# Official Journal C 286E/2010

| | ISSN 1725-2423
  doi:10.3000/17252423.CE2010.286.eng |
| --- | --- |
| Official Journal
  of the European Union | C 286E |
| | |
| English edition | Information and Notices | Volume 5322 October 2010 |

ISSN 1725-2423

doi:10.3000/17252423.CE2010.286.eng

Official Journal

of the European Union

C 286E

English edition

Information and Notices

Volume 5322 October 2010

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | European Parliament2009-2010 SESSIONSittings of 15 to 17 December 2009The Minutes of this session have been published in OJ C 103 E, 22.4.2010.TEXTS ADOPTED |
| | Wednesday 16 December 2009 |
| 2010/C 286E/01 | Prospects for the Doha Development Agenda following the Seventh WTO Ministerial ConferenceEuropean Parliament resolution of 16 December 2009 on the prospects for the Doha Development Agenda (DDA) following the Seventh WTO Ministerial Conference | 1 |
| 2010/C 286E/02 | Restrictive measures affecting the rights of individuals following the entry into force of the Lisbon TreatyEuropean Parliament resolution of 16 December 2009 on restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, in respect of Zimbabwe and in view of the situation in Somalia | 5 |
| | Thursday 17 December 2009 |
| 2010/C 286E/03 | Improvements needed in the legal framework for access to documents following the entry into force of the Lisbon TreatyEuropean Parliament resolution of 17 December 2009 on improvements needed to the legal framework for access to documents following the entry into force of the Lisbon Treaty, Regulation (EC) No 1049/2001 | 12 |
| 2010/C 286E/04 | BelarusEuropean Parliament resolution of 17 December 2009 on Belarus | 16 |
| 2010/C 286E/05 | Violence in the Democratic Republic of CongoEuropean Parliament resolution of 17 December 2009 on violence in the Democratic Republic of Congo | 21 |
| 2010/C 286E/06 | Uganda: anti-homosexual draft legislationEuropean Parliament resolution of 17 December 2009 on Uganda: anti-homosexual draft legislation | 25 |
| 2010/C 286E/07 | Azerbaijan: freedom of expressionEuropean Parliament resolution of 17 December 2009 on Azerbaijan: freedom of expression | 27 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament2009-2010 SESSIONSittings of 15 to 17 December 2009The Minutes of this session have been published in OJ C 103 E, 22.4.2010.TEXTS ADOPTED

Wednesday 16 December 2009

2010/C 286E/01

Prospects for the Doha Development Agenda following the Seventh WTO Ministerial ConferenceEuropean Parliament resolution of 16 December 2009 on the prospects for the Doha Development Agenda (DDA) following the Seventh WTO Ministerial Conference

1

2010/C 286E/02

Restrictive measures affecting the rights of individuals following the entry into force of the Lisbon TreatyEuropean Parliament resolution of 16 December 2009 on restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, in respect of Zimbabwe and in view of the situation in Somalia

5

Thursday 17 December 2009

2010/C 286E/03

Improvements needed in the legal framework for access to documents following the entry into force of the Lisbon TreatyEuropean Parliament resolution of 17 December 2009 on improvements needed to the legal framework for access to documents following the entry into force of the Lisbon Treaty, Regulation (EC) No 1049/2001

12

2010/C 286E/04

BelarusEuropean Parliament resolution of 17 December 2009 on Belarus

16

2010/C 286E/05

Violence in the Democratic Republic of CongoEuropean Parliament resolution of 17 December 2009 on violence in the Democratic Republic of Congo

21

2010/C 286E/06

Uganda: anti-homosexual draft legislationEuropean Parliament resolution of 17 December 2009 on Uganda: anti-homosexual draft legislation

25

2010/C 286E/07

Azerbaijan: freedom of expressionEuropean Parliament resolution of 17 December 2009 on Azerbaijan: freedom of expression

27

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| | Wednesday 16 December 2009 |
| 2010/C 286E/08 | Verification of credentialsEuropean Parliament decision of 16 December 2009 on the verification of credentials (2009/2091(REG)) | 30 |
| ANNEX | 32 |
| 2010/C 286E/09 | Conference of Committee Chairs and of Delegation Chairs (interpretation of Rules 27 and 28)European Parliament decision of 16 December 2009 on interpretation of Rules 27 and 28 of Parliament's Rules of Procedure on replacing the Chair of the Conference of Committee Chairs or the Conference of Delegation Chairs in the event of absence | 44 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Wednesday 16 December 2009

2010/C 286E/08

Verification of credentialsEuropean Parliament decision of 16 December 2009 on the verification of credentials (2009/2091(REG))

30

ANNEX

ANNEX

32

2010/C 286E/09

Conference of Committee Chairs and of Delegation Chairs (interpretation of Rules 27 and 28)European Parliament decision of 16 December 2009 on interpretation of Rules 27 and 28 of Parliament's Rules of Procedure on replacing the Chair of the Conference of Committee Chairs or the Conference of Delegation Chairs in the event of absence

44

| | III   Preparatory acts |
| --- | --- |
| | European Parliament |
| | Tuesday 15 December 2009 |
| 2010/C 286E/10 | European Microfinance Facility for Employment and Social Inclusion (Progress) ***IEuropean Parliament legislative resolution of 15 December 2009 on the proposal for a decision of the European Parliament and of the Council establishing a European Microfinance Facility for Employment and Social Inclusion (Progress Microfinance Facility) (COM(2009)0333 – C7-0053/2009 – 2009/0096(COD)) | 45 |
| P7_TC1-COD(2009)0096Position of the European Parliament adopted at first reading on 15 December 2009 with a view to the adoption of Decision No .../2010/EU of the European Parliament and of the Council establishing a European Progress Microfinance Facility for employment and social inclusion | 46 |
| | Wednesday 16 December 2009 |
| 2010/C 286E/11 | Mobilisation of the European Globilisation Adjustment Fund: Sweden – Volvo; Austria – Steiermark; Netherlands – HeijmansEuropean Parliament resolution of 16 December 2009 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2009)0602 – C7-0254/2009 – 2009/2183(BUD)) | 47 |
| ANNEX | 48 |
| 2010/C 286E/12 | Draft amending budget No 10/2009 of the European Union for the financial year 2009, Section III - CommissionEuropean Parliament resolution of 16 December 2009 on draft amending budget No 10/2009 of the European Union for the financial year 2009, Section III – Commission (16327/2009 – C7-0288/2009 – 2009/2185(BUD)) | 50 |
| | Thursday 17 December 2009 |
| 2010/C 286E/13 | Mobilisation of the Flexibility InstrumentEuropean Parliament resolution of 17 December 2009 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the Flexibility Instrument in accordance with point 27 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2009)0660 – C7-0303/2009 – 2009/2207(BUD)) | 52 |
| ANNEX | 53 |
| 2010/C 286E/14 | Financial framework 2007-2013: financing energy projects under the European Economic Recovery Plan (amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management)European Parliament resolution of 17 December 2009 on the amended proposal for a decision of the European Parliament and of the Council amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework - Financing projects in the field of energy in the context of the European Economic Recovery Plan (COM(2009)0662 – C7-0305/2009 – 2009/2211(ACI)) | 54 |
| ANNEX | 56 |
| ANNEX | 57 |
| 2010/C 286E/15 | Draft general budget of the European Union for the financial year 2010 as modified by the Council (all sections)European Parliament resolution of 17 December 2009 on the draft general budget of the European Union for the financial year 2010 as modified by the Council (all sections) (11902/2009 – C7-0127/2009 – 2009/2002(BUD)) and Letters of amendment Nos 1/2010 (SEC(2009)1133 – 14272/2009 – C7-0215/2009), 2/2010 (SEC(2009)1462 – 16328/2009 – C7-0292/2009) and 3/2010 (SEC(2009)1635 – 16731/2009 – C7-0304/2009) to the draft general budget of the European Union for the financial year 2010 | 58 |
| ANNEX I | 65 |
| ANNEX II | 66 |
| ANNEX III | 67 |
| ANNEX IV | 67 |
| ANNEX V | 67 |
| JOINT DECLARATION | 68 |

III   Preparatory acts

European Parliament

Tuesday 15 December 2009

2010/C 286E/10

European Microfinance Facility for Employment and Social Inclusion (Progress) ***IEuropean Parliament legislative resolution of 15 December 2009 on the proposal for a decision of the European Parliament and of the Council establishing a European Microfinance Facility for Employment and Social Inclusion (Progress Microfinance Facility) (COM(2009)0333 – C7-0053/2009 – 2009/0096(COD))

45

P7_TC1-COD(2009)0096Position of the European Parliament adopted at first reading on 15 December 2009 with a view to the adoption of Decision No .../2010/EU of the European Parliament and of the Council establishing a European Progress Microfinance Facility for employment and social inclusion

46

Wednesday 16 December 2009

2010/C 286E/11

Mobilisation of the European Globilisation Adjustment Fund: Sweden – Volvo; Austria – Steiermark; Netherlands – HeijmansEuropean Parliament resolution of 16 December 2009 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2009)0602 – C7-0254/2009 – 2009/2183(BUD))

47

ANNEX

48

2010/C 286E/12

Draft amending budget No 10/2009 of the European Union for the financial year 2009, Section III - CommissionEuropean Parliament resolution of 16 December 2009 on draft amending budget No 10/2009 of the European Union for the financial year 2009, Section III – Commission (16327/2009 – C7-0288/2009 – 2009/2185(BUD))

50

Thursday 17 December 2009

2010/C 286E/13

Mobilisation of the Flexibility InstrumentEuropean Parliament resolution of 17 December 2009 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the Flexibility Instrument in accordance with point 27 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2009)0660 – C7-0303/2009 – 2009/2207(BUD))

52

ANNEX

53

2010/C 286E/14

Financial framework 2007-2013: financing energy projects under the European Economic Recovery Plan (amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management)European Parliament resolution of 17 December 2009 on the amended proposal for a decision of the European Parliament and of the Council amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework - Financing projects in the field of energy in the context of the European Economic Recovery Plan (COM(2009)0662 – C7-0305/2009 – 2009/2211(ACI))

54

ANNEX

56

ANNEX

57

2010/C 286E/15

Draft general budget of the European Union for the financial year 2010 as modified by the Council (all sections)European Parliament resolution of 17 December 2009 on the draft general budget of the European Union for the financial year 2010 as modified by the Council (all sections) (11902/2009 – C7-0127/2009 – 2009/2002(BUD)) and Letters of amendment Nos 1/2010 (SEC(2009)1133 – 14272/2009 – C7-0215/2009), 2/2010 (SEC(2009)1462 – 16328/2009 – C7-0292/2009) and 3/2010 (SEC(2009)1635 – 16731/2009 – C7-0304/2009) to the draft general budget of the European Union for the financial year 2010

58

ANNEX I

65

ANNEX II

66

ANNEX III

67

ANNEX IV

67

ANNEX V

67

JOINT DECLARATION

68

| Key to symbols used






  - | Consultation procedure |
| --- | --- |
| **I | Cooperation procedure: first reading |
| **II | Cooperation procedure: second reading |
| *** | Assent procedure |
| ***I | Codecision procedure: first reading |
| ***II | Codecision procedure: second reading |
| ***III | Codecision procedure: third reading |

Key to symbols used

*

Consultation procedure

**I

Cooperation procedure: first reading

**II

Cooperation procedure: second reading

***

Assent procedure

***I

Codecision procedure: first reading

***II

Codecision procedure: second reading

***III

Codecision procedure: third reading

(The type of procedure is determined by the legal basis proposed by the Commission.)

Political amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▐.

Technical corrections and adaptations by the services: new or replacement text is highlighted in italics and deletions are indicated by the symbol ║.

| EN | |
| --- | --- |

EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament 2009-2010 SESSION Sittings of 15 to 17 December 2009 The Minutes of this session have been published in OJ C 103 E, 22.4.2010. TEXTS ADOPTED

Wednesday 16 December 2009

| 22.10.2010 | EN | Official Journal of the European Union | CE 286/1 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/1

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Wednesday 16 December 2009Prospects for the Doha Development Agenda following the Seventh WTO Ministerial Conference

P7_TA(2009)0110

European Parliament resolution of 16 December 2009 on the prospects for the Doha Development Agenda (DDA) following the Seventh WTO Ministerial Conference

2010/C 286 E/01

The European Parliament,

having regard to the GATT Agreement, Chapter IV, Articles 36 (Principles and Objectives) and 37 (Commitments),

having regard to the Doha Ministerial Declaration of the World Trade Organisation (WTO) of 14 November 2001,

having regard to the Hong Kong Ministerial Declaration of the WTO of 18 December 2005,

having regard to its resolution of 4 April 2006 on the assessment of the Doha Round following the WTO Ministerial Conference in Hong Kong (1),

having regard to the 2008 draft blueprints (or ‘modalities’) for a final deal on agricultural and non-agricultural trade,

having regard to the standstill commitment by G20 world leaders at recent summits to refrain from measures that would introduce barriers to trade and investment and to rectify any such measures promptly,

having regard to the inaugural speech by Pascal Lamy at the WTO Public Forum on 28 September 2009,

having regard to the United Nations Millennium Development Goals and the EU Member States’ aid commitments to tackle hunger and poverty,

having regard to the WTO’s 2009 Annual Report,

having regard to the chairman’s summary of the Seventh WTO Ministerial Conference of 2 December 2009,

having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

| A. | whereas the Doha Round was launched in 2001 with the objectives of creating new trading opportunities, strengthening multilateral trade rules, addressing current imbalances in the trading system and putting trade at the service of sustainable development, with an emphasis on the economic integration of developing countries, especially the least developed countries (LDCs), arising from the conviction that a multilateral system, based on more just and equitable rules, can contribute to fair and free trade at the service of the development of all continents, |
| --- | --- |

A.

whereas the Doha Round was launched in 2001 with the objectives of creating new trading opportunities, strengthening multilateral trade rules, addressing current imbalances in the trading system and putting trade at the service of sustainable development, with an emphasis on the economic integration of developing countries, especially the least developed countries (LDCs), arising from the conviction that a multilateral system, based on more just and equitable rules, can contribute to fair and free trade at the service of the development of all continents,

| B. | whereas the Doha Declaration reaffirms the commitment to special and differential treatment for developing countries to take account of their unequal situation, |
| --- | --- |

B.

whereas the Doha Declaration reaffirms the commitment to special and differential treatment for developing countries to take account of their unequal situation,

| C. | whereas the WTO Ministerial Talks to conclude the Doha Round stalled at the end of July 2008, |
| --- | --- |

C.

whereas the WTO Ministerial Talks to conclude the Doha Round stalled at the end of July 2008,

| D. | whereas international trade has been particularly deeply affected by the economic crisis, with trade flows decreasing even more significantly than global output, |
| --- | --- |

D.

whereas international trade has been particularly deeply affected by the economic crisis, with trade flows decreasing even more significantly than global output,

| E. | whereas an improvement in the WTO rules on trade facilitation would benefit all WTO Members by enhancing legal certainty, lowering the costs of trade transactions and preventing abuse, |
| --- | --- |

E.

whereas an improvement in the WTO rules on trade facilitation would benefit all WTO Members by enhancing legal certainty, lowering the costs of trade transactions and preventing abuse,

| F. | whereas the Seventh WTO Ministerial Conference, which took place in Geneva from 30 November to 2 December 2009, underlined the great importance of trade and the Doha Round for economic recovery and poverty alleviation in developing countries, |
| --- | --- |

F.

whereas the Seventh WTO Ministerial Conference, which took place in Geneva from 30 November to 2 December 2009, underlined the great importance of trade and the Doha Round for economic recovery and poverty alleviation in developing countries,

| G. | whereas the name ‘European Union’ was used for the first time in the WTO in the 1 December 2009 working session at the Seventh Ministerial Conference, following the entry into force of the Treaty of Lisbon, |
| --- | --- |

G.

whereas the name ‘European Union’ was used for the first time in the WTO in the 1 December 2009 working session at the Seventh Ministerial Conference, following the entry into force of the Treaty of Lisbon,

| 1. | Reiterates its commitment to the multilateral trading system and the WTO as the guarantor of a rules-based trade system; believes that the WTO has a key role to play in ensuring better management of globalisation and more equitable distribution of its benefits; |
| --- | --- |

1.

Reiterates its commitment to the multilateral trading system and the WTO as the guarantor of a rules-based trade system; believes that the WTO has a key role to play in ensuring better management of globalisation and more equitable distribution of its benefits;

| 2. | Takes the view that, in the current economic crisis, WTO rules and commitments have to a great extent prevented Members from having recourse to trade-restrictive measures, while allowing for flexibility in adopting economic recovery measures; |
| --- | --- |

2.

Takes the view that, in the current economic crisis, WTO rules and commitments have to a great extent prevented Members from having recourse to trade-restrictive measures, while allowing for flexibility in adopting economic recovery measures;

| 3. | Encourages WTO Members to remain committed to actively fighting protectionism in all their bilateral and multilateral trade relations and future agreements; |
| --- | --- |

3.

Encourages WTO Members to remain committed to actively fighting protectionism in all their bilateral and multilateral trade relations and future agreements;

DDA (Doha Development Agenda)

| 4. | Reaffirms its strong support for placing development at the heart of the DDA, and calls on the WTO Members to deliver on the ambitious goals set out in the 2001 Doha Ministerial Declaration in order to ensure that the current trade round is a development round and that it contributes to the achievement of the United Nations Millennium Development Goals; |
| --- | --- |

4.

Reaffirms its strong support for placing development at the heart of the DDA, and calls on the WTO Members to deliver on the ambitious goals set out in the 2001 Doha Ministerial Declaration in order to ensure that the current trade round is a development round and that it contributes to the achievement of the United Nations Millennium Development Goals;

| 5. | Believes that, in order fully to meet the commitment to conclude a development round, the developed countries must avoid pursuing negotiating objectives which could be detrimental to the development objectives of the round; also takes the view that emerging countries must ensure that their development objectives do not damage those of other developing countries, particularly LDCs; |
| --- | --- |

5.

Believes that, in order fully to meet the commitment to conclude a development round, the developed countries must avoid pursuing negotiating objectives which could be detrimental to the development objectives of the round; also takes the view that emerging countries must ensure that their development objectives do not damage those of other developing countries, particularly LDCs;

| 6. | Acknowledges the progress that has been achieved in the DDA since the Ministerial Conference in Hong Kong; notes the commitment shown at the Seventh Ministerial Conference in Geneva, which was not on DDA negotiations; |
| --- | --- |

6.

Acknowledges the progress that has been achieved in the DDA since the Ministerial Conference in Hong Kong; notes the commitment shown at the Seventh Ministerial Conference in Geneva, which was not on DDA negotiations;

| 7. | Strongly supports the conclusion of the DDA on the basis of a comprehensive, ambitious and balanced outcome to the negotiations, to the benefit of economic growth and development worldwide, as well as of the credibility of the multilateral trading system; believes that a successful conclusion of the DDA could be an important parameter in stimulating worldwide economic recovery after the financial and economic crisis; |
| --- | --- |

7.

Strongly supports the conclusion of the DDA on the basis of a comprehensive, ambitious and balanced outcome to the negotiations, to the benefit of economic growth and development worldwide, as well as of the credibility of the multilateral trading system; believes that a successful conclusion of the DDA could be an important parameter in stimulating worldwide economic recovery after the financial and economic crisis;

| 8. | Urges the emerging economies to assume their responsibility as global economic players and to make concessions commensurate with their level of development and (sectoral) competitiveness; emphasises the importance of North-South, as well as South-South, trade; |
| --- | --- |

8.

Urges the emerging economies to assume their responsibility as global economic players and to make concessions commensurate with their level of development and (sectoral) competitiveness; emphasises the importance of North-South, as well as South-South, trade;

| 9. | Calls on the developed countries and the emerging economies to follow the EU Everything but Arms initiative, offering 100 % duty-free, quota-free market access for the LDCs; emphasises also the importance of an enhanced framework for Aid for Trade; |
| --- | --- |

9.

Calls on the developed countries and the emerging economies to follow the EU Everything but Arms initiative, offering 100 % duty-free, quota-free market access for the LDCs; emphasises also the importance of an enhanced framework for Aid for Trade;

| 10. | Calls on the Commission to pursue the objectives set out in the negotiating mandate as regards protection of geographical indications and intellectual property rights, market access for industrial goods and services and public procurement in both developed and developing countries, and minimum requirements for environmental and social standards; |
| --- | --- |

10.

Calls on the Commission to pursue the objectives set out in the negotiating mandate as regards protection of geographical indications and intellectual property rights, market access for industrial goods and services and public procurement in both developed and developing countries, and minimum requirements for environmental and social standards;

| 11. | Encourages the EU to play a leading role in promoting tangible progress in the ongoing WTO negotiations with a view to concluding the Doha Round, as well as facilitating the full participation of developing countries and LDCs in global trade by acting as a bridge between the various positions of the WTO Members; |
| --- | --- |

11.

Encourages the EU to play a leading role in promoting tangible progress in the ongoing WTO negotiations with a view to concluding the Doha Round, as well as facilitating the full participation of developing countries and LDCs in global trade by acting as a bridge between the various positions of the WTO Members;

Agriculture

| 12. | Calls on the Commission to comply strictly with its negotiating mandate from the Council, which sets the already completed CAP reform as the limit of its action, provided that equivalent concessions are obtained from its trading partners, and to strongly defend the EU position on geographical indications; |
| --- | --- |

12.

Calls on the Commission to comply strictly with its negotiating mandate from the Council, which sets the already completed CAP reform as the limit of its action, provided that equivalent concessions are obtained from its trading partners, and to strongly defend the EU position on geographical indications;

| 13. | Calls on the Commission, in the context of the banana agreement which is currently in its concluding phase, to provide ACP and Community producers with genuine legal certainty and to ensure that account is taken of the financial consequences of the agreement; |
| --- | --- |

13.

Calls on the Commission, in the context of the banana agreement which is currently in its concluding phase, to provide ACP and Community producers with genuine legal certainty and to ensure that account is taken of the financial consequences of the agreement;

| 14. | Recalls the commitment of the WTO Members during the Hong Kong Ministerial Conference to achieving the parallel elimination of all forms of export subsidies and disciplines on all export measures with equivalent effect; |
| --- | --- |

14.

Recalls the commitment of the WTO Members during the Hong Kong Ministerial Conference to achieving the parallel elimination of all forms of export subsidies and disciplines on all export measures with equivalent effect;

| 15. | Calls on the developed countries and emerging economies to ensure that the agreement gives developing countries the use of the policy tools they need in order to defend and develop their agriculture sector and local food production, to raise rural living standards and to enhance food security (i.e. universal access to adequate levels of food at affordable prices); calls therefore for the inclusion in the agreement of clear provisions for special and differential treatment, especially with respect to special products and specific safeguard mechanisms; |
| --- | --- |

15.

Calls on the developed countries and emerging economies to ensure that the agreement gives developing countries the use of the policy tools they need in order to defend and develop their agriculture sector and local food production, to raise rural living standards and to enhance food security (i.e. universal access to adequate levels of food at affordable prices); calls therefore for the inclusion in the agreement of clear provisions for special and differential treatment, especially with respect to special products and specific safeguard mechanisms;

Non-agricultural market access (NAMA)

| 16. | Calls for ambitious results in the negotiations on NAMA, guaranteeing real new market-access opportunities through substantial cuts in applied rates, while allowing for special and differential treatment; favours the pursuit of sectoral initiatives in areas of export interest for the EU; |
| --- | --- |

16.

Calls for ambitious results in the negotiations on NAMA, guaranteeing real new market-access opportunities through substantial cuts in applied rates, while allowing for special and differential treatment; favours the pursuit of sectoral initiatives in areas of export interest for the EU;

Services

| 17. | Urges the Commission to maintain a firm negotiating stance aimed at genuinely enhanced market access for EU products and services in both developed and emerging economies; |
| --- | --- |

17.

Urges the Commission to maintain a firm negotiating stance aimed at genuinely enhanced market access for EU products and services in both developed and emerging economies;

| 18. | Calls for steps to be taken to ensure that trade agreements in the financial services sector include measures to ensure compliance with the objectives of the international community and of the G20 in terms of regulating these services and, in particular, avoiding black holes and fiscal evasion; |
| --- | --- |

18.

Calls for steps to be taken to ensure that trade agreements in the financial services sector include measures to ensure compliance with the objectives of the international community and of the G20 in terms of regulating these services and, in particular, avoiding black holes and fiscal evasion;

| 19. | Calls for an intensification of talks in the area of services with a view to further liberalisation of services in general, while preserving WTO Members’ national policy objectives and their right to regulate public services; |
| --- | --- |

19.

Calls for an intensification of talks in the area of services with a view to further liberalisation of services in general, while preserving WTO Members’ national policy objectives and their right to regulate public services;

Reform of the WTO

| 20. | Notes that reflection is needed on an institutional reform of the WTO designed to improve its functioning and its democratic legitimacy and accountability; stresses in this context the importance of a parliamentary dimension to the WTO; calls on the Commission to play an active role in the future institutional reform of the WTO and in the promotion of a WTO parliamentary assembly; |
| --- | --- |

20.

Notes that reflection is needed on an institutional reform of the WTO designed to improve its functioning and its democratic legitimacy and accountability; stresses in this context the importance of a parliamentary dimension to the WTO; calls on the Commission to play an active role in the future institutional reform of the WTO and in the promotion of a WTO parliamentary assembly;

| 21. | Believes that the WTO needs to address more effectively the links between trade and new global challenges such as climate change, food security and sovereignty, and decent working conditions; |
| --- | --- |

21.

Believes that the WTO needs to address more effectively the links between trade and new global challenges such as climate change, food security and sovereignty, and decent working conditions;

| 22. | Calls for enhanced cooperation between the WTO and other international organisations and bodies such as the United Nations Food and Agriculture Organisation (FAO), the International Labour Organisation (ILO), the United Nations Environment Programme (UNEP), the United Nations Development Programme (UNDP) and the United Nations Conference on Trade and Development (Unctad), in order to ensure mutual supportiveness and consistency between trade and non-trade concerns; in this context supports efforts aiming for the adoption of international standards and regulatory cooperation; |
| --- | --- |

22.

Calls for enhanced cooperation between the WTO and other international organisations and bodies such as the United Nations Food and Agriculture Organisation (FAO), the International Labour Organisation (ILO), the United Nations Environment Programme (UNEP), the United Nations Development Programme (UNDP) and the United Nations Conference on Trade and Development (Unctad), in order to ensure mutual supportiveness and consistency between trade and non-trade concerns; in this context supports efforts aiming for the adoption of international standards and regulatory cooperation;

| 23. | Supports the strengthening of existing, and the conclusion of new, bilateral and regional (WTO-plus) free trade agreements, as a complement to the multilateral framework; |
| --- | --- |

23.

Supports the strengthening of existing, and the conclusion of new, bilateral and regional (WTO-plus) free trade agreements, as a complement to the multilateral framework;

Treaty of Lisbon

| 24. | Urges the Commission to associate Parliament closely in the ongoing negotiations; points out, therefore, the need to renegotiate the Framework Agreement on relations between the Parliament and the Commission in order to reflect the trade provisions of the Treaty of Lisbon whereby EU trade policy must be subject to more rigorous democratic scrutiny; intends to revise that Agreement in order to establish full participation by Parliament in the EU’s international trade negotiations, ensuring in particular:






  (a) | that Parliament is informed, before the negotiations open, of the chosen legal basis, |
| --- | --- | --- |

24.

Urges the Commission to associate Parliament closely in the ongoing negotiations; points out, therefore, the need to renegotiate the Framework Agreement on relations between the Parliament and the Commission in order to reflect the trade provisions of the Treaty of Lisbon whereby EU trade policy must be subject to more rigorous democratic scrutiny; intends to revise that Agreement in order to establish full participation by Parliament in the EU’s international trade negotiations, ensuring in particular:

(a)

that Parliament is informed, before the negotiations open, of the chosen legal basis,

| (b) | that, in the event of a formal request from Parliament, the Council will agree not to authorise the opening of negotiations until Parliament has stated its position on the proposed negotiating mandate on the basis of a report from the committee responsible, |
| --- | --- |

(b)

that, in the event of a formal request from Parliament, the Council will agree not to authorise the opening of negotiations until Parliament has stated its position on the proposed negotiating mandate on the basis of a report from the committee responsible,

| (c) | that Parliament is provided with regular, full and timely information over the course of all bilateral and multilateral trade negotiations, |
| --- | --- |

(c)

that Parliament is provided with regular, full and timely information over the course of all bilateral and multilateral trade negotiations,

| (d) | that, if at any stage of the negotiation Parliament adopts recommendations regarding the conduct of negotiations, the Commission will take Parliament’s opinion into account before the conclusion of an agreement, |
| --- | --- |

(d)

that, if at any stage of the negotiation Parliament adopts recommendations regarding the conduct of negotiations, the Commission will take Parliament’s opinion into account before the conclusion of an agreement,

| (e) | that an interinstitutional inventory incorporating all documents that the Commission provides to the special committee provided for in Article 207(3) of the Treaty on the Functioning of the European Union is set up and used; |
| --- | --- |

(e)

that an interinstitutional inventory incorporating all documents that the Commission provides to the special committee provided for in Article 207(3) of the Treaty on the Functioning of the European Union is set up and used;

*

* *

| 25. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the Director-General of the WTO. |
| --- | --- |

25.

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

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(1)  OJ C 293 E, 2.12.2006, p. 155.

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| 22.10.2010 | EN | Official Journal of the European Union | CE 286/5 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/5

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Wednesday 16 December 2009Restrictive measures affecting the rights of individuals following the entry into force of the Lisbon Treaty

P7_TA(2009)0111

European Parliament resolution of 16 December 2009 on restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, in respect of Zimbabwe and in view of the situation in Somalia

2010/C 286 E/02

The European Parliament,

having regard to the Universal Declaration of Human Rights, to all United Nations human rights conventions and the optional protocols thereto, to the International Covenant on Civil and Political Rights and the two optional protocols thereto, to the UN Charter and specifically Articles 1 and 25 and, in Chapter VII, Articles 39 and 41 thereof,

having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention on Human Rights) and the protocols thereto, and to the Charter of Fundamental Rights of the European Union (the Charter), in particular the Charter's Title VI, Justice, which entered into force on 1 December 2009,

having regard to the relevant provisions of the Treaty of Lisbon, which amends the Treaty on European Union (TEU) and the Treaty establishing the European Community (TEC), and in particular to Articles 75, 215 and 275 of the Treaty on the Functioning of the European Union (TFEU), and to the provisions on democratic principles enshrined in Title II of the TEU,

having regard to the previous relevant provisions of the TEU (Articles 3, 6, 11, 13, 19, 21, 29 and 39) and of the TEC (Articles 60, 133, 296, 297, 301 and 308),

having regard to relevant Council documents in the area (1),

having regard to Council Common Positions 2001/930/CFSP on combating terrorism (2) and 2001/931/CFSP on the application of specific measures to combat terrorism (3), both of 27 December 2001, and Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (4),

having regard to Council Common Position 2002/402/CFSP concerning restrictive measures against Usama bin Laden, members of the Al-Qaida organisation and the Taliban and other individuals, groups, undertakings and entities associated with them (5), and Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban (6), both of 27 May 2002, and to the relevant Commission proposal and Council text (7),

having regard to Common Position 2009/138/CFSP of 16 February 2009 concerning restrictive measures against Somalia (8), to the relevant Commission proposal (9) and to Common Position 2004/161/CFSP of 19 February 2004 renewing restrictive measures against Zimbabwe (10), as amended by Common Position 2008/632/CFSP of 31 July 2008 (11), and to the relevant Commission proposal (12),

having regard to its relevant resolutions in the field, and more particularly to its resolution of 4 September 2008 on the evaluation of EU sanctions as part of the EU’s actions and policies in the area of human rights (13),

having regard to the report of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe of 16 November 2007 entitled ‘United Nations Security Council and European Union blacklists’ and to the addendum to that report of 22 January 2008,

having regard to the relevant case-law of the Court of Justice of the European Communities and in particular its judgment of 3 September 2008 in Joined Cases C-402/05 P and C-415/05 P, Kadi and Al Barakaat International Foundation v Council and Commission
   (14),

having regard to the opinion of the European Data Protection Supervisor (EDPS) of 28 July 2009 on the proposal for a Council Regulation amending Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban,

having regard to the letter of 12 November 2009 from the Chair of its Committee on Development to the Chair of its Committee on Civil Liberties, Justice and Home Affairs,

having regard to the questions of 16 November 2009 to the Commission and to the Council on restrictive measures (O-0135/2009 – B7-0233/2009, O-0136/2009 – B7-0234/2009),

having regard to the views expressed by its Committee on Legal Affairs at its meeting on 3 December 2009 on the legal bases for the proposals concerning the texts on Usama bin Laden, the Al-Qaida network and the Taliban, Somalia and Zimbabwe under the Treaty of Lisbon,

having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

| A. | whereas respect for human rights is one of the founding values of the Union (Article 2 TEU) which is also reflected in its external action, Article 21(1) TEU stipulating that its ‘action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity and respect for the principles of the United Nations Charter and international law’, |
| --- | --- |

A.

whereas respect for human rights is one of the founding values of the Union (Article 2 TEU) which is also reflected in its external action, Article 21(1) TEU stipulating that its ‘action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity and respect for the principles of the United Nations Charter and international law’,

| B. | whereas the Union is committed to the fight against terrorism in all its dimensions – whether its origin lies, or its activities occur, inside or beyond EU borders – while acting, through different instruments and means within the clear limits defined by the rule of law and respect for fundamental rights; whereas extreme care must be taken to ensure that in this particular field fundamental rights are fully respected and that all the measures adopted with a view to the fight against terrorism are proportionate, appropriate and effective, |
| --- | --- |

B.

whereas the Union is committed to the fight against terrorism in all its dimensions – whether its origin lies, or its activities occur, inside or beyond EU borders – while acting, through different instruments and means within the clear limits defined by the rule of law and respect for fundamental rights; whereas extreme care must be taken to ensure that in this particular field fundamental rights are fully respected and that all the measures adopted with a view to the fight against terrorism are proportionate, appropriate and effective,

| C. | whereas the means by which the Union aims to achieve the objectives highlighted above, among them the fight against terrorism, include (but are not limited to) restrictive measures (sanctions) against the governments of third States, natural or legal persons, groups or non-State entities; whereas questions are still being asked as to what extent the UN and the EU have produced sufficient evidence of the success of these regimes in restricting the financing of acts of terrorism, bearing in mind the significant impact which these regimes have had on the credibility of the EU's and UN’s commitment to fundamental rights, |
| --- | --- |

C.

whereas the means by which the Union aims to achieve the objectives highlighted above, among them the fight against terrorism, include (but are not limited to) restrictive measures (sanctions) against the governments of third States, natural or legal persons, groups or non-State entities; whereas questions are still being asked as to what extent the UN and the EU have produced sufficient evidence of the success of these regimes in restricting the financing of acts of terrorism, bearing in mind the significant impact which these regimes have had on the credibility of the EU's and UN’s commitment to fundamental rights,

| D. | whereas, in line with general EU practice, no distinction is being made here between the terms ‘sanctions’ and ‘restrictive measures’ (15); whereas the Council has pointed out that sanctions should be targeted in such a way as to have maximum impact on those whose behaviour they are intended to influence; in doing so, accurate targeting should reduce to the absolute minimum any adverse humanitarian effects, the risk of unintended consequences for persons not targeted or possible adverse effects on neighbouring countries, |
| --- | --- |

D.

whereas, in line with general EU practice, no distinction is being made here between the terms ‘sanctions’ and ‘restrictive measures’ (15); whereas the Council has pointed out that sanctions should be targeted in such a way as to have maximum impact on those whose behaviour they are intended to influence; in doing so, accurate targeting should reduce to the absolute minimum any adverse humanitarian effects, the risk of unintended consequences for persons not targeted or possible adverse effects on neighbouring countries,

| E. | whereas Article 215(2) TFEU provides that ‘where a decision adopted in accordance with Chapter 2 of Title V of the Treaty on European Union so provides, the Council may adopt restrictive measures under the procedure referred to in paragraph 1 against natural or legal persons and groups or non-State entities’; and whereas Article 75, first paragraph, TFEU provides that ‘where necessary to achieve the objectives set out in Article 67, as regards preventing and combating terrorism and related activities, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall define a framework for administrative measures with regard to capital movements and payments, such as the freezing of funds, financial assets or economic gains belonging to, or owned or held by, natural or legal persons, groups or non-State entities’, |
| --- | --- |

E.

whereas Article 215(2) TFEU provides that ‘where a decision adopted in accordance with Chapter 2 of Title V of the Treaty on European Union so provides, the Council may adopt restrictive measures under the procedure referred to in paragraph 1 against natural or legal persons and groups or non-State entities’; and whereas Article 75, first paragraph, TFEU provides that ‘where necessary to achieve the objectives set out in Article 67, as regards preventing and combating terrorism and related activities, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall define a framework for administrative measures with regard to capital movements and payments, such as the freezing of funds, financial assets or economic gains belonging to, or owned or held by, natural or legal persons, groups or non-State entities’,

| F. | whereas Article 275, second subparagraph, TFEU also prescribes that ‘the Court shall have jurisdiction [...] to rule on proceedings, brought in accordance with the conditions laid down in the fourth paragraph of Article 263 of this Treaty, reviewing the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council on the basis of Chapter 2 of Title V of the Treaty on European Union’, |
| --- | --- |

F.

whereas Article 275, second subparagraph, TFEU also prescribes that ‘the Court shall have jurisdiction [...] to rule on proceedings, brought in accordance with the conditions laid down in the fourth paragraph of Article 263 of this Treaty, reviewing the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council on the basis of Chapter 2 of Title V of the Treaty on European Union’,

| G. | whereas Article 16(2) TFEU calls on Parliament and the Council to establish a clear and stable framework for data protection with rules ‘relating to the protection of individuals with regard to the processing of personal data by Union institutions, bodies, offices and agencies, and by the Member States when carrying out activities which fall within the scope of Union law, and the rules relating to the free movement of such data’; whereas the same Article states that ‘compliance with these rules shall be subject to the control of independent authorities’; whereas the implication is that the above-mentioned rules would apply also to the processing of personal data by the Union institutions in the area of the common foreign and security policy; whereas Article 39 TEU (in Chapter 2 which is entitled ‘Specific provisions on the common foreign and security policy’) must be read as a derogation from Article 16 TFEU which requires that the ‘Council shall adopt a decision laying down the rules relating to the protection of individuals with regard to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data’; whereas, in the same way as Article 16(2) TFEU, it prescribes that ‘compliance with these rules shall be subject to the control of independent authorities’, |
| --- | --- |

