TEXTS ADOPTED

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TEXTS ADOPTED Powered By Docstoc
					                                  2002 - 2003




                      TEXTS ADOPTED
                                at the sitting of

                                  Thursday
                                 11 April 2002




     TA P5_TAPROV(2002)04-10   PROVISIONAL EDITION   PE 316.566



EN                                                                EN
                                                          CONTENTS

                                                    TEXTS ADOPTED




P5_TAPROV(2002)0175
International terrorism * (procedure without report)
(C5-0132/2002)
Proposal for a Council regulation imposing certain specific restrictive measures directed
against certain persons and entities associated with Usama bin Laden, the Al-Qaida
network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting
the export of certain goods and services to Afghanistan, strengthening the flight ban and
extending the freeze of funds and other financial resources in respect of the Taliban of
Afghanistan (COM(2002) 117 - C5-0132/2002 - 2002/0059(CNS))............................................ 1
P5_TAPROV(2002)0176
Workers' exposure to asbestos ***I
(A5-0091/2002 - Rapporteur: Elisa Maria Damião)
Proposal for a European Parliament and Council directive amending Council Directive
83/477/EEC on the protection of workers from the risks related to exposure to asbestos at
work (COM(2001) 417 – C5-0347/2001 – 2001/0165(COD))..................................................... 6
Legislative resolution .................................................................................................................. 18
P5_TAPROV(2002)0177
COM in ethyl alcohol of agricultural origin *
(A5-0073/2002 - Rapporteur: María del Pilar Ayuso González)
Proposal for a Council regulation on the common organisation of the market in ethyl
alcohol of agricultural origin (COM(2000) 101 – C5-0095/2001 – 2001/0055(CNS)).............. 19
P5_TAPROV(2002)0178
Preparation of Euro-Mediterranean Foreign Ministers' meeting in Valencia, 22/23 April
2002
(A5-0087/2002 - Rapporteur: Pere Esteve)
European Parliament resolution on the Commission communication to the Council and the
European Parliament to prepare the meeting of Euro-Mediterranean Foreign Ministers,
Valencia, 22-23 April 2002 (SEC(2002) 159 – C5-0128/2002– 2002/2057(COS))................... 20
P5_TAPROV(2002)0179
EU strategy towards China
(A5-0076/2002 - Rapporteur: Vasco Graça Moura)
European Parliament resolution on the Commission communication to the Council and the
European Parliament on a EU Strategy towards China: Implementation of the 1998
Communication and future steps for a more effective EU policy (COM(2001) 265 –
C5-0098/2001 – 2001/2045(COS))............................................................................................. 31


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     P5_TAPROV(2002)0180
     Social protection
     (A5-0071/2002 - Rapporteur: Carlo Fatuzzo)
     European Parliament resolution on the Commission communication 'Supporting national
     strategies for safe and sustainable pensions through an integrated approach'
     (COM(2001) 362 – C5-0012/2002 – 2002/2017(COS))............................................................. 40
     P5_TAPROV(2002)0181
     Risk capital action plan
     (A5-0020/2002 - Rapporteur: Peter William Skinner )
     European Parliament resolution on the Commission communication to the Council and the
     European Parliament on implementation of the risk capital action plan (RCAP)
     (COM(2001) 605 – C5-0015/2002 – 2001/2213(COS))............................................................. 48
     P5_TAPROV(2002)0182
     Protection of minors and human dignity
     (A5-0037/2002 - Rapporteur: Christopher J. P. Beazley)
     European Parliament resolution on the evaluation report from the Commission to the
     Council and the European Parliament on the application of the Council Recommendation
     of 24 September 1998 concerning the protection of minors and human dignity
     (COM(2001) 106 – C5-0191/2001 – 2001/2087(COS))............................................................. 52
     P5_TAPROV(2002)0183
     Cooperation with third countries in the field of cooperation
     (A5-0035/2002 - Rapporteur: Marielle de Sarnez)
     European Parliament resolution on the Communication from the Commission to the
     European Parliament and the Council on strengthening cooperation with third countries in
     the field of higher education (COM(2001) 385 – C5-0538/2001 – 2001/2217(COS)) .............. 57
     P5_TAPROV(2002)0184
     Second United Nations World Assembly on Ageing (Madrid, 8-12 April 2002)
     (B5-0239, 0240, 0241, 0242 and 0243/2002)
     European Parliament resolution on the Second United Nations World Assembly on
     Ageing (Madrid, 8-12 April 2002).............................................................................................. 63
     P5_TAPROV(2002)0185
     Moldova
     (B5-0210, 0212, 0219 and 0232/2002)
     European Parliament resolution on the political situation in Moldova and the
     disappearance of Vlad Cubreacov............................................................................................... 68
     P5_TAPROV(2002)0186
     Burma/Myanmar
     (B5-0209, 0213, 0221 and 0234/2002)
     European Parliament resolution on Burma/Myanmar................................................................. 71
     P5_TAPROV(2002)0187
     Indigenous minorities in Vietnam and closure of the refugee camps in Cambodia
     (B5-0208, 0214, 0222 and 0235/2002)
     European Parliament resolution on indigenous minorities in Vietnam and closure of the
     refugee camps in Cambodia ........................................................................................................ 75


