European Parliament resolution on the European Council meeting in Tampere
Date: 1999-10-27
Institutions: European Parliament
Subjects: European Union, European judicial area, anti-discriminatory measure, common foreign and security policy, fundamental rights

5.6.2000

EN

Official Journal of the European Communities

C 154/63

Wednesday 27 October 1999

through the extension of overdraft facilities or the purchase in the primary market of securities, and to
make it clear that the ‘no bail-out’ principle also applies to the acquisition of State funds on the secondary
market, and in this context to highlight the potential dangers, either to the creditworthiness of Member
States or to the credibility of the ECB, of excessive reliance by some governments on short-term funding at
maturities of less than one year;

17.
Considers it necessary and appropriate that the ECB be represented at international level, for exam-
ple in the Bank for International Settlements, the International Monetary Fund and the G7, but calls for the
Commission to be appropriately involved in decisions and at institutional level in the International Mon-
etary Fund in particular; calls on the ECB to recognise fully its role in international cooperation;

18.
Regrets that some members of the Council have been reported as suggesting a limit on the ECB’s
discretion to pursue price stability by raising the possibility of either ‘general orientations’ for exchange
rate policy or even adherence to a formal exchange rate system; points out that the justification for any
such guidelines is diminished by the small part of the euro-area’s gdp which is now exposed to exchange
rate fluctuations; and notes that any such Council decision could only be on the basis of a recommenda-
tion from either the ECB itself or the Commission and that it would require unanimity; in this context,
hopes that Council members will be more circumspect in their future comments;

Instructs its President to forward this resolution to the European Central Bank, the Commission and

19.
the Council.

15. Outcome of the European Council on 15/16 October in Tampere

B5-0187, 0188, 0190 and 0193/1999

European Parliament resolution on the European Council meeting in Tampere

The European Parliament,

. having regard to the provisions of the Treaty of Amsterdam, and to the detailed Vienna Action Plan

for the creation of an area of freedom, security and justice,

. having regard also to the provisions of the Treaty of Amsterdam on the responsibilities of the EU
institutions concerning the safeguarding of fundamental rights and combating all forms of discrimina-
tion, racism and xenophobia,

. having regard to its previous resolutions on this subject and particularly the preparatory resolution to
the Tampere summit, adopted on 16 September 1999 (1), to the position of the Commission contained
in President Prodi’s letter of 23 September 1999 to the Prime Minister of Finland and to the speech
delivered to the European Council by the President of the European Parliament,

. having regard to the conclusions of the European Council special meeting on 15/16 October 1999 in

Tampere on the creation of an area of freedom, security and justice in the European Union,

Constitutional and democratic features

Notes the significance of the Heads of State and Government holding their first special summit
1.
devoted to the important issues which are at the core of a Union ‘founded on the principles of liberty,
democracy, respect for human rights and fundamental freedoms and the rule of law’;

Regrets that, despite the European Council’s assertion that democratic institutions are a foundation
2.
stone of European integration, the Presidency Conclusions contain no reference to the content of the Pre-
sident of Parliament’s address nor to the specific recommendations addressed by Parliament to the Euro-
pean Council; stresses in particular the need for an increase in democratic control;

(1) Minutes of that sitting, Part II, Item 10(b).

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5.6.2000

Wednesday 27 October 1999

3.
Resolves to organise before the end of the year, through its Committee on Citizens’ Freedoms and
Rights, Justice and Home Affairs, another interparliamentary conference on the area of freedom, security
and justice (on the lines of that organised in March 1999) with the participation of representatives of civil
society as well as national parliaments;

Towards an area of freedom, security and justice

4.
Applauds the European Council’s decision to maintain the objective of developing the Union as an
area of freedom, security and justice at the very top of the political agenda, by establishing a ‘scoreboard’
to ensure that the momentum of the project is not lost, but reminds the European Council that its deter-
mination must encompass a comprehensive approach which pays full attention to issues affecting citizens’
rights, including their rights against governments; believes that concerning this criterion there was some
unevenness and some gaps in the summit results such as, for example, the failure to open a channel for
citizens to have recourse to the European Court of Justice to enforce their rights;

