Inhaltsverzeichnis - europarl.europa.eu · Web viewEuropean Parliament legislative resolution on...

2006 - 2007

TEXTS ADOPTEDat the sitting of

Thursday

26 October 2006

P6_TA-PROV(2006)10-26 PROVISIONAL EDITION PE 379.662

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CONTENTS

TEXTS ADOPTED

P6_TA-PROV(2006)0451Draft general budget for 2007 (Section III)(A6-0358/2006 - Rapporteur: James Elles)European Parliament resolution on the draft general budget of the European Union for the financial year 2007, Section III – Commission (C6-0299/2006 – 2006/2018(BUD)), and Letter of amendment No 1/2007 (SEC(2006)0762) to the draft general budget of the European Union for the financial year 2007.........................................................................1

P6_TA-PROV(2006)0452Draft general budget for 2007 (sections I, II, IV, V, VI, VII and VIII)(A6-0356/2006 - Rapporteur: Louis Grech)European Parliament resolution on the draft general budget of the European Union for the financial year 2007 - Section I - European Parliament, Section II - Council, Section IV - Court of Justice, Section V - Court of Auditors, Section VI - European Economic and Social Committee, Section VII - Committee of the Regions, Section VIII(A) - European Ombudsman, Section VIII(B) - European Data Protection Supervisor (C6-0300/2006 – 2006/2018B (BUD))..............................................................................................................8

P6_TA-PROV(2006)0453Fishing fleets registered in the outermost regions *(C6-0295/2006)European Parliament legislative resolution on the proposal for a Council regulation amending Council Regulation (EC) No 639/2004 on the management of fishing fleets registered in the Community outermost regions (COM(2006)0433 – C6-0295/2006 – 2006/0148(CNS))................................................................................................................22

P6_TA-PROV(2006)0454Commemoration of the 1956 Hungarian Uprising(B6-0548/2006)European Parliament resolution on the 50th anniversary of the 1956 Hungarian Revolution and its historical meaning for Europe..................................................................................23

P6_TA-PROV(2006)0455Moldova/Transnistria(B6-0539, 0540, 0541, 0546, 0551 and 0552/2006)European Parliament resolution on Moldova (Transnistria)...............................................25

P6_TA-PROV(2006)0456South Ossetia(B6-0537, 0538, 0542, 0547, 0550 and 0553/2006)

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European Parliament resolution on the situation in South Ossetia.....................................28

P6_TA-PROV(2006)0457Export of toxic waste to Africa(B6-0545, 0571, 0573, 0574, 0575 and 0576/2006)European Parliament resolution on the export of toxic waste to Africa..............................32

P6_TA-PROV(2006)0458Use of criminal law to protect the environment(B6-0544/2006)European Parliament resolution on the follow-up to Parliament's opinion on environmental protection: combating crime, criminal offences and penalties............................................35

P6_TA-PROV(2006)0459EU-Syria Euro-Mediterranean Association Agreement(A6-0334/2006 - Rapporteur: Véronique De Keyser)European Parliament resolution containing the European Parliament’s recommendation to the Council on the conclusion of a Euro-Mediterranean Association Agreement between the European Community and its Member States, of the one part, and the Syrian Arab Republic, of the other part (2006/2150(INI))......................................................................37

P6_TA-PROV(2006)0460Nairobi Conference on Climate Change(B6-0543/2006)European Parliament resolution on the European Union strategy for the Nairobi Conference on Climate Change (COP 12 and COP/MOP 2)..............................................42

P6_TA-PROV(2006)0461Inland waterway transport(A6-0299/2006 - Rapporteur: Corien Wortmann-Kool)European Parliament resolution on the promotion of inland waterway transport: NAIADES, an integrated European Action Programme for inland waterway transport (2006/2085(INI)).................................................................................................................47

P6_TA-PROV(2006)0462Public-private partnerships(A6-0363/2006 - Rapporteur: Barbara Weiler)European Parliament resolution on public-private partnerships and Community law on public procurement and concessions (2006/2043(INI))......................................................52

P6_TA-PROV(2006)0463Posting of workers(A6-0308/2006 - Rapporteur: Elisabeth Schroedter)European Parliament resolution on the application of Directive 96/71/EC on the posting of workers (2006/2038(INI))...................................................................................................59

P6_TA-PROV(2006)0464European Central Bank Annual Report 2005(A6-0349/2006 - Rapporteur: Pervenche Berès)European Parliament resolution on the 2005 Annual Report of the European Central Bank (2006/2206(INI)).................................................................................................................67

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P6_TA-PROV(2006)0465Tibet(B6-0555, 0557, 0558, 0562, 0565 and 0568/2006)European Parliament resolution on Tibet............................................................................75

P6_TA-PROV(2006)0466Case against Rios Montt(B6-0554, 0560, 0561, 0564 and 0569/2006)European Parliament resolution on the proceedings against Rios Montt............................77

P6_TA-PROV(2006)0467Uzbekistan(B6-0556, 0559, 0563 and 0567/2006)European Parliament resolution on Uzbekistan..................................................................79

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P6_TA-PROV(2006)0451

Draft general budget for 2007 (Section III)

European Parliament resolution on the draft general budget of the European Union for the financial year 2007, Section III – Commission (C6-0299/2006 – 2006/2018(BUD)), and Letter of amendment No 1/2007 (SEC(2006)0762) to the draft general budget of the European Union for the financial year 2007

The European Parliament,

– having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

– having regard to Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities' own resources1,

– having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities2,

– having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management3,

– having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure4,

– having regard to its resolution of 18 May 2006 on the Commission's Annual Policy Strategy report (APS)5,

– having regard to the preliminary draft general budget of the European Union for the financial year 2007, which the Commission presented on 3 May 2006 (SEC(2006)0531),

– having regard to the draft general budget of the European Union for the financial year 2007, which the Council established on 14 July 2006 (C6-0299/2006),

– having regard to Letter of amendment No 1/2007 (SEC(2006)0762) to the draft general budget of the European Union for the financial year 2007,

– having regard to the report of the Committee on Budgets of 11 July 2006 on the mandate for the 2007 draft budget conciliation procedure for the Council's first reading,

– having regard to Rule 69 and Annex IV of its Rules of Procedure,

1 OJ L 253, 7.10.2000, p.42.2 OJ L 248, 16.9.2002, p.1.3 OJ C 139, 14.6.2006, p.1.4 OJ C 172, 18.6.1999, p.1. Agreement as last amended by Decision 2005/708/EC of the

European Parliament and of the Council (OJ L 269, 14.10.2005, p.24).5 Texts adopted, P6_TA(2006)0221.

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– having regard to the report of the Committee on Budgets and the opinions of the other committees concerned (A6-0358/2006),

General considerations: setting priorities, value for money, preparing for the 2008/2009 review

1. Recalls that its political priorities for the 2007 budget were set out in its abovementioned APS resolution of 18 May 2006; notes that paragraph 5 of that resolution set out the three key elements of setting policy priorities, ensuring qualitative value for money, and preparing for the 2008/2009 review of the 2007-2013 multi-annual financial framework (MFF);

2. Notes that this strategy has been put into effect in preparing the Parliament's first reading on the 2007 budget with policy priorities set out in paragraph 6 of the APS resolution, and re-stated in paragraph 5 of the abovementioned report on the mandate for the 2007 draft budget conciliation procedure with the Council; notes that these priorities were central to Parliament's budget amendments on priority programmes;

3. Remarks that this is the first budget under the new Financial Framework, under a new Interinstitutional Agreement (IIA) and with many new multiannual programmes; remarks further that a new Financial Regulation should ideally apply for the implementation of the 2007 budget;

4. Highlights that, in line with the cost-benefit approach set out in paragraph 7 of the APS resolution, a qualitative value for money approach was started through policy hearings in the Committee on Budgets, and a thorough analysis of a number of sources of information on the quality of spending of EU funds and on budget implementation; notes that budget amendments were prepared inter alia on the basis of the information thus obtained; welcomes the fact that Council, Commission and Parliament all participate in a value-for-money trend;

5. Considers that the level of aggregate appropriations proposed by the Council in its draft budget falls well below the level needed for the EU to respond effectively to the challenges of globalisation it faces, which only serves to highlight the importance of the third strand of Parliament's strategy, preparing for the review of the MFF, which should deliver EU spending that is better focused on policy priorities; believes that by focusing commitments on priority programmes and by ensuring that funds are well spent, EU spending will better serve the interests of citizens;

6. Expects that all new elements and reforms set down in the new IIA of 17 May 2006 will be fully implemented in the course of the 2007 budget in order to have a rapid effect on the qualitative implementation of the budget and the inter-institutional relationship;

Horizontal issues

Focusing on priorities

7. In line with Parliament's priorities, considers that EU spending should be focused on priority areas and at a higher level than proposed in the draft budget of the Council in order to ensure effective delivery of priority programmes to citizens; therefore proposes to increase payments in the 2007 budget to a level of 1,04% of EU GNI by increasing

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appropriations on budget lines linked to the Parliament's political priorities; notes that most of the specialised parliamentary committees have proposed to restore the amounts of the Preliminary Draft Budget (PDB), in line with the ongoing legislative procedures, or those beginning in 2007;

Tackling the challenges of globalisation

8. Believes that the European Union must actively address and engage more effectively with the economic, political, social, environmental and development challenges presented inter alia by the ongoing process of globalisation; therefore presents amendments to the 2007 budget that aim at boosting the capacity of the EU economy to engage with these challenges in a more strategic manner, and raising the amounts of development assistance available to regions such as Asia and Latin America and the Mediterranean;

Delivering value for money

9. Emphasises the need for improved value for money in the EU budget; proposes amendments to place 30% of appropriations in reserve on a number of budget lines until the Commission can reassure the Parliament that this money will be spent in a manner that delivers value for money to the European taxpayer;

10. Recalls that these budget lines were selected on the basis of a thorough examination of the special reports of the Court of Auditors, the Synthesis Reports on the Commission's management of funds, the Budget Forecast Alert prepared by the Commission, and cost-benefit analyses carried out at the request of the Committee on Budgets and taking into account the activity statements prepared by the Commission services;

11. Specifically welcomes the call for a hearing in mid-November for the Commission to respond to the concerns raised in these amendments; urges members of Parliament's specialised committees to participate in this hearing;

12. Reduces by 10% the appropriations for administrative management directly linked to programmes on a horizontal basis; sees no contradiction for budget lines on which the Parliament both places amounts in reserve due to some concerns about the quality of implementation and increases appropriations according to political priorities; reaffirms, in this connection, that it wishes to see qualitative value for money in all areas of EU spending;

13. Recalls the importance attached by Parliament to achieving a positive statement of assurance for funds under shared management; underlines its intention to ensure that, in line with the IIA of 17 May 2006, the relevant audit authorities in Member States produce an assessment concerning the compliance of management and control systems with the regulations of the Community; reiterates that Member States therefore undertake to produce an annual summary at the appropriate national level of the available audits and declarations;

Pilot projects and preparatory actions

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14. As regards pilot projects and preparatory actions, notes the increased ceilings for new projects set out in the IIA of 17 May 2006; proposes a number of new projects broadly in line with the priorities set out in paragraph 6 of the APS resolution;

Agencies

15. For existing agencies proposes, as a general approach with a small number of specific exceptions, to restore appropriations in the PDB but placing increases above a reference amount in reserve, pending a positive evaluation of the performance of the agency against its final work programme containing a complete task list for 2007 and the new staff policy plans by the Commission; as regards the new agencies (Chemicals Agency, Gender Institute, Fundamental Rights Agency), with a view to ensuring the application of Point 47 of the IIA of 17 May 2006, proposes to delete the appropriations entered in the draft budget in particular in light of the fact that no legal base yet exists for these agencies; expects the Council to clarify host countries' contributions to agencies already established and to adopt a set of binding common standards;

Specific approach per heading

Heading 1a - Competitiveness for growth and employment

16. Confirms its conviction expressed in its APS resolution that knowledge, skills, research and development, innovation, information society technologies, and a sustainable transport and energy policy form the basis of a healthy modern economy and are essential for job creation; has therefore decided to reject the Council's approach of reductions in a number of crucial budget lines aiming at improving the competitiveness of the EU's economy; has decided to increase payment appropriations for priority programmes linked to the Lisbon agenda such as the Competitiveness and Innovation Programme (CIP) and the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013);

17. Regrets that the appropriations for trans-European transport networks (TEN-T) have been considerably reduced for the 2007-2013 MFF to a level lower than had been anticipated; underlines the importance of a clear statement from the Commission of its proposed priorities for TEN-T investment; awaits a satisfactory agreement with the Council and the Commission on a regulation on financial aid in the field of trans-European transport networks and priority projects to which funds should be allocated;

18. Is convinced that raising the EU's competitiveness is an essential element of the EU's response to the challenges of globalisation; therefore considers increases in appropriations in heading 1a to be a clear signal of the future direction that EU spending should take; recalls the need for adequate public funding to create the pump-priming effect expected of European Investment Bank cofinancing; awaits with impatience the proposals by the Commission and Council on this subject; stresses that an increase in the long-term subscribed capital would be desirable for the European Investment Fund, both to accompany the introduction of the new mandates (including the CIP) in 2007 and to finance the new technology transfer project operations, as wished by Parliament, the Council or the Commission;

19. Stresses the extraordinary technological and economic significance of the Galileo programme; reminds the Commission that, taken over the period as a whole, this

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programme is underfinanced in the new MFF and calls on the Commission to seek promptly a workable and lasting solution in order to ensure the success of this programme;

Heading 1b - Cohesion for growth and employment

20. Notes that the appropriations for the structural and cohesion funds are considerably lower for the 2007-2013 MFF than had been anticipated, largely as a result of the conclusions of the December 2005 European Council; considers therefore that the appropriations in the PDB should be restored; underlines the importance of establishing and approving as quickly as possible national programmes now that the new IIA has been agreed; stresses the importance of cohesion as one of the policy priorities of the EU; has decided to increase payment appropriations for budget lines linked to cohesion in line with its policy priorities;

21. Calls on the Commission to present the requisite texts and initiate procedures as soon as possible to enable the allocation of resources for the International Fund for Ireland during the 2007 budgetary exercise; further calls on the Commission to clarify the legal basis for the Peace Programme;

Heading 2 - Preservation and management of natural resources

22. Notes that 2007 will be the first year of full implementation of the most recent reform of the Common Agricultural Policy (CAP); deplores the Council's drastic across-the-board cut in market expenditure of EUR 525 million, based on accounting criteria and without taking account of Parliament's priorities; calls therefore for the re-establishment of the figures in the PDB;

23. Deplores the fact that in spite of the major needs for restructuring, modernisation and diversification of Europe's rural economy, the resources allocated to rural development are set to fall in real terms; considers that a voluntary transfer of funds from direct agricultural support (CAP "first pillar") to rural development is not the appropriate means for remedying this situation; expresses in this connection strong reservations about the current Commission proposal concerning voluntary modulation of up to 20% of direct agricultural support to rural development; calls on the Commission to conduct an impact assessment in accordance with the Interinstitutional Agreement of 16 December 2003 between the European Parliament, the Council and the Commission on better law-making1 and on that basis to submit a revised proposal on voluntary modulation;

24. Urges the Commission, in the absence of agreement between the co-legislators on LIFE+, to include in an amending letter the necessary modifications to allow the provisional financing of activities contributing to preparatory work and continuity of the environmental programmes;

Heading 3a - Freedom, security and justice

25. Points out that the area of Freedom, Justice and Security, and in particular the promotion of fundamental rights, the definition of a common asylum and migration policy and the

1 OJ C 321, 31.12.2003, p. 1.

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fight against terrorism and organised crime, is one of the Union’s key priorities; resolves accordingly to increase the resources allocated to this area, in particular to Eurojust, the sole body for judicial cooperation between the Member States in the criminal law field, the growing effectiveness of which must be stepped up still further;

26. Considers that integrated management of the Union’s external borders is one of the objectives currently requiring urgent, and greater, support; accordingly backs the increase in resources made available to the External Borders Fund; increases the resources made available to the FRONTEX Agency; restates its repeatedly made demand that Europol be placed on a Community footing in order both to increase its effectiveness and to step up the democratic and judicial oversight to which it must be subject;

Heading 3b - Citizenship

27. Recalls the importance of the principle of subsidiarity in the field of culture, education, training and youth, and believes that respect for pluralism of opinion is the first condition for an effective communication policy in order to bring the EU closer to citizens; considers that better use can be made of new communications media to bring together European policymakers from all political opinion to share ideas; urges the Commission to clarify the budget implications of and the actions to be taken under the Plan D for Democracy Debate and Dialogue; asks the Commission to publish on the Internet the detail of allocation of subsidies (amounts and beneficiaries) for all actions;

Heading 4 - The EU as a global player

28. Believes that the EU can and should be engaging more quickly and more strategically with the process of globalisation; proposes the restoration of PDB figures on a number of lines and increases beyond the PDB in payments and in commitments in some areas with a view to boosting EU activities through Community programmes in the fields of foreign policy, development and humanitarian aid, and business and scientific exchanges with key emerging countries such as China and India;

29. Notes that the new legal framework for the EU's external actions also implies a new budget structure; welcomes in general the simplification of instruments and the new budget nomenclature proposed with it; welcomes also the presentation of a separate instrument on Human Rights and Democracy, which requires a modification of the nomenclature of the PDB; cannot accept, however, that a number of the proposed changes reduce transparency for either sectors and/or regions and countries; has introduced necessary modifications in this respect; calls on the Commission to provide also a breakdown per activity and pre-accession country and, in the interests of transparency, a corresponding nomenclature in all corresponding budget lines; moreover, calls on the Commission to provide a regular monitoring report to the budgetary authority on the progress of both the two new Member States and the pre-accession countries;

30. Is concerned that the expansion of activities in the area of the Common Foreign and Security Policy has not been matched by increased democratic accountability and parliamentary scrutiny; proposes budgetary amendments that seek to foster a greater degree of transparency and cooperation in this regard;

Heading 5 - Administration

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31. Is firmly opposed to the approach adopted by the Council in the draft declarations annexed to the draft budget on administrative resources that advocated cutting 200 posts in the EU institutions, principally the Commission, in 2008 and a further 500 posts between 2008 and 2010;

32. Decides to restore the cuts made by the Council on the Commission's administrative expenditure including for the establishment plan in order to allow its proper functioning; however, enters EUR 50 million in the reserve with four conditions as follows:

commitment to carry out a screening exercise before 30 April 2007 providing a mid-term evaluation of its staff needs and a detailed report on the Commission's staffing of support and coordination functions covering all places of work;

commitment to set down an improved procedure in line with the Framework Agreement to include Parliament's legislative and budgetary priorities in its legislative and work programme, allowing a presentation before Parliament in February 2007 of the Union's work programme;

agreement on a joint programme on simplification of the Union's regulatory environment;

commitment to provide a state of play of the review of all outstanding regulations including a report on the Commission's activities to improve the transposition of EU law into national law to ensure that the criteria to strengthen competitiveness are met;

33. Is of the opinion that the European Communities Personnel Selection Office (EPSO) should introduce radical changes in its operating methods in order to offer to the Institutions more quickly a greater number of candidates who are more suited to the Institutions' needs;

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34. Takes note of the opinions voted by specialised committees as contained in report A6-0358/2006;

35. Instructs its President to forward this resolution, together with the amendments and proposed modifications to Section III of the draft general budget, to the Council and Commission, and to the other institutions and bodies concerned.