G.

whereas Article 16(2) TFEU calls on Parliament and the Council to establish a clear and stable framework for data protection with rules ‘relating to the protection of individuals with regard to the processing of personal data by Union institutions, bodies, offices and agencies, and by the Member States when carrying out activities which fall within the scope of Union law, and the rules relating to the free movement of such data’; whereas the same Article states that ‘compliance with these rules shall be subject to the control of independent authorities’; whereas the implication is that the above-mentioned rules would apply also to the processing of personal data by the Union institutions in the area of the common foreign and security policy; whereas Article 39 TEU (in Chapter 2 which is entitled ‘Specific provisions on the common foreign and security policy’) must be read as a derogation from Article 16 TFEU which requires that the ‘Council shall adopt a decision laying down the rules relating to the protection of individuals with regard to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data’; whereas, in the same way as Article 16(2) TFEU, it prescribes that ‘compliance with these rules shall be subject to the control of independent authorities’,

| H. | whereas in the above-mentioned Case Kadi and Al Barakaat International Foundation v Council and Commission, the Court of Justice annulled Regulation (EC) No 881/2002, in so far as it concerned Mr Yassin Abdullah Kadi and Al Barakaat International Foundation, and considered that the Community authority deciding to freeze the funds and economic resources of an individual or entity in accordance with Regulation (EC) No 881/2002 must communicate the grounds on which that decision is based to the individual or entity concerned, in order to observe the rights of defence, in particular the right to be heard and the right to judicial review, and that, given that those persons or entities were not informed of the evidence adduced against them, they had also been unable to defend their rights with regard to that evidence in satisfactory conditions before the Community judicature, |
| --- | --- |

H.

whereas in the above-mentioned Case Kadi and Al Barakaat International Foundation v Council and Commission, the Court of Justice annulled Regulation (EC) No 881/2002, in so far as it concerned Mr Yassin Abdullah Kadi and Al Barakaat International Foundation, and considered that the Community authority deciding to freeze the funds and economic resources of an individual or entity in accordance with Regulation (EC) No 881/2002 must communicate the grounds on which that decision is based to the individual or entity concerned, in order to observe the rights of defence, in particular the right to be heard and the right to judicial review, and that, given that those persons or entities were not informed of the evidence adduced against them, they had also been unable to defend their rights with regard to that evidence in satisfactory conditions before the Community judicature,

| I. | whereas the case-law of the Court of First Instance of the European Communities emphasises that judicial review is all the more imperative because it constitutes the only procedural safeguard ensuring that a fair balance is struck between the need to fight international terrorism and the protection of fundamental rights (16); whereas earlier rulings of the Court of First Instance (Joined Cases T-110/03, T-150/03 and T-405/03 Sison v. Council
   (17) upheld three successive Council decisions to deny lawyers for Jose Maria Sison access to the documents underlying the Council’s decision to include him on the list of persons subject to specific restrictive measures under Article 2(3) of Regulation (EC) No 2580/2001, |
| --- | --- |

I.

whereas the case-law of the Court of First Instance of the European Communities emphasises that judicial review is all the more imperative because it constitutes the only procedural safeguard ensuring that a fair balance is struck between the need to fight international terrorism and the protection of fundamental rights (16); whereas earlier rulings of the Court of First Instance (Joined Cases T-110/03, T-150/03 and T-405/03 Sison v. Council
   (17) upheld three successive Council decisions to deny lawyers for Jose Maria Sison access to the documents underlying the Council’s decision to include him on the list of persons subject to specific restrictive measures under Article 2(3) of Regulation (EC) No 2580/2001,

| J. | whereas studies have pointed out that in national systems, the freezing of assets is an interim measure taken pending a judicial determination of a person’s involvement in criminality, whereas it must be observed that at UN and EU level, these sanctions are not to be considered interim measures pending a judicial determination, but de facto alternatives to judicial determinations (18), |
| --- | --- |

J.

whereas studies have pointed out that in national systems, the freezing of assets is an interim measure taken pending a judicial determination of a person’s involvement in criminality, whereas it must be observed that at UN and EU level, these sanctions are not to be considered interim measures pending a judicial determination, but de facto alternatives to judicial determinations (18),

| K. | whereas UN Security Council Resolution S/RES/1822 (2008) has brought some improvements, namely: the requirement that the statements of reasons concerning the grounds for listing a person be published on the Sanctions Committee website; the obligation of Member States to take, in accordance with their domestic laws and practices, all possible measures to notify or inform in a timely manner the listed individual or entity of the designation and to include with that notification a copy of the publicly releasable portion of the case statement and other relevant information; the creation of a ‘focal point’ to which blacklisted people can direct complaints (19); a complete review of all the names on the Consolidated List, |
| --- | --- |

K.

whereas UN Security Council Resolution S/RES/1822 (2008) has brought some improvements, namely: the requirement that the statements of reasons concerning the grounds for listing a person be published on the Sanctions Committee website; the obligation of Member States to take, in accordance with their domestic laws and practices, all possible measures to notify or inform in a timely manner the listed individual or entity of the designation and to include with that notification a copy of the publicly releasable portion of the case statement and other relevant information; the creation of a ‘focal point’ to which blacklisted people can direct complaints (19); a complete review of all the names on the Consolidated List,

| L. | whereas there is still no international legal mechanism for checking/reviewing the accuracy of the information forming the basis of a UN Sanctions Committee blacklisting, or the necessity for, and proportionality of, the measures adopted; whereas the individual still has no right of access to a court or a quasi-judicial body at UN level (20), |
| --- | --- |

L.

whereas there is still no international legal mechanism for checking/reviewing the accuracy of the information forming the basis of a UN Sanctions Committee blacklisting, or the necessity for, and proportionality of, the measures adopted; whereas the individual still has no right of access to a court or a quasi-judicial body at UN level (20),

Need for a coherent and clear approach and proper involvement of Parliament

| 1. | Considers that it is important to reflect on a general framework for all targeted sanctions implemented by the EU against natural or legal persons, entities or bodies, which ensures respect for the fundamental rights of those targeted; |
| --- | --- |

1.

Considers that it is important to reflect on a general framework for all targeted sanctions implemented by the EU against natural or legal persons, entities or bodies, which ensures respect for the fundamental rights of those targeted;

| 2. | Takes the view that, in the specific area of anti-terrorism sanctions, the distinction between ‘external’ and ‘internal’ threats is difficult to justify in practice, especially when such sanctions could also infringe the rights of EU citizens and residents under the Charter (21); considers that a legal framework should be established under Article 75 TFEU for measures with regard to capital movements and payments, such as the freezing of funds, financial assets or economic gains belonging to, or owned or held by, natural or legal persons, groups or non-State entities, including (as pointed out also by its Committee on Legal Affairs) for restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban; such an approach would allow a proper level of democratic accountability through the intervention of Parliament by means of the codecision procedure (ordinary legislative procedure); due account should also be taken of the proper involvement of national parliaments; |
| --- | --- |

2.

Takes the view that, in the specific area of anti-terrorism sanctions, the distinction between ‘external’ and ‘internal’ threats is difficult to justify in practice, especially when such sanctions could also infringe the rights of EU citizens and residents under the Charter (21); considers that a legal framework should be established under Article 75 TFEU for measures with regard to capital movements and payments, such as the freezing of funds, financial assets or economic gains belonging to, or owned or held by, natural or legal persons, groups or non-State entities, including (as pointed out also by its Committee on Legal Affairs) for restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban; such an approach would allow a proper level of democratic accountability through the intervention of Parliament by means of the codecision procedure (ordinary legislative procedure); due account should also be taken of the proper involvement of national parliaments;

| 3. | Considers that with regard to future measures – such as restrictive measures in respect of Zimbabwe and certain specific restrictive measures directed against certain natural and legal persons, entities and bodies in view of the situation in Somalia, taken under Article 215(2) TFEU – the possibility of an optional consultation of Parliament should be taken into account (in accordance with the European Council ‘Solemn Declaration on European Union’, made at Stuttgart on 19 June 1983, providing for the optional consultation of Parliament on international matters even where the Treaties were silent); such an approach could be considered in keeping with the spirit of the Treaty of Lisbon and in line with Parliament's previous (consultative) role in this area; |
| --- | --- |

3.

Considers that with regard to future measures – such as restrictive measures in respect of Zimbabwe and certain specific restrictive measures directed against certain natural and legal persons, entities and bodies in view of the situation in Somalia, taken under Article 215(2) TFEU – the possibility of an optional consultation of Parliament should be taken into account (in accordance with the European Council ‘Solemn Declaration on European Union’, made at Stuttgart on 19 June 1983, providing for the optional consultation of Parliament on international matters even where the Treaties were silent); such an approach could be considered in keeping with the spirit of the Treaty of Lisbon and in line with Parliament's previous (consultative) role in this area;

| 4. | Reiterates its request for a thorough evaluation of the implementation, on an annual basis, of the provisions prescribing restrictive measures and of their effectiveness, together with proper and timely transmission of information to Parliament in such matters; considers that, to this end, sanctions should always be accompanied by clear benchmarks; |
| --- | --- |

4.

Reiterates its request for a thorough evaluation of the implementation, on an annual basis, of the provisions prescribing restrictive measures and of their effectiveness, together with proper and timely transmission of information to Parliament in such matters; considers that, to this end, sanctions should always be accompanied by clear benchmarks;

| 5. | Calls on the Commission to establish a network of independent experts tasked with proposing to the Council the most pertinent restrictive measures in a given situation, reporting regularly on changes in the situation in the light of the reference criteria and the aims being pursued and, where appropriate, suggesting how to implement sanctions more effectively; considers that the establishment of such a network would make for greater transparency, improve the quality of debate about sanctions generally and strengthen the application and continuous monitoring of sanctions in specific cases; |
| --- | --- |

5.

Calls on the Commission to establish a network of independent experts tasked with proposing to the Council the most pertinent restrictive measures in a given situation, reporting regularly on changes in the situation in the light of the reference criteria and the aims being pursued and, where appropriate, suggesting how to implement sanctions more effectively; considers that the establishment of such a network would make for greater transparency, improve the quality of debate about sanctions generally and strengthen the application and continuous monitoring of sanctions in specific cases;

| 6. | Points out that the activities of non-governmental organisations (NGOs) contribute substantially to development, democracy and human rights and that it could be useful to consult them on EU counter-terrorism policies in order to obtain valuable information on the situation in the field; further points out that repressive counter-terrorism measures, should not be an obstacle to their objectives in the areas of development, democracy and human rights; |
| --- | --- |

6.

Points out that the activities of non-governmental organisations (NGOs) contribute substantially to development, democracy and human rights and that it could be useful to consult them on EU counter-terrorism policies in order to obtain valuable information on the situation in the field; further points out that repressive counter-terrorism measures, should not be an obstacle to their objectives in the areas of development, democracy and human rights;

| 7. | Emphasises that the following comments refer, inter alia, to the substance of the proposals put forward by the Commission under the former legal framework, which are now obsolete, having also in view the legal framework established by the Treaty of Lisbon; points out that any reference to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (22) should be considered obsolete; |
| --- | --- |

7.

Emphasises that the following comments refer, inter alia, to the substance of the proposals put forward by the Commission under the former legal framework, which are now obsolete, having also in view the legal framework established by the Treaty of Lisbon; points out that any reference to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (22) should be considered obsolete;

On restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban

| 8. | Points out that, in order to fulfil its commitment to combating terrorism while respecting human rights, it has considered the freezing of the funds and economic resources of certain persons, groups and entities an appropriate instrument to that end; emphasises that the implementation of such measures must be accompanied at all times by strong and adequate safeguards and guarantees, taking into account the extremely severe consequences of ‘blacklisting’ for the individuals or organisations concerned; points out that, in relation to restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, Article 75 TFEU applies; |
| --- | --- |

8.

Points out that, in order to fulfil its commitment to combating terrorism while respecting human rights, it has considered the freezing of the funds and economic resources of certain persons, groups and entities an appropriate instrument to that end; emphasises that the implementation of such measures must be accompanied at all times by strong and adequate safeguards and guarantees, taking into account the extremely severe consequences of ‘blacklisting’ for the individuals or organisations concerned; points out that, in relation to restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, Article 75 TFEU applies;

| 9. | Points to the need for in-depth reflection on the significant criminal law effects of anti-terrorist sanctions and for the adoption at national level of adequate remedies in respect of such blacklisting; |
| --- | --- |

9.

Points to the need for in-depth reflection on the significant criminal law effects of anti-terrorist sanctions and for the adoption at national level of adequate remedies in respect of such blacklisting;

| 10. | Recalls that listing and de-listing procedures for the UN and EU sanctions regimes have been strongly criticised as failing to provide satisfactory protection for fundamental rights (both procedural and substantive) and legal certainty; welcomes, therefore, the recent initiatives taken at EU level to remedy the above-mentioned shortcomings; regrets, however, that the Council in particular has shown limited ambition with regard to ensuring that the revised Regulation (EC) No 881/2002 respects the fundamental rights of the persons and entities concerned; |
| --- | --- |

10.

Recalls that listing and de-listing procedures for the UN and EU sanctions regimes have been strongly criticised as failing to provide satisfactory protection for fundamental rights (both procedural and substantive) and legal certainty; welcomes, therefore, the recent initiatives taken at EU level to remedy the above-mentioned shortcomings; regrets, however, that the Council in particular has shown limited ambition with regard to ensuring that the revised Regulation (EC) No 881/2002 respects the fundamental rights of the persons and entities concerned;

| 11. | Queries, in relation to the ‘statement of reasons’ to be provided, whether either the Commission proposal or the Council text complies with the requirements of the judgment in the above-mentioned Case Kadi and Al Barakaat International Foundation v Council and Commission, which referred to the obligation to communicate the grounds on which, in such cases, the name of a person or entity is included in the list, taking into particular account the right of persons and entities concerned to be informed of the evidence against them; |
| --- | --- |

11.

Queries, in relation to the ‘statement of reasons’ to be provided, whether either the Commission proposal or the Council text complies with the requirements of the judgment in the above-mentioned Case Kadi and Al Barakaat International Foundation v Council and Commission, which referred to the obligation to communicate the grounds on which, in such cases, the name of a person or entity is included in the list, taking into particular account the right of persons and entities concerned to be informed of the evidence against them;

| 12. | Emphasises that evidence in some cases is based primarily on information provided by intelligence services, which may be operating under specific national rules; reiterates its 2008 position that executive privilege should not prevent the full exercise of the right to a judge or lead to impunity in the case of breaches of international law; calls, in this regard, on national parliaments to exercise full oversight over their governments’ activities and urges the full and swift implementation of a European legal framework founded on Article 15 TFEU; reaffirms the need to associate Parliament with the work of the already established Conference of Oversight Committees of the Intelligence Bodies of the Member States; |
| --- | --- |

12.

Emphasises that evidence in some cases is based primarily on information provided by intelligence services, which may be operating under specific national rules; reiterates its 2008 position that executive privilege should not prevent the full exercise of the right to a judge or lead to impunity in the case of breaches of international law; calls, in this regard, on national parliaments to exercise full oversight over their governments’ activities and urges the full and swift implementation of a European legal framework founded on Article 15 TFEU; reaffirms the need to associate Parliament with the work of the already established Conference of Oversight Committees of the Intelligence Bodies of the Member States;

| 13. | Calls for a full and timely assessment of the effectiveness of the EU and UN ‘terrorist’ sanctions regimes; furthermore, notes with concern that ‘terrorist’ sanctions appear to have had an adverse effect on conflict resolution and development efforts in numerous regions and urges that this factor be taken into account when evaluating the regimes; |
| --- | --- |

13.

Calls for a full and timely assessment of the effectiveness of the EU and UN ‘terrorist’ sanctions regimes; furthermore, notes with concern that ‘terrorist’ sanctions appear to have had an adverse effect on conflict resolution and development efforts in numerous regions and urges that this factor be taken into account when evaluating the regimes;

| 14. | Considers that improvements in UN listing and de-listing practices should be pursued as a matter of urgency and that Member States should also work towards improving their internal targeted sanctioning (implementation) procedures, as suggested in the above-mentioned report and addendum by the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe; |
| --- | --- |

14.

Considers that improvements in UN listing and de-listing practices should be pursued as a matter of urgency and that Member States should also work towards improving their internal targeted sanctioning (implementation) procedures, as suggested in the above-mentioned report and addendum by the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe;

On certain restrictive measures in respect of Zimbabwe and on certain specific restrictive measures directed against certain natural and legal persons, entities and bodies in view of the situation in Somalia

| 15. | Considers that the intention of the Council's Common Position 2008/632/CFSP and of the subsequent proposal (draft regulation) – extending the restrictive measures to individuals and entities responsible for human rights violations in Zimbabwe beyond the government – is to be welcomed, as is the alignment of legislation with recent decisions of the Court of Justice regarding the fundamental right to due process enjoyed by individuals and entities who are targeted by restrictive measures; |
| --- | --- |

15.

Considers that the intention of the Council's Common Position 2008/632/CFSP and of the subsequent proposal (draft regulation) – extending the restrictive measures to individuals and entities responsible for human rights violations in Zimbabwe beyond the government – is to be welcomed, as is the alignment of legislation with recent decisions of the Court of Justice regarding the fundamental right to due process enjoyed by individuals and entities who are targeted by restrictive measures;

| 16. | Is of the opinion that careful monitoring must be conducted in order to assess whether the grounds on which the restrictive measures were adopted persist, and to explore how restrictive measures can be combined with credible incentives to promote democracy and human rights in Zimbabwe; |
| --- | --- |

16.

Is of the opinion that careful monitoring must be conducted in order to assess whether the grounds on which the restrictive measures were adopted persist, and to explore how restrictive measures can be combined with credible incentives to promote democracy and human rights in Zimbabwe;

| 17. | Welcomes and supports provisions to ensure that the EU complies with its international commitments to implement immediately targeted sanctions adopted by the UN against individuals and entities found to have been engaging in or providing support for acts that threaten the peace, security or stability of Somalia, having acted in violation of the arms embargo or having obstructed the delivery of humanitarian assistance; |
| --- | --- |

17.

Welcomes and supports provisions to ensure that the EU complies with its international commitments to implement immediately targeted sanctions adopted by the UN against individuals and entities found to have been engaging in or providing support for acts that threaten the peace, security or stability of Somalia, having acted in violation of the arms embargo or having obstructed the delivery of humanitarian assistance;

| 18. | Queries, however, as highlighted above, the adequacy of the texts proposed by the Commission concerning information to be provided to listed persons – about the grounds on which names of persons or entities are included in a list and about their legal rights – in the light of the above-mentioned Case Kadi and Al Barakaat International Foundation v Council and Commission; |
| --- | --- |

18.

Queries, however, as highlighted above, the adequacy of the texts proposed by the Commission concerning information to be provided to listed persons – about the grounds on which names of persons or entities are included in a list and about their legal rights – in the light of the above-mentioned Case Kadi and Al Barakaat International Foundation v Council and Commission;

| 19. | Points out that, as underlined by its Committee on Legal Affairs, Article 215 TFEU would apply to the measures in question, but that a series of conditions should be fulfilled: measures must, for example, be based on a proposal from the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy and the Commission must include the necessary provisions for legal safeguards; |
| --- | --- |

19.

Points out that, as underlined by its Committee on Legal Affairs, Article 215 TFEU would apply to the measures in question, but that a series of conditions should be fulfilled: measures must, for example, be based on a proposal from the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy and the Commission must include the necessary provisions for legal safeguards;

| 20. | Takes the view that Article 291 TFEU should be taken into account in order to adopt implementing measures when Article 215 TFEU is used as the legal basis for future proposals; |
| --- | --- |

20.

Takes the view that Article 291 TFEU should be taken into account in order to adopt implementing measures when Article 215 TFEU is used as the legal basis for future proposals;

On data protection aspects

| 21. | Welcomes the new provisions in the Commission’s proposal on the Al-Qaida text but draws attention to the comments of the EDPS regarding the protection of personal data, with particular reference to clarification of the exemptions from data protection principles that may be necessary and the right of access to classified information; underlines the fact that these reservations on the part of the EDPS could apply mutatis mutandis to all three Commission proposals; regrets that the Council text deletes the clear reference in Article 7e(5) to data subjects’ rights pursuant to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (23), which is mentioned only in Article 7d(1); |
| --- | --- |

21.

Welcomes the new provisions in the Commission’s proposal on the Al-Qaida text but draws attention to the comments of the EDPS regarding the protection of personal data, with particular reference to clarification of the exemptions from data protection principles that may be necessary and the right of access to classified information; underlines the fact that these reservations on the part of the EDPS could apply mutatis mutandis to all three Commission proposals; regrets that the Council text deletes the clear reference in Article 7e(5) to data subjects’ rights pursuant to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (23), which is mentioned only in Article 7d(1);

| 22. | Observes that possible transfers of data to third countries and international organisations should comply with Article 9 of Regulation (EC) No 45/2001, with a view to ensuring adequate protection of the data in question; the proposal may need to include stipulations in this regard and arrangements with the UN may also be necessary; notes that the proposal does not affect the liability which may arise in the event of unlawful processing and publication of personal data; |
| --- | --- |

22.

Observes that possible transfers of data to third countries and international organisations should comply with Article 9 of Regulation (EC) No 45/2001, with a view to ensuring adequate protection of the data in question; the proposal may need to include stipulations in this regard and arrangements with the UN may also be necessary; notes that the proposal does not affect the liability which may arise in the event of unlawful processing and publication of personal data;

| 23. | Underlines the fact that notification of the persons and entities concerned, as called for by the Court of Justice, should be as comprehensive as possible and that the information provided on listed natural persons in given annexes should be clarified (24); |
| --- | --- |

23.

Underlines the fact that notification of the persons and entities concerned, as called for by the Court of Justice, should be as comprehensive as possible and that the information provided on listed natural persons in given annexes should be clarified (24);

| 24. | Notes that independent data protection authorities may play an important role in checking the lawfulness of personal data processing in terrorist blacklists, and can thus perform a quasi-judicial role that could effectively complement the review carried out by judicial authorities (25); |
| --- | --- |

24.

Notes that independent data protection authorities may play an important role in checking the lawfulness of personal data processing in terrorist blacklists, and can thus perform a quasi-judicial role that could effectively complement the review carried out by judicial authorities (25);

| 25. | Considers it to be of the utmost importance that a general framework on data protection, as provided for in Article 16 TFEU, is adopted as soon as possible and that specific provisions as required by Article 39 TEU are also adopted; |
| --- | --- |

25.

Considers it to be of the utmost importance that a general framework on data protection, as provided for in Article 16 TFEU, is adopted as soon as possible and that specific provisions as required by Article 39 TEU are also adopted;

*

* *

| 26. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the Secretaries-General of the United Nations and the Council of Europe. |
| --- | --- |

26.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the Secretaries-General of the United Nations and the Council of Europe.

---

(1)  Foreign Relations Counsellors Working Party note of 22 January 2004 entitled ‘Monitoring and evaluation of restrictive measures (sanctions) in the framework of CFSP – Establishment of a “Sanctions” formation of the Foreign Relations Counsellors Working Party (RELEX/Sanctions)’ (05603/2004); Secretariat note of 7 June 2004 entitled ‘Basic Principles on the Use of Restrictive Measures (Sanctions)’ (10198/1/2004); Secretariat note of 2 December 2005 entitled ‘Guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy’ (15114/2005); Secretariat note of 9 July 2007 entitled ‘Restrictive measures/ – EU Best Practices for the effective implementation of restrictive measures’ (11679/2007) and Foreign Relations Counsellors Working Party note of 24 April 2008 entitled ‘Restrictive measures (Sanctions) – Update of the “EU Best Practices”’ (08666/1/2008).

(2)  OJ L 344, 28.12.2001, p. 90.

(3)  OJ L 344, 28.12.2001, p. 93.

(4)  OJ L 344, 28.12.2001, p. 70.

(5)  OJ L 139, 29.5.2002, p. 4.

(6)  OJ L 139, 29.5.2002, p. 9.

(7)  COM(2009)0187 and Council Document 12883/2009.

(8)  OJ L 46, 17.2.2009, p. 73.

(9)  COM(2009)0393.

(10)  OJ L 50, 20.2.2004, p. 66.

(11)  OJ L 205, 1.8.2008, p. 53.

(12)  COM(2009)0395.

(13)  OJ C 295 E, 4.12.2009, p. 49.

(14)  [2008] ECR I-6351.

(15)  The types of restrictive measures vary and include arms embargoes, trade sanctions, financial/economic sanctions, freezing of assets, flight bans, restriction on admission, diplomatic sanctions, boycotts of sports and cultural events, and suspension of cooperation with a third country.

(16)  Case T-228/02, Organisation des Modjahedines du peuple d'Iran v Council [2006] ECR II-4665, paragraph 155.

(17)  [2005] ECR II-1429.

(18)  I. Cameron, ‘Respecting Human Rights and Fundamental Freedoms and EU/UN Sanctions: State of Play’, October 2008, study, Policy Department External Policies, Directorate General External Policies of the Union, p. 21.

(19)  Simply a ‘clearing house’ for complaints.

(20)  Ibid Cameron, p. 37.

(21)  Ibid Cameron, p. 16-17.

(22)  OJ L 184, 17.7.1999, p. 23.

(23)  OJ L 8, 12.1.2001, p. 1.

(24)  Texts could, for example, include a stipulation that ‘Annex [...] shall include only the information necessary for the purpose of verification of the identity of the listed natural persons and in any case no more than the information provided in points a) to [...]’.

(25)  See H. Hijmans and A. Scirocco, ‘Shortcomings in EU Data Protection in the Third and Second Pillars. Can the Lisbon Treaty be expected to help?’, Common Market Law Review 2009, p. 1512.

---

Thursday 17 December 2009

| 22.10.2010 | EN | Official Journal of the European Union | CE 286/12 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/12

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Thursday 17 December 2009Improvements needed in the legal framework for access to documents following the entry into force of the Lisbon Treaty

P7_TA(2009)0116

European Parliament resolution of 17 December 2009 on improvements needed to the legal framework for access to documents following the entry into force of the Lisbon Treaty, Regulation (EC) No 1049/2001

2010/C 286 E/03

The European Parliament,

having regard to the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU), and the Charter of Fundamental Rights of the European Union,

having regard to the questions of 9 November 2009 to the Commission and Council on the improvement needed in the legal framework for access to documents following the entry into force of the Treaty of Lisbon, Regulation (EC) No 1049/2001 (O-0123/2009 - B7-0231/2009, O-0122/2009 - B7-0230/2009) and to its debate in plenary on 15 December 2009,

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

| A. | whereas the Union ‘places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice’ (Preamble to the Charter of Fundamental Rights), and whereas ‘any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the institutions, bodies, offices and agencies of the Union, whatever their medium’ (Article 42 of the Charter of Fundamental Rights), |
| --- | --- |

A.

whereas the Union ‘places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice’ (Preamble to the Charter of Fundamental Rights), and whereas ‘any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the institutions, bodies, offices and agencies of the Union, whatever their medium’ (Article 42 of the Charter of Fundamental Rights),

| B. | whereas the Treaty of Lisbon has modified ‘not only the legal basis for the regulation governing access to documents, but also the legal context in which the regulation is to operate, in particular in terms of the relationship between the Union's institutions and the citizen’ (1), |
| --- | --- |

B.

whereas the Treaty of Lisbon has modified ‘not only the legal basis for the regulation governing access to documents, but also the legal context in which the regulation is to operate, in particular in terms of the relationship between the Union's institutions and the citizen’ (1),

| C. | whereas that relationship should from now on be framed by the democratic principles outlined in the new Title II of the TEU, which stipulates that ‘the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions’ (Article 9) and that ‘every citizen shall have the right to participate in the democratic life of the Union. Decisions shall be taken as openly and as closely as possible to the citizen’ (Article 10(3)), |
| --- | --- |

C.

whereas that relationship should from now on be framed by the democratic principles outlined in the new Title II of the TEU, which stipulates that ‘the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions’ (Article 9) and that ‘every citizen shall have the right to participate in the democratic life of the Union. Decisions shall be taken as openly and as closely as possible to the citizen’ (Article 10(3)),

| D. | whereas the full integration of the European Community into the EU, as well as the abolition of the intergovernmental regime which still applied to judicial and police cooperation in criminal matters, was driven by the Member States' willingness ‘to enhance further the democratic and efficient functioning of the institutions’ (Preamble to the TEU), |
| --- | --- |

D.

whereas the full integration of the European Community into the EU, as well as the abolition of the intergovernmental regime which still applied to judicial and police cooperation in criminal matters, was driven by the Member States' willingness ‘to enhance further the democratic and efficient functioning of the institutions’ (Preamble to the TEU),

| E. | whereas, in keeping with this new legal framework, all the EU institutions, bodies, offices and agencies, and not just Parliament, the Council or the Commission (which were already bound by Article 255 of the former EC Treaty), are now required to conduct their work as openly as possible (Article 15(1) TFEU), |
| --- | --- |

E.

whereas, in keeping with this new legal framework, all the EU institutions, bodies, offices and agencies, and not just Parliament, the Council or the Commission (which were already bound by Article 255 of the former EC Treaty), are now required to conduct their work as openly as possible (Article 15(1) TFEU),

| F. | whereas according to the TEU and the case-law of the Court of Justice of the European Communities (ECJ) (2) openness and the participation of civil society are essential conditions for promoting good governance of the EU institutions and with it the effectiveness of the decision-making process, |
| --- | --- |

F.

whereas according to the TEU and the case-law of the Court of Justice of the European Communities (ECJ) (2) openness and the participation of civil society are essential conditions for promoting good governance of the EU institutions and with it the effectiveness of the decision-making process,

| G. | whereas, in accordance with the basic principles of democracy, citizens have a right to know and to follow the decision-making process, and whereas enhanced transparency should be guaranteed by the EU Institutions and the Member States' representatives when acting as members of the Council before, during and after the legislative and non-legislative decision-making process in order to allow citizens of the Union and national parliaments to gain a comprehensive insight into who is doing what and why and to monitor the activities of their representatives, |
| --- | --- |

G.

whereas, in accordance with the basic principles of democracy, citizens have a right to know and to follow the decision-making process, and whereas enhanced transparency should be guaranteed by the EU Institutions and the Member States' representatives when acting as members of the Council before, during and after the legislative and non-legislative decision-making process in order to allow citizens of the Union and national parliaments to gain a comprehensive insight into who is doing what and why and to monitor the activities of their representatives,

| H. | whereas the EU institutions ‘shall give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action’ and ‘shall maintain an open, transparent and regular dialogue with representative associations and civil society’ (Article 11(1) and (2) TEU), |
| --- | --- |

H.

whereas the EU institutions ‘shall give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action’ and ‘shall maintain an open, transparent and regular dialogue with representative associations and civil society’ (Article 11(1) and (2) TEU),

| I. | whereas the Treaty of Lisbon calls for further improvements to transparency and public access to documents; and whereas the case-law of the ECJ has already been most helpful in clarifying some of the provisions of Regulation (EC) No 1049/2001, so that these must now be interpreted in line with the access-friendly understanding of these provisions espoused by Parliament when the regulation was adopted; whereas Parliament will not allow any legislative attempts by the Commission or the Council to reduce public access to documents or roll back citizens' rights to information, |
| --- | --- |

I.

whereas the Treaty of Lisbon calls for further improvements to transparency and public access to documents; and whereas the case-law of the ECJ has already been most helpful in clarifying some of the provisions of Regulation (EC) No 1049/2001, so that these must now be interpreted in line with the access-friendly understanding of these provisions espoused by Parliament when the regulation was adopted; whereas Parliament will not allow any legislative attempts by the Commission or the Council to reduce public access to documents or roll back citizens' rights to information,

| J. | whereas the principles of openness and transparency should govern not only the decision-making process, but also the way in which a text is drafted and accompanied by all the information needed to meet the criteria of proportionality and subsidiarity, in the interests of citizens of the Union and national parliaments, and whereas this should also be the case for the judiciary; whereas transparency and access to documents should also be guaranteed in relation to how EU policies are implemented at all levels and how EU funds are used, as enshrined in the Commission's European Transparency Initiative, |
| --- | --- |

J.

whereas the principles of openness and transparency should govern not only the decision-making process, but also the way in which a text is drafted and accompanied by all the information needed to meet the criteria of proportionality and subsidiarity, in the interests of citizens of the Union and national parliaments, and whereas this should also be the case for the judiciary; whereas transparency and access to documents should also be guaranteed in relation to how EU policies are implemented at all levels and how EU funds are used, as enshrined in the Commission's European Transparency Initiative,

| K. | whereas the ECJ has confirmed that openness and access to information ‘contribute to conferring greater legitimacy on the institutions in the eyes of citizens of the Union and increasing their confidence in them by allowing divergences between various points of view to be openly debated. It is in fact rather a lack of information and debate which is capable of giving rise to doubts in the minds of citizens, not only as regards the lawfulness of an isolated act, but also as regards the legitimacy of the decision-making process as a whole’ (Joined Cases C-39/05 P and C-52/05 P, paragraph 59), |
| --- | --- |

K.

whereas the ECJ has confirmed that openness and access to information ‘contribute to conferring greater legitimacy on the institutions in the eyes of citizens of the Union and increasing their confidence in them by allowing divergences between various points of view to be openly debated. It is in fact rather a lack of information and debate which is capable of giving rise to doubts in the minds of citizens, not only as regards the lawfulness of an isolated act, but also as regards the legitimacy of the decision-making process as a whole’ (Joined Cases C-39/05 P and C-52/05 P, paragraph 59),

| L. | whereas long-awaited legal, financial and operational measures should be taken in order to ensure that all the documents relating to a specific legislative procedure are made accessible in a clear and timely manner, whether they originate from internal services or from outside interest groups; whereas this information could be made available on an interinstitutional Internet site linking the institutions' internal registers (such as the Publications Office of the European Union's revamped EUR-Lex site); and whereas internal rules should be amended accordingly and binding interinstitutional agreements negotiated expeditiously on the basis of Article 295 TFEU, |
| --- | --- |

L.

whereas long-awaited legal, financial and operational measures should be taken in order to ensure that all the documents relating to a specific legislative procedure are made accessible in a clear and timely manner, whether they originate from internal services or from outside interest groups; whereas this information could be made available on an interinstitutional Internet site linking the institutions' internal registers (such as the Publications Office of the European Union's revamped EUR-Lex site); and whereas internal rules should be amended accordingly and binding interinstitutional agreements negotiated expeditiously on the basis of Article 295 TFEU,

| M. | whereas the new powers of the European Union and, in particular, of Parliament in areas such as international agreements on police and judicial cooperation in criminal matters require a stronger legal framework to be laid down in Articles 4 and 9 of Regulation (EC) No 1049/2001 so that EU security can be properly safeguarded whilst at the same time granting full oversight to Parliament as the representative of citizens of the Union, |
| --- | --- |

M.

whereas the new powers of the European Union and, in particular, of Parliament in areas such as international agreements on police and judicial cooperation in criminal matters require a stronger legal framework to be laid down in Articles 4 and 9 of Regulation (EC) No 1049/2001 so that EU security can be properly safeguarded whilst at the same time granting full oversight to Parliament as the representative of citizens of the Union,

| N. | whereas several EU Member States have already adopted either ‘freedom of information acts’ or general rules governing access to the information and documents held by public institutions, |
| --- | --- |

N.

whereas several EU Member States have already adopted either ‘freedom of information acts’ or general rules governing access to the information and documents held by public institutions,

| 1. | Considers that, following the entry into force of the Treaty of Lisbon, Regulation (EC) No 1049/2001 should be urgently updated by:






  (a) | widening its scope to encompass all the EU institutions, bodies, offices and agencies currently not covered, such as the European Council, the European Central Bank, the ECJ, Europol and Eurojust; |
| --- | --- | --- |

1.

Considers that, following the entry into force of the Treaty of Lisbon, Regulation (EC) No 1049/2001 should be urgently updated by:

(a)

widening its scope to encompass all the EU institutions, bodies, offices and agencies currently not covered, such as the European Council, the European Central Bank, the ECJ, Europol and Eurojust;

| (b) | amending the provisions dealing with legislative and non-legislative procedures in accordance with the new definitions contained in the Treaties; |
| --- | --- |

(b)

amending the provisions dealing with legislative and non-legislative procedures in accordance with the new definitions contained in the Treaties;

| (c) | updating, on the basis of recent ECJ case-law, the rules which deal in particular with the treatment of internal documents, information and data, to ensure wider access to Legal Service opinions drafted within the framework of the decision-making process, documents and information relating to the work of Member State representatives when acting as members of the Council - including the acts, proposals and amendments tabled, transcripts of meetings, their positions and votes cast in the Council, including in its working groups and expert groups - documents relating to international agreements, the protection of personal data and commercial interests, the content of the institutions' registers, etc.; |
| --- | --- |

(c)

updating, on the basis of recent ECJ case-law, the rules which deal in particular with the treatment of internal documents, information and data, to ensure wider access to Legal Service opinions drafted within the framework of the decision-making process, documents and information relating to the work of Member State representatives when acting as members of the Council - including the acts, proposals and amendments tabled, transcripts of meetings, their positions and votes cast in the Council, including in its working groups and expert groups - documents relating to international agreements, the protection of personal data and commercial interests, the content of the institutions' registers, etc.;

| (d) | granting access to the information available in the EU institutions which makes it possible to evaluate objectively the implementation of EU rules, acts, measures and programmes in the Member States; ensuring greater financial transparency by providing detailed information concerning the EU budget, its implementation and the beneficiaries of EU funds and grants; |
| --- | --- |

(d)

granting access to the information available in the EU institutions which makes it possible to evaluate objectively the implementation of EU rules, acts, measures and programmes in the Member States; ensuring greater financial transparency by providing detailed information concerning the EU budget, its implementation and the beneficiaries of EU funds and grants;

| (e) | establishing, by means of a transparent procedure and in full compliance with democratic principles and the rule of law, the general principles and restrictions on grounds of public or private interest limiting access to documents which are exceptionally to be classified as ‘Très secret/Top Secret’, ‘Secret’ or ‘Confidentiel’ in order to protect the EU's essential interests (Article 9 of Regulation (EC) No 1049/2001); |
| --- | --- |

(e)

establishing, by means of a transparent procedure and in full compliance with democratic principles and the rule of law, the general principles and restrictions on grounds of public or private interest limiting access to documents which are exceptionally to be classified as ‘Très secret/Top Secret’, ‘Secret’ or ‘Confidentiel’ in order to protect the EU's essential interests (Article 9 of Regulation (EC) No 1049/2001);

| (f) | defining the principles which could be developed by means of interinstitutional agreements under Article 295 TFEU with a view to implementing in a coordinated way the new regulation on better lawmaking; |
| --- | --- |

(f)

defining the principles which could be developed by means of interinstitutional agreements under Article 295 TFEU with a view to implementing in a coordinated way the new regulation on better lawmaking;

| (g) | making EU documents more accessible by creating more user-friendly systems; |
| --- | --- |

(g)

making EU documents more accessible by creating more user-friendly systems;

| (h) | ensuring that Parliament leads by example in the EU by ensuring the widest degree of openness, transparency and access to documents; |
| --- | --- |

(h)

ensuring that Parliament leads by example in the EU by ensuring the widest degree of openness, transparency and access to documents;

| 2. | Notes that on 2 December 2009, following the entry into force of the Treaty of Lisbon, the Commission approved a Communication (COM(2009)0665) which updated the legal basis of the original proposal while avoiding any modification of its content; |
| --- | --- |

2.

