions, designed to develop the skills needed in everyday life, and to organise systematic training for teachers on this subject;

21.   Stresses the need for an ongoing two-way educational process for both sides, that is to say financial advisors and consumers, so as to ensure the provision of accurate information in step with the most recent developments in the financial services sector;

22.   Is of the opinion that synergy effects between different educational organisations are not sufficiently used; asks Member States, therefore, to establish a network for financial education in which both the public and private sector take part, and to encourage cooperation and dialogue between all actors;

23.   Encourages Member States to pay special attention to the educational needs of pensioners and persons at the end of their professional career, who may be at risk of financial exclusion, and also to young people starting their professional career who are faced with the challenge of determining how to make appropriate use of their new income;

24.   Calls on the Member States to set up training programmes in economics and financial services for social workers, since they are in contact with persons at risk of poverty or excessive debt;

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

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(1)  Texts Adopted, P6_TA(2008)0011.

(2)  OJ C 175 E, 10.7.2008, p. 392.

(3)  OJ L 145, 30.4.2004, p. 1.

(4)  OJ L 133, 22.5.2008, p. 66.

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22.1.2010

EN

Official Journal of the European Union

CE 16/5

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Consumer Markets Scoreboard

P6_TA(2008)0540

European Parliament resolution of 18 November 2008 on the Consumer Markets Scoreboard (2008/2057(INI))

(2010/C 16 E/02)

The European Parliament,

—	having regard to the Communication from the Commission of 29 January 2008 entitled ‘Monitoring consumer outcomes in the single market: the Consumer Markets Scoreboard’ (COM(2008)0031),

—	having regard to the Internal Market Scoreboard No 16 bis of 14 February 2008 (SEC(2008)0076),

—	having regard to its resolution of 6 September 2007 on the Green Paper on the Review of the Consumer Acquis (1),

—	having regard to its resolution of 20 May 2008 on EU consumer policy strategy 2007-2013 (2),

—	having regard to its resolution of 23 September 2008 on the Internal Market Scoreboard (3),

—	having regard to the Communication from the Commission of 20 November 2007 entitled ‘A single market for 21st century Europe’ (COM(2007)0724),

—	having regard to the Communication from the Commission of 20 November 2007 entitled ‘Services of general interest, including social services of general interest: a new European commitment’ (COM(2007)0725) accompanying the Communication on a single market for 21st century Europe,

—	having regard to the Commission Staff Working Document entitled ‘Implementing the new methodology for product market and sector monitoring: Results of a first sector screening’ (SEC(2007)1517) accompanying the Communication on a single market for 21st century Europe,

—	having regard to Rule 45 of its Rules of Procedure,

—	having regard to the report of the Committee on the Internal Market and Consumer Protection (A6-0392/2008),

A.	whereas it welcomes the publication of the Consumer Markets Scoreboard (the ‘Scoreboard’), which aims at making the Internal Market more responsive to the expectations and concerns of citizens,

B.	whereas competitive and effectively functioning consumer markets are crucial to ensure that citizens have confidence in the Internal Market,

C.	whereas the Scoreboard needs to be complemented by other means of monitoring,

D.	whereas the indicators in the Scoreboard are meant to help to identify sectors to be studied in further detail,

E.	whereas the Scoreboard should stimulate debate on consumer policy issues,

F.	whereas studies and analyses from national consumer and competition authorities may be relevant for the further development of the Scoreboard,

Introduction

1.   Stresses the importance of enabling citizens to benefit fully from the benefits of the Internal Market, and sees the Scoreboard as an important tool to this end;

2.   Welcomes the five main indicators in the Scoreboard in relation to complaints, price levels, satisfaction, switching and safety;

3.   Underlines that the Scoreboard is in its infancy and needs to be further developed with more complete data, more precise statistics and further analyses based on the various indicators;

4.   Stresses that when a satisfactory level of development of the five basic indicators of the Scoreboard is reached, new indicators should be drawn up in order to make the Internal Market more responsive to the expectations and concerns of citizens;

5.   Calls on the Commission to ensure adequate financing and staffing for the purposes referred to in paragraphs 3 and 4;

6.   Encourages the Commission to ensure a coherent and coordinated approach within its services in order to avoid duplication of work and contradictory outcomes of data analysis;

7.   Calls on the Commission to include an easily comprehensible summary as well as clear conclusions and recommendations in future Scoreboards, translated into all official languages of the European Union;

Developing the indicators

8.   Takes the view that the total number of indicators should be limited to ensure a focused Scoreboard;

9.   Takes the view that an indicator related to complaints is essential to understand consumer satisfaction; calls on the Commission and the Member States to work towards a harmonisation of the complaint classification systems used by the competent authorities and relevant consumer assistance services in the Member States and at Community level and to establish an EU-wide database of consumer complaints; calls on Member States to raise consumer awareness of complaints systems and to improve the handling of complaints in order to enable economic operators to offer more and better services;

10.   Calls on the Commission to develop indicators relating to cross-border judicial proceedings and compensation for damage suffered by consumers, through judicial and extrajudicial means of redress, as well as through existing national redress mechanisms;

11.   Takes the view that indicators relating to consumer literacy, skills and age (for example level of education, computer literacy and foreign language skills) could be included in the Scoreboard; underlines, however, the importance of striking a balance between indicators based on ‘soft’ data stemming from consumer surveys and ‘hard’ data based on other sources;

12.   Acknowledges that developing precise and adequate price indicators is a very complex issue as differences in price levels may have a number of causes and their existence is as such not proof of market failure; however, holds the view that the Scoreboard should include price indicators, as prices are of key concern to consumers and price indicators are important to stimulate debate and ensure media awareness concerning shortcomings in the functioning of markets; calls on the Commission to take into account the macroeconomic climate as well as consumers' purchasing power and pre-tax prices in the Member States;

13.   Welcomes efforts to develop more sophisticated price indicators, but also calls for the use of other indicators relating to the effective functioning of markets before making specific policy recommendations;

14.   Recalls that ethical and environmental concerns are of increasing importance for consumers; calls on the Commission to look into the possibility of measuring the availability of information relating to such concerns in different markets;

Improving the information base

15.   Underlines the importance of close cooperation between the statistical offices of the Member States, Eurostat and other Commission services in ensuring the quality and completeness of figures; calls on the Member States to take steps to facilitate such cooperation;

16.   Recalls that national consumer and competition authorities often undertake case studies or are in possession of other evidence concerning the functioning of different markets, hence calls on the Commission to draw on available national information and to consult actively with national experts when further developing the Scoreboard;

17.   Encourages Member States to explore the merits of establishing a special Consumer Ombudsman; notes that a number of Member States have consumer ombudsmen in several sectors who help consumers to deal with economic operators;

18.   Calls on the Commission, in cooperation with the Member States, to ensure that European consumer information centres are given greater resources and are properly staffed in order both efficiently to solve the increasing number of consumer cross-border complaints and to shorten handling times for such complaints;

Increased awareness

19.   Calls on the Commission and the Member States to raise awareness of the Scoreboard, inter alia by ensuring that it is easily accessible and visible on relevant websites, and to increase efforts to promote the Scoreboard to the media, public authorities and consumer organisations;

Relationship to the Internal Market Scoreboard

20.   Holds the view that the Internal Market Scoreboard and the Consumer Markets Scoreboard both serve to promote an improved Internal Market for the benefit of citizens and consumers;

21.   Welcomes the Commission's intention to ensure a better-communicated Internal Market, and holds the view that the two Scoreboards are important steps in that direction;

22.   Emphasises that while the two Scoreboards are interlinked and it is important to promote their coherent development, they have different target audiences and hence should be kept separate, with different sets of indicators;

23.   Holds the view that a review of the indicators used as well as the relationship between the two Scoreboards should be carried out on a regular basis in order to adapt them to developments in the Internal Market;

*

* *

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

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(1)  OJ C 187 E, 24.7.2008, p. 231.

(2)  Texts Adopted, P6_TA(2008)0211.

(3)  Texts Adopted, P6_TA(2008)0421.

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22.1.2010

EN

Official Journal of the European Union

CE 16/8

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EMU@10: The first 10 years of Economic and Monetary Union and future challenges

P6_TA(2008)0543

European Parliament resolution of 18 November 2008 on the EMU@10: The first 10 years of Economic and Monetary Union and future challenges (2008/2156(INI))

(2010/C 16 E/03)

The European Parliament,

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

—	having regard to the Commission Communication of 24 June 2008 on Public Finances in EMU 2008 (COM(2008)0387),

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

—	having regard to the Commission's economic forecast for autumn 2008, of 3 November 2008,

—	having regard to the European Council meeting on 15 and 16 October 2008,

—	having regard to its resolution of 22 October 2008 on the European Council meeting on 15 and 16 October 2008 (1),

—	having regard to the Eurogroup emergency summit of 12 October 2008 on government guarantees of interbank lending,

—	having regard to the conclusions of the Council meeting of 4 November 2008,

—	having regard to the outcome of the informal meeting of Heads of State or Government of 7 November 2008,

—	having regard to its resolution of 14 November 2006 on the 2006 Annual Report on the euro area (2),

—	having regard to its resolution of 12 July 2007 on the 2007 Annual Report on the eurozone (3),

—	having regard to its resolution of 20 February 2008 on the input for the 2008 Spring Council as regards the Lisbon Strategy (4),

—	having regard to its resolution of 15 November 2007 on the European interest: succeeding in the age of globalisation (5),

—	having regard to its resolution of 15 February 2007 on the Situation of the European economy: preparatory report on the broad economic policy guidelines for 2007 (6),

—	having regard to its resolution of 22 February 2005 on Public Finances in EMU — 2004 (7),

—	having regard to its resolution of 26 April 2007 on Public Finances in the EMU 2006 (8),

—	having regard to its resolution of 9 July 2008 on the ECB annual report for 2007 (9),

—	having regard to its resolution of 1 June 2006 on the enlargement of the euro zone (10),

—	having regard to its resolution of 20 June 2007 on improving the method for consulting Parliament in procedures relating to the enlargement of the euro area (11),

—	having regard to its legislative resolution of 17 June 2008 on the proposal for a Council decision in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (12),

—	having regard to its resolution of 14 March 2006 on the strategic review of the International Monetary Fund (13),

—	having regard to its resolution of 5 July 2005 on the implementation of an information and communication strategy on the euro and economic and monetary union (14),

—	having regard to its resolution of 23 September 2008 with recommendations to the Commission on hedge funds and private equity (15),

—	having regard to the resolution of the European Council of 13 December 1997 on economic policy coordination in stage III of EMU and on Articles 109 and 109b of the EC Treaty (16),

—	having regard to the contribution by the Council (Economic and Financial Affairs) of 12 February 2008 to the Spring European Council conclusions,

—	having regard to the Council Conclusions of 7 October 2008 on a coordinated EU response to the economic slowdown,

—	having regard to the Memorandum of Understanding of 1 June 2008 on Cooperation Between the Financial Supervisory Authorities, Central Banks and Finance Ministries of the European Union on Cross-Border Financial Stability,

—	having regard to Rule 45 of its Rules of Procedure,

—	having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on International Trade (A6-0420/2008),

A.	whereas on 1 January 1999, 11 Members States — Belgium, Germany, Ireland, Spain, France, Italy, Luxembourg, Netherlands, Austria, Portugal and Finland — adopted the European Union's single currency,

B.	whereas four other Member States have joined the euro area since its inception: Greece in 2001, Slovenia in 2007, and Cyprus and Malta in 2008,

C.	whereas the euro area is set to expand further as most Member States currently outside the euro area are preparing to join at some point in the future and whereas Slovakia will join the euro area on 1 January 2009,

D.	whereas the economic and monetary union (EMU) has been a success in many ways, with the single currency enhancing economic stability in the Member States, in particular with the view to the current financial crisis,

E.

whereas euro area membership implies a high degree of economic interdependence between the Member States involved and therefore requires closer coordination of economic policies and the playing of an effective role in global economic and financial governance in order to reap the full benefit of the single currency and to face future challenges, such as increased competition for natural resources, global economic imbalances, the growing economic importance of emerging markets, climate change and population ageing in Europe,

F.

whereas the average inflation during the first 10 years of the euro area was broadly in line with the European Central Bank (ECB) objective of price stability of close to, but below, 2 %; whereas inflation has recently risen well above that level due to global structural changes, in particular regarding the increases in energy and food prices, loosening of monetary policy in the United States, as well as the lack of vigilance by a number of third-country central banks,

G.

whereas the rapidly growing demand for scarce energy and other commodities by emerging economies has progressively pushed supply up to capacity limits; and whereas the upward pressure on price has been exacerbated by the fact that commodities are increasingly considered to be financial assets, to the extent that they can be used as a store of value,

H.

whereas the openness of the euro area is welcome and the current rising value of the euro is considered to have possible negative effects, namely as regards affecting exports and encouraging imports into the internal market, as well as positive effects in helping the EU economy face the dramatic oil price rise and current financial crisis,

I.

whereas the global economic environment has been favourable to job creation during the first 10 years of the euro, leading to the creation of nearly 16 million jobs — disregarding the quality of the jobs created — and a fall of the rate of unemployment from 9 % in 1999 to an estimated 7,3 % in 2008,

J.	whereas the European Union is entering an economic downturn with growth rates declining from 3,1 % in 2006 to a revised forecast from 2 to 1,4 % in 2008 and 0,2 % in 2009, while unemployment and social exclusion will grow even more,

K.	whereas economic and productivity growth have been disappointing, with growth in output per worker halving from 1,5 % during the period 1989 to 1998 to an estimated 0,75 % during the period 1999 to 2008,

L.

whereas the euro has rapidly emerged as the second most important international currency alongside the US dollar and whereas the euro plays an important role as a reference currency for many countries worldwide; whereas, however, the potential of the euro is insufficiently exploited at a global level because the euro area has neither a properly defined international strategy nor effective international representation,

The first 10 years of the euro

1.   Shares the view that the single currency has become a symbol of Europe and has shown that Europe is capable of taking far-reaching decisions for a common and prosperous future;

2.   Welcomes the fact that the euro has brought stability and fostered economic integration in the euro area; welcomes the stabilising effects of the euro on the world currency markets especially in times of crisis; notes that internal economic divergences have not yet diminished as expected and productivity has not developed satisfactorily in all parts of the euro area;

3.   Notes with satisfaction that the creation of other monetary unions are being considered in other parts of the world;

4.   Points to the vital link between monetary policy and trade policy at global level, which is demonstrated in countless studies, and stresses, in this connection, the positive role played by exchange rate stability in ensuring the sustainable growth of international trade;

5.   Points out that the increasing use of the euro as an international trading currency is benefiting the Member States in the euro area in particular, since it reduces the exchange rate risks for their undertakings and hence the cost of international trade;

6.   Recalls that during the first 10 years of the EMU, Parliament has played an active role, in both economic and monetary areas, and has done as much as possible to ensure more transparency and democratic accountability;

7.   Underlines that more needs to be done to reap the full benefits of the EMU, such as enabling Member States and regions with below-average GDP to catch up, and strengthening citizens' understanding of and commitment to the single currency;

8.   Proposes the following elements and concrete measures for a desirable EMU roadmap:

Economic divergence, structural reforms and public finances

9.   Believes that streamlined and more coherent, multi-supportive economic reforms coordinated in a timely fashion on the basis of the integrated guidelines for growth and jobs (Integrated Guidelines) and a policy-mix approach of the Lisbon Strategy could decrease economic divergences and be a great help towards economic recovery from the current financial crisis; stresses the need to improve and simplify the procedures and methodologies for revision and assessment of the implementation of those guidelines at the end of each year;

10.   Recognises that in the case of modernising efforts and economic performance, the countries that are most successful are those that combine forward-looking and well-balanced structural reforms with higher-than-average investment in research, development and innovation, education, lifelong learning and child-care, and the renewal of reliable social networks; notes that, for the most part, the same Member States have a highly efficient and transparent administration, with budget surpluses, lower-than-average debt rates, and high-quality, effective and targeted public spending, while showing signs of a contribution by technical progress to the national growth result that is almost twice the size of the EU average; notes, furthermore, that those ‘benchmark’ Member States are, as a result of their high employment rates, including the employment of women and older workers, and their particularly high birth rates, those that are best prepared for an ageing society and for guaranteeing a high level of competitiveness;

11.   Stresses the need for mutual reinforcement of stability and growth-oriented macroeconomic policies by making balanced policy and investment a matter of common concern; stresses the need to follow closely public balances through the efficient management of tax policy and expenditure and their impact on the demand side and, in parallel, agree on creating a favourable environment for cross-border operations by undertakings;

12.   Notes that the revised Stability and Growth Pact (SGP) has proven its value and that a strong consolidation of budgets has to be adhered to, as demographic change and possible decline in economic growth could lead to budgetary problems Member States in the euro area, which could have negative effects on the stability of the euro area as a whole; criticises, in this context, the lack of discipline in combating budgetary deficits in times of economic growth and stresses that Member States must more effectively work towards an anti-cyclical fiscal policy, in particular in order to be better prepared for external shocks; underlines, therefore, the need for a short-term strategy to reduce national debts and a sustainable and sound growth strategy, which will allow for a reduction of national debt to a maximum of 60 % in the long term;

13.   Notes that the main elements of the SGP must also be consistently adhered to in the future, because the thresholds of 3 % government deficit and 60 % government debt to gross domestic product were specified on the basis of the economic conditions of the 1990s; is of the opinion that the SGP must be adhered to strictly by the Member States and supervised by the Commission; is of the opinion that both debt targets should be treated as ceilings to be avoided; notes that an effective coordination of economic and financial policy is a precondition for the economic success of the EMU, although such coordination should respect the principle of subsidiarity; calls on the Commission to examine all possible ways in which the preventive arm of the SGP could be strengthened; stresses that existing supervisory instruments must be used better by the Commission and that the medium-term examination of national budgets by the Eurogroup must be strengthened;

14.   Supports the Commission's view that the revised SGP provides an important policy framework in times of highly stressed economic circumstances, and stresses that the implementation of the SGP should ensure that any deterioration of public finances is accompanied by measures adequate to tackle the situation, while ensuring that sustainable positions are being restored; believes, moreover, that budgetary policies should draw fully on the degree of flexibility permitted by the revised SGP and asks the Commission to give clear guidance to Member States on how to implement that flexibility;

15.   Considers that a sustainable and stable macroeconomic environment requires improving the quality of public finances including further budgetary consolidation, high efficiency of public spending and enhanced investment in education, human capital, research and development and infrastructure that is conductive to growth and could stimulate employment and which address major society concerns, such as climate change, in line with the objectives of the climate change and energy package and economic recovery from the current financial crisis;

16.   Takes the view that structural reforms should focus on increasing productivity through a better combination of economic and social policy, while ensuring a good level of social dialogue as defined in the Lisbon Strategy;

17.   Notes that competition policy should be complementary to structural policies and advocates support for the restructuring of the economy;

18.   Warns against focusing essentially on wage moderation as a way to achieve price stability; recalls, in this context, that increased competition resulting from globalisation has already led to downward pressure on wages, while the imported inflation triggered by the increase of the price of oil and other commodities has already caused a loss of consumer purchasing power; reiterates its conviction, once again, that this issue should, in particular, be addressed by means of a fairer distribution of wealth;

19.   Considers wage and tax policy to be efficient tools both for economic stabilisation and growth; is of the view that real wage increases in line with productivity levels should be ensured and that coordination of tax policy should be selectively used to achieve economic goals; considers that the fight against tax fraud, as regards both direct and indirect taxes, is particularly important and that that fight should be stepped up; underlines the need urgently to strengthen a culture of encouragement and involvement as part of the concepts of corporate governance and corporate social responsibility;

20.   Stresses the need for fair rules for the internal market; considers, therefore, that the race to the lowest corporate tax rates is counter-productive;

21.   Requests that Member States in the euro area strengthen the effective coordination of economic and financial policy, in particular by developing a coherent common strategy within the Eurogroup; supports the proposal of the Commission to demand medium-term framework programmes from Member States for their economic and financial policies and to control their implementation; underlines that every Member State must take responsibility for tackling structural reforms and improving its competitiveness in a cooperative manner so that trust in and acceptance of the euro is maintained;

22.   Notes that different patterns on structural reforms and degrees of openness have contributed to the diverging performances of euro area Member States; supports the Commission's conclusions in its Communication on EMU@10 as regards the insufficient catching up by several euro area economies and the increasing divergences between Member States in the euro area; calls for regular exchanges of views and cooperation within the Eurogroup with a view to achieving the common goal of accelerating the convergence process;

23.   Requests that the Commission handle, in a uniform manner, the common criteria in assessing economic and fiscal data; refers to the responsibility of the Commission and the Member States regarding the reliability of the statistical data, and demands that future decisions be taken only if there is no doubt regarding the validity and accuracy of the available data; requests also the option of launching investigations if there is a discrepancy over a number of years between the projected data of the stability and convergence programmes and the data which can realistically be expected;

Monetary policy

24.   Recalls its strong commitment to the independence of the ECB;

25.   Notes that the regular reports of the ECB to Parliament, in particular to its Committee on Economic and Monetary Affairs, contribute to the transparency of monetary policy and welcomes the possibility for Members of the European Parliament to put written questions to the ECB on monetary policy, thus improving the accountability of the ECB towards the citizens of the Union; supports the demand for a stronger public debate on the future common monetary and currency policies in the euro area;

26.   Considers that the monetary policy dialogue between Parliament and the ECB has been a success, and one which should be built on further; expects an improvement of the monetary dialogue on several points, such as coordinating the dates for the regular hearings of the ECB President with the ECB's calendar for monetary policy decisions so as to improve the analysis of the decisions, whilst retaining the possibility to invite the President of the ECB to discuss topical issues when necessary;

27.   Notes that the primary objective of the ECB's monetary policy is to maintain price stability, and that the ECB aims at inflation rates of below, but close to, 2 % over the medium term; points out that the objective of price stability can be achieved effectively only if the root causes of inflation are properly addressed; recalls that Article 105 of the EC Treaty also assigns to the ECB the task of supporting the general economic policies of the Community;

28.   Is of the opinion that the ECB should move towards a direct inflation targeting regime where a point inflation target is supplemented by a range of permitted fluctuations around the target rate; invites the ECB to publish its inflation forecasts; such a move toward a direct inflation targeting regime should not preclude focusing on the dynamics of monetary aggregates in order to avoid new asset bubbles;

29.   Considers that inflation is a global reality and that in an open economy it cannot be combated by EU monetary policy alone;

30.   Stresses its willingness to explore possible improvements in the procedure for appointing the members of the ECB's executive board before 2010; regards it as important that academic and/or professional experience and a variety of backgrounds in the economic, monetary and financial sector be represented among executive board members; draws attention to its calls for an ECB executive board of nine members with exclusive responsibility for setting interest rates, thus replacing the system existing now and avoiding the even more complex solution decided upon for the future; urges that a corresponding change to the Treaty be adopted;

Integration and supervision of financial markets

31.   Believes that financial integration should mean more economic growth and competitiveness in addition to more stability and liquidity in the internal market;

32.   Notes that the main financial centre in the European Union is outside the euro area; nevertheless recalls that EC legislation covers all Member States and market players active in the internal market; believes that the European Union urgently needs to enhance its supervisory structure taking into account the specific role of the ECB;

33.   Is of the view that much remains to be done in the area of the clearing and settlement of cross-border securities transactions, where no real integration exists to date;

34.   Underlines that, with regard to retail services, more integration is needed, without such integration being to the detriment of consumer protection; believes that customer mobility, financial literacy, access to basic services, and comparability of products need to be improved;

35.   Considers a Europeanisation of the financial supervision structure, financial market transparency, effective competition rules and appropriate regulation to be necessary in the medium term, in order to improve crisis management and cooperation between the European System of Central Banks (ESCB), supervisory authorities, governments and market participants; takes the view that an integrated, comprehensive (covering all financial sectors), consistent and coherent supervisory framework starting with a balanced approach in regulating the cross-border spread of financial risk on the basis of harmonised legislation would decrease compliance costs in the case of multi-jurisdiction activities; notes that ‘gold plating’ (regulating beyond the minimum requirements of EC legislation) as well as regulatory arbitrage should be avoided; calls on the Commission to put forward proposals for revising the existing supervisory architecture along those principles; is of the opinion that any supervisory role of the ECB should be extended beyond the borders of the euro area, via the ESCB;