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P5_TAPROV(2002)0188
Human rights: Violation of human rights in Nigeria
(B5-0207, 0211, 0215, 0225, 0227 and 0236/2002)
European Parliament resolution on the violation of human rights, specifically women's
rights, in Nigeria.......................................................................................................................... 78
P5_TAPROV(2002)0189
Human rights: Human rights situation in Guatemala
(B5-0202, 0206, 0224 and 0228/2002)
European Parliament resolution on the human rights situation in Guatemala ............................ 82
P5_TAPROV(2002)0190
Human rights: Channel Tunnel
(B5-0200, 0205, 0223 and 0233/2002)
European Parliament resolution on the issue of refugees and obstruction of rail freight
through the Channel Tunnel........................................................................................................ 84
P5_TAPROV(2002)0191
Human rights: EU position for the next special session of the UN General Assembly on
Children
(B5-0216 and 0238/2002)
European Parliament resolution on the EU position in the Special Session on Children of
the UN General Assembly........................................................................................................... 87
P5_TAPROV(2002)0192
Angola
(B5-0204, 0217, 0220, 0226 and 0230/2002)
European Parliament resolution on Angola ................................................................................ 90
P5_TAPROV(2002)0193
Torrential rain in Tenerife and eastern Spain and climate change
(B5-0218, 0231 and 0237/2002)
European Parliament resolution on the torrential rain affecting Tenerife and the east coast
of Spain and climate change........................................................................................................ 93




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P5_TAPROV(2002)0175
International terrorism * (procedure without report)
Proposal for a Council regulation imposing certain specific restrictive measures directed
against certain persons and entities associated with Usama bin Laden, the Al-Qaida
network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting
the export of certain goods and services to Afghanistan, strengthening the flight ban and
extending the freeze of funds and other financial resources in respect of the Taliban of
Afghanistan (COM(2002) 117 - C5-0132/2002 - 2002/0059(CNS))

(Consultation procedure)

The proposal was approved as amended:

       Text proposed by the Commission                            Amendments by Parliament


                                              Amendment 1
                                               Recital 4

(4) These measures fall under the scope of               (4) These measures fall under the scope of
the Treaty and, therefore, notably with a                the Treaty and, therefore, Community
view to avoiding distortion of competition,              legislation is necessary to implement the
Community legislation is necessary to                    relevant decisions of the Security Council as
implement the relevant decisions of the                  far as the territory of the Community is
Security Council as far as the territory of the          concerned. For the purpose of this
Community is concerned. For the purpose of               Regulation, the territory of the Community
this Regulation, the territory of the                    is deemed to encompass the territories of the
Community is deemed to encompass the                     Member States to which the Treaty is
territories of the Member States to which the            applicable, under the conditions laid down in
Treaty is applicable, under the conditions               that Treaty.
laid down in that Treaty.