Notes that on 2 December 2009, following the entry into force of the Treaty of Lisbon, the Commission approved a Communication (COM(2009)0665) which updated the legal basis of the original proposal while avoiding any modification of its content;

| 3. | Deplores the fact that, in spite of the clear requests it made on 11 March 2009:






  — | the Commission did not prepare a modified version of its legislative proposal COM(2008)0229 and, on 2 December 2009, following the entry into force of the Treaty of Lisbon, approved a Communication (COM(2009)0665) which updated only the legal basis for the original proposal, avoiding any modification of its content; |
| --- | --- | --- |

3.

Deplores the fact that, in spite of the clear requests it made on 11 March 2009:

—

the Commission did not prepare a modified version of its legislative proposal COM(2008)0229 and, on 2 December 2009, following the entry into force of the Treaty of Lisbon, approved a Communication (COM(2009)0665) which updated only the legal basis for the original proposal, avoiding any modification of its content;

| — | the Council has adopted its internal rules (Decision 2009/937/EU of 1 December 2009) and a revision of its security regulations (Document 13885/1/09) and the Member States are negotiating an agreement on the protection of classified information exchanged in the interests of the EU (Document 13886/09); wishes to evaluate these texts thoroughly to establish that they do not affect citizens' general right of access or interinstitutional cooperation; |
| --- | --- |

—

the Council has adopted its internal rules (Decision 2009/937/EU of 1 December 2009) and a revision of its security regulations (Document 13885/1/09) and the Member States are negotiating an agreement on the protection of classified information exchanged in the interests of the EU (Document 13886/09); wishes to evaluate these texts thoroughly to establish that they do not affect citizens' general right of access or interinstitutional cooperation;

| 4. | Calls on the current and the incoming Council Presidencies to launch an immediate interinstitutional dialogue at political level with a view to drawing up the new regulation on access to documents by 30 June 2010 at the very latest; |
| --- | --- |

4.

Calls on the current and the incoming Council Presidencies to launch an immediate interinstitutional dialogue at political level with a view to drawing up the new regulation on access to documents by 30 June 2010 at the very latest;

| 5. | Welcomes warmly, in this context, the meeting of the interinstitutional committee on access to documents set up in accordance with Article 15 of Regulation (EC) No 1049/2001, which took place on 15 December 2009; notes its conclusions, in particular on:






  (a) | holding regular meetings at political level, in the first instance in May 2010 and thereafter at least once a year; |
| --- | --- | --- |

5.

Welcomes warmly, in this context, the meeting of the interinstitutional committee on access to documents set up in accordance with Article 15 of Regulation (EC) No 1049/2001, which took place on 15 December 2009; notes its conclusions, in particular on:

(a)

holding regular meetings at political level, in the first instance in May 2010 and thereafter at least once a year;

| (b) | setting up technical working groups, comprising IT staff in particular, to examine the possibility of gathering the links to websites that promote citizens' access to documents on one single web page, ensuring the complementarity of the institutions' public registers, gradually approximating the existing search tools, and improving access to all documents linked to a specific legislative file by grouping together all documents of the three institutions belonging to that file; |
| --- | --- |

(b)

setting up technical working groups, comprising IT staff in particular, to examine the possibility of gathering the links to websites that promote citizens' access to documents on one single web page, ensuring the complementarity of the institutions' public registers, gradually approximating the existing search tools, and improving access to all documents linked to a specific legislative file by grouping together all documents of the three institutions belonging to that file;

| 6. | Instructs its President to forward this resolution to the European Council, the Council, the Commission and the parliaments of the Member States. |
| --- | --- |

6.

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

---

(1)  EP Legal Service opinion of 10 October 2009, paragraph 3.

(2)  As quoted by the ECJ in the Turco judgment (Joined Cases C-39/05 P and C-52/05 P), Regulation (EC)1049/2001 states that ‘openness (...) enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a democratic system’.

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| 22.10.2010 | EN | Official Journal of the European Union | CE 286/16 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/16

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Thursday 17 December 2009Belarus

P7_TA(2009)0117

European Parliament resolution of 17 December 2009 on Belarus

2010/C 286 E/04

The European Parliament,

having regard to its previous resolutions on the situation in Belarus, in particular that of 2 April 2009 on bi-annual evaluation of the EU-Belarus dialogue (1),

having regard to the conclusions on Belarus reached by the General Affairs and External Relations Council at its meeting of 17 November 2009, involving a further suspension of the application of the visa ban on certain Belarusian officials, including President Alexander Lukashenko, and the extension of the restrictive measures until October 2010,

having regard to the Commission Communication of 3 December 2008 concerning the Eastern Partnership (COM(2008)0823),

having regard to the Declaration on the Eastern Partnership issued by the European Council at its meeting of 19-20 March 2009 and to the Joint Declaration issued at the Prague Eastern Partnership Summit of 7 May 2009,

having regard to the Commission statement of 21 November 2006 on the European Union's readiness to renew its relationship with Belarus and its people within the framework of the European Neighbourhood Policy (ENP),

having regard to the EU Presidency statement in the Organisation for Security and Co-operation in Europe (OSCE) on the death penalty in Belarus of 29 October 2009,

having regard to Rule 110(4) of its Rules of Procedure,

| A. | whereas the Council in its above mentioned conclusions of 17 November 2009 recognises that new possibilities have opened up for dialogue and deepened cooperation between the European Union and Belarus with the aim of fostering genuine progress towards democracy and respect for human rights, and reaffirms its readiness to deepen the European Union's relations with Belarus, subject to further progress towards democracy, human rights and the rule of law, and to assist the country in attaining these objectives, |
| --- | --- |

A.

whereas the Council in its above mentioned conclusions of 17 November 2009 recognises that new possibilities have opened up for dialogue and deepened cooperation between the European Union and Belarus with the aim of fostering genuine progress towards democracy and respect for human rights, and reaffirms its readiness to deepen the European Union's relations with Belarus, subject to further progress towards democracy, human rights and the rule of law, and to assist the country in attaining these objectives,

| B. | whereas the European Union sees Belarus as a partner on issues ranging from energy security, to transport, cultural cooperation, the environment and food safety, |
| --- | --- |

B.

whereas the European Union sees Belarus as a partner on issues ranging from energy security, to transport, cultural cooperation, the environment and food safety,

| C. | whereas the Council, after evaluating developments in Belarus following the decision taken on 16 March 2009 in accordance with the terms set out in its Common Position 2009/314/CFSP, has decided to extend the restrictive measures against certain Belarusian officials but to suspend the application of the restrictions on travelling to the EU, both until October 2010, |
| --- | --- |

C.

whereas the Council, after evaluating developments in Belarus following the decision taken on 16 March 2009 in accordance with the terms set out in its Common Position 2009/314/CFSP, has decided to extend the restrictive measures against certain Belarusian officials but to suspend the application of the restrictions on travelling to the EU, both until October 2010,

| D. | whereas some positive steps, such as the release of a number of political prisoners and the authorisation to distribute two independent newspapers, have been taken since October 2008, |
| --- | --- |

D.

whereas some positive steps, such as the release of a number of political prisoners and the authorisation to distribute two independent newspapers, have been taken since October 2008,

| E. | whereas, in response to the positive steps taken by Belarus, the Commission has already entered into an intensified dialogue with that country in fields such as energy, the environment, customs, transport and food safety, |
| --- | --- |

E.

whereas, in response to the positive steps taken by Belarus, the Commission has already entered into an intensified dialogue with that country in fields such as energy, the environment, customs, transport and food safety,

| F. | whereas the Council included Belarus in its decision of 20 March 2009 on the Eastern Partnership Initiative, which the Commission launched in its above-mentioned communication of 3 December 2008 with a view to stepping up cooperation with a number of eastern European countries; whereas one of the objectives of Belarus's participation in the Eastern Partnership Initiative and its parliamentary branch Euronest is to intensify cooperation between the country and the EU, including its people-to-people dimension, |
| --- | --- |

F.

whereas the Council included Belarus in its decision of 20 March 2009 on the Eastern Partnership Initiative, which the Commission launched in its above-mentioned communication of 3 December 2008 with a view to stepping up cooperation with a number of eastern European countries; whereas one of the objectives of Belarus's participation in the Eastern Partnership Initiative and its parliamentary branch Euronest is to intensify cooperation between the country and the EU, including its people-to-people dimension,

| G. | whereas the International Federation of Journalists, on the basis of the report of its fact-finding mission to Minsk of 20-24 September 2009, carried out in collaboration with several international non-governmental organisations (NGOs), has not identified any significant progress in the area of media freedom in Belarus, |
| --- | --- |

G.

whereas the International Federation of Journalists, on the basis of the report of its fact-finding mission to Minsk of 20-24 September 2009, carried out in collaboration with several international non-governmental organisations (NGOs), has not identified any significant progress in the area of media freedom in Belarus,

| H. | whereas Belarus has committed itself to consider the recommendations made by the OSCE and its Office for Democratic Institutions and Human Rights (ODIHR) regarding improvements to its electoral law in order to bring it into line with international standards for democratic elections and to consult about the proposed amendments with the OSCE; whereas the National Assembly of Belarus has recently passed a reform of the Electoral Code without prior consultation of the OSCE, |
| --- | --- |

H.

whereas Belarus has committed itself to consider the recommendations made by the OSCE and its Office for Democratic Institutions and Human Rights (ODIHR) regarding improvements to its electoral law in order to bring it into line with international standards for democratic elections and to consult about the proposed amendments with the OSCE; whereas the National Assembly of Belarus has recently passed a reform of the Electoral Code without prior consultation of the OSCE,

| I. | whereas Belarus remains the sole European country still using the death penalty; whereas further death sentences have been pronounced in recent months, |
| --- | --- |

I.

whereas Belarus remains the sole European country still using the death penalty; whereas further death sentences have been pronounced in recent months,

| J. | whereas on 2 November 2009 the Belarusian President Alexander Lukashenko stated that ‘relations with the European Union as a powerful consolidated partner are one of the fundamental factors in securing Belarus's independence and sovereignty, as well as economic, scientific and technological development’, |
| --- | --- |

J.

whereas on 2 November 2009 the Belarusian President Alexander Lukashenko stated that ‘relations with the European Union as a powerful consolidated partner are one of the fundamental factors in securing Belarus's independence and sovereignty, as well as economic, scientific and technological development’,

| 1. | Supports the Council's decision to extend the restrictive measures against certain Belarusian officials but at the same time to further suspend the application of the travel restrictions until October 2010; |
| --- | --- |

1.

Supports the Council's decision to extend the restrictive measures against certain Belarusian officials but at the same time to further suspend the application of the travel restrictions until October 2010;

| 2. | Stresses that the increased political dialogue and the establishment of the Human Rights Dialogue between the European Union and Belarus must lead to concrete results and substantial progress in the fields of democratic reforms and respect for human rights and the rule of law; |
| --- | --- |

2.

Stresses that the increased political dialogue and the establishment of the Human Rights Dialogue between the European Union and Belarus must lead to concrete results and substantial progress in the fields of democratic reforms and respect for human rights and the rule of law;

| 3. | Welcomes the constructive and active participation of Belarus in the Eastern Partnership, an initiative aimed at strengthening democracy and the rule of law and promoting European cooperation; regards Belarus's participation in the Eastern Partnership as a way forward to promote further dialogue with the European Union and deeper rapprochement based on a readiness and commitment on the part of Belarus to attain these objectives; welcomes trilateral cooperation between Lithuania, Belarus and Ukraine in the framework of the Eastern Partnership, with priority given to projects on integrated border management, transport and transit, the common cultural and historical heritage, social security and energy security; |
| --- | --- |

3.

Welcomes the constructive and active participation of Belarus in the Eastern Partnership, an initiative aimed at strengthening democracy and the rule of law and promoting European cooperation; regards Belarus's participation in the Eastern Partnership as a way forward to promote further dialogue with the European Union and deeper rapprochement based on a readiness and commitment on the part of Belarus to attain these objectives; welcomes trilateral cooperation between Lithuania, Belarus and Ukraine in the framework of the Eastern Partnership, with priority given to projects on integrated border management, transport and transit, the common cultural and historical heritage, social security and energy security;

| 4. | Calls on the Commission to draft a proposal on a joint interim plan for Belarus setting priorities for reforms inspired by the action plans developed in the framework of the ENP in order to revitalise the suspended ratification procedure for the EU-Belarus Partnership and Cooperation Agreement; takes the view, in this respect, that the Partnership and Cooperation Agreement between the EU and Belarus, which has been frozen since 1997, should be reactivated once all the political reforms have been completed and implemented; |
| --- | --- |

4.

Calls on the Commission to draft a proposal on a joint interim plan for Belarus setting priorities for reforms inspired by the action plans developed in the framework of the ENP in order to revitalise the suspended ratification procedure for the EU-Belarus Partnership and Cooperation Agreement; takes the view, in this respect, that the Partnership and Cooperation Agreement between the EU and Belarus, which has been frozen since 1997, should be reactivated once all the political reforms have been completed and implemented;

| 5. | Calls on the European Investment Bank and the European Bank for Reconstruction and Development to consider increasing their financial assistance to Belarus, paying special attention to the situation of small and medium-sized enterprises, while reviewing their mandate in order to encourage the transition of Belarus towards democracy, a pluralistic society and a market economy; believes that this possible financial support should be made contingent on the achievement of substantial progress in the areas outlined below; |
| --- | --- |

5.

Calls on the European Investment Bank and the European Bank for Reconstruction and Development to consider increasing their financial assistance to Belarus, paying special attention to the situation of small and medium-sized enterprises, while reviewing their mandate in order to encourage the transition of Belarus towards democracy, a pluralistic society and a market economy; believes that this possible financial support should be made contingent on the achievement of substantial progress in the areas outlined below;

| 6. | Calls on the Commission to consider measures to improve the business climate, trade, investment, energy and transport infrastructure and cross-border cooperation between the European Union and Belarus; takes note of the efforts and achievements of Belarus in countering the effects of the financial and economic crisis and boosting the economy by easing investment barriers and reforming property rights and the private sector; |
| --- | --- |

6.

Calls on the Commission to consider measures to improve the business climate, trade, investment, energy and transport infrastructure and cross-border cooperation between the European Union and Belarus; takes note of the efforts and achievements of Belarus in countering the effects of the financial and economic crisis and boosting the economy by easing investment barriers and reforming property rights and the private sector;

| 7. | Stresses that the efforts made to tackle corruption, increase transparency and strengthen the rule of law, which are fundamental to attracting more foreign investment, have not been sufficient; |
| --- | --- |

7.

Stresses that the efforts made to tackle corruption, increase transparency and strengthen the rule of law, which are fundamental to attracting more foreign investment, have not been sufficient;

| 8. | Calls on the Commission to prepare recommendations for the possible adoption of directives on visa facilitation and readmission agreements with Belarus once the relevant conditions have been met; believes that such action is crucial to achieving the main goals of EU policy towards Belarus, namely enhancing people-to-people contact, making Belarus part of European and regional processes and rendering the democratisation process in the country irreversible; |
| --- | --- |

8.

Calls on the Commission to prepare recommendations for the possible adoption of directives on visa facilitation and readmission agreements with Belarus once the relevant conditions have been met; believes that such action is crucial to achieving the main goals of EU policy towards Belarus, namely enhancing people-to-people contact, making Belarus part of European and regional processes and rendering the democratisation process in the country irreversible;

| 9. | Urges the Council and the Commission, in this context, to consider the scope for reducing the cost of visas for Belarusian citizens entering the Schengen Area and simplifying the procedure for obtaining visas; underlines that the long-term objective is visa-free travel between the European Union and Belarus; urges the Belarusian authorities to sign the visa-free travel agreement for border zone inhabitants with neighbouring EU countries; |
| --- | --- |

9.

Urges the Council and the Commission, in this context, to consider the scope for reducing the cost of visas for Belarusian citizens entering the Schengen Area and simplifying the procedure for obtaining visas; underlines that the long-term objective is visa-free travel between the European Union and Belarus; urges the Belarusian authorities to sign the visa-free travel agreement for border zone inhabitants with neighbouring EU countries;

| 10. | Strongly condemns the recent denials of entry visas to Agnieszka Romaszewska, a director of TV Belsat, professors from Bialystok University, Christos Pourgourides, a Member of the Cyprus Parliament, and Emanuelis Zingeris, a Member of the Lithuanian Parliament; |
| --- | --- |

10.

Strongly condemns the recent denials of entry visas to Agnieszka Romaszewska, a director of TV Belsat, professors from Bialystok University, Christos Pourgourides, a Member of the Cyprus Parliament, and Emanuelis Zingeris, a Member of the Lithuanian Parliament;

| 11. | Calls on the Council and the Commission, should Belarus make significant progress during the next year and fulfil the relevant criteria, to consider lifting the travel ban on a permanent basis, as well as taking measures to facilitate economic and social progress and speeding up the process of Belarus's integration into the European family of democratic nations; |
| --- | --- |

11.

Calls on the Council and the Commission, should Belarus make significant progress during the next year and fulfil the relevant criteria, to consider lifting the travel ban on a permanent basis, as well as taking measures to facilitate economic and social progress and speeding up the process of Belarus's integration into the European family of democratic nations;

| 12. | Notes that new impetus should be given to mutually fruitful dialogue between Belarus and the European Union through interparliamentary cooperation within Euronest; notes that Belarus will be invited to participate fully and on an equal basis in the Euronest Assembly - the parliamentary dimension of the Eastern Partnership - as soon as free and fair elections to the Belarusian Parliament take place and considers that until then interim provisions should be applied; |
| --- | --- |

12.

Notes that new impetus should be given to mutually fruitful dialogue between Belarus and the European Union through interparliamentary cooperation within Euronest; notes that Belarus will be invited to participate fully and on an equal basis in the Euronest Assembly - the parliamentary dimension of the Eastern Partnership - as soon as free and fair elections to the Belarusian Parliament take place and considers that until then interim provisions should be applied;

| 13. | Is of the opinion that all EU Member States and their governments should pursue a coherent stance in their relations with third countries based on the Common Positions agreed in the Council; also considers that the European institutions should follow a joint strategy and combine efforts in pursuing concrete results in the EU's relations with Belarus; calls on all representatives of the European Union and Member States to hold political meetings with representatives of the democratic opposition, particularly when visiting Belarus; |
| --- | --- |

13.

Is of the opinion that all EU Member States and their governments should pursue a coherent stance in their relations with third countries based on the Common Positions agreed in the Council; also considers that the European institutions should follow a joint strategy and combine efforts in pursuing concrete results in the EU's relations with Belarus; calls on all representatives of the European Union and Member States to hold political meetings with representatives of the democratic opposition, particularly when visiting Belarus;

| 14. | Urges Belarus to continue to cooperate with the Office for Democratic Institutions and Human Rights at the Organisation for Security and Cooperation in Europe (OSCE/ODIHR) on the electoral code and expects the new Electoral Law to be in line with international standards and to enter into the force before the local elections planned for spring 2010; |
| --- | --- |

14.

Urges Belarus to continue to cooperate with the Office for Democratic Institutions and Human Rights at the Organisation for Security and Cooperation in Europe (OSCE/ODIHR) on the electoral code and expects the new Electoral Law to be in line with international standards and to enter into the force before the local elections planned for spring 2010;

| 15. | Insists that clear and significant progress towards democratisation is expected within the next year in order for the sanctions to be completely lifted and that the conditions for full re-engagement with Belarus should be:






  — | ensuring respect for freedom of expression by bringing the Media Law into line with the recommendations contained in the report of the International Fact-Finding Mission to the Republic of Belarus of 20-24 September 2009; |
| --- | --- | --- |

15.

Insists that clear and significant progress towards democratisation is expected within the next year in order for the sanctions to be completely lifted and that the conditions for full re-engagement with Belarus should be:

—

ensuring respect for freedom of expression by bringing the Media Law into line with the recommendations contained in the report of the International Fact-Finding Mission to the Republic of Belarus of 20-24 September 2009;

| — | guaranteeing freedom of association and assembly by repealing Article 193-1 of the Belarus Criminal Code, which makes activity on behalf of unregistered public associations, political parties and foundations a criminal offence; |
| --- | --- |

—

guaranteeing freedom of association and assembly by repealing Article 193-1 of the Belarus Criminal Code, which makes activity on behalf of unregistered public associations, political parties and foundations a criminal offence;

| — | allowing the registration of all political parties and civil society organisations; |
| --- | --- |

—

allowing the registration of all political parties and civil society organisations;

| — | safeguarding freedom of religion for religious denominations other than the Orthodox Church, in particular to let New Life Church operate freely; |
| --- | --- |

—

safeguarding freedom of religion for religious denominations other than the Orthodox Church, in particular to let New Life Church operate freely;

| — | to avoid hampering the activities of organisations already operating in Belarus, for example by raising rents (as was the case regarding the Belarusian Popular Front) or imposing illegal taxes on projects carried out using EU grants (for example, the Belarusian Helsinki Committee); |
| --- | --- |

—

to avoid hampering the activities of organisations already operating in Belarus, for example by raising rents (as was the case regarding the Belarusian Popular Front) or imposing illegal taxes on projects carried out using EU grants (for example, the Belarusian Helsinki Committee);

| — | creating favourable conditions for the operation of NGOs and independent media; |
| --- | --- |

—

creating favourable conditions for the operation of NGOs and independent media;

| — | guaranteeing political rights and freedoms by discontinuing the practice of politically motivated acts of intimidation, in particular dismissals from jobs and universities (as was the case regarding Tatsyana Shaputska, expelled from her university for participation in an Eastern Partnership civil society forum in Brussels); |
| --- | --- |

—

guaranteeing political rights and freedoms by discontinuing the practice of politically motivated acts of intimidation, in particular dismissals from jobs and universities (as was the case regarding Tatsyana Shaputska, expelled from her university for participation in an Eastern Partnership civil society forum in Brussels);

| — | stopping prosecutions, for allegedly avoiding military service, of students who have been expelled from universities for their civic stance and are being forced to obtain their education abroad; |
| --- | --- |

—

stopping prosecutions, for allegedly avoiding military service, of students who have been expelled from universities for their civic stance and are being forced to obtain their education abroad;

| — | reviewing all the cases of forcible conscription which have violated the legal rights of several young activists, such as Franak Viačorka, Ivan Šyla and Zmiter Fedaruk, and which are tantamount to State-practised hostage-taking; |
| --- | --- |

—

reviewing all the cases of forcible conscription which have violated the legal rights of several young activists, such as Franak Viačorka, Ivan Šyla and Zmiter Fedaruk, and which are tantamount to State-practised hostage-taking;

| 16. | Notes with regret that, after initial positive steps undertaken by the Belarus Government, no further essential progress has been made in the field of human rights and fundamental freedoms; recalls in this respect the continued repression of political opponents and the refusal to register political parties (Belarusian Christian Democracy), NGOs (‘Viasna’) and independent media (TV Belsat); calls on the Belarusian authorities to review the sentences involving restrictions on their freedom imposed on the participants in a peaceful demonstration held in January 2008 and the imprisonment of Artsyom Dubski; points out that Amnesty International regards all these persons as prisoners of conscience; calls for the immediate release of the entrepreneurs Mikalai Awtukhovich and Uladzimir Asipenka, who have been held in pre-trial detention for eight months; |
| --- | --- |

16.

Notes with regret that, after initial positive steps undertaken by the Belarus Government, no further essential progress has been made in the field of human rights and fundamental freedoms; recalls in this respect the continued repression of political opponents and the refusal to register political parties (Belarusian Christian Democracy), NGOs (‘Viasna’) and independent media (TV Belsat); calls on the Belarusian authorities to review the sentences involving restrictions on their freedom imposed on the participants in a peaceful demonstration held in January 2008 and the imprisonment of Artsyom Dubski; points out that Amnesty International regards all these persons as prisoners of conscience; calls for the immediate release of the entrepreneurs Mikalai Awtukhovich and Uladzimir Asipenka, who have been held in pre-trial detention for eight months;

| 17. | Calls on the Government of Belarus immediately to establish a moratorium on all death sentences and executions with a view to abolishing the death penalty (as provided for by UN General Assembly Resolution 62/149 of 18 December 2007 on a moratorium on the use of the death penalty), to commute without delay the sentences of all prisoners currently on death row to terms of imprisonment, to bring domestic legislation into line with the country's obligations under international human rights treaties and to ensure that the internationally recognised standards for fair trials are rigorously respected; |
| --- | --- |

17.

Calls on the Government of Belarus immediately to establish a moratorium on all death sentences and executions with a view to abolishing the death penalty (as provided for by UN General Assembly Resolution 62/149 of 18 December 2007 on a moratorium on the use of the death penalty), to commute without delay the sentences of all prisoners currently on death row to terms of imprisonment, to bring domestic legislation into line with the country's obligations under international human rights treaties and to ensure that the internationally recognised standards for fair trials are rigorously respected;

| 18. | Urges the Belarusian authorities to initiate unbiased and transparent investigations into the kidnappings of young activists (Artur Finkevic, kidnapped on 17 October 2009, Nasta Palazhanka and Dzianis Karnou, both on 5 December 2009, Uladzimir Lemesh, on 27 November 2009, Zmitser Dashkevich, on 5 December 2009, and Yauhen Afnahel on 6 December 2009) and the recent death of Valiantsin Dounar, a Belarusian Popular Front member and activist, and to publish the results of the investigations; |
| --- | --- |

18.

Urges the Belarusian authorities to initiate unbiased and transparent investigations into the kidnappings of young activists (Artur Finkevic, kidnapped on 17 October 2009, Nasta Palazhanka and Dzianis Karnou, both on 5 December 2009, Uladzimir Lemesh, on 27 November 2009, Zmitser Dashkevich, on 5 December 2009, and Yauhen Afnahel on 6 December 2009) and the recent death of Valiantsin Dounar, a Belarusian Popular Front member and activist, and to publish the results of the investigations;

| 19. | Calls on the Belarusian authorities to respect the rights of national minorities in accordance with the Council of Europe Framework Convention for the Protection of National Minorities of 1 February 1995; in that connection, urges the Belarusian authorities to recognise the Union of Poles in Belarus led by Angelika Borys, who was re-elected as its chairwoman at the Congress of the Union of Poles on 15 March 2009; |
| --- | --- |

19.

Calls on the Belarusian authorities to respect the rights of national minorities in accordance with the Council of Europe Framework Convention for the Protection of National Minorities of 1 February 1995; in that connection, urges the Belarusian authorities to recognise the Union of Poles in Belarus led by Angelika Borys, who was re-elected as its chairwoman at the Congress of the Union of Poles on 15 March 2009;

| 20. | Urges the Belarusian authorities to develop genuine dialogue with representatives of the democratic opposition; emphasises, therefore, the importance of defining the role and working methods of the Public Advisory Council; |
| --- | --- |

20.

Urges the Belarusian authorities to develop genuine dialogue with representatives of the democratic opposition; emphasises, therefore, the importance of defining the role and working methods of the Public Advisory Council;

| 21. | Calls on the Commission to make full and effective use of the possibilities to support civil society and democratic developments in Belarus via the European Instrument for Democracy and Human Rights and stresses at the same time that support for democratic opposition must be an integral part of the gradual re-engagement process with Belarus; |
| --- | --- |

21.

Calls on the Commission to make full and effective use of the possibilities to support civil society and democratic developments in Belarus via the European Instrument for Democracy and Human Rights and stresses at the same time that support for democratic opposition must be an integral part of the gradual re-engagement process with Belarus;

| 22. | Calls on the Commissionand the governments of the Member States to grant financial support to TV Belsat and to urge the Belarusian Government officially to register Belsat in Belarus; calls on the Belarusian Government, as a sign of goodwill and positive change, to enable the Belarusian European Humanities University (EHU) in exile in Vilnius (Lithuania) to return legally to Belarus on the basis of genuine guarantees that it will be able to operate freely and re-establish itself under suitable conditions for its future development in Minsk, in particular by allowing it to re-establish its library in Minsk by providing the premises and creating the conditions which will enable it to make the extensive collections in Belarusian, Russian, English, German and French open and accessible to all; |
| --- | --- |

22.

Calls on the Commissionand the governments of the Member States to grant financial support to TV Belsat and to urge the Belarusian Government officially to register Belsat in Belarus; calls on the Belarusian Government, as a sign of goodwill and positive change, to enable the Belarusian European Humanities University (EHU) in exile in Vilnius (Lithuania) to return legally to Belarus on the basis of genuine guarantees that it will be able to operate freely and re-establish itself under suitable conditions for its future development in Minsk, in particular by allowing it to re-establish its library in Minsk by providing the premises and creating the conditions which will enable it to make the extensive collections in Belarusian, Russian, English, German and French open and accessible to all;

| 23. | Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States, the Secretary-General of the United Nations, the Parliamentary Assemblies of the OSCE and the Council of Europe, the Secretariat of the Commonwealth of Independent States and the Parliament and Government of Belarus. |
| --- | --- |

23.

Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States, the Secretary-General of the United Nations, the Parliamentary Assemblies of the OSCE and the Council of Europe, the Secretariat of the Commonwealth of Independent States and the Parliament and Government of Belarus.

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(1)  Texts adopted, P6_TA(2009)0212.

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| 22.10.2010 | EN | Official Journal of the European Union | CE 286/21 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/21

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Thursday 17 December 2009Violence in the Democratic Republic of Congo

P7_TA(2009)0118

European Parliament resolution of 17 December 2009 on violence in the Democratic Republic of Congo

2010/C 286 E/05

The European Parliament,

having regard to the Council conclusions on European Security and Defence Policy of 17 November 2009,

having regard to the interim and final reports (S/2009/253 and S/2009/603) of the Group of Experts on the Democratic Republic of the Congo (‘the Group of Experts’) established pursuant to United Nations Security Council resolution 1771 (2007) and extended pursuant to resolutions 1807 (2008) and 1857 (2008), and the recommendations contained therein,

having regard to the ACP-EU Joint Parliamentary Assembly resolution of 22 November 2007 on the situation in the Democratic Republic of Congo, in particular in the East of the country, and its impact on the region (1),

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

having regard to its resolution of 17 January 2008 on the situation in the Democratic Republic of Congo and rape as a war crime (2),

having regard to the Council conclusions of 27 October 2009 on the Great Lakes region,

having regard to the Council declaration of 10 October 2008 on the situation in the east of the DRC,

having regard to UN Security Council Resolution 1856 (2008) of 22 December 2008 on the situation concerning the Democratic Republic of Congo (DRC), which specifies the mandate of the UN mission in the DRC (MONUC),

having regard to Rule 110(4) of its Rules of Procedure,

| A. | whereas the war and unrest in the east of the DRC has resulted in widespread killings, population displacement and sexual violence against women, committed by armed rebel groups and by government army and police forces, which have reached an alarming scale, |
| --- | --- |

A.

whereas the war and unrest in the east of the DRC has resulted in widespread killings, population displacement and sexual violence against women, committed by armed rebel groups and by government army and police forces, which have reached an alarming scale,

| B. | whereas the conflict affecting the DRC has claimed the lives of 5 400 000 people since 1998 and is still causing, either directly or indirectly, as many as 45 000 deaths every month (3); whereas according to the UNHCR reports there are some 1 460 000 internally displaced persons (IDPs) in the DRC, with 980 000 in North Kivu (4), |
| --- | --- |

B.

whereas the conflict affecting the DRC has claimed the lives of 5 400 000 people since 1998 and is still causing, either directly or indirectly, as many as 45 000 deaths every month (3); whereas according to the UNHCR reports there are some 1 460 000 internally displaced persons (IDPs) in the DRC, with 980 000 in North Kivu (4),

| C. | whereas MONUC has been in the DRC since 1999 to protect the civilian population, build the peace process in the country and help the government to re-establish control over the regions which are under fighting factions, |
| --- | --- |

C.

whereas MONUC has been in the DRC since 1999 to protect the civilian population, build the peace process in the country and help the government to re-establish control over the regions which are under fighting factions,

| D. | whereas MONUC is the world's largest peacekeeping mission, with a total of 20 000 soldiers, present mainly in North and South Kivu, costing about USD 1,4 billion a year, with a mandate to use all the necessary means to deter any attempted use of force, by any foreign or Congolese armed group, that threatens the political process, and to ensure the protection of civilians under imminent threat of physical violence, |
| --- | --- |

D.

whereas MONUC is the world's largest peacekeeping mission, with a total of 20 000 soldiers, present mainly in North and South Kivu, costing about USD 1,4 billion a year, with a mandate to use all the necessary means to deter any attempted use of force, by any foreign or Congolese armed group, that threatens the political process, and to ensure the protection of civilians under imminent threat of physical violence,

| E. | whereas the illegal mineral trade in the DRC allows many actors to continue to buy minerals from areas controlled by rebel groups, thereby financing those rebel groups, and whereas this is a factor fuelling and exacerbating the conflict, |
| --- | --- |

E.

whereas the illegal mineral trade in the DRC allows many actors to continue to buy minerals from areas controlled by rebel groups, thereby financing those rebel groups, and whereas this is a factor fuelling and exacerbating the conflict,

| F. | whereas it appears that DRC troops and fighters belonging to the Democratic Forces for the Liberation of Rwanda (FDLR) are reported to be involved in criminal networks exploiting and selling gold and minerals for guns in the east of the DRC, |
| --- | --- |

F.

whereas it appears that DRC troops and fighters belonging to the Democratic Forces for the Liberation of Rwanda (FDLR) are reported to be involved in criminal networks exploiting and selling gold and minerals for guns in the east of the DRC,

| G. | whereas rape has become a weapon of war used by rebels, members of the Congolese army and civilians, |
| --- | --- |

G.

whereas rape has become a weapon of war used by rebels, members of the Congolese army and civilians,

| H. | whereas military operations since January 2009, including Operation Kimia II, have resulted in the disarmament of 1 243 FDLR combatants out of an estimated 6 000 although the FDLR is continuing to recruit and retains a vast, sophisticated network of political and financial supporters in the region and around the world (5), |
| --- | --- |

H.

whereas military operations since January 2009, including Operation Kimia II, have resulted in the disarmament of 1 243 FDLR combatants out of an estimated 6 000 although the FDLR is continuing to recruit and retains a vast, sophisticated network of political and financial supporters in the region and around the world (5),

| I. | whereas recent military operations have exacerbated the humanitarian crisis, leading to widespread massacres and human rights abuses, |
| --- | --- |

I.

whereas recent military operations have exacerbated the humanitarian crisis, leading to widespread massacres and human rights abuses,

| J. | whereas the fighting between the Congolese army, the rebel troops of ousted General Laurent Nkunda, the FDLR fighters and the troops of Uganda's Lord's Resistance Army (LRA) continue to cause the civilian populations of the eastern provinces of the DRC unbearable hardship, |
| --- | --- |

J.

whereas the fighting between the Congolese army, the rebel troops of ousted General Laurent Nkunda, the FDLR fighters and the troops of Uganda's Lord's Resistance Army (LRA) continue to cause the civilian populations of the eastern provinces of the DRC unbearable hardship,

| K. | whereas the Congolese army continues to have insufficient human, technical and financial resources to carry out its tasks in the eastern provinces of the DRC, coupled with a lack of discipline amongst its ranks, which continues to hamper its role in protecting the population and in re-establishing peace, |
| --- | --- |

K.

whereas the Congolese army continues to have insufficient human, technical and financial resources to carry out its tasks in the eastern provinces of the DRC, coupled with a lack of discipline amongst its ranks, which continues to hamper its role in protecting the population and in re-establishing peace,

| L. | whereas the United Nations has recently suspended logistical assistance and operational support to certain units of the Congolese army amid allegations that its troops killed dozens of civilians, including women and children in the North Kivu district, between May and September 2009, |
| --- | --- |

L.

whereas the United Nations has recently suspended logistical assistance and operational support to certain units of the Congolese army amid allegations that its troops killed dozens of civilians, including women and children in the North Kivu district, between May and September 2009,

| M. | whereas several humanitarian organisations have been forced to suspend their activities, and aid workers in North Kivu are unable to reach 70 %, if not more, of those in need, |
| --- | --- |

M.

whereas several humanitarian organisations have been forced to suspend their activities, and aid workers in North Kivu are unable to reach 70 %, if not more, of those in need,

| 1. | Deplores in the strongest possible terms the massacres, the crimes against humanity, the recruitment of child soldiers and the acts of sexual violence against women and girls which are still taking place; calls on all actors to step up the fight against impunity; |
| --- | --- |

1.

Deplores in the strongest possible terms the massacres, the crimes against humanity, the recruitment of child soldiers and the acts of sexual violence against women and girls which are still taking place; calls on all actors to step up the fight against impunity;

| 2. | Calls for an immediate end to the violence and human rights abuses in the DRC; stresses the need for further efforts to put an end to the activities of foreign armed groups in the east of the DRC, in particular the FDLR and LRA; calls for these groups immediately to lay down their arms and cease their attacks against the civilian population, and for all the parties to the 23 March 2009 agreements to respect the ceasefire and implement their commitments effectively and in good faith; |
| --- | --- |

2.

Calls for an immediate end to the violence and human rights abuses in the DRC; stresses the need for further efforts to put an end to the activities of foreign armed groups in the east of the DRC, in particular the FDLR and LRA; calls for these groups immediately to lay down their arms and cease their attacks against the civilian population, and for all the parties to the 23 March 2009 agreements to respect the ceasefire and implement their commitments effectively and in good faith;

| 3. | Remains extremely concerned by the worsening humanitarian situation in eastern DRC, following the atrocities carried out against the local population, as highlighted by two recent reports of the UN High Commissioner for Human Rights; is concerned, in particular, by recent reports of deliberate killings by Congolese soldiers of at least 270 civilians in the towns of Nyabiondo and Pinga, in North Kivu, and recent fighting, which has driven 21 800 people from their homes in and around Dongo, in the west; reaffirms that swift action is necessary to prevent a new humanitarian catastrophe unfolding; |
| --- | --- |

3.