36.   Welcomes the Memorandum of Understanding on Cooperation between the Financial Supervisory Authorities, Central Banks and Finance Ministries of the European Union on Cross-Border Financial Stability agreed in spring 2008; underlines, however, that that Memorandum of Understanding is soft law only and relies upon Member States' willingness to cooperate with each other; is of the opinion that even if rules on burden sharing are very difficult to define ex ante, the work relating to crisis management needs to continue;

37.   Highlights that the European Union, as the world's largest economic area with the largest financial markets, should play a leading role at international level in terms of reforming the regulatory system for financial services for the benefit of all countries involved and overall stability; considers that financial stability should become a fundamental goal of policy making in a world of increasingly integrated financial markets and financial innovation, which may sometimes have destabilising effects on the real economy and bear systemic risks; is convinced that any ambitious decisions adopted at EU level will encourage other countries to follow, and, in this respect, highlights the responsibility for also tackling global or ‘off-shore’ problems; takes the view that the political accountability of the international regulatory bodies needs to be addressed in parallel with such regulatory work;

38.   Requests that the Commission examine the creation of European bonds and develop a long-term strategy which enables the issuing of such bonds within the euro area, in addition to Member States' national bonds; refers to the need for an appraisal of its consequences for both international financial markets and the EMU;

Enlargement of the euro area

39.   Requests that all Member States outside the euro area observe the Maastricht criteria and the reformed and generally flexible SGP; considers that a strict interpretation of the SGP and the use of the exclusion criteria before any possible accession must be ensured by the Commission; considers that equal treatment of the Member States within the euro area and those wishing to join must be ensured; notes, in this context, that the long-term stability of the euro area must be regarded as an aim of common interest and that enlargement and stability must go hand in hand; deems it essential that Member States in the euro area and those with a special status strictly fulfil their obligations and leave no doubt about the common aims of price stability, independence of the ECB, budget discipline or their fostering of growth, employment and competitiveness;

40.   Considers that the Member States outside the euro area that fulfil the Maastricht criteria and have no derogation in the Treaty should adopt the common currency at the earliest possible opportunity;

41.   Stresses that membership of the euro area requires full adherence to the Maastricht criteria, as specified in the Treaty and the Protocol to Article 121 of the Treaty, namely: a high degree of measured price stability, as well as the sustainability of such price stability, public finances without excessive deficit, membership of ERM II for at least two years, observation of the normal fluctuation margins, adjustment of long-term interest rates, compatibility of the legal rules with the provisions of the Maastricht Treaty relating to the EMU, and an independent central bank;

42.   Is of the opinion that one of the most challenging aspects of joining the euro area is to ensure the sustainability of the Maastricht criteria; underlines, however, that, at the same time, the Maastricht criteria are also a first step on the way to keeping reform processes on track, including further commitments and efforts regarding structural reforms, investment and economic coordination;

43.   Welcomes the stronger and efficient supervision of Member States participating in ERM II and wishing to join the euro area, as well as their economic development; notes that successful participation in the ERM II must remain a real precondition and not only a secondary requirement for membership of the euro area; the same accession requirements must be applied to all Member States joining euro area;

44.   Regards an enduring and successful expansion of the euro area as a major challenge for the coming years and that both the ECB's institutional standards and its decision-making process have to be adapted to this change and the rotation model has to take into account the economic weight of individual Member States;

45.   Stresses, in connection with enlargement of the euro area, the desirability of a high level of convergence in the real economy in order to limit the strain involved, both for the euro area and the Member States wishing to join; considers, in this context, that facilities in favour of those Member States participating in the euro area, where the single monetary policy may have a particularly contractive effect, should be established;

46.   Stresses the importance, in the interests of future enlargements, to establish targeted interventions to support Member States outside the euro area that have been particularly hit by the current financial crisis;

Communication

47.   Emphasises that while in the euro area to date a high degree of price stability has been maintained, ‘perceived inflation’ has substantially diverged from the lower actual inflation rates in the Member States during the last 10 years; demands, therefore, better information and clarification of facts for the population about the need for and operation of the EMU, in particular with regard to price stability, international financial markets, and the advantages of stability within the euro area in international financial crises;

48.   Considers that the single currency remains a communication priority for the European Union; believes that the benefits of the euro and of the EMU — price stability, low interest rates on mortgages, easier travel, protection against exchange-rate fluctuations and external shocks — must continue to be presented and explained to the public in detail; believes that particular emphasis should be placed on keeping citizens of the Union, consumers and small and medium-sized enterprises (SMEs), who do not have sufficient capacity to adjust immediately to new developments and challenges for the euro, informed and updating them on developments;

49.   Calls on the ECB, in its annual report or in a special report, to undertake an annual quantitative analysis of the benefits that the euro has brought to ordinary citizens, with concrete examples of the manner in which the use of the euro has had positive effects on people's daily lives;

50.   Considers that communication is of utmost importance in preparing the introduction of the euro in the Member States planning to join the euro area; notes that communication on the enlargement of the euro area is also important for all Member States in the euro area;

51.   Considers that the Commission must concentrate its efforts on helping the new Member States to prepare their citizens for the adoption of the euro by undertaking an intensive information campaign, supervising its implementation where such a campaign is already underway and reporting regularly on best practises on the implementation of the National Action Plans for the adoption of the euro; considers also that best practices and know-how acquired from the previous changeovers is likely to be useful for the changeover of the new Member States and for the forthcoming enlargement and preparation of the new applicant countries;

International role of the euro and external representation

52.   Welcomes the quick development of the euro as the second most important reserve and transaction currency after the US dollar, with a share of 25 % of global foreign exchange reserves; notes that particularly in the countries neighbouring the euro area, the euro plays an important role as a financing currency and that those countries' respective exchange rates are aligned to the euro; approves expressly the ECB's opinion that the introduction of the euro is the last step towards a structured convergence process within the European Union, and that thus the introduction of the euro is possible only under the EC Treaty;

53.   Takes the view that the EMU policy agenda for the next decade will be marked, inter alia, by the challenges presented by emerging Asian economies and the current global financial crisis; regrets that in spite of the growing global role of the euro, attempts to improve the external representation of the euro area on financial and monetary matters have not made much progress; stresses that the euro area must build an international strategy commensurate with the international status of its currency;

54.   Recalls that the most effective way for the euro area to align its influence with its economic weight is by developing common positions and consolidating its representation, ultimately obtaining a single seat in the relevant international financial institutions and forums; urges the euro area Member States, inter alia to speak with a single voice on exchange rate policies;

55.   Stresses that the euro is being used as a national currency outside the euro area; considers that the implications of such use need to be analysed;

56.   Points out that the important role of the euro in international financial markets brings with it obligations, and that the effects of monetary as well as growth policy in the euro area have a global impact; emphasises the increased importance of the euro for international trade and services as a stabiliser in the global environment, as an engine for financial market integration and as a basis for increasing direct investments and cross-border company mergers, as transaction costs could be substantially reduced; calls for a study on global imbalances and the role of the euro and possible adjustment scenarios to prepare the European Union better for tackling major external shocks;

57.   Suggests stronger forward-looking cooperation and an enhanced international dialogue between the responsible authorities of the most important currency blocks, to improve the management of international crises and help to tackle the consequences of currency movements on the real economy; recalls the common successful crisis management at the beginning of the recent US ‘sub-prime credit crisis’ as well as the crisis in the immediate aftermath of the events of 11 September 2001, which helped to prevent an instant meltdown of the US dollar;

58.   Supports the intention of the Commission to strengthen the influence of the EMU in international financial institutions with a common EU position represented by selected representatives, such as the president of the Eurogroup, the Commission and the president of the ECB; notes that, in practice, the president of the Eurogroup, the Commission and the president of the ECB are already permitted to participate as observers in the most important international financial institutions; demands, however, a better coordination of European positions so that common European monetary policy will be represented by its legitimate representatives in future; expects that a euro area position on the exchange rate policies of its main partners will be expressed; calls on the president of the Eurogroup to represent the euro area at the Financial Stability Forum (FSF); suggests that the statutes of the International Monetary Fund (IMF) be amended to allow the representation of economic blocks and organisations;

59.   Stresses that a common EU approach is needed regarding the reform of international financial institutions, which should take into account the challenges of a global economy including the emergence of new economic powers;

60.   Regrets that in its Communication on EMU@10 the Commission has not conducted a more detailed and precise analysis of the euro's international role; calls on the Commission to produce a detailed report on the external dimension of the common monetary policy and on its repercussions for the euro area's economic and trading performance;

61.   Stresses that the monetary policies pursued by some of the European Union's partners are designed to under-value their currency, something which has an unfair impact on trade and could be seen as a non-tariff barrier to international trade;

EMU economic instruments and governance

62.   Considers that all relevant parties — Parliament, the Council, the Commission, the Eurogroup, and the social partners at EU and national level — should work together to strengthen future working of the EMU as regards economic governance on the basis of the following suggestions:

(a)	as an essential component of the Lisbon Strategy and the central economic instrument, the Integrated Guidelines should, with the aim of a balanced ‘policy-mix approach’, pursue mutually inspiring reforms in the areas of employment, the environment and social security;

(b)

the Integrated Guidelines should establish a broad framework for closer economic policy coordination in order to align National Reform Programmes (NRPs), taking into account, however, economic diversity and differing national traditions; a consultation of national parliaments regarding the stability and convergence programmes and the NRPs should be established;

(c)

a stronger link between the Integrated Guidelines, in particularly the Broad Economic Policy Guidelines (BEPG), and the stability and convergence programmes, should be established; the stability and convergence programmes and the NRPs could be presented at the same time (annually at the beginning of autumn) after a debate in the national parliament; the BEPGs could include common budgetary objectives in line with the preventive arm of the SGP;

(d)

Member States' governments should, when deciding on their national budgets, take into account the Integrated Guidelines and the country-specific recommendations as well as the overall budgetary situation in the euro area; the different national fiscal calendars and the main assumptions used in the underlying forecasts should be harmonised in order to avoid disparities caused by the use of different macroeconomic forecasts (global growth, EU growth, price of oil barrel, interest rates) and other parameters; calls on the Commission, Eurostat and the Member States to work towards the definition of tools to enhance the comparability of national budgets as regards spending in different categories;

(e)

more formal recommendations for the euro area Member States, such as setting targets regarding medium-term expenditure, specific structural reforms, investments, quality of public finance, should be used whenever possible; a more standardised reporting structure in the context of the NRPs should also be pursued, without hampering national reform priorities; all commitments, targets and benchmarks should be fully incorporated in the Integrated Guidelines and the NRPs in order to improve the coherence and efficiency of economic governance;

(f)	a long-term strategy, in good times, to reduce national debt to below a maximum of 60 % of GDP should be included in the framework for economic governance as it would reduce the cost of debt servicing and the cost of capital for private investments;

(g)	a binding framework within which euro area Member States consult each other and the Commission before taking major economic policy decisions, such as in the case of measures to tackle higher food and energy prices, should be established;

(h)

economic coordination should take the form of an integrated ‘European Economic and Employment Strategy’ on the basis of the existing economic policy instruments — in particular the Lisbon Strategy, the Integrated Guidelines, the Sustainable Development Strategy, and the convergence and stability programmes; calls upon Member States' governments, under the leadership of the president of the Eurogroup, to support economic activity in a coherent manner, at the same moment and in the same direction;

(i)	the European Economic and Employment Strategy referred to in point (h) should recognise the potential of new and green technology as a cornerstone of economic growth coupled with a macroeconomic policy mix;

(j)	the financing of innovative enterprises, in particular SMEs, should be facilitated, inter alia by the establishment of a ‘European Smart Growth Fund’ by the European Investment Bank;

(k)	the Annual Report on the euro area should deliver a more practical range of instruments and evaluations to make it possible to hold a more detailed dialogue between the various EU bodies that are involved in economic governance;

(l)	a code of conduct between Parliament, the Council and the Commission, which would guarantee proper cooperation and the full involvement of those three EU institutions concerned in the appropriate further handling of the Integrated Guidelines, as key economic instruments needs to be established;

(m)

the institutional set-up up for economic policy coordination should be strengthened as follows: — Eurogroup formations should also be established in the field of competitiveness/industry, environment, employment and education; — the Eurogroup should be provided with a stronger institutional setting and more human resources; — the mandate of the president of the Eurogroup should be in line with the economic cycles of the Integrated Guidelines; — the Economic Policy Committee should be absorbed into the Economic and Financial Committee so as to constitute a single and coherent preparatory body for the Economic and Financial Affairs Council and the Eurogroup; — a Parliament representative should be given observer status within the Eurogroup and at informal Council meetings; — meetings between the Troika, Parliament and the Commission should be organised four times a year, and, when necessary, with the Eurogroup;

(n)

a more regular and structured dialogue on macroeconomic issues between Parliament, Commission and the Eurogroup, similar to the monetary dialogue between the Parliament and the ECB, should be established to take place at least quarterly, in order to deepen the existing frameworks and debate challenges facing the economy of the euro area; and

(o)	an active dialogue needs to be established between Parliament, the Eurogroup, the ECB and the European Economic and Social Committee for the purpose of conducting discussions about the appropriate policy mix;

63.   Takes the view that the EMU policy agenda for the next decade will be marked, in particular, by the challenges presented by the recent financial market turmoil and its implications for the real economy; notices positively, in this context, that Member States within the euro area are better equipped to face major shocks than in the past thanks to a common monetary policy and reforms carried out in recent years; with a view to largely combating the economic slowdown and high inflation, however, calls for:

(a)	a coordinated response at the EU level, based on a common understanding of the problems and common follow-up measures while accepting some national specificities; including coordination of NRPs;

(b)	ambitious and adjusted NRPs and a commitment to their implementation, including a review of national budgets to react to the latest economic forecasts, counteract economic recession and foster growth, while establishing a strong dialogue with social partners;

(c)	measures supporting SMEs, in particular, to complement recent European Investment Bank action and to ensure sustained credit lines to SMEs by the banking system;

(d)	a definition of targeted measures to protect vulnerable groups from the effects of the current financial crisis;

(e)	fully and timely implementation of the Financial Services roadmap, including follow-up actions and increased effectiveness of supervision in regards to the ongoing financial turmoil;

(f)	the enhancement of crisis-resolution arrangements by improving the EU rules on winding-up and by setting up clearly defined and unanimously acceptable arrangements of burden-sharing among the relevant Member States in cases of insolvency within cross-border financial groups;

(g)

completion of the tools used for designing monetary policy by the thorough analysis of factors that influence the stability and functioning of the financial system, inter alia as regards the transfer of monetary policy, the development of credit and financial assets, the characteristics of new products, and the concentration of risks and liquidity;

(h)	a proactive European reaction within international forums, notably the FSF and the IMF and for the increase of common political decision-making processes; and

(i)	the formulation of a European Union voice within the G8 and the reflection of the European Union's role as a more efficient world-wide economic decision-making body while adjusting such a role to the consequences of globalisation and more dominant global financial markets;

(j)	better and more efficient coordination between the World Trade Organisation and the Bretton Woods institutions (the IMF and the World Bank Group) in order to combat speculation and meet the challenges posed by the serious crisis;

(k)

in view of the serious current monetary turbulence, a world monetary conference to be organised under the auspices of the IMF in order to hold global consultations on monetary questions; also consideration to be given to the feasibility of setting up a monetary disputes settlement mechanism within the framework of the IMF;

*

* *

64.   Instructs its President to forward this resolution to the Council, the Commission, the European Central Bank, the European Economic and Social Committee, the president of the Eurogroup, and the governments and parliaments of the Member States.

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(1)  Texts Adopted, P6_TA(2008)0506.

(2)  OJ C 314 E, 21.12.2006, p. 125.

(3)  OJ C 175 E, 10.7.2008, p. 569.

(4)  Texts Adopted, P6_TA(2008)0057.

(5)  OJ C 282 E, 6.11.2008, p. 422.

(6)  OJ C 287 E, 29.11.2007, p. 535.

(7)  OJ C 304 E, 1.12.2005, p. 132.

(8)  OJ C 74 E, 20.3.2008, p. 780.

(9)  Texts Adopted, P6_TA(2008)0357.

(10)  OJ C 298 E, 8.12.2006, p. 249.

(11)  OJ C 146 E, 12.6.2008, p. 251.

(12)  Texts Adopted, P6_TA(2008)0287.

(13)  OJ C 291 E, 30.11.2006, p. 118.

(14)  OJ C 157 E, 6.7.2006, p. 73.

(15)  Texts Adopted, P6_TA(2008)0425.

(16)  OJ C 35, 2.2.1998, p. 1.

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22.1.2010

EN

Official Journal of the European Union

CE 16/21

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Application of the principle of equal pay for men and women

P6_TA(2008)0544

European Parliament resolution of 18 November 2008 with recommendations to the Commission on the application of the principle of equal pay for men and women (2008/2012(INI))

(2010/C 16 E/04)

The European Parliament,

—	having regard to Article 192, second paragraph, of the EC Treaty,

—	having regard to Articles 2 and 141, third paragraph of the EC Treaty,

—	having regard to the Commission's Communication of 18 July 2007 entitled Tackling the pay gap between women and men (COM(2007)0424),

—	having regard to the Report by the Commission's network of legal experts in the fields of employment, social affairs and equality between men and women of February 2007 entitled Legal Aspects of the Gender Pay Gap,

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

—	having regard to the case law of the Court of Justice of the European Communities based on Article 141 of the EC Treaty,

—	having regard to the provisions of the International Labour Organisation's (ILO) 1994 Part-Time Work Convention, which requires countries to incorporate into their public procurement contracts a labour clause, including the issue of equal pay,

—	having regard to Article 11(1)(d) of the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the UN General Assembly by Resolution 34/180 of 18 December 1979,

—	having regard to the European Social Partners' Framework of Actions on Gender Equality of 1 March 2005 and its follow-up reports,

—	having regard to its resolutions of 13 March 2007 on a roadmap for equality between women and men (2006-2010) (1) and 3 September 2008 on equality between women and men — 2008 (2),

—	having regard to Rules 39 and 45 of its Rules of Procedure,

—	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 (A6-0389/2008),

A.	whereas women earn on average 15 % less than men in the European Union and up to 25 % less in the private sector; whereas the gender pay gap varies between 4 % and more than 25 % in Member States and this gap does not show any sign of significantly narrowing,

B.	whereas women need to work until 22 February (i.e. 418 calendar days) in order to earn as much as men do in a year,

C.	whereas the implementation of the principle of equal pay for the same work and for work of equal value is crucial to achieving gender equality,

D.

whereas the gender pay gap still persists, as evidenced by data pointing to extremely slow progress (from 17 % in 1995 to 15 % in 2005), in spite of the significant body of legislation in force for more than 30 years and the actions taken and resources spent on trying to reduce it; whereas the causes of this discrepancy need to be analysed and approaches to tackling the pay gap and the segregation of the female employment market of which it is an adjunct need to be put forward,

E.	whereas women achieve a higher pass rate at school than men in all Member States and account for the majority of graduates, without a comparable pay gap reduction,

F.

whereas the pay gap results from direct and indirect discrimination, as well as from social and economic factors, labour market segregation and the overall wage structure and is, moreover, linked to a number of legal, social and economic factors, which go beyond the single issue of equal pay for the same work,

G.

whereas the pay gap is not based solely on disparities in gross hourly earnings and account should also be taken of factors such as individual pay supplements, job classification, work organisation patterns, professional experience and productivity, which should be measured not only in quantitative terms (hours when the worker is physically present at the workplace) but also in qualitative terms and in terms of the impact on earnings of shorter working hours, leave and health-related absences,

H.	whereas reducing the pay gap was one of the objectives of the Lisbon Strategy for Growth and Jobs, but it has not been sufficiently addressed by most Member States,

I.	whereas an improvement in the EU legal framework should enable Member States and social partners to identify better the underlying causes of the persistence of the gender pay gap,

J.	whereas professions and jobs in which women predominate have a tendency to be undervalued in comparison with those in which men predominate, without necessarily being justified by any objective criteria,

K.	whereas the gender-based digital divide that exists clearly impacts on pay,

L.

whereas the pay system, whereby length of service is taken into account in setting the level of pay, is unfavourable to women who have (repeatedly) to interrupt their career because of external factors, such as child-related employment breaks, differing occupational choices or short working times, and places these women at a permanent and structural disadvantage,

M.

whereas data indicate that qualifications and experience acquired by women result in financially lower rewards than those acquired by men; whereas, in addition to the concept of ‘equal pay for work of equal value’, which must not be biased by a gender-stereotyped approach, societal roles that have hitherto significantly influenced education and employment paths must be broken away from; furthermore maternity and parental leave must not give rise to discrimination against women in the labour market,

N.

whereas the pay gap has a serious impact on the economic and social status of women throughout their working life and beyond, whereas as a result of contributing to society by means other than employment, such as by looking after children and elderly relatives, many women are at greater risk of poverty, and are less economically independent,

O.	whereas the pay gap is even more pronounced among immigrant women, women with disabilities, women belonging to minorities and unqualified women,

P.	whereas gender-specific data and a new gender-aware legal framework, enabling the causes of pay discrimination to be tackled, are essential,

Q.	whereas education can and must contribute to eradicating gender stereotypes from society,

R.	whereas Parliament has repeatedly called on the Commission to take initiatives, including the revision of existing legislation, in order to help to tackle the pay gap, to eliminate the risk of poverty among pensioners and to secure for them a decent standard of living,

S.

whereas Directive 2006/54/EC of the European Parliament and of 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) (3) states that the principle of equal pay for equal work or work of equal value is an essential and indispensable part of the aquis communautaire, including the case law of the Court of Justice concerning discrimination and gender, and it is necessary to make further provision for the implementation of that principle,

T.	whereas the implementation by the Member States, social partners and equal opportunity organisations of measures such as those set out in the above- mentioned Framework of actions on gender equality of 1 March 2005, would help to close the pay gap through effective social dialogue,

U.

whereas a strategy to remedy the pay gap, horizontal and vertical segregation of the labour market and stereotyping of the jobs and sectors where women typically predominate will require a framework for legislative and other measures at various levels which distinguishes between pay discrimination and pay differences based on factors other than direct or indirect discrimination, since while the former falls directly within the scope of legislation, the latter has to be tackled by means of targeted policies and specific measures,

V.	whereas the Commission, as announced in its abovementioned communication of 18 July 2007, is, during the course of 2008 carrying out an analysis of the EU legal framework on equal pay that must involve all stakeholders concerned; whereas the results of this analysis should be given due publicity,

W.	whereas equality in male and female pensions, inter alia regarding the retirement age, has been set as a goal,

X.	whereas the European Gender Institute can play a fundamental role in monitoring the development of the gender pay gap and analysing the causes of this gap, as well as in assessing the impact of legislation,

1.   Requests the Commission to submit to Parliament by 31 December 2009, on the basis of Article 141 of the EC Treaty, a legislative proposal on the revision of the existing legislation relating to the application of the principle of equal pay for men and women (4), following the detailed recommendations annexed;

2.   Confirms that the recommendations respect the principle of subsidiarity and the fundamental rights of citizens;

3.   Considers that the requested proposal will not have any financial implications;

4.   Is convinced that it is essential to ensure better and earlier implementation of the provisions of Directive 2006/54/EC, relating to equality organisations and social dialogue with a view to redressing differences in pay by ensuring that the Member States, social partners and equal opportunity organisations apply measures such as those set out in the above mentioned Framework of actions on gender equality of 1 March 2005, by providing for the distribution of information and guidelines on practical means (particularly for SMEs) of redressing the pay gap, including national or sectoral collective agreements;

5.   Points out that collective negotiation and bargaining have an important role to play in combating discrimination against women, not least as regards access to employment, pay, working conditions, career advancement, and vocational training;

6.   Calls on the European institutions to organise a European Equal Pay Day — the day on which women in Europe have earned (on average) the pay which men earn (on average) in a year — which must contribute to raising awareness about the existing wage gap and encourage all those involved to take additional initiatives to eliminate this gap;

7.   Calls on workers' and employers' organisations to jointly develop objective job evaluation instruments, in order to reduce the pay gap between men and women;

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

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(1)  OJ C 301 E, 13.12.2007, p. 56.

