1.

Addresses, in the context of the ongoing Framework Agreement negotiations, the following recommendations to the Council: (a) Notes the recent Council decision to finally allow a limited number of Members of Parliament to read the mandate given to the Commission to negotiate a Framework Agreement between the EU and Libya; regrets however the delay in this decision and calls for the EP to be granted access to the mandates of all international agreements under negotiation, in accordance with Article 218(10) TFEU, which states that Parliament shall be immediately and fully informed at all stages of the procedure; (b) Welcomes the opening of negotiations between the EU and Libya, as a step to develop a new relationship for the EU in the Mediterranean region and in Africa; considers cooperation with Libya useful in addressing issues such as security and stability, migration, public health, development, trade, climate change, energy and culture; (c) Urges the Council and the Commission to strongly recommend that Libya ratify and implement the Geneva Convention on Refugees of 1951 and its 1967 Protocol, including full cooperation with UNHCR so as to guarantee adequate protection and rights for migrants, and adopt asylum legislation that recognises refugees’ status and rights accordingly, notably the prohibition of collective expulsion and the principle of ‘non-refoulement’; (d) Reminds the Council and the Commission of their obligations to ensure full compliance of the EU’s external policy with the Charter of Fundamental Rights, particularly its Article 19, which prohibits collective expulsion and grants the principle of ‘non-refoulement’; (e) Urges the Council and the Commission to request that the Libyan authorities sign a Memorandum of Understanding granting UNHCR a legal presence in the country, with a mandate to exercise its full range of access and protection activities; (f) Urges the Council and the Commission to ensure that a readmission agreement with Libya could only be envisaged for irregular immigrants, excluding therefore those who declare themselves asylum-seekers, refugees or persons in need of protection, and reiterates that the principle of ‘non-refoulement’ applies to any persons who are at risk of the death penalty, inhumane treatment or torture; (g) Calls on the Council to offer resettlement to recognised refugees identified by UNHCR in Libya according to the agreed Migration Cooperation Agenda of 4 October 2010; (h) Calls on the Council and the Commission to strengthen their support for UNHCR activities while promoting towards the Libyan authorities respect for international humanitarian standards for undocumented migrants in the country, including the systematic access of the UNHCR to detention centres; (i) Calls on the Council and the Commission to propose assistance to Libya, involving UNHCR, IOM, ICMPD and other expert agencies, aimed at addressing the problem of trafficking of human beings in the region, with special attention to the protection of women and children, including assistance to integrate legal migrants and to improve conditions for migrants found illegally in the country; to this effect welcomes the agreement on a migration cooperation agenda signed between Commissioners Mälmstrom and Füle and the Libyan authorities in October 2010; (j) Urges the Commission to disclose to Parliament all detailed information related to the financial external instruments used for the EU-Libya Partnership Agreement; (k) Urges the Council to encourage Libya to commit to a moratorium on the death penalty, in compliance with the UNGA resolutions adopted on 18 December 2007 and 18 December 2008, with a view to abolishing the death penalty, and to release statistics on all persons executed in Libya since 2008 and divulge the identity of the persons concerned and the charges on which they were convicted; calls on the HR/VP to demonstrate the political priority which the EU assigns to abolition of the death penalty by systematically raising this issue with Libyan authorities; (l) Calls on the Council to insist on the inclusion in the Framework Agreement of a clause on the International Criminal Court, leading Libya to consider ratifying the Rome Statute; (m) Calls on the Council to propose to Libya cooperation on programmes to strengthen regional synergies on sustainable development and environmental matters, such as climate change, water scarcity and desertification; (n) Calls on the Council and the Commission to encourage, during the negotiations on the Framework Agreement, Libya’s participation in the Euro-Mediterranean Partnership and the activities and main projects of the Union for the Mediterranean; (o) Calls on the Commission to fully respect its obligation under Article 218 TFEU by duly informing Parliament on what is being sought by the EU on ‘nuclear cooperation’ with Libya under the ‘Energy’ chapter in the Framework Agreement negotiations, including all political and security implications; (p) Congratulates Libyan health authorities and professionals on the remarkable improvement in medical and scientific capacities to deal with HIV-AIDS, which was achieved through the Benghazi Action Plan, jointly implemented by the EU and Libya, and supports the requested extension of such cooperation to other infectious diseases and other medical centres in Libya; calls on EU Member States to extend specialised healthcare to Libyan patients, including facilitating temporary treatment in specialised institutions in Europe; (q) Considers that the Framework Agreement should include assistance on institutional capacity building, as a means to strengthen civil society, support modernisation, encourage democratic reforms, independent media and an independent judiciary, and encourage other efforts to open up space for business, academia, NGOs and other Libyan stakeholders; (r) Calls on the Council and Commission to ensure that the programmes designed for trade focus on provision of actual support to enterprises, particularly small and medium-sized businesses, in order to maximise their export potential; (s) Calls on the Council and Commission to encourage Libya to fully respect its pledges given when acceding to the UNHRC and thus urges Libya to issue standing invitations to those appointed under UN special procedures such as the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on torture, the Special Rapporteur on freedom of expression and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance as well as the Working Group on enforced and involuntary disappearances and the Working Group on arbitrary detentions, as requested in the recent Universal Periodic Review on Libya; calls in the same spirit for unfettered access to the country for independent scrutiny of the overall human rights situation; (t) Calls on the Council to ensure that Schengen visas for Libyans are issued without unnecessary delays, to examine other facilitation procedures and to persuade Libyan authorities to facilitate visas for Europeans residing or conducting professional activities in Libya; (u) Recommends the establishment of an EU Delegation in Tripoli as soon as possible;