Remains extremely concerned by the worsening humanitarian situation in eastern DRC, following the atrocities carried out against the local population, as highlighted by two recent reports of the UN High Commissioner for Human Rights; is concerned, in particular, by recent reports of deliberate killings by Congolese soldiers of at least 270 civilians in the towns of Nyabiondo and Pinga, in North Kivu, and recent fighting, which has driven 21 800 people from their homes in and around Dongo, in the west; reaffirms that swift action is necessary to prevent a new humanitarian catastrophe unfolding;

| 4. | Draws attention to MONUC's vital role and to the fact that its mandate and rules of engagement must be implemented with determination and on a permanent basis in order to guarantee the population's security more effectively and without in any way supporting Congolese units which fail to respect human rights; |
| --- | --- |

4.

Draws attention to MONUC's vital role and to the fact that its mandate and rules of engagement must be implemented with determination and on a permanent basis in order to guarantee the population's security more effectively and without in any way supporting Congolese units which fail to respect human rights;

| 5. | Recognises that MONUC's presence remains necessary and calls for every effort to be made to allow it to carry out its mandate in full in order to protect those under threat; calls on the Council, in this connection, to play a leading role in ensuring that the United Nations Security Council supports MONUC in its operational capacities, providing a better definition of its priorities, of which there are currently 41; |
| --- | --- |

5.

Recognises that MONUC's presence remains necessary and calls for every effort to be made to allow it to carry out its mandate in full in order to protect those under threat; calls on the Council, in this connection, to play a leading role in ensuring that the United Nations Security Council supports MONUC in its operational capacities, providing a better definition of its priorities, of which there are currently 41;

| 6. | Welcomes the arrest by the German authorities of Ignace Murwanashyaka, leader of the FDLR, and his deputy, Straton Musoni, which constitutes an important step towards addressing impunity; |
| --- | --- |

6.

Welcomes the arrest by the German authorities of Ignace Murwanashyaka, leader of the FDLR, and his deputy, Straton Musoni, which constitutes an important step towards addressing impunity;

| 7. | Stresses that the rehabilitation and reform of the judicial system (incorporating a prevention and protection dimension and combating impunity with regard to sexual violence) and assistance for and reintegration of victims should be central to the aid programmes to be funded; in this context, calls for the cases of mass rape in the east of the DRC to be referred to the International Criminal Court; |
| --- | --- |

7.

Stresses that the rehabilitation and reform of the judicial system (incorporating a prevention and protection dimension and combating impunity with regard to sexual violence) and assistance for and reintegration of victims should be central to the aid programmes to be funded; in this context, calls for the cases of mass rape in the east of the DRC to be referred to the International Criminal Court;

| 8. | Stresses the need to bring to justice the perpetrators of human rights abuses within the Congolese armed forces, and underlines MONUC's crucial role in doing this; welcomes, therefore, the zero tolerance policy promoted by President Kabila against sexual violence and misconduct in the armed forces and encourages the Government of the DRC to implement without delay and with the assistance of MONUC its new strategy against gender-based violence; |
| --- | --- |

8.

Stresses the need to bring to justice the perpetrators of human rights abuses within the Congolese armed forces, and underlines MONUC's crucial role in doing this; welcomes, therefore, the zero tolerance policy promoted by President Kabila against sexual violence and misconduct in the armed forces and encourages the Government of the DRC to implement without delay and with the assistance of MONUC its new strategy against gender-based violence;

| 9. | Underlines the importance of EUSEC RD Congo's key tasks of providing advice and assistance for defence reform with the aim of implementing the Congolese revised reform plan for the Congolese armed forces (FARDC); calls on the Congolese authorities, therefore, to take the reform process forward, encourages the establishment of a coordination mechanism for defence reform under Congolese ownership, with appropriate support from EUSEC and encourages the building of military barracks and camps as a matter of urgency; |
| --- | --- |

9.

Underlines the importance of EUSEC RD Congo's key tasks of providing advice and assistance for defence reform with the aim of implementing the Congolese revised reform plan for the Congolese armed forces (FARDC); calls on the Congolese authorities, therefore, to take the reform process forward, encourages the establishment of a coordination mechanism for defence reform under Congolese ownership, with appropriate support from EUSEC and encourages the building of military barracks and camps as a matter of urgency;

| 10. | Recommends that the Government of the DRC promote stockpile security, accountability and management of arms and ammunition as an urgent priority, and that it implement a national weapons marking programme in line with the standards established by the Nairobi Protocol and the Regional Centre on Small Arms; |
| --- | --- |

10.

Recommends that the Government of the DRC promote stockpile security, accountability and management of arms and ammunition as an urgent priority, and that it implement a national weapons marking programme in line with the standards established by the Nairobi Protocol and the Regional Centre on Small Arms;

| 11. | Welcomes the progress made in the region by improved bilateral diplomatic relations between the DRC and Rwanda; calls on the DRC and Rwanda to fully implement the Nairobi and Goma peace agreements, as well as the Ihusi agreement of 23 March 2009; |
| --- | --- |

11.

Welcomes the progress made in the region by improved bilateral diplomatic relations between the DRC and Rwanda; calls on the DRC and Rwanda to fully implement the Nairobi and Goma peace agreements, as well as the Ihusi agreement of 23 March 2009;

| 12. | Encourages all governments of the Great Lakes region and the international community to continue the existing dialogue with the aim of coordinating efforts to stop the violence in the eastern parts of the DRC, paying particular attention to reconciliation, human security, better judicial accountability, and refugee and IDP return and integration; |
| --- | --- |

12.

Encourages all governments of the Great Lakes region and the international community to continue the existing dialogue with the aim of coordinating efforts to stop the violence in the eastern parts of the DRC, paying particular attention to reconciliation, human security, better judicial accountability, and refugee and IDP return and integration;

| 13. | Deplores the increasing acts of violence against aid workers, which is having serious repercussions for the humanitarian situation on the ground; urges the authorities to launch thorough investigations into each and every incident and calls for protection to be immediately stepped up; |
| --- | --- |

13.

Deplores the increasing acts of violence against aid workers, which is having serious repercussions for the humanitarian situation on the ground; urges the authorities to launch thorough investigations into each and every incident and calls for protection to be immediately stepped up;

| 14. | Stresses the need for continued and increased funding in humanitarian aid to eastern DRC, given the increasing number of internally displaced persons and deteriorating conditions; to this end, supports the appeal launched on 30 November 2009 by the UN, alongside 380 aid organisations and non-governmental organisations (NGOs), to raise USD 7,1 billion for humanitarian work in 2010; urges all Member States to contribute their fair share; |
| --- | --- |

14.

Stresses the need for continued and increased funding in humanitarian aid to eastern DRC, given the increasing number of internally displaced persons and deteriorating conditions; to this end, supports the appeal launched on 30 November 2009 by the UN, alongside 380 aid organisations and non-governmental organisations (NGOs), to raise USD 7,1 billion for humanitarian work in 2010; urges all Member States to contribute their fair share;

| 15. | Remains concerned by the illegal trade in minerals and other natural resources in the east of the DRC by the rebel groups; calls on the Council and the Commission to insist, in talks with the governments of the DRC and neighbouring countries, on the implementation of effective systems of traceability and proof of origin of natural resources, and to step up the fight against corruption; |
| --- | --- |

15.

Remains concerned by the illegal trade in minerals and other natural resources in the east of the DRC by the rebel groups; calls on the Council and the Commission to insist, in talks with the governments of the DRC and neighbouring countries, on the implementation of effective systems of traceability and proof of origin of natural resources, and to step up the fight against corruption;

| 16. | Calls for a return to the dialogue which saw the creation of the Amani Programme for security, pacification, stabilisation and reconstruction of North and South Kivu; |
| --- | --- |

16.

Calls for a return to the dialogue which saw the creation of the Amani Programme for security, pacification, stabilisation and reconstruction of North and South Kivu;

| 17. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the institutions of the African Union, the United Nations Secretary-General, Under-Secretary General for Humanitarian Affairs and Emergency Relief Coordinator, the United Nations Security Council, the United Nations Human Rights Council, and the governments and parliaments of the countries of the Great Lakes region. |
| --- | --- |

17.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the institutions of the African Union, the United Nations Secretary-General, Under-Secretary General for Humanitarian Affairs and Emergency Relief Coordinator, the United Nations Security Council, the United Nations Human Rights Council, and the governments and parliaments of the countries of the Great Lakes region.

---

(1)  OJ C 58, 1.3.2008, p. 40.

(2)  OJ C 41 E, 19.2.2009, p. 83.

(3)  http://www.theirc.org/special-reports/congo-forgotten-crisis

(4)  http://www.unhcr.org/cgi-bin/texis/vtx/page?page=49e45c366

(5)  http://www.crisisgroup.org/home/index.cfm?id=2829#C1

---

| 22.10.2010 | EN | Official Journal of the European Union | CE 286/25 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/25

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Thursday 17 December 2009Uganda: anti-homosexual draft legislation

P7_TA(2009)0119

European Parliament resolution of 17 December 2009 on Uganda: anti-homosexual draft legislation

2010/C 286 E/06

The European Parliament,

having regard to the international human rights obligations and instruments, including those contained in the UN conventions on human rights and in the European Convention for the Protection of Human Rights and Fundamental Freedoms, guaranteeing human rights and fundamental freedoms and prohibiting discrimination,

having regard to the Partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) (the Cotonou Agreement) and the human rights clauses contained therein, in particular Article 9,

having regard to Articles 6 and 7 of the Treaty on European Union (TEU) and Article 19 of the Treaty on the Functioning of the European Union (TFEU), which commit the European Union and the Member States to upholding human rights and fundamental freedoms and provide means to fight discrimination and human rights violations at EU level,

having regard to the Charter of Fundamental Rights of the European Union, in particular Article 21 thereof, which prohibits discrimination on grounds of sexual orientation,

having regard to all EU activities that relate to fighting homophobia and discrimination on grounds of sexual orientation,

having regard to its previous resolutions on homophobia, protection of minorities and anti-discrimination policies, in particular that of 18 January 2006 on homophobia in Europe (2), that of 15 June 2006 on the increase in racist and homophobic violence in Europe (3), and that of 26 April 2007 on homophobia in Europe (4),

having regard to the meeting of the Committee on Political Affairs of the ACP-EU Joint Parliamentary Assembly (JPA) held in Luanda on 28 November 2009,

having regard to the ACP-EU JPA resolution of 3 December 2009 on social and cultural integration and participation of young people,

having regard to Rule 122(5) of its Rules of Procedure,

| A. | whereas on 25 September 2009 David Bahati MP tabled the ‘Anti-Homosexuality Bill 2009’ in the Ugandan Parliament, |
| --- | --- |

A.

whereas on 25 September 2009 David Bahati MP tabled the ‘Anti-Homosexuality Bill 2009’ in the Ugandan Parliament,

| B. | whereas the bill proposes to introduce harsher penalties, to criminalise homosexuality and to punish those alleged to be lesbian, gay, bisexual or transgender (LGBT) with life imprisonment or the death penalty, |
| --- | --- |

B.

whereas the bill proposes to introduce harsher penalties, to criminalise homosexuality and to punish those alleged to be lesbian, gay, bisexual or transgender (LGBT) with life imprisonment or the death penalty,

| C. | whereas the bill includes a provision that could lead to the imprisonment for up to three years of anyone, including heterosexual people, who fails to report within 24 hours the identities of everyone they know who is lesbian, gay, bisexual or transgender, or who supports the human rights of those who are lesbian, gay, bisexual or transgender, |
| --- | --- |

C.

whereas the bill includes a provision that could lead to the imprisonment for up to three years of anyone, including heterosexual people, who fails to report within 24 hours the identities of everyone they know who is lesbian, gay, bisexual or transgender, or who supports the human rights of those who are lesbian, gay, bisexual or transgender,

| D. | whereas the bill provides for the nullification by Uganda of any of its international or regional commitments that it deems to be inconsistent with the provisions of the bill, |
| --- | --- |

D.

whereas the bill provides for the nullification by Uganda of any of its international or regional commitments that it deems to be inconsistent with the provisions of the bill,

| E. | whereas the bill has already been condemned by European Commissioner De Gucht, the British, French and Swedish governments, President Obama and the chair and vice-chair of the Committee on Foreign Affairs of the US House of Representatives, |
| --- | --- |

E.

whereas the bill has already been condemned by European Commissioner De Gucht, the British, French and Swedish governments, President Obama and the chair and vice-chair of the Committee on Foreign Affairs of the US House of Representatives,

| F. | whereas the proposed law has been denounced by non-governmental organisations around the world and in Uganda itself as a major obstacle to fighting HIV/Aids in the homosexual community, |
| --- | --- |

F.

whereas the proposed law has been denounced by non-governmental organisations around the world and in Uganda itself as a major obstacle to fighting HIV/Aids in the homosexual community,

| G. | whereas in Africa homosexuality is legal in only 13 countries and is a punishable offence in 38 countries, with Mauritania, Sudan and northern Nigeria also stipulating the death penalty for homosexuality, and whereas the adoption of such a law in Uganda could have spill-over effects in other African countries, where persons are or could be persecuted because of their sexual orientation, |
| --- | --- |

G.

whereas in Africa homosexuality is legal in only 13 countries and is a punishable offence in 38 countries, with Mauritania, Sudan and northern Nigeria also stipulating the death penalty for homosexuality, and whereas the adoption of such a law in Uganda could have spill-over effects in other African countries, where persons are or could be persecuted because of their sexual orientation,

| 1. | Underlines that sexual orientation is a matter falling within the remit of the individual right to privacy as guaranteed by international human rights law, according to which equality and non-discrimination should be promoted, whilst freedom of expression should be guaranteed; in this context, condemns the ‘Anti-Homosexuality Bill 2009’; |
| --- | --- |

1.

Underlines that sexual orientation is a matter falling within the remit of the individual right to privacy as guaranteed by international human rights law, according to which equality and non-discrimination should be promoted, whilst freedom of expression should be guaranteed; in this context, condemns the ‘Anti-Homosexuality Bill 2009’;

| 2. | Calls, therefore, on the Ugandan authorities not to approve the bill and to review their laws so as to decriminalise homosexuality; |
| --- | --- |

2.

Calls, therefore, on the Ugandan authorities not to approve the bill and to review their laws so as to decriminalise homosexuality;

| 3. | Reminds the Ugandan Government of its obligations under international law and under the Cotonou Agreement, which calls for universal human rights to be respected; |
| --- | --- |

3.

Reminds the Ugandan Government of its obligations under international law and under the Cotonou Agreement, which calls for universal human rights to be respected;

| 4. | Recalls statements by the African Commission on Human and Peoples' Rights and the UN Human Rights Committee that a State cannot, through its domestic law, negate its international human rights obligations; |
| --- | --- |

4.

Recalls statements by the African Commission on Human and Peoples' Rights and the UN Human Rights Committee that a State cannot, through its domestic law, negate its international human rights obligations;

| 5. | Is extremely concerned that international donors, non-governmental organisations and humanitarian organisations would have to reconsider or cease their activities in certain fields should the bill pass into law; |
| --- | --- |

5.

Is extremely concerned that international donors, non-governmental organisations and humanitarian organisations would have to reconsider or cease their activities in certain fields should the bill pass into law;

| 6. | Rejects firmly any moves to introduce the death penalty; |
| --- | --- |

6.

Rejects firmly any moves to introduce the death penalty;

| 7. | Calls on the Council and the Commission to make urgent representations to the Ugandan authorities and, should the bill pass into law and breaches of international human rights law take place, reconsider their involvement with Uganda, including by proposing another venue for the Review Conference of the Rome Statute scheduled for 31 May 2010; |
| --- | --- |

7.

Calls on the Council and the Commission to make urgent representations to the Ugandan authorities and, should the bill pass into law and breaches of international human rights law take place, reconsider their involvement with Uganda, including by proposing another venue for the Review Conference of the Rome Statute scheduled for 31 May 2010;

| 8. | Calls on the Council, the Commission and the Member States to analyse the situation in third countries in relation to executions, criminalisation or discrimination on grounds of sexual orientation and to take concerted international action to promote respect for human rights in those countries through appropriate means, including working in partnership with local non-governmental organisations; |
| --- | --- |

8.

Calls on the Council, the Commission and the Member States to analyse the situation in third countries in relation to executions, criminalisation or discrimination on grounds of sexual orientation and to take concerted international action to promote respect for human rights in those countries through appropriate means, including working in partnership with local non-governmental organisations;

| 9. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the President of the Republic of Uganda and the Speaker of the Ugandan Parliament. |
| --- | --- |

9.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the President of the Republic of Uganda and the Speaker of the Ugandan Parliament.

---

(1)  OJ L 317, 15.12.2000, p. 3.

(2)  OJ C 287 E, 24.11.2006, p. 179.

(3)  OJ C 300 E, 9.12.2006, p. 491.

(4)  OJ C 74 E, 20.3.2008, p. 776.

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| 22.10.2010 | EN | Official Journal of the European Union | CE 286/27 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/27

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Thursday 17 December 2009Azerbaijan: freedom of expression

P7_TA(2009)0120

European Parliament resolution of 17 December 2009 on Azerbaijan: freedom of expression

2010/C 286 E/07

The European Parliament,

having regard to its previous resolutions on Azerbaijan and, in particular, those of 9 June 2005 (1) and 27 October 2005 (2),

having regard to its resolution of 15 November 2007 on strengthening the European Neighbourhood Policy (3),

having regard to its resolution of 17 January 2008 on a more effective EU policy for the South Caucasus: from promises to actions (4),

having regard to the EU statement of 22 January 2009 on freedom of the media in Azerbaijan and the EU Presidency statement of 12 November 2009,

having regard to the statement by the Secretary General of the Council of Europe of 12 November 2009 on freedom of expression in Azerbaijan,

having regard to the statements of the OSCE Representative on Freedom of the Media on the deteriorating media situation in Azerbaijan, including his statements of 22 May 2007, 11 April 2008, 17 July 2008, 30 December 2008, 21 April 2009, 10 September 2009, 14 October 2009 and 11 November 2009,

having regard to the EU's statement in the OSCE Permanent Council of 9 July 2009 of its full support for the work of the OSCE Representative on Freedom of the Media in relation to Azerbaijan, and to the statement of the EU Presidency of 12 November 2009 on the conviction of the youth activists and bloggers Emin Milli and Adnan Hajizade,

having regard to Rule 122(5) of its Rules of Procedure,

| A. | whereas Azerbaijan is actively participating in the European Neighbourhood Policy (ENP) and the Eastern Partnership and is committed to respecting democracy, human rights and the rule of law, which are core values of these two initiatives, |
| --- | --- |

A.

whereas Azerbaijan is actively participating in the European Neighbourhood Policy (ENP) and the Eastern Partnership and is committed to respecting democracy, human rights and the rule of law, which are core values of these two initiatives,

| B. | whereas, in September 2009, the Council decided to enhance relations between the EU and the three countries of the South Caucasus and invited the Commission to prepare draft negotiating directives for new agreements replacing the existing Partnership and Cooperation Agreements, which are due to expire soon, |
| --- | --- |

B.

whereas, in September 2009, the Council decided to enhance relations between the EU and the three countries of the South Caucasus and invited the Commission to prepare draft negotiating directives for new agreements replacing the existing Partnership and Cooperation Agreements, which are due to expire soon,

| C. | whereas the decree signed by President Ilham Aliyev on 28 December 2007 freed 119 prisoners, including five journalists, |
| --- | --- |

C.

whereas the decree signed by President Ilham Aliyev on 28 December 2007 freed 119 prisoners, including five journalists,

| D. | whereas there is a well-documented record of recent sentencing, harassment and intimidation of media professionals in Azerbaijan, including as described in the recent Background Report on Respect for Media Freedom to the Committee on Culture, Science and Education of the Parliamentary Assembly of the Council of Europe and reports by Amnesty International and Reporters sans Frontières, |
| --- | --- |

D.

whereas there is a well-documented record of recent sentencing, harassment and intimidation of media professionals in Azerbaijan, including as described in the recent Background Report on Respect for Media Freedom to the Committee on Culture, Science and Education of the Parliamentary Assembly of the Council of Europe and reports by Amnesty International and Reporters sans Frontières,

| E. | whereas the media climate has deteriorated in recent years – in spite of the adoption of the ENP Action Plan – with the temporary closure of independent TV and radio broadcasting organisations, the eviction of leading opposition newspapers from their offices, numerous court cases against members of the media, and physical attacks on journalists that have caused a widespread sense of fear and self-censorship among them; whereas, in December 2008, the BBC, Radio Free Europe/Radio Liberty and other foreign media were barred from broadcasting on FM radio frequencies, |
| --- | --- |

E.

whereas the media climate has deteriorated in recent years – in spite of the adoption of the ENP Action Plan – with the temporary closure of independent TV and radio broadcasting organisations, the eviction of leading opposition newspapers from their offices, numerous court cases against members of the media, and physical attacks on journalists that have caused a widespread sense of fear and self-censorship among them; whereas, in December 2008, the BBC, Radio Free Europe/Radio Liberty and other foreign media were barred from broadcasting on FM radio frequencies,

| F. | whereas the bloggers Emin Milli and Adnan Hajizade were arrested on 8 July 2009 after being attacked by two men in a restaurant in the capital, Baku, where, according to witnesses interviewed by Amnesty International, they were assaulted while dining with other activists, |
| --- | --- |

F.

whereas the bloggers Emin Milli and Adnan Hajizade were arrested on 8 July 2009 after being attacked by two men in a restaurant in the capital, Baku, where, according to witnesses interviewed by Amnesty International, they were assaulted while dining with other activists,

| G. | whereas the two bloggers had used online networking tools, including YouTube, Facebook and Twitter, to disseminate information about the political situation in Azerbaijan, criticising the country's government; whereas, on 11 November 2009, Baku's Sabail regional court sentenced Emin Milli to two-and-a-half years' and Adnan Hajizade to two years' imprisonment on charges of hooliganism and inflicting minor bodily harm, |
| --- | --- |

G.

whereas the two bloggers had used online networking tools, including YouTube, Facebook and Twitter, to disseminate information about the political situation in Azerbaijan, criticising the country's government; whereas, on 11 November 2009, Baku's Sabail regional court sentenced Emin Milli to two-and-a-half years' and Adnan Hajizade to two years' imprisonment on charges of hooliganism and inflicting minor bodily harm,

| H. | whereas the charges against the two activists appear to have been politically motivated, |
| --- | --- |

H.

whereas the charges against the two activists appear to have been politically motivated,

| 1. | Deplores the sentencing, on 11 November 2009, of the bloggers Emin Milli and Adnan Hajizada to harsh prison terms on the basis of highly unlikely charges and an unfair trial; calls for the immediate release of Mr Milli and Mr Hajizada and for a new, fully open and fair trial on the basis of an unbiased police investigation and in accordance with all relevant international standards; |
| --- | --- |

1.

Deplores the sentencing, on 11 November 2009, of the bloggers Emin Milli and Adnan Hajizada to harsh prison terms on the basis of highly unlikely charges and an unfair trial; calls for the immediate release of Mr Milli and Mr Hajizada and for a new, fully open and fair trial on the basis of an unbiased police investigation and in accordance with all relevant international standards;

| 2. | Is concerned about the deterioration of media freedom in Azerbaijan, deplores the practice of arresting, prosecuting and convicting opposition journalists on various criminal charges, as demonstrated in the case of Eynulla Fatullayev, and calls on the Azerbaijani authorities to release the imprisoned journalists immediately; |
| --- | --- |

2.

Is concerned about the deterioration of media freedom in Azerbaijan, deplores the practice of arresting, prosecuting and convicting opposition journalists on various criminal charges, as demonstrated in the case of Eynulla Fatullayev, and calls on the Azerbaijani authorities to release the imprisoned journalists immediately;

| 3. | Recalls the March 2005 statement by President Ilham Aliyev, in which he asserted that the rights of every journalist were protected and should be defended by the state; |
| --- | --- |

3.

Recalls the March 2005 statement by President Ilham Aliyev, in which he asserted that the rights of every journalist were protected and should be defended by the state;

| 4. | Calls on the Azerbaijani authorities to address the lack of police investigation into cases of violence and harassment against journalists and the fact that many crimes have so far gone unpunished; stresses that the safety of media workers must be improved as a matter of urgency; welcomes proposed amendments to the criminal-law provisions on defamation and libel – as these provisions could create obstacles to exercising the rights of freedom of expression and information and might lead to self-censorship – and calls for their swift adoption; |
| --- | --- |

4.

Calls on the Azerbaijani authorities to address the lack of police investigation into cases of violence and harassment against journalists and the fact that many crimes have so far gone unpunished; stresses that the safety of media workers must be improved as a matter of urgency; welcomes proposed amendments to the criminal-law provisions on defamation and libel – as these provisions could create obstacles to exercising the rights of freedom of expression and information and might lead to self-censorship – and calls for their swift adoption;

| 5. | Urges the Azerbaijani authorities to pay special attention to the safety and freedom of civil-society activists, particularly those involved in non-governmental youth organisations, as well as journalists and the media; to take immediate steps to allow individuals to engage in peaceful, democratic activities; to allow such activities to be organised freely and without government interference; and to protect journalists, following the recent wave of violence against media representatives; |
| --- | --- |

5.

Urges the Azerbaijani authorities to pay special attention to the safety and freedom of civil-society activists, particularly those involved in non-governmental youth organisations, as well as journalists and the media; to take immediate steps to allow individuals to engage in peaceful, democratic activities; to allow such activities to be organised freely and without government interference; and to protect journalists, following the recent wave of violence against media representatives;

| 6. | Deplores the series of negative developments in relation to the media and individual journalists in Azerbaijan listed in the Background Report on Respect for Media Freedom recently prepared for the Committee on Culture, Science and Education of the Parliamentary Assembly of the Council of Europe; notes the new regular report by the OSCE Representative on Freedom of the Media to the OSCE Council, as well as the deep concerns expressed by international NGOs such as the Committee to Protect Journalists, Reporters sans Frontières, International PEN and Human Rights Watch; |
| --- | --- |

6.

Deplores the series of negative developments in relation to the media and individual journalists in Azerbaijan listed in the Background Report on Respect for Media Freedom recently prepared for the Committee on Culture, Science and Education of the Parliamentary Assembly of the Council of Europe; notes the new regular report by the OSCE Representative on Freedom of the Media to the OSCE Council, as well as the deep concerns expressed by international NGOs such as the Committee to Protect Journalists, Reporters sans Frontières, International PEN and Human Rights Watch;

| 7. | Urges the Azerbaijani authorities to renew the FM radio licences of a number of international broadcasters, namely the BBC World Service, Voice of America and Radio Free Europe/Radio Liberty; points out that the termination of these stations' broadcasting on FM frequencies removes important, objective and valuable independent sources of quality public-service information and restricts media plurality in Azerbaijan; |
| --- | --- |

7.

Urges the Azerbaijani authorities to renew the FM radio licences of a number of international broadcasters, namely the BBC World Service, Voice of America and Radio Free Europe/Radio Liberty; points out that the termination of these stations' broadcasting on FM frequencies removes important, objective and valuable independent sources of quality public-service information and restricts media plurality in Azerbaijan;

| 8. | Calls on the Azerbaijani authorities to demonstrate sufficient progress in meeting the conditions for the upgrading of contractual relations – as stipulated in the Declaration by the European Council of 19-20 March 2009 on the Eastern Partnership – notably in the areas of democracy, the rule of law and human rights; |
| --- | --- |

8.

Calls on the Azerbaijani authorities to demonstrate sufficient progress in meeting the conditions for the upgrading of contractual relations – as stipulated in the Declaration by the European Council of 19-20 March 2009 on the Eastern Partnership – notably in the areas of democracy, the rule of law and human rights;

| 9. | Welcomes the efforts by the Azerbaijani authorities, including the two meetings held in 2009 by Azerbaijan's State Commission for European Integration, to improve the existing mechanisms for protecting human rights and enhance the capacity of democratic institutions in the country and calls on the EU and Azerbaijan to step up their dialogue on human rights issues; |
| --- | --- |

9.

Welcomes the efforts by the Azerbaijani authorities, including the two meetings held in 2009 by Azerbaijan's State Commission for European Integration, to improve the existing mechanisms for protecting human rights and enhance the capacity of democratic institutions in the country and calls on the EU and Azerbaijan to step up their dialogue on human rights issues;

| 10. | Welcomes the Azerbaijani authorities' participation in the review of Azerbaijan at the sixth meeting of the UN Working Group on the Universal Periodic Review (UPR), on 6 February 2009, and calls on the Azerbaijani Government to implement the UPR recommendations in full, including by ratifying the Rome Statute of the International Criminal Court, decriminalising defamation and libel to eliminate unnecessary pressures on journalists; ensuring that freedom of expression and media freedom are fully respected; safeguarding access to broadcast media; investigating and prosecuting those who perpetrate crimes and harass journalists and human rights defenders; effectively implementing the rights of peaceful assembly and freedom of association; improving prison conditions; and protecting the rights of vulnerable groups, including minorities, migrants, asylum-seekers and internally displaced persons; |
| --- | --- |

10.

Welcomes the Azerbaijani authorities' participation in the review of Azerbaijan at the sixth meeting of the UN Working Group on the Universal Periodic Review (UPR), on 6 February 2009, and calls on the Azerbaijani Government to implement the UPR recommendations in full, including by ratifying the Rome Statute of the International Criminal Court, decriminalising defamation and libel to eliminate unnecessary pressures on journalists; ensuring that freedom of expression and media freedom are fully respected; safeguarding access to broadcast media; investigating and prosecuting those who perpetrate crimes and harass journalists and human rights defenders; effectively implementing the rights of peaceful assembly and freedom of association; improving prison conditions; and protecting the rights of vulnerable groups, including minorities, migrants, asylum-seekers and internally displaced persons;

| 11. | Looks forward to the implementation of the Azerbaijani Government's project ‘Support for Justice Reforms in Azerbaijan’, intended to improve the independence of the judiciary, in particular in relation to the establishment and functioning of the Academy of Justice and the regional justice departments, and to reforms in the prison system in accordance with international standards; |
| --- | --- |

11.

Looks forward to the implementation of the Azerbaijani Government's project ‘Support for Justice Reforms in Azerbaijan’, intended to improve the independence of the judiciary, in particular in relation to the establishment and functioning of the Academy of Justice and the regional justice departments, and to reforms in the prison system in accordance with international standards;

| 12. | Calls on the Azerbaijani authorities to guarantee that the local elections on 23 December 2009 will be free, fair and in accordance with international standards and acknowledges the importance of the electoral process to state-building, through continued democratic reforms at local level and consolidation of civil society and the overall political system; |
| --- | --- |

12.

Calls on the Azerbaijani authorities to guarantee that the local elections on 23 December 2009 will be free, fair and in accordance with international standards and acknowledges the importance of the electoral process to state-building, through continued democratic reforms at local level and consolidation of civil society and the overall political system;

| 13. | Welcomes the establishment of the new sub-committees of the EU-Azerbaijan Cooperation Committee, which will strengthen the institutional framework for discussions in the field of justice, freedom and security and on respect for human rights and democracy, as well as employment and social affairs, public health, education and youth, culture, the information society, audio-visual policy, science and technology; |
| --- | --- |

13.

Welcomes the establishment of the new sub-committees of the EU-Azerbaijan Cooperation Committee, which will strengthen the institutional framework for discussions in the field of justice, freedom and security and on respect for human rights and democracy, as well as employment and social affairs, public health, education and youth, culture, the information society, audio-visual policy, science and technology;

| 14. | Calls for renewed efforts by Azerbaijan to implement in full the ENP Action Plan and on the Commission to continue to assist Azerbaijan in such efforts; |
| --- | --- |

14.

Calls for renewed efforts by Azerbaijan to implement in full the ENP Action Plan and on the Commission to continue to assist Azerbaijan in such efforts;

| 15. | Calls on the President of the Republic of Azerbaijan to monitor the work of law-enforcement and state security structures in his country, especially in relation to the media and other human rights issues, as their work and style are deliberately distancing Azerbaijan from the EU; |
| --- | --- |

15.

Calls on the President of the Republic of Azerbaijan to monitor the work of law-enforcement and state security structures in his country, especially in relation to the media and other human rights issues, as their work and style are deliberately distancing Azerbaijan from the EU;

| 16. | Instructs its President to forward this resolution to the Council, the Commission and the President and Parliament of Azerbaijan. |
| --- | --- |

16.

Instructs its President to forward this resolution to the Council, the Commission and the President and Parliament of Azerbaijan.

---

(1)  OJ C 124 E, 25.5.2006, p. 569.

(2)  OJ C 272 E, 9.11.2006, p. 567.

(3)  OJ C 282 E, 6.11.2008, p. 443.

(4)  OJ C 41 E, 19.2.2009, p. 53.

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Wednesday 16 December 2009

| 22.10.2010 | EN | Official Journal of the European Union | CE 286/30 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/30

---

Wednesday 16 December 2009Verification of credentials

P7_TA(2009)0109

European Parliament decision of 16 December 2009 on the verification of credentials (2009/2091(REG))

2010/C 286 E/08

The European Parliament,

having regard to the Act of 20 September 1976 (1) concerning the election of the members of the European Parliament by direct universal suffrage,

having regard to Rules 3, 4 and 9 of, and Annex I to, its Rules of Procedure,

having regard to the official notifications from the competent authorities of the Member States concerning the results of the elections to the European Parliament,

having regard to the report of the Committee on Legal Affairs (A7-0073/2009),

| A. | whereas Article 7(1) and (2) of the Act of 20 September 1976 sets out the offices that are incompatible with the office of Member of the European Parliament, |
| --- | --- |

A.

whereas Article 7(1) and (2) of the Act of 20 September 1976 sets out the offices that are incompatible with the office of Member of the European Parliament,

| B. | whereas, in particular, as from the beginning of the current legislative term, the office of Member of the European Parliament shall be incompatible with that of member of a national parliament of any Member State, including the United Kingdom, since the temporary derogation granted by Article 7(2), second subparagraph, second indent, of the said Act is no longer applicable, |
| --- | --- |

B.

whereas, in particular, as from the beginning of the current legislative term, the office of Member of the European Parliament shall be incompatible with that of member of a national parliament of any Member State, including the United Kingdom, since the temporary derogation granted by Article 7(2), second subparagraph, second indent, of the said Act is no longer applicable,

| C. | whereas the United Kingdom authorities accordingly adopted the ‘European Parliament (House of Lords Disqualification) Regulations 2008’, under which Members of the House of Lords holding the office of life peer are disqualified from sitting or voting in the House of Lords or in a committee thereof at any time during which they remain Members of the European Parliament, and no writ of summons can be issued to them while they are disqualified under the terms of those Regulations, |
| --- | --- |

C.

whereas the United Kingdom authorities accordingly adopted the ‘European Parliament (House of Lords Disqualification) Regulations 2008’, under which Members of the House of Lords holding the office of life peer are disqualified from sitting or voting in the House of Lords or in a committee thereof at any time during which they remain Members of the European Parliament, and no writ of summons can be issued to them while they are disqualified under the terms of those Regulations,

| D. | whereas, under Rule 9 of, and Annex I to, the Rules of Procedure, Members are required to make a detailed declaration of their professional activities and any other remunerated functions or activities, |
| --- | --- |

D.

whereas, under Rule 9 of, and Annex I to, the Rules of Procedure, Members are required to make a detailed declaration of their professional activities and any other remunerated functions or activities,

| E. | whereas all of the Member States have notified the European Parliament of the names of the elected candidates, although some have still not forwarded – or have done so belatedly – the lists of any substitutes together with their ranking in accordance with the results of the vote, as required under Rule 3(4) of the Rules of Procedure, |
| --- | --- |

E.

whereas all of the Member States have notified the European Parliament of the names of the elected candidates, although some have still not forwarded – or have done so belatedly – the lists of any substitutes together with their ranking in accordance with the results of the vote, as required under Rule 3(4) of the Rules of Procedure,

| F. | whereas in some cases Member States provided partial notification of elected candidates and forwarded further details subsequently, |
| --- | --- |

F.

whereas in some cases Member States provided partial notification of elected candidates and forwarded further details subsequently,

| G. | whereas in some Member States objections to the election of some Members of Parliament are being considered in accordance with national legislation and whereas these procedures could result in the annulment of the election of the Members concerned, |
| --- | --- |

G.

whereas in some Member States objections to the election of some Members of Parliament are being considered in accordance with national legislation and whereas these procedures could result in the annulment of the election of the Members concerned,

| H. | whereas, pursuant to Article 12 of the Act of 20 September 1976, the European Parliament is required to rule on any disputes concerning the validity of the mandate of its Members only where these relate to breaches of the provisions of the abovementioned Act, and not in the case of breaches of the national electoral provisions to which the Act refers, |
| --- | --- |

H.

whereas, pursuant to Article 12 of the Act of 20 September 1976, the European Parliament is required to rule on any disputes concerning the validity of the mandate of its Members only where these relate to breaches of the provisions of the abovementioned Act, and not in the case of breaches of the national electoral provisions to which the Act refers,

| 1. | Declares valid, subject to any decisions by the competent authorities of Member States in which the election results have been disputed, the mandate of the Members of the European Parliament listed in the annex to this decision whose election has been notified by the competent national authorities and who have made the written declarations required on the basis of Article 7(1) and (2) of the Act of 20 September 1976 and Annex I to the Rules of Procedure; |
| --- | --- |

1.

Declares valid, subject to any decisions by the competent authorities of Member States in which the election results have been disputed, the mandate of the Members of the European Parliament listed in the annex to this decision whose election has been notified by the competent national authorities and who have made the written declarations required on the basis of Article 7(1) and (2) of the Act of 20 September 1976 and Annex I to the Rules of Procedure;

| 2. | Repeats its request to the competent national authorities not only promptly to notify the European Parliament of all the names of the elected candidates but also to forward the names of any substitutes together with their ranking in accordance with the results of the vote; |
| --- | --- |

2.

Repeats its request to the competent national authorities not only promptly to notify the European Parliament of all the names of the elected candidates but also to forward the names of any substitutes together with their ranking in accordance with the results of the vote;

| 3. | Calls on the competent authorities of the Member States to complete as soon as possible the examination of the objections submitted to them and to inform the European Parliament of the outcome; |
| --- | --- |

3.