(2)  Texts Adopted, P6_TA(2008)0399.

(3)  OJ L 204, 26.7.2006, p. 23.

(4)  Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (OJ L 45, 19.2.1975, p. 19) has been incorporated in Directive 2006/54/EC. According to the provisions of Directive 2006/54/EC, Directive 75/117/EEC is repealed as from 15 August 2009, which is also the last limit set to implement this Directive.

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22.1.2010

EN

Official Journal of the European Union

CE 16/28

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Supporting early demonstration of sustainable power generation from fossil fuels

P6_TA(2008)0545

European Parliament resolution of 18 November 2008 on supporting early demonstration of sustainable power generation from fossil fuels (2008/2140(INI))

(2010/C 16 E/05)

The European Parliament,

—	having regard to the Commission Communication of 23 January 2008 entitled Supporting early demonstration of sustainable power generation from fossil fuels (COM(2008)0013) and the accompanying Commission staff working document on impact assessment (SEC(2008)0047),

—

having regard to the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading system of the Community (COM(2008)0016) and the accompanying Commission staff working document on impact assessment (SEC(2008)0052),

—

having regard to the proposal for a directive of the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directives 85/337/EEC, 96/61/EC, Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC and Regulation (EC) No 1013/2006 (COM(2008)0018) and the accompanying Commission staff working document on impact assessment (SEC(2008)0054),

—

having regard to the Commission Communication of 22 November 2007 entitled A European strategic energy technology plan (SET-Plan): Towards a low carbon future (COM(2007)0723) and the accompanying Commission staff working documents on a technology map (SEC(2007)1510) and a capacities map (SEC(2007)1511),

—	having regard to the Commission Communication of 23 January 2008 entitled 20-20 by 2020: Europe's climate change opportunity (COM(2008)0030),

—	having regard to the Commission Communication of 10 January 2007 entitled An energy policy for Europe (COM(2007)0001),

—	having regard to Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (1),

—	having regard to Rule 45 of its Rules of Procedure,

—	having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0418/2008),

A.	whereas according to the latest scientific and technological findings, without massive research and development investment in other technologies, the use of fossil fuels within the EU will continue to be necessary for some decades to come to ensure security of energy supply,

B.	whereas coal is the only fossil fuel available in the EU which is capable of curbing the growing dependence on oil and gas imports from unstable third countries, and, as such, has strategic significance,

C.	whereas, while in many Member States coal plays a major role in the energy mix, coal-fired power stations require major modernisation and investment to reduce the generation of greenhouse gas emissions,

D.	whereas many Member States possess large coal reserves which, it is estimated, will last well into the next century,

E.

whereas the widespread use of carbon dioxide capture and storage (CCS) technologies, — in power stations and also on a long term basis in industrial sectors with large CO2 emissions, — could help in the attainment of ambitious EU climate targets beyond 2020, and whereas the use of these technologies complements energy efficiency efforts on the supply and demand side and in the field of renewable energies,

F.	whereas, in many growing economies in the world, energy production depends on coal and any climate policy achievements in those regions are very closely linked to the possibility of using coal with reduced emissions,

G.	whereas the use of CCS technologies in power stations from 2020 will only be possible if demonstration projects produce new and necessary developments in technology, and improvements in efficiency and economic viability whilst at the same time ensuring respect for the environment,

H.	whereas delays in constructing demonstration facilities cast into doubt the use of CCS technologies in power stations and thus the attainment of climate policy targets,

I.	whereas there is as yet no suitable and necessary legislative framework for the use of CCS technologies,

J.	whereas existing Community legislation in this area must be transposed as soon as possible by national or regional legislation and must be supplemented by new legislative proposals, particularly as regards the establishment of transport infrastructures,

K.	whereas the lack of legislation makes it difficult for undertakings to take investment decisions and for potential investors to act in the financial markets,

L.	whereas the construction of at least 12 demonstration facilities must be supported, and demonstration projects at EU level should be selected on the basis of whether they will provide the necessary findings as regards individual technologies and the various transport and storage options,

1.   Underlines that the aim of EU climate policies should be the worldwide reduction of greenhouse gas emissions;

2.   Recalls the 2005 Special Report on CCS by the Intergovernmental Panel on Climate Change (IPCC) which identified CCS as a promising technology for the rapid reduction of global greenhouse gas emissions, with the potential to achieve a reduction of up to 55 % by 2100;

3.   Recognises that the use of CCS technologies can contribute to attaining the EU`s stated climate targets after 2020; points out however that support for the use of CCS technologies complements the efforts being made in improving energy efficiency and increasing the use of renewable energies;

4.   Recalls the commitment by the European Council of 8 and 9 March 2007 to stimulate the construction and operation by 2015 of up to 12 demonstration facilities for sustainable fossil fuel technologies in commercial power generation;

5.   Stresses the need to ensure that national debates are held, and all specialists in the area are involved, in conveying the importance of the early demonstration of sustainable power generation from fossil fuels;

6.   Endorses the view that the construction of at least 12 demonstration facilities within the EU is necessary in order to achieve the desired use of CCS technologies in power stations and to secure CO2 storage from 2020; takes the view in this context that if possible, the demonstration of CCS technologies shall also be supported in other industrial facilities before 2020; points out that the demonstration of CCS processes in the capture, transport, and storage phases needs to establish whether CCS technologies can be used safely and whether they are a cost-effective solution to the problem of climate change;

7.   Views the further development and use of CCS technologies as a means of making progress towards achieving at the same time the objectives of security of supply, climate protection and competitiveness;

8.   Takes the view that in the light of the role played by fossil fuels in the energy mix of many countries worldwide, CCS technologies in the EU could, in addition to the efforts being made to increase energy efficiency and the use of renewable energies, contribute to achieving security of supply and climate protection;

9.   Stresses that binding and strict criteria should be set for the long-term safety and permanence of storage sites;

10.   Considers that storage under the seabed can, in the event of accidents, endanger marine ecosystems;

11.   Takes the view that the measures unveiled by the Commission are not sufficient to provide the desired incentives for constructing at least 12 demonstration facilities by 2015;

12.   Calls on the Commission to produce a detailed assessment of the cost of, and the share of private and public funding in, each of the 12 demonstration facilities;

13.   Considers that a direct financial commitment is necessary in order to ensure that 12 demonstration facilities are constructed;

14.   Points out that investment decisions and capital acquisition on financial markets for demonstration facilities are made more difficult by the absence of a legislative framework, in particular at national and regional level, and by uncertainties about future movements in emission trading allowance prices;

15.   Takes the view that the time delay between the potential support from emissions trading from 2013, and the necessary planning and construction phase of demonstration facilities, can be overcome by making financial resources available;

16.   Proposes in this connection that the risk sharing finance facility resources held back after the adoption of the Seventh Framework Research Programme until the mid-term review, should be committed for CCS demonstration facilities so as to make resources available promptly to support these projects and, if possible, to supplement them with other funds in cooperation with the European Investment Bank, as envisaged by the Commission;

17.   Considers furthermore that, in connection with the EU emission trading scheme (EU ETS), incentives for CCS technology production should be increased, by allocating, within the EU ETS, allowances for anticipated CCS technology production with an increase of at least 25 % from 2013; considers further that such allowances should, however, be allocated at least two years prior to construction so that they can be traded; considers alternatively, that an allocation of 500 million emission trading allowances for the support of the projects within the EU should be envisaged; furthermore encourages the Member States to use proceeds from auctioning emission allowances in the framework of the EU ETS to support CCS technologies and the necessary infrastructure;

18.   Considers it imperative that at least the 12 demonstration facilities earmarked for assistance should cover all possible combinations of the three CCS technologies with the various energy sources and storage options and for these facilities to be sited with a view to maximum geographical spread across the EU;

19.   Strongly recommends that power station projects with a proposed minimum output of 180 MW, be included in the selection;

20.   Takes the view that the necessary basis for authorisation procedures for transport and storage should be created forthwith at national and regional level;

21.   Regards as necessary an additional EU commitment on facilitating development of the necessary transport infrastructure, and notes in this regard that the authorisation procedures in individual Member States for other transport infrastructures can last for years; in this connection points to the importance of shortening such procedures to ensure construction by 2020;

22.   Regards the use of structural fund resources for CCS demonstration facilities as an option only if individual regions have not yet committed the appropriations or submitted proposals for other long-term projects, and emphasises that the acceptance of climate protection efforts will decrease if appropriations for improving economic and social cohesion have to compete with climate protection measures;

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

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(1)  OJ L 412, 30.12.2006, p. 1.

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22.1.2010

EN

Official Journal of the European Union

CE 16/33

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Special Report by the European Ombudsman following the draft recommendation to the Council of the European Union in complaint 1487/2005/GG

P6_TA(2008)0555

European Parliament resolution of 20 November 2008 on the Special Report by the European Ombudsman following the draft recommendation to the Council of the European Union in complaint 1487/2005/GG (2008/2072(INI))

(2010/C 16 E/06)

The European Parliament,

—	having regard to the Special Report from the European Ombudsman to the European Parliament,

—	having regard to Article 195(1), second subparagraph, of the EC Treaty,

—	having regard to Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (1), particularly Article 3(7) thereof,

—	having regard to the studies carried out by the Commission, as published in Special Eurobarometer Nos 237 and 243, on the dissemination of languages in the European Union,

—	having regard to Article 3(5) of the Statute of the Ombudsman, which directs the Ombudsman to seek, as far as possible, a solution with the institution concerned in order to eliminate the instance of maladministration and satisfy the complainant,

—	having regard to Rule 195(2), first sentence, of its Rules of Procedure,

—	having regard to the report of the Committee on Petitions (A6-0395/2008),

A.	whereas improved transparency, the promotion of multilingualism and the provision of accurate information to the public are objectives which are given the highest priority by the EU and its institutions,

B.	whereas ease of access to information for as many EU citizens as possible is an important prerequisite for, and a basic element of, the general principles of democratic legitimacy and transparency,

C.	wishing to enable as many citizens as possible to have direct access to information on the activities of the EU institutions in all their formations,

D.	whereas this wish must be reconciled with the logistical challenge posed by a large number of official EU languages,

E.	whereas the Internet is an increasingly important means of obtaining information and must, accordingly, be used by the European Union in its efforts to achieve transparency and disseminate information,

1.   Endorses the conclusions of the Ombudsman, namely that:

(a)	the Council, like every EU institution, is, in the first instance, itself responsible for the websites of its presidency and the languages used thereon;

(b)	the practices followed in the Council cannot be pursued in a way which is completely isolated from uniform implementation by the institutions and their formations;

(c)	the information on these websites should, ideally, be made available in good time in all official languages of the Community;

(d)	if the number of languages is to be limited, the choice of the languages to be used must be based on criteria of objectivity, reasonableness, transparency and manageability;

(e)	the Council's refusal to address the substance of the complainant's request constitutes an instance of maladministration;

2.   Is astonished to note, in this regard, that the Council does not consider itself empowered to address this question, even though it is one which affects all Member States and the Council could make recommendations to all future presidencies;

3.   Notes with regret that the Council, unlike other institutions such as the Commission and Parliament, which have significantly improved the number of languages available in their communication with citizens, has so far completely avoided addressing in a substantive way the question of the language options of the websites of its presidencies;

4.   Invites the Council to conduct a comprehensive review of the question of expanding the language options of the websites of its presidencies, irrespective of the question of responsibility or authority for these websites, so as to ensure that as large a section as possible of the population of the European Union has easy and direct access to information on its activities; calls on the Council to inform Parliament of the results of its deliberations;

5.   Stresses that any reduction of the language options which may prove necessary must be undertaken on the basis of objective and sufficiently justified criteria, that it must be announced publicly and that only the language of the incumbent presidency may have priority until the end of such presidency;

6.   Supports the recommendation of the Ombudsman to the Council that it examine the complainant's request that the websites of the Council presidencies be also made available in German;

7.   Welcomes the fact that, in contrast to the practice of past presidencies, whereby websites were only available in English, French and the language of the incumbent presidency, the French Council Presidency publishes its official website in the most widely spoken official languages of the European Union (English, German, French, Italian and Spanish);

8.   Addresses itself to all future Council presidencies, in the hope that they will make their websites available in as many languages as possible and, in the event of a restriction on the number of languages, will use the most widely spoken official languages according to an order of priority;

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

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(1)  OJ L 113, 4.5.1994, p. 15.

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22.1.2010

EN

Official Journal of the European Union

CE 16/35

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Social security systems and pensions

P6_TA(2008)0556

European Parliament resolution of 20 November 2008 on the future of social security systems and pensions: their financing and the trend towards individualisation (2007/2290(INI))

(2010/C 16 E/07)

The European Parliament,

—	having regard to the Commission Communication of 12 October 2006 on the long-term sustainability of public finances in the EU (COM(2006)0574),

—	having regard to the Treaty establishing the European Community and in particular Articles 99 and 141 thereof,

—	having regard to the judgments of the Court of Justice of the European Communities, in particular the judgment delivered by the Court on 17 May 1990 in Douglas Harvey Barber v Guardian Royal Exchange Assurance Group  (1),

—	having regard to the legally binding Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the United Nations General Assembly, and in particular to Article 11.1(d) and (e) and Article 11.2(c),

—	having regard to the Commission Communication of 1 March 2006 on a roadmap for equality between women and men 2006-2010 (COM(2006)0092),

—	having regard to the Presidency Conclusions of the Brussels European Council of 13 and 14 March 2008,

—	having regard to the Commission Communication of 17 October 2007 on modernising social protection for greater social justice and economic cohesion: taking forward the active inclusion of people furthest from the labour market (COM(2007)0620),

—	having regard to the International Labour Organisation (ILO) Convention concerning Minimum Standards of Social Security 1952,

—

having regard to the Commission Staff Working Document of 11 April 2008 on the implementation of Article 8 and the related provisions of Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer, concerning supplementary company or inter-company pension schemes outside the national statutory social security schemes (SEC(2008)0475),

—	having regard to the European social partners' recommendations in the report of 18 October 2007 entitled Key Challenges Facing European Labour Markets: A Joint Analysis of European Social Partners,

—	having regard to the Commission's Green Paper on modernising labour law to meet the challenges of the 21st century (COM(2006)0708) and to Parliament's resolution thereon of 11 July 2007 (2),

—	having regard to the Commission Communication of 26 February 2007 entitled Social reality stocktaking — Interim report to the 2007 Spring European Council (COM(2007)0063) and to Parliament's resolution of 15 November 2007 on Social Reality Stocktaking (3),

—	having regard to the Commission Communication of 10 May 2007on promoting solidarity between the generations (COM(2007)0244), and to the Parliament's resolution of 21 February 2008 on the demographic future of Europe (4),

—	having regard to Rule 45 of its Rules of Procedure,

—	having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Women's Rights and Gender Equality and the Committee on Economic and Monetary Affairs (A6-0409/2008),

A.

whereas social security: — is established, regulated, managed and financed (usually partly) by the state and also collectively through taxes or contributions paid by the insured, with the state having a public responsibility to fulfil the social security needs of its citizens, — is characterised by accountability and ensuring adequate basic security for all, — is based on the principle of solidarity, — covers nine areas of the abovementioned ILO Convention, — aims to ensure fundamental security in the areas of employment (insurance against unemployment), income (pension payment) and earning capacity (health care insurance),

B.	whereas the total population of the European Union is expected to increase slightly until 2025 and to decrease slightly after 2025, becoming by 2050 slightly smaller and significantly older,

C.

whereas, with immigration constant at present levels, the work force will decrease from 227 million people in 2005 to 183 million in 2050, the employment rate will rise to 70 % in 2020, mainly due to higher female employment rates, the total number of people employed will increase by 20 million by 2017, but after that will decrease by 30 million by 2050 and the projected ratio of people over 65 to people of working age will rise from 1:4 in 2005 to 1:2 in 2050,

D.	whereas a general increase in the pensionable age, based on the general trend of increased life expectancy, takes insufficient account of the fact that there are still numerous branches of industry in which the life expectancy of workers is significantly lower,

E.

whereas the social partners in general, and in those branches of industry with workers with a lower than average life expectancy in particular, have a serious responsibility with regard to the in and outflow of workers and can be the primary supporting parties in ensuring an effective age-conscious personnel policy,

F.	whereas, due to lower proportions of unemployed people, unemployment benefit spending will fall by about 0,6 percentage points of GDP by 2050, a decrease that is very modest and will not compensate higher expenditure in other sectors,

G.	whereas the European Union spends 27,2 % of GDP on social protection (2008), the major share being spent on old age benefits and pensions (46 %),

H.

whereas the term social security does not mean the relationship between spending and revenue but is rather a social contract, a relationship between rights and obligations both for citizens and for the state, and should be treated as such; whereas, under no circumstances should the budgetary character of social security, however, be undermined,

I.	whereas the fact of the ageing population is expected to lead to increases in public spending, most of it for pensions, health care and long-term care, in most Member States by 2050 if current policies are pursued, with the largest increase occurring between 2020 and 2040,

J.	whereas the objectives of the Lisbon Strategy as regards the employment of women, young people and the elderly and the Barcelona objectives as regards childcare services are essential for the viability of pension systems,

K.	whereas the 2000 UN Millennium Objectives, in particular Objective 3, presuppose gender equality,

L.

whereas, in general terms, women's careers tend to be more fragmented and the rate at which their pay increases slower, while men tend to have a more continuous employment record and their pay tends to increase more steadily, which means that there is a discrepancy between their respective contributions to the pension system and an increased risk of poverty for women, which is in addition a longer-term risk, given their greater life expectancy,

General concerns

1.   Urges the Member States, in the light of the Lisbon Strategy and the need to cover social risks and secure the sustainability of the social security and pension systems and maintain the core of the European social models, to make more progress in balancing social expenditure and social activation and, furthermore, to attract and retain more people in quality, secure and mandatory social insurance employment, promoting growth and job creation and access to employment on the basis of greater market transparency, to modernise social protection systems (for example through greater differentiation in benefit formulas and funding mechanisms) and to increase investment in human capital by promoting research and development and innovation and through better education and vocational training in the context of lifelong learning for all;

2.   Calls on the Commission to follow closely social security and pension reforms in the Member States, comparing their impact to date on the employment situation of women and focusing on the best practices that have emerged, particularly in reducing gender discrimination regarding pay and in reconciling professional and family responsibilities;

3.   Emphasises that sources of economic growth will alter as a result of demographic change and that increasing labour productivity and technological innovation will become sources of economic growth; recognises that, in order to maintain a higher level of productivity, it will be essential to invest more in research and development and better management methods, where synergy between technological and social innovation will be a high priority;

4.   Highlights, in the context of current demographic, economic and social trends and the prevention of inter-generational and inter-societal conflicts, the importance of finding new methods for an efficient and equitable distribution of costs and benefits among what will be a smaller economically active and a larger economically inactive population: on a European and national level the aim should be maintaining the balance between the economic viability of the social security systems and pensions on the one hand and the coverage of social risks on the other;

5.   Recalls its belief that, to promote an economically viable social protection system, Community labour law should reinforce employment contracts of indefinite duration as the usual form of employment under which adequate social and health protection is provided and respect for fundamental rights is ensured; recognises, however, that rights also need to be protected for those who have other working patterns, including the right to a pension which allows the retired to live in dignity;

6.   Recalls that the core of European social models is the principle of solidarity between generations and social groups, and that it is primarily financed by work-related earnings, such as contributions by employees and employers and labour taxation; nevertheless points out that the ageing population will put serious pressure on the active work force and that solutions to the demographic change should be a political priority; stresses that, otherwise, demographic change could jeopardise the principle of solidarity and European social models as a consequence; stresses also the significant importance, therefore, of strengthening the principle of solidarity, including fair financial compensation;

7.   Recalls that, under Article 141 of the EC Treaty, measures may be adopted to actively achieve equal pay and Community case-law regards social security contributions as an element of pay;

8.   Notes that, as a result of changing demographics, it is estimated that by 2030 the ratio of active to inactive persons will be 2:1; calls on the Commission and Member States to develop policies to ensure that carers, many of whom are obliged to withdraw from the labour market because of caring responsibilities, are not adversely effected by pension insecurity;

9.   Recalls that the trend towards individualisation contributes to the modernisation of the second and the third pillar, without calling into question the first pillar of social security systems, this to enable people, especially women and other vulnerable groups, to have more freedom of choice and thus become more independent and able to build up their own, additional pension rights;

10.   Calls on the Commission to carry out more detailed research and studies concerning the impact of the individualisation of social rights on the equal treatment of women and men;

11.   Considers that equality between men and women must be one of the objectives of any reform of social security and pension systems, while stressing that inequalities in this respect are fundamentally of an indirect nature, resulting from persisting inequality on the employment market, in pay and career prospects and in the way family and domestic responsibilities are shared, and can therefore only be corrected by more global measures;

12.   Calls on the Commission and Member States to raise awareness among (young) adults of the importance of building-up pension entitlements early;

Work force

13.   Believes that a decreasing work force will, if the present situation continues, lead to a decrease in the total number of hours worked; considers that, in order to reverse this trend, measures could be taken to reduce the unemployment rate and increase recruitment (combined with training and retraining) including persons who have a high labour potential such as disabled persons, women and the elderly; stresses the need to enable flexible retirement on a voluntary basis, change the organisation of working practices and make intelligent use of new technologies; stresses that it is also necessary that support services and services related to the care of children and family dependants are improved, in the light of reducing the number of people working part-time on a voluntary basis;

14.   Recalls that higher employment rates are heavily dependent on the need to keep all groups — especially those excluded from the labour market — active; stresses, therefore, the need to fight discrimination on the labour market and to offer jobs to inactive persons in the labour force; stresses, furthermore, the need to provide reasonable accommodation so as to facilitate the employment of disabled persons and those with significant health problems, and to ensure that disabled persons and persons who are mentally ill have access to employment;

15.   Stresses, therefore, the need for active policies on the employment of women, young people and the elderly so as to make proper use of manpower and business enterprise and to ensure that, inter alia, contributions to pension systems entitle the retired to a decent pension;

16.   Stresses the need to discuss at national level raising the legal retirement age; considers that, irrespective of the various legal retirement ages in the Member States, it is necessary that employees should be encouraged to remain in employment on a voluntary basis and as long as conditions allow, until the age which applies or longer;

17.   Calls on the social partners, among other things on the basis of experience gained in various sectors, to negotiate tailor-made sector-based measures in relation to ageing workers in general and an age-conscious personnel policy in particular;

18.   Calls on the Member States to create financial and social incentives to encourage employees voluntarily to continue to work even after reaching the statutory retirement age;

19.   Calls on the Member States to pursue an active policy to improve the prospects for safe working conditions in order to reduce risk in certain occupations and avoid the early retirement of a large proportion of skilled workers;

20.   Recalls that any pro-active economic migration policy that addresses especially potential migrants of working age and offers fast-track immigration to highly skilled applicants would need to be complemented by better integration of migrants into the labour market and society as a whole; stresses that intensified efforts to increase immigration might lead to a brain-drain in the countries of origin, which might have a negative effect on the economical and societal development of these countries and encourage new waves of uncontrolled migration;

21.   Recognises that ‘brain waste’ can also be an issue, for both the economy as a whole and the individuals concerned, when qualified migrant workers are employed to fill positions for the less-skilled; stresses the need for migrant workers to benefit from their contributions to pension schemes;

22.   Calls on the Commission to take the necessary steps to ensure that Union citizens working and residing in a host Member State do not lose some or all of their social security rights;

23.   Considers that the long-term impact of immigration on the ageing of the population is uncertain as it depends on the behaviour of migratory flows, on family regrouping and on the birth rate among migrants; considers that immigration can lead to a better balance of social security systems if immigrants are legally employed and therefore contributing to its financing;

Pensions

24.   Draws attention to the existing discrimination against all vulnerable groups in terms of access to and the conditions on the labour market, especially those who are working in jobs where social security contributions are not mandatory, which leads to lower employment rates and lower wages and therefore fewer opportunities for those groups to build up adequate pensions; insists on the need to provide equal opportunities for all, thus ensuring higher employment rates, equal pay and adequate pension rights;

