ddrg/super_eurlex huggingface dataset:
4.

Reiterates that, in parallel with the adoption of the common position, the following measures, inter alia, should be taken: (a) preventing irresponsible arms transfers by a strict application of the Code's criteria to both companies and national armed forces; (b) preventing illegal arms trafficking by air and sea; improving and applying brokering controls by calling on all Member States that have not yet done so to incorporate into their national legislation the letter and spirit of Council Common Position 2003/468/CFSP of 23 June 2003 on the control of arms brokering (1); (c) prompt investigation of recent allegations of violations of arms embargoes; (d) preventing the selling-off to private brokers of arms collected in the course of ESDP (European Security and Defence Policy) and SSR (Security Sector Reform) operations and other EU initiatives, and their subsequent transfer to other regions of violent conflict or tension; (e) improving the transparency and quality of data submitted by EU Member States in the context of the Annual Report on the Code of Conduct;
5.

Urges the Commission and the ACP countries to make best use of the funding available for Aid for Trade in order to support the reform process in areas essential for economic development; to improve infrastructure where it is necessary, as the opportunities offered by the EPAs can only be fully taken advantage of if strong accompanying measures are introduced for the ACP countries; to compensate the net loss of customs revenue and encourage tax reform so that public investments in social sectors are not reduced; to invest in the production chain in order to diversify export production; to produce more higher added-value export goods; and to invest in training and support for small producers and exporters to meet EU sanitary and phytosanitary criteria;
9.

Suggests that illegal behaviour such as counterfeiting, piracy, fraud, breach of transaction security and violation of citizens' private space should not be attributed to the nature of the medium but has to be considered as aspects of illegal commercial activities which pre-existed in the physical world and have been both facilitated and exacerbated due to the abundant technological possibilities provided, occurring mainly when the medium does not operate on a basis of compliance with the rules in force in order to benefit from a regime of managed responsibility; stresses the need to create mechanisms for the adoption and strengthening of the necessary and appropriate enforcement measures and of more effective and concerted coordination, which will permit the combating and elimination of existing illegal online commercial behaviour especially with regard to cases liable to involve major public health risks, such as bogus medicines, without affecting the development of international e-commerce;
17.

As a practical proposal to improve the performance of EU programmes, considers it necessary that the current management and budgetary cycles be better used when preparing the new budget; in technical terms this means that for the current procedure (Budget 2010), the AARs and their Synthesis report for 2008, containing the results on whether the objectives were fulfilled or not, must be available in time and more extensively used throughout the Commission's proposals made during 2009; stresses its wish that there should be ‘systematic consequences’ as a result of how previous priorities and goals are progressing; criticises the fact that, from one year to another, there is not enough focus on what has been done with regard to these and how that should reflect on the following years;
8.

Recalls that Parliament and the Council, as the two arms of the budgetary authority, should be equally involved in any mobilisation of the European Financial Stability Mechanism; asks that proposals be presented rapidly to make the crisis resolution mechanism permanent (e.g. European Monetary Fund), to fully integrate the EU 2020 strategy into the long-term macroeconomic framework, to take initial steps towards the mutual issuance of a part of sovereign debt and the introduction of bonds to that effect, as described in Parliament’s previous reports, and to ensure a single external representation of the Eurozone; favours a light Treaty change that provides a legal basis to such a mechanism rather than resorting to a profound amendment of the Treaty;
9.

Points out that, under the Organisation of American States’ Inter-American Democratic Charter, in a democracy, in addition to clear and necessary legitimacy of origin, grounded in and obtained at the polls, legitimacy of exercise must also be complied with, and this must be founded on respect for pluralism, the established rules, the constitution in force, the laws and the rule of law as a guarantee of a fully functioning democracy, and this must of necessity include respect for peaceful and democratic political opposition, especially where that opposition has been elected in the polls and enjoys a popular mandate;
4.