Calls on the competent authorities of the Member States to complete as soon as possible the examination of the objections submitted to them and to inform the European Parliament of the outcome;

| 4. | Calls on the Commission to check whether the European Parliament (House of Lords Disqualification) Regulations 2008, and especially regulation 4 thereof, are entirely compatible with the Act of 20 September 1976 and, should this not be the case, to initiate any appropriate procedure; |
| --- | --- |

4.

Calls on the Commission to check whether the European Parliament (House of Lords Disqualification) Regulations 2008, and especially regulation 4 thereof, are entirely compatible with the Act of 20 September 1976 and, should this not be the case, to initiate any appropriate procedure;

| 5. | Instructs its President to forward this decision to the competent national authorities and the parliaments of the Member States, and to the Commission. |
| --- | --- |

5.

Instructs its President to forward this decision to the competent national authorities and the parliaments of the Member States, and to the Commission.

---

(1)  OJ L 278, 8.10.1976, p. 5.

---

Wednesday 16 December 2009ANNEX

List of Members of the European Parliament whose mandate is declared valid

MEMBERS OF PARLIAMENT BY MEMBER STATE

(14 July 2009)

Belgium (22 Members)

| | BELET Ivo |
| --- | --- |

BELET Ivo

| | BREPOELS Frieda |
| --- | --- |

BREPOELS Frieda

| | CLAEYS Philip |
| --- | --- |

CLAEYS Philip

| | DAERDEN Frédéric |
| --- | --- |

DAERDEN Frédéric

| | DEHAENE Jean-Luc |
| --- | --- |

DEHAENE Jean-Luc

| | DE KEYSER Véronique |
| --- | --- |

DE KEYSER Véronique

| | DELVAUX Anne |
| --- | --- |

DELVAUX Anne

| | DURANT Isabelle |
| --- | --- |

DURANT Isabelle

| | EL KHADRAOUI Saïd |
| --- | --- |

EL KHADRAOUI Saïd

| | EPPINK Derk Jan |
| --- | --- |

EPPINK Derk Jan

| | GROSCH Mathieu |
| --- | --- |

GROSCH Mathieu

| | LAMBERTS Philippe |
| --- | --- |

LAMBERTS Philippe

| | MARCOURT Jean-Claude (1) |
| --- | --- |

MARCOURT Jean-Claude (1)

| | MICHEL Louis |
| --- | --- |

MICHEL Louis

| | NEYTS-UYTTEBROECK Annemie |
| --- | --- |

NEYTS-UYTTEBROECK Annemie

| | RIES Frédérique |
| --- | --- |

RIES Frédérique

| | STAES Bart |
| --- | --- |

STAES Bart

| | STERCKX Dirk |
| --- | --- |

STERCKX Dirk

| | TARABELLA Marc (2) |
| --- | --- |

TARABELLA Marc (2)

| | THYSSEN Marianne |
| --- | --- |

THYSSEN Marianne

| | VAN BREMPT Kathleen |
| --- | --- |

VAN BREMPT Kathleen

| | VANHECKE Frank |
| --- | --- |

VANHECKE Frank

| | VERHOFSTADT Guy |
| --- | --- |

VERHOFSTADT Guy

Bulgaria (17 Members)

| | BINEV Slavi |
| --- | --- |

BINEV Slavi

| | HYUSMENOVA Filiz Hakaeva |
| --- | --- |

HYUSMENOVA Filiz Hakaeva

| | ILCHEV Stanimir |
| --- | --- |

ILCHEV Stanimir

| | IOTOVA Iliana Malinova |
| --- | --- |

IOTOVA Iliana Malinova

| | IVANOVA Iliana |
| --- | --- |

IVANOVA Iliana

| | JELEVA Rumiana (3) |
| --- | --- |

JELEVA Rumiana (3)

| | KALFIN Ivaylo |
| --- | --- |

KALFIN Ivaylo

| | KAZAK Metin |
| --- | --- |

KAZAK Metin

| | KIRILOV Evgeni |
| --- | --- |

KIRILOV Evgeni

| | KOVATCHEV Andrey (4) |
| --- | --- |

KOVATCHEV Andrey (4)

| | MIHAYLOVA Nadezhda |
| --- | --- |

MIHAYLOVA Nadezhda

| | NEDELCHEVA Mariya |
| --- | --- |

NEDELCHEVA Mariya

| | PANAYOTOV Vladko Todorov |
| --- | --- |

PANAYOTOV Vladko Todorov

| | PARVANOVA Antonyia |
| --- | --- |

PARVANOVA Antonyia

| | STOYANOV Dimitar |
| --- | --- |

STOYANOV Dimitar

| | STOYANOV Emil |
| --- | --- |

STOYANOV Emil

| | URUTCHEV Vladimir |
| --- | --- |

URUTCHEV Vladimir

| | VIGENIN Kristian |
| --- | --- |

VIGENIN Kristian

Czech Republic (22 Members)

| | BŘEZINA Jan |
| --- | --- |

BŘEZINA Jan

| | BRZOBOHATÁ Zuzana |
| --- | --- |

BRZOBOHATÁ Zuzana

| | CABRNOCH Milan |
| --- | --- |

CABRNOCH Milan

| | ČEŠKOVÁ Andrea |
| --- | --- |

ČEŠKOVÁ Andrea

| | DUŠEK Robert |
| --- | --- |

DUŠEK Robert

| | FAJMON Hynek |
| --- | --- |

FAJMON Hynek

| | FALBR Richard |
| --- | --- |

FALBR Richard

| | HAVEL Jiří |
| --- | --- |

HAVEL Jiří

| | KOHLÍČEK Jaromír |
| --- | --- |

KOHLÍČEK Jaromír

| | KOŽUŠNÍK Edvard |
| --- | --- |

KOŽUŠNÍK Edvard

| | MAŠTÁLKA Jiří |
| --- | --- |

MAŠTÁLKA Jiří

| | OUZKÝ Miroslav |
| --- | --- |

OUZKÝ Miroslav

| | POC Pavel |
| --- | --- |

POC Pavel

| | RANSDORF Miloslav |
| --- | --- |

RANSDORF Miloslav

| | REMEK Vladimír |
| --- | --- |

REMEK Vladimír

| | ROITHOVÁ Zuzana |
| --- | --- |

ROITHOVÁ Zuzana

| | ROUČEK Libor |
| --- | --- |

ROUČEK Libor

| | SEHNALOVÁ Olga |
| --- | --- |

SEHNALOVÁ Olga

| | STREJČEK Ivo |
| --- | --- |

STREJČEK Ivo

| | TOŠENOVSKÝ Evžen |
| --- | --- |

TOŠENOVSKÝ Evžen

| | VLASÁK Oldřich |
| --- | --- |

VLASÁK Oldřich

| | ZAHRADIL Jan |
| --- | --- |

ZAHRADIL Jan

Denmark (13 Members)

| | AUKEN Margrete |
| --- | --- |

AUKEN Margrete

| | BENDTSEN Bendt |
| --- | --- |

BENDTSEN Bendt

| | CHRISTENSEN Ole |
| --- | --- |

CHRISTENSEN Ole

| | JENSEN Anne E. |
| --- | --- |

JENSEN Anne E.

| | JØRGENSEN Dan |
| --- | --- |

JØRGENSEN Dan

| | LØKKEGAARD Morten |
| --- | --- |

LØKKEGAARD Morten

| | MESSERSCHMIDT Morten |
| --- | --- |

MESSERSCHMIDT Morten

| | ROHDE Jens |
| --- | --- |

ROHDE Jens

| | ROSBACH Anna |
| --- | --- |

ROSBACH Anna

| | SCHALDEMOSE Christel |
| --- | --- |

SCHALDEMOSE Christel

| | SØNDERGAARD Søren Bo |
| --- | --- |

SØNDERGAARD Søren Bo

| | THOMSEN Britta |
| --- | --- |

THOMSEN Britta

| | TURUNEN Emilie |
| --- | --- |

TURUNEN Emilie

Germany (99 Members)

| | ALBRECHT Jan Philipp |
| --- | --- |

ALBRECHT Jan Philipp

| | ALVARO Alexander |
| --- | --- |

ALVARO Alexander

| | BALZ Burkhard |
| --- | --- |

BALZ Burkhard

| | BISKY Lothar |
| --- | --- |

BISKY Lothar

| | BÖGE Reimer |
| --- | --- |

BÖGE Reimer

| | BRANTNER Franziska Katharina |
| --- | --- |

BRANTNER Franziska Katharina

| | BROK Elmar |
| --- | --- |

BROK Elmar

| | BULLMANN Udo |
| --- | --- |

BULLMANN Udo

| | BÜTIKOFER Reinhard |
| --- | --- |

BÜTIKOFER Reinhard

| | CASPARY Daniel |
| --- | --- |

CASPARY Daniel

| | CHATZIMARKAKIS Jorgo |
| --- | --- |

CHATZIMARKAKIS Jorgo

| | CRAMER Michael |
| --- | --- |

CRAMER Michael

| | CREUTZMANN Jürgen |
| --- | --- |

CREUTZMANN Jürgen

| | DESS Albert |
| --- | --- |

DESS Albert

| | EHLER Christian |
| --- | --- |

EHLER Christian

| | ERNST Cornelia |
| --- | --- |

ERNST Cornelia

| | ERTUG Ismail |
| --- | --- |

ERTUG Ismail

| | FERBER Markus |
| --- | --- |

FERBER Markus

| | FLECKENSTEIN Knut |
| --- | --- |

FLECKENSTEIN Knut

| | FLORENZ Karl-Heinz |
| --- | --- |

FLORENZ Karl-Heinz

| | GAHLER Michael |
| --- | --- |

GAHLER Michael

| | GEBHARDT Evelyne |
| --- | --- |

GEBHARDT Evelyne

| | GEIER Jens |
| --- | --- |

GEIER Jens

| | GIEGOLD Sven |
| --- | --- |

GIEGOLD Sven

| | GLANTE Norbert |
| --- | --- |

GLANTE Norbert

| | GRÄSSLE Ingeborg |
| --- | --- |

GRÄSSLE Ingeborg

| | GROOTE Matthias |
| --- | --- |

GROOTE Matthias

| | HÄFNER Gerald |
| --- | --- |

HÄFNER Gerald

| | HÄNDEL Thomas |
| --- | --- |

HÄNDEL Thomas

| | HARMS Rebecca |
| --- | --- |

HARMS Rebecca

| | HAUG Jutta |
| --- | --- |

HAUG Jutta

| | HÄUSLING Martin |
| --- | --- |

HÄUSLING Martin

| | HIRSCH Nadja |
| --- | --- |

HIRSCH Nadja

| | HOHLMEIER Monika |
| --- | --- |

HOHLMEIER Monika

| | JAHR Peter |
| --- | --- |

JAHR Peter

| | JEGGLE Elisabeth |
| --- | --- |

JEGGLE Elisabeth

| | KAMMEREVERT Petra |
| --- | --- |

KAMMEREVERT Petra

| | KASTLER Martin |
| --- | --- |

KASTLER Martin

| | KELLER Franziska |
| --- | --- |

KELLER Franziska

| | KLASS Christa |
| --- | --- |

KLASS Christa

| | KLINZ Wolf |
| --- | --- |

KLINZ Wolf

| | KLUTE Jürgen |
| --- | --- |

KLUTE Jürgen

| | KOCH Dieter-Lebrecht |
| --- | --- |

KOCH Dieter-Lebrecht

| | KOCH-MEHRIN Silvana |
| --- | --- |

KOCH-MEHRIN Silvana

| | KRAHMER Holger |
| --- | --- |

KRAHMER Holger

| | KREHL Constanze Angela |
| --- | --- |

KREHL Constanze Angela

| | KREISSL-DÖRFLER Wolfgang |
| --- | --- |

KREISSL-DÖRFLER Wolfgang

| | KUHN Werner |
| --- | --- |

KUHN Werner

| | LAMBSDORFF Alexander Graf |
| --- | --- |

LAMBSDORFF Alexander Graf

| | LANGE Bernd |
| --- | --- |

LANGE Bernd

| | LANGEN Werner |
| --- | --- |

LANGEN Werner

| | LECHNER Kurt |
| --- | --- |

LECHNER Kurt

| | LEHNE Klaus-Heiner |
| --- | --- |

LEHNE Klaus-Heiner

| | LEINEN Jo |
| --- | --- |

LEINEN Jo

| | LIESE Peter |
| --- | --- |

LIESE Peter

| | LOCHBIHLER Barbara |
| --- | --- |

LOCHBIHLER Barbara

| | LÖSING Sabine |
| --- | --- |

LÖSING Sabine

| | MANN Thomas |
| --- | --- |

MANN Thomas

| | MAYER Hans-Peter |
| --- | --- |

MAYER Hans-Peter

| | MEISSNER Gesine |
| --- | --- |

MEISSNER Gesine

| | NEUSER Norbert |
| --- | --- |

NEUSER Norbert

| | NIEBLER Angelika |
| --- | --- |

NIEBLER Angelika

| | PACK Doris |
| --- | --- |

PACK Doris

| | PIEPER Markus |
| --- | --- |

PIEPER Markus

| | POSSELT Bernd |
| --- | --- |

POSSELT Bernd

| | PÖTTERING Hans-Gert |
| --- | --- |

PÖTTERING Hans-Gert

| | QUISTHOUDT-ROWOHL Godelieve |
| --- | --- |

QUISTHOUDT-ROWOHL Godelieve

| | RAPKAY Bernhard |
| --- | --- |

RAPKAY Bernhard

| | REIMERS Britta |
| --- | --- |

REIMERS Britta

| | REUL Herbert |
| --- | --- |

REUL Herbert

| | RODUST Ulrike |
| --- | --- |

RODUST Ulrike

| | ROTH-BEHRENDT Dagmar |
| --- | --- |

ROTH-BEHRENDT Dagmar

| | RÜHLE Heide |
| --- | --- |

RÜHLE Heide

| | SCHNELLHARDT Horst |
| --- | --- |

SCHNELLHARDT Horst

| | SCHNIEBER-JASTRAM Birgit |
| --- | --- |

SCHNIEBER-JASTRAM Birgit

| | SCHOLZ Helmut |
| --- | --- |

SCHOLZ Helmut

| | SCHROEDTER Elisabeth |
| --- | --- |

SCHROEDTER Elisabeth

| | SCHULZ Martin |
| --- | --- |

SCHULZ Martin

| | SCHULZ Werner |
| --- | --- |

SCHULZ Werner

| | SCHWAB Andreas |
| --- | --- |

SCHWAB Andreas

| | SIMON Peter |
| --- | --- |

SIMON Peter

| | SIPPEL Birgit |
| --- | --- |

SIPPEL Birgit

| | SOMMER Renate |
| --- | --- |

SOMMER Renate

| | STEINRUCK Jutta |
| --- | --- |

STEINRUCK Jutta

| | THEIN Alexandra |
| --- | --- |

THEIN Alexandra

| | THEURER Michael |
| --- | --- |

THEURER Michael

| | TRÜPEL Helga |
| --- | --- |

TRÜPEL Helga

| | ULMER Thomas |
| --- | --- |

ULMER Thomas

| | VERHEYEN Sabine |
| --- | --- |

VERHEYEN Sabine

| | VOSS Axel |
| --- | --- |

VOSS Axel

| | WEBER Manfred |
| --- | --- |

WEBER Manfred

| | WEILER Barbara |
| --- | --- |

WEILER Barbara

| | WEISGERBER Anja |
| --- | --- |

WEISGERBER Anja

| | WESTPHAL Kerstin |
| --- | --- |

WESTPHAL Kerstin

| | WIELAND Rainer |
| --- | --- |

WIELAND Rainer

| | WILS Sabine |
| --- | --- |

WILS Sabine

| | WINKLER Hermann |
| --- | --- |

WINKLER Hermann

| | ZELLER Joachim |
| --- | --- |

ZELLER Joachim

| | ZIMMER Gabriele |
| --- | --- |

ZIMMER Gabriele

Estonia (6 Members)

| | KELAM Tunne |
| --- | --- |

KELAM Tunne

| | OJULAND Kristiina |
| --- | --- |

OJULAND Kristiina

| | OVIIR Siiri |
| --- | --- |

OVIIR Siiri

| | PADAR Ivari |
| --- | --- |

PADAR Ivari

| | SAVISAAR Vilja |
| --- | --- |

SAVISAAR Vilja

| | TARAND Indrek |
| --- | --- |

TARAND Indrek

Ireland (12 Members)

| | AYLWARD Liam |
| --- | --- |

AYLWARD Liam

| | CHILDERS Nessa |
| --- | --- |

CHILDERS Nessa

| | CROWLEY Brian |
| --- | --- |

CROWLEY Brian

| | DE ROSSA Proinsias |
| --- | --- |

DE ROSSA Proinsias

| | GALLAGHER Pat the Cope |
| --- | --- |

GALLAGHER Pat the Cope

| | HARKIN Marian |
| --- | --- |

HARKIN Marian

| | HIGGINS Jim |
| --- | --- |

HIGGINS Jim

| | HIGGINS Joe |
| --- | --- |

HIGGINS Joe

| | KELLY Alan |
| --- | --- |

KELLY Alan

| | KELLY Seán |
| --- | --- |

KELLY Seán

| | McGUINNESS Mairead |
| --- | --- |

McGUINNESS Mairead

| | MITCHELL Gay |
| --- | --- |

MITCHELL Gay

Greece (22 Members)

| | ARSENIS Kriton |
| --- | --- |

ARSENIS Kriton

| | CHOUNTIS Nikolaos |
| --- | --- |

CHOUNTIS Nikolaos

| | GIANNAKOU Marietta |
| --- | --- |

GIANNAKOU Marietta

| | KOPPA Maria Eleni |
| --- | --- |

KOPPA Maria Eleni

| | KOUMOUTSAKOS Georgios |
| --- | --- |

KOUMOUTSAKOS Georgios

| | KRATSA-TSAGAROPOULOU Rodi |
| --- | --- |

KRATSA-TSAGAROPOULOU Rodi

| | LAMBRINIDIS Stavros |
| --- | --- |

LAMBRINIDIS Stavros

| | PAFILIS Athanasios |
| --- | --- |

PAFILIS Athanasios

| | PALIADELI Chrysoula |
| --- | --- |

PALIADELI Chrysoula

| | PAPAKONSTANTINOU Giorgos |
| --- | --- |

PAPAKONSTANTINOU Giorgos

| | PAPANIKOLAOU Georgios |
| --- | --- |

PAPANIKOLAOU Georgios

| | PAPASTAMKOS Georgios |
| --- | --- |

PAPASTAMKOS Georgios

| | PLEVRIS Athanasios |
| --- | --- |

PLEVRIS Athanasios

| | PODIMATA Anni |
| --- | --- |

PODIMATA Anni

| | POUPAKIS Konstantinos |
| --- | --- |

POUPAKIS Konstantinos

| | RAPTI Sylvana |
| --- | --- |

RAPTI Sylvana

| | SKYLAKAKIS Theodoros |
| --- | --- |

SKYLAKAKIS Theodoros

| | STAVRAKAKIS Georgios |
| --- | --- |

STAVRAKAKIS Georgios

| | TOUSSAS Georgios |
| --- | --- |

TOUSSAS Georgios

| | TREMOPOULOS Michail |
| --- | --- |

TREMOPOULOS Michail

| | TSOUKALAS Ioannis |
| --- | --- |

TSOUKALAS Ioannis

| | TZAVELA Niki |
| --- | --- |

TZAVELA Niki

Spain (50 Members)

| | ÁLVAREZ Magdalena |
| --- | --- |

ÁLVAREZ Magdalena

| | ANDRÉS BAREA Josefa |
| --- | --- |

ANDRÉS BAREA Josefa

| | ARIAS ECHEVERRÍA Pablo |
| --- | --- |

ARIAS ECHEVERRÍA Pablo

| | AYALA SENDER Inés |
| --- | --- |

AYALA SENDER Inés

| | AYUSO Pilar |
| --- | --- |

AYUSO Pilar

| | BADIA i CUTCHET Maria |
| --- | --- |

BADIA i CUTCHET Maria

| | BILBAO BARANDICA Izaskun |
| --- | --- |

BILBAO BARANDICA Izaskun

| | del CASTILLO VERA Pilar |
| --- | --- |

del CASTILLO VERA Pilar

| | CERCAS Alejandro |
| --- | --- |

CERCAS Alejandro

| | CORTÉS LASTRA Ricardo |
| --- | --- |

CORTÉS LASTRA Ricardo

| | DÍAZ DE MERA GARCÍA CONSUEGRA Agustín |
| --- | --- |

DÍAZ DE MERA GARCÍA CONSUEGRA Agustín

| | ESTARÀS FERRAGUT Rosa |
| --- | --- |

ESTARÀS FERRAGUT Rosa

| | FISAS AYXELA Santiago |
| --- | --- |

FISAS AYXELA Santiago

| | FRAGA ESTÉVEZ Carmen |
| --- | --- |

FRAGA ESTÉVEZ Carmen

| | GARCÍA-MARGALLO Y MARFIL José Manuel |
| --- | --- |

GARCÍA-MARGALLO Y MARFIL José Manuel

| | GARCÍA PÉREZ Iratxe |
| --- | --- |

GARCÍA PÉREZ Iratxe

| | GARDIAZÁBAL RUBIAL Eider |
| --- | --- |

GARDIAZÁBAL RUBIAL Eider

| | GARRIGA POLLEDO Salvador |
| --- | --- |

GARRIGA POLLEDO Salvador

| | de GRANDES PASCUAL Luis |
| --- | --- |

de GRANDES PASCUAL Luis

| | GUERRERO SALOM Enrique |
| --- | --- |

GUERRERO SALOM Enrique

| | GUTIÉRREZ-CORTINES Cristina |
| --- | --- |

GUTIÉRREZ-CORTINES Cristina

| | HERRANZ GARCÍA Esther |
| --- | --- |

HERRANZ GARCÍA Esther

| | ITURGAIZ ANGULO Carlos José |
| --- | --- |

ITURGAIZ ANGULO Carlos José

| | JÁUREGUI ATONDO Ramón |
| --- | --- |

JÁUREGUI ATONDO Ramón

| | JIMÉNEZ-BECERRIL BARRIO Teresa |
| --- | --- |

JIMÉNEZ-BECERRIL BARRIO Teresa

| | JUNQUERAS VIES Oriol |
| --- | --- |

JUNQUERAS VIES Oriol

| | LOPE FONTAGNÉ Verónica |
| --- | --- |

LOPE FONTAGNÉ Verónica

| | LÓPEZ AGUILAR Juan Fernando |
| --- | --- |

LÓPEZ AGUILAR Juan Fernando

| | LÓPEZ-ISTÚRIZ WHITE Antonio |
| --- | --- |

LÓPEZ-ISTÚRIZ WHITE Antonio

| | MARTÍNEZ MARTÍNEZ Miguel Angel |
| --- | --- |

MARTÍNEZ MARTÍNEZ Miguel Angel

| | MASIP HIDALGO Antonio |
| --- | --- |

MASIP HIDALGO Antonio

| | MATO ADROVER Gabriel |
| --- | --- |

MATO ADROVER Gabriel

| | MAYOR OREJA Jaime |
| --- | --- |

MAYOR OREJA Jaime

| | MÉNDEZ DE VIGO Íñigo |
| --- | --- |

MÉNDEZ DE VIGO Íñigo

| | MENÉNDEZ del VALLE Emilio |
| --- | --- |

MENÉNDEZ del VALLE Emilio

| | MEYER Willy |
| --- | --- |

MEYER Willy

| | MILLÁN MON Francisco José |
| --- | --- |

MILLÁN MON Francisco José

| | MUÑIZ DE URQUIZA María Paloma |
| --- | --- |

MUÑIZ DE URQUIZA María Paloma

| | OBIOLS Raimon |
| --- | --- |

OBIOLS Raimon

| | PERELLÓ RODRÍGUEZ Andrés |
| --- | --- |

PERELLÓ RODRÍGUEZ Andrés

| | RIERA MADURELL Teresa |
| --- | --- |

RIERA MADURELL Teresa

| | ROMERO LÓPEZ Carmen |
| --- | --- |

ROMERO LÓPEZ Carmen

| | ROMEVA i RUEDA Raül |
| --- | --- |

ROMEVA i RUEDA Raül

| | SALAFRANCA SÁNCHEZ-NEYRA José Ignacio |
| --- | --- |

SALAFRANCA SÁNCHEZ-NEYRA José Ignacio

| | SÁNCHEZ PRESEDO Antolín |
| --- | --- |

SÁNCHEZ PRESEDO Antolín

| | SOSA WAGNER Francisco |
| --- | --- |

SOSA WAGNER Francisco

| | TREMOSA i BALCELLS Ramon |
| --- | --- |

TREMOSA i BALCELLS Ramon

| | VIDAL-QUADRAS Alejo |
| --- | --- |

VIDAL-QUADRAS Alejo

| | YÁÑEZ-BARNUEVO GARCÍA Luis |
| --- | --- |

YÁÑEZ-BARNUEVO GARCÍA Luis

| | ZALBA BIDEGAIN Pablo |
| --- | --- |

ZALBA BIDEGAIN Pablo

France (72 Members)

| | ABAD Damien |
| --- | --- |

ABAD Damien

| | ALFONSI François |
| --- | --- |

ALFONSI François

| | ARIF Kader |
| --- | --- |

ARIF Kader

| | AUDY Jean-Pierre |
| --- | --- |

AUDY Jean-Pierre

| | BARNIER Michel |
| --- | --- |

BARNIER Michel

| | BAUDIS Dominique |
| --- | --- |

BAUDIS Dominique

| | BÉCHU Christophe |
| --- | --- |

BÉCHU Christophe

| | BÉLIER Sandrine |
| --- | --- |

BÉLIER Sandrine

| | BENARAB-ATTOU Malika |
| --- | --- |

BENARAB-ATTOU Malika

| | BENNAHMIAS Jean-Luc |
| --- | --- |

BENNAHMIAS Jean-Luc

| | BERÈS Pervenche |
| --- | --- |

BERÈS Pervenche

| | BESSET Jean-Paul |
| --- | --- |

BESSET Jean-Paul

| | BOVÉ José |
| --- | --- |

BOVÉ José

| | BRIARD AUCONIE Sophie |
| --- | --- |

BRIARD AUCONIE Sophie

| | CADEC Alain |
| --- | --- |

CADEC Alain

| | CANFIN Pascal |
| --- | --- |

CANFIN Pascal

| | CASTEX Françoise |
| --- | --- |

CASTEX Françoise

| | CAVADA Jean-Marie |
| --- | --- |

CAVADA Jean-Marie

| | COHN-BENDIT Daniel |
| --- | --- |

COHN-BENDIT Daniel

| | DANJEAN Arnaud |
| --- | --- |

DANJEAN Arnaud

| | DANTIN Michel |
| --- | --- |

DANTIN Michel

| | DATI Rachida |
| --- | --- |

DATI Rachida

| | DAUL Joseph |
| --- | --- |

DAUL Joseph

| | DELLI Karima |
| --- | --- |

DELLI Karima

| | DE SARNEZ Marielle |
| --- | --- |

DE SARNEZ Marielle

| | DÉSIR Harlem |
| --- | --- |

DÉSIR Harlem

| | DE VEYRAC Christine |
| --- | --- |

DE VEYRAC Christine

| | FLAUTRE Hélène |
| --- | --- |

FLAUTRE Hélène

| | FRANCO Gaston |
| --- | --- |

FRANCO Gaston

| | GALLO Marielle |
| --- | --- |

GALLO Marielle

| | GAUZÈS Jean-Paul |
| --- | --- |

GAUZÈS Jean-Paul

| | GOLLNISCH Bruno |
| --- | --- |

GOLLNISCH Bruno

| | GOULARD Sylvie |
| --- | --- |

GOULARD Sylvie

| | GRELIER Estelle |
| --- | --- |

GRELIER Estelle

| | GREZE Catherine |
| --- | --- |

GREZE Catherine

| | GRIESBECK Nathalie |
| --- | --- |

GRIESBECK Nathalie

| | GROSSETÊTE Françoise |
| --- | --- |

GROSSETÊTE Françoise

| | GRUNY Pascale |
| --- | --- |

GRUNY Pascale

| | GUILLAUME Sylvie |
| --- | --- |

GUILLAUME Sylvie

| | HÉNIN Jacky |
| --- | --- |

HÉNIN Jacky

| | HOANG NGOC Liem |
| --- | --- |

HOANG NGOC Liem

| | HOARAU Elie |
| --- | --- |

HOARAU Elie

| | JADOT Yannick |
| --- | --- |

JADOT Yannick

| | JOLY Eva |
| --- | --- |

JOLY Eva

| | JUVIN Philippe |
| --- | --- |

JUVIN Philippe

| | KIIL-NIELSEN Nicole |
| --- | --- |

KIIL-NIELSEN Nicole

| | LAMASSOURE Alain |
| --- | --- |

LAMASSOURE Alain

| | LE FOLL Stéphane |
| --- | --- |

LE FOLL Stéphane

| | LE HYARIC Patrick |
| --- | --- |

LE HYARIC Patrick

| | LEPAGE Corinne |
| --- | --- |

LEPAGE Corinne

| | LE PEN Jean-Marie |
| --- | --- |

LE PEN Jean-Marie

| | LE PEN Marine |
| --- | --- |

LE PEN Marine

| | MATHIEU Véronique |
| --- | --- |

MATHIEU Véronique

| | MÉLENCHON Jean-Luc |
| --- | --- |

MÉLENCHON Jean-Luc

| | MORIN-CHARTIER Elisabeth |
| --- | --- |

MORIN-CHARTIER Elisabeth

| | PARGNEAUX Gilles |
| --- | --- |

PARGNEAUX Gilles

| | PEILLON Vincent |
| --- | --- |

PEILLON Vincent

| | PONGA Maurice |
| --- | --- |

PONGA Maurice

| | RIQUET Dominique |
| --- | --- |

RIQUET Dominique

| | RIVASI Michèle |
| --- | --- |

RIVASI Michèle

| | ROCHEFORT Robert |
| --- | --- |

ROCHEFORT Robert

| | SAÏFI Tokia |
| --- | --- |

SAÏFI Tokia

| | SANCHEZ-SCHMID Marie-Thérèse |
| --- | --- |

SANCHEZ-SCHMID Marie-Thérèse

| | SOULLIE Catherine |
| --- | --- |

SOULLIE Catherine

| | STRIFFLER Michèle |
| --- | --- |

STRIFFLER Michèle

| | TIROLIEN Patrice |
| --- | --- |

TIROLIEN Patrice

| | TRAUTMANN Catherine |
| --- | --- |

TRAUTMANN Catherine

| | VERGIAT Marie-Christine |
| --- | --- |

VERGIAT Marie-Christine

| | VERGNAUD Bernadette |
| --- | --- |

VERGNAUD Bernadette

| | de VILLIERS Philippe |
| --- | --- |

de VILLIERS Philippe

| | VLASTO Dominique |
| --- | --- |

VLASTO Dominique

| | WEBER Henri |
| --- | --- |

WEBER Henri

Italy (72 Members)

| | ALBERTINI Gabriele |
| --- | --- |

ALBERTINI Gabriele

| | ALFANO Sonia |
| --- | --- |

ALFANO Sonia

| | ALLAM Magdi Cristiano |
| --- | --- |

ALLAM Magdi Cristiano

| | ANGELILLI Roberta |
| --- | --- |

ANGELILLI Roberta

| | ANTINORO Antonello |
| --- | --- |

ANTINORO Antonello

| | ANTONIOZZI Alfredo |
| --- | --- |

ANTONIOZZI Alfredo

| | ARLACCHI Pino |
| --- | --- |

ARLACCHI Pino

| | BALDASSARRE Raffaele |
| --- | --- |

BALDASSARRE Raffaele

| | BALZANI Francesca |
| --- | --- |

BALZANI Francesca

| | BARTOLOZZI Paolo |
| --- | --- |

BARTOLOZZI Paolo

| | BERLATO Sergio |
| --- | --- |

BERLATO Sergio

| | BERLINGUER Luigi |
| --- | --- |

BERLINGUER Luigi

| | BIZZOTTO Mara |
| --- | --- |

BIZZOTTO Mara

| | BONSIGNORE Vito |
| --- | --- |

BONSIGNORE Vito

| | BORGHEZIO Mario |
| --- | --- |

BORGHEZIO Mario

| | BORSELLINO Rita |
| --- | --- |

BORSELLINO Rita

| | CANCIAN Antonio |
| --- | --- |

CANCIAN Antonio

| | CARONNA Salvatore |
| --- | --- |

CARONNA Salvatore

| | CASINI Carlo |
| --- | --- |

CASINI Carlo

| | COFFERATI Sergio Gaetano |
| --- | --- |

COFFERATI Sergio Gaetano

| | COLLINO Giovanni |
| --- | --- |

COLLINO Giovanni

| | COMI Lara |
| --- | --- |

COMI Lara

| | COSTA Silvia |
| --- | --- |

COSTA Silvia

| | COZZOLINO Andrea |
| --- | --- |

COZZOLINO Andrea

| | CROCETTA Rosario |
| --- | --- |

CROCETTA Rosario

| | DE ANGELIS Francesco |
| --- | --- |

DE ANGELIS Francesco

| | DE CASTRO Paolo |
| --- | --- |

DE CASTRO Paolo

| | de MAGISTRIS Luigi |
| --- | --- |

de MAGISTRIS Luigi

| | DE MITA Luigi Ciriaco |
| --- | --- |

DE MITA Luigi Ciriaco

| | DOMENICI Leonardo |
| --- | --- |

DOMENICI Leonardo

| | DORFMANN Herbert |
| --- | --- |

DORFMANN Herbert

| | FIDANZA Carlo |
| --- | --- |

FIDANZA Carlo

| | FONTANA Lorenzo |
| --- | --- |

FONTANA Lorenzo

| | GARDINI Elisabetta |
| --- | --- |

GARDINI Elisabetta

| | GUALTIERI Roberto |
| --- | --- |

GUALTIERI Roberto

| | IACOLINO Salvatore |
| --- | --- |

IACOLINO Salvatore

| | IOVINE Vincenzo |
| --- | --- |

IOVINE Vincenzo

| | LA VIA Giovanni |
| --- | --- |

LA VIA Giovanni

| | MASTELLA Clemente |
| --- | --- |

MASTELLA Clemente

| | MATERA Barbara |
| --- | --- |

MATERA Barbara

| | MAURO Mario |
| --- | --- |

MAURO Mario

| | MAZZONI Erminia |
| --- | --- |

MAZZONI Erminia

| | MILANA Guido |
| --- | --- |

MILANA Guido

| | MORGANTI Claudio |
| --- | --- |

MORGANTI Claudio

| | MOTTI Tiziano |
| --- | --- |

MOTTI Tiziano

| | MUSCARDINI Cristiana |
| --- | --- |

MUSCARDINI Cristiana

| | PALLONE Alfredo |
| --- | --- |

PALLONE Alfredo

| | PANZERI Pier Antonio |
| --- | --- |

PANZERI Pier Antonio

| | PATRICIELLO Aldo |
| --- | --- |

PATRICIELLO Aldo

| | PIRILLO Mario |
| --- | --- |

PIRILLO Mario

| | PITTELLA Gianni |
| --- | --- |

PITTELLA Gianni

| | PRODI Vittorio |
| --- | --- |

PRODI Vittorio

| | PROVERA Fiorello |
| --- | --- |

PROVERA Fiorello

| | RINALDI Niccolò |
| --- | --- |

RINALDI Niccolò

| | RIVELLINI Crescenzio |
| --- | --- |

RIVELLINI Crescenzio

| | RONZULLI Licia |
| --- | --- |

RONZULLI Licia

| | ROSSI Oreste |
| --- | --- |

ROSSI Oreste

| | SALATTO Potito |
| --- | --- |

SALATTO Potito

| | SALVINI Matteo |
| --- | --- |

SALVINI Matteo

| | SARTORI Amalia |
| --- | --- |

SARTORI Amalia

| | SASSOLI David-Maria |
| --- | --- |

SASSOLI David-Maria

| | SCOTTA' Giancarlo |
| --- | --- |

SCOTTA' Giancarlo

| | SCURRIA Marco |
| --- | --- |

SCURRIA Marco

| | SERRACCHIANI Debora |
| --- | --- |

SERRACCHIANI Debora

| | SILVESTRIS Sergio Paolo Francesco |
| --- | --- |

SILVESTRIS Sergio Paolo Francesco

| | SPERONI Francesco Enrico |
| --- | --- |

SPERONI Francesco Enrico

| | SUSTA Gianluca |
| --- | --- |

SUSTA Gianluca

| | TATARELLA Salvatore |
| --- | --- |

TATARELLA Salvatore

| | TOIA Patrizia |
| --- | --- |

TOIA Patrizia

| | UGGIAS Giommaria |
| --- | --- |

UGGIAS Giommaria

| | VATTIMO Gianni |
| --- | --- |

VATTIMO Gianni

| | ZANICCHI Iva |
| --- | --- |

ZANICCHI Iva

Cyprus (6 Members)

| | HADJIGEORGIOU Takis |
| --- | --- |

HADJIGEORGIOU Takis

| | KASOULIDES Ioannis |
| --- | --- |

KASOULIDES Ioannis

| | MAVRONIKOLAS Kyriakos |
| --- | --- |

MAVRONIKOLAS Kyriakos

| | PAPADOPOULOU Antigoni |
| --- | --- |

PAPADOPOULOU Antigoni

| | THEOCHAROUS Eleni |
| --- | --- |

THEOCHAROUS Eleni

| | TRIANTAPHYLLIDES Kyriacos |
| --- | --- |

TRIANTAPHYLLIDES Kyriacos

Latvia (8 Members)

| | GODMANIS Ivars |
| --- | --- |

GODMANIS Ivars

| | KALNIETE Sandra |
| --- | --- |

KALNIETE Sandra

| | KARIŅŠ Arturs Krišjānis |
| --- | --- |

KARIŅŠ Arturs Krišjānis

| | MIRSKIS Aleksandrs |
| --- | --- |

MIRSKIS Aleksandrs

| | RUBIKS Alfrēds |
| --- | --- |

RUBIKS Alfrēds

| | VAIDERE Inese |
| --- | --- |

VAIDERE Inese

| | ŽDANOKA Tatjana |
| --- | --- |

ŽDANOKA Tatjana

| | ZĪLE Roberts |
| --- | --- |

ZĪLE Roberts

Lithuania (12 Members)

| | ANDRIKIENĖ Laima Liucija |
| --- | --- |

ANDRIKIENĖ Laima Liucija

| | BALČYTIS Zigmantas |
| --- | --- |

BALČYTIS Zigmantas

| | BLINKEVIČIŪTĖ Vilija |
| --- | --- |

BLINKEVIČIŪTĖ Vilija

| | DONSKIS Leonidas |
| --- | --- |

DONSKIS Leonidas

| | IMBRASAS Juozas |
| --- | --- |

IMBRASAS Juozas

| | LANDSBERGIS Vytautas |
| --- | --- |

LANDSBERGIS Vytautas

| | MORKŪNAITĖ Radvilė |
| --- | --- |

MORKŪNAITĖ Radvilė

| | PAKSAS Rolandas |
| --- | --- |

PAKSAS Rolandas

| | PALECKIS Justas Vincas |
| --- | --- |

PALECKIS Justas Vincas

| | SAUDARGAS Algirdas |
| --- | --- |

SAUDARGAS Algirdas

| | TOMAŠEVSKI Valdemar |
| --- | --- |

TOMAŠEVSKI Valdemar

| | USPASKICH Viktor |
| --- | --- |

USPASKICH Viktor

Luxembourg (6 Members)

| | BACH Georges |
| --- | --- |

BACH Georges

| | ENGEL Frank |
| --- | --- |

ENGEL Frank

| | GOEBBELS Robert |
| --- | --- |

GOEBBELS Robert

| | GOERENS Charles |
| --- | --- |

GOERENS Charles

| | LULLING Astrid |
| --- | --- |

LULLING Astrid

| | TURMES Claude |
| --- | --- |

TURMES Claude

Hungary (22 Members)

| | ÁDER János |
| --- | --- |

ÁDER János

| | BALCZÓ Zoltán |
| --- | --- |

BALCZÓ Zoltán

| | BOKROS Lajos |
| --- | --- |

BOKROS Lajos

| | DEUTSCH Tamás |
| --- | --- |

DEUTSCH Tamás

| | GÁL Kinga |
| --- | --- |

GÁL Kinga

| | GLATTFELDER Béla |
| --- | --- |

GLATTFELDER Béla

| | GÖNCZ Kinga |
| --- | --- |

GÖNCZ Kinga

| | GURMAI Zita |
| --- | --- |

GURMAI Zita

| | GYŐRI Enikő |
| --- | --- |

GYŐRI Enikő

| | GYÜRK András |
| --- | --- |

GYÜRK András

| | HANKISS Ágnes |
| --- | --- |

HANKISS Ágnes

| | HERCZOG Edit |
| --- | --- |

HERCZOG Edit

| | JÁRÓKA Lívia |
| --- | --- |

JÁRÓKA Lívia

| | KÓSA Ádám |
| --- | --- |

KÓSA Ádám

| | MORVAI Krisztina |
| --- | --- |

MORVAI Krisztina

| | ŐRY Csaba |
| --- | --- |

ŐRY Csaba

| | SCHMITT Pál |
| --- | --- |

SCHMITT Pál

| | SCHÖPFLIN György |
| --- | --- |

SCHÖPFLIN György

| | SURJÁN László |
| --- | --- |

SURJÁN László

| | SZÁJER József |
| --- | --- |

SZÁJER József

| | SZEGEDI Csanád |
| --- | --- |

SZEGEDI Csanád

| | TABAJDI Csaba Sándor |
| --- | --- |

TABAJDI Csaba Sándor

Malta (5 Members)

| | ATTARD-MONTALTO John |
| --- | --- |

ATTARD-MONTALTO John

| | BUSUTTIL Simon |
| --- | --- |

BUSUTTIL Simon

| | CASA David |
| --- | --- |

CASA David

| | GRECH Louis |
| --- | --- |

GRECH Louis

| | SCICLUNA Edward |
| --- | --- |

SCICLUNA Edward

Netherlands (25 Members)

| | van BAALEN Johannes Cornelis |
| --- | --- |

van BAALEN Johannes Cornelis

| | BELDER Bastiaan |
| --- | --- |

BELDER Bastiaan

| | BERMAN Thijs |
| --- | --- |

BERMAN Thijs

| | BONTES Louis |
| --- | --- |

BONTES Louis

| | BOZKURT Emine |
| --- | --- |

BOZKURT Emine

| | van de CAMP Wim |
| --- | --- |

van de CAMP Wim

| | CORNELISSEN Marije |
| --- | --- |

CORNELISSEN Marije

| | van DALEN Peter |
| --- | --- |

van DALEN Peter

| | EICKHOUT Bas |
| --- | --- |

EICKHOUT Bas

| | GERBRANDY Gerben-Jan |
| --- | --- |

GERBRANDY Gerben-Jan

| | HENNIS-PLASSCHAERT Jeanine |
| --- | --- |

HENNIS-PLASSCHAERT Jeanine

| | in 't VELD Sophia |
| --- | --- |

in 't VELD Sophia

| | de JONG Cornelis |
| --- | --- |

de JONG Cornelis

| | de LANGE Esther |
| --- | --- |

de LANGE Esther

| | LIOTARD Kartika Tamara |
| --- | --- |

LIOTARD Kartika Tamara

| | MADLENER Barry |
| --- | --- |

MADLENER Barry

| | MANDERS Toine |
| --- | --- |

MANDERS Toine

| | MERKIES Judith A. |
| --- | --- |

MERKIES Judith A.

