European Parliament legislative resolution on the Commission communication on Article 7 of the Treaty on European Union: Respect for and promotion of the values on which the Union is based (COM(2003) 606 — C5-0594/2003 — 2003/2249(INI))
Date: 2004-04-20
Institutions: Committee on Constitutional Affairs, European Parliament
Subjects: EU law, EU policy, European Union, human rights, promotion of the European idea, protection of freedoms

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Calls on the Commission to evaluate the consultation procedure as regards the definition of the

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concept of waste already carried out and to make it accessible to the public;

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Calls on the Commission, as provided in the Sixth Community Environment Action Programme, to
clarify the distinction between waste and non-waste, to clarify the definition of recovery and to draw up a
general definition of the terms ‘waste prevention’, ‘re-use’, ‘recycling’ and ‘recycler’ as swiftly as possible and
independently of the strategy;

Urges the Commission to consider the scope for making legislation on waste more flexible, for
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example by increasing the discretion to treat waste on a case by case basis, according to its quality, and
to apply less cumbersome administrative procedures, so as to ensure that legislation does not unnecessarily
impede the recycling and utilisation of waste;

Proposes that information campaigns should be used to heighten awareness in favour of sustainable

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waste management among the public, the authorities and economic stakeholders;

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Calls for the participation of all parties involved in the waste recycling cycle, including end users,
and calls for measures for the separate collection of waste, in order to meet the challenge of sustainable
waste management;

Calls for the establishment of advice centres to promote waste prevention and sustainable waste

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management among small businesses;

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Calls on the Member States to enter into an exchange of information at European level on national
training and education programmes in the field of waste management, and proposes that a European study
be carried out in schools on the teaching and knowledge of the problems associated with waste, with the
aim of addressing a recommendation to the Member States aimed at heightening awareness of those
problems amongst young people; also proposes in this context that a support programme be set up for
school projects on the basis of this study, with the aim of introducing waste prevention and sustainable
waste management in schools;

Calls on the Commission and the Member States to intensify their efforts to develop international

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waste disposal standards further at UN and OECD level;

54. Welcomes the Commission’s intention to subject the strategy to an extended impact assessment;

Instructs its President to forward this resolution to the Council, the Commission and the govern-

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ments and parliaments of the Member States.

P5_TA(2004)0309

Respect for and promotion of the values on which the Union is based

European Parliament legislative resolution on the Commission communication on Article 7 of the
Treaty on European Union: Respect for and promotion of the values on which the Union is based
(COM(2003) 606 (cid:1) C5-0594/2003 (cid:1) 2003/2249(INI))

And somehow or other good men are slower in action, and overlooking the first beginnings of things, are at last aroused by
necessity itself so that some times through their very delays and tardiness of movement while they wish to retain their ease even
without dignity, they, of their own accord, lose both.

M. Tullius Cicero, Pro Sestio 100

The European Parliament,

(cid:1) having regard to Articles 6 and 7 of the Treaty on European Union and to Article 309 of the Treaty

establishing the European Community,

(cid:1) having regard to the Charter of Fundamental Rights of the European Union, signed in Nice on

7 December 2000 (1),

(1) OJ C 364, 18.12.2000, p. 1.

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(cid:1) having regard to the draft Treaty establishing a Constitution for Europe drawn up by the Convention

on the Future of Europe (1),

Tuesday 20 April 2004

(cid:1) having regard to the Commission communication (COM(2003) 606 (cid:1) C5-0594/2003),

(cid:1) having regard to Rules 47(2) and 163 of its Rules of Procedure,

(cid:1) having regard to the report of the Committee on Constitutional Affairs and the opinion of the Com-

mittee on Legal Affairs and the Internal Market (A5-0227/2004),

A. whereas Article 6 of the EU Treaty establishes the European Union as a community of values and
fundamental rights and enshrines the principle of respect for fundamental rights, as guaranteed by
the European Convention for the Protection of Human Rights and Fundamental Freedoms and as
they result from the traditions of the Member States,

B. whereas respect for the values on which the Union is based is a precondition for membership of and
involvement with the Union, and whereas a serious and persistent breach of those values may lead to
the imposition of the penalties referred to in Article 7,

C. whereas the Charter of Fundamental Rights of the European Union has been solemnly proclaimed by
the European Council and the European Parliament, whereas it has been accepted by the European
Commission, and has been taken into account by the European Court of Justice,

D. whereas the Convention on the Future of Europe incorporated the Charter of Fundamental Rights into

its draft Constitution,

E. whereas Article 2 of the draft Treaty establishing a Constitution for Europe places respect for human
dignity at the head of the list of values on which the Union is founded, expands that list to include
respect for equality and makes clear that these values are common to the Member States, whose
societies are characterised by pluralism, tolerance, justice, solidarity and non-discrimination,

F. whereas the same draft constitutional Treaty confirms the texts incorporated successively by the Treaty
of Amsterdam and by the Treaty of Nice into the basic Treaties in the form of Article 7, and whereas
this draft has clarified the texts by transforming them into Article 58, which lays down the Union’s
power,

G. whereas all the European Union Member States are members of the United Nations and the principle
of the rule of law therefore embraces respect for international law and the United Nations Charter,