Deeply regrets the decision of the Constitutional Council of Côte d’Ivoire, all of whose members were appointed by the outgoing President, to alter the results announced by the Electoral Commission, in violation of the law which it was its task to enforce, and considers this decision to have been contrary to the desire expressed by the people of Côte d’Ivoire through the ballot box;
EN Official Journal of the European Union CE 308/88

Thursday 9 September 2010

The lack of a transparent process for the Anti-Counterfeiting Trade Agreement (ACTA) and potentially objectionable content

P7_TA(2010)0317

Declaration of the European Parliament of 9 September 2010 on the lack of a transparent process for the Anti-Counterfeiting Trade Agreement (ACTA) and potentially objectionable content

2011/C 308 E/17

The European Parliament,

having regard to Rule 123 of its Rules of Procedure,

A. whereas negotiations concerning the Anti-Counterfeiting Trade Agreement (ACTA) are ongoing,

B. whereas Parliament’s co-decision role in commercial matters and its access to negotiation documents are guaranteed by the Lisbon Treaty,

1. Takes the view that the proposed agreement should not indirectly impose harmonisation of EU copyright, patent or trademark law, and that the principle of subsidiarity should be respected;

2. Declares that the Commission should immediately make all documents related to the ongoing negotiations publicly available;

3. Takes the view that the proposed agreement should not force limitations upon judicial due process or weaken fundamental rights such as freedom of expression and the right to privacy;

4. Stresses that economic and innovation risks must be evaluated prior to introducing criminal sanctions where civil measures are already in place;

5. Takes the view that internet service providers should not bear liability for the data they transmit or host through their services to an extent that would necessitate prior surveillance or filtering of such data;

6. Points out that any measure aimed at strengthening powers of cross-border inspection and seizure of goods should not harm global access to legal, affordable and safe medicines;

7. Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission, the Council and the parliaments of the Member States.

(1) The list of signatories is published in Annex 1 to the Minutes of 9 September 2010 (P7_PV(2010)09-09(ANN1)).
42.

Calls on the Commission to ensure that its efforts to further the negotiations on the multilateral Anti-Counterfeiting Trade Agreement (ACTA) with a view to improving the effectiveness of the IPR enforcement system against counterfeiting are continued with full account being taken of the Parliament's position, in particular as expressed in its resolution of 18 December 2008 on the impact of counterfeiting on international trade, and calls on it to fully inform Parliament on the progress and outcome of the negotiations and to ensure that the provisions of ACTA fully comply with the acquis communautaire on IPR and fundamental rights;
24.

Takes note of the OSCE’s efforts in Kyrgyzstan, showing its potential to respond promptly to crisis situations where it has a presence on the ground; welcomes, to this end, the OSCE Permanent Council Decision of 22 July 2010 to deploy a Police Advisory Mission; stresses that the ongoing instability of this country requires a stronger and more substantial international presence, aimed at assisting and supporting local forces and enhancing police action; considers that the OSCE could play a leading role in Central Asia and restore its role in Georgia; deplores the fact that Police Advisory Mission has not been deployed as planned at the beginning of September 2010, due to resistance from the Kyrgyz Government; urges the OSCE member states and the Kyrgyz Government to allow the immediate deployment of neutral and international police forces in the country, to significantly increase the number of personnel deployed and to make sure that its mandate is executive instead of purely advisory;
8.

Calls on South Africa and the Southern Africa Development Community (SADC), in their own interests as well as those of Zimbabwe and the wider southern African region, to take further measures to encourage a return to full democracy in Zimbabwe and respect for the rule of law and the human rights of the people of Zimbabwe; recognises that Robert Mugabe and his close supporters continue to be a stumbling block in the process of political and economic reconstruction and reconciliation in Zimbabwe, plundering as they do its economic resources for their own benefit;
5.

Welcomes the fact that the deliberative draft text of 2 October 2010 confirms, in its preamble, ACTA’s aim of providing effective and appropriate means of IPR enforcement, complementing the TRIPS agreement and taking into account differences in the respective legal systems and practices of the ACTA parties; and insists on the fact that the principles set out in the Doha Declaration on the TRIPS Agreement and Public Health, adopted on 14 November 2001 by the WTO at its Fourth Ministerial Conference, held in Doha, Qatar, are the building blocks underpinning the ACTA deliberative draft text of 2 October 2010 and that, therefore, any enforcement of ACTA should comply with these principles;
57.

Calls on the Commission, in negotiations on EU trade agreements, including those with Canada and Ukraine, to take account of the interests of EU citizens, to maintain openness and to inform Parliament regularly about the progress of the negotiations; regrets that the Commission has not yet informed Parliament about the negotiations for a free trade agreement between the EU and Canada, even though these negotiations commenced in October 2009; calls on the Commission to provide Parliament and the committees responsible with detailed information on each further round of negotiations; is also concerned at possible concessions by the Commission in the negotiations, particularly in the areas of the opening up of markets, GMOs, milk, protection of intellectual property and origin labelling, and calls on the Commission not to make any concessions that might have a negative impact on European agriculture;
20.