| | van NISTELROOIJ Lambert |
| --- | --- |

van NISTELROOIJ Lambert

| | OOMEN-RUIJTEN Ria |
| --- | --- |

OOMEN-RUIJTEN Ria

| | SARGENTINI Judith |
| --- | --- |

SARGENTINI Judith

| | SCHAAKE Marietje |
| --- | --- |

SCHAAKE Marietje

| | STASSEN Laurence J.A.J. |
| --- | --- |

STASSEN Laurence J.A.J.

| | van der STOEP Daniël |
| --- | --- |

van der STOEP Daniël

| | WORTMANN-KOOL Corien |
| --- | --- |

WORTMANN-KOOL Corien

Austria (17 Members)

| | EHRENHAUSER Martin |
| --- | --- |

EHRENHAUSER Martin

| | KADENBACH Karin |
| --- | --- |

KADENBACH Karin

| | KARAS Othmar |
| --- | --- |

KARAS Othmar

| | KÖSTINGER Elisabeth |
| --- | --- |

KÖSTINGER Elisabeth

| | LEICHTFRIED Jörg |
| --- | --- |

LEICHTFRIED Jörg

| | LICHTENBERGER Eva |
| --- | --- |

LICHTENBERGER Eva

| | LUNACEK Ulrike |
| --- | --- |

LUNACEK Ulrike

| | MARTIN Hans-Peter |
| --- | --- |

MARTIN Hans-Peter

| | MÖLZER Andreas |
| --- | --- |

MÖLZER Andreas

| | OBERMAYR Franz |
| --- | --- |

OBERMAYR Franz

| | RANNER Hella |
| --- | --- |

RANNER Hella

| | REGNER Evelyn |
| --- | --- |

REGNER Evelyn

| | RÜBIG Paul |
| --- | --- |

RÜBIG Paul

| | SEEBER Richard |
| --- | --- |

SEEBER Richard

| | STRASSER Ernst |
| --- | --- |

STRASSER Ernst

| | SWOBODA Hannes |
| --- | --- |

SWOBODA Hannes

| | WERTHMANN Angelika |
| --- | --- |

WERTHMANN Angelika

Poland (50 Members)

| | BIELAN Adam |
| --- | --- |

BIELAN Adam

| | BORYS Piotr |
| --- | --- |

BORYS Piotr

| | BUZEK Jerzy |
| --- | --- |

BUZEK Jerzy

| | CYMAŃSKI Tadeusz |
| --- | --- |

CYMAŃSKI Tadeusz

| | CZARNECKI Ryszard |
| --- | --- |

CZARNECKI Ryszard

| | GERINGER de OEDENBERG Lidia Joanna |
| --- | --- |

GERINGER de OEDENBERG Lidia Joanna

| | GIEREK Adam |
| --- | --- |

GIEREK Adam

| | GRÓBARCZYK Marek Józef |
| --- | --- |

GRÓBARCZYK Marek Józef

| | GRZYB Andrzej |
| --- | --- |

GRZYB Andrzej

| | HANDZLIK Małgorzata |
| --- | --- |

HANDZLIK Małgorzata

| | HIBNER Jolanta Emilia |
| --- | --- |

HIBNER Jolanta Emilia

| | HÜBNER Danuta Maria |
| --- | --- |

HÜBNER Danuta Maria

| | JAZŁOWIECKA Danuta |
| --- | --- |

JAZŁOWIECKA Danuta

| | JĘDRZEJEWSKA Sidonia Elżbieta |
| --- | --- |

JĘDRZEJEWSKA Sidonia Elżbieta

| | KACZMAREK Filip |
| --- | --- |

KACZMAREK Filip

| | KALINOWSKI Jarosław |
| --- | --- |

KALINOWSKI Jarosław

| | KAMIŃSKI Michał Tomasz |
| --- | --- |

KAMIŃSKI Michał Tomasz

| | KOLARSKA-BOBIŃSKA Lena Barbara |
| --- | --- |

KOLARSKA-BOBIŃSKA Lena Barbara

| | KOWAL Paweł Robert |
| --- | --- |

KOWAL Paweł Robert

| | KURSKI Jacek Olgierd |
| --- | --- |

KURSKI Jacek Olgierd

| | LEGUTKO Ryszard Antoni |
| --- | --- |

LEGUTKO Ryszard Antoni

| | LEWANDOWSKI Janusz |
| --- | --- |

LEWANDOWSKI Janusz

| | LIBERADZKI Bogusław |
| --- | --- |

LIBERADZKI Bogusław

| | LISEK Krzysztof |
| --- | --- |

LISEK Krzysztof

| | ŁUKACIJEWSKA Elżbieta Katarzyna |
| --- | --- |

ŁUKACIJEWSKA Elżbieta Katarzyna

| | MARCINKIEWICZ Bogdan Kazimierz |
| --- | --- |

MARCINKIEWICZ Bogdan Kazimierz

| | MIGALSKI Marek Henryk |
| --- | --- |

MIGALSKI Marek Henryk

| | NITRAS Sławomir Witold |
| --- | --- |

NITRAS Sławomir Witold

| | OLBRYCHT Jan |
| --- | --- |

OLBRYCHT Jan

| | OLEJNICZAK Wojciech Michał |
| --- | --- |

OLEJNICZAK Wojciech Michał

| | PIOTROWSKI Mirosław |
| --- | --- |

PIOTROWSKI Mirosław

| | PORĘBA Tomasz Piotr |
| --- | --- |

PORĘBA Tomasz Piotr

| | PROTASIEWICZ Jacek |
| --- | --- |

PROTASIEWICZ Jacek

| | SARYUSZ-WOLSKI Jacek |
| --- | --- |

SARYUSZ-WOLSKI Jacek

| | SENYSZYN Joanna |
| --- | --- |

SENYSZYN Joanna

| | SIEKIERSKI Czesław Adam |
| --- | --- |

SIEKIERSKI Czesław Adam

| | SIWIEC Marek |
| --- | --- |

SIWIEC Marek

| | SKRZYDLEWSKA Joanna Katarzyna |
| --- | --- |

SKRZYDLEWSKA Joanna Katarzyna

| | SONIK Bogusław |
| --- | --- |

SONIK Bogusław

| | SZYMAŃSKI Konrad |
| --- | --- |

SZYMAŃSKI Konrad

| | THUN UND HOHENSTEIN Róża, Gräfin von |
| --- | --- |

THUN UND HOHENSTEIN Róża, Gräfin von

| | TRZASKOWSKI Rafał Kazimierz |
| --- | --- |

TRZASKOWSKI Rafał Kazimierz

| | WAŁĘSA Jarosław Leszek |
| --- | --- |

WAŁĘSA Jarosław Leszek

| | WŁOSOWICZ Jacek |
| --- | --- |

WŁOSOWICZ Jacek

| | WOJCIECHOWSKI Janusz |
| --- | --- |

WOJCIECHOWSKI Janusz

| | ZALEWSKI Paweł Ksawery |
| --- | --- |

ZALEWSKI Paweł Ksawery

| | ZASADA Artur |
| --- | --- |

ZASADA Artur

| | ZEMKE Janusz Władysław |
| --- | --- |

ZEMKE Janusz Władysław

| | ZIOBRO Zbigniew |
| --- | --- |

ZIOBRO Zbigniew

| | ZWIEFKA Tadeusz |
| --- | --- |

ZWIEFKA Tadeusz

Portugal (22 Members)

| | ALVES Luís Paulo |
| --- | --- |

ALVES Luís Paulo

| | BASTOS Regina |
| --- | --- |

BASTOS Regina

| | CAPOULAS SANTOS Luís Manuel |
| --- | --- |

CAPOULAS SANTOS Luís Manuel

| | CARVALHO Maria da Graça |
| --- | --- |

CARVALHO Maria da Graça

| | COELHO Carlos |
| --- | --- |

COELHO Carlos

| | CORREIA DE CAMPOS António Fernando |
| --- | --- |

CORREIA DE CAMPOS António Fernando

| | DAVID Mário |
| --- | --- |

DAVID Mário

| | ESTRELA Edite |
| --- | --- |

ESTRELA Edite

| | FEIO Diogo |
| --- | --- |

FEIO Diogo

| | FERNANDES José Manuel |
| --- | --- |

FERNANDES José Manuel

| | FERREIRA Elisa |
| --- | --- |

FERREIRA Elisa

| | FERREIRA João |
| --- | --- |

FERREIRA João

| | FIGUEIREDO Ilda |
| --- | --- |

FIGUEIREDO Ilda

| | GOMES Ana |
| --- | --- |

GOMES Ana

| | MATIAS Marisa |
| --- | --- |

MATIAS Marisa

| | MELO Nuno |
| --- | --- |

MELO Nuno

| | MOREIRA Vital |
| --- | --- |

MOREIRA Vital

| | PATRÃO NEVES Maria do Céu |
| --- | --- |

PATRÃO NEVES Maria do Céu

| | PORTAS Miguel |
| --- | --- |

PORTAS Miguel

| | RANGEL Paulo |
| --- | --- |

RANGEL Paulo

| | TAVARES Rui |
| --- | --- |

TAVARES Rui

| | TEIXEIRA Nuno |
| --- | --- |

TEIXEIRA Nuno

Romania (33 Members)

| | ANTONESCU Elena Oana |
| --- | --- |

ANTONESCU Elena Oana

| | BĂSESCU Elena |
| --- | --- |

BĂSESCU Elena

| | BECALI George |
| --- | --- |

BECALI George

| | BODU Sebastian Valentin |
| --- | --- |

BODU Sebastian Valentin

| | BOȘTINARU Victor |
| --- | --- |

BOȘTINARU Victor

| | BUȘOI Cristian Silviu |
| --- | --- |

BUȘOI Cristian Silviu

| | CREȚU Corina |
| --- | --- |

CREȚU Corina

| | CUTAȘ George Sabin |
| --- | --- |

CUTAȘ George Sabin

| | DĂNCILĂ Vasilica Viorica |
| --- | --- |

DĂNCILĂ Vasilica Viorica

| | ENCIU Ioan |
| --- | --- |

ENCIU Ioan

| | IVAN Cătălin Sorin |
| --- | --- |

IVAN Cătălin Sorin

| | LUHAN Petru Constantin |
| --- | --- |

LUHAN Petru Constantin

| | MACOVEI Monica Luisa |
| --- | --- |

MACOVEI Monica Luisa

| | MĂNESCU Ramona Nicole |
| --- | --- |

MĂNESCU Ramona Nicole

| | MARINESCU Marian-Jean |
| --- | --- |

MARINESCU Marian-Jean

| | MATULA Iosif |
| --- | --- |

MATULA Iosif

| | NICOLAI Norica |
| --- | --- |

NICOLAI Norica

| | NICULESCU Rareș-Lucian |
| --- | --- |

NICULESCU Rareș-Lucian

| | PAȘCU Ioan Mircea |
| --- | --- |

PAȘCU Ioan Mircea

| | PLUMB Rovana |
| --- | --- |

PLUMB Rovana

| | PREDA Cristian Dan |
| --- | --- |

PREDA Cristian Dan

| | SÂRBU Daciana Octavia |
| --- | --- |

SÂRBU Daciana Octavia

| | SEVERIN Adrian |
| --- | --- |

SEVERIN Adrian

| | SÓGOR Csaba |
| --- | --- |

SÓGOR Csaba

| | STOLOJAN Theodor Dumitru |
| --- | --- |

STOLOJAN Theodor Dumitru

| | TĂNĂSESCU Claudiu Ciprian |
| --- | --- |

TĂNĂSESCU Claudiu Ciprian

| | ȚICĂU Silvia-Adriana |
| --- | --- |

ȚICĂU Silvia-Adriana

| | TŐKÉS László |
| --- | --- |

TŐKÉS László

| | UNGUREANU Traian |
| --- | --- |

UNGUREANU Traian

| | VADIM TUDOR Corneliu |
| --- | --- |

VADIM TUDOR Corneliu

| | VĂLEAN Adina-Ioana |
| --- | --- |

VĂLEAN Adina-Ioana

| | WEBER Renate |
| --- | --- |

WEBER Renate

| | WINKLER Iuliu |
| --- | --- |

WINKLER Iuliu

Slovenia (7 Members)

| | FAJON Tanja |
| --- | --- |

FAJON Tanja

| | JORDAN CIZELJ Romana |
| --- | --- |

JORDAN CIZELJ Romana

| | KACIN Jelko |
| --- | --- |

KACIN Jelko

| | PETERLE Alojz |
| --- | --- |

PETERLE Alojz

| | THALER Zoran |
| --- | --- |

THALER Zoran

| | VAJGL Ivo |
| --- | --- |

VAJGL Ivo

| | ZVER Milan |
| --- | --- |

ZVER Milan

Slovakia (13 Members)

| | BAUER Edit |
| --- | --- |

BAUER Edit

| | FLAŠÍKOVÁ BEŇOVÁ Monika |
| --- | --- |

FLAŠÍKOVÁ BEŇOVÁ Monika

| | KOZLÍK Sergej |
| --- | --- |

KOZLÍK Sergej

| | KUKAN Eduard |
| --- | --- |

KUKAN Eduard

| | MAŇKA Vladimír |
| --- | --- |

MAŇKA Vladimír

| | MÉSZÁROS Alajos |
| --- | --- |

MÉSZÁROS Alajos

| | MIKOLÁŠIK Miroslav |
| --- | --- |

MIKOLÁŠIK Miroslav

| | NEVEĎALOVÁ Katarína |
| --- | --- |

NEVEĎALOVÁ Katarína

| | PAŠKA Jaroslav |
| --- | --- |

PAŠKA Jaroslav

| | SMOLKOVÁ Monika |
| --- | --- |

SMOLKOVÁ Monika

| | ŠŤASTNÝ Peter |
| --- | --- |

ŠŤASTNÝ Peter

| | ZÁBORSKÁ Anna |
| --- | --- |

ZÁBORSKÁ Anna

| | ZALA Boris |
| --- | --- |

ZALA Boris

Finland (13 Members)

| | ESSAYAH Sari |
| --- | --- |

ESSAYAH Sari

| | HAGLUND Carl |
| --- | --- |

HAGLUND Carl

| | HASSI Satu |
| --- | --- |

HASSI Satu

| | HAUTALA Heidi |
| --- | --- |

HAUTALA Heidi

| | ITÄLÄ Ville |
| --- | --- |

ITÄLÄ Ville

| | JAAKONSAARI Liisa |
| --- | --- |

JAAKONSAARI Liisa

| | JÄÄTTEENMÄKI Anneli |
| --- | --- |

JÄÄTTEENMÄKI Anneli

| | KORHOLA Eija-Riitta |
| --- | --- |

KORHOLA Eija-Riitta

| | MANNER Riikka |
| --- | --- |

MANNER Riikka

| | PIETIKÄINEN Sirpa |
| --- | --- |

PIETIKÄINEN Sirpa

| | REPO Mitro |
| --- | --- |

REPO Mitro

| | SOINI Timo |
| --- | --- |

SOINI Timo

| | TAKKULA Hannu |
| --- | --- |

TAKKULA Hannu

Sweden (18 Members)

| | CORAZZA BILDT Anna Maria |
| --- | --- |

CORAZZA BILDT Anna Maria

| | EK Lena |
| --- | --- |

EK Lena

| | ENGSTRÖM Christian |
| --- | --- |

ENGSTRÖM Christian

| | FÄRM Göran |
| --- | --- |

FÄRM Göran

| | FJELLNER Christofer |
| --- | --- |

FJELLNER Christofer

| | HEDH Anna |
| --- | --- |

HEDH Anna

| | HÖKMARK Gunnar |
| --- | --- |

HÖKMARK Gunnar

| | IBRISAGIC Anna |
| --- | --- |

IBRISAGIC Anna

| | LÖVIN Isabella |
| --- | --- |

LÖVIN Isabella

| | LUDVIGSSON Olle |
| --- | --- |

LUDVIGSSON Olle

| | PAULSEN Marit |
| --- | --- |

PAULSEN Marit

| | SCHLYTER Carl |
| --- | --- |

SCHLYTER Carl

| | SCHMIDT Olle |
| --- | --- |

SCHMIDT Olle

| | SVENSSON Alf |
| --- | --- |

SVENSSON Alf

| | SVENSSON Eva-Britt |
| --- | --- |

SVENSSON Eva-Britt

| | ULVSKOG Marita |
| --- | --- |

ULVSKOG Marita

| | WESTLUND Åsa |
| --- | --- |

WESTLUND Åsa

| | WIKSTRÖM Cecilia |
| --- | --- |

WIKSTRÖM Cecilia

United Kingdom (72 Members)

| | AGNEW John Stuart |
| --- | --- |

AGNEW John Stuart

| | ANDREASEN Marta |
| --- | --- |

ANDREASEN Marta

| | ASHWORTH Richard |
| --- | --- |

ASHWORTH Richard

| | ATKINS Robert |
| --- | --- |

ATKINS Robert

| | BATTEN Gerard |
| --- | --- |

BATTEN Gerard

| | BEARDER Catherine |
| --- | --- |

BEARDER Catherine

| | BLOOM Godfrey |
| --- | --- |

BLOOM Godfrey

| | BOWLES Sharon |
| --- | --- |

BOWLES Sharon

| | BRADBOURN Philip |
| --- | --- |

BRADBOURN Philip

| | BRONS Andrew Henry William |
| --- | --- |

BRONS Andrew Henry William

| | BUFTON John |
| --- | --- |

BUFTON John

| | CALLANAN Martin |
| --- | --- |

CALLANAN Martin

| | CAMPBELL BANNERMAN David |
| --- | --- |

CAMPBELL BANNERMAN David

| | CASHMAN Michael |
| --- | --- |

CASHMAN Michael

| | CHICHESTER Giles |
| --- | --- |

CHICHESTER Giles

| | CLARK Derek Roland |
| --- | --- |

CLARK Derek Roland

| | COLMAN Trevor |
| --- | --- |

COLMAN Trevor

| | (The Earl of) DARTMOUTH William |
| --- | --- |

(The Earl of) DARTMOUTH William

| | DAVIES Chris |
| --- | --- |

DAVIES Chris

| | de BRÚN Bairbre |
| --- | --- |

de BRÚN Bairbre

| | DEVA Nirj |
| --- | --- |

DEVA Nirj

| | DODDS Diane |
| --- | --- |

DODDS Diane

| | DUFF Andrew |
| --- | --- |

DUFF Andrew

| | ELLES James |
| --- | --- |

ELLES James

| | EVANS Jill |
| --- | --- |

EVANS Jill

| | FARAGE Nigel |
| --- | --- |

FARAGE Nigel

| | FORD Vicky |
| --- | --- |

FORD Vicky

| | FOSTER Jacqueline |
| --- | --- |

FOSTER Jacqueline

| | FOX Ashley |
| --- | --- |

FOX Ashley

| | GIRLING Julie |
| --- | --- |

GIRLING Julie

| | GRIFFIN Nick |
| --- | --- |

GRIFFIN Nick

| | HALL Fiona |
| --- | --- |

HALL Fiona

| | HANNAN Daniel |
| --- | --- |

HANNAN Daniel

| | HARBOUR Malcolm |
| --- | --- |

HARBOUR Malcolm

| | HELMER Roger |
| --- | --- |

HELMER Roger

| | HONEYBALL Mary |
| --- | --- |

HONEYBALL Mary

| | HOWITT Richard |
| --- | --- |

HOWITT Richard

| | HUDGHTON Ian |
| --- | --- |

HUDGHTON Ian

| | HUGHES Stephen |
| --- | --- |

HUGHES Stephen

| | KAMALL Syed |
| --- | --- |

KAMALL Syed

| | KARIM Sajjad |
| --- | --- |

KARIM Sajjad

| | KIRKHOPE Timothy |
| --- | --- |

KIRKHOPE Timothy

| | LAMBERT Jean |
| --- | --- |

LAMBERT Jean

| | LUCAS Caroline |
| --- | --- |

LUCAS Caroline

| | LUDFORD Sarah |
| --- | --- |

LUDFORD Sarah

| | LYNNE Elizabeth |
| --- | --- |

LYNNE Elizabeth

| | LYON George |
| --- | --- |

LYON George

| | McAVAN Linda |
| --- | --- |

McAVAN Linda

| | McCARTHY Arlene |
| --- | --- |

McCARTHY Arlene

| | McCLARKIN Emma |
| --- | --- |

McCLARKIN Emma

| | McMILLAN-SCOTT Edward |
| --- | --- |

McMILLAN-SCOTT Edward

| | MARTIN David |
| --- | --- |

MARTIN David

| | MORAES Claude |
| --- | --- |

MORAES Claude

| | NATTRASS Mike |
| --- | --- |

NATTRASS Mike

| | NEWTON DUNN Bill |
| --- | --- |

NEWTON DUNN Bill

| | NICHOLSON James |
| --- | --- |

NICHOLSON James

| | NUTTALL Paul |
| --- | --- |

NUTTALL Paul

| | SIMPSON Brian |
| --- | --- |

SIMPSON Brian

| | SINCLAIRE Nicole |
| --- | --- |

SINCLAIRE Nicole

| | SKINNER Peter |
| --- | --- |

SKINNER Peter

| | SMITH Alyn |
| --- | --- |

SMITH Alyn

| | STEVENSON Struan |
| --- | --- |

STEVENSON Struan

| | STIHLER Catherine |
| --- | --- |

STIHLER Catherine

| | STURDY Robert |
| --- | --- |

STURDY Robert

| | SWINBURNE Kay |
| --- | --- |

SWINBURNE Kay

| | TANNOCK Charles |
| --- | --- |

TANNOCK Charles

| | VAN ORDEN Geoffrey |
| --- | --- |

VAN ORDEN Geoffrey

| | VAUGHAN Derek |
| --- | --- |

VAUGHAN Derek

| | WALLIS Diana |
| --- | --- |

WALLIS Diana

| | WATSON Graham |
| --- | --- |

WATSON Graham

| | WILLMOTT Glenis |
| --- | --- |

WILLMOTT Glenis

| | YANNAKOUDAKIS Marina |
| --- | --- |

YANNAKOUDAKIS Marina

---

(1)  Jean-Claude MARCOURT's mandate ended on 16 July 2009.

(2)  Mandate valid with effect from 16 July 2009, date of the notification by the competent national authority of the election of Marc TARABELLA to replace Jean-Claude MARCOURT.

(3)  Rumiana JELEVA's mandate ended on 27 July 2009.

(4)  Mandate valid with effect from 24 August 2009, date of the notification by the competent national authority of the election of Andrey KOVATCHEV to replace Rumiana JELEVA.

---

| 22.10.2010 | EN | Official Journal of the European Union | CE 286/44 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/44

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Wednesday 16 December 2009Conference of Committee Chairs and of Delegation Chairs (interpretation of Rules 27 and 28)

P7_TA(2009)0112

European Parliament decision of 16 December 2009 on interpretation of Rules 27 and 28 of Parliament's Rules of Procedure on replacing the Chair of the Conference of Committee Chairs or the Conference of Delegation Chairs in the event of absence

2010/C 286 E/09

The European Parliament,

having regard to the letter of 2 December 2009 from the chair of the Committee on Constitutional Affairs,

having regard to Rule 211 of its Rules of Procedure,

| 1. | Decides to append the following interpretation to Rules 27(1) and 28(1):
  ‘In the absence of the Chair, the meeting of the Conference shall be chaired by the oldest Member, or, in the absence of the latter, by the oldest Member present.’; |
| --- | --- |

1.

Decides to append the following interpretation to Rules 27(1) and 28(1):

‘In the absence of the Chair, the meeting of the Conference shall be chaired by the oldest Member, or, in the absence of the latter, by the oldest Member present.’;

| 2. | Instructs its President to forward this decision to the Council and the Commission, for information. |
| --- | --- |

2.

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

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III Preparatory acts

European Parliament

Tuesday 15 December 2009

| 22.10.2010 | EN | Official Journal of the European Union | CE 286/45 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/45

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Tuesday 15 December 2009European Microfinance Facility for Employment and Social Inclusion (Progress) ***I

P7_TA(2009)0106

European Parliament legislative resolution of 15 December 2009 on the proposal for a decision of the European Parliament and of the Council establishing a European Microfinance Facility for Employment and Social Inclusion (Progress Microfinance Facility) (COM(2009)0333 – C7-0053/2009 – 2009/0096(COD))

2010/C 286 E/10

(Ordinary legislative procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0333) and the amended proposal (COM(2009)0340),

having regard to Article 251(2) and the third paragraph of Article 159 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7-0053/2009),

having regard to the Communication from the Commission to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

having regard to Article 294(3) and the third paragraph of Article 175 of the Treaty on the Functioning of the EU,

having regard to Rule 55 of its Rules of Procedure,

having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Budgets and the Committee on Economic and Monetary Affairs (A7-0050/2009),

| 1. | Adopts the position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts the position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, to the Commission and to the national parliaments. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, to the Commission and to the national parliaments.

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Tuesday 15 December 2009P7_TC1-COD(2009)0096

Position of the European Parliament adopted at first reading on 15 December 2009 with a view to the adoption of Decision No .../2010/EU of the European Parliament and of the Council establishing a European Progress Microfinance Facility for employment and social inclusion

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 283/2010/EU.)

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Wednesday 16 December 2009

| 22.10.2010 | EN | Official Journal of the European Union | CE 286/47 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/47

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Wednesday 16 December 2009Mobilisation of the European Globilisation Adjustment Fund: Sweden – Volvo; Austria – Steiermark; Netherlands – Heijmans

P7_TA(2009)0107

European Parliament resolution of 16 December 2009 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2009)0602 – C7-0254/2009 – 2009/2183(BUD))

2010/C 286 E/11

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0602 – C7-0254/2009),

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1) (IIA of 17 May 2006), and in particular point 28 thereof,

having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (2) (EGF Regulation),

having regard to the report of the Committee on Budgets and the opinion of the Committee on Employment and Social Affairs (A7-0079/2009),

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

A.

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

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

B.

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

| C. | whereas Sweden, Austria and the Netherlands have requested assistance in respect of cases concerning redundancies in the automotive sector in Sweden (3) and Austria (4), and in the construction sector in one enterprise, Heijmans N.V., in the Netherlands (5); |
| --- | --- |

C.

whereas Sweden, Austria and the Netherlands have requested assistance in respect of cases concerning redundancies in the automotive sector in Sweden (3) and Austria (4), and in the construction sector in one enterprise, Heijmans N.V., in the Netherlands (5);

| D. | whereas the applications have fulfilled the eligibility criteria set up by the EGF Regulation, |
| --- | --- |

D.

whereas the applications have fulfilled the eligibility criteria set up by the EGF Regulation,

| 1. | Requests the institutions involved to make the necessary efforts to accelerate the mobilisation of the EGF; |
| --- | --- |

1.

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

| 2. | Recalls the institutions' commitment to ensure a smooth and rapid procedure for the adoption of the decisions on the mobilisation of the Fund, providing one-off, time-limited individual support geared to helping workers who have suffered redundancies as a result of globalisation; |
| --- | --- |

2.

Recalls the institutions' commitment to ensure a smooth and rapid procedure for the adoption of the decisions on the mobilisation of the Fund, providing one-off, time-limited individual support geared to helping workers who have suffered redundancies as a result of globalisation;

| 3. | Stresses that the possibility of grouping proposals for decisions on the mobilisation of the fund together into batches in accordance with Article 12(3) of the EGF Regulation puts in jeopardy the right of the budgetary authority to examine each application on the basis of its own merits and could, as a consequence, penalise certain of them; |
| --- | --- |

3.

Stresses that the possibility of grouping proposals for decisions on the mobilisation of the fund together into batches in accordance with Article 12(3) of the EGF Regulation puts in jeopardy the right of the budgetary authority to examine each application on the basis of its own merits and could, as a consequence, penalise certain of them;

| 4. | Stresses that the European Union should use all its means to face the consequences of the global economic and financial crisis; emphasises that in this respect the EGF can play a crucial role in the reintegration of the workers made redundant into the labour market; |
| --- | --- |

4.

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

| 5. | Stresses that, in accordance with Article 6 of the EGF Regulation, it should be ensured that the EGF supports the reintegration of the individual redundant workers into employment; reiterates that assistance from the EGF shall not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors; |
| --- | --- |

5.

Stresses that, in accordance with Article 6 of the EGF Regulation, it should be ensured that the EGF supports the reintegration of the individual redundant workers into employment; reiterates that assistance from the EGF shall not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors;

| 6. | Reminds the Commission, in the context of mobilising the EGF, not to systematically transfer payment appropriations from the European Social Fund, since the EGF was created as a separate specific instrument with its own objectives and deadlines; |
| --- | --- |

6.

Reminds the Commission, in the context of mobilising the EGF, not to systematically transfer payment appropriations from the European Social Fund, since the EGF was created as a separate specific instrument with its own objectives and deadlines;

| 7. | Recalls that the functioning and the added value of the EGF should be evaluated in the context of the general assessment of the programmes and other various instruments created by the IIA of 17 May 2006, within the process of the 2007-2013 multiannual financial framework budget review; |
| --- | --- |

7.

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

| 8. | Approves the decision annexed to this resolution; |
| --- | --- |

8.

Approves the decision annexed to this resolution;

| 9. | Calls on the Commission from now on to submit proposals to authorise the mobilisation of the Fund separately for every single application; |
| --- | --- |

9.

Calls on the Commission from now on to submit proposals to authorise the mobilisation of the Fund separately for every single application;

| 10. | Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

10.

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

| 11. | Instructs its President to forward this resolution, including its annex, to the Council and the Commission. |
| --- | --- |

11.

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

---

(1)  OJ C 139, 14.6.2006, p. 1.

(2)  OJ L 406, 30.12.2006, p. 1.

(3)  EGF/2009/007 SE/Volvo.

(4)  EGF/2009/009 AT/Steiermark.

(5)  EGF/2009/011 NL/Heijmans N.V.

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Wednesday 16 December 2009ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

having regard to the Treaty establishing the European Community and to the Treaty on the Functioning of the European Union,

having regard to the Inter-institutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,

having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,

having regard to the proposal from the Commission,

Whereas:

| (1) | The European Globalisation Adjustment Fund (EGF) was established to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist them with their reintegration into the labour market. |
| --- | --- |

(1)

The European Globalisation Adjustment Fund (EGF) was established to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist them with their reintegration into the labour market.

| (2) | The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a result of the global financial and economic crisis. |
| --- | --- |

(2)

The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a result of the global financial and economic crisis.

| (3) | The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million. |
| --- | --- |

(3)

The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

| (4) | Sweden submitted an application to mobilise the EGF, in respect of redundancies in the automotive sector, on 5 June 2009. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006, therefore the Commission proposes to deploy an amount of EUR 9 839 674. |
| --- | --- |

(4)

Sweden submitted an application to mobilise the EGF, in respect of redundancies in the automotive sector, on 5 June 2009. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006, therefore the Commission proposes to deploy an amount of EUR 9 839 674.

| (5) | Austria submitted an application to mobilise the EGF, in respect of redundancies in the automotive sector, on 9 July 2009. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006, therefore the Commission proposes to deploy an amount of EUR 5 705 635. |
| --- | --- |

(5)

Austria submitted an application to mobilise the EGF, in respect of redundancies in the automotive sector, on 9 July 2009. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006, therefore the Commission proposes to deploy an amount of EUR 5 705 635.

| (6) | The Netherlands submitted an application to mobilise the EGF, in respect of redundancies in the construction sector, on 4 August 2009. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006, therefore the Commission proposes to deploy an amount of EUR 386 114. |
| --- | --- |

(6)

The Netherlands submitted an application to mobilise the EGF, in respect of redundancies in the construction sector, on 4 August 2009. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006, therefore the Commission proposes to deploy an amount of EUR 386 114.

| (7) | The EGF should, therefore, be mobilised in order to provide a financial contribution for the applications submitted by Sweden, Austria and the Netherlands. |
| --- | --- |

(7)

The EGF should, therefore, be mobilised in order to provide a financial contribution for the applications submitted by Sweden, Austria and the Netherlands.

HAVE DECIDED AS FOLLOWS:

Article 1

For the general budget of the European Union for the financial year 2009, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 15 931 423 in commitment and payment appropriations.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at Strasbourg,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 139, 14.6.2006, p. 1.

1

(2)  OJ L 406, 30.12.2006, p. 1.