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P6_TA-PROV(2006)0452

Draft general budget for 2007 (sections I, II, IV, V, VI, VII and VIII)

European Parliament resolution on the draft general budget of the European Union for the financial year 2007 - Section I - European Parliament, Section II - Council, Section IV - Court of Justice, Section V - Court of Auditors, Section VI - European Economic and Social Committee, Section VII - Committee of the Regions, Section VIII(A) - European Ombudsman, Section VIII(B) - European Data Protection Supervisor (C6-0300/2006 – 2006/2018B (BUD))


– having regard to Article 272 of the EC Treaty,

– having regard to Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities' own resources1,

– having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities2,

– having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament the Council and the Commission on budgetary discipline and sound financial management3,

– having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure4, and in particular point 26 thereof,

– having regard to its resolution of 15 March 2006 on the guidelines for the 2007 budget procedure - Sections II, IV, V, VI, VII, VIII (A) and VIII (B) and on the European Parliament's preliminary draft estimates (Section I) for the 2007 budget procedure5,

– having regard to its resolution of 1 June 2006 on the estimates of revenue and expenditure of the European Parliament for the financial year 20076,

– having regard to the preliminary draft general budget of the European Union for the financial year 2007, which the Commission presented on 3 May 2006 (SEC(2006)0531),

– having regard to the draft general budget of the European Union for the financial year 2007, which the Council established on 14 July 2006 (C6-0300/2006),

1 OJ L 253, 7.10.2000, p. 42.2 OJ L 248, 16.9.2002, p. 1.3 OJ C 139, 14.6.2006, p.1.4 OJ C 172, 18.6.1999, p. 1. Agreement as last amended by Decision 2005/708/EC of the

European Parliament and of the Council (OJ L 269, 14.10.2005, p. 24).5 Texts adopted, P6_TA(2006)0090.6 Texts adopted, P6_TA(2006)0241.

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– having regard to Rule 69 of and Annex IV to its Rules of Procedure,

– having regard to the report of the Committee on Budgets and the opinions of the Committee on International Trade, the Committee on Development, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Petitions (A6-0356/2006),

A. whereas 2007 is the first year of the new financial framework (2007-2013), for which the ceiling of heading 5 (Administrative expenditure) has been set at EUR 7 115 000 000 at current prices;

B. whereas the Preliminary Draft Budget (PDB) of all the institutions left a margin of EUR 160 750 000 below the ceiling of heading 5 of the financial perspective for the financial year 2007;

C. whereas after Council's decision the draft budget (DB) has a margin of EUR 285 190 000 below the ceiling of heading 5 for 2007;

General Framework

1. Agrees with the Council that budgetary discipline and productivity gain should constitute key principles for all institutions; does not align itself with Council on across-the-board reduction; considers that budgetary requests should be evaluated on a case-by-case basis which would result in a clear and more precise picture of the real needs and priorities of each institution;

2. Reiterates the fact that, while respecting annuality and the administrative nature of the budget, a more operational, activity-based, multiannual approach should be adopted by the institutions; believes that this approach reflects more realistically and effectively the short and medium term development and requirements of the institutions;

3. Expects the institutions to ensure that policies and activities financed by the taxpayers provide real added-value for citizens and that budget appropriations are used in accordance with the principles of sound financial management and cost-effectiveness; has therefore decided to limit the budget increase of 2007 to 4.79%, excluding enlargement costs;

4. Points out that, over the years, a number of institutions have ensured that substantially high margins were becoming a permanent feature in their estimates, giving rise to a high degree of mopping up transfer and, at times, cancellation of appropriations; acknowledges that it is prudent to have some adequate margins, but considers it inappropriate to have unrealistic inflated margins, under normal circumstances and especially when the process of purchasing and acquiring buildings starts to slow down;

5. Decides to leave a margin under the ceiling of heading 5; recommends restoring EUR 30 389 840 out of the EUR 47 812 781 reduction made by Council on the budget of the other institutions (excluding the Commission);

6. Is of the opinion that, under normal circumstances, the policy of purchasing offices and buildings should be continued especially since, over the years, this policy has served the European Parliament's interests well, generating savings and thus making it possible to

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fund other projects; is of the opinion, however, that some institutions may be adopting this policy solely for the sake of acquiring property; requests that this policy take into account supporting evidence such as area/volume of office space per employee and give due attention to the considerable costs, such as security and maintenance, especially as building costs account for over 16% of heading 5; insists also that institutions should present for each future acquisition proposal an indication of the additional related costs that would result in the medium term; recommends the implementation of a policy of multiannual property investment planning instead of an annual plan;

7. Welcomes the adoption by the institutions of the new nomenclature which renders the presentation of budgetary documents more understandable and transparent to the citizens but considers it could be further improved;

8. Has noted that the institutions at times find it difficult to adequately tap the labour market for particular professional skills, such as accountants and Information Technology personnel; notes the ever-increasing trend in the hiring of temporary staff and in the outsourcing of certain services; considers it advisable to address the policy to be followed by institutions regarding outsourcing and recruitment of temporary contract workers;

9. Invites the institutions to restructure the translation services and especially the number and length of texts to be translated; requests the institutions to present a report on the cost efficiency of their translation services;

10. Is of the opinion that the institutions should provide more information on the performance of their core tasks in order to justify the consumption of their financial resources; stresses the need to monitor whether additional funds are rendering institutions more or less effective and efficient; considers that in addition to budgetary implementation reports, institutions should provide more informative activity related reporting which should be submitted to the budgetary authority by the first week of September each year. These reports could be used to explain better any additional requests for funds while enabling the budgetary authorities to make a more rational decision on the allocation of such funds;

11. Is disappointed that not all institutions are committed to making re-deployment a viable exercise; welcomes efforts being made by some institutions - notably Parliament's Administration, albeit to a very limited degree - to successfully implement a re-deployment policy over a number of years; recommends that in the coming years institutions should ensure that a re-deployment policy is an integral part of the planning procedure when preparing the annual estimates, thus ensuring that human resources requested are in line with operational requirements;

12. Notes that the majority of requests for additional staff emanate from the enlargement process which remains a top priority; agrees with Council's policy to accept all new posts related to enlargement; considers, however, that more information has to be given on how additional staff will effectively be deployed, especially to ensure that the new incumbents are really being employed to carry out enlargement related duties;

13. Contends that appropriations should, as much as possible, relate to specific activities thus avoiding the cancellation of appropriations and the mopping-up transfer at the end of the year;

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14. Does not agree with Council's decision to increase the "standard abatement" to a relatively high level and base it on the current rate of vacant posts as this could potentially create some unnecessary problems, especially if successful candidates could not be employed due to lack of appropriations;

15. Recommends forms of cooperation between institutions which are bound to create synergy and contribute towards financial savings and greater efficiency, whilst helping the citizens to better understand the role of the EU in their everyday activity;

16. Urges institutions to have a more harmonised and standard approach when drafting their estimates, including clear and precise justifications, as this would facilitate their analysis;

Section I - European Parliament

Level of budgeting

17. Calls on the Bureau to re-address the self-imposed ceiling of 20% of heading 5 in the coming years, taking into account the development and consequential requirements of Parliament for 2009 and beyond;

18. Regrets that the budgetary authority has had no feedback from the Administration on its request relating to the minimisation of costs in areas experiencing unnecessary expenditure as a result of having three places of work; recalls that the costs of this geographical dispersion represent approximately 16% of the total expenditure of Parliament; requests the Administration to submit a report on the number of officials who are required in Strasbourg during the Plenary Session;

19. Takes note of the Bureau's amending letter of 6 September 2006 proposing to set the budget at the maximum level of 20% of heading 5, which translates into an increase of 7,72% over the 2006 budget; points out that the amount of mopping up transfer in 2005 was EUR 123 800 000 and the surplus in 2006 is expected to be around EUR 100 million; draws the attention of Members to its abovementioned resolution of 1 June 2006 (paragraphs 1 and 2) stating that the budget should be based on realistic requests;

20. Has decided, after careful examination of Parliament’s budgetary requirements, that the final level of Parliament's budget be set at EUR 1 397 460 174 corresponding to a 5.74% increase over the 2006 budget and registering a reduction of Parliament's budget by EUR 25 539 826 below the 20% of heading 5; underlines that the above does not constitute any limitation of Parliament's right to use fully the self-imposed ceiling for 2007 and subsequent years; is confident that this level of budgeting would not in any way limit the institution's ability to continue operating and functioning at an efficient level;

Information and Communication policy

21. Re-affirms its policy that the European Parliament should continue its efforts to develop an effective and user-friendly information strategy with the main objective of improving the relationship between the institution and European citizens; considers that this can only be achieved on the basis of a report on a global concept for information and communication with citizens and after analysis of the added value of each information tool;

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22. Decides to modify the nomenclature and create two new budget lines for the Visitors' Centre and the Web-TV in order to enhance financial transparency and accountability;

23. Notes the Bureau's proposals to release EUR 6 700 000 from the reserve for information and communication policy earmarked for Web TV; has decided to maintain the EUR 6 700 000 allocated by the Bureau for Web TV in Chapter 104 ("Reserve for Information and communication"), as well as the 5 posts relating to the project, until the prototype, the content and the cost of the project including the structures and level of participation of political groups in the definition of the contents of the programmes are presented to the budgetary authority for its final decision;

24. Regrets that in the past years unnecessary delays were evident in the implementation of the overall improvement of the visitors’ programme; points out that issues relating to this service are highly relevant to improving the relationship between Members and their constituencies; considers that this direct contact with European citizens has a beneficial multiplier effect in the perception that European citizens have of their Parliament;

25. Reiterates the call it made in paragraph 37 of its resolution of 1 June 2006 for immediate action to resolve the sensitive issue regarding the underspending of EUR 5 million relating to the visitors’ programme; welcomes the Bureau's decision to adopt the Quaestors' proposal for the revision of rules on visitors’ groups in order to increase the amount available to cover costs and to increase the number of visitors per Member to 100; appreciates also the early handover of the D4 building where the Visitors' Centre is located; requests the Secretary General to inform the budgetary authority on the impact of the implementation of the new rules and the efficiency of the system by the end of March 2007;

26. Underlines that the reception of visitors' groups should be done under the best conditions; therefore requests the Administration to study carefully practical arrangements such as access to the new Visitors' Centre, the conditions for visiting the Plenary Chamber and the availability of meeting rooms;

27. Acknowledges the efforts being made by the Administration to rectify the shortcomings in the visitors’ service; however, calls on the Administration to address the complaints concerning the non-availability of slots to receive visitors;

28. Has decided to agree with the following Bureau proposals regarding various appropriations:

● to allocate an extra amount of EUR 2 700 000 for the visitors’ programme,

● to allocate EUR 6 800 000 for the fitting out of the Visitors' Centre premises; from this amount, EUR 2 600 000 is transferred from Chapter 104 ("Reserve for Information and communication");

● to maintain in chapter 104 ("Reserve for information and communication policy") an amount of EUR 15 700 000 for the audiovisual equipment of the D5 building.

29. Has decided to confirm the decision taken by the Bureau on the initiative "Citizens Agora" for a trial period; asks the Bureau to be informed on the estimated cost and the content of this initiative before implementing the project;

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Enlargement

30. Confirms the decision to enter an allocation of EUR 48 million for enlargement related expenditure (Romania and Bulgaria) in respect of the following:

1. new Member-related personnel expenses (35 Romanians and 18 Bulgarians);

2. additional staff (the remaining 113 out of the 226 permanents posts and 22 temporary posts for political groups);

3. interpretation and conference technicians;

4. equipment and furniture;

5. operating expenditure;

6. information and statutory financing of political groups and parties;

31. Calls on the Administration to ensure that enlargement-related recruitment processes do not experience the same delays as witnessed in the enlargement to the EU 10; asks the Administration to update and periodically present the report on recruitment regarding enlargement to the budget authority;

Establishment Plan

32. Points out that consolidation of the establishment plan together with the redeployment exercise remain the key objectives in the strategic planning of the recruitment of staff in the 2007 establishment plan; maintains that a leaner organisational structure has to be created, principally by streamlining new posts, prioritising objectives and the discontinuation of activities which are not core activities and do not give any added value; re-affirms that the filling of posts falling vacant as a result of retirement will not be accepted as being an automatic process;

33. Notes that, following the amending letter by the Bureau, the level of new posts requested, before the redeployment measure, amounted to EUR 3 062 347 corresponding to 106 posts; considers, after evaluating more precisely the justification for these posts, that the total amount is well above Parliament's essential requirements for 2007 and has therefore approved the following new posts:

● Irish language: 3 AD5 (lawyer linguist), 3 AD5 (translator) and 3 AST3;

● Internalisation (former session auxiliaries): 4 AST1 (audiovisual);

● Comitology: 5 AD5 and 2 AST3;

● Better law-making: 1 AD5;

● Budgetary control: 1 AD5 and directorate D: 1 AST3;

● Extension of the KAD building: 1 AD5 and 2 AST3, of which one is in reserve;

● Web TV: 1 AD9, 2 AD5 and 2 AST3 in reserve;

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● EMAS: 1 AST3;

34. Has decided to release from the reserve:

● Internalisation (former session auxiliaries): 8 AST1 (audiovisual), 4 AD5 and 4 AST1, of which 2 AD5 and 2 AST1 remain in reserve (minutes and CRE), and 4 temporary AD5 (teachers);

● Maintenance of buildings: 3 AST3, of which one remains in reserve;

● Visitors' Centre: 1 AD5 and 1 AST3;

● Others: 1 AST3 (audiovisual sector) and 1 AST3 (medical service)

● Deletion of the 47 remaining posts in reserve;

35. Has also decided to make the necessary appropriations available for the creation of two AD5 posts for basic internal communication; has agreed also to the transformation of three fixed-term temporary AD5 and one fixed-term temporary AST3 posts into open-ended temporary posts in the Legal Service, in view of the importance the Institution attaches to improving the quality of legislation;

36. Is aware that upgrading is essential for the motivation of staff, but points out that this should always be in line with the Staff Regulations; takes note of the upgrades requested by the Administration and has decided to confirm the upgradings requested by the Bureau for permanent and temporary staff: 2 AST2 to AST3, 168 AST3 to AST4, 15 AST4 to AST5, 205 AST5 to AST6, 225 AST6 to AST7, 30 AST7 to AST8, 25 AST8 to AST9, 10 AST10 to AST11, 57 AD5 to AD6, 19 AD7 to AD8, 25 AD12 to AD13, 2 AD13 to AD14 and 1 AD10 to AD11, 1 AD8 to AD9, 2 AST7 to AST8, 1 AST5 to AST6, 1 AD8 to AD10, 1 AD6 to AD10, plus 1 AD8 to AD9;

37. Has likewise decided to confirm the upgradings requested by the political groups: 8 AD12 to AD13, 9 AD11 to AD12, 6 AD10 to AD11, 1 AD9 to AD10, 4 AD6 to AD7, 9AD5 to AD6, 10 AST10 to AST11, 1 AST9 to AST10, 5 AST8 to AST9, 5AST7 to AST8, 14 AST6 to AST7, 14 AST5 to AST6, 1 AST4 to AST5, 9 AST3 to AST4, 7 AST2 to AST3, 2AST1 to AST2;

38. Has decided to confirm the following conversions and to release the corresponding appropriation for:

● four AST3 to AD5,

● 2 AST and 2 AD5 fixed-term temporary posts into open-ended temporary posts;

39. Acknowledges the efforts made by the Secretary General at least to initiate the implementation of the redeployment process for the next three years; believes that with the necessary co-operation and commitment from all concerned this exercise could be developed to a larger extent; has decided, subsequent to the conciliation meeting of 5 October 2006 with the Bureau, to delete 15 posts by 1 January 2007 from the European Parliament's establishment plan; invites the Administration, in accordance with the adopted redeployment scheme, to make sure that all posts that become vacant are not automatically filled before an evaluation of needs has been made; considers that the

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redeployment of further 10 posts can be achieved by no later than the first reading of the 2008 budget: of these 10 posts, six are intended to create a limited number of posts to strengthen financial management, one is to be assigned specifically to the management of Members' allowances and one of the remaining is for the Human Rights Unit;

40. Points out that appropriation levels for the establishment plan as modified have therefore been reduced from EUR 2 760 616 to EUR 1 608 096, representing savings amounting to EUR 1 152 520;

41. Welcomes the fact that in the past years the training and induction courses, including those that address mobility and redeployment, being given to staff by the European Administration School have developed successfully;

42. Regrets however that induction training designed for Members' assistants has not yet been well formulated; urges the Secretary General to develop, in co-operation with the European Administration School, specific training programmes for Members' assistants;

43. Welcomes the fact that the traineeship programme in favour of persons with disability, as mentioned in the 2007 guidelines, has been formulated and is developing reasonably well;

Buildings Policy

44. Notes that the Bureau in its Amending Letter of 7 September 2006 has proposed to enter an additional EUR 19 million in the reserve for buildings over and above the EUR 50 million requested in Parliament's estimates; considers, after evaluating the property investment plan for 2007, that the amount of EUR 19 million is not at this stage a realistic requirement; has decided to maintain the EUR 50 million in the reserve for provisional appropriations for buildings to cover the institution's property investment (Chapter 105 "Provisional appropriation for buildings");

45. Calls on the Administration, especially after the "Strasbourg experience", to apply more stringent, water-tight and transparent procedures when purchasing buildings;

46. Notes that the appropriations which have to be allocated to the newly created line in the 2006 budget for Information Offices (Article 325) have not been activated due to the restrictions of nomenclature; calls on the Administration to present, every year, a detailed breakdown of the expenses related to the Information Offices, annexed to the draft estimates;

47. Is of the opinion that the agreement with the Commission on the management of acquisition of buildings including improvements, alterations and maintenance work, especially Information Houses in Member States, should be re-examined and reviewed; expects a report on this issue to be submitted to the budgetary authority not later than March 2007;

48. Makes it very clear that it would fully endorse the take-up of any unutilised funds within the 20% of heading 5 - through amending budgets - in the event that Parliament is in need of additional capital outlay for unforeseen expenditure, especially relating to the purchase and acquisition of essential new buildings;

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49. Reminds the Administration of the request made in paragraph 20 of its resolution of 26 September 2006 on the 2004 discharge: Section I - European Parliament1 to draw up a report examining whether it might be feasible to establish a European Building Authority charged with responsibility for the construction and maintenance of the buildings of the EU Institutions and bodies, and calls for this report to be presented to the Committee on Budgets;

50. Takes note of the Bureau's request to allocate the specific amount to the purchase of the following buildings and has decided to approve:

● an additional EUR 4 million for the extension of the KAD building in Luxembourg;

● EUR 7 832 000 for the fitting out and refurbishment of the D4 building due to the early handover;

● EUR 350 000 for the alterations to the Chamber in Brussels due to the accession of Romania and Bulgaria;

51. Considers that Parliament should put into practice as soon as possible the standards on the Environmental Management and Audit Scheme; reiterates its call for a more stringent policy to reduce energy costs, in particular air-conditioning costs in summer;

Security

52. Welcomes the efforts made by the Belgian authorities regarding the security around Parliament; is of the opinion that the cost of security inside the Parliament is becoming excessive and has decided to enter 10% of the appropriation in chapter 100 ("Provisional appropriation"); is willing to release the appropriation when provided with a report which assesses the efficiency and the quality of the service provided against the cost and the associated risks in the three places of work and the Houses of Europe;

Multilingualism

53. Acknowledges the importance and relevance of multilingualism for the institutions; considers that the service is essential for the work of Members and for citizens;

54. Recognises the difficulties involved in controlling this huge expenditure, which represents approximately 33% of the total expenditure of Parliament; takes the view that more discipline and control are necessary to administer this service effectively; welcomes the initiative taken by the Bureau to set up a guide of good practice; recommends, however, that the code of conduct on multilingualism should incorporate sanctions and penalties for the irresponsible use or misuse of these services by whatever offender; has taken the decision to put in reserve EUR 3 million; requests that the Administration make a feasibility study regarding a "help desk" for official interpretations for Members;

55. Has decided that, in respect of the Irish language, the following appropriations will be approved:

● EUR 100 000 against line 1420 Outside services;

1 Texts Adopted, P6_TA(2006)0363.

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● EUR 150 000 against line 3240 Official Journal;

● EUR 112 000 against line 2100 Purchase, servicing and maintenance of equipment and software;

● EUR 50 000 against line 3222 Expenditure on archive resources;

Assistance and services to Members

56. Takes note of the report presented by the Secretary-General on the final assessment of the "Raising the game" exercise, including the results of the quality survey conducted to gauge the level of service being given to Members; agrees that the necessary structural changes have taken place and that the main objectives of improving the support provided to Parliament's bodies and Members have, on the whole, been achieved; is concerned that the results of the survey highlighted the fact that Members are often not fully aware of the available support services; invites the Secretary-General to embark on an information strategy to address this issue not later than 15 December 2006;