Fundamental rights and non-discrimination

5. Welcomes the composition and method of work agreed upon for the body set up to draw up a draft
EU Charter of Fundamental Rights and will participate wholeheartedly in this task;

Places great hopes in the strong parliamentary component of this body, which illustrates the demo-

6.
cratic development of the EU better than a classic Intergovernmental Conference could do;

7.
Considers it desirable that the result of this body’s work . perhaps on the basis of the Convention
for the Protection of Human Rights and Fundamental Freedoms . should be binding on Community
bodies under EU law and thus have direct effect for EU citizens;

8.
Hopes that all the members of the body will be designated in December 1999, and undertakes to do
this so far as it is concerned; considers that the chairmanship of the body should fall to its parliamentary
component;

9.
Regrets that the European Council did not use this opportunity to take concrete steps to reinforce
the right to move and reside freely throughout the Union and . despite reaffirming the principle of trans-
parency . citizens’ rights to freedom of information and access to documents, including an end to secrecy
in the Council when acting in its legislative capacity;

10. Welcomes the European Council’s call for the fight against racism and xenophobia to be stepped up
but reminds the Heads of State and Government that it expects them to act consistently on this by making
greater efforts to avoid creating in the public mind an association between crime, illegal immigrants and
asylum seekers;

11.
Endorses the European Council’s call for the Commission to come forward as soon as possible with
proposals for implementing Article 13 of the EC Treaty but wishes those proposals to encompass all the
factors of discrimination cited in that article;

Asylum and migration

12. Welcomes and endorses the reaffirmation of absolute respect for the right to seek asylum based on
the full and inclusive application of the Geneva Convention, thus ensuring that nobody is sent back to face
persecution, i.e. maintaining the principle of non-refoulement;

13.
Regrets that the European Council could not agree on a Single Asylum System but only on com-
mon procedural standards, minimum conditions of reception of asylum seekers, and approximation of
rules on the recognition and content of the status of refugees and urges rapid progress towards agreement
on a Single Asylum System with uniform status for refugees on the basis of a Commission proposal; such
a System must contain checks against abuse in order to safeguard the principle of asylum itself;

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Official Journal of the European Communities

C 154/65

14.
Regrets the lack of agreement within the European Council on the issue of temporary and subsidi-
ary protection for displaced persons on the basis of burden-sharing and financial solidarity between Mem-
ber States, and expresses preference for EU funding in the event of a mass influx of refugees for temporary
protection;

Wednesday 27 October 1999

15.
Urges the rapid realisation of promises of fair treatment of third-country nationals who reside leg-
ally in Member States and the definition of their legal status with uniform rights as near as possible to
those enjoyed by EU citizens, and rapid decisions by the Council on the basis of the Commission’s propo-
sals on the establishment of a common EU visa and long-term residence permits;

16.
Urges the Council not to circumvent legislative procedure put in place by the Treaty of Amsterdam
but to ensure democratic parliamentary scrutiny and adoption procedures; insists that action plans for
individual countries must go beyond a focus on deterrence of migrants and asylum-seekers from those
countries and fully address the root causes of the refugee phenomenon and how Union policies can help
reduce the pressures; calls for a timetable and indication of budgetary resources for such policies;

17.
Calls on the Council to consider whether the objectives of Title IV of the Treaty on visas, asylum
and immigration can be achieved and whether agreement among Member States can be found before the
end of the five-year period fixed by the Treaty so that all decisions under this title can be governed by the
procedure referred to in Article 251 and the provisions relating to the powers of the Court of Justice can
be adapted before enlargement of the Union;

18. Welcomes the determination to combat illegal immigration but reiterates its insistence that care
needs to be taken in use of language so as not to muddle illegal immigrants, asylum-seekers and refugees,
and urges that sanctions should be directed at those who engage in trafficking in human beings and eco-
nomic exploitation of migrants rather than at the victims of such exploitation;