2

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| 22.10.2010 | EN | Official Journal of the European Union | CE 286/50 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/50

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Wednesday 16 December 2009Draft amending budget No 10/2009 of the European Union for the financial year 2009, Section III - Commission

P7_TA(2009)0108

European Parliament resolution of 16 December 2009 on draft amending budget No 10/2009 of the European Union for the financial year 2009, Section III – Commission (16327/2009 – C7-0288/2009 – 2009/2185(BUD))

2010/C 286 E/12

The European Parliament,

having regard to Article 314 of the Treaty on the Functioning of the European Union,

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

having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and particularly Articles 37 and 38,

having regard to the general budget of the European Union for the financial year 2009, as finally adopted on 18 December 2008 (2),

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),

having regard to the joint declaration on the financing of the European Economic Recovery Plan made by the budgetary authority at the trilogue of 2 April 2009,

having regard to Preliminary draft amending budget No 10/2009 of the European Union for the financial year 2009 (PDAB), which the Commission presented on 27 October 2009 (SEC(2009)1464),

having regard to the further adjustment of the PDAB proposed by the Commission on 11 November 2009,

having regard to the results of the conciliation meeting of 18 November 2009,

having regard to Draft amending budget No 10/2009, which the Council established on 20 November 2009 (16327/2009 – C7-0288/2009),

having regard to Rules 75b to 75e of its Rules of Procedure,

having regard to the report of the Committee on Budgets (A7-0081/2009),

| A. | whereas Draft amending budget No 10/2009 covers the following items:






  — | a net increase in the forecast of revenue for an amount of EUR 478 700 000 after the revision of the forecasts of own resources and other revenue, |
| --- | --- | --- |

A.

whereas Draft amending budget No 10/2009 covers the following items:

—

a net increase in the forecast of revenue for an amount of EUR 478 700 000 after the revision of the forecasts of own resources and other revenue,

| — | a decrease of payment appropriations in budget lines for sub-heading 1a and headings 2 and 4 for an amount of EUR 2 768 700 000 after taking into account the redeployments proposed in the so-called ‘global transfer’ (DEC 27/2009), |
| --- | --- |

—

a decrease of payment appropriations in budget lines for sub-heading 1a and headings 2 and 4 for an amount of EUR 2 768 700 000 after taking into account the redeployments proposed in the so-called ‘global transfer’ (DEC 27/2009),

| — | a decrease in commitment appropriations under headings 2 and 5 for an amount of EUR 359 000 000, leading to a corresponding increase in the respective margin, in order to provide part of the financing of the second part of the European Economic Recovery Plan (EERP), |
| --- | --- |

—

a decrease in commitment appropriations under headings 2 and 5 for an amount of EUR 359 000 000, leading to a corresponding increase in the respective margin, in order to provide part of the financing of the second part of the European Economic Recovery Plan (EERP),

| B. | whereas on 11 November 2009 the Commission informed Parliament and the Council that the PDAB needed further adjustments concerning:






  — | an increase in the forecast of revenue, |
| --- | --- | --- |

B.

whereas on 11 November 2009 the Commission informed Parliament and the Council that the PDAB needed further adjustments concerning:

—

an increase in the forecast of revenue,

| — | a decrease under heading 2 concerning European Agriculture Guarantee Fund (EAGF) appropriations, both in commitments and in payments, |
| --- | --- |

—

a decrease under heading 2 concerning European Agriculture Guarantee Fund (EAGF) appropriations, both in commitments and in payments,

| — | a decrease under heading 2 concerning European Agriculture Rural Development Fund (EARDF) payment appropriations, |
| --- | --- |

—

a decrease under heading 2 concerning European Agriculture Rural Development Fund (EARDF) payment appropriations,

| C. | whereas it was agreed at the conciliation meeting of 18 November 2009 to accept Draft amending budget No 10/2009 as adjusted on 11 November 2009 and as modified during the conciliation itself for further additional amounts of EUR 40 000 000 from Section II (Council), EUR 2 000 000 from Section VI (the European Economic and Social Committee) and EUR 500 000 from Section VII (the Committee of the Regions) of the 2009 budget, |
| --- | --- |

C.

whereas it was agreed at the conciliation meeting of 18 November 2009 to accept Draft amending budget No 10/2009 as adjusted on 11 November 2009 and as modified during the conciliation itself for further additional amounts of EUR 40 000 000 from Section II (Council), EUR 2 000 000 from Section VI (the European Economic and Social Committee) and EUR 500 000 from Section VII (the Committee of the Regions) of the 2009 budget,

| D. | whereas the purpose of Draft amending budget No 10/2009 is to formally enter this budgetary adjustment into the 2009 budget, |
| --- | --- |

D.

whereas the purpose of Draft amending budget No 10/2009 is to formally enter this budgetary adjustment into the 2009 budget,

| 1. | Approves Draft amending budget No 10/2009 unamended; |
| --- | --- |

1.

Approves Draft amending budget No 10/2009 unamended;

| 2. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

2.

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

---

(1)  OJ L 248, 16.9.2002, p. 1.

(2)  OJ L 69, 13.3.2009.

(3)  OJ C 139, 14.6.2006, p. 1.

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Thursday 17 December 2009

| 22.10.2010 | EN | Official Journal of the European Union | CE 286/52 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/52

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Thursday 17 December 2009Mobilisation of the Flexibility Instrument

P7_TA(2009)0113

European Parliament resolution of 17 December 2009 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the Flexibility Instrument in accordance with point 27 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2009)0660 – C7-0303/2009 – 2009/2207(BUD))

2010/C 286 E/13

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0660 – C7-0303/2009),

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1) the IIA, and in particular point 27 thereof,

having regard to its first reading of 22 October 2009 of the 2010 draft general budget (2),

having regard to the declaration adopted by the three institutions on 2 April 2009 on the financing of the European Economic Recovery Plan,

having regard to the results of the conciliation meeting of 18 November 2009,

having regard to the report of the Committee on Budgets (A7-0080/2009),

| A. | whereas the EU institutions consider it imperative to finance the second phase of the European Economic Recovery Plan (EERP), |
| --- | --- |

A.

whereas the EU institutions consider it imperative to finance the second phase of the European Economic Recovery Plan (EERP),

| B. | whereas during its accession negotiations, Bulgaria committed itself to the closure of the Kozloduy nuclear power plant with the help of financial support from the Community in 2007-2009, |
| --- | --- |

B.

whereas during its accession negotiations, Bulgaria committed itself to the closure of the Kozloduy nuclear power plant with the help of financial support from the Community in 2007-2009,

| C. | whereas the decommissioning of the Kozloduy power plant will continue after 2009 and require financing of EUR 300 000 000 for the period 2010-2013, |
| --- | --- |

C.

whereas the decommissioning of the Kozloduy power plant will continue after 2009 and require financing of EUR 300 000 000 for the period 2010-2013,

| D. | whereas the two arms of the budgetary authority decided at the conciliation meeting of 18 November 2009 to mobilise the Flexibility Instrument to:






  — | complement the financing of the EERP for an amount of EUR 120 000 000 in the 2010 budget; |
| --- | --- | --- |

D.

whereas the two arms of the budgetary authority decided at the conciliation meeting of 18 November 2009 to mobilise the Flexibility Instrument to:

—

complement the financing of the EERP for an amount of EUR 120 000 000 in the 2010 budget;

| — | finance the decommissioning of the Kozloduy power plant for an amount of EUR 75 000 000 in 2010, |
| --- | --- |

—

finance the decommissioning of the Kozloduy power plant for an amount of EUR 75 000 000 in 2010,

| 1. | Notes that, despite the redeployment of funds from the 2009 and the 2010 margins, the ceiling of sub-heading 1a did not allow for an adequate financing of the EERP and the decommissioning of the Kozloduy power plant; welcomes, therefore, the agreement reached during the conciliation on the use of the Flexibility Instrument for these purposes for a total amount of EUR 195 000 000; |
| --- | --- |

1.

Notes that, despite the redeployment of funds from the 2009 and the 2010 margins, the ceiling of sub-heading 1a did not allow for an adequate financing of the EERP and the decommissioning of the Kozloduy power plant; welcomes, therefore, the agreement reached during the conciliation on the use of the Flexibility Instrument for these purposes for a total amount of EUR 195 000 000;

| 2. | Deplores the fact that the Commission presented the financing needs for the Kozloduy power plant only in Letter of amendment No 2/2010, i.e. after Parliament's first reading, where Parliament had set its priorities for the 2010 budget; considers that the late arrival of the proposal, which created an additional pressure on sub-heading 1a, considerably affected the dynamics of the negotiations on the 2010 budget and Parliament's ability to pursue its political priorities; |
| --- | --- |

2.

Deplores the fact that the Commission presented the financing needs for the Kozloduy power plant only in Letter of amendment No 2/2010, i.e. after Parliament's first reading, where Parliament had set its priorities for the 2010 budget; considers that the late arrival of the proposal, which created an additional pressure on sub-heading 1a, considerably affected the dynamics of the negotiations on the 2010 budget and Parliament's ability to pursue its political priorities;

| 3. | Considers it, however, essential to stick to the political commitments given in the Protocol concerning the conditions and arrangement for the admission of Bulgaria to the European Union, and thus to continue financing the decommissioning of the Kozloduy power plant in 2010; |
| --- | --- |

3.

Considers it, however, essential to stick to the political commitments given in the Protocol concerning the conditions and arrangement for the admission of Bulgaria to the European Union, and thus to continue financing the decommissioning of the Kozloduy power plant in 2010;

| 4. | Points out that further financing of the decommissioning of the Kozloduy power plant in 2011-2013 should be without prejudice to the financing of existing multi-annual programmes and actions; |
| --- | --- |

4.

Points out that further financing of the decommissioning of the Kozloduy power plant in 2011-2013 should be without prejudice to the financing of existing multi-annual programmes and actions;

| 5. | Approves the decision annexed to this resolution; |
| --- | --- |

5.

Approves the decision annexed to this resolution;

| 6. | Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

6.

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

| 7. | Instructs its President to forward this resolution, including its annex, to the Council and the Commission. |
| --- | --- |

7.

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

---

(1)  OJ C 139, 14.6.2006, p. 1.

(2)  Texts adopted, P7_TA(2009)0051 and P7_TA(2009)0052.

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Thursday 17 December 2009ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the Flexibility Instrument in accordance with point 27 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular the fifth paragraph of point 27 thereof,

having regard to the proposal from the Commission,

Whereas, after examining all the possibilities for re-allocating appropriations under subheading 1a at the conciliation meeting on 18 November 2009, the two arms of the budgetary authority agreed to mobilise the Flexibility Instrument to complement the financing in the 2010 budget, beyond the ceiling of subheading 1a, of:

| — | EUR 120 million towards the financing of projects in the field of energy in the context of the European Economic Recovery Plan; |
| --- | --- |

—

EUR 120 million towards the financing of projects in the field of energy in the context of the European Economic Recovery Plan;

| — | EUR 75 million for the decommissioning of the Kozloduy nuclear power plant. |
| --- | --- |

—

EUR 75 million for the decommissioning of the Kozloduy nuclear power plant.

HAVE DECIDED AS FOLLOWS:

Article 1

For the general budget of the European Union for the financial year 2010, the Flexibility Instrument shall be used to provide the sum of EUR 195 million in commitment appropriations under subheading 1a.

That amount shall be used to complement the financing of:

| — | EUR 120 million towards the financing of projects in the field of energy in the context of the European Economic Recovery Plan; |
| --- | --- |

—

EUR 120 million towards the financing of projects in the field of energy in the context of the European Economic Recovery Plan;

| — | EUR 75 million for the decommissioning of the Kozloduy nuclear power plant. |
| --- | --- |

—

EUR 75 million for the decommissioning of the Kozloduy nuclear power plant.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at Strasbourg,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 139, 14.6.2006, p. 1.

1

---

| 22.10.2010 | EN | Official Journal of the European Union | CE 286/54 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/54

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Thursday 17 December 2009Financial framework 2007-2013: financing energy projects under the European Economic Recovery Plan (amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management)

P7_TA(2009)0114

European Parliament resolution of 17 December 2009 on the amended proposal for a decision of the European Parliament and of the Council amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework - Financing projects in the field of energy in the context of the European Economic Recovery Plan (COM(2009)0662 – C7-0305/2009 – 2009/2211(ACI))

2010/C 286 E/14

The European Parliament,

having regard to the amended Commission proposal to the European Parliament and the Council (COM(2009)0662 – C7-0305/2009),

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular points 21, 22, first and second paragraphs, and 23 thereof,

having regard to the Decision of the European Parliament and the Council of 6 May 2009 amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework (2007 to 2013) (2),

having regard to its resolutions of 25 March 2009 on the Mid-term Review of the 2007-2013 Financial Framework (3) and of 10 March 2009 on Guidelines for the 2010 budget procedure (4),

having regard to the declaration by the European Parliament, the Council and the Commission of 2 April 2009 on the financing of the European Economic Recovery Plan (EERP),

having regard to the summary of conclusions of the conciliation meeting of 18 November 2009,

having regard to the report of the Committee on Budgets (A7-0085/2009),

| 1. | Approves the conclusions of the conciliation meeting of 18 November 2009; |
| --- | --- |

1.

Approves the conclusions of the conciliation meeting of 18 November 2009;

| 2. | Stresses that the agreement reached on the revision of the 2007-2013 multiannual financial framework (MFF) is the result of successful interinstitutional cooperation in responding to the financial and economic crisis that Member States are experiencing, through the promotion of solidarity in the energy resources field and the promotion of broadband in rural areas as well as support to the agriculture sector; notes that the agreement builds on the principles set out in the above-mentioned declaration by the three institutions of 2 April 2009; |
| --- | --- |

2.

Stresses that the agreement reached on the revision of the 2007-2013 multiannual financial framework (MFF) is the result of successful interinstitutional cooperation in responding to the financial and economic crisis that Member States are experiencing, through the promotion of solidarity in the energy resources field and the promotion of broadband in rural areas as well as support to the agriculture sector; notes that the agreement builds on the principles set out in the above-mentioned declaration by the three institutions of 2 April 2009;

| 3. | Agrees to the political compromise which mobilises various budgetary means available in the budgetary legal framework, including the revision of the 2007-2013 MFF for the years 2009 and 2010 and the use of the Flexibility Instrument to allow the full financing of the EERP in 2010; expresses its satisfaction that no financing of the EERP has been postponed to 2011, meaning that the 2011 annual budgetary procedure will not be affected; |
| --- | --- |

3.

Agrees to the political compromise which mobilises various budgetary means available in the budgetary legal framework, including the revision of the 2007-2013 MFF for the years 2009 and 2010 and the use of the Flexibility Instrument to allow the full financing of the EERP in 2010; expresses its satisfaction that no financing of the EERP has been postponed to 2011, meaning that the 2011 annual budgetary procedure will not be affected;

| 4. | Notes that after the revision of the 2007-2013 MFF for the financing of the EERP, the margins available under sub-headings 1a and 1b and headings 2 and 5 are extremely tight for 2010, leaving little room for manoeuvre should unexpected financial needs arise during the year; |
| --- | --- |

4.

Notes that after the revision of the 2007-2013 MFF for the financing of the EERP, the margins available under sub-headings 1a and 1b and headings 2 and 5 are extremely tight for 2010, leaving little room for manoeuvre should unexpected financial needs arise during the year;

| 5. | Points out that the financing of the decommissioning of the Kozloduy nuclear power plant has been settled only for 2010, whereas the need for financial support by the EU will continue until 2013 and totals EUR 300 000 000, including the amount made available under the 2010 budget; stresses that the financing of the decommissioning of the Kozloduy nuclear power plant should not jeopardise the financing of multiannual programmes and actions under sub-heading 1a; |
| --- | --- |

5.

Points out that the financing of the decommissioning of the Kozloduy nuclear power plant has been settled only for 2010, whereas the need for financial support by the EU will continue until 2013 and totals EUR 300 000 000, including the amount made available under the 2010 budget; stresses that the financing of the decommissioning of the Kozloduy nuclear power plant should not jeopardise the financing of multiannual programmes and actions under sub-heading 1a;

| 6. | Considers that the 2007-2013 MFF does not correspond to the financial needs of the European Union; therefore calls on the Commission to submit a proposal for a mid-term review of the 2007-2013 MFF without delay; |
| --- | --- |

6.

Considers that the 2007-2013 MFF does not correspond to the financial needs of the European Union; therefore calls on the Commission to submit a proposal for a mid-term review of the 2007-2013 MFF without delay;

| 7. | Approves the decision annexed to this resolution; |
| --- | --- |

7.

Approves the decision annexed to this resolution;

| 8. | Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

8.

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

| 9. | Instructs its President to forward this resolution, including its annex, to the Council and the Commission. |
| --- | --- |

9.

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

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(1)  OJ C 139, 14.6.2006, p. 1.

(2)  OJ L 132, 29.5.2009, p. 8.

(3)  Texts adopted, P6_TA(2009)0174.

(4)  Texts adopted, P6_TA(2009)0095 and P6_TA(2009)0096.

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Thursday 17 December 2009ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework - Financing projects in the field of energy in the context of the European Economic Recovery Plan

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (1), and in particular to points 21, 22, first and second paragraphs, and 23 thereof,

Having regard to the amended proposal from the Commission,

Whereas:

| (1) | At the budgetary conciliation meeting of 18 November 2009 the European Parliament, the Council and the Commission agreed on the modalities for providing additional financing, in the framework of the European Economic Recovery Plan, to projects in the field of energy and broadband internet as well as investments for strengthening operations related to the ‘new challenges’ defined in the context of the assessment of the 2003 mid-term reform of the Common Agricultural Policy (‘Health Check’) (2). The financing requires a revision of the multiannual financial framework 2007-2013 in accordance with points 21, 22, and 23 of the Interinstitutional Agreement, so as to raise the ceiling for the year 2010 for commitment appropriations under subheading 1a by an amount of EUR 1 779 million in current prices. |
| --- | --- |

(1)

At the budgetary conciliation meeting of 18 November 2009 the European Parliament, the Council and the Commission agreed on the modalities for providing additional financing, in the framework of the European Economic Recovery Plan, to projects in the field of energy and broadband internet as well as investments for strengthening operations related to the ‘new challenges’ defined in the context of the assessment of the 2003 mid-term reform of the Common Agricultural Policy (‘Health Check’) (2). The financing requires a revision of the multiannual financial framework 2007-2013 in accordance with points 21, 22, and 23 of the Interinstitutional Agreement, so as to raise the ceiling for the year 2010 for commitment appropriations under subheading 1a by an amount of EUR 1 779 million in current prices.

| (2) | The increase of the ceiling for subheading 1a for the year 2010 will be fully offset by decreasing the ceilings for commitment appropriations under headings 1a, 1b, 2, 3a and 5 for the year 2009 as well as the ceilings for commitment appropriations under headings 1a, 2 and 5 for 2010. |
| --- | --- |

(2)

The increase of the ceiling for subheading 1a for the year 2010 will be fully offset by decreasing the ceilings for commitment appropriations under headings 1a, 1b, 2, 3a and 5 for the year 2009 as well as the ceilings for commitment appropriations under headings 1a, 2 and 5 for 2010.

| (3) | In order to keep an appropriate relationship between commitments and payments, the annual ceilings for payment appropriations will be adjusted. The adjustment will be neutral. |
| --- | --- |

(3)

In order to keep an appropriate relationship between commitments and payments, the annual ceilings for payment appropriations will be adjusted. The adjustment will be neutral.

| (4) | Annex I of the Interinstitutional Agreement on budgetary discipline and sound financial management should therefore be amended accordingly (3), |
| --- | --- |

(4)

Annex I of the Interinstitutional Agreement on budgetary discipline and sound financial management should therefore be amended accordingly (3),

HAVE DECIDED AS FOLLOWS:

Sole Article

Annex I to the Interinstitutional Agreement on budgetary discipline and sound financial management is replaced by the Annex to this Decision.

Done at Strasbourg,

For the European Parliament

The President

For the Council

The President

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(1)  OJ C 139, 14.6.2006, p. 1.

1

(2)  COM(2008)0800, COM(2008)0859, COM(2009)0171 and OJ L 132, 29.5.2009, p. 8.

2

(3)  For that purpose, the figures resulting from the above agreement are converted into 2004 prices.

3

ANNEX

FINANCIAL FRAMEWORK 2007-2013

| (EUR million - constant 2004 prices) |
| --- |
| COMMITMENT APPROPRIATIONS | 2007 | 2008 | 2009 | 2010 | 2011 | 2012 | 2013 | Total
  2007-2013 |
| 1. | Sustainable Growth |

(EUR million - constant 2004 prices)

COMMITMENT APPROPRIATIONS

2007

2008

2009

2010

2011

2012

2013

Total

2007-2013

1.

50 865

53 262

55 879

56 435

55 400

56 866

58 256

386 963

| 1a | Competitiveness for Growth and Employment |
| --- | --- |

1a

Competitiveness for Growth and Employment

8 404

9 595

12 018

12 580

11 306

12 122

12 914

78 939

| 1b | Cohesion for Growth and Employment |
| --- | --- |

1b

Cohesion for Growth and Employment

42 461

43 667

43 861

43 855

44 094

44 744

45 342

308 024

| 2. | Preservation and Management of Natural Resources |
| --- | --- |

2.

51 962

54 685

51 023

53 238

52 528

51 901

51 284

366 621

of which market related expenditure and direct payments

43 120

42 697

42 279

41 864

41 453

41 047

40 645

293 105

| 3. | Citizenship, freedom, security and justice |
| --- | --- |

3.

1 199

1 258

1 375

1 503

1 645

1 797

1 988

10 765

| 3a | Freedom, Security and Justice |
| --- | --- |

3a

Freedom, Security and Justice

600

690

785

910

1 050

1 200

1 390

6 625

| 3b | Citizenship |
| --- | --- |

3b

Citizenship

599

568

590

593

595

597

598

4 140

| 4. | EU as a global player |
| --- | --- |

4.

6 199

6 469

6 739

7 009

7 339

7 679

8 029

49 463

| 5. | Administration (1) |
| --- | --- |

5.

6 633

6 818

6 816

6 999

7 255

7 400

7 610

49 531

| 6. | Compensations |
| --- | --- |

6.

419

191

190

800

TOTAL COMMITMENT APPROPRIATIONS

117 277

122 683

122 022

125 184

124 167

125 643

127 167

864 143

as a percentage of GNI

1,08 %

1,09 %

1,06 %

1,06 %

1,03 %

1,02 %

1,01 %

1,048 %

TOTAL PAYMENT APPROPRIATIONS

115 142

119 805

109 091

119 245

116 884

120 575

119 784

820 526

as a percentage of GNI

1,06 %

1,06 %

0,95 %

1,01 %

0,97 %

0,98 %

0,95 %

1,00 %

Margin available

0,18 %

0,18 %

0,29 %

0,23 %

0,27 %

0,26 %

0,29 %

0,24 %

Own Resources Ceiling as a percentage of GNI

1,24 %

1,24 %

1,24 %

1,24 %

1,24 %

1,24 %

1,24 %

1,24 %

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(1)  The expenditure on pensions included under the ceiling for this heading is calculated net of the staff contributions to the relevant scheme, within the limit of EUR 500 million at 2004 prices for the period 2007-2013.

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| 22.10.2010 | EN | Official Journal of the European Union | CE 286/58 |
| --- | --- | --- | --- |

22.10.2010

EN

Official Journal of the European Union

CE 286/58

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Thursday 17 December 2009Draft general budget of the European Union for the financial year 2010 as modified by the Council (all sections)

P7_TA(2009)0115

European Parliament resolution of 17 December 2009 on the draft general budget of the European Union for the financial year 2010 as modified by the Council (all sections) (11902/2009 – C7-0127/2009 – 2009/2002(BUD)) and Letters of amendment Nos 1/2010 (SEC(2009)1133 – 14272/2009 – C7-0215/2009), 2/2010 (SEC(2009)1462 – 16328/2009 – C7-0292/2009) and 3/2010 (SEC(2009)1635 – 16731/2009 – C7-0304/2009) to the draft general budget of the European Union for the financial year 2010

2010/C 286 E/15

The European Parliament,

having regard to the Treaty on the Functioning of the European Union and in particular Article 314(9) thereof,

having regard to Protocol No 2 amending the Treaty establishing the European Atomic Energy Community, annexed to the Treaty of Lisbon, and in particular Articles 3 and 5 thereof,

having regard to the Treaty establishing the European Community, and in particular Article 272(1) to (6) thereof,

having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 177 (1) to (6) and 106a thereof,

having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources (1),

having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2),

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3) (IIA), and in particular the Multiannual Financial Framework provided for in Part I thereof and set out in Annex I thereto,

having regard to the draft general budget of the European Union for the financial year 2010, which the Council established on 13 July 2009 (C7-0127/2009),

having regard to its resolution of 22 October 2009 on the draft general budget of the European Union for the financial year 2010, Section III – Commission (C7-0127/2009) and Letter of amendment No 1/2010 ((SEC(2009)1133 - 14272/2009 - C7-0215/2009) to the draft general budget of the European Union for the financial year 2010 (4),

having regard to its resolution of 22 October 2009 on the draft general budget of the European Union for the financial year 2010, Section I – European Parliament, Section II – Council, Section IV – Court of Justice, Section V – Court of Auditors, Section VI – European Economic and Social Committee, Section VII – Committee of the Regions, Section VIII – European Ombudsman, Section IX – European Data Protection Supervisor (C7-0128/2009) (5),

having regard to Letter of amendment No 2/2010 (SEC(2009)1462 - 16328/2009 - C7-0292/2009) to the draft general budget of the European Union for the financial year 2010,

having regard to Letter of amendment No 3/2010 (SEC(2009)1635 - 16731/2009 - C7-0304/2009) to the draft general budget of the European Union for the financial year 2010 (Section II - Council),

having regard to its amendments and proposed modifications of 22 October 2009 to the draft general budget (6),

having regard to the Council's modifications of 18 November 2009 to the amendments and proposed modifications adopted by Parliament to the draft general budget,

having regard to the outcome of the budget conciliation meeting of 18 November 2009,

having regard to the statement by the Council on the outcome of its deliberations on the amendments and proposed modifications adopted by Parliament to the draft general budget,

having regard to Rules 75b to 75e of Parliament's Rules of Procedure,

having regard to the report of the Committee on Budgets (A7-0083/2009),

Overall outcome of the budget conciliation

| 1. | Recalls its political priorities for Budget 2010 as first set out in its resolutions of 10 March 2009 on the guidelines for the 2010 budget procedure - Section III - Commission and other sections and then further developed in its resolutions of 22 October 2009 on the draft general budget for the financial year 2010, Section III - Commission and other sections; stresses that these were the guiding principles for its approach to the budgetary conciliation with Council for Budget 2010 and its assessment of the budgetary framework for the year 2010; |
| --- | --- |

1.

Recalls its political priorities for Budget 2010 as first set out in its resolutions of 10 March 2009 on the guidelines for the 2010 budget procedure - Section III - Commission and other sections and then further developed in its resolutions of 22 October 2009 on the draft general budget for the financial year 2010, Section III - Commission and other sections; stresses that these were the guiding principles for its approach to the budgetary conciliation with Council for Budget 2010 and its assessment of the budgetary framework for the year 2010;

| 2. | Welcomes the overall agreement on Budget 2010, reached in the last traditional budgetary conciliation meeting with Council on 18 November 2009 before the entry into force of the Treaty on the Functioning of the European Union, especially with regard to the financing of the European Economic Recovery Plan; emphasises that, as a consequence, very tight margins remain available under the ceilings in all the headings of the Multiannual Financial Framework (MFF) for the 2010 budget, which might cause difficulties if any unforeseen events requiring a budget input occur in the course of 2010; |
| --- | --- |

2.

Welcomes the overall agreement on Budget 2010, reached in the last traditional budgetary conciliation meeting with Council on 18 November 2009 before the entry into force of the Treaty on the Functioning of the European Union, especially with regard to the financing of the European Economic Recovery Plan; emphasises that, as a consequence, very tight margins remain available under the ceilings in all the headings of the Multiannual Financial Framework (MFF) for the 2010 budget, which might cause difficulties if any unforeseen events requiring a budget input occur in the course of 2010;

| 3. | Recalls that since 2007 the budget authority has been obliged several times to revise the MFF 2007-13 and the IIA in order to provide adequate budgetary means for the financing of polices not sufficiently funded or unforeseen under the financial framework agreed in 2006; |
| --- | --- |

3.

Recalls that since 2007 the budget authority has been obliged several times to revise the MFF 2007-13 and the IIA in order to provide adequate budgetary means for the financing of polices not sufficiently funded or unforeseen under the financial framework agreed in 2006;

| 4. | Stresses that margins available according to the financial programming published by the Commission in May 2009 for the budget years 2011-2013 are very tight; emphasises that this will prevent the institutions from taking any new, meaningful political initiative in areas set as priorities by the newly appointed President of the Commission such as, for example and to name only a few, addressing climate change or the ‘EU 2020’ strategy; emphasises, moreover, that, following the entry into force of the Lisbon Treaty, a number of policies will be strengthened at EU level, which will require additional EU funding; therefore calls on the new Commission to publish, as soon as possible, a report on the functioning of the (IIA), as provided for in Declaration 1 thereof, together with an adjustment, a review and a revision of the current MFF 2007-13, including its prolongation until 2015/2016; |
| --- | --- |

4.

Stresses that margins available according to the financial programming published by the Commission in May 2009 for the budget years 2011-2013 are very tight; emphasises that this will prevent the institutions from taking any new, meaningful political initiative in areas set as priorities by the newly appointed President of the Commission such as, for example and to name only a few, addressing climate change or the ‘EU 2020’ strategy; emphasises, moreover, that, following the entry into force of the Lisbon Treaty, a number of policies will be strengthened at EU level, which will require additional EU funding; therefore calls on the new Commission to publish, as soon as possible, a report on the functioning of the (IIA), as provided for in Declaration 1 thereof, together with an adjustment, a review and a revision of the current MFF 2007-13, including its prolongation until 2015/2016;

| 5. | Recalls that the Commission should also initiate the process of the next MFF, as provided for in Declaration 3 of the IIA, in order to launch a proper public and open debate on the next Multiannual Financial Framework; |
| --- | --- |

5.

Recalls that the Commission should also initiate the process of the next MFF, as provided for in Declaration 3 of the IIA, in order to launch a proper public and open debate on the next Multiannual Financial Framework;

| 6. | Deplores the fact that the Council was not willing to increase financing so as to further support the EU's needs in facing the current crisis, under existing programmes under ‘Competitiveness for growth and employment’ in sub-heading 1a; considers that this heading should be examined in depth and, if needed, be revised to ensure that it fulfils its objectives in future years; |
| --- | --- |

6.

Deplores the fact that the Council was not willing to increase financing so as to further support the EU's needs in facing the current crisis, under existing programmes under ‘Competitiveness for growth and employment’ in sub-heading 1a; considers that this heading should be examined in depth and, if needed, be revised to ensure that it fulfils its objectives in future years;

| 7. | Recalls the agreed joint declarations annexed to this resolution; has taken them into account in the preparation of its amendments for the second reading; |
| --- | --- |

7.

Recalls the agreed joint declarations annexed to this resolution; has taken them into account in the preparation of its amendments for the second reading;

| 8. | In respect of overall figures, sets the final level of commitment appropriations at EUR 141 452 827 822, equivalent to 1,2 % of EU GNI; sets the overall level of payments at EUR 122 937 000 000, equivalent to 1,04 % of EU GNI; notes that this leaves a significant margin of EUR 11 220 000 000 below the payments ceiling of the MFF for 2010; |
| --- | --- |

8.

In respect of overall figures, sets the final level of commitment appropriations at EUR 141 452 827 822, equivalent to 1,2 % of EU GNI; sets the overall level of payments at EUR 122 937 000 000, equivalent to 1,04 % of EU GNI; notes that this leaves a significant margin of EUR 11 220 000 000 below the payments ceiling of the MFF for 2010;

| 9. | Considers that the level of payments does not contribute to diminishing the disparity between the level of commitments and payments; points out its concern with regard to the consequences it could have on the development of the overall unpaid commitments (reste à liquider - RAL), which according to the Court of Auditors’ report for 2008 stands at EUR 155 billion, and the need to reverse this development for future budgets; |
| --- | --- |

9.

Considers that the level of payments does not contribute to diminishing the disparity between the level of commitments and payments; points out its concern with regard to the consequences it could have on the development of the overall unpaid commitments (reste à liquider - RAL), which according to the Court of Auditors’ report for 2008 stands at EUR 155 billion, and the need to reverse this development for future budgets;

| 10. | Recalls Council declaration of 10 July 2009, which asks the Commission to submit an amending budget if the payment appropriations entered in the 2010 budget are insufficient to cover expenditure under sub-heading 1a (Competitiveness for growth and employment), sub-heading 1b (Cohesion for growth and employment), heading 2 (Preservation and management of natural resources) and heading 4 (EU as a global player); |
| --- | --- |

10.

Recalls Council declaration of 10 July 2009, which asks the Commission to submit an amending budget if the payment appropriations entered in the 2010 budget are insufficient to cover expenditure under sub-heading 1a (Competitiveness for growth and employment), sub-heading 1b (Cohesion for growth and employment), heading 2 (Preservation and management of natural resources) and heading 4 (EU as a global player);

| 11. | Has taken note of the Commission's Letter of Executability regarding the amendments to the draft budget adopted by Parliament at first reading; decides to create new budgetary lines on climate change, on the Small Business Act (SBA) and on the EU Baltic Sea Strategy; has decided to take some of the Commission's comments into account in the second reading of the budget; will, however, abide by its first reading decisions; |
| --- | --- |

11.

Has taken note of the Commission's Letter of Executability regarding the amendments to the draft budget adopted by Parliament at first reading; decides to create new budgetary lines on climate change, on the Small Business Act (SBA) and on the EU Baltic Sea Strategy; has decided to take some of the Commission's comments into account in the second reading of the budget; will, however, abide by its first reading decisions;

On the European Economic Recovery Plan

| 12. | Stresses that the financing of the second phase of the European Economic Recovery Plan was a priority for Parliament; recalls that it amended the Draft budget of the Council in this spirit, giving impetus to economic growth, competitiveness, cohesion and job protection; calls on the Commission to ensure that all projects to be financed under the recovery plan will be fully compatible with EU environmental legislation; |
| --- | --- |

12.

Stresses that the financing of the second phase of the European Economic Recovery Plan was a priority for Parliament; recalls that it amended the Draft budget of the Council in this spirit, giving impetus to economic growth, competitiveness, cohesion and job protection; calls on the Commission to ensure that all projects to be financed under the recovery plan will be fully compatible with EU environmental legislation;

| 13. | Welcomes the agreement with the Council on the European Economic Recovery Plan as a key objective of the 2010 budget, particularly the fact that it enabled completing the second step of its financing in 2010, confirming that the EU budget is a tool helping to overcome the recent economic crisis; underlines the fact that the Parliament's action was aimed at putting European citizens first, proving that the European Union is not at the origin of the problem, but can be instrumental in the solution; welcomes the use of the tools provided for in the IIA in order to guarantee its financing, especially point 21 to 23 and the use of the flexibility instrument according to point 27 of the IIA; recalls, in this context, that the Council did not present its proposal on this issue in its first reading; |
| --- | --- |

13.

Welcomes the agreement with the Council on the European Economic Recovery Plan as a key objective of the 2010 budget, particularly the fact that it enabled completing the second step of its financing in 2010, confirming that the EU budget is a tool helping to overcome the recent economic crisis; underlines the fact that the Parliament's action was aimed at putting European citizens first, proving that the European Union is not at the origin of the problem, but can be instrumental in the solution; welcomes the use of the tools provided for in the IIA in order to guarantee its financing, especially point 21 to 23 and the use of the flexibility instrument according to point 27 of the IIA; recalls, in this context, that the Council did not present its proposal on this issue in its first reading;

On the Lisbon Treaty

| 14. | Endorses the joint declaration on the continuity of the budgetary procedure for 2010 agreed by the European Parliament, the Council and the Commission during the budgetary conciliation of 18 November 2009, by which the three institutions accept the results of the previous decisions taken during the different steps of the budgetary procedure as if they had been taken under the powers vested in them by the Treaty of Lisbon; |
| --- | --- |

14.

Endorses the joint declaration on the continuity of the budgetary procedure for 2010 agreed by the European Parliament, the Council and the Commission during the budgetary conciliation of 18 November 2009, by which the three institutions accept the results of the previous decisions taken during the different steps of the budgetary procedure as if they had been taken under the powers vested in them by the Treaty of Lisbon;

| 15. | Stresses the need to provide the EU with the appropriate financial means to effectively develop measures to meet the existing and new needs for the implementation of new Lisbon Treaty-related EU policies; requests the Commission to take into account the undertaken budgetary commitments and their multiannual budgetary implications when presenting the proposals for the adjustment, review and revision of the current MFF 2007-13 and the financing of new Lisbon Treaty-related policies; calls on the new Commission to make a clear commitment to complying with this request; |
| --- | --- |

15.

Stresses the need to provide the EU with the appropriate financial means to effectively develop measures to meet the existing and new needs for the implementation of new Lisbon Treaty-related EU policies; requests the Commission to take into account the undertaken budgetary commitments and their multiannual budgetary implications when presenting the proposals for the adjustment, review and revision of the current MFF 2007-13 and the financing of new Lisbon Treaty-related policies; calls on the new Commission to make a clear commitment to complying with this request;

| 16. | Takes note that the financing of the European Council was agreed for the financial year 2010; recalls that a new section must be presented for its financing, as provided for in Article 316 of the Treaty on the Functioning of the EU; |
| --- | --- |

16.

Takes note that the financing of the European Council was agreed for the financial year 2010; recalls that a new section must be presented for its financing, as provided for in Article 316 of the Treaty on the Functioning of the EU;

| 17. | Recalls its resolution on the transitional measures applicable to the budgetary procedure after the entry into force of the Lisbon Treaty; stresses that those should not depart from the budgetary principles established for the annual budgetary procedure; proposes to deal with all changes to the Financial Regulation at the same time in its 2010 tri-annual revision; |
| --- | --- |

17.

Recalls its resolution on the transitional measures applicable to the budgetary procedure after the entry into force of the Lisbon Treaty; stresses that those should not depart from the budgetary principles established for the annual budgetary procedure; proposes to deal with all changes to the Financial Regulation at the same time in its 2010 tri-annual revision;

On sub-heading 1a

| 18. | Welcomes the financing of the decommissioning of the Kozloduy nuclear power plant for 2010 through the flexibility instrument; recalls that this issue was not initially foreseen in the current MFF; believes though that this issue, being a new budget item, deserves an appropriate multiannual funding solution, which should be provided in the context of the forthcoming budgetary proposals; |
| --- | --- |

18.

Welcomes the financing of the decommissioning of the Kozloduy nuclear power plant for 2010 through the flexibility instrument; recalls that this issue was not initially foreseen in the current MFF; believes though that this issue, being a new budget item, deserves an appropriate multiannual funding solution, which should be provided in the context of the forthcoming budgetary proposals;

| 19. | Deplores Council's additional cuts on lines supporting the Lisbon strategy, which is based on a European Council decision; points out that this is contrary to what should have been done in order to address the current economic crisis; intends, on the contrary, to support these lines, even if in a limited way; |
| --- | --- |

19.