57. Is still of the opinion that better use could be made both of Parliament's resources and of in-house specialised staff, especially where major parliamentary reports are involved;

58. Urges the Administration to look into the need to provide Members with a substantial basis of information on all topics and issues with which they are confronted in the performance of their duties; this information, to be provided by Parliament's research facilities, would enable Members to take a clear stand on complex issues;

59. Notes the improvement in monitoring of the implementation of the EU budget in its budgetary vote; asks the relevant committees to examine the setting-up of the structure and a procedure to carry out the implementation assessment exercise for 2007 with the specialised committees; in this way it will also help to prepare for the budget review in 2008-2009; asks the Secretary-General to facilitate the logistics (rooms and interpretation) to organise regular monitoring meetings according to the priorities that will be defined by the committees concerned;

60. Has noted the conclusions of the evaluation report on the acquisition of expertise (item 320); notes that an enhancement in the overall service has taken place; contends however that the service could be more efficient, especially as regards the fact that the relevant expertise has not always been submitted in time; has decided to release EUR 1 500 000 and to maintain EUR 500 000 in the reserve;

61. Encourages the Secretary General to make periodical audits on the service provided to Members, especially in respect of computers, the travel agency, telephones, car services and the legal service;

62. Considers that Information Technology is an essential and fundamental element for the proper work of Members and their staff; notes that there has been an improvement in the service being provided but is of the opinion that Members are still not getting full value for money; decides to put in reserve EUR 2 million from item 2102 ("Outside assistance") in connection with the operation, development and maintenance of software systems;

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63. Notes the Bureau's intention to create a Euro-Latin American Parliamentary Assembly (EUROLAT); will consider this issue when it has all the necessary information, particularly regarding the financial impact;

64. Notes the agreement regarding the Comitology provisions which entered into force on 23 July 2006; acknowledges the importance which this new regulatory procedure will have for Parliament in the decision-making process in the future; considers that it is necessary to analyse properly the future workload that this agreement will entail;

65. Reiterates, as previously mentioned in its resolution of 1 June 2006, its full support for the adoption of a real and meaningful statute for Members’ assistants; calls on the Council to take a final decision so that the necessary appropriations can be allocated;

Section IV - Court of Justice

66. Notes the recurring requests from the Court of Justice to obtain a third proof reader; has decided to authorise, at this stage, the recruitment of contract workers for each of the pivot languages; has decided to reduce accordingly the appropriation entered in item 1406 ("Other supplementary services (translation service/interpretation)"), which usually covers the extra needs in proof reading;

67. Agrees with the Council to authorise 111 upgradings including 10 requested to modify the Court's administrative structure by creating a new Directorate; takes note that this will not have any other financial implication in the future;

68. Has decided the following establishment plan measures:

● creation of 5 new permanent posts (3 AD5 and 2 AST3), in addition to the 10 new posts already agreed to by the Council in its draft budget; these five posts will conclude a process initiated in 2004 to reinforce Information Technology (IT) support in the IT division and in the financial and ex-ante control services;

● creation of 115 permanent posts for Romania and Bulgaria;

69. Is of the opinion that the setting up of a new Civil Service Tribunal should have helped reduce the congestion in other tribunals; calls on the Court of Justice to present a report on the impact of the creation of the new Civil Service Tribunal in terms of cost for buildings, staff and other expenses before March 2007;

70. Has decided to limit the increased draft budget of the Court of Justice in several areas such as the IT sector and to freeze the expenditure in the envelope of the 2007 budget; has however increased the appropriations made available by the Council in the draft budget by EUR 4 633 400 which represents a 3,45% increase, excluding the costs related to enlargement;

Section V - Court of Auditors

71. Has decided the creation of two posts for the human resources unit to ease the modernisation of management staff and to commit itself to create a further two posts needed in the 2008 financial year;

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72. Has decided on the creation of one post for the professional training unit to provide an adequate training programme for the junior auditors;

73. Has therefore decided the following establishment plan measures:

● creation of 3 new permanent posts (1 AST3 and 2 AST1), in addition to the 3 new posts already agreed to by the Council in its draft budget;


74. Is of the opinion that the Court of Auditors is lagging behind in IT and that it needs to update its system in order to perform its duties properly; has decided to restore EUR 518 000 that the Council has decided to cut;

75. Has increased the appropriations made available by the Council in the draft budget by EUR 3 579 729 which represents a 3,12% increase, excluding costs related to enlargement;

European Economic and Social Committee and Committee of the Regions

76. Is of the opinion that the creation of the joint administrative service has been beneficial for both committees and has created important economies to the budget of the European Communities; expects the two committees to renew their partnership agreement before the end of the year and /or to explore other forms of cooperation;

77. Is of the opinion that the two Committees could increase efficiency and could concentrate more on their political missions if certain tasks, notably those of drivers, ushers and the staff of the print shop, could be outsourced and the staff redeployed; insists that existing human resources should be redeployed in order to cater for future needs in the areas of enlargement or reinforcement of the Committees' political role;

78. Takes note that the Committee of the Regions commissioned two independent external assessments of the Joint Services, by Mr Joan Colom i Naval and Mr Robert Reynders, and invites the Committee of the Regions Secretary General to forward these reports to the European Parliament's Committee on Budgets;

Section VI - European Economic and Social Committee

79. Requests the European Economic and Social Committee to produce an annual report, before 1 September each year, on the impact of the advisory work that this institution performs for the European Parliament, the Council and the Commission;

80. Has decided to endorse the EUR 1 995 120 frontload from the 2006 budget to cover part of its needs for 2007 and decrease its request for 2007 accordingly;

81. Is of the opinion that to cope with its increasing workload, the European Economic and Social Committee should limit the length of the texts of its opinions and other publications, as is done by the other institutions;


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● creation of 5 new permanent posts (1 AD5 and 4 AST3), in addition to the 13 new posts already agreed to by the Council in its draft budget;


83. Has increased the appropriations made available by the Council in the draft budget by EUR 1 529 115 which represents a 1,12 % increase, excluding the costs related to enlargement;

Section VII - Committee of the Regions

84. Agrees with the Council on the request for upgrades related to the new Staff Regulations and also on the request to upgrade one Committee of the Regions Head of Unit to a Director's post for the joint service on the condition that this will not lead to the need for additional staff and that no proposal to split up the service will result from this upgrading before an in-depth and careful analysis and assessment of the service has been carried out; considers that it will guarantee a more equitable governance of the joint service between the European Economic and Social Committee and the Committee of the Regions;

85. Takes note of the non-request for new posts related to the enlargement to Bulgaria and Romania;


● creation of 3 new permanent posts (2 AD5 and 1 AST3) and one temporary post (AD5), in addition to the 3 new posts already agreed to by the Council in its draft budget;

87. Has increased the appropriations made available by the Council in the draft budget by EUR 581 684 which represents a 2,53 % increase, excluding the costs related to enlargement;

Section VIII (A) - Ombudsman

88. Notes that only 10 upgradings have been requested by the Ombudsman and that these upgradings have been agreed to by the Council;

89. Has decided to limit the appropriation allocated to the organisation of the National Ombudsman Biennial Seminar for which the Ombudsman is responsible this year to EUR 45 000;

90. Has increased the appropriations made available by the Council in the draft budget by EUR 150 000 to top up the appropriation for translation;

Section VIII (B) - European Data Protection Supervisor

91. Considers that the Estimates should be more precise, particularly in terms of staff and new requirements; requests its Administration and the Commission, in the context of the interinstitutional agreement, to provide adequate support for the drawing up of the estimates for the next financial year;


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● creation of 2 new permanent posts (1 AD9 and 1 AST5) in addition to the 3 new posts (1AD9, 1 AD8 and 1 AD7) already agreed to by Council in its draft budget;

93. Has increased the appropriations made available by Council in the draft budget by EUR 158 846 to maintain its level of development which represents an increase of 38,28% without taking into account the amending budget;

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94. Instructs its President to forward this resolution together with the amendments to Sections I, II, IV, V, VI, VII, VIII (A) and VIII (B) of the draft general budget to the Council, the Commission and the other institutions and bodies concerned.

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P6_TA-PROV(2006)0453

Fishing fleets registered in the outermost regions *

European Parliament legislative resolution on the proposal for a Council regulation amending Council Regulation (EC) No 639/2004 on the management of fishing fleets registered in the Community outermost regions (COM(2006)0433 – C6-0295/2006 – 2006/0148(CNS))

(Consultation procedure)


– having regard to the Commission proposal to the Council (COM(2006)0433)1,

– having regard to Articles 37 and 299(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0295/2006),

– having regard to Rules 51 and 134 of its Rules of Procedure,

1. Approves the Commission proposal;

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

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

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

1 Not yet published in OJ.

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P6_TA-PROV(2006)0454

Commemoration of the 1956 Hungarian Uprising

European Parliament resolution on the 50th anniversary of the 1956 Hungarian Revolution and its historical meaning for Europe


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

A. whereas the European Union is founded on the principles of liberty, democracy, the rule of law and respect for human rights and fundamental freedoms – principles that are common to all Member States,

B. whereas the countries of Central and Eastern Europe were deprived of their sovereignty and freedom by the Yalta division of post-World War II Europe for more than four decades,

C. whereas the Communist regimes in Central and Eastern Europe were not based on the consent or will of the people, and were maintained by Soviet military occupation and through the collaboration of Communist parties,

D. recalling the courage and determination of Hungarians who took to the streets in protest against the dictatorial rule of the Communist Party on 23 October 1956,

E. expressing its esteem for the perseverance of the Hungarians who continued their fight for freedom, national independence and civil rights in spite of the lack of any military help from the West and the intervention and overwhelming military preponderance of the Soviet Union,

F. saluting the human and political courage of Imre Nagy, the reform-communist prime minister of Hungary, who rightly understood the elementary expression of the will of the people and agreed to be the political leader of the popular revolution for freedom and democracy, eventually sacrificing his life and becoming a martyr for liberty as he was executed in 1958 for not bowing to pressure to publicly renounce the Revolution,

G. saluting the victims of the Revolution – 2170 killed in the fighting – and those of the cruel retaliation – 228 executed between 1956 and 1961, 20 000 taken into custody and imprisoned between 1956 and 1958, and thousands discriminated against for decades after the Revolution by the returning Communist leadership,

H. expressing its gratitude for the solidarity shown by people in many countries of the West as they welcomed 194 000 Hungarian refugees in 1956 and 1957,

I. recognising the essential value of solidarity between nations in general and, in particular, between the various nations of Central and Eastern Europe who have fought for their freedom – the Hungarians, Czechs, Slovaks, Poles, Germans, Estonians, Latvians and Lithuanians,

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J. recognising the historical and political link between the Hungarian Revolution in October 1956 and various other forms of resistance and resistance movements, such as the mass demonstrations in East Germany in June 1953, the Poznan demonstrations in Poland in June 1956, the Prague Spring of 1968, the birth of the Solidarity Movement in Poland in 1980 and democracy movements in the former USSR, notably those of the Baltic peoples,

K. recognising that the Hungarian Revolution was a historic attempt at the reunification of a divided Europe, and as such remains a cornerstone of our common European historical heritage,

L. recognising how the Hungarian Revolution contributed to the strengthening of cohesion in the democratic world and to the eventual founding of the European Communities in 1957, and was the antecedent to the democratic political changes that took place in 1989-1990 in Central and Eastern Europe, allowing the peaceful reunification of Europe through the European integration process,

1. Recognises the Hungarian Revolution of 1956 as one of the 20th century's emblematic manifestations of the pursuit of liberty and democracy that defied Communism in the Soviet bloc;

2. Salutes the brave men and women of Hungary who, by their self-sacrifice, lit a beacon of hope for other nations under the stranglehold of Communist rule;

3. Underlines the fact that the democratic community must unequivocally reject the repressive and undemocratic Communist ideology and uphold the principles of liberty, democracy, human rights and the rule of law, and take a clear stand whenever they are violated;

4. Calls on all democratic countries to clearly condemn the crimes committed by all totalitarian regimes;

5. Calls for the establishment of a European programme to strengthen cooperation between research and documentation centres in Member States studying the crimes of totalitarian regimes;

6. 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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P6_TA-PROV(2006)0455

Moldova/Transnistria

European Parliament resolution on Moldova (Transnistria)


– having regard to its previous resolutions on the situation in Moldova and the situation in Transnistria, and in particular that of 16 March 20061,

– having regard to the Partnership and Cooperation Agreement between Moldova and the European Union, which entered into force on 1 July 1998,

– having regard to the European Neighbourhood Policy Action Plan for Moldova, adopted on 22 February 2005, which sets the direction for strategic cooperation between the Republic of Moldova and the European Union,

– having regard to the statements of the Organization for Security and Co-operation in Europe (OSCE) at the 1999 Summit in Istanbul and the 2002 Ministerial Council meeting in Oporto,

– having regard to the Ukrainian initiative 'Towards a Resolution through Democracy', launched by the President of Ukraine, Viktor Yushchenko, on 22 April 2005,

– having regard to the Presidency statement of 18 September 2006 on the 'referendum' in the Transnistrian region of the Republic of Moldova,


A. whereas a 'referendum' took place in the Transnistrian region of Moldova on 17 September 2006, aimed at full independence for the region and its possible unification with the Russian Federation,

B. whereas neither this 'referendum' nor its outcome were accepted by the international community, as it was organised in a completely unilateral manner by the repressive regime of Transnistria, thus blocking the possibilities for a negotiated political solution to the conflict in Moldova, and as the suggestive character of the questions and the failure to meet basic requirements for free and fair elections such as freedom of the media, freedom of assembly and political pluralism were considered as predetermining the outcome of the referendum,

C. whereas the conflict between the separatist authority of Transnistria and the central government in Moldova has largely contributed to the instability in the whole country,

D. whereas negotiations concerning the status of Transnistria have been ongoing since 1992, in the so called 5+2 Format', in which Moldova, the Transnistrian region of Moldova,

1 Texts adopted, P6_TA(2006)0099.

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Russia, Ukraine and the OSCE are participating, with the EU and the USA as observers; whereas in April 2006 the negotiations broke down,

E. whereas the European Union took important steps recently to enhance its engagement with the Republic of Moldova and the search for a resolution of the Transnistrian conflict by opening a permanent Commission delegation in Chisinau, appointing an EU Special Representative (EUSR) for Moldova with a mandate to contribute to a sustainable settlement of the Transnistrian conflict and establishing an EU Border Assistance Mission (EUBAM) to Moldova and Ukraine,

F. whereas, according to the UN's 2005 Human Development Report, Moldova is the poorest country in Europe and the situation with regard to Transnistria is a major hindrance to the country's socio-economic development,

G. whereas at the beginning of this year the Russian Federation imposed a ban on the import of agricultural products (wine, fruit and vegetables) from Moldova and Georgia, which is particularly harmful to the economic development of both countries,

H. whereas the unilateral movements for independence in Transnistria, South Ossetia and Abkhazia are not being supported by any international organisation, and continuing efforts are being made under the auspices of the OSCE and the United Nations to restore the sovereignty and territorial integrity of Moldova and Georgia,

1. Strongly denounces the attempt in the Transnistrian region of Moldova to establish its independence in a unilateral way by organising a so-called referendum;

2. Calls on the government of the Russian Federation to withhold its support from this move and in particular from the holding of so-called referenda on the independence of the region; calls on the government of the Russian Federation to give its fullest support to the multilateral efforts to find a solution to the conflicts in its neighbourhood; calls on the government of the Russian Federation, furthermore, to fulfil the commitments made in 1996 in the Council of Europe and reflected in OSCE Summit (Istanbul, 1999) and Council of Ministers (Oporto, 2002) decisions concerning the withdrawal of Russian troops and arms from the territory of Moldova; expresses concern over the lack of progress on this issue;

3. Fully rejects the organisation and outcome of the 'referendum' on independence for the Transnistrian region of Moldova and its possible accession to the Russian Federation, as this is in sharp contradiction with the internationally recognised sovereignty and territorial integrity of the Republic of Moldova and as the repressive regime in Transnistria does not allow for the free expression of the popular will;

4. Stresses that the resolution of the Transnistrian issue constitutes a crucial element for promoting political stability and economic prosperity in the Republic of Moldova and in the whole region; stresses the need for a peaceful solution to the conflict, in line with the UN Charter and Conventions and OSCE declarations and with full respect for the sovereignty and territorial integrity of the Republic of Moldova within its internationally recognised borders;

5. Calls on all parties to the conflict to refrain from any measures that would lead to a

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further escalation of the situation and to return immediately to the negotiating table in the 5+2 format and work towards a speedy and transparent solution of the conflict;

6. Calls on the Council, the Member States and the Commission to continue to give their fullest support to a political and peaceful solution of the regional conflicts in the neighbourhood which the EU shares with the Russian Federation, and urges them to discuss these matters at their next meetings with the President and government of the Russian Federation;

7. Calls on the government of Moldova to undertake confidence-building measures and put forward new proposals for the inhabitants of Transnistria, providing positive incentives in order for them fully to support a peaceful reunification of the state, with minority language rights and local autonomy being safeguarded;

8. Condemns the continued repression, harassment and intimidation of representatives of the independent media, NGOs and civil society by the self-proclaimed Transnistrian authorities;

9. Regrets the lack of significant progress in the EU talks on visa facilitation and a readmission agreement with Moldova; calls on the Council and the Commission to speed up the procedure leading to the conclusion of a visa facilitation agreement with Moldova and to ensure its implementation; considers it unfair and discriminatory that Transnistrian citizens holding Russian passports are benefiting from the possibility of travelling to the EU more easily than Moldovans, which is contributing to increased tensions over the Transnistrian region and acting as a disincentive to settlement of the dispute;

10. Expresses its satisfaction with Ukraine's decision of March 2006 to impose new customs regulations on its border with Transnistria, in line with international law;

11. Welcomes the good results achieved by the EUBAM on the border between Moldova and Ukraine, which was established in March 2005 and is playing an important role in fighting corruption, illegal trade and trafficking by improving transparency and building up appropriate operational and institutional capacities in Moldova to ensure effective border control, thus contributing to the eventual settlement of the Transnistrian conflict;

12. Expresses its strong and continuing support for the efforts of the Moldovan people to establish a fully functioning democracy, the rule of law and respect for human rights, which are essential for ensuring the progress of reforms;

13. Instructs its President to forward this resolution to the Council, the Commission, the government and parliament of Moldova, the government of Romania, the government of Ukraine, the government of the Russian Federation, the US government, the Secretary-General of the OSCE and the Secretary-General of the Council of Europe.

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P6_TA-PROV(2006)0456

South Ossetia

European Parliament resolution on the situation in South Ossetia


– having regard to its previous resolutions on Georgia, in particular that of 14 October 20041,

– having regard to its resolution of 19 January 2006 on the European Neighbourhood Policy2,

– having regard to its recommendation to the Council of 26 February 2004 on EU policy towards the South Caucasus3 and to its resolution of 26 May 2005 on EU-Russia relations4,

– having regard to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, which entered into force on 1 July1999,

– having regard to the Presidency declaration of 20 July 2006 on recent developments in Georgia - Abkhazia and South Ossetia,

– having regard to the conclusions of the General Affairs and External Relations Council meeting of 16-17 October 2006,


A. whereas the situation in South Ossetia is deteriorating, with incidents, shootouts and clashes between Georgian and Ossetian forces and police units in recent months causing deaths and injuries,

B. whereas the Government and Parliament of Georgia have questioned the existing format of the negotiating process, the composition of the peacekeeping forces and the mechanisms of the peacekeeping operations stemming from the ceasefire agreement of 1992,

C. whereas the two sides have put forward two separate peace plans which contain many common elements that could and should be used as a basis for fruitful negotiations; whereas the Joint Control Commission (JCC) has lately proved incapable of producing significant results,

1 OJ C 166 E, 7.7.2005, p. 63.2 Texts Adopted, P6_TA(2006)0028.3 OJ C 98 E, 23.4.2004, p. 193.4 OJ C 117 E, 18.5.2006, p. 235.