                                              Amendment 2
                                               Recital 5

(5) In order to create maximum legal                     (5) Taking into account the fact that the list
certainty within the Community, the names                of persons, entities and bodies whose funds
and other relevant data with regard to                   should be frozen has been determined
persons, entities and bodies whose funds                 under the sole responsibility of the relevant
should be frozen further to a designation by             UN Sanctions Committee, in order to create
the UN authorities, should be made publicly              maximum legal certainty within the
known and a procedure should be                          Community, the names and other relevant
established within the Community to amend                data with regard to persons, entities and
these lists.                                             bodies whose funds should be frozen further
                                                         to a designation by the UN authorities,

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                                                       should be made publicly known and a
                                                       procedure should be established within the
                                                       Community to amend these lists and to
                                                       request the proper procedure for the
                                                       revision of the lists by the Sanctions
                                                       Committee, in particular since the list in
                                                       Annex I of the Regulation includes
                                                       European Union citizens whose assets have
                                                       been frozen, despite the fact that no judicial
                                                       proceedings have taken place and no
                                                       evidence has been provided.


                                            Amendment 3
                                           Recital 5 a (new)

                                                       (5a) The Court of Justice of the European
                                                       Communities has jurisdiction in actions
                                                       brought by the persons listed, pursuant to
                                                       Article 230(4) of the Treaty.


                                           Amendment 4
                                          Recital 5 b (new)

                                                       (5b) The Court of Justice of the European
                                                       Communities also has jurisdiction to give
                                                       preliminary rulings concerning the validity
                                                       and interpretation of this Regulation.


                                            Amendment 5
                                             Recital 7

     (7) UN Security Council Resolution 1267           (7) UN Security Council Resolution 1267
     (1999) provides that the relevant UN              (1999) provides that the relevant UN
     Sanctions Committee may grant exemptions          Sanctions Committee may grant exemptions
     to the freezing of funds on grounds of            to the freezing of funds on grounds of
     humanitarian need. Therefore, provision           humanitarian need. Therefore, provision
     needs to be made to render such exemptions        needs to be made to render such exemptions
     applicable throughout the Community.              applicable throughout the Community.
                                                       Notwithstanding the adoption of such
                                                       exemptions by that Sanctions Committee,
                                                       interim measures may be prescribed by the
                                                       Court of Justice pursuant to Article 243 of
                                                       the Treaty to ensure respect for the
                                                       non-derogable human rights referred to in
                                                       Article 4(2) of the International Covenant
                                                       on Civil and Political Rights (ICCPR), in

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                                                         particular the right to life referred to in
                                                         Article 6 thereof.


                                              Amendment 6
                                               Recital 9

(9) The Commission and the Member States                 (9) The Commission and the Member States
should inform each other of the measures                 should inform each other of the measures
taken under this Regulation and of other                 taken under this Regulation and of other
relevant information at their disposal in                relevant information at their disposal in
connection with this Regulation, and co-                 connection with this Regulation, and co-
operate with the relevant UN Sanctions                   operate with the relevant UN Sanctions
Committee, in particular by supplying                    Committee, in particular by supplying to it
information to it.                                       any information, including requests
                                                         presented by interested parties for the
                                                         addition or deletion from the list of persons
                                                         and entities, in particular of citizens or
                                                         residents of the European Union, and for
                                                         the granting by the Sanctions Committee of
                                                         exemptions on grounds of humanitarian
                                                         need.


                                             Amendment 7
                                         Article 2, paragraph 3

3. Paragraphs 1 and 2 shall not apply to                 3. Paragraphs 1 and 2 shall not apply to
funds, other financial assets and economic               funds, other financial assets and economic
resources for which the Sanctions                        resources for which the Sanctions
Committee has granted an exemption.                      Committee has granted an exemption or in
Exemptions granted by the Sanctions                      respect of which interim measures have
Committee shall apply throughout the                     been prescibed by the Court of Justice to
Community.                                               ensure respect for the non-derogable
                                                         human rights referred to in Article 4(2) of
                                                         the ICCPR. Exemptions granted by the
                                                         Sanctions Committee shall apply throughout
                                                         the Community.