25.   Recognises the fact that public pension systems strengthen social solidarity and are the responsibility of the Member States and that safeguarding these systems should be a political priority; believes that greater use of alternatives to state-funded pensions, such as supplementary schemes, could be a viable alternative; points out that private pensions could include occupational supplementary pension schemes by employers or other collective organisations and associations and individual supplementary pensions based on savings; emphasises that the existence of private pensions would increase the need for the appropriate regulation of private pension funds, the portability of such pensions and the promotion and continued modernisation (including more flexibility) of these alternatives; within this framework, believes that the risk should be taken into account that women in the context of the existing public pension system might lose insurance coverage if private provisions are to replace this system, but that this risk can be reduced by crediting pension entitlements for maternity leave, parental leave and breaks from work for personal reasons;

26.   Calls on the Member States to take serious account of the need to redesign traditional pension systems which are based on systematic risk assessments and the assumption of a typical, standard life course and adjust the social security system in line with the reforms of the pension system, this given that the assumed standard course of life is changing rapidly, and that so-called ‘patchwork biographies’ will become more and more common; believes that this could lead to a new social risk of increasing unpredictability for many individuals and for vulnerable groups in particular, especially immigrants, low-skilled workers, single parents and those with other caring responsibilities; stresses that this can lead to an early exit from the labour market or reduced participation in it; points out that a transformation of the pension systems is also necessary to achieve a flexible labour market;

27.   Notes that a sustainable pension system needs to adapt to demographic and economic challenges and stresses that — provided that there is wide availability — a three-pillar structure is a balanced option; suggests that the statutory pensions (first pillar) be flanked by collectively funded occupational pension systems (second pillar) and by individual additional third-pillar products; stresses the value of pension systems that combine solidarity with often high returns because of volume, long-term and prudent but profitable investment strategies; invites the Commission to undertake the preparation of an appropriate and feasible framework of regulation and supervision of pan-European pension products; stresses that an internal market for occupational and third-pillar pensions would allow individuals to enjoy portable occupational pension arrangements, stimulate competition and reduce the cost of saving for retirement;

28.   Observes that it is predominantly women who take care of children as well as elderly, ill or disabled members of the family, voluntarily or involuntarily under the pressure of cultural attitudes and social norms or of the poor quality or lack of childcare facilities and other care facilities (long-term care structures) and that they therefore have more interruptions in their working careers; stresses the need to compensate women and carers and to provide them with real choices as regards having children as in relation to caring responsibilities, without fearing possible financial disadvantages or suffering detriment to their career progression; welcomes action by Member States to prevent and compensate this situation, for example by crediting child and family care time in statutory pension insurance;

29.   Calls on the Member States, the social partners and representatives of women's organisations to continue to pay close attention to the possible or actual effects of pension system reforms on equality between men and women and to ensure that remedial action is taken if necessary to guarantee equal treatment;

30.   Requests that, as a matter of urgency, the Commission and the Member States take measures prohibiting direct discrimination in occupational pension schemes, including the practice of basing the level of payments and contributions on actuarial factors relating to sex;

31.   Recalls its resolution of 21 February 1997 on the situation of spouses helping self-employed workers (5) which, inter alia, called for action to ensure that it was compulsory for spouses helping self-employed workers to be covered individually by a pension insurance scheme;

32.   Recalls its resolution of 12 March 2008 on the situation of women in rural areas of the EU (6), calling once more on the Commission to submit a proposal for amending Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood (7) by the end of 2008 providing for independent social and pension entitlements for women assisting on agricultural holdings;

33.   Recalls its resolution of 11 July 2007 on financial services policy (2005-2010) (8) and stresses the importance of developing a transparent, flexible European social security and pension market, by reducing fiscal barriers and obstacles to the transferability of pension rights from one Member State to another; is of the opinion that the creation of an internal market for pensions requires a European framework regulating pension products;

34.   Urges the Commission urgently to review Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision (9) in order to provide a solid solvency regime appropriate to such institutions for occupational retirement provision, based on advice from the Committee of European Insurance and Occupational Pensions Supervisors and a thorough impact assessment, examining level playing field issues through differences in calculation and underlying assumptions for measuring liabilities; stresses that such a regime could be based on an extension of some aspects of the amended Commission proposal of 26 February 2008 for a Directive of the European Parliament and of the Council on the taking-up and pursuit of the business of insurance and re-insurance (Solvency II) (COM(2008)0119) to pension funds, taking into account the specificities of the institutions for occupational retirement provision, such as the long-term nature of the pension schemes they operate and the type of risk coverage or guarantees provided by pension funds; considers that such a special solvency regime would underpin financial stability and prevent regulatory arbitrage;

35.   Recalls that the Court of Justice has ruled against obstacles to tax exemptions for cross-border pension contributions; emphasises that tax relief offers the best incentive for long-term savings and that further harmonisation may be needed to remove all obstacles to cross-border contributions to pension schemes;

36.   Notes the current trend away from defined benefit pension systems to defined contribution pension systems and is concerned about the decline in employer contributions that evidently accompanies this trend; emphasises the need for strengthened participation and contribution levels of employees in existing pension schemes in order to ensure adequate retirement income for individuals and emphasises the need for continued adequate contributions from employers, particularly in defined contribution pension schemes; is concerned that the envisaged revision of International Accounting Standard (IAS) 19 regarding employee benefits, as for example in the case of the possible abolition of the so-called ‘corridor-approach’, could entail significant changes to pension systems that need to be carefully assessed, especially as regards possible adverse effects on the attractiveness of defined benefit schemes;

37.   Observes that, in order to ensure decent living conditions for disabled peersons and to avoid the ‘benefits trap’, it is necessary to provide compensation for the additional cost of living associated with disability and to coordinate it with pension systems and social integration policies;

Financial sustainability

38.   Stresses the need for the Member States to preserve adequate levels of funding for social security and pensions systems and the need to find alternative and robust tax bases in the face of the increased competition brought about by globalisation; stresses the importance of reducing reliance on labour taxation in order to increase the competitiveness of Member State economies and provide more work incentives; recognises the complexity involved in shifting to a more capital based taxation, given the smaller capital tax base and greater mobility of capital; suggests that shifting to new methods of taxation and/or other alternatives could be considered to improve the financial sustainability of social spending, which would reduce the tax burden on people with lower incomes; maintains that employers' social security contributions represent an investment because they result in increased productivity, this being one of the reasons why countries with high social spending are also the most competitive;

39.   Underlines the fact that Member States must focus on the medium and long-term objectives of the Stability and Growth Pact (SGP) and ensure sustainable public finances to meet the increased pressure of an ageing population; notes that the Informal Economic and Finance Ministers Council held in Brdo on 5 April 2008 agreed that the focus on social spending should move from volume of expenditure to achievements and outcome; recommends that the Council reflect on further improvements to the SGP, for example by allowing longer term investments to be accounted for over a longer period of time;

40.   Stresses that Member States should design their financial policies in a sustainable manner by fairly sharing the tax burden among employees, consumers, businesses and income from capital, and across generations;

41.   Considers that regulation should aim to secure the solvency and protection of occupational pension schemes, not least in the event of a takeover or other significant changes in ownership or management;

42.   Calls on the Member States to include in their annual budgets a fund for future pension payments;

43.   Stresses the need to consider a phased transition from joint contribution-based to fund-based insurance-type pension schemes,

Healthcare and long-term care

44.   Expresses the conviction that measures to improve health mean a need to invest, which can contribute to reducing the costs in light of the ageing population and improve the soundness of public finances; insists on the importance of preserving the values and principles underpinning all health care systems in the European Union, which comprise universal coverage, solidarity in financing, equity of access and the provision of high-quality health care, notwithstanding the need for rational consumption of scarce resources; emphasises that by improving the organisation and provision of services in accordance with the principles of subsidiarity, there is the potential for improving both the quality and financial efficiency of health services;

45.   Given the projected higher costs of health care and long-term care, considers that Member States should reflect on their funding and take account of the fact that, given the possibility that less non-professional care will be available due to the trend towards smaller families and an increase in women's participation in the labour market, the increase in long-term care might be higher than projected;

46.   Points out that the emphasis should be placed on persons needing expensive or long-term health care, persons and groups of persons facing particular access problems, such as ethnic minorities and persons on low incomes, on care for persons suffering from chronic illnesses and the development of open support structures for the rehabilitation, social integration and support of persons with physical or mental disabilities and the elderly, so as to avoid institutionalisation and to help them live independently;

47.   Observes that the public funding of health care helps protect against financial risk, independently of the personal health risks and thus supports equality and social security, whereas, in contrast, private contribution mechanisms involve limited or no pooling of risks and usually link payments to the risk of ill health and ability to pay, while simultaneously guaranteeing a sustainable financing regardless of demographic change;

48.   Recognises the importance of public financing in achieving the objective of solidarity, and the wide diversity of the levels of public and private financing of health care in the Member States; recommends that the Commission carries out research to determine the level and/or range of public financing that meets the objective of solidarity, both for the system as a whole and for particular service areas;

49.   Recognises the increasing popularity of market-based solutions and privatisation in health care financing as a panacea for cost explosion, inefficiency and problems of quality of care, especially in the new Member States; recognises the increasing evidence that the functional privatisation of social health insurance systems, the profit motive and competition between financial intermediaries usually make the administration of health care systems more expensive, whilst their beneficial effects in terms of cost containment, efficiency and quality of care are dubious; for this reason, recommends that Member States with a single payer model preserve that model;

50.   Notes that health care systems that are predominantly funded through employment-based social insurance contributions may benefit from broadening the revenue base to include non-earnings-related income;

51.   Notes that, in the light of the principle of freedom to provide services and the right of the insured under health insurance schemes to choose a doctor or establishment freely, it is not permissible for Member States to refuse to reimburse their citizens for any treatment received abroad but that Member States can impose (fixed) individualised ceilings on the costs incurred and are not obliged to reimburse treatment that their nationals would not have received at home;

52.   Calls on the Member States to avoid a purely financial approach when adopting reform policies aimed at redesigning the legal frameworks which underpin their respective national healthcare systems;

53.   Is deeply convinced that the starting point for any reform should be a careful analysis of the existing health (financing) system to identify weaknesses and problem areas, combined with understanding of the contextual factors that may contribute to or impede successful reform; expects Member States to be fully aware of the considerable impact of healthcare reforms on the operation, capacity, and efficiency of their respective healthcare systems, and of the threats that insufficiently or inadequately prepared reform measures can have on the quality and availability of healthcare services, on the health of citizens, and hence on their employability;

54.   Calls on the Member States to consider the whole range of health financing functions and policies, rather than focusing on contribution mechanisms alone; is convinced that raising the level of employment-based contributions, or raising the private contribution of patients to the cost of healthcare services are wrong-headed policies that can have disastrous consequences since they limit in an unacceptable way the access of citizens with low incomes to the full range of healthcare services;

55.   Is convinced that the access of citizens with low incomes to high quality healthcare services should be seen as a clear priority that it is linked most closely with the European values of solidarity and equal rights, and that it constitutes a precondition for the successful achievement of the Lisbon objective of full employment;

56.   Calls on the Commission to take into account the aspects of the equal rights of all Union citizens to high-quality healthcare systems, and to integrate the necessary guarantees against discrimination against citizens relating to financing into the revision of Community anti-discrimination legislation, or any new legislative instrument dealing with the issue of access to healthcare services;

57.   Recommends that Member States contribute to efficiency and equity in their respective healthcare systems by lowering the number of risk pools or — better still — by creating a single, national pool that can facilitate strategic direction and coordination throughout the health system;

*

* *

58.   Instructs its President to forward this resolution to the Council, the Commission, the Employment Committee, Social Protection Committee, and the governments and parliaments of the Member States and the candidate countries.

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(1)  Case C-262/88, ECJ [1990] I-1889.

(2)  OJ C 175 E, 10.7.2008, p. 401.

(3)  OJ C 282 E, 6.11.2008, p. 463.

(4)  Texts Adopted, P6_TA(2008)0066.

(5)  OJ C 85, 17.3.1997, p. 186.

(6)  Texts Adopted, P6_TA(2008)0094.

(7)  OJ L 359, 19.12.1986, p. 56.

(8)  OJ C 175 E, 10.7.2008, p. 392.

(9)  OJ L 235, 23.9.2003, p. 10.

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22.1.2010

EN

Official Journal of the European Union

CE 16/44

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EU and PNR data

P6_TA(2008)0561

European Parliament resolution of 20 November 2008 on the proposal for a Council framework decision on the use of Passenger Name Record (PNR) for law enforcement purposes

(2010/C 16 E/08)

The European Parliament,

—	having regard to the statement by the Commission during the debate of 21 October 2008, following the Oral Question B6-0476/2008 on the proposal for a Council framework decision on the use of Passenger Name Record (PNR) for law enforcement purposes (COM(2007)0654),

—	having regard to the current debates in the Council at ministerial and working group levels on the abovementioned proposal,

—	having regard to the opinions delivered by the Fundamental Rights Agency, the European Data Protection Supervisor, the Article 29 Working Party and the Working Party on Police and Justice,

—	having regard to its previous resolutions (1) on the EU-US PNR agreement (2), the EU-Canada PNR agreement (3) and the EU-Australia PNR agreement (4),

—	having regard to Rule 108(5) of its Rules of Procedure,

A.

whereas the data protection principles to be respected by the EU institutions and Member States are outlined in Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), Articles 7 and 52 of the Charter of Fundamental Rights of the European Union (the Charter of Fundamental Rights), Article 286 of the EC Treaty, Article 5 of Council of Europe Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108) and, at secondary level, Directive 95/46/EC 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 (5) and the draft Council Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters),

B.	whereas any new EU legislation should comply with the proportionality and subsidiarity principles, as outlined in Article 5 of the EC Treaty and Protocol 30 thereto,

On procedural aspects

1.   Acknowledges the need for stronger cooperation at European level and internationally in the fight against terrorism and serious crime; recognises that the collection and processing of data can be a valuable tool for law enforcement purposes;

2.   Takes the view that law enforcement authorities should be provided with all the tools they need to adequately carry out their tasks, including access to data; emphasises, however, that since such measures have a considerable impact on the personal life of Union citizens, their justification in terms of necessity, proportionality and usefulness in achieving their stated objectives needs to be convincingly substantiated, and stresses that effective safeguards for privacy and legal protection must be put in place; believes that this is a precondition for lending the necessary political legitimacy to a measure which citizens may view as an inappropriate intrusion into their privacy;

3.   Regrets that the formulation and justification of the Commission's proposal have left so many legal uncertainties with respect to compatibility with the ECHR and the Charter of Fundamental Rights, as well as its legal basis, which has raised questions as to the appropriate role for Parliament in the legislative procedure; notes that the same concerns regarding the proposal's lack of legal certainty:

—	are raised in the opinions delivered by the Fundamental Rights Agency (FRA), the European Data Protection Supervisor (EDPS), the Article 29 Working Party and the Working Party on Police and Justice;

—	require the Council to undertake a substantial review of the possible scope and impact of a future EU initiative in this domain, and incorporate significant amounts of additional information, including the abovementioned opinions;

4.   Considers that under these conditions Parliament must reserve its formal opinion under the formal consultation procedure until the concerns raised in this resolution are properly addressed and the minimum information necessary is provided;

5.   Maintains its strong reservations as to the necessity for and added value of the proposal for the establishment of an EU PNR scheme and the safeguards which it contains, notwithstanding the explanations and points of clarification given by the Commission and the Council so far, both orally and in writing; observes, furthermore, that many of the questions raised by Parliament, the Article 29 Working Party, the Working Party on Police and Justice, EDPS and the FRA have not been satisfactorily answered;

6.   Shares the FRA's view that the mere availability of commercial databases does not automatically justify their use for law enforcement purposes; moreover, the same or even better results could be obtained by improving mutual legal assistance between law enforcement authorities;

7.   Invites the Council, if it intends to continue the examination of the Commission text, to take into account the recommendations in this resolution and to duly justify the conditions of pressing social need which could make this new EU intervention ‘necessary’, as required under Article 8 of the ECHR; considers these to be the minimum conditions of support for the introduction of an EU PNR scheme; is ready to contribute and participate in this work at all levels;

8.   Reiterates its calls for clarification of the relationship between the use of PNR and other measures such as Council Directive 2004/82/EC (6) of 29 April 2004 on the obligation of carriers to communicate passenger data, the proposed Entry-Exit scheme, the Electronic System for Travel Authorisation, biometrics in passports and visas, SIS, VIS, Regulation (EC) No 2320/2002 (7) of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security, and national border protection schemes; notes with regret that the implementation of some of these measures has been considerably delayed and considers that a full and systematic evaluation of the current EU and Schengen security cooperation mechanisms and tools aimed at ensuring aviation security, protecting external borders and fighting terrorism could help in assessing the added value of the proposed EU PNR scheme;

9.   Recalls that the debate on the appropriate legal basis for the proposal is continuing and reiterates that, according to Article 47 of the EU Treaty, legislative measures within the framework of judicial and police cooperation should be accompanied by the necessary accompanying Community measures to be adopted in codecision with Parliament on all first-pillar aspects, particularly those defining the scope of the obligations to be fulfilled by economic operators (8);

10.   Recalls that the Court of Justice of the European Communities has already challenged the EU-US PNR Agreement on the grounds that its legal basis is wrong; calls therefore on the Commission to examine carefully which legal basis is appropriate;

11.   Considers that, in connection with the tabling of the new legislation, national parliaments must be fully involved in the legislative process, given the impact of the proposal on both citizens and the national legal orders of the Member States;

12.   Stresses that possible future legislation establishing an EU PNR scheme as a new framework for EU police cooperation should contain provisions for periodic evaluation of its implementation, application, usefulness and breaches of safeguards; considers that national parliaments, the EDPS, the Article 29 Working Party and the FRA should be invited to play a role in both review and evaluation; considers, therefore, that the new legislation should include a sunset clause;

13.   Emphasises, in this context, that each Member State bears the initial responsibility for the collection of PNR data and their protection; stresses that safeguards are mandatory when PNR data are transmitted, exchanged or transferred to or between other Member States; takes the view, therefore, that access to PNR data exchanged between Member States should be strictly limited only to those authorities that deal with counter-terrorism and organised crime; considers that other law enforcement agencies may be granted access subject to judicial approval;

Subsidiarity

14.   Notes with concern that the need for Community action has not yet been sufficiently demonstrated; in this connection, questions the claim by the Commission that the stated aim of the proposal is harmonisation of national schemes, when only a few Member States have a system for the use of PNR data for law enforcement and other purposes, or plans for such a scheme; considers, therefore, that the Commission's proposal does not harmonise national systems (as they are non-existent), but merely creates the obligation for all Member States to set up such a system;

15.   Notes that the Commission is proposing a ‘decentralised’ scheme, which means that the European added value is even less clear;

Proportionality

16.   Recalls that Article 8 of the ECHR and Article 52 of the Charter of Fundamental Rights require that such a massive infringement of the right to the protection of personal data be legitimate and justified by a pressing social need, provided for by law and proportionate to the end pursued, which must be necessary and legitimate in a democratic society; in this connection, deplores the fact that the purpose of this envisaged police cooperation measure is not limited to issues such as combating terrorism and organised crime;

17.   Is concerned that, in essence, the proposal gives law enforcement authorities access to all data without a warrant; points out that the Commission has not demonstrated the need for new law enforcement powers, or that this goal cannot be achieved with less far reaching measures; criticises the fact that there is no information as to how existing law enforcement powers fall short of what is needed, and where and when the authorities have demonstrably lacked the powers they needed for the stated purpose; requests that a review of the existing measures mentioned below take place before an EU PNR system is further developed;

18.   Notes the Commission's claim that ‘the EU has been able to assess the value of PNR data and to realise its potential for law enforcement purposes’, but stresses that to date there is no evidence to substantiate this claim, given that:

—	any information so far provided by the US is anecdotal and the US have never conclusively proven that the massive and systematic use of PNR data is necessary in the fight against terrorism and serious crime,

—	there has only been one joint review of the US-EU PNR Agreement, which assessed only the implementation, not the results,

—

the preliminary conclusions from the UK system for the use of PNR data refer to law enforcement purposes other than counterterrorism, which fall outside the scope of the Commission's proposal, and to the use of PNR on a case-by-case basis in the context of ongoing investigations, on the basis of a warrant and with due cause; so far they provide no evidence of the usefulness of the mass collection and use of PNR data for counterterrorism purposes;

Purpose limitation

19.   Stresses that the principle of purpose limitation is one of the basic principles of data protection; points out, in particular, that Convention 108 states that personal data shall be ‘stored for specified and legitimate purposes and not used in a way incompatible with those purposes’ (Article 5(b)); notes also that derogations from this principle are allowed only insofar as they are provided for by law and constitute a necessary measure in a democratic society in the interests of, inter alia, the ‘suppression of criminal offences’ (Article 9); points out that the case-law of the European Court of Human Rights has made clear that these derogations must be proportionate, precise and foreseeable, pursuant to Article 8(2) of the ECHR;

20.   Deplores the lack of precise purpose limitation which is an essential safeguard in the imposition of restrictive measures, and considers that such protection is even more important as regards secret surveillance measures, given the heightened risk of arbitrariness in such circumstances; considers that, as the stated purposes and definitions are imprecise and open-ended, they should be strictly specified to avoid exposing the EU PNR scheme to legal challenge;

21.   Reiterates that PNR data may be very useful as supportive, additional evidence in a specific investigation into known terrorism suspects and associates; points out, however, that there is no evidence that PNR data are useful for massive automated searches and analyses on the basis of risk criteria or patterns (i.e. profiling or data mining) in seeking potential terrorists (9);

22.   Stresses, furthermore, that EU data protection rules place restrictions on the use of profiling on the basis of personal data (Article 8 of the Charter of Fundamental Rights and the ECHR); concurs, therefore, with the FRA's opinion that profiling based on PNR data should only be intelligence-led, based on individual cases and factual parameters;

23.   Reiterates its concerns regarding the measures outlining an indiscriminate use of PNR data for profiling and for the definition of risk assessment parameters; recalls that any kind of profiling based on ethnicity, nationality, religion, sexual orientation, gender, age or medical condition should be expressly banned as incompatible with the prohibition of any discrimination as defined in the Treaties and in the Charter of Fundamental Rights;

24.   Recalls that, in the event of any extension of the proposal's scope, the Commission and the Council should clarify in detail for each stated purpose what use will be made of the PNR data and why existing law enforcement powers are not sufficient; considers that, for each specific purpose, the appropriate legal basis must be established;

Protection of personal data

25.   Stresses that the adoption of an adequate data protection framework under the third pillar is an absolute precondition for any EU PNR scheme, as are specific rules for the transfer and use of PNR data that are not covered by the EU data protection framework under the first and third pillars; stresses the need to clarify which data protection rules apply to Passenger Information Units (PIUs) and to ensure the traceability of all access, transfer and use of PNR data;

26.   Emphasises that sensitive data may be used only on a case-by-case basis in the context of a regular investigation or prosecution, obtained under a warrant; notes the concern of airlines that sensitive data cannot be filtered from general remarks; calls, therefore, for the definition of strict conditions for the processing of these data by PIUs, as defined by the FRA in its opinion;

Details of implementation

27.   Stresses that, as regards storage periods, the Commission fails to justify the proposed retention period; considers, however, that for the purpose of developing risk indicators and establishing patterns of travel and behaviour, anonymised data should be sufficient; considers also that, if the scope of the PNR scheme is extended, retention periods must be justified for each separate purpose;

28.   Reiterates that data transfers should be made using the PUSH method alone and that third countries should not have direct access to PNR data in EU reservation systems;

29.   Welcomes the fact that, as regards access to PNR data, the proposal states that all entities having access to PNR data should be named in an exhaustive list;

30.   Stresses, as regards transfers to third countries, that data may not be transferred to third countries unless an adequate level of protection (as specified in Directive 95/46/EC and the legal instruments establishing Europol and Eurojust) or appropriate safeguards are provided by the third countries concerned (in accordance with Convention 108), and that transfers should be made only on a case-by-case basis;

31.   Reiterates that passengers must be informed in full and in an accessible manner of the details of the scheme and of their rights, and that Member State authorities are responsible for providing this information; suggests that the example of the ‘denied boarding’ information in airports should be used; considers it essential to define a right of access, rectification and appeal for passengers;

32.   Requests that detailed and harmonised rules be laid down on the security of PNR data, in terms of both IT solutions and authorisation and access rules;

Consequences for carriers

33.   Notes that air carriers collect PNR data for commercial purposes and that data are not systematically collected to complete all PNR fields; insists that airlines should not be required to collect any data additional to those which they are collecting for their commercial purposes; considers that air carriers should not be made responsible for verifying whether records are complete and accurate, nor should any sanctions be applied in respect of incomplete or incorrect data; calls for a clear evaluation of the costs involved in an EU PNR scheme; considers that any additional costs should be borne by the requesting parties;

Intermediaries/Passenger Information Units (PIUs)

34.   Calls for a clear definition of the role and powers of the PIUs, in particular in terms of transparency and democratic accountability and in order to lay down appropriate data protection rules; requests that the role of PIUs be limited to the transfer of data to competent authorities, in order to ensure that risk assessments may only be carried out by competent authorities and in the context of an inquiry; asks for clarification of the law which will govern the risk assessment conducted by the PIUs, and the responsibility of data protection authorities in cases where Member States cooperate to set up a joint PIU;

*

* *

35.   Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the European Data Protection Supervisor, the Fundamental Rights Agency, the Article 29 Working Party and the Working Party on Police and Justice.