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D. whereas the Russian Federation, by issuing passports to the residents of South Ossetia and Abkhazia, is complicating the process of peaceful conflict resolution in the conflict zones in Georgia,

E. whereas South Ossetia decided to hold a referendum on self-determination together with the presidential election on 12 November 2006,

F. whereas Georgia has moved to the stage of ‘Intensified Dialogue’ with NATO with a view to becoming a full member of that organisation,

G. deeply worried at the diplomatic crisis between Georgia and Russia following the recent arrests of four officers from Russia’s military intelligence service by the Georgian counterintelligence services on allegations of espionage and the subsequent recall of the Russian ambassador to Moscow for consultations,

H. whereas on 2 October 2006 the Russian authorities interrupted all land, air and sea links with Georgia, including mail communications, although the four officers had been released to the Organization for Security and Co-operation in Europe (OSCE) and are now back in Russia,

I. whereas a number of seriously discriminatory measures have been taken by the Russian authorities against Georgians living in Russia on the grounds of their ethnicity, including the deportation of nearly 700 Georgians from Moscow to Tbilisi and the alleged harassment of Georgian worshippers, businessmen and schoolchildren under the pretext of a clampdown on organised crime and illegal immigrants,

J. whereas in early 2006 the Russian Federation imposed a ban on the import of agricultural products (wine, fruit and vegetables) from Moldova and Georgia, which is considerably harming the economic development of both countries,

K. whereas the unilateral movements for independence in South Ossetia and Abkhazia are not being supported by any international organisation and continuing efforts are being made under the auspices of the OSCE and the United Nations to restore the sovereignty and territorial integrity of Georgia,

L. whereas the EU must increase its support for the ongoing efforts to resolve the conflicts in Georgia and the South Caucasus region, in cooperation with the OSCE and other parties,

1. Reiterates its call for a peaceful resolution of the conflict and its commitment to support the peace process, and calls on all parties to act responsibly by refraining from unilateral steps and inflammatory and aggressive statements which serve to exacerbate the situation and may degenerate into violence;

2. Reaffirms its full support for the sovereignty and territorial integrity of Georgia and calls on the Russian authorities to fully respect the sovereignty of that country within its internationally recognised borders;

3. Strongly condemns the attempts by movements in the Georgian regions of Abkhazia and South Ossetia to establish independence unilaterally;

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4. Calls on the Government of the Russian Federation to withhold support from all of these movements and to give its fullest support to the multilateral efforts to find a solution to the conflicts in its neighbourhood;

5. Condemns the fact that South Ossetia will hold a referendum on independence on 12 November 2006, and reminds the parties that a similar referendum on independence in 1992 was not internationally recognised;

6. Notes that the stagnated peace process needs to be relaunched, and calls for an enhanced and combined effort by the European Union and the OSCE to bring the parties back to the negotiating table, based on the progress made in the initial stages of the two peace plans;

7. Calls, in that connection, on both parties to sign the joint document on refraining from the use of force and on security guarantees and to engage in constructive negotiations in order to overcome the present stalemate; regrets the fact that the meeting of the JCC, which took place in Vladikavkaz on 12-13 October 2006, did not yield any results;

8. Takes the view that the full demilitarisation of, and a reduction in the number of weapons in, the conflict area, with the exception of the OSCE joint peacekeeping force, is a fundamental element of conflict prevention and a first essential step towards further confidence-building measures; therefore calls on Russia to refrain from holding military exercises and displaying any kind of military force in close proximity to Georgia's territorial waters;

9. Stresses that neutral, effective and impartial peacekeeping operations are essential for resolving territorial conflicts in Georgia; looks with interest, in that connection, to new proposals concerning the existing tripartite joint peacekeeping force deployed in the conflict area around the ceasefire line between Georgia and South Ossetia; points out that a new force should incorporate an element of police support, to combat crime and lawlessness; stresses that the EU should be prepared, if necessary, to commit troops to a new peacekeeping force;

10. Considers it unfair and discriminatory that South Ossetian citizens holding Russian passports can travel to the EU more easily than Georgians, a state of affairs which contributes to increased tensions over the South Ossetian region and acts as a disincentive to a settlement of the dispute;

11. Calls on the Russian state authorities to halt immediately all acts of repression and harassment carried out and all accusations made by representatives of official state institutions against ethnic Georgians living in Russia;

12. Calls on the Russian authorities to rescind all the measures recently taken against Georgia and against the Georgian population on its territory; calls, further, on the Russian authorities to lift their unjustified import ban on products from Moldova and Georgia;

13. Calls on Russia to accept the realities which emerged after the end of the Cold War and to abandon outdated thinking about exclusive zones of influence;

14. Calls on the Council to keep on making every effort to defuse the tension and rebuild confidence between Georgia and the Russian Federation and prevent the present

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diplomatic crisis from escalating further; urges the Council and the Commission to find ways to help Georgia overcome and counterbalance the economic and social repercussions of the measures taken in Moscow;

15. Calls on the Council and the Commission to include the question of frozen conflicts and their resolution on the agenda for the next EU-Russia summits;

16. Welcomes the conclusion and the signing of the European Neighbourhood Policy Action Plan for Georgia; expects that the implementation thereof will give a further boost to the political and reform process in that country; welcomes the statements by the High Representative for the CFSP, Javier Solana, who recently said that the EU intends to become more actively engaged in the resolution of conflicts in Georgia, and calls on the Council to provide the EU Special Representative for the South Caucasus with all the necessary means and resources to make this action more effective and visible;

17. Instructs its President to forward this resolution to the Council, the Commission, , the President and Parliament of Georgia, the President and Parliament of the Russian Federation and the de facto authorities in South Ossetia and the Secretaries-General of the United Nations and the OSCE.

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P6_TA-PROV(2006)0457

Export of toxic waste to Africa

European Parliament resolution on the export of toxic waste to Africa


– having regard to the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (the Basel Convention), adopted on 22 March 1989 and approved on behalf of the Community by Council Decision 93/98/EEC,1 and the ban pursuant thereto on all exports of hazardous waste from the OECD to non-OECD countries,

– having regard to Community legislation on shipment of waste, in particular Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community,2 and Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste,3 which repeals Regulation (EC) No 253/93 as of 12 July 2007,


A. whereas around 500 tonnes of chemical waste have been dumped in several areas in the neighbourhood of Abidjan, Côte d’Ivoire, where 5 million people live,

B. whereas eight people have died so far and some 85 000 have been taken to hospital for treatment for nosebleeds, diarrhoea, nausea, eye irritation and breathing difficulties; whereas the consequences of this dumping of toxic waste may be far-reaching, including soil contamination and surface and groundwater pollution,

C. whereas this poisoning has affected in a particularly severe way a great number of children: as estimated by UNICEF, between 9 000 and 23 000 children will need medical assistance and health care and other measures to clean up the environment where they live will be required,

D. whereas the toxic waste was dumped by a Greek-owned, Panamanian-flagged tanker leased by Trafigura Beheer B.V., a Netherlands-based company; whereas such sharing of responsibilities creates a systematic and unacceptable problem with regard to the enforcement of Community legislation,

E. whereas environmental regulations in the Northern countries have made it expensive to dispose of hazardous waste,

F. whereas the Amsterdam port authorities found out about the hazardous nature of the waste upon unloading, and asked for a higher fee to complete the unloading, following which the tanker chose instead to pump the waste back on board; whereas the Netherlands

1 OJ L 39, 16.2.1993, p. 1.2 OJ L 30, 6.2.1993, p. 1.3 OJ L 190, 12.7.2006, p. 1.

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authorities allowed the ship to leave their territory despite knowing about the hazardous nature of the waste and about the captain’s unwillingness to pay for environmentally sound disposal in the Netherlands,

G. whereas the company had the opportunity to dispose of the waste in a legal and safe manner in Europe, but chose a cheaper alternative in Côte d’Ivoire,

H. whereas Africa is a dumping ground for all kinds of hazardous waste; whereas Greenpeace has identified 80 sites where hazardous waste from developed countries has been dumped, including old computers in Nigeria, radioactive tanks in Somalia, dumping of chlorine in Cameroon, etc.,

I. whereas most African countries do not have strong regulations to protect the environment and the livelihood of their populations against hazardous waste,

J. whereas all exports from the EU of waste for disposal have been prohibited since May 1994, pursuant to Regulation (EEC) No 259/93; whereas the export of hazardous waste from the EU to non-OECD countries for recovery has been prohibited since January 1997, pursuant to that Regulation,

K. whereas the dumping of hazardous waste in Côte d’Ivoire is just the tip of the iceberg of ongoing shipments of hazardous waste from the EU to non-OECD countries; whereas very large amounts of waste electrical and electronic equipment are being dumped in non-OECD countries under the pretext of ‘reuse’; whereas a significant number of old EU ships laden with toxic substances and materials are being scrapped in Asia under conditions that are extremely harmful to workers and the environment,

L. whereas it adopted at first reading on 9 April 2002 a position on the proposal for a directive on the protection of the environment through criminal law1; whereas the Council never adopted a political agreement on this proposal and favoured, instead, a third pillar framework decision on the same subject (Council Framework Decision 2003/80/JHA of 27 January 20032); whereas the Court of Justice of the European Communities annulled the framework decision in its judgment of 13 September 2005 in Case C-176/03,

1. Calls on the Commission, the Netherlands and Côte d’Ivoire to investigate this case fully, to establish responsibility at all levels, to bring to justice those responsible for this environmental crime and to ensure full remediation of the environmental contamination, as well as compensation for the victims;

2. Calls on the EU institutions and the Member States to take all necessary measures to provide full assistance to the population affected and in particular to children, by using all available means of support, cooperation and civil protection;

3. Considers that both Community legislation and international conventions were clearly violated in the case of the exporting of hazardous waste to Abidjan, and therefore calls on the Commission and the Member States to take all necessary measures to ensure full enforcement of the existing waste shipment legislation;

4. Asks the Commission and the Member States concerned to make public all the bilateral 1 OJ C 127 E, 29.5.2003, p. 120.2 OJ L 29, 5.2.2003, p. 55.

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agreements they have concluded with non-OECD countries for the shipping of waste;

5. Calls on the Commission to make legislative proposals to close the loopholes in the current regime on hazardous waste so as to end shipments to non-OECD countries of waste electrical and electronic equipment and obsolete ships and vessels;

6. Calls on the Commission to collect information on the illicit trafficking in, and dumping of, such hazardous wastes and products in African and other developing countries, to come forward with proposals for measures to control, reduce and eradicate this illicit trafficking, transfer and dumping of such products in African and other developing countries and to produce annually a list of countries and transnational corporations engaged in the illicit dumping of toxic waste and products in African and other developing countries;

7. Instructs its President to forward this resolution to the Council and the Commission, the Member States, the Secretary-General of the United Nations, the government of Côte d’Ivoire and the secretariat of the Basel Convention.

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P6_TA-PROV(2006)0458

Use of criminal law to protect the environment

European Parliament resolution on the follow-up to Parliament's opinion on environmental protection: combating crime, criminal offences and penalties


– having regard to the proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law1,

– having regard to its position of 9 April 2002 with a view to the adoption of a directive of the European Parliament and of the Council on the protection of the environment through criminal law2,

– having regard to its position of 9 April 2002 on the proposal for a Council decision establishing a framework programme on the basis of Title VI of the Treaty on European Union – Police and judicial cooperation in criminal matters3,

– having regard to the judgment of the Court of Justice of 13 September 2005 in Case C-176/03, Commission v. Council4,

– having regard to the communication from the Commission to the European Parliament and the Council on the implications of the Court's judgment of 13 September 2005 (Case C-176/03, Commission v. Council) (COM(2005)0583)5,

– having regard to its resolution of 14 June 2006 on the consequences of the judgment of the Court of 13 September 2005 (C-176/03, Commission v. Council)6,


A. whereas the Court of Justice, in its judgment of 13 September 2005, ruled that the Community legislature is entitled to take measures which relate to the criminal law of the Member States which it considers necessary in order to ensure that the rules which it lays down on environmental protection are fully effective,

B. whereas the Court of Justice considers that the provisions of Articles 135 and 280(4) of the EC Treaty do not prevent, for the purposes of the implementation of environmental policy, any harmonisation of criminal law,

C. whereas the Court of Justice considers that 'the entire framework decision, being indivisible, infringes Article 47 of the EU Treaty as it encroaches on the powers which Article 175 of the EC Treaty confers on the Community',

1 OJ C 180 E, 26.6.2001, p. 238.2 OJ C 127 E, 29.5.2003, p. 119.3 OJ C 127 E, 29.5.2003, p. 132.4 [2005] ECR I-7879.5 Not yet published in the OJ.6 Texts adopted of 14.6.2006, P6_TA(2006)0260.

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D. whereas the Commission, in its abovementioned communication on the implications of the Court's judgment of 13 September 2005, stated that the provisions of criminal law required for the effective implementation of Community law are a matter for the EC Treaty,

E. whereas the position taken by the Court of Justice, as re-interpreted by the Commission, is to be welcomed as it endorses the position already taken by the European Parliament in its resolution of 3 September 2003 on legal bases and compliance with Community law1,

1. Welcomes the judgment of the Court of Justice, which annulled the framework decision on environmental protection which had been adopted mistakenly under the third, rather than the first, pillar;

2. Notes that the Court of Justice decision leads to a legal vacuum regarding the protection of the environment through criminal law;

3. Considers that the adoption of the framework decision by the Council shows that the Member States recognise that criminal law instruments are necessary to strengthen the enforcement of environmental protection laws;

4. Considers that the adoption of the framework decision by the Council shows that the Member States recognise the need for a certain harmonisation in the field of the protection of the environment through criminal law;

5. Notes that the Court clearly stated that Articles 1 to 7 of the framework decision could have been properly adopted under Article 175 of the EC Treaty;

6. Regrets that the Commission, in its abovementioned communication on the implications of the Court's judgment of 13 September 2005, is not more explicit on the action it intends to take in relation to the existing proposal for a directive of the European Parliament and of the Council on the protection of the environment through criminal law;

7. Calls on the Council to examine the Commission's original proposal with a view to amending it or providing guidance for a new proposal on the protection of the environment through criminal law on the basis of Article 175 of the EC Treaty;

8. Requests that, unless the Council is determined to make progress in adopting a common position on the original Commission proposal, the Commission draw up a new proposal on the protection of the environment through criminal law on the basis of Article 175 of the EC Treaty, taking into account the Court of Justice's judgment and incorporating the result of the European Parliament's vote at first reading on the original proposal for a directive;

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

1 OJ C 76 E, 25.3.2004, p. 224.

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P6_TA-PROV(2006)0459

EU-Syria Euro-Mediterranean Association Agreement

European Parliament resolution containing the European Parliament’s recommendation to the Council on the conclusion of a Euro-Mediterranean Association Agreement between the European Community and its Member States, of the one part, and the Syrian Arab Republic, of the other part (2006/2150(INI))


– having regard to the proposal for a recommendation to the Council by Véronique De Keyser on behalf of the PSE Group on the negotiations with a view to the conclusion of a Euro-Mediterranean Association Agreement between the European Community and its Member States, of the one part, and the Syrian Arab Republic, of the other part (B6-0373/2006),

– having regard to the proposal for a Council decision on the conclusion of a Euro-Mediterranean Association Agreement between the European Community and its Member States, of the one part, and the Syrian Arab Republic, of the other part (COM (2004)0808),

– having regard to its previous resolutions on Syria, and particularly those of 8 September 2005 on the situation of political prisoners in Syria1 and of 15 June 2006 on Syria2,

– having regard to the Seventh European Parliament–Syria Interparliamentary Meeting, held in Syria from 11 to 18 June 2005,

– having regard to the Barcelona Declaration of 28 November 1995 and Parliament's resolution of 27 October 2005 on the Barcelona Process revisited3,

– having regard to the UN resolutions on relations between Syria and Lebanon, particularly UN Security Council Resolutions 1559(2004) of 2 September 2004 and 1701(2006) of 11 August 2006, and the recent report of 25 September 2006 by Mr Serge Brammertz, Commissioner of the UN International Independent Investigation Commission, investigating, in accordance with the Security Council’s resolutions, the fatal attack on the former Lebanese Prime Minister Rafik Hariri,

– having regard to Rules 83(5) and 45 of its Rules of Procedure,

– having regard to the report of the Committee on Foreign Affairs (A6-0334/2006),

A. whereas Syria is of geostrategic importance in this region of the Near and Middle East, mainly in view of its potential role as a link between the parties in the peace process and a facilitator of a resolution of the regional conflict; whereas this role could be enhanced by stepping up the dialogue with that country,

1 OJ C 193 E, 17.8.2006, p. 349.2 Texts Adopted, P6_TA(2006)0279.3 Texts Adopted, P6_TA(2005)0412.

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B. whereas at present the elements necessary for the signing of an association agreement between the European Community and Syria are not yet fulfilled, but whereas Parliament is convinced that Syria has the potential to meet the necessary conditions,

C. whereas the Iraq war, Syria’s strategic relations with Iran and its involvement in the affairs of Lebanon have all impacted on Syria’s relations with its neighbours and the wider international community,

D. whereas the aim of the agreement between the European Community and Syria is to encourage and support the transition to a democratic political system respecting human rights and civil liberties and an open and market-based economy, while remaining within the framework of an effective dialogue and real partnership,

E. whereas Syria has already adopted a number of economic measures advocated by the forthcoming association agreement,

F. whereas the protection of fundamental freedoms is the foundation for any development towards a strong and independent civil society and whereas the government’s position has in recent years been ambiguous but has nevertheless encouraged some hope for a greater opening-up of the Syrian political system,

G. whereas in spite of its active and constructive participation in the Barcelona Process, Syria is the only country with which the European Community has not yet signed an association agreement, thus preventing the Euro-Mediterranean Partnership from fully developing,

H. whereas the decree of March 1963 on the state of emergency and all the legislative acts relating to it are still in force today, although the recommendations following the tenth regional congress of the Baath Party (held from 6 to 9 June 2005) provided for their review,

I. whereas the conclusions of the UN International Independent Investigation Commission, mentioned above, are a fundamental element for the signing of a future association agreement,

J. whereas the human rights situation in the country has worsened since Parliament's last resolution on Syria of 15 June 2006, mentioned above, and whereas the activists detained in May 2006 for signing a petition calling for improved Syrian-Lebanese relations have not all been released,

1. Is convinced that the association agreement could give a decisive impetus to the political, economic and social reforms needed to improve the country’s situation;

2. Reiterates, however, that respect for democratic values, human rights and civil liberties are prerequisites, and that, to this end, an effective control mechanism should be included in the agreement’s human rights clause; calls, in particular, for greater respect for ethnic minorities and reiterates the need to maintain freedom of religion;

3. Believes that anchoring Syria firmly within the Euro-Mediterranean Partnership will reinforce Syria’s relations with the Member States of the European Union and its partners in the Southern Mediterranean, and facilitate the Middle East peace process;

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4. Questions the Council and Commission on the next steps towards signing the Euro-Mediterranean Association Agreement, initialled as long ago as 19 October 2004;

5. Asks the Council to strengthen its initiatives with a view to deepening the cooperation between the EU and Syria and ultimately signing that agreement, while taking account of the following recommendations:

● encourage and support actions by the Syrian Government towards the establishment of a democratic system;

● call on Syria to respect Lebanon’s sovereignty and abstain from interfering in its internal affairs, in particular by stopping arms supplies and preventing Hezbollah militias from rearming in full cooperation with the United Nations Interim Force in Lebanon (UNIFIL), and make renewed efforts to restart a credible peace process in the region leading to a comprehensive settlement and the restitution to Damascus of the Golan Heights;

● take account of the political signals emanating from the tenth regional congress of the Baath Party, of which the most conspicuous is the change in the leadership team to include younger figures close to President Al-Assad, as is shown by the appointment of Abdullah Dardari as deputy prime minister;

● give particular attention to the application of the clauses in the association agreement seeking to make public contracts more transparent; call on the Commission to ensure that other bilateral or multilateral agreements follow that approach;

● call on the Syrian Government to adopt measures in the fields of democracy and human rights so as to comply with international human rights law as regards respect for freedom of expression, the protection of human rights defenders, the prevention of and the fight against torture and the abolition of the death penalty; in particular, draw attention to the necessary reform of the Syrian associations law so as to end all major restrictions as regards the activities of human rights organisations;