Notes the Commission Communication on challenges in commodity markets and raw materials and welcomes the Commission’s attention to the issue thus far; asks the Commission to establish better information flows providing timely and quality data on market developments, taking into account the issue of stock dislocation; stresses, however, that improved information flows alone are not a solution to addressing volatility in markets; believes a stronger approach to tackling the issue may be necessary, particularly with regard to increasing transparency in commodity markets; highlights the problems faced by farmers at times of extreme market and price volatility; draws attention to the difficulties that farmers encounter in attempting to forward-plan at times of extreme volatility; urges the Commission to introduce effective and robust measures to address volatility in agricultural markets as a matter of urgency; believes that this will be a key determinant in ensuring that production is maintained in the European Union;
7.

Draws attention to the social and political developments that have taken place in recent years in most GCC member states; encourages all these states to sustain their efforts and to do more to promote human rights, to combat discrimination of all kinds, including discrimination based on gender, sexual orientation and religion; invites the GCC member states to safeguard and promote the rights of minorities – including religious minorities – gender equality, the right to work – including for migrant workers – and freedom of conscience, expression and opinion, calls for continuous dialogue between the EU and the GCC on these issues; invites the GCC member states to interact more positively with civil society and to support the emergence of local structures and associations; calls in particular on the GCC member states to: — ensure respect for human rights and fundamental freedoms, with special regard to the freedom of speech and of assembly and the right to demonstrate peacefully, and to listen to and take into account the legitimate demands of protesters as well as to ensure their security, — adopt measures to facilitate women's access to the labour market and to education by tackling all forms of discrimination based on gender and other customs or legal provisions, including all those relating to personal status, — abolish the sponsorship system imposed on migrant workers, where it is still enforced, and to pursue labour law reforms in order to ensure that workers, including migrant and domestic workers, enjoy full legal and social protection, — create synergies with the EU and its Member States in support of an International Labour Organisation (ILO) convention for domestic workers’ rights; — combat all forms of impunity, guarantee the independence of the judiciary and the right to a fair and speedy trial and strengthen the role of justice system professionals, — take steps to ensure that all human rights standards are widely publicised and are used in training for law enforcement officials, lawyers and members of the judiciary;
7.

Condemns the dismissal of Alyaksandr Pylchanka, the Chairman of the Minsk City Bar Association, by the Justice Minister, for expressing his concern about the ministry’s decision to revoke the licences of four lawyers involved in a so-called riot case as unfounded and as proof that there is a real threat to the independence of the judiciary and to the independence of every individual lawyer;
7.

Recalls that a healthy political culture is the foundation of democracy; calls on the opposition parties to end the boycott of the national parliament and resume the political dialogue within institutions; considers that it is the responsibility of the government and opposition to ensure immediate and open dialogue on all the existing challenges which the country is facing; points out that political instability could affect the European integration process, which should be a common shared priority for all the components of society; welcomes the adoption of the amendments to the rules of procedure of the parliament, allowing for stronger engagement by the opposition in its work; is, however, concerned that there is insufficient dialogue between the government and opposition parties and a general climate of distrust and confrontation; urges both sides to foster a climate of trust and to show strong commitment to using the new parliamentary rules of procedure in order to strengthen the political dialogue and constructive cooperation in the legislative process and in parliamentary scrutiny of the government's activities;
24.

Is deeply concerned at the Court of Auditors’ finding that payments for the year 2009 in this policy group were affected by material error and that the supervisory and control systems were generally, at most, partially effective in ensuring the regularity of payments; deplores the finding of the Court of Auditors that, although the Integrated Administration and Control System (IACS) is, in principle, well designed, its effectiveness is adversely affected by inaccurate data in the databases, incomplete cross-checks or incorrect or incomplete follow-up of anomalies; calls on the Commission to closely monitor the effectiveness of the supervisory and control systems in place in Member States to ensure that information on the irregularity rate per Member State represents a true and fair view of the actual situation; calls on the Commission to address the weaknesses in the effectiveness of IACS;
74.

Stresses the importance of guidance instruments for young people to help them in their educational and professional choices, from primary school to higher levels of education and training, in order to better prepare them for a smooth transition to active life; takes the view that measures must be taken to strengthen the role of the family and social environment of young people and of their schools in guiding them in their career choices and towards finding an occupation; points out that in many cases individually tailored support, in the form of advice for young people choosing a career and starting work, is required in order to achieve that objective;
36.