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(1)  OJ C 61 E, 10.3.2004, p. 381; OJ C 81 E, 31.3.2004, p. 105; OJ C 103 E, 29.4.2004, p. 665; OJ C 157 E, 6.7.2006, p. 464; OJ C 305 E, 14.12.2006, p. 250; OJ C 287 E, 29.11.2007, p. 349; OJ C 175 E, 10.7.2008, p. 564; Texts Adopted, 22.10.2008, P6_TA(2008)0512.

(2)  OJ L 204, 4.8.2007, p. 18.

(3)  OJ L 82, 21.3.2006, p. 15.

(4)  OJ L 213, 8.8.2008, p. 49.

(5)  OJ L 281, 23.11.1995, p. 31.

(6)  OJ L 261, 6.8.2004, p. 24.

(7)  OJ L 355, 30.12.2002, p. 1.

(8)  See, in particular, the Council Legal Service opinion on this subject and the Opinion of the Advocate General delivered on 14 October 2008 on Case C-301/06, Ireland v European Parliament and Council of the European Union on the Data Retention Directive 2006/24/EC.

(9)  CRS report for the American Congress ‘Data Mining and Homeland Security: An Overview’ by Jeffrey Seifert; ‘Effective counter-terrorism and the limited role of predicative data mining’ by CATO Institute; ‘Protecting individual privacy in the struggle against terrorists: a framework for program assessment’; ‘No dream ticket to security’ by Frank Kuipers, Clingendael Institute, August 2008.

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22.1.2010

EN

Official Journal of the European Union

CE 16/49

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Financial assistance for Member States' balances of payments

P6_TA(2008)0562

European Parliament resolution of 20 November 2008 on establishing a facility providing medium-term financial assistance for Member States' balances of payments

(2010/C 16 E/09)

The European Parliament,

—	having regard to the Commission's proposal of 31 October 2008 for a Council Regulation amending Regulation (EC) No 332/2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments (COM(2008)0717),

—	having regard to the Commission's recommendation of 31 October 2008 for a Council decision granting mutual assistance for Hungary and proposal for a Council decision providing EU medium-term assistance for Hungary (COM(2008)0716),

—

having regard to Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments (1) and Parliament's resolution of 6 September 2001 on medium-term financial assistance for Member States' balances of payments (2),

—	having regard to Articles 100 and 119 of the EC Treaty,

—	having regard to Rule 103(2) of its Rules of Procedure,

A.	whereas the Commission recommends granting medium-term financial assistance to Hungary of up to EUR 6 500 000 000 on the basis of Article 119 of the Treaty, in conjunction with an IMF arrangement,

B.	whereas a comprehensive approach to medium-term financial assistance for all Member States is preferable,

C.	whereas the impact of the current global financial and economic crisis should be borne in mind,

D.	whereas the economies of the Member States that have more recently acceded to the European Union do not benefit from the advantages of having a reserve currency of their own,

E.	whereas the currencies of those Member States have recently been subjected to powerful speculative action and the magnitude of the current external imbalances has been driven primarily by a strong expansion of non-governmental credit,

F.	whereas there is a need for policies to address the specific problems of those Member States' economies against the backdrop of the global financial crisis and a spreading recession in Europe,

G.	whereas the budget policy room for manoeuvre in addressing large external imbalances and preventing financial instability may be quite limited against the backdrop of the current economic recession spreading across the European Union,

1.   Believes that Member States outside the euro area should be encouraged to look for potential medium-term financial assistance in respect of their balance of payments deficits within the Community before seeking assistance at international level;

2.   Considers the current situation to be further proof of the relevance of the euro in protecting the Member States in the euro area and invites the Member States outside the euro area to join it as soon as they fulfil the Maastricht criteria;

3.   Invites the Commission to analyse in detail in what way the behaviour of individual banks that moved their assets from Hungary after adoption of rescue plans by other Member States has impacted on Hungary's balance of payments;

4.   Invites the Commission to examine carefully the speculative action (short-selling) on the currencies of the more recently acceded Member States and what might be done to prevent a drastic erosion of confidence in their currencies and the local banking systems;

5.   Invites the Commission to communicate the results of those analyses to the de Larosière group and to Parliament's responsible committee;

6.   Recognises that it is necessary to increase significantly the ceiling for the outstanding amount in loans to be granted to Member States laid down in Regulation (EC) No 332/2002, given that, since its adoption, the number of Member States outside the euro area has increased substantially; underlines that such an increase would also enhance the Community's flexibility in responding to further requests for medium-term financial assistance such as in the context of the current global financial crisis;

7.   Notes that there would be no budgetary impact of such an increase of the loan ceiling because the loans would be borrowed by the Commission on the financial markets and the beneficiary Member States would have to repay them; stresses that the only possible budgetary impact would be that arising from a Member State defaulting on its debt;

8.   Recalls that, before Hungary's current financial difficulties Regulation (EC) No 332/2002 had not been applied since its adoption in 2002, and that its predecessor, Regulation (EEC) No 1969/88 (3) implementing the mechanism foreseen by the Article 119 of the Treaty, was applied twice, once for Greece in 1991 and once for Italy in 1993, and that Greece and Italy have fully respected their commitments to the Commission;

9.   Recalls that Parliament requested that the Council examine, every two years, on the basis of a report from the Commission, after consulting Parliament and after the delivery of the Economic and Financial Committee's opinion, whether the facility established still meets the needs which led to its creation; asks whether such reports have been drawn up since the adoption of Regulation (EC) No 332/2002;

10.   Instructs its President to forward this resolution to the Council, the Commission, the European Central Bank, the Eurogroup and the governments of the Member States.

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(1)  OJ L 53, 23.2.2002, p. 1.

(2)  OJ C 72 E, 21.3.2002, p. 312.

(3)  OJ L 178, 8.7.1988, p. 1.

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22.1.2010

EN

Official Journal of the European Union

CE 16/51

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Response of the European Union to the deteriorating situation in the east of the Democratic Republic of Congo

P6_TA(2008)0563

European Parliament resolution of 20 November 2008 on the EU response to the deteriorating situation in the east of the Democratic Republic of Congo

(2010/C 16 E/10)

The European Parliament,

—	having regard to the Conclusions of the Council of the European Union on the situation in the Democratic Republic of Congo (DRC) of 11 November 2008,

—	having regard to its resolution of 23 October 2008 on the Democratic Republic of Congo: clashes in the eastern border areas of the DRC (1),

—	having regard to its resolution of 21 February 2008 on North Kivu (2),

—	having regard to its resolution of 17 January 2008 on the situation in the Democratic Republic of Congo and rape as a war crime (3) and its previous resolutions on violations of human rights in the DRC,

—	having regard to its resolution of 15 November 2007 on the European Union's response to situations of fragility in developing countries (4),

—	having regard to the resolution of the ACP-EU Joint Parliamentary Assembly of 22 November 2007 on the situation in the DRC, particularly in the east of the country, and its impact on the region,

—

having regard to the Commission communication of 25 October 2007 entitled ‘Towards an EU response to situations of fragility — engaging in difficult environments for sustainable development, stability and peace’ (COM(2007)0643) and the Commission staff working document annexed thereto (SEC(2007)1417),

—	having regard to Resolution 60/1 of the United Nations General Assembly of 24 October 2005 on the 2005 World Summit Outcome, and in particular paragraphs 138 to 140 on the responsibility to protect populations,

—	having regard to the conclusions of the Southern African Development Community summit, which stated that it was prepared to send peace-keeping troops to North Kivu ‘if necessary’,

—	having regard to the Council statement of 10 October 2008 on the situation in the eastern part of the DRC,

—	having regard to the report of the mission by its Committee on Development to North Kivu in 2008,

—	having regard to the European Consensus on Humanitarian Aid signed on 18 December 2007,

—	having regard to Rule 103(4) of its Rules of Procedure,

A.

whereas the fighting between the DRC army, the Mai Mai militia, the rebel troops (National Congress for the Defence of the People (CNDP)) of ousted General Laurent Nkunda and the fighters of the Democratic Forces for the Liberation of Rwanda (FDLR) as well as troops of Uganda's Lord's Resistance Army has been escalating and continues to cause tremendous hardship to the civilian populations of North Kivu,

B.

whereas on Sunday, 16 November 2008, the UN envoy, former Nigerian President Olusegun Obasanjo, met with the rebel leader Laurent Nkunda and reached an agreement with him on the creation of a tripartite committee to monitor a ceasefire between the army and the rebels, and whereas there is an urgent need for support from the powers which are partners of the countries involved, with a view to ensuring a solution,

C.

whereas intense international diplomatic efforts involving regional and European facilitators are under way, with the aim of preventing the fighting in North Kivu from escalating into a repeat of the wider 1998-2003 Congo war, which involved six neighbouring states; whereas a regional summit on the crisis in the east of the DRC was organised on 7 November 2008 in Nairobi,

D.	whereas since the beginning of the violence millions of people have been killed and displaced and whereas an estimated 250 000 have been displaced since the resumption of fighting in the DRC by General Laurent Nkunda in August 2008, causing a humanitarian catastrophe in the east of the country,

E.

whereas in spite of its mandate by virtue of Chapter VII of the United Nations Charter, authorising the use of all necessary means to discourage all attempts to use force, and to protect civilians, the United Nations Mission in the DRC (MONUC): — has not had the necessary means to protect civilians since the recent resumption of fighting in the east of the DRC and to disarm and repatriate the Hutu fighters from Rwanda who are present on DRC territory, — has been forced to wait for the green light from India and Pakistan to send Indian and Pakistani soldiers into combat, contrary to the provisions of the mandate on the basis of which MONUC has been deployed in the DRC, — did not intervene to stop the massacre of more than 200 people which took place on 5 November 2008 in Kiwanja despite the fact that one of its military bases is located there,

F.	whereas the UN Security Council discussed the situation in eastern DRC once again on 11 November 2008 without agreeing to reinforce MONUC with an additional 3 000 troops as requested by MONUC,

G.	whereas only 6 000 MONUC soldiers are deployed in North Kivu out of a total of 17 000 soldiers present on DRC territory,

H.

whereas the member states of the UN Security Council — which includes Belgium, France, Italy and the United Kingdom — have always refused to give MONUC supplementary means to fulfil its mission; whereas the Council of the European Union is calling for enhanced cooperation between the EU, its Member States and MONUC,

I.

whereas following the initiative of European Commissioner Louis Michel, a regional summit took place in Nairobi, during which the Presidents of the DRC, Joseph Kabila, and of Rwanda, Paul Kagame, agreed to implement immediately all the agreements made in the past, with a view to ensuring peace and sustainable political stability,

J.	whereas, however, that meeting has not been followed by any immediate ceasefire in the east of the DRC, and violent fighting has continued between parties to the conflict, which has severely affected the civilian population,

K.

whereas MONUC has clearly established that Laurent Nkunda's fighters are receiving support from Rwanda, and the United Nations Secretary-General Ban Ki-moon has called on African leaders to assume their ‘historical responsibility at this critical moment for the region, for Africa and for the world’,

L.

whereas humanitarian organisations are currently responsible for 200 000 refugees in the camps around the town of Goma and estimate that there may be as many as 1 million civilians hiding in the bush in order to escape the violence; whereas the situation in the refugee camps is deteriorating from day to day and the UN High Commissioner for Refugees expresses fears of possible militarisation of refugee camps,

M.	whereas the recruitment of child soldiers in the east of the DRC has increased significantly since the escalation of the conflict,

N.	whereas it appears that DRC troops and fighters belonging to the FDLR are both involved in the exploitation and sale of minerals in the east of the DRC,

O.	whereas the plan to end the crisis in the east of the country, established by DRC parliamentarians, calls for a general mobilisation in favour of military, political and diplomatic dialogue between the parties involved in the conflict,

P.

whereas the Ministers of Foreign Affairs of France and of the United Kingdom, Bernard Kouchner and David Miliband, recommended strengthening MONUC rather than sending a European force to North Kivu but at the same time affirmed that the possibility of sending a European force was not excluded if it became necessary,

Q.	whereas the epidemics in North Kivu are worsening, with cholera, measles and whooping cough spreading as huge numbers of displaced people are being lodged in temporary sites,

1.   Is extremely concerned at the increase in clashes in North Kivu and the consequences for the population of the east of the DRC and the region as a whole, particularly the humanitarian consequences resulting from the recent offensive by the CNDP, which has displaced and killed large numbers of people in North Kivu;

2.   Expresses its deep outrage at the massacres, crimes against humanity and acts of sexual violence against women and girls in the eastern provinces of the DRC, and calls on all relevant national and international authorities systematically to bring the perpetrators to justice; calls on the UN Security Council, as a matter of urgency, to take all measures capable of genuinely preventing any further attacks on the civilian population of the eastern provinces of the DRC;

3.   Welcomes the decisions taken by the Commission and the Member States to increase humanitarian aid to the civilian population affected by this crisis; draws attention to the difficulties faced by the humanitarian organisations in delivering humanitarian assistance thanks to the security situation in North Kivu; calls on all parties to guarantee access to vulnerable communities and to ensure the safety of aid workers so that the humanitarian presence can continue; recalls that military means and capacities should be used to back up humanitarian aid operations only in very specific circumstances and as a last resort;

4.   Reiterates its firm belief that the Amani and Nairobi processes are still the appropriate framework for stabilising the situation in the east of the DRC in the long term;

5.   Urges Laurent Nkunda to respect his own declaration supporting the peace process for the east of the DRC, made after talks with the Special Envoy of the Secretary-General of the United Nations and the former President of the Republic of Nigeria, Olusegun Obasanjo; calls in this regard on the CNDP to rejoin the Amani peace process without delay; reaffirms its support for the DRC authorities in the search for a political solution to the crisis; welcomes the plan put forward by the DRC parliamentarians, which calls for a general mobilisation in favour of military, political and diplomatic dialogue;

6.   Considers that an international conference on the Great Lakes should be convened to find a viable political solution to the conflict and promote sound regional economic integration, which will benefit all countries of the region;

7.   Stresses the need for further efforts to put an end to the activity of foreign armed groups in the east of the DRC, in particular the FDLR; calls on the governments of the DRC and of other countries in the region to take the necessary steps to this end; welcomes the DRC-Rwanda agreement, announced by the foreign ministers of the two countries, allowing Rwandan intelligence teams to go into the DRC and cooperate with the DRC army to end the FDLR presence in the region;

8.   Calls on the African Union, the UN Security Council and key international players, including the EU, the USA and China, to increase pressure on all parties to push forward with the peace process, finding a solution to the problem of control of the mineral resources and aiming for a broad peace agreement rather than only a ceasefire, and further calls on these actors to put pressure on Rwanda and Uganda to give a commitment to end the free movement and operations of Nkunda's troops on their territory;

9.   Urges all parties concerned to restore the rule of law and fight impunity, specifically in connection with the mass rapes of women and girls and the recruitment of child soldiers;

10.   Calls on the Government of the DRC to develop a plan with Rwanda and MONUC to isolate and capture the leaders of the genocide among the FDLR and offer resettlement in the DRC or reintegration in Rwanda to those who were not involved in the genocide and are willing to demobilise;

11.   Calls on the DRC authorities to put an immediate stop to any looting and violence by government soldiers, as witnessed by the UN Office for the Coordination of Humanitarian Aid;

12.   Calls on the EU Member States to implement the recommendation of the UN Panel of Experts on the illegal exploitation of the DRC's natural resources, including sanctions against those persons and companies whose participation in the pillage has been proven, in order to contribute to the stabilisation of the country;

13.   Points out that the illegal exploitation of natural resources in the east of the DRC is a source of funding for the rebel groups and, therefore, of instability in the region; reiterates the importance of combating such illegal exploitation by rebel groups and governments in the region; calls in this respect on the DRC authorities, in collaboration with MONUC, to close down the economic bases of rebel groups by preventing them from accessing mineral supplies (particularly diamonds, coltan and gold) and trading networks;

14.   Calls on the Council and the Commission to insist in talks with the governments of the DRC and neighbouring countries on the implementation of effective systems of traceability and proof of origin of natural resources, namely gold, cassiterite (tin ore), coltan, cobalt, diamonds, pyrochlore and timber, which should include acceptance of the deployment, on their territory, of UN-mandated monitors to observe imports of natural resources from the DRC and to ensure the protection of these UN-mandated monitors;

15.   Reiterates its call for the effective establishment of monitoring mechanisms analogous to the Kimberley process for the certification of the origin of natural resources from the DRC imported into the EU;

16.   Calls on the Commission and the Member States to ensure that European companies do not trade in, handle or import products derived from minerals that have been sourced in a manner that benefits armed groups in the DRC, and hold accountable any that persist in such practices;

17.   Calls on the Council and the Commission to make every effort to find a political solution, which is the only way to put an end to the conflicts in the DRC; welcomes, in this regard, the initiative taken by Commissioner Michel to organise a meeting of the President of the DRC and the President of the Republic of Rwanda in Nairobi; calls on the Commission to engage with the authorities of the DRC with a view to implementing the agreement regarding the return of FDLR fighters to Rwanda; urges the authorities of the DRC and the Republic of Rwanda to step up their cooperation in order to implement the commitments agreed on in Nairobi, and to give priority to dialogue and consultation with a view to helping to bring about lasting peace in the east of the DRC and stability in the region;

18.   Calls for zero tolerance of the sexual violence against girls and women which is used as a weapon of war and for severe criminal penalties to be imposed on the perpetrators of these crimes; draws attention to the importance of access to health services in conflict situations and refugee camps, especially in the light of the recent outbreaks of cholera, whooping cough and measles;

19.   Reaffirms its support for MONUC in the present dramatic circumstances in which, despite its shortcomings, its presence remains indispensable, and calls for every effort to be made to allow it to carry out its mandate in full and to use the force of arms to protect those under threat; in this respect, calls on the Council, and in particular, Belgium, France, Italy and the United Kingdom, to play a leading role in ensuring that the United Nations Security Council and the Department for Peacekeeping Operations supports MONUC by strengthening its operational capacities in terms of appropriate equipment and manpower;

20.   Calls on the Council to urge the UN Security Council to provide MONUC with the mandate and the means to address the exploitation of minerals by armed groups, including by monitoring and controlling key border posts, airstrips, selected mining areas and supply routes;

21.   Insists that, if additional military forces are deployed, their mandate should focus on the protection of civilians, as well as supporting and contributing to respect for new peace agreements which could be concluded;

22.   Calls on the Council and the Commission to draw up, together with the Government of the DRC, the UN and other major donors, a new plan for large-scale disarmament, demobilisation and reintegration (DDR) in the DRC based on the EU concept for support to DDR and an ambitious security sector reform strategy for the country based on the EU's Policy Framework for Security Sector Reform, both to be adequately financed by both Community and CFSP funding;

23.   Calls on the Government of the DRC to do everything possible to identify those responsible for the war crimes committed in the region, and to bring them to justice;

24.   Calls on the Council and Commission to implement with immediate effect large-scale humanitarian and medical assistance and reintegration programmes for the civilian populations in the eastern parts of the DRC, with a particular focus on assistance for women and girls affected by crimes of sexual violence, in order to meet immediate needs and in anticipation of the reconstruction which will be required; notes the key role played by women in rebuilding shattered communities;

25.   Notes with interest the appointment of a team of facilitators including the former President of the Republic of Nigeria, Olusegun Obasanjo, and the former President of the United Republic of Tanzania, Benjamin Mkapa; calls on the Council to work together with the International Conference on the Great Lakes Region and the African Union to stabilise the situation in the east of the DRC;

26.   Calls on the Council to work with international and regional mediators to address the economic agendas of the warring parties explicitly in the context of current mediation efforts;

27.   Calls on the Council and Commission to closely follow the humanitarian and security situation in the east of the DRC, with a view to determining in more detail the different lines of action that may be envisaged in the light of circumstances;

28.   Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Chairman of the Commission of the African Union, the President of the Pan-African Parliament and the governments and parliaments of the Democratic Republic of Congo and of the other member states of the Southern African Development Community.

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(1)  Texts Adopted, P6_TA(2008)0526.

(2)  Texts Adopted, P6_TA(2008)0072.

(3)  Texts Adopted, P6_TA(2008)0022.

(4)  OJ C 282 E, 6.11.2008, p. 460.