● nevertheless, put to the Syrian Government its serious concerns about the absence of progress in such areas as opening up to multi-party politics and respect for human rights and civil liberties; point out that respect for human rights constitutes a vital component of the association agreement and call on Syria to respect its commitments within the framework of the Barcelona Process and along the lines of the European Neighbourhood Policy; to that end and in that context, call on Syria to do what is needed to immediately lift the state of emergency;

● call on the Syrian Government to reconsider the cases of political prisoners and release all prisoners of conscience and peace activists, and to allow the existence of groups such as the signatories of the Damascus Declaration, signed on 16 October 2005 by five proscribed parties and by independent personalities, and the signatories of the Beirut-Damascus/Damascus-Beirut Declaration of 12 May 2006; call on Syria to ensure that detained or imprisoned persons are well treated, not subjected to torture and given prompt, regular and unrestricted access to their lawyers, doctors and families; encourage the Syrian Government to cooperate fully with the Lebanese Government, in accordance with the agreement of 5 May 2005

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between the Prime Ministers of Syria and Lebanon, to obtain concrete results in the cases of disappearances of Syrian and Lebanese nationals, within the purview of the joint investigative commission created to that end;

● denounce before the Syrian Government – as the European Parliament has done in its above-mentioned resolution of 15 June 2006 – the wave of arrests in response to the Beirut-Damascus/Damascus-Beirut Declaration, that declaration being the first joint initiative by Syrian and Lebanese intellectuals and human rights defenders, and call for their immediate release;

● address the concerns of the European Union with regard to respecting the rights of religious and other minorities, and of the Kurds in particular; call on the Syrian Government to report on the state of progress with these issues;

● re-open a genuine dialogue with Syria with a view to involving it in peace efforts towards an overall settlement of the Middle East conflict;

● urge Syria to play a constructive role in the implementation of UN Security Council Resolutions 1559(2004) and 1701(2006), and call on it specifically to step up controls on its side of the Syria-Lebanon border so as to prevent the supply of arms to non-state entities;

● point out that cooperation by the Syrian authorities with the UN International Independent Investigation Commission has improved, but insist that it be further stepped up and that practical action be taken to follow up the investigation and comply with its findings;

● insist that Syria comply fully with UN Security Council Resolutions 1559(2004), 1562(2004), 1680(2006) and 1701(2006) and with the European Council’s declaration on Lebanon adopted at its meeting of 16 and 17 June 2006, which call on Syria and Lebanon to delineate their common frontier so as to reinforce regional stability; call on Syria to make a positive contribution to the clarification of the final status of the Shebaa Farms area in accordance with the UN Secretary-General’s recommendations of 12 September 2006 and in compliance with international law;

● note positively in this connection the withdrawal of Syrian troops from Lebanese territory, yet call firmly on the Syrian Government to establish formal diplomatic relations with Lebanon, which has so far been refused, and to stop supporting Hezbollah;

● call on the Syrian Government to give an account of its practical actions to combat the proliferation of weapons, terrorism and al-Qa’ida and on the control of its frontiers with a view to prohibiting the smuggling of weapons and the crossing of terrorists into neighbouring countries;

● deplore in this connection the signing of a military agreement concluded with Iran on 15 June 2006 on strengthening mutual cooperation in the face of American and Israeli ‘threats’;

● draw the attention of Syria to the importance of its potential role in the Near and Middle East for the peaceful resolution of conflicts in the region; address the

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concerns over provision by Syria of support to Damascus-based Palestinian militant groups Hamas and Islamic Jihad at the expense of moderate Palestinian forces seeking coexistence and peace with Israel;

● call on the Syrian Government to improve the living and environmental conditions of Palestinian refugee camps in Syria in accordance with international human rights standards;

● call on the Syrian Government to release Yacoub Hanna Shamoun, an Assyrian Christian who has been incarcerated for over twenty years without due process or a release date in the near future;

● exercise caution in the repatriation to Syria of immigrants and refugees belonging to religious minorities as long as repression continues; and, in any event, improve coordination of the different Member States’ national approaches to this issue;

● call for support for a dialogue between Syria and the European Parliament on these various points, so as to go forward with the cooperation between the EU and Syria with the expectation of signing the association agreement;

6. Requests the Council to consider additional incentives and benefits for Syria, going beyond those granted through the association agreement, in order to encourage Syria to review its current foreign policy and regional alignment in ways that will help promote regional peace, stability and prosperity and, in particular, recognition of the State of Israel’s right to exist and support by Syria for progress in the Middle East peace process;

7. Instructs its President to forward this resolution containing the European Parliament’s recommendation to the Council, the Commission and the Government and Majlis al-Sha’ab of the Syrian Arab Republic.

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P6_TA-PROV(2006)0460

Nairobi Conference on Climate Change

European Parliament resolution on the European Union strategy for the Nairobi Conference on Climate Change (COP 12 and COP/MOP 2)


– having regard to the United Nations Framework Convention on Climate Change (UNFCCC), to the Kyoto Protocol to the UNFCCC and to the application procedures for its implementation adopted at the Conferences of Parties in Bonn (July 2001), Marrakesh (October and November 2001), New Delhi (October and November 2002), Milan (December 2003), Buenos Aires (December 2004) and Montreal (November and December 2005),

– having regard to the forthcoming twelfth Conference of the Parties (COP 12) to the UNFCCC and the second Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (COP/MOP 2) to be held in Nairobi, Kenya, from 6 to 17 November 2006,

– having regard to its previous resolutions regarding climate change, and in particular those of 16 November 2005 on 'Winning the Battle against Global Climate Change'1, of 18 January 2006 on the outcome of the Montreal Conference (COP 11-COP/MOP 1)2 and of 4 July 2006 on 'Reducing the Climate Change Impact of Aviation'3,

– having regard to Oral Question B6-0440/2006 by the Committee on the Environment, Public Health and Food Safety tabled pursuant to Rule 108 of its Rules of Procedure and having regard to the statements by the Council and the Commission,

– having regard to the latest scientific findings, including recent reports on the melting of the Greenland ice sheet, the Arctic perennial sea ice and the permafrost in Siberia, as well as new findings on the extent of sea-level rise caused by climate change,

– having regard to the Finnish Presidency’s published priority on forests,


A. whereas full implementation, by all Parties, of the UNFCCC and of the Kyoto Protocol is fundamental for tackling climate change, even though the measures will not be truly effective until a global solution is found which includes the large economic blocs responsible for the bulk of polluting emissions,

B. whereas the eleventh Conference of the Parties (COP 11) to the UNFCCC and the first Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (COP/MOP 1) meeting in Montreal in November and December 2005 decided to initiate a

1 Texts Adopted, P6_TA (2005)0433.2 Texts Adopted, P6_TA (2006)0019.3 Texts Adopted, P6_TA (2006)0296.

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process to consider further commitments by Annex I Parties for the post-2012 period and to engage in a dialogue to exchange experiences and analyse strategic approaches for long-term cooperative action on climate change, establishing a UNFCCC workshop on reducing emissions from deforestation in developing countries,

C. whereas new technologies will be essential for tackling climate change in a cost-effective manner with a new focus on increased energy efficiency,

D. whereas further targets need to be set soon in order to avoid climate change running out of control and to provide sufficient incentives for rapid investment in the further development and installation of renewable energy and energy efficiency technologies, and whereas investment in energy infrastructure which is incompatible with climate policy targets must be avoided,

E. whereas greenhouse gas emissions continue to increase in many Member States, showing that strong action, redefined measures and new initiatives are needed for the European Union to be able to meet its Kyoto obligations,

F. whereas the contribution of aviation to climate change is substantial and growing rapidly while international aviation is not subject to any commitment arising from the UNFCCC and its Kyoto Protocol,

G. whereas the latest scientific evidence suggests that limiting warming to +2°C might not be sufficient to secure the UNFCCC goal of avoiding dangerous climate change,

H. whereas in its above-mentioned resolution of 16 November 2005 the European Parliament stated that strong emission reductions – 30% by 2020 and 60-80% by 2050 –are to be undertaken by developed countries,

I. whereas 24% of greenhouse gas emissions in 2005 were due to burning of forests and the latest scientific evidence from Amazonia demonstrates the impact of the reduction of forest cover and the weakening of the 'forest pump' on the climate, leading to the increased intensity of hurricanes originating from the southern North Atlantic and a reduction in rainfall in southern Brazil, Uruguay and Argentina,

J. whereas Council Conclusions will also be drawn up on the EU’s preparations for the forthcoming session of the United Nations Forum on Forests, which will, it is hoped, approve a global forest protection instrument,

K. whereas energy security and climate security must go hand in hand, and whereas Europe's energy and climate security depend to a large extent on the choices made by large economies such as China and India; whereas climate change mitigation can only be effective if developing countries – in particular large and rapidly-growing economies such as China and India – are actively involved in efforts to curb greenhouse gas emissions,

1. Urges the European Union to maintain its leading role in the negotiations at the COP 12-COP/MOP 2 Conference in Nairobi, and to maintain a high level of ambition in future discussions with its international partners;

2. Insists that on that occasion the European Union put forward an ambitious agenda for the discussions on further commitments for Annex I Parties under the Kyoto Protocol, for the

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new discussions regarding the review of that Protocol, and for the UNFCCC dialogue on long-term cooperative action;

3. Recalls that, as set out in its above-mentioned resolution of 16 November 2005, the EU strategy on climate change should be based on a seven-pronged approach:

– building on key Kyoto elements – binding greenhouse gas emission targets, a global cap and trade system and flexible mechanisms,

– undertaking strong emission reductions of 30% by 2020, with a view to achieving a reduction in the order of 80% by 2050, by using a combination of market incentives and regulation to stimulate investments in efficiency and carbon-free and low-carbon technologies,

– adopting a pro-active approach to engage other main actors, in particular the United States,

– developing a strategic energy partnership with countries such as China, India, South Africa, Brazil and Mexico to financially assist them in developing sustainable energy strategies benefiting from carbon-free and low-carbon energy sources and thereby securing their participation in climate change mitigation efforts,

– vigorously promoting research and innovation for sustainable energy technologies by facilitating best practice exchange between the Member States as well as universities, research centres and industry, and removing ‘perverse’ incentives such as fossil fuel subsidies, as well as internalising external costs, including those of climate change, into the price of energy production,

– using European and national legislation to stimulate greater energy efficiency and reduce the price of technology which reduces climate impact,

– encouraging much greater direct involvement in mitigation efforts at the level of the citizen, through awareness-raising campaigns, a necessary prerequisite being the provision of detailed information on the carbon content of products such as cars, aircrafts, houses and services and a future option being a system of personal tradable quotas;

4. Recalls its request that there should be no gap between the first and the second commitment period under the Kyoto Protocol and that the end of 2008 should be the time limit for reaching agreement on future climate commitments;

5. Recalls its support for the continuing use of flexible mechanisms, and for the long-term goal of a global carbon market based on cap and trade;

6. Calls on the Parties to COP 12-COP/MOP 2 to address the climate change impact of international aviation and calls for a discussion on a global tax on flights at the upcoming negotiations at the COP 12-COP/MOP 2 Conference in Nairobi;

7. Considers that industrialised countries must continue to play a vital role in tackling climate change at world level; calls, therefore, on Annex I Parties to meet their existing commitments and to take on ambitious targets for a second commitment period after

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2012; calls, moreover, on those industrialised countries that have not ratified the Kyoto Protocol to reconsider their position, to take vigorous domestic measures and to play an active role in future international negotiations, with a view to their participation in the future climate change regime;

8. Stresses that economic development is a right for all developing countries; emphasises, however, that developing countries do not have to repeat the polluting practices of the industrialised countries, and calls therefore for increased attention to be paid to technology cooperation and capacity building in the field of sustainable energy;

9. Calls on the Council and the Commission to make access to efficient and low-carbon energy technologies a priority within EU development cooperation;

10. Emphasises the key importance of engaging the rapidly industrialising developing countries in a future international climate change regime, while fully respecting their vital concerns about promoting their economic development and fighting poverty;

11. Welcomes the work of the UNFCCC Workshop on reducing emissions from deforestation in developing countries, most recently at its meeting in Rome from 30 August to 1 September 2006, and notes the broad agreement achieved on the need for payments for eco-system services and urges the rapid inclusion of avoided deforestation, as a contribution to achieving the Millennium Development Goals, in the second commitment period of the Kyoto Protocol;

12. Notes that Africa and other developing regions should be able to participate in the reduction of global greenhouse gas emissions and that international negotiations should include incentives to avoid deforestation; furthermore, calls on Member States to engage in sustainable clean development mechanism forestry projects;

13. Believes that in order to effectively tackle climate change global climate policy needs to create a level playing field for industry, thus encouraging innovations and energy efficiency and avoiding carbon leakage; suggests therefore, that global performance standards and targets be created for different activities, including consumer products and transportation at global level;

14. Stresses that the impact of climate change upon society must be better understood; calls on the Commission therefore to examine how to best organise workshops – in Europe and elsewhere with relevant stakeholders such as citizen groups, industry, farming communities, security experts and economists – to better understand the consequences of climate change in more detail;

15. Insists that individual Member States, and the European Union as a whole, live up to their existing commitments under the Kyoto Protocol and the burden sharing agreement, since the EU’s leading position in international talks will be undermined if this cannot be achieved;

16. Believes that the EU delegation plays an important role in these negotiations on climate change, and therefore finds it unacceptable that the members of the European Parliament part of that delegation were unable to attend the EU coordination meetings at the previous Conference of the Parties; expects the European Parliament participants to have access to such meetings in Nairobi, on the basis at least of observer status, with or without speaking

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rights;

17. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the Secretariat of the United Nations Framework Convention on Climate Change, with the request that it be circulated to all non-EU contracting parties.

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P6_TA-PROV(2006)0461

Inland waterway transport

European Parliament resolution on the promotion of inland waterway transport: NAIADES, an integrated European Action Programme for inland waterway transport (2006/2085(INI))


– having regard to the communication from the Commission on the promotion of inland waterway transport: NAIADES (COM(2006)0006),

– having regard to Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community-fleet capacity policy to promote inland waterway transport1,

– having regard to the Commission white paper "European transport policy for 2010: time to decide" (COM(2001)0370),

– having regard to the findings of the inland navigation high level meeting held in Vienna from 13 to 15 February 2006,

– having regard the Lisbon agenda for jobs and growth,

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

– having regard to the report of the Committee on Transport and Tourism (A6-0299/2006),

A. whereas transport flows are expected to increase and inland waterways still offer a lot of free capacity and can contribute to competitive transport solutions using a combination of modes of transport,

B. whereas greater ambition is needed in Europe in order to fully exploit more of the free capacity on inland waterways and the market potential of inland navigation in isolation and as a part of multi-modal transport chains across Europe, including by involving public and private parties at national and Community level, and in order to raise the volume of transport on inland waterways, incurring relatively low infrastructure costs,

C. whereas close cooperation among the Commission, the River Commissions, the Member States and all interested private parties is of essential importance to improving competitiveness and developing waterway transport,

The NAIADES action programme

1. Recognises that the European transport system is increasingly confronted with capacity problems, leading to congestion and delays, and that inland waterway transport (IWT) can help reduce congestion, improve freight transport safety, contribute to better energy efficiency and protect the environment;

1 OJ L 90, 2.4.1999, p. 1.

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2. Supports, therefore, the initiative of the Commission to establish an integrated European action programme for inland waterway transport: NAIADES (Navigation and inland waterway action and development in Europe);

3. Invites the Member States to further develop national policies to stimulate IWT, taking into account the European Action Programme, and to encourage regional, local and port authorities and industries to do likewise;

Markets

4. Emphasizes that existing markets should be consolidated, in particular by making infrastructure more reliable and better integrated across the whole supply chain;

5. Stresses that links with the new Member States in Eastern and Central Europe and also with Romania and Bulgaria must be developed and brought into line with current technology, which means that additional infrastructure measures must be considered and measures relating to intermodality and interoperability taken;

6. Stresses the need to develop opportunities for innovative multi-modal services in order to build new markets in which cooperation among IWT operators and users and national and regional authorities will be essential;

7. Calls on the Commission and the Member States, in view of the fact that the sector consists mainly of small businesses, to improve access to finance, and especially risk capital, for start-ups, fully taking into account, when planning and carrying out relevant measures, the specific structure of the sector;

8. Fully supports in this regard the Commission's initiative to provide sources of information on the subject of financing, for example a funding handbook containing a list of European, national and regional aid instruments for IWT, covering, if appropriate, funding from the European Investment Fund;

9. Asks the Commission to publish as soon as possible State aid guidelines for IWT support schemes and to adopt de minimis rules that take due account of the needs of the inland navigation sector;

10. Welcomes the Commission’s plan to screen existing bottlenecks at national and European level that hamper the development of IWT; calls for all public and private parties involved to contribute to this screening, to examine potential solutions and look for best practices, with the results of the screening being taken into account when drafting future legislation or taking new measures;

11. Stresses that administrative bottlenecks should be removed and procedures simplified, in particular by making optimal use of e-communication and by establishing one-stop-shops; believes that specific attention should be paid to procedures in sea and inland ports as well as to legislation on the environment, waste and food safety that leads to the disruption of logistics processes;

Infrastructure

12. Points out that the reliability of the waterway network and the availability of multi-

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functional (inland) ports are the most important conditions for the further development of IWT, above all as a part of multimodal freight transport chains, and for the sector in technical and economic respects and emphasizes the particular responsibility of Member States to increase their efforts to ensure adequate and reliable infrastructure, whilst taking into account environmental risks and aspects;

13. Stresses that particular attention should be paid to the development of waterways in the new Member States and the acceding countries, as more attention needs to be paid to waterways in these countries than in other Member States;

14. Points to the importance of River Information Services (RIS) to contributing to a more efficient and safer use of the inland waterway network and its links with other modes of transport; calls upon the Commission and the Member States to include RIS as part of the multi-annual indicative programme of TEN-T and fully to tap the potential of RIS for achieving sustainable logistics;

15. Points to the need to integrate the waterway system with maritime navigation by developing access to the sea, improving interfaces between inland waterway and maritime systems, and investing in new combined inland waterway and seagoing vessels, including vessels of innovative design;

16. Calls on the Commission, in cooperation with Member States and any third countries involved, to draw up a European Development Plan which should contain an up-to-date inventory of the infrastructure on European inland waterways and to provide more information on waterways in need of maintenance and other improvements to infrastructure; calls also on the Commission, in doing so, to make use of the existing findings of scientific studies and expert reports in the Member States;

17. Calls upon the Commission to designate as soon as possible, and by the end of 2006 at the latest, a European TEN-T coordinator for IWT to support the implementation of the IWT TEN-T priority projects, drawing on experience with existing coordinators;

18. Calls on the Member States and the Commission to give a higher preferential rate of at least 20% to all inland waterway projects of common interest and to give greater priority to inland waterways projects of common interest in the multi-annual TEN-T program;

19. Calls upon Member States to consider the IWT potential in land use planning and in economic policies at federal, regional and local levels so as to actively encourage the development of waterside commercial and logistic sites, taking into account sustainable transport and job creation in industry and distribution, and to pay special attention to small waterways which have an unexploited potential to enhance freight mobility;

Fleet

20. Recalls the need to lay down in 2007 stricter Community limits for SOx, PM, NOx and CO2 emissions, in particular by promoting low-sulphur fuel; calls on the Commission and the Member States to provide incentives to accelerate the introduction and use of fuel efficient and environmentally friendly engines in IWT in order to improve its energy efficiency;

21. Acknowledging that emissions are closely linked to the quality of the fuel available on the

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market, invites the Commission to submit as soon as possible a proposal setting stricter standards for inland shipping fuels;

22. Invites the Commission to submit in 2007 a proposal for a European Waterway Transport Innovation Fund for the financing of new demand-based investments and innovative concepts of European interest in the area of logistics, technology and the environment requiring cross-border cooperation and interoperability; is of the opinion that this fund, as a key instrument of the NAIADES Action Programme, should be financed as to one third by the sector (the existing Inland Waterway [reserve] Fund, created under Regulation (EC) No 718/1999), as a means of co-financing, as to another third by the EU and as to the remaining third by the Member States; calls, further, on the Commission to draw up, in close cooperation with the sector, the conditions under which this fund should be established; points out that support for information offices should be considered as an option;