In order to enhance EU-CoE multilateral cooperation in fields that are important for the EU as well as the CoE, e.g. the rule of law, democracy, education, protection of human rights, freedom of expression and freedom of the press, and good governance, given that the EU is the largest contributor to joint operating programmes with the CoE, underlines the need to reform the EU’s presence and observer status in the CoE; recommends to the EU that it better coordinate its work with the CoE in the areas of rule of law, democracy and human rights with the aim of enhancing the effectiveness of both institutions in the aforementioned fields; particularly in view of the upcoming EU accession to the European Convention on Human Rights and Fundamental Freedoms (ECHR), emphasises the right to attend, with voting rights on behalf of the EU, meetings of the CoE Committee of Ministers when it performs, inter alia, its task of monitoring the execution of judgments given by the European Court of Human Rights; underlines, furthermore, the EU’s right to be represented in the Steering Committee for Human Rights - especially after its accession to the ECHR, which should give the EU a general right to participate fully in the CoE Committee of Ministers and to vote -, the right to nominate a judge to the European Court of Human Rights, as well as the right for the European Parliament to participate in the CoE Parliamentary Assembly when the latter elects judges; underlines that, in order to increase its effectiveness in the field of human rights at pan-European level, the EU should also accede to other CoE bodies such as the Committee on the Prevention of Torture (CPT), the European Commission against Racism and Intolerance (ECRI) and the European Commission on the Efficiency of Justice (CEPEJ);
19.

Considers that Galileo and EGNOS, as European programmes owned by the EU which address a public interest at EU level, should mainly be financed through the EU budget; believes that – alongside the contribution from the EU budget – all possible sources of financing should be investigated, including innovative forms of financing; emphasises that ad hoc, emergency budgetary solutions such as those seen in the past are likely to jeopardise the success and added value of such strategic, large-scale EU projects and undermine the political momentum around them; believes, therefore, that a sound, global and long-term financing solution should be found; suggests that a predetermined annual amount should be provided from the EU budget (for the financing of the remaining Galileo infrastructure as well as the operating costs); points out that the estimated figures included in the mid-term review for the period after 2013 are indicative, and calls on the Commission to present a detailed breakdown of the estimated financial needs by summer 2011, in order to increase the accountability, predictability and transparency of the project;
15.

Acknowledges the need for non-ODA cooperation with many developing countries for the provision of global public goods; believes that this kind of cooperation should be regulated and that funds should be channelled via one or more separate instruments, so as to ensure transparency and to protect the distinctive nature of development cooperation as an autonomous policy domain in the area of external relations; insists, in line with the commitment made at the European Council of 29-30 October 2009, that financing for climate change should not undermine or jeopardise the fight against poverty and continued progress towards the MDGs, and that the scarce ODA funds available for poverty reduction should not be diverted for non-development purposes in developing countries; stresses that the OECD definition of ODA should not be altered and calls on the Commission to ensure that no development projects financed by the EU conflict with global efforts to mitigate climate change and that all such projects are climate proof, particularly large infrastructure projects or projects in small islands which will be the first to suffer the consequences of climate change;
62.

Calls for Member States, in the event of certain binding priorities being set for all Member States, to include among their priorities innovation, infrastructure, transport and resource management, but considers there should be some margin for manoeuvre to take into account the scale of the programmes, the baseline scenario in each region and the results to be achieved, in order for these priorities to be tailored to each region's specific needs; stresses, in this connection, that innovation must be given a broad interpretation in line with the Innovation Union flagship initiative; notes that SMEs are the main source of jobs in the EU and are a breeding ground for business ideas; stresses that support for SMEs must be continued and strengthened in light of the key role they can play in the implementation of the Europe 2020 strategy; stresses that, in connection with Innovation Union, a broad concept of ‘innovation’ needs to be applied, while SME access to finances must continue to be facilitated; stresses that it must be possible for additional priorities to be proposed and pursued on a voluntary basis and in accordance with the principle of subsidiarity; calls for the proposed priority areas to include energy, education and training, and action to combat poverty;
18.

Believes that the mainstreaming of the ‘territorial cooperation’ objective with the ‘convergence’ and ‘competitiveness and employment’ objectives is needed; calls for the programming to be better coordinated than it has been before; suggests that regional operational programmes should have the option to take an interest and participate in the cross-border, transnational and interregional projects that concern them by defining a territorial approach to the allocation of funding, for the benefit of priority projects, like the connection to the trans-European networks in border regions, identified in advance and in consultation with their partners in the programmes, in accordance with the principles of multi-level governance and partnership, which will allow better exploitation of the potential of territorial cooperation thanks to the relations developed among private and public actors across borders;