                                             Amendment 8
                                     Article 4, paragraph 2 a (new)

                                                         2a. Any information that could give rise to
                                                         the granting of an exemption for persons or
                                                         entities listed in Annex I shall be notified to
                                                         the Commission.



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                                              Amendment 9
                                          Article 5, paragraph 3

     3. Any information directly received by the        3. Any information directly received by the
     Commission shall be made available to the          Commission shall be made available to the
     competent authorities of the Member States         competent authorities of the Member States
     concerned, as listed in Annex II.                  concerned, as listed in Annex II, as well as
                                                        to the competent committee of the
                                                        European Parliament in accordance with
                                                        the relevant procedures.


                                             Amendment 10
                                          Article 7, paragraph 2

     2. Without prejudice to the rights and             2. Without prejudice to the rights and
     obligations of the Member States under the         obligations of the Member States under the
     Charter of the United Nations, the                 Charter of the United Nations and relevant
     Commission shall maintain all necessary            international human rights instruments,
     contacts with the Sanctions Committee for          the Commission(1) shall maintain all
     the purpose of the effective implementation        necessary contacts with the Sanctions
     of this Regulation.                                Committee for the purpose of the effective
                                                        implementation of this Regulation including
                                                        informing the Sanctions Committee of
                                                        interim measures prescribed to ensure
                                                        respect for the non-derogable human rights
                                                        and, where appropriate, of requests for the
                                                        addition or deletion from the lists of
                                                        persons and entities, in particular of
                                                        citizens or residents of the European
                                                        Union, and for the granting of exemptions
                                                        by the Sanctions Committee on grounds of
                                                        humanitarian need.
                                                        _____________
                                                        (1) In the common position to be adopted
                                                        by the Council pursuant to Article 15 of the
                                                        EU Treaty, on which the European
                                                        Parliament should in future be consulted, it
                                                        should be clearly stated that "The
                                                        Commission, the Council, and the Member
                                                        States shall in their contacts with the UN
                                                        Security Council and its committees
                                                        support the common positions agreed
                                                        within the Council."


                                              Amendment 11
                                      Article 7, paragraph 2 a (new)

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                                                         2a. The Commission shall regularly inform
                                                         the European Parliament of its contacts
                                                         with the Sanctions Committee and, in
                                                         particular, of cases where a request to
                                                         delete from the list citizens or residents of
                                                         the European Union or to grant an
                                                         exemption is refused.


                                             Amendment 12
                                     Article 7, paragraph 2 b (new)

                                                         2b. The Commission shall also provide to
                                                         the competent committee of the European
                                                         Parliament, in accordance with the relevant
                                                         procedures, the implementation reports
                                                         submitted in accordance with paragraph 10
                                                         of UN Security Council Resolution
                                                         1267(1999).


                                             Amendment 13
                                               Article 9

This Regulation shall apply notwithstanding              Without prejudice to the respect of
any rights conferred or obligations imposed              non-derogable human rights referred to in
by any international agreement signed or any             Article 4(2) of the ICCPR, this Regulation
contract entered into or any licence or permit           shall apply notwithstanding any rights
granted before the entry into force of this              conferred or obligations imposed by any
Regulation.                                              international agreement signed or any
                                                         contract entered into or any licence or permit
                                                         granted before the entry into force of this
                                                         Regulation.


                                            Amendment 14
                                    Article 13, paragraph 1 a (new)

                                                         This Regulation shall expire on the same
                                                         day as UN Security Council Resolutions
                                                         1267(1999) and 1390(2002).