1. Welcomes the Commission’s initiative as an important contribution to closer cooperation among all
EU institutions on protecting the values of the Union and, hence, human rights and fundamental freedoms;

2.
Takes the view that, when determining whether a clear risk of a breach of the principles referred to
in Article 6(1), pursuant to Article 7(1), or a serious and persistent breach, pursuant to Article 7(2), exists, a
higher standard of protection of fundamental rights is needed than that proposed by the Commission;

3.
Takes the view that, when Article 7 is applied, due attention must be paid to political phenomena
which must be regarded as clear risks of a breach or as serious and persistent breaches of the values on
which the Union is based and which do not merely constitute a series of individual breaches of the law:
failures by a Member State to act on violations of human rights, tolerance of such violations, or the
promotion of a climate or social conditions in which individuals rightly feel threatened must be recognised
as a clear risk of a breach of the Union’s values and its citizens’ fundamental freedoms;

Does not share the Commission’s conviction that ‘in this Union of values it will not be necessary to
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apply penalties pursuant to Article 7 of the EU Treaty and Article 309 of the EC Treaty’; takes the view,
instead, that ignoring the possible need for penalties must create the impression that the Union is not
prepared or is not in a position to use all the means at its disposal to defend its values;

(1) OJ C 169, 18.7.2003, p. 1.

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Notes that neither the Treaty of Nice nor the draft Constitution enhance the nature or extend the
scope of the measures involving the suspension of rights which the Council of Ministers may decide to
take;

6.
Emphasises that the Treaty, by stipulating that Parliament must give its assent prior to any decision
by the Council, and by granting Parliament the right to call for a procedure to be opened in the event of a
clear risk of a serious breach, acknowledges Parliament’s special role as an advocate for European citizens;
takes the view that, when performing that special role, Parliament must exercise its powers in defending
common principles, values and fundamental rights in a non-partisan, prudent, responsible and fair manner;

Takes the view,

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that, notwithstanding all necessary consultations and exchanges of
information among the European institutions, its definitive opinion must be based on its independent
decision;

therefore,

Emphasises its particular responsibility as the directly elected representative of European citizens in

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defending democracy, the rule of law and fundamental rights;

9. Welcomes the extension of its role under the Article 7 procedure brought about by the Treaty of
Nice; takes the view that the lack of a right of initiative for Parliament in the procedure laid down to deal
with serious breaches should in no way prevent Parliament from carrying out its normal role, so that,
although at present it may not be able to submit a formal request on the basis of the law, there is nothing
to stop it from using its supervisory powers to make a political call for action by the Council;

10.
Emphasises that, in order to determine the existence of a clear risk of a serious breach (Article 7(1)
of the EU Treaty) or of a serious and persistent breach (Article 7(2) of the EU Treaty) of common prin-
ciples, the Council needs Parliament’s assent; it is thus all the more necessary for the above-mentioned
conditions to be fulfilled;

States that the following principles should underpin the application of Article 7 of the EU Treaty
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and, in particular, the requirement that it should give its assent when breaches are established pursuant to
paragraphs 1 and 2, and calls on the Commission and Council likewise to respect the following principles:

(a) Principle of confidence

The Union looks to its Member States to take active steps to safeguard the Union’s shared values and
states, on this basis, that as a matter of principle it has confidence in:

(cid:1) the democratic and constitutional order of all Member States and in the ability and determination

of their institutions to avert risks to fundamental freedoms and common principles,

(cid:1) the authority of the European Court of Justice and of the European Court of Human Rights.

Union intervention pursuant to Article 7 of the EU Treaty must therefore be confined to instances of
clear risks and persistent breaches and may not be invoked in support of any right to, or policy of,
permanent monitoring of the Member States by the Union. Nevertheless, the Member States, accession
countries and candidate countries must continue to develop democracy, the rule of law and respect for
fundamental rights further and, where necessary, implement or continue to implement corresponding
reforms;

The principle of confidence does not stand in the way of greater use of the services of the European
Monitoring Centre for Racism and Xenophobia;
if appropriate, the role of the Monitoring Centre
could be revised with a view to providing independent and objective scrutiny on a broader basis;

(b) Principle of plurality

The Union respects the plurality of ideologies, political objectives and values and the democratic com-
petition between them on the basis of fundamental rights and common values. Parliament, the Council
and the Commission must therefore ensure that no improper use is made of the procedures under
Article 7 of the EU Treaty as instruments of political opposition;

(c) Principle of equality

In connection with the application of Article 7 of the EU Treaty, the Union acknowledges the principle
of strict equality of treatment of all Member States irrespective of size, political orientation, financial
contribution to the Union budget, length of membership of the Union or other differences;

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(d) Principle of openness

All decisions taken under Article 7 of the EU Treaty would thus need to be as credible as possible to
European citizens. Without prejudice to diplomatic consultations and other political talks, the pro-
cedures must be transparent, understandable and open to the public;

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Regards it as advisable, once the new Parliament and the new Commission have taken office, to
embark on an interinstitutional dialogue on a set of common criteria and the above-mentioned principles
governing the opening of the Article 7 procedure with a view to organising cooperation and the exchange
of all essential information among the European institutions;

Instructs its President to forward this resolution to the Council, the Commission and the govern-

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ments of the Member States and accession countries.