23. Stresses the need to encourage the development of clean and efficient vessels under the Seventh Framework Programme on research and development; points, in this respect, to developments in vessel construction for use on different kinds of waters, including limited draught, which can promote IWT even on waters with low or variable water levels, without harming the natural environment; considers, in this connection, that there should be a particular focus on information and communication technologies and the design, eco-efficiency and equipment of vessels;

Jobs, skills and image

24. Recognises that the shortage of entrepreneurs and staff is becoming a problem for the IWT sector, given the aging of current personnel and a lack of appeal to newcomers;

25. Calls on the Commission and the Member States to continue their efforts to harmonise manning requirements and boat masters' certificates, and to promote the mutual recognition of qualifications, e.g. via the European Qualifications Framework;

26. Calls on the Commission, the River Commissions and the Member States to develop, in cooperation with the sector, modern and market-oriented training programmes for the sector, using where possible common training standards and cooperating with maritime training programmes such as "Leadership", in order to attract newcomers to work in an international environment and to offer attractive career prospects;

27. Stresses the importance of enforcing existing social legislation to safeguard good working conditions;

28. Notes there is still a lack of awareness of the possibilities of carriage of goods by IWT, in particular as regards the potential for flexibility and sustainability of IWT;

29. Recognises that, in order for it to be fully utilised and successful, the economic value of and possibilities for IWT need to be explained and advertised; calls therefore for support for existing IWT promotion offices and the creation of new ones in Member States with IWT potential which can advise and encourage transport users to use inland shipping, and for support for authorities in the identification of problems and definition of policies;

30. Proposes that this European network for promoting IWT should be integrated into a

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European network for promoting intermodality, using existing structures and experience gained in promoting other modes of transport, in particular in relation to the promotion of short sea shipping at European level;

31. Calls on the Member States and stakeholders concerned, in the absence of dedicated Community funding, to undertake to ensure the financial sustainability of this network;

32. Notes the importance of a European Market Observation System involving all actors and providing comparable market information, notably to allow timely and responsible investment decisions, to identify strong and weak points and to discover possible new markets;

The institutional framework

33. Points out that the growth and prosperity of IWT must be the focal point for future discussions on the institutional framework; stresses, in this connection, that it is important to take account of the existing competences of all relevant parties, to make use of the expertise of international organisations and to avoid additional bureaucracy;

34. Calls for intensified and enhanced cooperation between the River Commissions and the Community, to be laid down in a Memorandum of Understanding covering at least the following:

implementation of the NAIADES Action Programme;

better exchange of acquired knowledge and human resources in the field of IWT between the Community, the Member States and the River Commissions;

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

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P6_TA-PROV(2006)0462

Public-private partnerships

European Parliament resolution on public-private partnerships and Community law on public procurement and concessions (2006/2043(INI))


– having regard to the Commission Green Paper on public-private partnerships and Community law on public contracts and concessions (COM(2004)0327),

– having regard to the Treaty establishing the European Community, particularly Article 5(2) thereof on the principle of subsidiarity and Articles 43 to 49 thereof on freedom of establishment and freedom to provide services, and to the principles derived therefrom of transparency, equal treatment, proportionality and mutual recognition,

– having regard to the directives on public procurement currently in force,

– having regard to the Council of Europe’s European Charter of Local Self-Government of 15 October 1985,

– having regard to Article I-5 of the Treaty establishing a Constitution for Europe,


– having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Transport and Tourism and the Committee on Regional Development (A6-0363/2006),

A. whereas numerous public-private partnerships (PPPs) have been created in many Member States over the past decade,

B. whereas there is as yet no definition applicable throughout Europe, nor are there any specific provisions in current Community law, to cover all the different forms of PPP,

C. whereas a PPP can be described as a long-term, contractually regulated cooperation between public authorities and the private sector to carry out public assignments, in which the requisite resources are placed under joint management and project risks are apportioned appropriately on the basis of the risk management skills of the project partners,

D. whereas PPPs are often legally, financially and commercially complicated structures, bringing together private undertakings and public authorities for the purpose of jointly carrying out and managing infrastructure projects or providing public services,

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E. whereas in the main, local and municipal authorities have sought to enter into PPP projects; whereas, however, there is also a need for such projects at European level, not least to implement the trans-European transport networks,

F. whereas PPPs are not a first step towards the privatisation of public tasks,

G. whereas the purpose of PPP contracts is to enable public authorities to benefit from the design, construction and management skills of private enterprises and, if necessary, from their financial skills,

H. whereas cooperation between public authorities and industry can produce synergies and public benefits, enable public funds to be used more efficiently, serve as an alternative to privatisation in times of scarce budgetary funding and help public administrations to modernise by acquiring know-how from the private sector,

I. whereas PPPs come as a matter of principle within the scope of the Treaty’s internal market provisions, particularly the principles of transparency, equal treatment, proportionality and mutual recognition, as well as within the provisions of secondary Community law on public procurement,

J. whereas private investors must be provided with guarantees that the terms of a contract will not be altered during its lifetime,

K. whereas any legal regime for PPPs should respect the right of local and regional self-government, in so far as it is enshrined in the Member States' national laws,

L. whereas PPPs represent a possible way of organising the fulfilment of public sector tasks, and whereas the public sector must continue to be able to determine whether it fulfils a task itself or does so through its own undertakings or through third parties from the private sector,

M. whereas citizens' awareness of the impact of PPPs should be increased,

General comments

1. Welcomes the fact that the Commission produced the above mentioned Green Paper on public-private partnerships and Community law on public contracts and concessions, a report on the public consultation on the Green Paper and, finally, a communication on possible follow-up measures in the field of PPPs (COM(2005)0569);

2. Considers it premature to assess the effects of the public procurement directives and therefore is against a review of these directives; opposes the creation of a separate legal regime for PPPs but considers that there is a need for legislative initiatives in the areas of concessions, respecting the principles of the internal market and threshold values and providing simple rules for tendering procedures, and for clarification with regard to institutionalised public-private partnerships (IPPPs);

3. Calls on the Commission, in regulating future PPPs and in the current impact assessment of the legal provisions on concessions, to give serious consideration to regional self-

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government interests and to involve representatives of regional as well as local interests in drawing up future rules;

4. Favours transitional periods for existing contracts that have been concluded in good faith in accordance with national law, in order to avoid legal uncertainty;

5. Rejects every means of circumventing the law on public procurement and concessions;

6. Considers that as a matter of principle the law on public procurement should be applied whenever a private partner is to be selected;

7. Considers that the outsourcing of the provision of services of general interest requires the contracting authority to award the contract on the basis of public procurement procedures;

8. Is of the opinion that when tasks have been satisfactorily carried out with the assistance of private partners, restoring them to the municipal sphere of responsibility cannot constitute a sound alternative to PPPs which is consistent with competition principles;

9. Considers that municipalities and their subsidiaries should be permitted to be exempted from the competition principles only when they are carrying out their purely local tasks which bear no relation to the internal market;

10. Draws attention to the importance of transparency, respect for which must be evident whenever public funds are involved, and which should entail the right of elected representatives to inspect agreements and documents;

11. Recommends that the Member States create transparent mechanisms guaranteeing that private investors’ legal and financial interests are protected during the whole lifetime of a contract;

12. Takes the view that transparent rules on the award of public contracts serve to enhance effective competition and protection from corruption in the interests of citizens;

13. Emphasises that the expression 'conflict of interests' should be defined at EU level in the interests of establishing a fair and equitable sharing of risk;

14. Recommends that in the implementation of PPPs, there should be provision for binding requirements to account to citizens, so as to ensure safety, efficiency and quality standards;

15. Recommends that the Member States alleviate the task of the public sector by improving the training of decision-makers with the task of selecting private partners for PPPs;

16. Expects the Member States to make arrangements to ensure that the consequences for local authority employees are handled sensitively and in good time, and that fair agreements about the transfer of (public or private sector) employees and their employment conditions are promoted and respected, in line with Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses1;

1 OJ L 82, 22.3.2001, p. 16.

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17. Expects the provisions of Directive 2001/23/EC to be complied with by the public authorities in the Member States;

18. Opposes the establishment of a European agency for PPPs, but welcomes other ways of sharing experience concerning best and worst practices, such as the networking of national and regional authorities responsible for the management of PPPs;

19. Encourages the Commission and the European Investment Bank to gather together their expertise and disseminate it, especially in those Member States where the public authorities are not familiar with PPPs;

20. Emphasises that accumulated experience of PPPs helps to prevent the repetition of mistakes and of failed methods;

21. Opposes the creation of rules on the award of public procurement contracts beneath the threshold values at EU level, underlines the responsibility of the Member States to implement in an efficient way the Treaty principles of transparency, non-discrimination and the freedom to provide services in relation to public procurement contracts beneath the threshold values and confirms its position that the creation of public procurement rules at EU level is a prerogative of the Council and Parliament;

22. Calls on the Commission to ensure, by exercising Community-level control over state aid, that the granting of subsidies does not involve any discrimination between operators, whether private, public or a mixture of the two;

PPPs as public contracts

23. Shares the Commission’s view that in the award of public construction or service contracts, the selection and commissioning of the private partner should as a matter of principle be governed by the public procurement directives if that selection and the award of the contract are concurrent;

24. Takes the view that the public body must be able to choose between the open and the restricted procedure;

25. Takes the view that on grounds of transparency, the negotiated procedure should be confined to those exceptional cases which are provided for in the relevant provisions of the public procurement directives;

26. Favours, on the grounds of flexibility, awarding contracts by means of a competitive dialogue where a contract entails 'legal and financial complexity', and calls on the Commission to clarify the condition of 'legal and financial complexity' in such a way as to allow the maximum possible room for negotiation; takes the view that legal and financial complexity can be assumed to be present where typical PPP features such as a life-cycle concept and a long-term transfer of risk to private operators are present; takes the view that in a competitive dialogue procedure the risk of confidential information being published outside the procedure must be eliminated;

PPPs as concessions

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27. Takes note of the fact that after carrying out a detailed impact assessment the Commission would like to take legislative action; considers that if such legislation is proposed by the Commission, it should allow public authorities, through flexible, transparent and non-discriminatory procedures, to choose the best partner according to criteria which are defined in advance;

28. Expects any legislation clearly to define concessions as distinct from public contracts and to lay down objectively verifiable criteria for selection;

29. Takes the view that concessions should be of limited but variable duration, depending on the length of time taken for the amortisation of the private investment, so that competitors are not excluded from competition for an unnecessarily long time; takes the view that the duration of partnership relations should be established so that free competition is as a matter of principle restricted only to the extent needed to ensure the amortisation of the investment and an appropriate return on the capital employed and to refinance future investments;

30. Takes the view that the principle of transparency requires the factors on which the determination of the duration of the contract is based to be published in the tender documents, so that tenderers can take this into account when drawing up their tenders;

31. Considers that a comprehensive approach to procurement (the life-cycle concept) and competition between tenderers in terms of innovation result in efficiency gains if, when projects are carried out jointly, risk-sharing is optimised and there are functional specifications and a highly incentivising payment mechanism;

32. Asks the Commission to draw conclusions from experience gained of competitive dialogue in order to make recommendations as to an appropriate procurement procedure in the field of concessions, as the flexibility of competitive dialogues is as a rule suited to the complexity of concessions, without jeopardising respect for the principles of transparency, equal treatment and proportionality;

33. Supports the Commission in its efforts to ascertain whether standard procurement rules should be created for all PPPs on a contractual basis, irrespective of whether the PPPs concerned qualify as a public contract or a concession;

IPPPs and ‘in-house relations’

34. Supports the Commission’s efforts to take action in the field of IPPPs in view of the clear signs of existing legal uncertainty;

35. Acknowledges the fact that practitioners want clarity about the application of procurement law to the creation of public-private undertakings in connection with the award of a contract or concession, and calls on the Commission to provide the relevant clarifications at the earliest opportunity;

36. Does not believe that ‘in-house relations’ without award procedures should be further extended in scope as this would dispense certain sectors from the need to comply with internal market and competition rules;

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37. Considers it necessary, in view of the transparency requirement and the ban on discrimination, for procurement law to be applied when an IPPP is set up and in the event of a transfer of a share to a private partner in connection with an IPPP, in so far as the act of setting it up or the transfer is related in time and substance to the assignment of a public contract;

38. Understands, in view of the proliferating case-law, the widespread legal uncertainty that has grown up as to the application of in-house criteria and therefore calls on the Commission to devise criteria, based on the current case-law of the Court of Justice, that establish a stable frame of reference for public authority decision-making, and to consider the possibility of incorporating these criteria into Community legislation;

39. Considers that a threshold value, however defined, for the minimum stake of a public contracting authority in an undertaking whose capital is held jointly with private partners would result in certain permanent protected stakes and that any limit put forward for discussion consequently poses problems;

40. Takes the view that, if the first invitation to tender for the establishment of a public-private undertaking has been precise and comprehensive, a further tendering procedure is unnecessary;

41. Calls for a more precise definition of the concept of ‘similar control’, which the organising public authority exercises over the service provider, particularly in cases where public-private undertakings provide, on behalf of the organising public authority and in connection with the performance of its tasks, services that are mainly funded or underwritten by the organising public authority;

Cooperation between public authorities

42. Welcomes as a general principle, in the interests of local self-government and efficient administration, some form of cooperation at local authority level, not least to bring about synergies, as long as this does not enable abuse leading to market closure;

43. Considers it necessary that the Commission clarify the legal uncertainty regarding cooperation between public authorities which has arisen as a result of the jurisprudence of the Court of Justice;

44. Shares the view of the Court of Justice expressed in its judgment in Case C-84/03 Commission v Spain1 that cooperation agreements between public authorities cannot be exempted from procurement law across the board by means of the use of a legal form under national law; takes the view that there is a need for demarcation between measures which are purely administrative and/or organisational in nature and procurement contracts between administrative authorities;

45. Considers that cases of cooperation between public authorities are not relevant with regard to procurement law if:

- the cooperation is between local authorities,

1 [2005] ECR I-139.

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- the tasks, the performance of which was assigned to these local authorities, are to be considered a matter of administrative reorganisation or if the supervisory powers of the local authorities concerned are similar to those which they exercise with regard to their own departments, and

- the activities are essentially performed for the local authorities concerned;

46. Rejects the application of procurement law in cases where public authorities plan to carry out tasks within their territory in conjunction with other public authorities as a measure of administrative reorganisation, without offering the provision of the services concerned to third parties on the open market;

47. Considers that the delegation of responsibilities for public sector tasks from one public authority to another does not come within the scope of Community procurement law;

48. Considers, however, that procurement law always needs to be applied when public authorities offer services on the market as private undertakings in the context of cooperation between such public authorities or arrange for public tasks to be carried out by private undertakings or other public authorities outside the scope of this cooperation;

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

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P6_TA-PROV(2006)0463

Posting of workers

European Parliament resolution on the application of Directive 96/71/EC on the posting of workers (2006/2038(INI))


– having regard to Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services1 (the Posting of Workers Directive),

– having regard to the Commission communication on the implementation of Directive 96/71/EC in the Member States (COM(2003)0458),

– having regard to the Commission communication entitled, Guidance on the posting of workers within the framework of the provision of services (COM(2006)0159) (Guidance),

– having regard to the Commission's services report on the implementation of Directive 96/71/EC (SEC(2006)0439) (Services Report),

– having regard to its resolution of 15 January 2004 on the implementation of Directive 96/71/EC in the Member States2,

– having regard to Articles 27 and 34 of the Charter of Fundamental Rights of the European Union,

– having regard to the Migrant Workers (Supplementary Provisions) Convention C143 of the International Labour Organization,

– having regard to Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties3,

– having regard to the judgments of the Court of Justice of the European Communities of 9 August 1994 in Case C-43/93, Vander Elst4, of 23 November 1999 Joined cases C-369/96 and 376/96, Arblade5, of 25 October 2001 in Joined cases C-49/98, C-50/98, C-52/98, C-54/98, C-68/98 and C-71/98, Finalarte6, of 7 February 2002 in Case C-279/00, Commission v Italy7, of 12 October 2004 in Case-C-60/03, Wolff & Müller GmbH8, of

1 OJ L 18, 21.1.1997, p. 1.2 OJ C 92 E, 16.4.2004, p. 404.3 OJ L 76, 22.3.2005, p. 16.4 [1994] ECR I-3803.5 [1999] ECR I-8453.6 [2001] ECR I-7831.7 [2002] ECR I-1425.8 [2004] ECR I-9553.

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21 October 2004 in Case C-445/03, Commission v Luxembourg1, and of 19 January 2006 in Case C-244/04, Commission v Germany2,

– having regard to Council Directive 91/533/EC on an employer's obligation to inform the employees of the conditions applicable to the contract or employment relationship3,


– having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on the Internal Market and Consumer Protection (A6-0308/2006),

A. whereas the Posting of Workers Directive has two important objectives, which are to guarantee the free movement of persons and services whilst ensuring that posted employees are subject to the terms and conditions related to minimum rates of pay, working conditions and health and safety of the host Member State, pursuant to Article 3 of the Posting of Workers Directive; whereas this is an important tool for ensuring fair treatment,

B. whereas the terms and conditions set out in Article 3 of the Posting of Workers Directive should be regarded as minimum standards only; whereas Article 3(7) of the Posting of Workers Directive provides that the conditions set out in paragraphs 1 to 6 of Article 3 do not prevent the application of terms and conditions of employment which are more favourable to workers,

C. whereas under Article 2(2) of the Posting of Workers Directive, it is incumbent on the host country to define what constitutes a worker; whereas the above-mentioned Commission's Services Report confirms that the de facto labour situation in the host country is the decisive criterion in this connection,

D. recalling that in its position of 16 February 2006, Parliament deleted Articles 24 and 25 from the proposed directive on services in the single market4,

E. whereas in the Wolff & Müller case, the Court of Justice held that the host country’s measures to prevent unfair competition, which guarantee that posted employees benefit from the minimum standards set out in Article 3 of the Posting of Workers Directive, are justified, and that such targeted protection measures constitute a justified restriction on the freedom to provide services,

F. whereas in Wolff & Müller the Court of Justice held that there is not necessarily a contradiction between the freedom to provide services and the upholding of fair competition on the one hand and ensuring workers' protection on the other,

G. whereas the equal treatment principle in the Posting of Workers Directive cuts both ways, guaranteeing, on the one hand, the equal treatment of undertakings in the context of the freedom to provide services, and, on the other, under Article 3, the equal treatment of

1 [2004] ECR I-101912 [2006] ECR I-885.3 OJ L 288, 18.10.1991, p. 32.4 Texts Adopted, P6_TA(2006)0061.