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22.1.2010

EN

Official Journal of the European Union

CE 16/57

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European Space Policy

P6_TA(2008)0564

European Parliament resolution of 20 November 2008 on the European space policy: how to bring space down to earth

(2010/C 16 E/11)

The European Parliament,

—	having regard to the Council resolution of 26 September 2008 on taking forward the European Space Policy (1),

—	having regard to the UN Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Resolution 2222 (XXI) — Outer Space Treaty),

—	having regard to its resolutions of 10 July 2008 on space and security (2), and of 29 January 2004 on the action plan for implementing the European space policy (3), and to the deliberations of the public hearing organised by its Committee on Industry, Research and Energy on 16 July 2007,

—	having regard to Council resolution of 21 May 2007 on the European space policy (4),

—	having regard to the Commission working document of 11 September 2008 entitled European Space Policy Progress Report (COM(2008)0561),

—	having regard to the Council Decision of 7 October 2003 on the signing of the Framework Agreement between the EC and the European Space Agency,

—	having regard to the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union (TEU), as amended by the Treaty of Lisbon, and the relevant provisions on the European space policy (Article 189 of the TFEU),

—	having regard to Rule 108(5) of its Rules of Procedure,

A.	whereas space is a strategic asset of fundamental importance for Europe's independence, security and prosperity and whereas political developments in this area must be spearheaded by the Council together with Parliament,

B.

whereas the EU and a number of its Member States have been involved in financing and developing space technology and science for over 30 years, resulting in the establishment of a vision for a European space policy (ESP), and recognising the fruitful cooperation with the European Space Agency (ESA),

C.	whereas there is a growing interest in a strong and leading role for the EU in an ESP in order to foster solutions in the field of the environment, transport, research, defence and security,

D.

whereas a strong ESP, in particular, in terms of applications, services and related infrastructures, will contribute to the EU's societal, cultural, economic and scientific influence, help develop its industrial and scientific base, contribute to its growth and employment and will ensure its political and technological autonomy in a coherent and realistic manner,

E.	whereas all Europe's space activities fully respect the principle that the exploration and use of outer space are for the benefit and in the interests of all countries and recognise outer space as a province of all mankind to be used for exclusively peaceful purposes,

F.	whereas the EU is committed to promoting international cooperation in the exploration and use of outer space; sharing the Council's view that Europe should undertake its actions regarding space exploration within a worldwide programme,

G.	whereas it is important to the development of the ESP to reinforce public understanding and support for the development of space technologies, ensuring the complementarity of actions and maximising synergies with non-space developments,

H.	whereas there is a strategic need for Europe to guarantee the continuity of autonomous, reliable, sustainable and cost-efficient access to space, based on both the availability of a set of adequate and competitive world-class launchers and an operational European space port,

I.

whereas it is necessary to find adequate EU instruments and funding schemes for the ESP to supplement the allocations from the Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007-2013), so as to allow the different economic actors to plan their actions in the medium and long term,

J.

whereas an adequate structure of governance in the field of space policy and activities and an appropriate regulatory framework to ease the swift emergence of innovative and competitive downstream services, in particular with the objective of guaranteeing sustained access to spectrum for all space-based applications, are fundamental to ensure that the ESP delivers the expected results and matches the ambitions of the EU, the ESA and their respective Member States,

K.	whereas a precise calendar needs to be defined to fulfil the goals of Galileo, EGNOS and the programme for Global Monitoring for Environment and Security (GMES — renamed Copernicus) and a roadmap should be established for the various bodies playing a role in the implementation of these programmes,

L.

whereas space now represents a unique tool for instantaneous collection and worldwide broadcasting of large quantities of data in today's society, as well as a crucial tool for the understanding and monitoring of global climate change, a field in which Europe is at the forefront; calling on the other international actors to a more responsible attitude towards future generations,

M.	whereas important breakthroughs can be achieved regarding security aspects in space, mainly in the field of telecommunications, surveillance and Earth observation,

N.	whereas the resolution of the fourth Space Council of 22 May 2007 (joint meeting between the Council of the European Union and the ESA Council) calls for the optimisation of the decision-making process on space-related issues in the Council of the European Union as well as in other EU institutions,

O.	whereas the next financial framework should take into account adequate EU instruments and funding schemes to allow long-term Community investment for space-related research and for the operation of sustainable space-based applications for the benefit of Europe and its citizens,

P.	whereas the EU should strengthen its cooperation with developing countries,

1.   Welcomes the Council conclusions of 26 September 2008 as a useful political commitment towards the development of anESP which contributes strongly to a European identity and reiterates its intention of being constructive and participating fully in its implementation, as if the Treaty of Lisbon were in force;

2.   Agrees with the Council that the current priorities are the timely implementation of the Galileo and EGNOS and GMES/Copernicus programmes;

3.   Welcomes in particular the creation of the Galileo Inter-institutional Panel which may serve as a model in the development of the ESP;

4.   Calls on the Commission and the Council to set a precise calendar for the creation of an efficient governance structure regarding the GMES/Copernicus programme and to clearly establish a roadmap for this programme with the aim of improving its efficiency and specifying its budget allocation;

5.   Insists on the decisive role of the GMES/Copernicus programme as a user-driven initiative implemented thanks to the essential contribution of the in-situ Earth- and space-based observation infrastructures; stresses that data and service continuity is indispensable; takes the view, more particularly, that the Commission should first undertake to commission an impact assessment of the potential benefits, the costs to be incurred and the long-term evolution of the GMES/Copernicus programme, and then submit to Parliament and the Council an action plan covering, inter alia, the following aspects:

—	the legal framework of the GMES/Copernicus programme,

—	GMES/Copernicus governance, including the role of EU and non-EU bodies,

—	funding of the GMES/Copernicus programme,

—	an implementation plan,

—	the role of similar but complementary initiatives, both intergovernmental and multilateral,

—	the international aspects of the GMES/Copernicus programme, and hence the necessary cooperation;

6.   Regrets that, despite the clear recommendations of the user community, the continuity of the low inclination altimetry data is not ensured after the end of life of the Jason 2 satellite already in orbit, and asks the Commission to tackle the problems relating to the financing of Jason 3, which risk endangering the short-term sustainability of Copernicus services, and to report to Parliament on the decisions taken in this respect;

7.   Encourages the establishment of a structured dialogue between European institutional actors and intergovernmental actors, ensuring for all Member States an open and equitable access to the benefits of the ESP;

8.   Calls on the Council and the Commission to encourage synergies between civilian and security developments in the field of space; points out that the European security and defence capabilities depend among other things on the availability of satellite-based systems and that access to these is crucial for the European Union;

9.   Asks the Council and the Commission to make progress on the subject of international relations, namely on competition in international commercial and government markets, with the goal of ensuring that Europe speaks with one voice and follows an agreed strategy;

10.   Agrees with the Council that international cooperation on space must serve the interests of Europe and that, with this purpose, should contribute to global initiatives; stresses the importance of ensuring Europe's political, technological and operational autonomy;

11.   Reminds the Council and the Commission of their stated intention of submitting to Parliament, in the context of the ESP implementation plan, specific recommendations or proposals, given the nature of the four priority areas, on:

—	space and climate change,

—	the ESP's contribution to the Lisbon Strategy,

—	space and security, based on its resolution of 10 July 2008,

—	space exploration, including human presence and manned space flight;

12.   Stresses the importance of developing a space-related industrial policy, a crucial element in this policy being the regulatory framework and the standardisation programme which contributes to the emergence of new European downstream markets, and recalls that the Galileo Regulation sets a benchmark for the involvement of small and medium-sized enterprises in European space-related industrial policy;

13.   Recognises the unique contribution of space programmes which, allowing global and long-term coverage, make available important data for research into climate change, and provide the evidence base for key decisions to be taken in environment policy;

14.   Recognises that space can contribute to reaching the Lisbon goals so as to fulfil the economic, educational, social and environmental ambitions of the EU and the expectations of its citizens;

15.   Recognises the need for the EU to take practical steps to pursue the reduction of Europe's dependence concerning selected critical space technologies, components and operations;

16.   Considers that Europe should develop a common vision and long-term strategic planning for space exploration to play a role in international programmes (such as the Global Exploration Strategy) for human and robotic space exploration, including the possibility of a human expedition to Mars;

17.   Urges that consideration be given to a possible new specific budget line for the ESP in the EU budget in order to reflect the strong commitment of the EU towards the ESP and to increase the clarity and transparency of this policy, should the provisions of the Lisbon Treaty relating to space policy enter into force;

18.   Calls on the Commission and the Member States to promote investments in space-related science and technology;

19.   Calls on the Commission to take the appropriate initiatives for developing the use of space for the collection and distribution of information and insists on the need to encourage technological developments in the field of surveillance and observation of space;

20.   Calls on the Commission to take the necessary measures to avoid pollution of outer space;

21.   Calls on the Commission to produce a study on the impact of space tourism and its necessary relevant safety, security and regulatory framework;

22.   Calls on the Council and the Commission to initiate a large-scale effort of reflection on space exploration, defining a vision of what should be Europe's position in, and resources for, future worldwide exploration endeavours; in this respect, wishes to be closely associated with the forthcoming high-level conference on exploration proposed by the Commission;

23.   Stresses the value of space exploration for inspiring young Europeans to choose a career in science and technology and to strengthen research capabilities in Europe;

24.   Instructs its President to forward this resolution to the Council, the Commission, the European Space Agency, the governments and parliaments of the Member States and the Secretary-General of the United Nations.

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(1)  OJ C 268, 23.10.2008, p. 1.

(2)  Texts Adopted, P6_TA(2008)0365.

(3)  OJ C 96 E, 21.4.2004, p. 136.

(4)  OJ C 136, 20.6.2007, p. 1.

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22.1.2010

EN

Official Journal of the European Union

CE 16/61

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Cluster munitions

P6_TA(2008)0565

European Parliament resolution of 20 November 2008 on the Convention on cluster munitions

(2010/C 16 E/12)

The European Parliament,

—	having regard to the Convention on cluster munitions (CCM) adopted by 107 countries at the diplomatic conference held in Dublin from 1919 to 30 May 2008,

—	having regard to the message of 30 May 2008 from the United Nations Secretary-General encouraging ‘States to sign and ratify this important agreement without delay’ and stating that he looks forward ‘to its rapid entry into force’,

—	having regard to its resolution of 25 October 2007 entitled ‘Towards a global treaty to ban all cluster munitions’ (1),

—	having regard to Rule 108(5) of its Rules of Procedure,

A.	whereas the CCM will be open for signature as from 3 December 2008 in Oslo, and thereafter at the United Nations in New York, and will enter into force on the first day of the sixth month after the thirtieth ratification,

B.	whereas the CCM will prohibit the use, production, stockpiling and transfer of cluster munitions as an entire category of weapons,

C.	whereas the CCM will require States Parties to destroy stockpiles of such munitions,

D.	whereas the CCM will establish a new humanitarian standard for the assistance of victims and will require States to clear unexploded cluster munition remnants that are left behind after conflicts,

1.   Welcomes the work of civil society, in particular the Cluster Munitions Coalition, in seeking to bring an end to the human suffering caused by cluster munitions;

2.   Calls on all States to sign, ratify and implement the CCM at the earliest opportunity;

3.   Calls on all States to take steps at national level to begin implementing the CCM even before it is signed and ratified;

4.   Calls on all States not to use, invest in, stockpile, produce, transfer or export cluster munitions until the CCM has entered into force;

5.   Calls on all those EU Member States which have used cluster munitions to provide assistance to affected populations and on the Commission to increase financial assistance through all available instruments to communities and individuals affected by unexploded cluster munitions;

6.   Calls on all those EU Member States which have used cluster munitions to provide technical and financial assistance for the clearance and destruction of cluster munition remnants and on the Commission to increase financial assistance for the same purpose through all available instruments;

7.   Calls on all the EU Member States not to take any action which might circumvent or jeopardise the CCM and its provisions; in particular, calls on all the EU Member States not to adopt, endorse or subsequently ratify a possible Convention on Conventional Weapons (CCW) Protocol allowing for the use of cluster munitions which would not be compatible with the prohibition of such munitions pursuant to Articles 1 and 2 of the CCM;

8.   Instructs its President to forward this resolution to the Council, the Commission, the High Representative for the Common Foreign and Security Policy, the governments and parliaments of the EU Member States, the UN Secretary-General and the Cluster Munitions Coalition.

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(1)  OJ C 263 E, 16.10.2008, p. 648.

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22.1.2010

EN

Official Journal of the European Union

CE 16/62

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HIV/AIDS: early diagnosis and early care

P6_TA(2008)0566

European Parliament resolution of 20 November 2008 on HIV/AIDS: early diagnosis and early care

(2010/C 16 E/13)

The European Parliament,

—	having regard to its resolution of 24 April 2007 on combating HIV/AIDS within the EU and in the neighbouring countries, 2006-2009 (1),

—	having regard to the Bremen Declaration of 13 March 2007 on ‘Responsibility and Partnership — Together against HIV/AIDS’,

—	having regard to its resolution of 6 July 2006 on HIV/AIDS: time to deliver (2),

—	having regard to its resolution of 30 November 2006 on AIDS (3),

—	having regard to the Council Conclusions of 6 June 2005 on combating HIV/AIDS,

—	having regard to the Commission Communication of 15 December 2005 on ‘Combating HIV/AIDS within the European Union and in the neighbouring countries, 2006-2009’ (COM(2005)0654),

—

having regard to the ‘Dublin Declaration’ on partnership to fight HIV/AIDS in Europe and Central Asia, adopted at the Ministerial Conference ‘Breaking the Barriers — Partnership to fight HIV/AIDS in Europe and Central Asia’ held on 23-24 February 2004 within the framework of the Irish EU Presidency,

—	having regard to the report of the Joint United Nations Programme on HIV/AIDS (UNAIDS) and WHO Europe entitled ‘Progress on implementing the Dublin Declaration on Partnership to Fight HIV/AIDS in Europe and Central Asia’ of 2008,

—

having regard to the ‘Vilnius Declaration’ on measures to strengthen the response to HIV/AIDS in the European Union and in neighbouring countries, adopted by Ministers and representatives of governments from the European Union and neighbouring countries at the conference ‘Europe and HIV/AIDS — New Challenges, New Opportunities’ conference, held in Vilnius, Lithuania, on 16-17 September 2004,

—	having regard to the WHO's 2006 HIV/AIDS programme ‘Towards universal access by 2010’,

—	having regard to the Eurobarometer survey on AIDS Prevention of February 2006,

—	having regard to Rule 103(4) of its Rules of Procedure,

A.	whereas EuroHIV's end-year report 2006 shows that 269 152 people were newly diagnosed as infected with HIV in 1999-2006 within the European Union and 806 258 people were newly diagnosed as infected with HIV in the European Region of the WHO,

B.	whereas in the European Union 11 % of all new HIV infections affect young people under the age of 25, according to the EuroHIV end-year report 2006,

C.

whereas the reports from EuroHIV and UNAIDS confirm that the number of new HIV infections is still rising at an alarming rate within the European Union as well as in neighbouring countries, and that in some countries the estimated number of people infected with HIV is almost three times higher than the official number,

D.	whereas, despite the increased number of HIV infections, the steady decrease in the number of AIDS cases diagnosed in recent years has continued in 2006, with 40 % fewer cases diagnosed in 2006 in comparison to 1999 in the EU, according to the EuroHIV end-year report 2006,

E.	whereas a large proportion of HIV infections remain undiagnosed; whereas many people do not know whether they are infected or not, and are likely to discover it only once afflicted by HIV/AIDS-related illnesses,

F.	whereas the infectivity of HIV increases significantly in the presence of other sexually transmitted diseases (such as gonorrhea, chlamydia, herpes and syphilis),

G.	whereas the epidemic among intravenous drug users is one of the reasons for the rapid spread of HIV infection in many Eastern European countries,

H.	whereas HIV/AIDS is a communicable disease, and there is a risk of contagion even from infected persons whose infection has not been detected,

I.

whereas the report of UNAIDS and WHO Europe, entitled ‘Progress on implementing the Dublin Declaration on Partnership to Fight HIV/AIDS in Europe and Central Asia’, found that few of the 53 countries in the European region had adopted an approach to tackling stigma, discrimination and human rights that complied with their Dublin declaration commitments,

J.	whereas full protection of human rights is essential in every aspect of the response to HIV,

K.	whereas there is a critical need for cross-border cooperation to address the epidemic,

L.	whereas effective public health measures to facilitate the early diagnosis of HIV need to be introduced,

1.   Calls on the Council and the Commission to formulate a strategy on HIV to:

—	promote early diagnosis and reduction of barriers to testing;

—	ensure early care and communication of the benefits of earlier care;

2.   Calls on the Commission to ensure accurate monitoring and surveillance by the European Centre for Disease Prevention and Control, including more precise estimates (size, characteristics, etc.) of the undiagnosed population, respecting confidentiality and protecting personal data;

3.   Calls on the Commission to commit substantial political, financial and human resources to support the implementation of such a strategy;

4.   Calls on the Commission and the Member States to ensure access to testing, which must remain free and anonymous;

5.   Calls on the Commission to establish an HIV/AIDS risk reduction strategy focusing on vulnerable groups and groups known to be at high risk;

6.   Calls on the Council to instruct the Commission to prepare Council recommendations on the implementation of evidence-based testing and treatment guidelines in each Member State;

7.   Calls on the Council to instruct the Commission to ensure that future monitoring of progress in the fight against HIV/AIDS in Europe and neighbouring countries incorporates indicators that directly address and assess human rights issues in relation to HIV/AIDS;

8.   Calls on the Member States to enact provisions which effectively outlaw discrimination against people living with HIV/AIDS, including restrictions that impact on their freedom of movement within their jurisdictions;

9.   Calls on the Member States to step up information and education campaigns on the prevention, testing and treatment of HIV/AIDS;

10.   Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the UN Secretary-General, the Joint United Nations Programme on HIV/AIDS and the World Health Organization.

---

(1)  OJ C 74 E, 20.3.2008, p. 348.

(2)  OJ C 303 E, 13.12.2006, p. 871.

(3)  OJ C 316 E, 20.12.2006, p. 366.

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22.1.2010

EN

Official Journal of the European Union

CE 16/65

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Situation in the beekeeping sector

P6_TA(2008)0567

European Parliament resolution of 20 November 2008 on the situation in the beekeeping sector

(2010/C 16 E/14)

The European Parliament,

—	having regard to Rule 108(5) of its Rules of Procedure,

A.	whereas the beekeeping sector throughout the world, and more particularly in Europe, is encountering very serious difficulties,

B.	whereas apiculture has a beneficial impact on the ecosystem as a whole and is essential for the agricultural ecosystem in particular,

C.	whereas it is essential to preserve biodiversity, to which apiculture makes a significant contribution through cross-pollination activities,

D.	whereas beekeeping has been practised in Europe for thousands of years and forms an integral part of its cultural and agriculture heritage,

E.	whereas apiculture products confer nutritional and medicinal benefits,

F.	whereas the variety and high quality of honey and other apiculture products such as royal jelly, propolis, venom and beeswax produced by the European beekeeping sector is due to its expertise and the diversity of its climate,

G.	whereas the sector suffers unfair competition from products originating in third countries and imported into the Community market,

H.	whereas honey may be imported from various regions of the world, but only bees, in sufficient numbers, can guarantee pollination,

I.	whereas there is a serious threat of a decline in bee colonies due to the significant reduction in the supply of pollen and nectar,

J.	whereas there has been a drastic decline in the number of bee colonies in the world,

K.	whereas the continued presence in hives of the parasitic bee mites, Varroa spp., colony collapse disorder and the spread of Nosema ceranae are among the causes of the crisis in bee health,

L.	whereas 76 % of the production of food for human consumption is dependent on the beekeeping sector,

M.	whereas 84 % of vegetable species cultivated in Europe depend on pollination,

N.	whereas the instructions and good practice applicable to the use of biocides are too often ignored,

O.	whereas no methods exist as yet to eradicate certain bee diseases which result in a reduction in their resistance and the loss of hives,

1.   Considers that it is essential to respond without delay to the crisis in bee health in an appropriate manner and with effective tools;

2.   Considers that action should be taken to tackle unfair competition from apiculture products originating in third countries, which is partly the result of lower production costs, particularly as regards the price of sugar and labour;

3.   Calls on the Commission to step up immediately further research into the parasites and diseases, as well as other potential causes such as erosion of genetic diversity and cultivation of genetically modified crops, decimating the bee population, while making additional budgetary resources available for this research;

4.   Considers it vital to make it compulsory to indicate the country of origin of bee honey on labels;

5.   Calls on the Council and the Commission to introduce measures under the CAP Health Check encouraging the creation of ecological compensation areas (such as apicultural set-aside areas) especially in large areas of arable cultivation; calls for such areas to be situated in those parts of fields which are difficult to cultivate, where plants such as phacelia, borage, charlock and wild white clover could be grown, providing rich sources of nectar in areas where bees gather;

6.   Calls on the Council and the Commission to give due consideration to the health of bees, the possibilities for marketing bee products and the economic impact on the beekeeping sector in all discussions and future legislative steps concerning the cultivation of genetically modified crops in the European Union;

7.   Calls on the Commission to promote the necessary measures to limit the risk of insufficient pollination both for beekeepers and for farmers, whose production could increase considerably;

8.   Calls on the Commission to ensure that the quality of surface water is monitored and controlled, as bees are highly sensitive to any deterioration in their environment;

9.   Calls on the Commission to undertake research into the link which exists between bee mortality and the use of pesticides such as thiamethoxam, imidacloprid, clothianidin and fipronil so that it can take appropriate measures as regards authorisation of such products;

10.   Calls on the Commission to coordinate all information pertaining to this situation that is presently available in each Member State; believes that the Commission should cooperate with recognised organisations with a view to exchanging scientific information they have concerning the impact of pesticides on bees;

11.   Considers it vital to introduce a requirement that imported honey be analysed to detect the possible presence of American foulbrood bacteria;

12.   Urges the Commission to propose a financial aid mechanism for apiaries which are in difficulties due to bee mortality;

13.   Calls for the Commission to incorporate into its veterinary policy research into, and action to tackle, bee diseases;

14.   Calls on the Commission to urge all Member States to bring forward immediate support for the beekeeping sector;

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

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22.1.2010

EN

Official Journal of the European Union

CE 16/67

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Environmental inspection in Member States

P6_TA(2008)0568

European Parliament resolution of 20 November 2008 on the review of Recommendation 2001/331/EC providing for minimum criteria for environmental inspections in the Member States

(2010/C 16 E/15)

The European Parliament,

—	having regard to Recommendation 2001/331/EC of the European Parliament and of the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (1),

—	having regard to the Commission Communication of 14 November 2007 on the review of Recommendation 2001/331/EC providing for minimum criteria for environmental inspections in the Member States (COM(2007)0707),

—	having regard to Rule 108(5) of its Rules of Procedure,

A.	whereas in 2001 Parliament and the Council adopted Recommendation 2001/331/EC, containing non-binding criteria for planning, carrying out, following up and reporting on environmental inspections, recognising that there was a wide disparity between inspection systems in the Member States,

B.	whereas the recommendation's aim was to strengthen compliance with Community environmental law and to contribute to its more consistent implementation and enforcement in all Member States,

C.	whereas the abovementioned Communication sets out the Commission's views on further development of the recommendation, based, inter alia, on the reports that the Member States have submitted on their implementation of the recommendation,

D.	whereas that Communication noted that the information submitted by the Member States on how they were implementing the recommendation was ‘incomplete or difficult to compare’,

E.	whereas the information submitted by the Member States demonstrated that ‘only a few have achieved full implementation’, and that ‘there are still large disparities in the way environmental inspections are being carried out within the Community’,

F.	whereas according to the Commission the situation of incomplete implementation is partially due to differing interpretations by Member States of the definitions and criteria of the recommendation and of the reporting requirements,

G.

whereas the Commission recognises that the scope of the recommendation is inadequate and does not include many important activities, such as Natura 2000, the control of illegal waste shipments, the registration, evaluation, authorisation and restriction of chemical substances (REACH), the restriction of certain hazardous substances in products (e.g. the Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment — the RoHS Directive), trade in endangered species as well as activities related to genetically modified organisms and producer responsibility systems,

1.   Voices its concern at the Commission's conclusion that the full implementation of environmental legislation in the Community cannot be ensured, since this leads not only to continuing damage to the environment but also to distortions of competition;

2.   Emphasises that good and even enforcement of Community environmental law is essential, and that anything less falls short of public expectations and undermines the reputation of the Community as an effective guardian of the environment;

3.   Opposes the Commission's intention of dealing with the problem only through a non-binding recommendation and through the insertion of specific legally binding requirements in sectoral legislation;

4.   Urges the Commission instead to come forward, before the end of 2009, with a proposal for a directive on environmental inspections, clarifying the definitions and criteria set out in Recommendation 2001/331/EC and extending its scope;

5.   Considers it essential to strengthen the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL) and urges the Commission to report, before the end of 2009, on possible ways of doing so, including the establishment of a Community environmental inspection force;

6.   Proposes that greater emphasis be placed on supporting environmental education and information provision, the specific content of which would be determined at local, regional or national level on the basis of the needs and problems identified in a given area;

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

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(1)  OJ L 118, 27.4.2001, p. 41.