19.
Notes that the European Council did not invite the Commission to come forward with a proposal
on the rights and obligations of third-country nationals, and therefore calls upon the Commission to make
such a proposal in conjunction with proposals under the anti-discrimination Article 13 of the EC Treaty
which, moreover, should not be confined to racism and xenophobia as implied by the European Council;

Access to justice in Europe

Fully endorses the aim that,

20.
individuals and businesses
should not be prevented or discouraged from exercising their rights by the incompatibility or complexity
of legal and administrative systems in Member States;

in a genuine European Area of Justice,

21.
Believes that the early simplification and acceleration of cross-border suits for consumer and small
commercial and maintenance claims, improved protection for victims, their access to justice and rights to
damages and costs, and better conditions for those accused of law-breaking in a Member State other than
their own could do much to make a reality of a ‘European area of justice’ for individuals; to this end, calls
for speedy endorsement by the Council, under the procedures of Title IV of the Treaty, of the content of
the Second Brussels Convention;

22.
Notes the commitment by the European Council and the Commission to adopt by December 2000
a programme of measures to implement the principle of mutual recognition of judicial decisions and the
necessary approximation of legislation in both civil and criminal matters, and urges that this should
include measures to ensure consistent and adequate standards of legal and judicial practice throughout
the Union including the provision of legal aid and the establishment of a ‘Euro-bail’ system enabling
those charged to go home while awaiting trial; stresses that the principle of mutual recognition has to be
complemented by the agreeing of minimum standards in order to improve confidence in other judicial
systems;

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5.6.2000

Wednesday 27 October 1999

Action Against Crime

23.
Believes that proposals to increase the competences of Europol, establish a European police chiefs’
operational task force, a European police training college and Eurojust must be implemented in the context
of strengthened democratic and judicial control of data protection, and therefore reiterates its request for
police and judicial cooperation in criminal matters (remaining ‘third pillar’) to be integrated into the
Community pillar in order to achieve greater legislative coherence and stronger democratic controls;

Supports the call for the approximation of criminal

law and procedures on money laundering
24.
(e.g. tracing, freezing and confiscating funds) and urges real action to address the obstacles caused by
banking secrecy and tax havens;

25. Welcomes the prospect of regional cooperation against organised crime involving the Member
States and third countries bordering the Union and endorses the call for clear priorities and policy objec-
tives for the Union’s external action in Justice and Home Affairs to be drawn up prior to the European
Council in June 2000;

26.
Agrees that external relations must be used in an integrated and consistent way to build the area of
freedom, security and justice, but urges the Council in future to inform and consult Parliament in a more
comprehensive way on all its negotiations and activities in relation to third countries; regrets that the
European Council has not taken the opportunity to affirm the Union’s responsibility in respect of popula-
tion movements outside its borders;

Instructs its President to forward this resolution to the European Council, the Council, the Commi-

27.
ssion and the governments and parliaments of the Member States.

*

*

*

16. Appointment of Ombudsman

Decision appointing the Ombudsman of the European Union

The European Parliament,

. having regard to the EC Treaty, and in particular Articles 21, second paragraph, and 195 thereof,

. having regard to the ECSC Treaty, and in particular Article 20d thereof,

. having regard to the EAEC Treaty, and in particular Article 107d thereof,

. having regard to its decision of 9 March 1994 on the regulations and general conditions governing

the performance of the Ombudsman’s duties (1),

. having regard to Rule 177 of its Rules of Procedure,

. having regard to the call for nominations of 31 July 1999 (2),

. having regard to the nominations forwarded pursuant to Article 6(2) of the regulations and general
conditions governing the performance of the Ombudsman’s duties and Rule 177(3) of Parliament’s
Rules of Procedure,

. having regard to the list of admissible nominations,

. having regard to the hearings of the nominees in the committee responsible on 19 October 1999,

. having regard to its vote of 27 October 1999,

Appoints Mr Jacob Magnus Söderman Ombudsman of the European Union.

(1)
(2)

OJ L 113, 4.5.1994, p. 15.
OJ C 220, 31.7.1999, p. 29.