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posted employees under the locally applicable minimum terms and conditions of employment,

H. whereas the Commission's Guidance calls for measures to prevent the minimum protection standards and rights from being circumvented to the disadvantage of the posted workers,

I. whereas the very small number of complaints received by the Commission relating to the implementation of the Posting of Workers Directive and the limited number of infringement procedures brought by the Commission highlight the fact that people are unaware of their rights under the directive and that it is therefore failing to achieve its aims,

J. whereas the parties to collective wage agreements may have a major role to play in the successful implementation of the Posting of Workers Directive, and whereas boosting the role of the social partners and greater cross-border cooperation would accordingly represent a decisive step towards achieving the desired equality; whereas, however, in many countries the majority of workers are not members of trade unions and it is often this group of non-affiliated workers that receives the least information about its rights and obligations,

K. whereas it would be appropriate for the social partners in those Member States where the directive is implemented through collective agreements to gain direct access to information about the posting companies so that they can exercise the supervision which in other Member States is subject to authorities that have such access to company information,

L. whereas, in cases where bilateral or trilateral agreements between or among Member States, and between or among the parties to collective agreements, accord mutual recognition to national industrial safety standards and working conditions, the circumvention of national standards has successfully been prevented, and whereas this situation has also been improved thanks to cooperation between liaison offices and the exchange of information between trade unions,

M. whereas the Posted Workers Directive is still needed to provide legal certainty for posted workers and the businesses concerned, and whereas the Commission needs to take an active position to make cooperation between the Member States, their liaison offices and employment inspectorates more effective and efficient, particularly to counteract unfair competition and social dumping,

N. whereas the EU-15 Member States undertook, in a preferential clause in the Accession Treaty, not to treat the nationals of the ten new Member States less favourably, as regards free movement, than third-country nationals; whereas this is only possible if the residence of the third-country nationals is known to the relevant authorities; whereas host Member States may not impose additional conditions on posted workers from third countries if they have been lawfully employed by a service provider established in a Member State,

1. Notes that the Commission, in its Guidance, recognises both the social objective of the Posting of Workers Directive and the full responsibility of the host country to put that objective into practice by guaranteeing the protection and rights of all employees temporarily posted abroad; notes that the Commission calls on Member States to assume

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this responsibility while guaranteeing the company rights under Article 49 of the EC Treaty to provide cross-border services;

2. Points out that the difficulties raised by the application of the Posting of Workers Directive are related partly to the fact that it has not been transposed by all the Member States, and calls on the Commission to keep Parliament informed of the progress of infringement proceedings against defaulting Member States; and also draws attention to the difficulties of implementing the Posting of Workers Directive as a result of differences of interpretation of certain key concepts, such as worker, minimum salary, and subcontracting, the difficulty of both workers and small businesses in obtaining information, and the difficulty of monitoring compliance with the directive;

3. Notes that the Commission's Guidance strives towards the better implementation of the Posting of Workers Directive with the aim of reducing the existing barriers in the Members States, which severely obstruct the effective posting of workers; notes however, that the Commission's legal interpretation in some cases goes beyond that established by the case law of Court of Justice; notes that the Commission, in the conclusions of its Guidance, recognises the need for inspection measures to be more clearly defined and access to information to be improved; expects appropriate mandatory remedies for the enforcement of the directive to be adopted, however;

4. Calls on the Commission to submit a proposal for a directive on the conditions required for the crews of vessels providing regular passenger and freight ferry services between Member States;

5. Notes that one of the key practical difficulties in the successful implementation of the Posting of Workers Directive is the issue of double posting and that better coordination between Member States and enhanced notification procedures are required to counter this;

6. Notes the observation in the Commission's Guidance that the Posting of Workers Directive is not enforced in practice in some Member States, and calls on the Commission to take appropriate measures in this connection;

Employment relationships and the definition of “employee”

7. Supports the analysis in the Commission's Guidance that the Posting of Workers Directive is not the appropriate context within which to address concerns with regard to the legal situation of self-employed workers; concludes from reports based on actual practice that sham self-employment is a strategy commonly used to circumvent the minimum standards of Article 3(1) of the Posting of Workers Directive;

8. Calls on the Member States, with reference to the Perulli study on Economically dependent/quasi-subordinate (parasubordinate employment: legal, social and economic aspects), to adjust their definitions of “employees” so that a clear distinction can be made between the status of "entrepreneurs", comprising economically independent businesses working for several mutually independent undertakings on the one hand, and "employees", working in an organisationally and economically dependent manner under supervision and for remuneration on the other;

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9. Notes that the Court of Justice has, on several occasions, formulated detailed criteria that enable a distinction to be drawn between "workers" and "self-employed persons"; considers that, taking account of the Member States’ competence for determining status with regard to employment law, the Commission should ensure that a distinction be drawn in compliance with the guidelines laid down by the Court of Justice; calls on the Commission to initiate negotiations with the Member States as a matter of urgency, with the aim of establishing transparent and consistent criteria for determining the status of "workers" and "self-employed persons" in employment law;

10. Points out that proving that a sham self-employed person is a de facto employee is at present a difficult and lengthy process and that the posted worker may have completed the job and returned home by the time the necessary evidence has been established;

11. Calls for exchanges to be encouraged between Member States' employment inspection services to enable a joint campaign against sham self-employment, particularly by exchanging information;

12. Notes that existing case law recognises the right of the host Member State to require the documents needed to verify compliance with the employment conditions laid down in the Posting of Workers Directive; takes the view that these requests for documents should not be confined merely to time sheets or documents concerning health and safety conditions at the workplace, provided that the requests are proportionate; points out that the Member State in which a company normally operates (the sending state) is required to provide the host state with form E101, proving that the posted worker is affiliated to the sending state’s social security system;

13. Notes that differences in employment conditions may arise in Member States that have not introduced provisions under Article 3(9) of the Directive to ensure that posted temporary agency workers benefit from the conditions that apply to temporary workers in the Member State where the work is carried out; calls on the Member States concerned to take measures to end such discrimination;

Securing terms and conditions of work pursuant to Article 3 of the Posting of Workers Directive

14. Repeats that the Posting of Workers Directive lays down the minimum essential rules for the protection of workers and employment applicable to posted workers on their territory and does not prevent the Member States from imposing other labour and employment conditions laid down in collective agreements declared to be of general application, nor from imposing other labour and employment conditions where these constitute provisions of public policy (ordre public); opposes a restrictive interpretation of the concept of "provisions for public policy" by the Commission, in particular by enacting as a regulation the provisions of the Convention on the law applicable to contractual obligations of 19 June 1980 (COM(2005)0650)+delete footnote;

15. Notes that in many Member States, trade unions have a role as partners in collective negotiations, and that the Commission has stated in proceedings before the Court of Justice1 that the specific form of some Nordic collective negotiations is in accordance with the EC Treaty and with the Posting of Workers Directive;

1 Case C-341/05, Laval, proceedings pending.

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16. Considers that, in order to ensure the proper application of the Posting of Workers Directive, the availability of a person who could act as a representative of the posting company is necessary so as to enable the rules and conditions of the Posting of Workers Directive to be implemented;

17. Notes that, in the absence of special collective agreements as defined in Article 3(8) of the Posting of Workers Directive, national legislation regarding workplace and employment conditions, including statutory minimum wage provisions, shall apply;

18. Notes that all measures that inform workers about their rights, including the wages to which they are entitled, contribute to the successful implementation of the Posting of Workers Directive; considers that information on and awareness of the rights and entitlements that the directive confers must be urgently improved for all parties concerned; invites the Commission actively to support these measures; welcomes, therefore, the Commission's initiative of a website dedicated to the posting of workers, which contains direct links to relevant national legislation; points out that the information should be provided in appropriate languages;

19. Believes that the effective implementation of the Posting of Workers Directive will not be achieved by a huge bureaucracy but, on the contrary, by increased information and simple procedures that enable people to become aware of their rights; calls, therefore, on the European Foundation for the Improvement of Living and Working Conditions (EUROFOUND) in Dublin to develop guidelines on best practice in the preparation of information for employees and employers;

20. Underlines the importance of retaining the right for the host Member States to determine the minimum wage pursuant to Art 3(1) of the Posting of Workers Directive but calls on those Member States that set minimum wage rates by collective agreement, to facilitate access to information on the levels of minimum wage by undertakings that intend to seek establishment in another Member State;

21. Deplores the lack of cooperation between the various authorities, both at European and national level, with the sectoral social partners who play a very important role and expects the Commission to stimulate cooperation between the national liaison offices and the sectoral social partners concerned; considers that at European level there is an urgent need for cooperation between Commission departments, including the group of experts and the sectoral social partners, on the question of content;

22. Calls for effective measures to protect workers who report breaches of rights in their place of work;

23. Notes that participation in holiday pay funds under general collective agreements constitutes additional protection for posted workers in some Member States and that direct payment to workers is proportionate in accordance with the Court of Justice's judgment in Finalarte: in other words, posting undertakings may be required to pay contributions into holiday pay funds, which must also be opened to posted workers so that they, too, benefit therefrom; considers it necessary for posted workers to be given comprehensive information about the rules of such holiday pay funds;

24. Notes the development of information tools with explanations of conditions applying to posted workers by the social partners in certain sectors; calls on Member States to

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promote the gathering of such information in other areas of economic activity in a bid to facilitate access to this vital information by workers and employees alike and improve compliance with the Posting of Workers Directive;

25. Highlights the fact that country fact sheets, which will enrich the content of the Commission's Guidance, are currently being produced by experts; recommends that the Commission's Guidance take such contributions fully into account to bridge the information gap;

26. Notes that public authorities have a clear responsibility and must make a significant contribution towards stemming unfair competition by awarding contracts only to those firms that comply with all the provisions applicable in the host country in respect of Article 3 of the Posting of Workers Directive; refers in this connection to Article 55 of the Public Procurement Directive1, under the terms of which contracting entities may demand details relating to employment protection and working conditions if tenders appear to be abnormally low in relation to the goods, works or services;

27. Considers that companies that post workers and general undertakings, if contracts are awarded to posted sub-undertakings, should be regarded as jointly responsible for the posted workers’ living conditions in the host country, to ensure that they are decent conditions;

28. Refers to the Wolff & Müller case, in which the Court of Justice held that a legal system of general liability of contractors contributes to ensuring the protection of workers and is therefore an overriding reason in the general interest; calls on those Member States that do not yet possess any such national legislation to close this loophole without delay; calls on the Commission to regulate joint and several liability for general or principal undertakings, in order to deal with abuses in the subcontracting and outsourcing of cross-border workers and to set up a transparent and competitive internal market for all companies;

Guaranteeing effective supervision

29. Notes that under existing case law the national authorities may take appropriate measures to ensure that compliance with minimum requirements of Article 3 of the Posting of Workers Directive is monitored; supports the Commission conclusion to the effect that the host Member State should be able to require a prior declaration by the service provider to enable it to verify compliance with the employment conditions;

30. Considers that joint action to supervise compliance with the rules has significant administrative advantages over bilateral contacts between Member States; calls, therefore, on the Commission to coordinate action by Member States to supervise compliance with the directive by host country undertakings;

31. Notes that measures pursuant to Article 5 of the Posting of Workers Directive are effective only if penalties can be enforced; notes that, in order for this to happen, it must be possible for fines to be served on a representative of the undertaking recognised as such under national law, since in accordance with the principle of the mutual recognition

1 Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004, p. 114).

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of penalties, procedures for the collection of fines can only be pursued if a prosecution has been duly initiated in the host country;

32. Notes the comment by the Commission concerning the ineffectiveness of the national liaison offices; notes also that the objective to make the national liaison offices operational is one of the most basic priorities of the Commission and the Member States and that the functioning of the national liaison offices is a responsibility shared between the Commission and the Member States;

33. Strongly supports the Commission's call on the Member States to provide the liaison offices and the inspection authorities with the equipment and resources needed to enable them to respond effectively to requests for information and cooperation; calls on the Member States to set up proper cross-border cooperation between inspection authorities; requests the Commission actively to support close cooperation between Member States by improving the information available on its website and an obligatory contact point for posted workers with the host country’s social partners and by subsequently creating a permanent European structure for cross border cooperation;

34. Notes that the Commission will adopt, within 12 months of the adoption of its Guidance, a report that will describe the situation in all Member States with regard to all aspects mentioned in the Guidance, in order to evaluate progress made on these issues; insists that this report should also cover the efforts made to resolve the legal issues referred to in the Commission's Services Report ; requests that the Parliament be properly consulted on this report in order to decide whether a revision of the Directive is necessary;

35. Calls on the Commission to submit biennially to the Parliament and the Council concrete data on the transposition of the Posting of Workers Directive at national level, focussing on instances of infringements of the directive;

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

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P6_TA-PROV(2006)0464

European Central Bank Annual Report 2005

European Parliament resolution on the 2005 Annual Report of the European Central Bank (2006/2206(INI))


– having regard to the 2005 Annual Report of the European Central Bank,

– having regard to Article 113 of the EC Treaty,

– having regard to Article 15 of the Statute of the European System of Central Banks and of the European Central Bank,

– having regard to its resolution of 2 April 1998 on democratic accountability in the third stage of Economic and Monetary Union1,

– having regard to its vote of 5 July 2005 rejecting the motion for a resolution on the 2004 Annual Report of the European Central Bank2,

– having regard to its resolution of 4 April 2006 on the situation of the European economy: preparatory report on the broad economic policy guidelines for 20063,

– having regard to its resolution of 17 May 2006 on public finances in the economic and monetary union (EMU)4,

– having regard to the Commission communication of 12 July 2006 on the annual statement on the euro area (COM(2006)0392),

– having regard to its position of 13 March 2003 on the recommendation of the European Central Bank for a proposal for a Council decision on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank5,

– having regard to its resolution of 14 March 2006 on the strategic review of the International Monetary Fund6 (IMF),

– having regard to the European Central Bank’s reports on financial stability and on financial integration in the euro zone,

– having regard to the letter of 5 May 2006 from the chairwoman of its Committee on Economic and Monetary Affairs to the President-in-Office of the Ecofin Council

1 OJ C 138, 4.5.1998, p. 177.2 OJ C 157 E, 6.7.2006, p. 19.3 Texts Adopted, P6_TA (2006)0124.4 Texts Adopted, P6_TA (2006)0214.5 OJ C 61 E, 10.3.2004, p. 374.6 Texts Adopted, 14.3.2006, P6_TA(2006)0076.

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concerning the procedure for appointing the European Central Bank's Executive Board,

– having regard to the Eurosystem economic forecasts issued in June 2006,

– having regard to Rules 106 and 112(1) of its Rules of Procedure,

– having regard to the report of the Committee on Economic and Monetary Affairs (A6-0349/2006),

A. acknowledging the full independence of the European Central Bank (ECB) and the European System of Central Banks (ESCB),

B. whereas the main objective of the ECB and of the ESCB is to maintain price stability while supporting the general economic policies of the Community, as defined in Article 2 of the EC Treaty; whereas Article 105 of the EC Treaty states that monetary policy should contribute 'without prejudice to the objective of price stability' to the achievement of the Community objectives,

C. whereas the gross domestic product (GDP) of the euro zone increased by 1,4% in 2005, below the 2004 figure of 1,8%, whilst the inflation rate in the euro zone was 2,2%, close to the 2004 figure of 2,1%,

D. whereas Member States were unable to benefit equally from strong worldwide growth in 2005; whereas, among other reasons, this can be attributed to rising oil prices and unfavourable movements in exchange rates, which left the euro at more than USD 1,17 in December 2005 (compared with its December 2004 peak of USD 1,36), whereas growth forecasts point to a degree of economic recovery, with projections by the Commission indicating growth of 2,5% for 2006 and between 1,3% and 2,3% for 2007, together with inflation at slightly more than 2%,

E. whereas the Governing Council of the ECB, after keeping key interest rates constant for two-and-a-half years at 2%, increased them by 25 basis points successively on 1 December 2005, 2 March, 8 June, 3 August 2006 and 5 October, and whereas interest rates remain at low levels in both nominal and real terms,

F. whereas there are many existing nominees for appointments to senior positions at the IMF, the WTO and the OECD, quite apart from those at the World Bank, with no adverse implications for the candidates' career prospects,

G. whereas in recent months, several third-country central banks have announced their intention to increase the proportion of their foreign exchange reserves held in euros,

H. whereas worldwide imbalances increased in 2005, mainly as a result of the increase in the US balance of payments deficit, which reached 6,4% of GDP,

I. whereas the ECB's annual accounts for 2005 show a net profit of zero, which is accounted for by full provisioning of the results achieved,

J. whereas the ECB plays a key role in the proper functioning of the European exchange rate mechanism (ERM II) and in the fight against inflation,

K. whereas Parliament is keen to help strengthen the role and international authority of the

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ECB on the international scene,

Economic and monetary developments

1. Emphasises that against the background of economic recovery , with an annual growth in real GDP of 2,5% and a contribution of domestic demand of 2,1% in the second quarter of 2006, recent economic growth is supported by national reforms and investment programmes in the labour, financial and product markets; considers that any raising of interest rates should be undertaken with caution in order not to endanger economic growth; draws attention to the risks linked to the increase in the euro exchange rate and the oil price, factors which contributed to the weak level of growth in 2005; praises the ECB's policy of concentrating on its most important objective, preserving price stability; considers, accordingly, that the ECB responded correctly to economic and financial developments in 2005 by raising its interest rate after peaks in inflation to 2.6% in September 2005;

2. Stresses that the ECB must, however, be aware of the risks, from the point of view of growth, of continuous interest rate rises in the context of the recent economic recovery; points out that, in order to support the economic recovery, Member States must implement the necessary structural reforms and investment activities; considers that interest rate policy is influenced by the progress made with improving public-sector finances in the Member States;

3. Notes that over the period 2003 to 2005, interest rates of 2% were historically low in order to support the economic recovery; calls on the ECB to continue to comply with its duty by its policy of ensuring a solid anchoring of medium to long-term inflation expectations at levels consistent with price stability; stresses that the ECB should continue to keep a close eye on oil prices, property prices and continuing surplus liquidity;

4. Notes that it is essential for the consolidation embarked on by the Member States to continue, so as to provide the foundations for long-term growth, although at the same time investment in a society capable of facing the future must not be neglected; the IMF's current World Economic Outlook supports this diagnosis; further progress towards reform in the Member States of the euro zone remains a decisive factor in strengthening the foundations for long-term growth;

5. Notes that, at the end of 2001 and at the beginning of 2003, there were signs of economic recovery similar to those that can currently be observed, but that these did not produce sustained growth; notes that the Commission's estimates and those of the Eurosystem point to a slight recovery in 2006, followed by a slowdown in 2007; takes the view that any increase in the potential for growth in the euro zone depends on structural reforms as well as carefully implemented investment activities in the Member States; recognises that competition in EU markets and high-quality employment are driving forces for economic growth and that its impact on efficiency gains and innovation should not be hindered; notes the recent economic recovery in 2006 and stresses that Member States should reap further benefits from this positive situation by more seriously consolidating their budgets;

6. Takes the view that an increase in the potential for growth in the euro zone is contingent on the continued consistent implementation of the reform agenda; at all events this must include future-proofing social security systems with a view to demographic changes;

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against this backdrop, European macroeconomic dialogues to develop benchmarks for the national reform agendas and a well-balanced macro-economic policy remain an important factor; in this context it is important for the ECB to preserve its independence;

7. Considers that the divergences within the euro zone, where there are disparities in growth (up to 4,5% in 2005) and in inflation rates (up to 2,7% in 2005) constitute a major threat to the EMU in the long term;

8. Notes that there is an increasing risk of property prices being adjusted to reflect the rapid and unsustainable price rises in recent years; wishes to see a clarification of the ECB's policy with regard to changes in asset prices, including property prices; considers that, in the long term, a clearer position would help to avoid speculative bubbles developing;

9. Welcomes the accession of Cyprus, Latvia and Malta to ERM II on 29 April 2005 and that of Slovakia on 25 November 2005; supports the introduction of the euro by all the Member States; considers that due attention should be paid to the accuracy and credibility of Member States' statistics in connection with compliance with the convergence criteria; calls on the other Member States to take measures without delay to likewise comply with the criteria set for accession to the euro zone;

10. Notes that there are differences in the transmission mechanism of the monetary policy among the Member States of the euro zone with some countries, in particular, being more reactive on account of a predominance of indebtedness at variable rates; calls on the ECB and the Commission to submit a clear analysis of these differences and of improvements which might be made in order to facilitate the transmission of the monetary policy; the chances of an awakening in Europe can be increased only if the guiding principle of 'unity in diversity' is accepted both socially and economically;

11. Emphasises the risks inherent in rapid adjustments to international disequilibria, which may lead to a rise in the euro exchange rate vis-à-vis the dollar; invites the Eurogroup, the Council and the ECB to step up coordination of their action in the sphere of exchange rate policy;

12. Notes that the ECB is in favour of strengthening the preventive arm of the stability and growth pact (SGP), but has also repeatedly taken a critical position in relation to a possible relaxation of the corrective arm of the SGP, a position which is consistent with that of all other central banks in the euro zone, some of which have expressed strong criticism in this context;

Monetary policy

13. Takes the view that more clarity and consistency are needed in the monetary policy applied by the ECB, in particular in defining the relative importance of and the relationship between the two main policy pillars, i.e. the money supply (M3) and all other relevant information on future inflation developments; believes that clear and transparent rules on how these two pillars affect the operational decisions on monetary policy would make the ECB's policies more predictable and effective;

14. Calls on the ECB to take action with regard to the persistently high values of the M3 money supply (8,8% in May 2006, as against 7,4% in December 2005) by comparison with the long-term reference value of 4,5%; points, in particular, to the substantial growth