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22.1.2010

EN

Official Journal of the European Union

CE 16/68

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Somalia

P6_TA(2008)0569

European Parliament resolution of 20 November 2008 on Somalia

(2010/C 16 E/16)

The European Parliament,

—	having regard to its resolutions on the situation in Somalia, particularly that of 15 November 2007 on Somalia (1) and that of 19 June 2008 on the routine killing of civilians in Somalia (2),

—	having regard to the Amnesty International report of 1 November 2008 entitled ‘The State of the World's Human Rights’,

—	having regard to the statement of 8 November 2008 made by Radhika Coomaraswamy, the UN Secretary-General's Special Representative for children and armed conflict, condemning the stoning of 13-year-old Aisha Ibrahim Duhulow,

—	having regard to various regional human rights instruments, and in particular the African Charter on Human and Peoples' Rights of 1981 and the Protocol of 2003 thereto on the Rights of Women in Africa,

—	having regard to Rule 115(5) of its Rules of Procedure,

A.	whereas on 27 October 2008 a 13-year-old girl named Aisha Ibrahim Duhulow was stoned to death in Somalia,

B.	whereas the stoning to death was carried out by a group of 50 men in a stadium in the southern port of Kismayo, in front of around 1 000 spectators,

C.	whereas she was accused and convicted of adultery in breach of Islamic law while she was in fact a victim of rape by three men,

D.	whereas the al-Shabab militia, who control Kismayo, detained and ordered the execution by stoning of Aisha Ibrahim Duhulow, but did not arrest or detain those accused of her rape,

E.	whereas inside the stadium, militia members opened fire when some of the people at the stadium attempted to save the life of Aisha Ibrahim Duholow, and shot dead a boy who was a bystander,

F.	whereas there are credible reports that human rights activists in Kismayo have received death threats from the al-Shabab militia, who accuse them of spreading false information about the incident,

G.

whereas, due to the dramatic situation in Somalia and the widespread violence perpetrated by some factions of the Alliance for the Re-Liberation of Somalia (the so-called ‘Islamic Courts’) which are trying to topple the legitimate government of Somalia, there are gross violations of human rights in Somalia on a daily basis,

H.	whereas these violations of human rights also include the recent kidnapping of two Italian Roman Catholic nuns from Kenya who were then taken to Somalia, and the increase in suicide attacks, which have killed at least 30 people in the north of the country in recent weeks,

I.	whereas members of staff from international organisations present in the country have recently been the target of violence and killings, and whereas the majority of these have been attributed to members of armed opposition groups, including al-Shabab militias, and the faction ‘Islamic Courts’,

J.	whereas the Islamist insurgents have carried out public floggings in the capital, Mogadishu, attempting to show their growing strength,

K.	whereas such brutal acts show the methods employed by such militias and, more generally, all the risks in terms of respect for human rights in the event of an expansion of their control over the country,

L.

whereas Somalia's Transitional Federal Government (TFG) and the Alliance for the Re-Liberation of Somalia (ARS) signed a cease-fire agreement on the 26 October 2008 in Djibouti, and whereas the regional leaders of the Inter-Governmental Authority for Development (IGAD) presented a peace plan for Somalia at the special Summit in Nairobi on 28-29 October 2008,

M.	whereas it is essential to support Somalia's TFG and its President, Mr Abdullahi Yusuf,

1.   Strongly condemns the stoning and execution of Aisha Ibrahim Duhulow and expresses its horror at such a barbaric act perpetrated against a 13-year-old rape victim;

2.   Calls on the Somali Government to condemn this execution and to take action to prevent such brutal executions in the future;

3.   Calls on the Somali Government to issue documents and make statements to restore the honour of Aisha Ibrahim Duhulow posthumously;

4.   Supports the legitimate Somali Government's attempts to assert its control over the port of Kismayo, and calls for those accused of raping Aisha Ibrahim Duhulow to be brought to trial in accordance with due process;

5.   Calls on the EU to provide all necessary support in order to create a lasting democratic government in Somalia and to further help the Somali Government to assert its control over the whole country and establish the rule of law in a manner compatible with its international human rights obligations, which would prevent such executions in the future;

6.   Strongly urges the African Union Mission in Somalia (Amisom) to make full use of its mandate to protect civilians, with a particular focus on women and children, and calls for it to be mandated to monitor, investigate and report human rights violations;

7.   Calls on both the Somali and Kenyan authorities to make all possible efforts and take all possible political and diplomatic initiatives to secure the release of the two Italian Roman Catholic nuns;

8.   Strongly supports the Djibouti agreement between the TFG and the ARS aimed at ending years of hostilities in Somalia and at forging a lasting solution to restore peace and put an end to the abuses referred to in this resolution;

9.   Instructs its President to forward this resolution to the Council, the Commission, the Member States, the Secretaries-General of the United Nation and the African Union, IGAD governments, Amisom and the Government of Somalia.

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(1)  OJ C 282 E, 6.11.2008, p. 479.

(2)  Texts Adopted, P6_TA(2008)0313.

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22.1.2010

EN

Official Journal of the European Union

CE 16/71

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Death penalty in Nigeria

P6_TA(2008)0570

European Parliament resolution of 20 November 2008 on the death penalty in Nigeria

(2010/C 16 E/17)

The European Parliament,

—	having regard to its previous resolutions on human rights violations in Nigeria,

—	having regard to the existing moratorium on the use of the death penalty by the Federal Government of Nigeria,

—	having regard to the Universal Declaration of Human Rights,

—	having regard to the International Covenant on Civil and Political Rights of 1966, ratified by Nigeria on 29 October 1993,

—	having regard to the African Charter on Human and People's Rights of 1981, ratified by Nigeria on 22 June 1983,

—	having regard to the African Charter on the Rights and Welfare of the Child of 1990, ratified by Nigeria on 23 July 2001,

—	having regard to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 ratified by Nigeria on 28 July 2001,

—	having regard to the Convention on the Elimination of All Forms of Discrimination against Women of 1979, ratified by Nigeria on 13 June 1985, and its Optional Protocol of 1999, ratified by Nigeria on 22 November 2004,

—	having regard to the Convention on the Rights of the Child of 1989, ratified by Nigeria on 19 April 1991,

—	having regard to Rule 115(5) of its Rules of Procedure,

A.	whereas more than 720 men and 11 women are under sentence of death in Nigeria's prisons,

B.	whereas the Nigerian National Study Group on the Death Penalty and the Presidential Commission on the Reform of the Administration of Justice have found that inmates on death row are almost exclusively poor and without legal representation,

C.	whereas although international law prohibits the sentencing of child offenders to the death penalty, at least 40 death row prisoners were aged between 13 and 17 at the time of their alleged offence,

D.	whereas Islamic Sharia courts have jurisdiction over criminal cases in 12 of Nigeria's 36 states; whereas these courts continue to hand down death sentences as well as sentences of flogging and amputation,

E.	whereas 47 % of death row inmates are waiting for their appeal to be decided, a quarter of prisoners' appeals have taken five years, 6 % of prisoners with appeals outstanding have waited more than 20 years, and one prisoner has spent 24 years on death row,

F.	whereas Nigeria's criminal justice system is riddled with corruption and negligence and suffers from a significant lack of resources,

G.	whereas torture, although prohibited in Nigeria, occurs on a daily basis, and almost 80 % of inmates in Nigerian prisons say they have been beaten, threatened with weapons or tortured in police cells,

H.	whereas many prisoners awaiting trial and on death row are being subjected to extortion by police officers, who ask them for money to release them,

I.	whereas more than half the country's 40 000 prison inmates have not been tried or sentenced,

J.	whereas chronic but preventable diseases such as HIV, malaria, tuberculosis, influenza and pneumonia are also present in the prisons,

K.

whereas the Nigerian authorities have made some attempts to address the failures of their judicial system; whereas the National Study Group on the Death Penalty (2004) and the Presidential Commission on the Reform of the Administration of Justice (2007) have expressed doubts as to whether the death penalty helps lower the rate and extent of crime in Nigeria; whereas, however, neither federal nor state governments have taken action to address the urgent problems highlighted by these two study groups,

L.	whereas Nigeria has not officially reported any executions since 2002,

M.	whereas only seven of the African Union's 53 member states are known to have carried out executions in 2007, while 13 African countries are abolitionist in law and a further 22 are abolitionist in practice,

N.	whereas in 1977 just 16 countries had abolished the death penalty for all crimes; whereas today, 137 out of 192 UN member states have abolished the death penalty in law or in practice,

1.   Calls on the Federal Government of Nigeria and the state governments to abolish the death penalty;

2.   Calls on the Federal Government of Nigeria and the state governments, pending abolition, to declare an immediate moratorium on all executions as provided for by UN General Assembly resolution 62/149 of 26 February 2008, and to commute without delay all death sentences to terms of imprisonment;

3.   Calls on the Federal Government of Nigeria and the state governments to develop a comprehensive approach to crime and explain how the crime situation will be addressed;

4.   Urges the Federal Government of Nigeria and the state governments to remove all provisions in both federal and state legislation which provide for the death penalty for people who were under the age of 18 at the time of the alleged crime;

5.   Calls on the Federal Government of Nigeria and the state governments to ensure that in capital cases the most rigorous internationally recognised and constitutional standards for fair trial are respected, especially in the areas of inadequate legal representation of poorer prisoners, of confessions or evidence obtained through violence, coercion or torture, of inordinately long trial and appeal periods, and of sentencing of minors;

6.   Calls on the Federal Government of Nigeria to ratify the 1989 Second Optional Protocol to the International Covenant on Civil and Political Rights and the 2002 Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

7.   Urges the Nigerian state governments to remove all provisions for mandatory death sentences;

8.   Calls on the Federal Government of Nigeria and the state governments to implement the recommendations of the National Study Group on the Death Penalty (2004) and the Presidential Commission on the Reform of the Administration of Justice (2007), and in particular to establish a moratorium on executions and commute all death sentences;

9.   Calls on the Council, the Commission and the Member States to provide technical support to the Nigerian authorities with a view to reviewing the legislation which provides for the death penalty, abolishing the death penalty, and improving the investigation procedures of the Nigerian police;

10.   Calls for support for the activities of the Working Group on the Death Penalty of the African Commission on Human and Peoples' Rights in drafting a protocol to the African Charter banning the death penalty and making its reinstatement impossible;

11.   Instructs its President to forward this resolution to the Council, the Commission, the parliaments and the governments of the Member States, The Economic Community Of West African States, the Federal Government and Parliament of Nigeria, the African Union and the Pan-African Parliament.

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22.1.2010

EN

Official Journal of the European Union

CE 16/73

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The case of the al-Kurd family

P6_TA(2008)0571

European Parliament resolution of 20 November 2008 on the case of the al-Kurd family

(2010/C 16 E/18)

The European Parliament,

—	having regard to its previous resolutions on the Middle East,

—	having regard to the report drawn up by its ad hoc delegation to Israel and the Palestinian Territories (30 May to 2 June 2008) and its conclusions,

—	having regard to the Fourth Geneva Convention,

—	having regard to the relevant United Nations (UN) resolutions,

—	having regard to the EU-Israel Association Agreement, and in particular Article 2 thereof,

—	having regard to the declaration issued by the Presidency on behalf of the European Union on 10 November 2008 on the destruction of houses in East Jerusalem,

—	having regard to Rule 115(5) of its Rules of Procedure,

A.

whereas, on the night of Sunday, 9 November 2008, members of the Israeli police and armed forces evicted the al-Kurd family from their home in the Sheikh Jarrah neighbourhood of East Jerusalem where they had lived for more than 50 years; whereas, immediately afterwards, they allowed settlers to enter the family's house and then sealed off the area,

B.	whereas this eviction was carried out on the basis of an order issued by the Israeli Supreme Court on 16 July 2008 following long and controversial legal proceedings on disputed ownership before Israeli courts and authorities,

C.	whereas the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) has declared that it will continue to offer the family assistance,

D.

whereas the eviction took place despite international objections; whereas the US has raised the issue with the Israeli authorities; whereas this decision may pave the way for the takeover of 26 more houses in the Sheikh Jarrah neighbourhood of East Jerusalem, with 26 other families targeted for eviction; whereas this matter has political ramifications for the future status of East Jerusalem,

E.	drawing attention to the relevant UN Security Council resolutions and the fact that the international community has not recognised Israeli sovereignty over East Jerusalem,

F.	whereas a European Parliament delegation visited the Sheikh Jarrah neighbourhood on 3 November 2008 and had the opportunity to meet the al-Kurd family,

1.   Expresses its deep concern at the eviction of the al-Kurd family, the recent destruction of the houses of Palestinian families by the Israeli authorities in several areas of East Jerusalem and the possible serious consequences of these measures;

2.   Points out that these operations, which seriously affect the lives of the residents of these areas, contravene international law, and calls on the Israeli authorities to put an end to them as soon as possible;

3.   Points out, whilst acknowledging the independence of the Israeli judiciary within the internationally recognised borders of the State of Israel, that under international law East Jerusalem is not subject to the jurisdiction of Israeli courts;

4.   Calls on the Council, the Commission and the international community, including the Quartet, to make all possible efforts to protect Palestinian residents in the Sheikh Jarrah neighbourhood and other areas of East Jerusalem and calls on the Quartet to play a more active role in this direction;

5.   Reiterates its call to the Israeli authorities immediately to halt any expansion of settlements and the building of the security fence beyond Israel's 1967 borders, actions which are contrary to international law and are undermining peace efforts;

6.   Affirms that such actions can only damage the chances of reaching a peace agreement between Palestinians and Israelis; urges Israel to refrain from all unilateral measures that may pre-empt the result of the final status negotiations, particularly in Jerusalem;

7.   Instructs its President to forward this resolution to the Council, the Commission, the High Representative for the Common Foreign and Security Policy, the governments and parliaments of the Member States, the Quartet Special Envoy for the Middle East, the Israeli Government, the Knesset, the President of the Palestinian Authority and the Palestinian Legislative Council.

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22.1.2010

EN

Official Journal of the European Union

CE 16/76

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Request for waiver of the immunity of Frank Vanhecke

P6_TA(2008)0537

European Parliament decision of 18 November 2008 on the request for waiver of the immunity of Frank Vanhecke (2008/2092(IMM))

(2010/C 16 E/19)

The European Parliament,

—	having regard to the request for waiver of the immunity of Frank Vanhecke, submitted, at the request the Dendermonde Public Prosecutor, by the Minister of Justice of the Kingdom of Belgium, and announced in plenary sitting on 10 April 2008,

—	having heard Frank Vanhecke in accordance with Rule 7(3) of its Rules of Procedure,

—	having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and to 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 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities,

—	having regard to Articles 58 and 59 of the Belgian Constitution,

—	having regard to Rules 6(2) and 7 of its Rules of Procedure,

—	having regard to the report of the Committee on Legal Affairs (A6-0421/2008),

1.   Decides to waive the immunity of Frank Vanhecke;

2.   Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authority of the Kingdom of Belgium.

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(1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and Others [1986] ECR 2391.

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22.1.2010

EN

Official Journal of the European Union

CE 16/77

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Request for waiver of the immunity of Massimo D'Alema

P6_TA(2008)0538

European Parliament decision of 18 November 2008 on the request for waiver of the immunity of Massimo D'Alema (2008/2298(IMM))

(2010/C 16 E/20)

The European Parliament,

—	having regard to the request for waiver of the immunity of Massimo D'Alema, forwarded by the Public Prosecution Service at the Court of Milan on 30 May 2008, and announced in plenary sitting on 16 June 2008,

—	having regard to Article 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities 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 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities,

—	having regard to Rules 6 and 7 of its Rules of Procedure,

—	having regard to the report of the Committee on Legal Affairs (A6-0422/2008),

1.   Decides not to authorise the use of the telephone intercepts in question and not to waive the immunity of Massimo D'Alema;

2.   Instructs its President to forward this decision, and the report of the committee responsible, immediately to the competent Italian authorities.

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(1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.

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22.1.2010

EN

Official Journal of the European Union

CE 16/78

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Protocol to the EC-Kazakhstan Partnership and Cooperation Agreement *

P6_TA(2008)0528

European Parliament legislative resolution of 18 November 2008 on the proposal for a Council and Commission decision on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (COM(2007)0105 — C6-0328/2008 — 2007/0039(CNS))

(2010/C 16 E/21)

(Consultation procedure)

The European Parliament,

—	having regard to the proposal for a Council and Commission decision (COM(2007)0105),

—	having regard to the Partnership and Cooperation Agreement with the Republic of Kazakhstan,

—	having regard to Article 44(2), Article 47(2), last sentence, Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, and Article 300(2), second sentence, of the EC Treaty,

—	having regard to Article 101 of the EC Treaty,

—	having regard to Article 6(2) of the Act of Accession of Bulgaria and Romania,

—	having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0328/2008),

—	having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,

—	having regard to the report of the Committee on Foreign Affairs (A6-0416/2008),

1.   Approves conclusion of the Protocol;

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

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22.1.2010

EN

Official Journal of the European Union

CE 16/79

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Joint undertaking to develop the new generation European air traffic management system (SESAR) *

P6_TA(2008)0529

European Parliament legislative resolution of 18 November 2008 on the proposal for a Council regulation amending Council Regulation (EC) No 219/2007 on the establishment of a joint undertaking to develop the new generation European air traffic management system (SESAR) (COM(2008)0483 — C6-0305/2008 — 2008/0159(CNS))

(2010/C 16 E/22)

(Consultation procedure)

The European Parliament,

—	having regard to the Commission proposal to the Council (COM(2008)0483),

—	having regard to Articles 171 and 172 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0305/2008),

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

—	having regard to the report of the Committee on Industry, Research and Energy (A6-0439/2008),

1.   Approves the Commission proposal;

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

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

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

---

22.1.2010

EN

Official Journal of the European Union

CE 16/79

---

Statutory markings for two- or three-wheel motor vehicles (codified version) ***I

P6_TA(2008)0530

European Parliament legislative resolution of 18 November 2008 on the proposal for a directive of the European Parliament and of the Council on statutory markings for two- or three-wheel motor vehicles (codified version) (COM(2008)0318 — C6-0205/2008 — 2008/0099(COD))

(2010/C 16 E/23)

(Codecision procedure — codification)

The European Parliament,

—	having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0318),

—	having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0205/2008),

—	having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),

—	having regard to Rules 80 and 51 of its Rules of Procedure,

—	having regard to the report of the Committee on Legal Affairs (A6-0382/2008),

A.	whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

1.   Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

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

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

22.1.2010

EN

Official Journal of the European Union

CE 16/80

---

Company law concerning single-member private limited-liability companies (codified version) ***I

P6_TA(2008)0531

European Parliament legislative resolution of 18 November 2008 on the proposal for a directive of the European Parliament and of the Council in the area of company law on single-member private limited-liability companies (codified version) (COM(2008)0344 — C6-0217/2008 — 2008/0109(COD))

(2010/C 16 E/24)

(Codecision procedure — codification)

The European Parliament,

—	having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0344),

—	having regard to Articles 251(2) and 44 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0217/2008),

—	having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),

—	having regard to Rules 80 and 51 of its Rules of Procedure,

—	having regard to the report of the Committee on Legal Affairs (A6-0383/2008),

A.	whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

1.   Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

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

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

22.1.2010

EN

Official Journal of the European Union

CE 16/81

---

The driver's seat on wheeled agricultural or forestry tractors (codified version) ***I

P6_TA(2008)0532

European Parliament legislative resolution of 18 November 2008 on the proposal for a directive of the European Parliament and of the Council on the driver's seat on wheeled agricultural or forestry tractors (codified version) (COM(2008)0351 — C6-0243/2008 — 2008/0115(COD))

(2010/C 16 E/25)

(Codecision procedure — codification)

The European Parliament,

—	having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0351),

—	having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0243/2008),

—	having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),

—	having regard to Rules 80 and 51 of its Rules of Procedure,

—	having regard to the report of the Committee on Legal Affairs (A6-0384/2008),

A.	whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

1.   Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

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

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

22.1.2010

EN

Official Journal of the European Union

CE 16/82

---

Guarantee Fund for external actions (codified version) *

P6_TA(2008)0533

European Parliament legislative resolution of 18 November 2008 on the proposal for a Council regulation establishing a Guarantee Fund for external actions (codified version) (COM(2008)0365 — C6-0273/2008 — 2008/0117(CNS))

(2010/C 16 E/26)

(Consultation procedure — codification)

The European Parliament,

—	having regard to the Commission proposal to the Council (COM(2008)0365),

—	having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0273/2008),

—	having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),

—	having regard to Rules 80 and 51 of its Rules of Procedure,

—	having regard to the report of the Committee on Legal Affairs (A6-0387/2008),

A.	Whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

1.   Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

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

---

(1)  OJ C 102, 4.4.1996, p. 2.

---

22.1.2010

EN

Official Journal of the European Union

CE 16/82

---

Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ***

P6_TA(2008)0534

European Parliament legislative resolution of 18 November 2008 on the draft Council decision concerning the conclusion of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (9196/2008 — C6-0215/2008 — 2008/0048(AVC))

(2010/C 16 E/27)

(Assent procedure)

The European Parliament,

—	having regard to the draft Council decision (9196/2008),

—	having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 61(c) of the EC Treaty (C6-0215/2008),

—	having regard to Rules 75 and 83(7) of its Rules of Procedure,

—	having regard to the recommendation of the Committee on Legal Affairs (A6-0428/2008),

1.   Gives its assent to conclusion of the Convention;

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

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22.1.2010

EN

Official Journal of the European Union

CE 16/83

---

European system of national and regional accounts in the Community ***I

P6_TA(2008)0535

European Parliament legislative resolution of 18 November 2008 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2223/96 on the European system of national and regional accounts in the Community as regards the implementing powers conferred on the Commission — Adaptation to the regulatory procedure with scrutiny (COM(2007)0776 — C6-0452/2007 — 2007/0272(COD))

(2010/C 16 E/28)

(Codecision procedure: first reading)

The European Parliament,

—	having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0776),

—	having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0452/2007),

—	having regard to Rule 51 of its Rules of Procedure,

—	having regard to the report of the Committee on Economic and Monetary Affairs (A6-0376/2008),

1.   Approves the Commission proposal;

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.

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22.1.2010

EN

Official Journal of the European Union

CE 16/84

---

Mobilisation of the European Globalisation Adjustment Fund

P6_TA(2008)0536

European Parliament resolution of 18 November 2008 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2008)0609 — C6-0345/2008 — 2008/2286(ACI))

(2010/C 16 E/29)

The European Parliament,

—	having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0609 — C6-0345/2008),

—	having regard to the Interinstitutional Agreement (IIA) of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,

—	having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (2),

—	having regard to the report of the Committee on Budgets and the opinion of the Committee on Employment and Social Affairs (A6-0430/2008),

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

B.

whereas the Union's financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008,

C.	whereas Italy has requested assistance in respect of four cases concerning redundancies in the textile sector in Sardinia, Piedmont, Lombardy and Tuscany (3),

1.   Requests the institutions involved to make the necessary efforts to accelerate the mobilisation of the Fund in accordance with the abovementioned joint declaration by the adoption of which the European Parliament, the Council and the Commission confirm the importance of ensuring a rapid procedure with due respect of the IIA of 17 May 2006 for the adoption of decisions on the mobilisation of the European Globalisation Adjustment Fund;

2.   Approves the decision annexed to this resolution;

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

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

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(1)  OJ C 139, 14.6.2006, p. 1.

(2)  OJ L 406, 30.12.2006, p. 1.

(3)  EGF/2007/005 IT/Sardegna, EGF/2007/006 IT/Piemonte, EGF/2007/007 IT/Lombardia and EGF/2008/001 IT/Toscana.