Deplores Council's additional cuts on lines supporting the Lisbon strategy, which is based on a European Council decision; points out that this is contrary to what should have been done in order to address the current economic crisis; intends, on the contrary, to support these lines, even if in a limited way;

| 20. | Calls for full use of the appropriations available to activities and policies under sub-heading 1a which foster sustainable growth and job creation, including new green jobs, and which deliver solutions to European citizens namely by providing greater energy security, increasing support for research and innovation, particularly on clean and renewable energy technologies, promoting small and medium-sized enterprises and reinforcing life-long learning; recalls the importance of optimising the implementation of framework programmes and calls on the Commission to act, in respect of those implementation problems, on Parliament's observations as expressed in paragraphs 113 to 123 of its resolution on the 2007 discharge for the Commission (7), in particular by simplifying recovery procedures through the use of appropriate flat-rate procedures and taking into account the good faith and legitimate expectations of beneficiaries; |
| --- | --- |

20.

Calls for full use of the appropriations available to activities and policies under sub-heading 1a which foster sustainable growth and job creation, including new green jobs, and which deliver solutions to European citizens namely by providing greater energy security, increasing support for research and innovation, particularly on clean and renewable energy technologies, promoting small and medium-sized enterprises and reinforcing life-long learning; recalls the importance of optimising the implementation of framework programmes and calls on the Commission to act, in respect of those implementation problems, on Parliament's observations as expressed in paragraphs 113 to 123 of its resolution on the 2007 discharge for the Commission (7), in particular by simplifying recovery procedures through the use of appropriate flat-rate procedures and taking into account the good faith and legitimate expectations of beneficiaries;

On sub-heading 1b

| 21. | Regrets and is surprised by the budgetary cuts introduced by the Council in a period when structural and cohesion funds could be stimulating sustainable economic growth and recovery; recalls that it has increased payments on the main lines to boost implementation of structural policy in the Member States, so as to enhance economic recovery, for the benefit of all European citizens; |
| --- | --- |

21.

Regrets and is surprised by the budgetary cuts introduced by the Council in a period when structural and cohesion funds could be stimulating sustainable economic growth and recovery; recalls that it has increased payments on the main lines to boost implementation of structural policy in the Member States, so as to enhance economic recovery, for the benefit of all European citizens;

| 22. | Is concerned by the low rate of payments implementation for Research Framework programmes in 2009 and intends to monitor their implementation, in a constructive spirit, in 2010; in this regard, calls on the Commission for continued good cooperation in the follow-up to those programmes; |
| --- | --- |

22.

Is concerned by the low rate of payments implementation for Research Framework programmes in 2009 and intends to monitor their implementation, in a constructive spirit, in 2010; in this regard, calls on the Commission for continued good cooperation in the follow-up to those programmes;

| 23. | Points out that the current weak implementation of structural and cohesion policy is mainly due to the low flexibility in the system of complicated rules and requirements imposed by the Commission and Member States; |
| --- | --- |

23.

Points out that the current weak implementation of structural and cohesion policy is mainly due to the low flexibility in the system of complicated rules and requirements imposed by the Commission and Member States;

| 24. | Welcomes the joint declaration calling for the simplification and a more targeted use of structural and cohesion funds to facilitate overcoming the effects of the economic crisis; recalls the possibility of adaptation and revision of the operational programmes with this aim, while also putting greater emphasis on using these funds more wisely in support of European and national policies against climate change; |
| --- | --- |

24.

Welcomes the joint declaration calling for the simplification and a more targeted use of structural and cohesion funds to facilitate overcoming the effects of the economic crisis; recalls the possibility of adaptation and revision of the operational programmes with this aim, while also putting greater emphasis on using these funds more wisely in support of European and national policies against climate change;

On heading 2

| 25. | Welcomes the agreement with the Council on additional support for the milk-producing sector, which is currently in crisis, to reach the amount of EUR 300 million as requested by Parliament; considers Council's endorsement as application of the ‘spirit of the Lisbon Treaty’ as this will place Parliament on an equal footing on agriculture expenditure; regrets the fact that the Parliament's call for establishing a permanent EU Dairy Fund to help the sector through the readjustments was not retained; requests though that the Commission re-examine the necessity of alternative or further measures in the light of the market evolution and the report of the High Level Expert Group on milk in order to support the restructuring process for milk producers; reiterates its request for the creation of a budgetary line, permanently establishing a Dairy Fund; |
| --- | --- |

25.

Welcomes the agreement with the Council on additional support for the milk-producing sector, which is currently in crisis, to reach the amount of EUR 300 million as requested by Parliament; considers Council's endorsement as application of the ‘spirit of the Lisbon Treaty’ as this will place Parliament on an equal footing on agriculture expenditure; regrets the fact that the Parliament's call for establishing a permanent EU Dairy Fund to help the sector through the readjustments was not retained; requests though that the Commission re-examine the necessity of alternative or further measures in the light of the market evolution and the report of the High Level Expert Group on milk in order to support the restructuring process for milk producers; reiterates its request for the creation of a budgetary line, permanently establishing a Dairy Fund;

| 26. | Recalls that the fight against climate change will remain one of the top priorities for the European Union, as the Copenhagen conference in December 2009 has shown; considers, however, that this priority is not sufficiently reflected in the EU budget and intends, consequently, to put stronger emphasis on this key policy; calls on the new Commission to submit a financing proposal following the climate change conference; |
| --- | --- |

26.

Recalls that the fight against climate change will remain one of the top priorities for the European Union, as the Copenhagen conference in December 2009 has shown; considers, however, that this priority is not sufficiently reflected in the EU budget and intends, consequently, to put stronger emphasis on this key policy; calls on the new Commission to submit a financing proposal following the climate change conference;

On sub-heading 3a

| 27. | Acknowledges European citizens’ wish for a safe and secure Europe and welcomes the increases in this sub-heading relative to the 2009 budget; acknowledges that all countries in the Union are facing many challenges in relation to policies covered by this sub-heading; |
| --- | --- |

27.

Acknowledges European citizens’ wish for a safe and secure Europe and welcomes the increases in this sub-heading relative to the 2009 budget; acknowledges that all countries in the Union are facing many challenges in relation to policies covered by this sub-heading;

| 28. | Stresses the importance of further funding being made available via the EU budget to manage legal immigration and integration of third-country nationals while in parallel tackling illegal immigration in full respect of human fundamental rights and international agreements and strengthening border protection, including the European Return Fund and the European Refugee Fund to facilitate solidarity between the Member States; |
| --- | --- |

28.

Stresses the importance of further funding being made available via the EU budget to manage legal immigration and integration of third-country nationals while in parallel tackling illegal immigration in full respect of human fundamental rights and international agreements and strengthening border protection, including the European Return Fund and the European Refugee Fund to facilitate solidarity between the Member States;

On sub-heading 3b

| 29. | Recalls that sub-heading 3b covers vital policies that have a direct impact on the everyday life of European citizens; disagrees with the Council's cuts in this sub-heading and endorses the specialised committees’ approach, ensuring that the increase of the appropriations is justified; |
| --- | --- |

29.

Recalls that sub-heading 3b covers vital policies that have a direct impact on the everyday life of European citizens; disagrees with the Council's cuts in this sub-heading and endorses the specialised committees’ approach, ensuring that the increase of the appropriations is justified;

On heading 4

| 30. | Reiterates its serious concerns about the narrow margin for manoeuvre resulting from chronic under-financing of a heading constantly under pressure as a result of crises occurring in third countries; |
| --- | --- |

30.

Reiterates its serious concerns about the narrow margin for manoeuvre resulting from chronic under-financing of a heading constantly under pressure as a result of crises occurring in third countries;

| 31. | Calls on the European Council not to make far-reaching political commitments calling for stronger EU financial support without at the same time providing for the requisite budgetary appropriations when there is an obvious contradiction with the funds available under the annual ceilings of the current MFF; |
| --- | --- |

31.

Calls on the European Council not to make far-reaching political commitments calling for stronger EU financial support without at the same time providing for the requisite budgetary appropriations when there is an obvious contradiction with the funds available under the annual ceilings of the current MFF;

| 32. | Emphasises the importance of the EU in supporting developing countries in their struggle to fight climate change; notes the European Council conclusions of 10-11 December 2009 that the EU and its Member States are ready to contribute with fast-start funding of EUR 2,4 billion annually for the years 2010 to 2012; stresses however the need for information on participation and contribution from the EU budget during 2011 and 2012; stresses that climate finance needs to come from additional funding and not from cuts in existing development aid, in order for the EU to honour its commitment to achieve the Millennium Development Goals; |
| --- | --- |

32.

Emphasises the importance of the EU in supporting developing countries in their struggle to fight climate change; notes the European Council conclusions of 10-11 December 2009 that the EU and its Member States are ready to contribute with fast-start funding of EUR 2,4 billion annually for the years 2010 to 2012; stresses however the need for information on participation and contribution from the EU budget during 2011 and 2012; stresses that climate finance needs to come from additional funding and not from cuts in existing development aid, in order for the EU to honour its commitment to achieve the Millennium Development Goals;

| 33. | Welcomes the creation of the European external action service, which, as a matter of urgency, must be subject to parliamentary scrutiny and control in both budget and budgetary control matters; in that regard, stresses its demand for an all-encompassing and rapid communication of an overall strategy for the implementation of the external action service, including plans for future cooperation with Parliament and the Presidency of the Council as well as estimates on staff and administrative costs and other requirements and the possible savings with regard to synergies stemming from the joint use of facilities and personnel; |
| --- | --- |

33.

Welcomes the creation of the European external action service, which, as a matter of urgency, must be subject to parliamentary scrutiny and control in both budget and budgetary control matters; in that regard, stresses its demand for an all-encompassing and rapid communication of an overall strategy for the implementation of the external action service, including plans for future cooperation with Parliament and the Presidency of the Council as well as estimates on staff and administrative costs and other requirements and the possible savings with regard to synergies stemming from the joint use of facilities and personnel;

| 34. | Calls on the new Commission to take into account the abovementioned points in addressing problems under heading 4 when proposing a revision of the MFF 2007-13 as soon as possible; |
| --- | --- |

34.

Calls on the new Commission to take into account the abovementioned points in addressing problems under heading 4 when proposing a revision of the MFF 2007-13 as soon as possible;

| 35. | Continues to count on support for the peace process in Palestine and the reconstruction needs in Gaza Strip; calls on the Commission to communicate which measures it has taken to minimise the risks that projects and programmes financed under this budget line are used or diverted to terrorist organisations or acts of terrorism, or inefficient bureaucracy, and to specify whether part of the aid is aimed at rebuilding premises or infrastructure previously financed by the Union or its Member States and damaged by military action; |
| --- | --- |

35.

Continues to count on support for the peace process in Palestine and the reconstruction needs in Gaza Strip; calls on the Commission to communicate which measures it has taken to minimise the risks that projects and programmes financed under this budget line are used or diverted to terrorist organisations or acts of terrorism, or inefficient bureaucracy, and to specify whether part of the aid is aimed at rebuilding premises or infrastructure previously financed by the Union or its Member States and damaged by military action;

| 36. | Considers securing energy supply to be a crucial issue for the Union; therefore welcomes the signature of all participatory countries to the Nabucco project, and expects consistency from all of them when dealing with other projects that might put Nabucco at risk; |
| --- | --- |

36.

Considers securing energy supply to be a crucial issue for the Union; therefore welcomes the signature of all participatory countries to the Nabucco project, and expects consistency from all of them when dealing with other projects that might put Nabucco at risk;

| 37. | Stresses the necessity of allocating sufficient funding to the EU Baltic Sea Strategy in order to finance actions that cannot be financed from other budget lines (coordination, information and pilot projects in any of the four pillars of the action plan); |
| --- | --- |

37.

Stresses the necessity of allocating sufficient funding to the EU Baltic Sea Strategy in order to finance actions that cannot be financed from other budget lines (coordination, information and pilot projects in any of the four pillars of the action plan);

On heading 5 and other sections

| 38. | Welcomes the agreement reached on heading 5, which should safeguard the administrative functioning of the EU institutions while, at the same time, through a transfer of EUR 126,5 million, contributing to the completion of financing for the European Economic Recovery Plan; |
| --- | --- |

38.

Welcomes the agreement reached on heading 5, which should safeguard the administrative functioning of the EU institutions while, at the same time, through a transfer of EUR 126,5 million, contributing to the completion of financing for the European Economic Recovery Plan;

| 39. | Underlines, at the same time, that the tight margin of heading 5 for 2010, partly resulting from this shift of resources, will lead to a need for strict budgetary management by the institutions in 2010 in order to use the resources available in a prudent and cost-effective way; |
| --- | --- |

39.

Underlines, at the same time, that the tight margin of heading 5 for 2010, partly resulting from this shift of resources, will lead to a need for strict budgetary management by the institutions in 2010 in order to use the resources available in a prudent and cost-effective way;

| 40. | Agrees that the priority for use of the margin available should be given to finance any additional expenditure directly stemming from the entry into force of the Treaty on the Functioning of the EU, but only after a thorough examination of the current resources and needs, and the scope for any further savings by all the institutions; |
| --- | --- |

40.

Agrees that the priority for use of the margin available should be given to finance any additional expenditure directly stemming from the entry into force of the Treaty on the Functioning of the EU, but only after a thorough examination of the current resources and needs, and the scope for any further savings by all the institutions;

| 41. | Notes that the adoption of Letter of Amendment No. 3/2010 concerning section II (Council) was agreed for an amount of EUR 23,5 million, leaving a margin under heading 5 for 2010 of EUR 72 million; regrets that the Council presented this proposal without considering, and before having a comprehensive overview of, all institutions’ administrative requirements; |
| --- | --- |

41.

Notes that the adoption of Letter of Amendment No. 3/2010 concerning section II (Council) was agreed for an amount of EUR 23,5 million, leaving a margin under heading 5 for 2010 of EUR 72 million; regrets that the Council presented this proposal without considering, and before having a comprehensive overview of, all institutions’ administrative requirements;

| 42. | In this context, draws attention to the joint declaration obtained in respect of heading 5, which encompasses the above points and will serve as a basis to ensure the necessary financing of any supplementary needs for Parliament and the other institutions; underlines that this exercise should be motivated exclusively from new functions stemming from the Treaty and only after thorough examination of the use and potential for reorganising current arrangements and posts; also stresses, for its own section of the budget and with regard to such potential supplementary needs, the need to arrive at a fair distribution between the general secretariat, political groups and Members; |
| --- | --- |

42.

In this context, draws attention to the joint declaration obtained in respect of heading 5, which encompasses the above points and will serve as a basis to ensure the necessary financing of any supplementary needs for Parliament and the other institutions; underlines that this exercise should be motivated exclusively from new functions stemming from the Treaty and only after thorough examination of the use and potential for reorganising current arrangements and posts; also stresses, for its own section of the budget and with regard to such potential supplementary needs, the need to arrive at a fair distribution between the general secretariat, political groups and Members;

| 43. | Urges all institutions, as far as possible, to cover all administrative needs resulting from salaries and pensions adjustments within the appropriations now budgeted for each section; |
| --- | --- |

43.

Urges all institutions, as far as possible, to cover all administrative needs resulting from salaries and pensions adjustments within the appropriations now budgeted for each section;

| 44. | Welcomes the joint declaration on building policy and reiterates that this area, which constitutes a significant part of the administrative expenditure of the EU, is of great importance for ensuring the effective and transparent use of available resources; calls on the executive organs of all the institutions to implement the principles agreed without delay; |
| --- | --- |

44.

Welcomes the joint declaration on building policy and reiterates that this area, which constitutes a significant part of the administrative expenditure of the EU, is of great importance for ensuring the effective and transparent use of available resources; calls on the executive organs of all the institutions to implement the principles agreed without delay;

| 45. | Intends to follow up closely, within its own section of the budget, the issues related, inter alia, to the agreed hearing on internal information resources (use and resources spent) and ‘knowledge management’, as well as all relevant issues concerning the House of European History, including the issues of possible co-funding and cooperation on this project; recalls the agreement reached at its internal budget conciliation meeting in this connection; |
| --- | --- |

45.

Intends to follow up closely, within its own section of the budget, the issues related, inter alia, to the agreed hearing on internal information resources (use and resources spent) and ‘knowledge management’, as well as all relevant issues concerning the House of European History, including the issues of possible co-funding and cooperation on this project; recalls the agreement reached at its internal budget conciliation meeting in this connection;

| 46. | Decides to restore fully its first reading position as regards the ‘other institutions’ on the grounds already expressed in its first reading resolution; |
| --- | --- |

46.

Decides to restore fully its first reading position as regards the ‘other institutions’ on the grounds already expressed in its first reading resolution;

On pilot projects and preparatory actions

| 47. | Considers pilot projects and preparatory actions an indispensable tool for Parliament to initiate new policies for European citizens; has decided to take advantage of the full amounts provided for in the IIA for pilot projects (up to EUR 40 million in any budget year) but to leave a margin for preparatory actions (IIA up to EUR 100 million, out of which a maximum of EUR 50 million may be allocated to new preparatory actions); |
| --- | --- |

47.

Considers pilot projects and preparatory actions an indispensable tool for Parliament to initiate new policies for European citizens; has decided to take advantage of the full amounts provided for in the IIA for pilot projects (up to EUR 40 million in any budget year) but to leave a margin for preparatory actions (IIA up to EUR 100 million, out of which a maximum of EUR 50 million may be allocated to new preparatory actions);

| 48. | Has given priority to the implementation of pilot projects and preparatory actions in their second or third year; intends to monitor closely the implementation of these and the newly established projects and actions during the financial year 2010; |
| --- | --- |

48.

Has given priority to the implementation of pilot projects and preparatory actions in their second or third year; intends to monitor closely the implementation of these and the newly established projects and actions during the financial year 2010;

*

* *

| 49. | Instructs its President to declare that the budget has been finally adopted and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

49.

Instructs its President to declare that the budget has been finally adopted and arrange for its publication in the Official Journal of the European Union;

| 50. | Instructs its President to forward this resolution to the European Council, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman, the European Data Protection Supervisor, and the other bodies concerned. |
| --- | --- |

50.

Instructs its President to forward this resolution to the European Council, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman, the European Data Protection Supervisor, and the other bodies concerned.

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(1)  OJ L 163, 23.6.2007, p. 17.

(2)  OJ L 248, 16.9.2002, p. 1.

(3)  OJ C 139, 14.6.2006, p. 1.

(4)  Texts adopted, P7_TA(2009)0051.

(5)  Texts adopted, P7_TA(2009)0052.

(6)  Texts adopted of that date, Annex.

(7)  European Parliament resolution of 23 April 2009 with observations forming an integral part of the Decisions on the discharge for implementation of the European Union general budget for the financial year 2007, Section III – Commission and executive agencies (OJ L 255, 26.9.2009, p. 36).

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Thursday 17 December 2009ANNEX I

DECLARATIONS AGREED AT THE CONCILIATION MEETING OF 18 NOVEMBER 2009

Joint declaration on the continuity of the 2010 budgetary procedure

‘The European Parliament, the Council and the Commission note that, up to 30 November 2009, the budgetary procedure for the 2010 budget has been conducted under the Treaty of Nice.

With the entry into force of the Treaty of Lisbon on 1 December 2009, the procedure will be completed under Article 314(9) created by that Treaty, with the declaration by the President of the European Parliament that the budget has been definitively adopted.

The three institutions consider the budgetary procedure a continuum under the two abovementioned Treaties; they therefore agree that the stages of the procedure completed under the Nice Treaty constitute completed stages of the procedure within the meaning of Article 314 created by the Lisbon Treaty.

In keeping with that transition, the three institutions consider that the agreement reached by the European Parliament and the Council at the conciliation meeting on 18 November 2009, followed by the Council's second reading, on the 2009 and 2010 budgets and the outcome of the European Parliament's second reading may be considered in substance as agreement on a joint draft budget within the meaning of Article 314 TFEU, in full compliance with the multiannual financial framework.’

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Thursday 17 December 2009ANNEX II

Joint declaration on the building policy of EU Institutions and bodies

‘The European Parliament and the Council recall their respective conclusions on the Court of Auditors’ special report No. 2/2007 concerning the Institutions’ expenditure on buildings and, acknowledging that building costs represent a significant part of overall administrative expenditure of the EU Institutions, reaffirm that sound financial management of building expenses is essential.

They reiterate the importance of effective interinstitutional cooperation in this field and invite the Institutions to further enhance such cooperation and, whenever appropriate, without hindering each Institution's functioning, to share facilities. They welcome efforts already made by the institutions in this field.

They stress that the establishment of medium to long-term building strategies is essential from the point of view of sound planning and sound financial management.

They underline that transparent and controllable procedures are essential to achieve effective and efficient solutions and sound financial management.

They encourage the Institutions to continue and to intensify energy efficiency and environmental measures in their buildings, including certification according to environmental standards, wherever this is appropriate and feasible with the given resources, and warmly welcome progress already achieved in this field.

With respect to the provisions of the Financial Regulation, notably consultations under Article 179, they attach great importance to receive all the information concerning the project, required for decision-making, in good time. Notwithstanding the formal deadlines, this information should be made available so that both arms of the budgetary authority can establish their positions without time pressure. The information should include needs assessments and cost benefit analyses for the various alternatives, outlining the options to rent or buy, as well as transparent information concerning the alternative financing possibilities, the long-term financial consequences, and compatibility with the MFF.

They welcome the work undertaken by the Commission on alternative financing methods and await the coming report.

They call on the secretaries-general of the Institutions to provide comprehensive information on building matters with the preliminary draft budget/estimates.

While recognising each Institutions’ specific needs and the particular character of each project, they ask the Institutions to pursue work towards harmonising such information through common definitions and indicators to allow comparisons of building space and building costs, including a common understanding of the method for calculating annual costs of property spread over the entire period of utilisation. In this context they note with satisfaction the agreement on common guidelines for defining and measuring building space recently reached by interinstitutional working groups.

They recall that, when applicable, these observations apply equally to the specific situations of executive and decentralised agencies.

They take note of the excellent cooperation between the Institutions and the administrations of the host Member States.’

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Thursday 17 December 2009ANNEX III

Joint declaration on simplification and a more targeted use of structural and cohesion funds in the context of the economic crisis

‘The European Parliament and the Council recall the joint declarations of the three institutions on the implementation of the Cohesion policy of November 2008 and April 2009 and underline the necessity to further accelerate the implementation of structural and cohesion funds. They note that the approval rate of Management and Control Systems (MCSs) and Major Projects (MPs) has gradually improved, but consider that the pace of approval was too slow. They urge the Commission to continue efforts to simplify implementing procedures in close cooperation with Member States and in particular, to speed up the approval of MPs, and thus accelerate payments.

The European Parliament and the Council believe that all opportunities provided by the use of structural funds, could be mobilised for more targeted actions that facilitate overcoming the effects of the economic crisis, particularly those which support growth and competitiveness and limit job losses. The European Parliament and the Council underline that the possibility of adaptation and revision of the operational programmes already exists under the present regulation. The European Parliament and the Council call on the Commission to enable, by means of efficient and fast procedures, the undertaking of such requests by the Member States. Moreover the European Parliament and the Council recall the importance of full and efficient use of the available appropriations.’

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Thursday 17 December 2009ANNEX IV

Joint declaration on Heading 5

‘Noting that the adoption of letter of amendment No 3/2010 concerning Section II - Council - for the financing of the European Council in 2010 for an amount of EUR 23.5 million is without prejudice to the use of the margin under heading 5 which remains at EUR 72 million, the European Parliament, the Council and the Commission agree that given the tight margin of heading 5 in 2010 and the need to ensure the full financing of the European Economic Recovery Plan (EERP), the priority for the use of the available margin of heading 5 should be given to financing additional expenditure directly stemming from the entry into force of the Lisbon Treaty. In this regard, the three Institutions will aim to cover all administrative needs related to staff remuneration with the appropriations budgeted in their respective sections of the 2010 budget.

The European Parliament and the Council call on the other institutions to make all the possible efforts to finance the administrative needs related to their staff remunerations within the appropriations budgeted in their respective sections of the 2010 budget. Requests for additional appropriations will be considered only after they showed that all the possibilities for internal redeployment have been exhausted.’

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Thursday 17 December 2009ANNEX V

Unilateral declaration of the Commission on the decommissioning of the Kozloduy nuclear power plant

The Commission took note that the European Parliament raised the issue of the multiannual budgetary implications of the proposed new legal act for the continuation of the financing for the decommissioning of the Kozloduy nuclear power plant till 2013.

In its assessment on the functioning of the Interinstitutional Agreement the Commission will also take those implications into account.

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Thursday 17 December 2009JOINT DECLARATION

Transitional measures applicable to the budgetary procedure after the entry into force of the Lisbon Treaty

‘The European Parliament, the Council and the Commission, hereinafter referred to collectively as “the institutions”, have agreed as follows:

| 1. | The purpose of this declaration is to agree on transitional measures needed to ensure continuity of EU action and a smooth transition to the new legal framework for the budgetary procedure deriving from the entry into force of Lisbon Treaty. |
| --- | --- |

1.

The purpose of this declaration is to agree on transitional measures needed to ensure continuity of EU action and a smooth transition to the new legal framework for the budgetary procedure deriving from the entry into force of Lisbon Treaty.

| 2. | These transitional measures will apply until corresponding rules are established in the appropriate legislative framework. |
| --- | --- |

2.

These transitional measures will apply until corresponding rules are established in the appropriate legislative framework.

| 3. | This declaration does not alter the respective budgetary powers of the institutions as laid down by the Treaty, nor secondary legislation. |
| --- | --- |

3.

This declaration does not alter the respective budgetary powers of the institutions as laid down by the Treaty, nor secondary legislation.

I.   CALENDAR OF THE BUDGETARY PROCEDURE

| 4. | The institutions confirm their intention to hold the trilogue on the budget priorities of the year, in due time before the adoption of the draft budget by the Commission, and at the latest in April. |
| --- | --- |

4.

The institutions confirm their intention to hold the trilogue on the budget priorities of the year, in due time before the adoption of the draft budget by the Commission, and at the latest in April.

| 5. | The institutions agree that the following calendar, inspired by the current pragmatic calendar and the requirements of the new procedure, will be applicable to the 2011 budgetary procedure:






  — | The Commission adopts the draft budget in week 17 (late April) or at the latest during week 18 (beginning of May). |
| --- | --- | --- |

5.

The institutions agree that the following calendar, inspired by the current pragmatic calendar and the requirements of the new procedure, will be applicable to the 2011 budgetary procedure:

—

The Commission adopts the draft budget in week 17 (late April) or at the latest during week 18 (beginning of May).

| — | The Council completes its reading by the end of week 30 (end of July) at the latest. |
| --- | --- |

—

The Council completes its reading by the end of week 30 (end of July) at the latest.

The institutions meet for an exchange of views, in good time before the Council's reading.

| — | The European Parliament's Committee on Budgets (COBU) votes on its reading by the end of week 39 (end September/early October). |
| --- | --- |

—

The European Parliament's Committee on Budgets (COBU) votes on its reading by the end of week 39 (end September/early October).

| — | The European Parliament's Plenary votes on its reading in week 42 (mid October). |
| --- | --- |

—

The European Parliament's Plenary votes on its reading in week 42 (mid October).

Until such time as the Conciliation Committee is convened, the Commission may, if necessary, amend the draft budget in accordance with Article 314(2) TFEU including updated expenditure estimates for agriculture. The Commission will submit information on updates to the two arms of the budget authority for their consideration as soon as they are available.

As soon as the European Parliament has voted on its reading by adopting amendments, as provided for in Article 314 (4) (c) TFEU, the President of the European Parliament, in agreement with the President of the Council, shall immediately convene a meeting of the Conciliation Committee. For that purpose,

| — | The institutions cooperate closely with a view to completing the work of the Conciliation Committee within 21 days by the end of week 45 (mid-November). |
| --- | --- |

—

The institutions cooperate closely with a view to completing the work of the Conciliation Committee within 21 days by the end of week 45 (mid-November).

| — | In order to prepare for an agreement on a joint text by the Conciliation Committee, the necessary documentation is exchanged between the institutions as soon as possible. |
| --- | --- |

—

In order to prepare for an agreement on a joint text by the Conciliation Committee, the necessary documentation is exchanged between the institutions as soon as possible.

Once the Conciliation Committee has agreed a joint text, the European Parliament and the Council will endeavour to approve the outcome of the Conciliation Committee as soon as possible within the framework of Article 314(6) TFEU, in accordance with their respective internal rules of procedures.

| 6. | Unless the institutions agree on an alternative calendar, the future budgetary procedures will follow a similar calendar. |
| --- | --- |

6.

Unless the institutions agree on an alternative calendar, the future budgetary procedures will follow a similar calendar.

| 7. | The institutions confirm their intention to approve before the adoption of the draft budget for 2011 by the Commission, principles and modalities for the collaboration in the budgetary procedure, including the organisation of the Conciliation Committee. |
| --- | --- |

7.

The institutions confirm their intention to approve before the adoption of the draft budget for 2011 by the Commission, principles and modalities for the collaboration in the budgetary procedure, including the organisation of the Conciliation Committee.

II.   INTERINSITUTIONAL COOPERATION ON AMENDING BUDGETS

General principles

| 8. | Having in mind that amending budgets are frequently focused on specific and sometimes urgent issues, the institutions agree on the principles below to ensure appropriate interinstitutional cooperation for a smooth and swift adoption of the amending budgets while avoiding, as far as possible, to have to convene a conciliation meeting for amending budgets. |
| --- | --- |

8.

Having in mind that amending budgets are frequently focused on specific and sometimes urgent issues, the institutions agree on the principles below to ensure appropriate interinstitutional cooperation for a smooth and swift adoption of the amending budgets while avoiding, as far as possible, to have to convene a conciliation meeting for amending budgets.

| 9. | As far as possible, the institutions will endeavour to limit the number of amending budgets. |
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9.

As far as possible, the institutions will endeavour to limit the number of amending budgets.

Calendar

| 10. | The Commission will inform in advance the two arms of the budgetary authority of the possible dates of adoption of draft amending budgets without prejudice to the final date of adoption. |
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10.

The Commission will inform in advance the two arms of the budgetary authority of the possible dates of adoption of draft amending budgets without prejudice to the final date of adoption.

| 11. | In accordance with its internal rules of procedure, each arm of the budgetary authority will endeavour to examine the draft amending budget proposed by the Commission at an early opportunity after adoption. |
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11.

In accordance with its internal rules of procedure, each arm of the budgetary authority will endeavour to examine the draft amending budget proposed by the Commission at an early opportunity after adoption.

| 12. | In order to speed up the procedure, the two arms of the budgetary authority will ensure that their respective calendars of work are coordinated as far as possible in order to enable proceedings to be conducted in a coherent and convergent fashion. They will therefore seek as soon as possible to establish an indicative timetable for the various stages leading to the final adoption of the amending budget.
  The two arms of the budgetary authority will take into account the relative urgency of the amending budget and the need to approve it in due time to be effective during the year concerned. |
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12.

In order to speed up the procedure, the two arms of the budgetary authority will ensure that their respective calendars of work are coordinated as far as possible in order to enable proceedings to be conducted in a coherent and convergent fashion. They will therefore seek as soon as possible to establish an indicative timetable for the various stages leading to the final adoption of the amending budget.

The two arms of the budgetary authority will take into account the relative urgency of the amending budget and the need to approve it in due time to be effective during the year concerned.

Cooperation during the reading of each arm of the budgetary authority

| 13. | The institutions will cooperate in good faith throughout the procedure clearing the way, as far as possible, for the adoption of amending budgets at an early stage of the procedure.
  When appropriate and when there is a potential divergence, each arm of the budgetary authority, before taking its final position on the amending budget, or the Commission, may propose to convene a specific trilogue, to discuss the divergences and to try to reach a compromise. |
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13.

The institutions will cooperate in good faith throughout the procedure clearing the way, as far as possible, for the adoption of amending budgets at an early stage of the procedure.

When appropriate and when there is a potential divergence, each arm of the budgetary authority, before taking its final position on the amending budget, or the Commission, may propose to convene a specific trilogue, to discuss the divergences and to try to reach a compromise.

| 14. | All draft amending budgets proposed by the Commission and not yet finally approved will be systematically on the agenda of the trilogues planned for the annual budgetary procedure. The Commission will present the draft amending budgets and the two arms of the budgetary authority will, as far as possible, notify their respective position ahead of the trilogue. |
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14.

All draft amending budgets proposed by the Commission and not yet finally approved will be systematically on the agenda of the trilogues planned for the annual budgetary procedure. The Commission will present the draft amending budgets and the two arms of the budgetary authority will, as far as possible, notify their respective position ahead of the trilogue.

| 15. | If a compromise is reached during a trilogue, each arm of the budgetary authority undertakes to consider the results of the trilogue when deliberating on the amending budget in accordance with the Treaty and its internal rules of procedure. |
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15.

If a compromise is reached during a trilogue, each arm of the budgetary authority undertakes to consider the results of the trilogue when deliberating on the amending budget in accordance with the Treaty and its internal rules of procedure.

Cooperation after the reading of each arm of the budgetary authority

| 16. | If the European Parliament approves without amendments the position of the Council, the amending budget shall be adopted. |
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16.

If the European Parliament approves without amendments the position of the Council, the amending budget shall be adopted.

| 17. | If the European Parliament adopts amendments by a majority of its component members, Article 314(4)(c) TFEU apply. However, before the Conciliation Committee meets a trilogue will be called.






  — | If an agreement is reached during the trilogue and subject to the agreement of each arm of the budgetary authority on the results of the trilogue, the conciliation will be closed by an exchange of letters without a meeting of the Conciliation Committee. |
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17.

If the European Parliament adopts amendments by a majority of its component members, Article 314(4)(c) TFEU apply. However, before the Conciliation Committee meets a trilogue will be called.

—

If an agreement is reached during the trilogue and subject to the agreement of each arm of the budgetary authority on the results of the trilogue, the conciliation will be closed by an exchange of letters without a meeting of the Conciliation Committee.

| — | If no agreement is reached during the trilogue, the Conciliation Committee shall meet and organise its work in accordance with the circumstances, with a view of completing as much as possible the decision-making process before the twenty-one-day deadline laid down in Article 314(6) TFEU. The Conciliation Committee may conclude by an exchange of letters. |
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—

If no agreement is reached during the trilogue, the Conciliation Committee shall meet and organise its work in accordance with the circumstances, with a view of completing as much as possible the decision-making process before the twenty-one-day deadline laid down in Article 314(6) TFEU. The Conciliation Committee may conclude by an exchange of letters.

III.   TRANSFERS

| 18. | While provisions on transfers decided by the Commission and other institutions (notably articles 22 and 23 of the Financial regulation) are not affected by the entry into force of the Lisbon Treaty the institutions acknowledge that the provisions of Article 24 of the Financial Regulation, based on the distinction between compulsory and non-compulsory expenditure, are overtaken by the entry into force of the Lisbon Treaty due to the abolition of such distinction in the TFEU. |
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18.

While provisions on transfers decided by the Commission and other institutions (notably articles 22 and 23 of the Financial regulation) are not affected by the entry into force of the Lisbon Treaty the institutions acknowledge that the provisions of Article 24 of the Financial Regulation, based on the distinction between compulsory and non-compulsory expenditure, are overtaken by the entry into force of the Lisbon Treaty due to the abolition of such distinction in the TFEU.

| 19. | Until the provisions of Article 24 of the Financial Regulation have been amended, the institutions agree on the need to define operational procedures to ensure a smooth handling of transfers. To that end, they agree to apply provisionally current Article 24(4) of the Financial Regulation, which they acknowledge to be compatible with the powers of the two arms of the budgetary authority under the TFEU. |
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19.

Until the provisions of Article 24 of the Financial Regulation have been amended, the institutions agree on the need to define operational procedures to ensure a smooth handling of transfers. To that end, they agree to apply provisionally current Article 24(4) of the Financial Regulation, which they acknowledge to be compatible with the powers of the two arms of the budgetary authority under the TFEU.

| 20. | The transfer procedure shall run in practise as follows:






  a) | The Commission shall submit its proposal simultaneously to the two arms of the budgetary authority. |
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20.

The transfer procedure shall run in practise as follows:

a)

The Commission shall submit its proposal simultaneously to the two arms of the budgetary authority.

| b) | The budgetary authority shall take decisions on transfers of appropriations as provided for in paragraph c), save as otherwise provided in Title I of part two of the financial regulation. |
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b)

The budgetary authority shall take decisions on transfers of appropriations as provided for in paragraph c), save as otherwise provided in Title I of part two of the financial regulation.

| c) | Save in urgent circumstances, the Council, by a qualified majority, and the European Parliament, shall deliberate upon the Commission proposal within six weeks of the date on which the two institutions received the proposal for each transfer submitted to them. |
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c)

Save in urgent circumstances, the Council, by a qualified majority, and the European Parliament, shall deliberate upon the Commission proposal within six weeks of the date on which the two institutions received the proposal for each transfer submitted to them.

| d) | The transfer proposal shall be approved, if within the six-week period:






  — | both arms approve it; |
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d)

The transfer proposal shall be approved, if within the six-week period:

—

both arms approve it;

| — | one of the two arms approves it and the other refrains from acting; |
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—

one of the two arms approves it and the other refrains from acting;

| — | both arms refrain from acting or have not taken a decision contrary to the Commission proposal. |
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—

both arms refrain from acting or have not taken a decision contrary to the Commission proposal.

| e) | The six-week period referred to under point d) will be reduced to 3 weeks, unless one arm of the budgetary authority requests otherwise, when:






  i) | the transfer represents less than 10 % of the appropriations of the line from which the transfer is made and does not exceed EUR 5 million;
  or |
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e)

The six-week period referred to under point d) will be reduced to 3 weeks, unless one arm of the budgetary authority requests otherwise, when:

i)

the transfer represents less than 10 % of the appropriations of the line from which the transfer is made and does not exceed EUR 5 million;

or

| ii) | the transfer concerns only payment appropriations and the overall amount of the transfer does not exceed EUR 100 million. |
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ii)

the transfer concerns only payment appropriations and the overall amount of the transfer does not exceed EUR 100 million.

| f) | If one of the two arms of the budgetary authority has amended the transfer while the other approved it or refrains from acting, or if both arms have amended the transfer, the smaller amount approved either by the European Parliament or the Council shall be deemed approved, unless the Commission withdraws its proposal.’ |
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f)

If one of the two arms of the budgetary authority has amended the transfer while the other approved it or refrains from acting, or if both arms have amended the transfer, the smaller amount approved either by the European Parliament or the Council shall be deemed approved, unless the Commission withdraws its proposal.’

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