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in notes and cash in circulation and in call money deposits, is concerned that such expansion will be unsustainable in the long term; asks the ECB to investigate closely developments in the mortgage market and merger and acquisition loans, and their possible effects in terms of systemic risk, consumer confidence and interest rate development;

Financial stability and integration

15. Welcomes the publication of the ECB's first report on financial integration in the euro zone, since this is vital both for putting across information concerning monetary policy and for financial stability; notes that, according to the ECB, financial integration calls for the integration of market infrastructures, in particular settlement-delivery systems; notes the intention of the ECB to create a settlement infrastructure; notes that, until such time as an infrastructure may have been introduced, an ECB governance must be put in place;

16. Condemns the fact that the ECB made contact with the Committee of European Securities Regulators concerning level 2 measures even before the legislator became active;

17. Shares the fears expressed by the ECB regarding hedge funds and calls on the ECB to carry out further analyses in this area;

18. Invites the Commission to pay closer attention to the impact of the behaviour of the financial markets on the macroeconomic situation of the euro zone;

19. Notes the threats to financial market stability generated by cross-border mergers; therefore calls on the ECB to carry out an analysis, focusing in particular on the question of the lender of last resort, and to present corresponding analyses in the 2007 monetary dialogue;

20. Looks forward to the implementation of an integrated TARGET II system, which will improve liquidity management across the ESCB and will generate considerable efficiency gains; urges the ESCB to draw up a comprehensive, transparent and robust legal framework for the future operation of TARGET II;

21. Regrets the fact that the ECB, like the Council, has not seen fit to inform Parliament of the Memorandum of Understanding on the management of financial crises;

External role of the euro

22. Repeats its request for moves to unify the representation of the euro zone within international financial institutions so as to defend its interests with a force consistent with its economic weight;

23. Notes with interest that several central banks have announced that they intend to increase the proportion of their euro reserves; calls on the ECB to monitor these movements closely and, as part of its annual report on the international role of the euro, to present a quantification thereof and to analyse their consequences, in particular with regard to exchange rates;

Banknotes

24. Notes that the value of the euro banknotes in circulation has continued to increase quickly, with a rise of 12,8% in 2005; notes that this steady increase is mainly accounted

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for by large denomination notes, in particular EUR 500 banknotes, the number of which in circulation has increased by 20,9%; calls on the ECB to examine the reasons for this substantial increase, and to analyse the type of transactions carried out with these notes and the breakdown in demand by country, with a view to identifying the attendant risks;

25. Considers that the first generation of banknotes, which are devoid of all representations of real living beings, landscapes or monuments, helps to convey a cold image of monetary integration, and contributes to Europeans distancing themselves from the euro; invites the ECB to introduce living beings, landscapes, European human undertakings or European personalities on which there is a consensus into the second generation of notes; invites the ECB to present its ideas on this issue to Parliament;

Democratic scrutiny

26. Welcomes the ECB’s clear commitment to the ratification of the draft Constitution, which lists the essential elements for the policy framework for EMU under both the monetary pillar and the economic and fiscal pillar; stresses that the ratification process has no bearing on the functioning of the monetary union and does not affect the stability of the euro; calls on the ECB to continue to ensure the credibility of the euro and to deliver price stability, which is a prerequisite for a non-inflationary macroeconomic environment conducive to economic growth and employment creation;

27. Considers that the independence of the ECB, including the procedure for appointing the members of the Executive Board, has proved its worth; stresses that Article 112(2)(b) of the EC Treaty provides for the members of the Executive Board of the ECB to be appointed from among persons of recognised standing and professional experience in monetary or banking matters, and emphasises that their nationality should be irrelevant and that they will continue to be judged by the strict criteria of the Treaty, such as that of their qualifications; considers that ex-ante democratic accountability and transparency would improve if the Council evaluated several potential candidates and if the candidate proposed by the Council were then subject to a vote of approval by the Parliament;

28. Calls on the Council to continue with the procedure for appointing the members of the Executive Board; stresses its willingness to join the other institutions in exploring possible improvements before the Executive Board next comes up for renewal in 2010;

29. Considers that the monetary policy dialogue between Parliament and the ECB has been a success, and one which should be built on further; emphasises that the ex-post accountability of the ECB is of primordial importance for confidence, and hence stability, on the financial markets; it is important for the unity of the Executive Board and the Governing Council to continue to be assured in their public presentation; supports a targeted information policy on the part of the ECB vis-à-vis the Parliament, the Council and the Commission; stresses very strongly that the call for improvements in the ECB's communication policy must be seen solely against the backdrop of the simultaneous preservation of the independence of the ECB and of its bodies; reiterates, however, its call for the annual publication not only of an overview broken down by country, but also of a regional and cross-border overview about relevant trends, along the lines of the US Federal Reserve Beige Book, which would give the ECB the opportunity to influence the debate about productivity trends and the outlook for prices and pay; urges the ECB to examine the possibility of publishing summary minutes;

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30. Emphasises that the credibility of the ECB is also dependent on a high degree of transparency in its decision-making processes; reiterates its call, that, shortly after meetings of the Governing Council of the ECB, summary minutes of these meetings will be published containing a clear statement of the arguments in favour and against the decisions taken, the reasons why these decisions were taken and whether or not these decisions were taken unanimously; insists that this form of communication should not replace the information given by the President of the ECB immediately after monetary decisions are taken, which provide an invaluable and timely insight for observers and market participants; considers this transparency to be important because in this way the market will be able to gain a clearer picture of the ECB's monetary policy;

31. Points out that it rejected as too complex the system of rotating voting rights applicable to decisions of the Governing Council as adopted in 2003; considers, with a view to future enlargements of the euro zone, that a system should be introduced which combines fairness and effectiveness; recalls its resolution calling for an ECB board of nine members, which would be in charge of monetary policy, thus replacing the cumbersome system existing now and avoiding the even more complex solution decided upon for the future; urges that the Treaty be changed accordingly;

32. Invites the ECB to give greater weight in its communication strategy to hearings of its President by the Parliament committee responsible for economic and monetary affairs;

Management of the ECB

33. Notes that the ECB’s staff complement has increased steadily and substantially since 1999, an increase of 86% over that period; notes that the ECB reports a temporary freeze on its staff complement over several months in 2005, but that it nonetheless continued to increase by 3,5% that year; notes that the ECB has emphasised its determination to increase its internal effectiveness; regards that objective as laudable, and hopes that it can be achieved on a sustainable basis, in particular by means of a long-term stabilisation in staff numbers;

34. Stresses the importance that the ECB and the national central banks must accord to the quality of dialogue, transparency of information and recognition of the existence of trade unions at meetings of the staff committee;

35. Considers that involving the staff and their trade unions in the decisions that concern them, and high-level social dialogue, will contribute to the emergence of a common culture within the Eurosystem and the ESCB;

36. Notes that the ECB’s entire 2005 surplus of EUR 992 million has been set aside as a provision to cover exchange rate risk, interest rate risk and the risk of fluctuations in the price of gold, resulting in a net profit of zero; notes that the level of this provision will be reviewed annually; notes, at the same time, that the cost of constructing the ECB’s new headquarters is put at EUR 850 million; calls on the ECB to clarify its targets regarding the level of own funds and provisions, and also to implement a budgetary policy which, while ensuring appropriate cover for the risks to which it is exposed, enables it to achieve satisfactory financial results;

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37. Instructs its President to forward this resolution to the President of the Eurogroup, the Council, the Commission and the European Central Bank.

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P6_TA-PROV(2006)0465

Tibet

European Parliament resolution on Tibet


– having regard to its previous resolutions on Tibet and the human rights situation in China,

– having regard to its resolution of 7 September 2006 on EU-China relations1,

– having regard to the lack of progress in the EU-China human rights dialogue,

– having regard to the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Havana, Cuba between 27 August and 7 September 1990,

– having regard to the UN's International Covenant on Civil and Political Rights,

– having regard to the UN's Convention on the Rights of the Child,


A. whereas on 30 September 2006 more than 70 Tibetans were attempting to cross the glaciated Nangpa Pass in the Himalayan region of Tibet, approximately two hours’ walk from the Nepalese border, in order to seek refugee status in Nepal,

B. whereas against the rule of international law the Chinese People’s Armed Police Force (PAP) fired upon those unarmed Tibetan civilians, who included women and children; whereas video and photographic evidence of the incident shows that the Tibetan group was moving slowly away from the Chinese forces firing upon them, did not approach the Chinese forces and did not represent a threat to the Chinese forces,

C. whereas Kelsang Namtso, a seventeen-year-old nun, was killed during the shooting by the Chinese PAP; whereas there are unconfirmed eyewitness accounts of more than one death; whereas a group of Tibetans, including children, were arrested after continuing to flee,

D. whereas the Chinese State News Agency, Xinhua, has reported an incident in the region as ‘self-defence’ despite video and photographic evidence to the contrary; whereas the Chinese authorities have thus far not officially recognised that the incident at Nangpa Pass took place or that any individual was killed by Chinese forces,

E. whereas since September 2002 formal contacts have been re-established between the Chinese authorities and the representatives of the Dalai Lama in order to restore mutual trust and confidence,

1 Texts Adopted, P6_TA(2006)0346.

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F. whereas, despite these contacts and the importance attached to the meetings by the central Chinese authorities, there have been frequent cases over the past years of abuses and violations of human rights perpetrated against the Tibetan population, and in particular against Tibetan monks,

1. Condemns the excessive use of force by the Chinese People’s Armed Police Force in firing upon unarmed Tibetan civilians, including children;

2. Strongly condemns the killing of an unarmed civilian who, being under 18 years of age, was also considered a child under international law;

3. Expresses its dismay at the imprisonment of Tibetan civilians, nine of whom are children;

4. Urges the Chinese authorities to guarantee that the Tibetans detained during the incident will not be ill-treated in detention and that international human rights and humanitarian law standards are being respected;

5. Urges the Chinese authorities to release immediately all children detained following the incident;

6. Urges the Chinese authorities to conduct a full investigation into the events at Nangpa Pass and ensure that those responsible for any crimes committed there are brought to justice;

7. Calls on the Council and the Commission to monitor closely, through their representations in Nepal, the situation of those Tibetans from the group who have reached Nepal and to make strong representations to the Chinese authorities on this issue within the framework of the EU-China Human Rights Dialogue;

8. Calls on the Council and the Commission to reiterate their position that only dialogue between the Government of the People’s Republic of China and the representatives of the Dalai Lama can contribute to a peaceful and sustainable settlement for Tibet that both sides agree upon;

9. Calls on the Government of the People's Republic of China to continue its dialogue with the representatives of the Dalai Lama in order to improve respect for religious, cultural, linguistic and political rights in the Tibet Autonomous Region;

10. Instructs its President to forward this resolution to the Council, the Commission, the UN Secretary-General and the Government of the People’s Republic of China.

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P6_TA-PROV(2006)0466

Case against Rios Montt

European Parliament resolution on the proceedings against Rios Montt


– having regard to its resolutions of 18 May 20001, 14 June 20012, 11 April 20023, 10 April 20034 and 7 July 20055 on Guatemala,

– having regard to the International Criminal Court Statute, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the European Convention for the Protection of Human Rights and Fundamental Freedoms,

– having regard to its firm and permanent commitment to ensure compliance with the peace agreements and with human rights in Guatemala,


A. having regard to the allegations of crimes against humanity and genocide during the armed conflict in Guatemala, according to which 83% of the victims of the conflict were of Mayan ethnic origin, 200 000 people were murdered and 45 000 suffered enforced disappearances, 10% of the population was displaced and entire indigenous communities were eradicated; whereas, as the Parliament has gradually come to acknowledge, these crimes cannot go unpunished,

B. whereas those accused of planning and committing the above-mentioned crimes have never been brought before a court and some of them continue to hold high political office,

C. whereas in December 2006 the 10th anniversary of the peace accords will be commemorated and the Global Agreement on Human Rights has still not been implemented: the victims have not obtained adequate compensation, whether material or symbolic; the perpetrators of the crimes have never publicly apologised; and the whereabouts of most of the disappeared people remains unknown,

D. whereas on 7 July 2006, a judge at the Spanish Audiencia Nacional issued an international warrant for the arrest of seven former Guatemalan dictators and military officers accused of genocide, torture and illegal detention,

E. whereas before issuing the warrant, the judge travelled to Guatemala to carry out investigations which he was unable to conduct following appeals to the Guatemalan constitutional court and court for resolving conflicts of jurisdiction by the defendants' lawyers,

1 OJ C 59, 23.2.2001, p. 286.2 OJ C 53 E, 28.2.2002, p. 403.3 OJ C 127 E, 29.5.2003, p. 688.4 OJ C 64 E, 12.3.2004, p. 609.5 OJ C 157 E, 6.7.2006, p. 494.

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1. Urges the Guatemalan institutions to cooperate fully and do everything in their power to shed light on human rights violations and to ensure that those responsible are brought to justice and that the findings of investigations are made public, as called for in the international arrest warrant issued on 7 July 2006 by the Spanish Audiencia Nacional against Jose Efraín Ríos Montt, Oscar Humberto Mejía Víctores, Ángel Aníbal Guevara Rodríguez, Germán Chupina Barahona, Pedro García Arredondo, Benedicto Lucas García and Donaldo Alvárez Ruíz, all of whom are accused of crimes of genocide, torture, terrorism and illegal detention;

2. Asks the governments and the management of the relevant banking entities concerned to cooperate in sequestrating the goods and property of the defendants, in order to ensure that they discharge their financial and civil responsibilities;

3. Urges Interpol and Europol, in the event of a request being made by the appropriate authorities, to provide the necessary means to ensure extradition;

4. Reaffirms its commitment to ensuring that those accused do not go unpunished;

5. Welcomes the progress made in the application of the principle of universal jurisdiction in respect of crimes against humanity, genocide and torture;

6. Considers that, should these proceedings be brought to a successful conclusion, the same procedure should be followed under similar circumstances in taking action against dictators and persons responsible for mass human rights violations;

7. Expresses its support for the Guatemalan people and authorities, with a view to their continuing to uphold the rule of law and fostering economic, social and political development, which will contribute to peace and national reconciliation;

8. Instructs its President to forward this resolution to the Council, the Commission, the Government of Guatemala, the governments of Central American countries, the Government of the United States of America, and the Central American Parliament.

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P6_TA-PROV(2006)0467

Uzbekistan

European Parliament resolution on Uzbekistan


– having regard to its previous resolutions on the Central Asian Republics and Uzbekistan, and in particular to its resolutions of 9 June 20051 and 27 October 20052,

– having regard to the Commission's Strategy Paper for Central Asia 2002-2006

– having regard to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, which entered into force on 1 July 1999,

– having regard to the conclusions of the meetings of the General Affairs and External Relations Council of 18 July and 3 October 2005,

– having regard to the Council Presidency statements on the human rights situation in Uzbekistan in 2005 and 2006,

– having regard to the report of the UN Working Group on Enforced or Involuntary Disappearances published on 27 December 2005,

– having regard to the trial monitoring report published by the Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe (OSCE/ODIHR) on 3 March 2006,

– having regard to the report by UN Special Rapporteur on Torture, Manfred Nowak, on civil and political rights, including the question of torture and detention, published on 21 March 2006,

– having regard to the letter on the situation of human rights in Uzbekistan sent by the Permanent Representative of the Republic of Uzbekistan to the UN to the UN Secretary-General on 26 June 2006,


A. whereas the next meeting of the Cooperation Council between the European Union and the Republic of Uzbekistan is scheduled for 8 November 2006,

B. whereas the General Affairs and External Relations Council is expected to consider on 13 November 2006 whether it will extend the sanctions adopted last year following the events of May 2005 in Andijan,

1 OJ C 124 E, 25.5.2006, p. 560.2 Texts Adopted, P6_TA(2005)0415.

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C. whereas the government of Uzbekistan has not addressed the conditions which the Council set out when sanctions were applied,

D. whereas the government of Uzbekistan has not yet allowed any independent inquiry into the events in Andijan on 13 May 2005, despite the constant and repeated demands made during the past year by various international bodies,

E. whereas following the Andijan massacre in 2005 the Uzbek authorities launched a crackdown on human rights defenders, independent journalists and civil society institutions, putting on trial hundreds of people suspected of involvement in the uprising,

F. whereas according to international human rights organisations there has been no news over the past year of the thousands of people arrested in an attempt to hide the truth; whereas those in detention are at serious risk of being subjected to torture and other ill-treatment; and whereas no observers have been allowed to follow the trials of many of those charged with capital offences,

G. whereas, according to the report by the UN Special Rapporteur on Torture published in March 2006, there has been no fundamental change in the widespread use of torture or in policies and practices that could effectively combat it; whereas no meaningful steps have been taken by the Uzbek government to end the culture of impunity,

H. whereas the Office of the United Nations High Commissioner for Refugees (UNHCR) in Tashkent was closed on 17 March 2006,

I. whereas after the events in Andijan hundreds of Uzbek citizens were obliged to flee to the Kyrgyz Republic and other neighbouring countries; and whereas Uzbek refugees have been extradited to Uzbekistan in flagrant violation of the 1951 UN Convention relating to the Status of Refugees,

J. whereas Uzbek society is largely secular and the limited religious extremism which exists is essentially fuelled by social injustice; and whereas the fight against religious extremism can only be conducted through legal means and not through oppression,

K. whereas civil society in Central Asia, including Uzbekistan, is increasingly calling for a more open society in which individual freedoms and human rights are fully respected, as well as for democratic change,

1. Reiterates the importance of EU-Uzbekistan relations and acknowledges Uzbekistan's crucial role in the Central Asia region, but stresses that those relations must be based on mutual respect for the principles of democracy, rule of law and human rights, as is clearly laid down in the EU-Uzbekistan Partnership and Cooperation Agreement;

2. Calls on the Council to renew the existing sanctions policy for an additional 12 months and to expand it by:

- including in the EU visa ban the President, Islam Karimov, the Minister for the Interior, Bahodir Matliubov, the Minister for Defence, Ruslan Mirzaev, the Minister for Justice, Buritosh Mustafaev, the Prosecutor-General, Rashid Kodirov, the Head

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of the National Security Service, Rustam Inoyatov, and the Regional Governor of Andijan, Saidullo Begaliev.

- freezing the assets of all individuals subject to the visa ban, making it impossible for them to access any assets they may have in the EU or in any way use the banking system within the EU;

3. Calls on the Council to make a considered decision with a view to improved future relations, on 13 November 2006, on the possible extension of sanctions, based on commitments by the Uzbekistan side during the EU-Uzbekistan Cooperation Council on 8 November 2006 and on information obtained by European diplomats based in the area;

4. Points out that the policy of targeted sanctions has not produced positive results so far, and therefore calls on the Commission and Council to review the situation carefully in order to find ways and means of achieving the political objectives set;

5. Insists that the embargo on arms sales and military transfers be continued;

6. Calls on Uzbekistan to cooperate fully with the OSCE and with the UN, especially with regard to the call for a credible and transparent independent enquiry, to comply with international law and to be receptive to any of the UN special procedures for which invitations have been requested and open to OSCE monitors and independent observers;

7. Calls on the Council to take all necessary measures within the UN Human Rights Council to ensure the confidential '1503' procedure does not continue to apply to Uzbekistan and to subject this country to a public mechanism of scrutiny as recommended by Louise Arbour, the UN High Commissioner for Human Rights, in her July 2005 report on the Andijan massacre;

8. Urges the Government of Uzbekistan to release all human rights defenders, journalists and political opposition members who are still in detention and to allow them to work freely and without fear of persecution, and to put an end to the harassment of NGOs;

9. Urges the Uzbekistan authorities to permit the reopening of the UNHCR Office in Tashkent;

10. Calls on the Kyrgyz Republic and the other neighbouring countries to fully respect the 1951 UN Convention relating to the Status of Refugees, under which no refugees should be forcibly returned to their country of origin, and thus not to extradite Uzbek refugees to Uzbekistan; urges, in this regard, the Council and the Commission to closely follow the situation of all Uzbek refugees who have already been extradited to Uzbekistan;

11. Instructs its President to forward this resolution to the Council, the Commission, the EU Special Representative for Central Asia, the Presidents, Governments and Parliaments of Uzbekistan and Kyrgyzstan, the Secretary-General of the United Nations and the Secretary General of the OSCE.

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