---

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22.1.2010

EN

Official Journal of the European Union

CE 16/86

---

General arrangements for excise duty *

P6_TA(2008)0541

European Parliament legislative resolution of 18 November 2008 on the proposal for a Council directive concerning the general arrangements for excise duty (COM(2008)0078 — C6-0099/2008 — 2008/0051(CNS))

(2010/C 16 E/30)

(Consultation procedure)

The European Parliament,

—	having regard to the Commission proposal to the Council (COM(2008)0078),

—	having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0099/2008),

—	having regard to Rule 51 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 Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection (A6-0417/2008),

1.   Approves the Commission proposal as amended;

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

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

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

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

TEXT PROPOSED BY THE COMMISSION	AMENDMENTS
Amendment 1 Proposal for a directive Recital 2a (new)
	(2a) To enhance the functioning of the internal market, further efforts should be made to achieve a gradual harmonisation of excise duty within the European Union, while taking into account matters such as public health, the protection of the environment and budgetary considerations.
Amendment 2 Proposal for a directive Recital 4
(4) Excise goods may be subject to other indirect taxes for specific purposes. In that case, however, and in order not to jeopardise the useful effect of Community rules relating to indirect taxes, Member States should comply with certain essential elements of those rules.	(4) Excise goods may be subject to other indirect taxes for specific purposes. In that case, however, and in order not to jeopardise the useful effect of Community rules relating to indirect taxes, Member States should comply with certain essential elements of those rules, namely those relating to the tax base and calculation, and tax chargeability and monitoring .
Amendment 3 Proposal for a directive Recital 4a (new)
	(4a) When implementing this Directive, Member States should take into account the need to ensure a high level of human health protection.
Amendment 4 Proposal for a directive Recital 9
(9) Since excise duty is a tax on the consumption of certain goods, duty should not be charged in respect of excise goods which have been destroyed or irretrievably lost, irrespective of the circumstances of the destruction or loss.	(9) Since excise duty is a tax on the consumption of certain goods, duty should not be charged in respect of excise goods which have been indisputably destroyed or irretrievably lost, irrespective of the circumstances of the destruction or loss.
Amendment 57 Proposal for a directive Recital 14
(14) The situations in which tax-free sales to travellers leaving the territory of the Community are allowed should be clearly determined .	(14) Tax-free sales to travellers leaving the territory of the Community by land should continue to be allowed insofar as the tax-free shops located on its borders can guarantee to Member States that they fulfil all the necessary conditions to prevent any possible evasion, avoidance or abuse .
Amendment 58 Proposal for a dirctive Recital 14a (new)
	(14a) Travellers taking a flight or sea-crossing to a third territory or to a third country, holding a transport document stating that the final destination is an airport or port situated in a third territory or in a third country, should be able to benefit from the exemption from payment of excise duty on excise goods supplied by tax-free shops.
Amendment 59 Proposal for a directive Recital 19a (new)
	(19a) The rules applicable to the movement of excise goods under suspension of duty should, under certain conditions, allow for an overall guarantee to be provided for lower excise duties, or for no guarantee to be provided.
Amendment 5 Proposal for a directive Recital 21a (new)
	(21a) In order to ensure the efficient operation of the computerised system, Member States should adopt, within their national applications, a uniform data set and structure in order to provide a reliable interface for economic operators.
Amendment 6 Proposal for a directive Recital 24
(24) It is necessary to determine the procedures to be used in a case in which the computerised system is not available.	(24) It is necessary to determine the procedures to be used in a case in which the computerised system is not available through no fault of the operators involved in the movement of excise goods or for reasons outside their control .
Amendment 7 Proposal for a directive Recital 28a (new)
	(28a) In the case of products that are subject to excise duty because they are acquired by private individuals for their own use and transported by them, the quantity of the excise goods should be specified.
Amendment 8 Proposal for a directive Recital 36
(36) In order to allow a period of adjustment to the electronic control system for the movement of goods under suspension of excise duty, Member States should be able to benefit from a transitional period during which such movement may continue to be carried out subject to the formalities laid down by Directive 92/12/EEC.	(36) In order to allow a period of adjustment to the electronic control system for the movement of goods under suspension of excise duty, Member States should be able to benefit from a transitional period during which such movement may continue to be carried out subject to the formalities laid down by Directive 92/12/EEC. The length of the transitional period should be set with due regard to the feasibility of in fact introducing the computerised system in the individual Member States .
Amendment 9 Proposal for a directive Article 4 — point 4a (new)
	(4a) ‘importation of excise goods’ means the entry of excise goods onto the territory of the Community — unless those excise goods have, upon their entry into the Community, been placed under a customs suspensive procedure or arrangement — or the release of excise goods from any such customs suspension procedure or arrangement;
Amendment 10 Proposal for a directive Article 4 — point 4b (new)
	(4b) ‘registered consignee’ means a natural or legal person authorised by the competent authorities of the Member State of destination, under conditions fixed by those authorities, to receive excise goods moving under a duty suspension arrangement and that have been dispatched from another Member State;
Amendment 11 Proposal for a directive Article 4 — point 4c (new)
	(4c) ‘registered consignor’ means a natural or legal person authorised by the competent authorities of the Member State of importation, under conditions fixed by those authorities, to dispatch excise goods that are subject to a duty suspension arrangement on their release for free circulation, in accordance with Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (1);
Amendment 12 Proposal for a directive Article 4 — point 4d (new)
	(4d) ‘authorised warehouse keeper’ means a natural or legal person permitted by the competent authorities of a Member State to produce, process, hold, receive or dispatch excise goods in the course of its business where the requirement to pay excise duty is suspended under a duty suspension arrangement;
Amendment 13 Proposal for a directive Article 4 — point 4e (new)
	(4e) ‘tax warehouse’ means a place where excise goods that are subject to a duty suspension arrangement are produced, processed, held, received or dispatched by an authorised warehouse keeper in the course of his or her business, subject to certain conditions laid down by the competent authorities of the Member State in which the tax warehouse is located;
Amendment 14 Proposal for a directive Article 4 — point 4f (new)
	(4f) ‘place of importation’ means the place where goods are located when they are released for free circulation, in accordance with Regulation (EC) No 450/2008.
Amendment 15 Proposal for a directive Article 7 — paragraph 2 — subparagraph 1 — point c
(c) the importation of excise goods.	(c) the importation of excise goods, including irregular importation, unless the excise goods are placed, immediately upon importation, under a duty suspension arrangement .
Amendment 16 Proposal for a directive Article 7 — paragraph 4
4. The total destruction or irretrievable loss of excise goods, including losses inherent in the nature of those goods, shall not be considered released for consumption .	4. The total destruction or irretrievable loss of the excise goods in question shall be proven to the satisfaction of the competent authorities of the Member State where that total destruction or irretrievable loss occurred .
The loss or destruction of the excise goods in question shall be proven to the satisfaction of the competent authorities.	Where, in the case of a movement under a duty suspension arrangement, it is not possible to determine where the total destruction or the irretrievable loss occurred, it shall be deemed to have occurred in the Member State where it has been detected.
For the purposes of the first subparagraph, goods shall be irretrievably lost when they are rendered unusable by any person.	Member States may subject the deliberate destruction of goods under a duty suspension arrangement to prior approval by the competent authorities.
Amendment 17 Proposal for a directive Article 9 — paragraph 1
1. Where an irregularity has occurred, during a movement under suspension of excise duty, giving rise to the release for consumption of excise goods and it is not possible to determine where the release for consumption took place, it shall be deemed to have taken place in the Member State of dispatch.	1. Where an irregularity has occurred, during a movement under suspension of excise duty, giving rise to a release for consumption of excise goods in accordance with Article 7(2)(a) , and it is not possible to determine where the release for consumption took place, it shall be deemed to have taken place in the Member State of dispatch and at the time when the irregularity has been detected .
	Where the excise goods under a duty suspension arrangement fail to arrive at their destination and the related irregularity, giving rise to a release for consumption in accordance with Article 7(2)(a), has not been detected, the release for consumption shall be deemed to have taken place in the Member State where and at the time when the excise goods are detected.
However, if, before the expiry of a period of three years from the date on which the movement has begun in accordance with Article 19(1), it is ascertained in which Member State the release for consumption actually took place, that Member State shall inform the competent authorities of the Member State of dispatch.	However, if, before the expiry of a period of three years from the date on which the movement has begun in accordance with Article 19(1), it is ascertained in which Member State the release for consumption actually took place, the release for consumption shall be deemed to have taken place in that Member State, which shall inform the competent authorities of the Member State of detection or dispatch.
Where the excise duty has been levied by the Member State of dispatch, it shall be reimbursed or remitted as soon as evidence of its collection by the other Member State has been provided.	Where the excise duty has been levied by the Member State of detection or dispatch, it shall be reimbursed or remitted as soon as evidence of the release for consumption in the other Member State has been provided.
Amendment 18 Proposal for a directive Article 9 — paragraph 1a (new)
	1a. Where it is possible, through the use of appropriate evidence, to determine beyond reasonable doubt where an irregularity has taken place during a movement under a duty suspension arrangement giving rise to the release for consumption of excise goods, excise duty shall be liable in the Member State in which the irregularity took place.
Amendment 19 Proposal for a directive Article 9 — paragraph 2a (new)
	2a. Where an irregularity can be proven to have taken place in one Member State, resulting in the release for consumption of excise goods in relation to which the excise tax stamps of the Member State of destination are attached, excise duty shall be liable in the Member State in which the irregularity took place only when the excise duty is reimbursed to the economic operator by the Member State of destination.
Amendment 20 Proposal for a directive Article 9 — paragraph 2b (new)
	2b. In cases of irregularity where the Member State of destination does not levy excise duty through the use of excise stamps, the excise duty shall be immediately liable in the Member State in which the irregularity took place.
Amendment 21 Proposal for a directive Article 9 — paragraph 3
3. For the purposes of paragraph 1, an irregularity shall mean a situation in which the movement has not ended in accordance with Article 19(2).	3. For the purposes of paragraph 1, an irregularity shall mean a situation, other than that referred to in Article 7(4) , in which a movement, or a part of a movement , has not ended in accordance with Article 19(2).
Amendment 22 Proposal for a directive Article 11 — paragraph 1 — point ea (new)
	(ea) delivery to an approved research and development acility, laboratory, government department or other approved party for the purpose of quality testing, pre-market introductory examination and verification for possible counterfeiting, provided that the goods involved are not deemed to be in commercial quantities, where:
	(i) Member States may determine what quantities are to constitute commercial quantities; and
	(ii) Member States may establish simplified procedures to facilitate the movement of goods under this point.
Amendment 23 Proposal for a directive Article 11 — paragraph 2
2. Exemptions shall be subject to conditions and limitations laid down by the host Member State. Member States may grant the exemption by means of a refund of excise duty.	2. Exemptions shall be subject to conditions and limitations laid down by the host Member State. Member States may grant the exemption by means of a refund of excise duty. The refund conditions established by the Member State shall not result in unduly burdensome exemption procedures .
Amendment 54 Proposal for a directive Article 11 — paragraph 2a (new)
	2a. Excise duty, including that on petroleum oils, may be reimbursed or remitted in accordance with the procedure laid down by each Member State. A Member State shall apply the same procedure to national goods as to those from other Member States.
Amendment 63/rev Proposal for a directive Article 13 — paragraph 1
1. Member States may exempt from payment of excise duty excise goods supplied by tax-free shops which are carried away in the personal luggage of travellers taking a flight or sea-crossing to a third territory or to a third country.	1. Member States may exempt from payment of excise duty excise goods supplied by tax-free shops which are carried away in the personal luggage of travellers taking a flight, sea-crossing or land-crossing to a third territory or to a third country.
Amendment 65/rev Proposal for a directive Article 13 — paragraph 4
4. For the purposes of this Article the following definitions shall apply:	4. For the purposes of this Article the following definitions shall apply:
(a) ‘third territory’ means the territories referred to in Article 5(2) and (3);	(a) ‘third territory’ means the territories referred to in Article 5(2) and (3);
(b) ‘tax-free shop’ means any establishment situated within an airport or port which fulfils the conditions laid down by the competent public authorities, pursuant in particular to paragraph 3;	(b) ‘tax-free shop’ means any establishment situated within an airport or port or on the border with a third country or with a third territory which fulfils the conditions laid down by the competent public authorities, pursuant in particular to paragraph 3;
(c) ‘traveller to a third territory or to a third country’ means any passenger holding a transport document, for air or sea travel, stating that the immediate destination is an airport or port situated in a third territory or a third country.	(c) ‘traveller to a third territory or to a third country’ means any passenger holding a transport document, for air or sea travel, stating that the final destination is an airport or port situated in a third territory or in a third country, and any passenger leaving the Community by land .
Amendment 25 Proposal for a directive Article 14 — paragraph 2
2. Production, processing and holding of excise goods shall be considered to take place under suspension of excise duty only if those activities occur in premises authorised pursuant to paragraph 3 .	2. Production, processing and holding of excise goods, where the excise duty has not been paid, shall take place in a tax warehouse .
Amendment 26 Proposal for a directive Article 14 — paragraph 3
3. The competent authorities of the Member States shall authorise as ‘tax warehouses’ premises that are to be used for the production, processing and holding of excise goods, as well as for their receipt or dispatch, under duty suspension arrangements.	deleted
Amendment 27 Proposal for a directive Article 15 — paragraph 1 — subparagraphs 2 and 3
The authorisation may not be refused on the sole ground that the natural or legal person is established in another Member State and intends itself to operate the tax warehouse through a representative or branch in the Member State of authorisation .	The authorisation shall be subject to conditions that the authorities may lay down for the purposes of preventing any possible evasion or abuse. The authorisation may not, however , be refused on the sole ground that the natural or legal person is established in another Member State.
The authorisation shall cover the activities referred to in Article 14(3).
Amendment 28 Proposal for a directive Article 16 — paragraph 1 — introductory part
1. Excise goods may be moved under suspension of excise duty within the territory of the Community:	1. Excise goods may be moved under suspension of excise duty between two points within the territory of the Community, including through a third country or through a region in a third country :
Amendment 29 Proposal for a directive Article 16 — paragraph 1 — point a — point ii
(ii) a natural or legal person authorised by the competent authorities of the Member State of destination, under the conditions fixed by those authorities, to receive excise goods moving under suspension of excise duty dispatched from another Member State, hereinafter the ‘registered consignee’;	(ii) the premises of a registered consignee;
Amendment 30 Proposal for a directive Article 16 — paragraph 1 — point b
(b) from the place of importation to any of the destinations referred to in point (a), where those goods are dispatched by a natural or legal person authorised for that purpose by the competent authorities of the Member State of importation, under the conditions fixed by those authorities, hereinafter the ‘registered consignor’.	(b) from the place of importation to any of the destinations or consignees referred to in point (a), where those goods are dispatched by a registered consignor.
Amendment 31 Proposal for a directive Article 17 — paragraph 1 — introductory part
1. The competent authorities of the Member State of dispatch, under the conditions fixed by them, shall require that the risks inherent in the movement under suspension of excise duty are covered by a guarantee, which may be provided by one or more of the following persons:	1. The competent authorities of the Member State of dispatch, under the conditions fixed by them, shall require that the risks inherent in the movement under suspension of excise duty are covered by a guarantee, which may be provided by one or more of the following persons or on their behalf :
Amendment 32 Proposal for a directive Article 17 — paragraph 2 — subparagraph 1
2. The guarantee shall be valid throughout the Community.	2. The guarantee shall be valid throughout the Community and may be drawn up :
	(a) by an institution authorised to carry on the business of a credit institution under Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (2); or
	(b) by an undertaking authorised to carry on insurance business under Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance (3).
Amendment 33 Proposal for a directive Article 17a (new)
	Article 17a 1.     At the request of the person referred to in Article 17(1), the competent authorities of the Member State of dispatch may, under conditions they have set, allow for an overall guarantee to be provided for lower excise duties, or for no guarantee to be provided, provided that fiscal responsibility for the transport is at the same time assumed by the party responsible for the transport. 2.     The authorisation referred to in paragraph 1 shall be granted only to persons who: (a) are established in the customs territory of the Community; (b) have a satisfactory record as regards the provision of guarantees concerning the movement of excise goods under a duty suspension arrangement; and (c) regularly provide guarantees concerning the movement of excise goods under a duty suspension arrangement or are deemed by the customs authorities to have the ability to meet the obligations upon them in relation to those procedures. 3.     The measures governing the procedure for granting the authorisations in application of paragraphs 1 and 2 shall be adopted in accordance with the regulatory procedure referred to in Article 40(2).
Amendment 34 Proposal for a directive Article 18 — paragraph 2 — subparagraph 2 — introductory part
A registered consignee authorised for the purposes of the first subparagraph shall comply with the following requirements:	A temporary registered consignee authorised for the purposes of the first subparagraph shall comply with the following requirements:
Amendment 35 Proposal for a directive Article 19 — paragraph 1
1. The movement of excise goods under suspension of excise duty shall be deemed to begin when the goods leave the tax warehouse of dispatch or the place of importation.	1. The movement of excise goods under suspension of excise duty shall be deemed to begin when the goods leave the tax warehouse of dispatch or the place of importation. The point at which the goods leave the tax warehouse or the place of importation shall be determined by the dispatch of a supplementary information message without delay to the competent authority by the authorised warehouse keeper or the registered consignor .
Amendment 36 Proposal for a directive Article 19 — paragraph 2
2. The movement of excise goods under suspension of excise duty shall be deemed to end when the consignee has taken delivery of the goods or , in the case referred to in point (iii) of Article 16(1)(a), when the goods have left the territory of the Community.	2. The movement of excise goods under suspension of excise duty shall end:
	— when the consignee has taken delivery of the goods. The time when the consignee takes delivery of the goods shall be determined by the dispatch of a supplementary information message sent by the consignee immediately upon arrival of the goods to the competent authority ;
	— when , in the case referred to in point (iii) of Article 16(1)(a), the goods have left the territory of the Community or have been placed under a customs suspensive procedure or arrangement .
Amendment 37 Proposal for a directive Article 19a (new)
	Article 19a
	The rules applicable to the movement of excise goods under a duty suspension arrangement shall, under conditions set by the competent authorities of the Member State of dispatch, allow for an overall guarantee to be provided for lower excise duty, or for no guarantee to be provided, provided that fiscal responsibility for the transport is at the same time assumed by the party responsible for the transport.
Amendment 38 Proposal for a directive Article 20 — paragraph 1
1. A movement of excise goods shall be considered to take place under suspension of excise duty only if it takes place under cover of an electronic administrative document processed in accordance with paragraphs 2 and 3.	1. A movement of excise goods shall be considered to take place under suspension of excise duty only if it takes place under cover of an electronic administrative document processed in accordance with paragraphs 2 and 3. The Member States and the Commission shall take the necessary measures to implement key public facilities at national level and to ensure their interoperability .
Amendment 39 Proposal for a directive Article 20 — paragraph 6
6. The consignor shall communicate the administrative reference code to the person accompanying the goods.	6. The goods dispatched shall be accompanied by printed information identifying the goods in movement.
The code shall be available throughout the movement under suspension of excise duty .
Amendment 40 Proposal for a directive Article 22
The competent authority of the Member State of dispatch may allow, under the conditions fixed by that Member State, that the consignor, using the computerised system, splits a movement under suspension of excise duty of energy products into two or more movements provided that the total quantity of excise goods does not change.	The competent authority of the Member State of dispatch may allow, under the conditions fixed by that Member State, that the consignor, using the computerised system, splits a movement under suspension of excise duty of energy products into two or more movements provided that:
	(a) the total quantity of excise goods does not change; and
	(b) the splitting is carried out on the territory of a Member State which permits such a procedure.
Member States may also provide that such a splitting may not be carried out on their territory.	Member States shall inform the Commission if and under which conditions they allow splitting consignments on their territory. The Commission shall transmit that information to the other Member States .
Amendment 41 Proposal for a directive Article 23 — paragraph 1 — subparagraph 1
1. On receipt of excise goods at any of the destinations referred to in points (i), (ii) or (iv) of Article 16(1)(a) or in Article 16(2), the consignee shall without delay submit a report of their receipt, hereinafter the ‘report of receipt’, to the competent authorities of the Member State of destination using the computerised system.	1. On receipt of excise goods at any of the destinations referred to in points (i), (ii) or (iv) of Article 16(1)(a) or in Article 16(2), the consignee shall, no later than the working day following receipt , submit a report of their receipt, hereinafter the ‘report of receipt’, to the competent authorities of the Member State of destination using the computerised system.
Amendment 42 Proposal for a directive Article 24 — paragraph 3
3. The competent authorities of the Member State of dispatch shall forward the report of export to the consignor.	3. The competent authorities of the Member State of dispatch shall forward the report of export to the consignor no later than the working day following receipt of the certificate stating that the excise goods have left the territory of the Community .
Amendment 43 Proposal for a directive Article 26 — paragraph 1 — subparagraphs 2 and 3
When the availability of the system is restored, the consignor shall submit a draft electronic administrative document without delay. That document shall replace the paper document referred to in point (a) of the first subparagraph as soon as it has been processed in accordance with Article 20(3), and the procedure relating to the electronic administrative document shall apply.	The goods shall continue to be moved in accordance with the fallback procedure, including the discharge procedure, even if the electronic system becomes available again during the movement.
Until such time as the electronic administrative document has been processed in accordance with Article 20(3), the movement shall be considered to take place under suspension of excise duty under cover of the paper document.
Amendment 44 Proposal for a directive Article 26 — paragraph 2 — subparagraph 1
2. Where the computerised system is not available, an authorised warehousekeeper or a registered consignor may communicate the information referred to in Article 20(8) or Article 22 using alternative means of communication. To that end he shall inform the competent authorities of the Member State of dispatch at the time that the change of destination or splitting of the movement is initiated.	2. Where the computerised system is not available, an authorised warehousekeeper or a registered consignor may communicate the information referred to in Article 20(8) or Article 22 using alternative means of communication defined by the Member States . To that end he shall inform the competent authorities of the Member State of dispatch at the time that the change of destination or splitting of the movement is initiated.
Amendment 45 Proposal for a directive Article 28
Member States may establish simplified procedures in respect of movements under suspension of excise duty which take place entirely on their territory.	Member States may establish simplified procedures in respect of movements under suspension of excise duty which take place entirely on their territory, including the possibility of waiving the requirement of electronic supervision of such movements .
Amendment 46 Proposal for a directive Article 29 — point 3a (new)
	(3a) movements of goods pursuant to Article 11(ea).
Amendment 47 Proposal for a directive Article 30 — paragraph 1 — subparagraph 2
As regards excise goods other than manufactured tobacco acquired by private individuals, the first subparagraph shall also apply in cases where the goods are transported on their behalf.	deleted
Amendment 48 Proposal for a directive Article 30 — paragraph 2a (new)
	2a. For the purposes of applying paragraph 2(e), Member States may lay down guide levels, solely as a form of evidence. Those guide levels shall be no less than:
	(a) For tobacco products:
	— 400 cigarettes;
	— 200 cigarillos (cigars of a maximum weight of 3 grammes each);
	— 100 cigars,
	— 0,5 kilogramme of smoking tobacco;
	(b) For alcoholic beverages:
	— 5 litres of spirit drinks;
	— 10 litres of intermediate products;
	— 45 litres of wine (including a maximum of 30 litres of sparkling wine);
	— 55 litres of beer.
Amendment 49 Proposal for a directive Article 30 — paragraph 2b (new)
	2b. Member States may also provide for excise duty to become chargeable in the Member State of consumption in respect of the acquisition of mineral oils already released for consumption in another Member State if those goods have been moved atypically by or for private individuals. Atypical movement may include the movement of fuel in containers other than the vehicle tank or a suitable spare fuel container or the movement of liquid heating fuels by means other than tankers being used for a commercial entrepreneur.
Amendment 50 Proposal for a directive Article 34 — paragraph 4 — point a
(a) register his identity with the tax authorities of the Member State of dispatch of the excise goods;	(a) register his identity with the tax authorities of the Member State of dispatch of the excise goods and obtain an identification document from those tax authorities ;
Amendments 51 and 52 Proposal for a directive Article 37
1. Without prejudice to Article 7(1), Member States may require that excise goods carry tax markings or national identification marks used for fiscal purposes at the time when they are released for consumption in their territory, or, in the cases provided for in Article 31(1), first subparagraph, and Article 34(1), when they enter their territory.	1. Without prejudice to Article 7(1), Member States may require that excise goods carry tax markings, national identification marks or any other form of serial or authentication mark used for fiscal purposes at the time when they are released for consumption in their territory, or, in the cases provided for in Article 31(1), first subparagraph, and Article 34(1), when they enter their territory.
2. Any Member State which requires the use of tax marking or national identification marks as set out in paragraph 1 shall be required to make them available to authorised warehousekeepers of the other Member States.	2. Any Member State which requires the use of tax marking, national identification marks or any other form of serial or authentication mark as set out in paragraph 1 shall be required to make them available to authorised warehousekeepers of the other Member States.
3. Without prejudice to any provisions they may lay down in order to ensure that this Article is implemented properly and to prevent any fraud, evasion or abuse, Member States shall ensure that these markings or marks do not create obstacles to the free movement of excise goods.	3. Without prejudice to any provisions they may lay down in order to ensure that this Article is implemented properly and to prevent any fraud, evasion or abuse, Member States shall ensure that these markings or marks do not create obstacles to the free movement of excise goods.
When such markings or marks are affixed to excise goods, any amount paid or guaranteed to obtain such markings or marks shall be reimbursed, remitted or released by the Member State which issued them if excise duty has become chargeable and has been collected in another Member State.	When such markings or marks are affixed to excise goods, any amount paid or guaranteed to obtain such markings or marks shall be reimbursed, remitted or released by the Member State which issued them if excise duty has become chargeable and has been collected in another Member State.
	The Member State which issued the markings or marks may nevertheless subject the reimbursement, remittance or release of the amount paid or guaranteed to proof that those markings or marks have been removed or destroyed.
4. Tax markings or identification marks within the meaning of paragraph 1 shall be valid in the Member State which issued them. However, there may be mutual recognition of these markings between Member States.	4. Tax markings, national identification marks or any other form of serial or authentication mark within the meaning of paragraph 1 shall be valid in the Member State which issued them. However, there may be mutual recognition of these markings between Member States.
Amendment 53 Proposal for a directive Article 39
Until the Council has adopted Community provisions on stores for boats and aircraft, Member States may maintain their national provisions on the subject.	Until the Council has adopted Community provisions on stores for boats and aircraft, Member States may maintain their national provisions on the subject. Those national provisions must be communicated to the other Member States so that their economic operators are able to benefit thereunder .

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(1)   OJ L 145, 4.6.2008, p. 1.

(2)   OJ L 177, 30.6.2006, p. 1.

(3)   OJ L 228, 11.8.1992, p. 1.

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