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     P5_TAPROV(2002)0176

     Workers' exposure to asbestos ***I
     Proposal for a European Parliament and Council directive amending Council Directive
     83/477/EEC on the protection of workers from the risks related to exposure to asbestos at
     work (COM(2001) 417 – C5-0347/2001 – 2001/0165(COD))


     The proposal was amended as follows:


           Text proposed by the Commission 1                      Amendments by Parliament



                                              Amendment 1
                                            RECITAL 1 a (new)

                                                        (1a) In view of the Council's Conclusions,
                                                        the Commission should submit proposals to
                                                        amend Directive 83/477/EEC in the light of
                                                        the more detailed research on limits for
                                                        exposure to chrysotile and the methods for
                                                        measuring airborne asbestos (having
                                                        regard to the method adopted by the World
                                                        Health Organisation (WHO)). Similar steps
                                                        should be taken regarding substitute fibres.


                                              Amendment 2
                                            RECITAL 3 a (new)

                                                        (3a) In the light of Directive 83/477/EEC,
                                                        Member States, through the proper official
                                                        authorities and authorities serving the
                                                        public interest, notably civil protection
                                                        services, factories inspectorates, local
                                                        authorities, employers’ organisations in the
                                                        industries most directly concerned, trade
                                                        unions, victims’ associations, and any
                                                        bodies that might wish to intervene, should
                                                        ensure full compliance with European and
                                                        national legislation by every means
                                                        available, to avoid asbestos-related diseases
                                                        claiming further deaths in the future.


     1
          OJ C 304 E, 30.10.2001, p. 179.

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                                            Amendment 3
                                          RECITAL 4 a (new)

                                                         (4a) In view of the exemption period
                                                         applying to the ban on the use of chrysotile,
                                                         the Member States that need to avail
                                                         themselves of the exemption should,
                                                         bearing in mind the socio-economic aspects
                                                         of the industries concerned, encourage the
                                                         use of substitute products in order to
                                                         comply as quickly as possible with the total
                                                         ban on chrysotile for reasons of health
                                                         protection, as laid down in point 6.2. of
                                                         Annex I to Directive 76/769/EEC as
                                                         amended by Directive 1999/77/EC.


                                            Amendment 4
                                          RECITAL 4 b (new)

                                                         (4b) Member States should pay particular
                                                         heed to the rights of workers, not least their
                                                         right to health, after mines or factories
                                                         manufacturing asbestos products have
                                                         closed down.


                                            Amendment 6
                                          RECITAL 5 a (new)

                                                         (5a) It is worrying that the Commission at
                                                         present does not have sufficient human
                                                         resources to meet the needs of technical
                                                         scientific updating, assessment of
                                                         enforcement of legislation and revision
                                                         thereof, and exchange of good practices
                                                         and relevant information among Member
                                                         States, for example in connection with the
                                                         activities of the European Foundation for
                                                         the Improvement of Living and Working
                                                         Conditions and the European Agency for
                                                         Safety and Health at Work.


                                            Amendment 7
                                          RECITAL 6 a (new)


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                                 (6a) In view of the laws obtaining in non-
                                 Community countries, the Commission
                                 should, in conjunction with the amendment
                                 of Directive 83/477/EEC, support the ILO
                                 in seeking the widest possible application
                                 among European Union Member States
                                 and other countries of Convention 162 and
                                 Recommendation 172 and support the IMO
                                 initiative to revise SOLAS regulation IX/1,
                                 with a view to protecting crews and
                                 passengers by laying down specific
                                 operating rules to be observed by teams
                                 carrying out repair work.


                       Amendment 8
                     RECITAL 7 a (new)

                                 (7a) Buildings used by large numbers of
                                 people, such as offices, hospitals, schools,
                                 and the like, sometimes need to be repaired.
                                 Whenever a project supervisor has
                                 ascertained the presence of asbestos, that
                                 fact should be reported to the proper
                                 authorities. The technical specifications of
                                 the work to be carried out on the above
                                 premises should include the measures
                                 required to comply strictly with national
                                 and Community legislation, thus protecting
                                 not only the workers, but also users and
                                 residents.


                       Amendment 9
                     RECITAL 8 a (new)

                                 (8a) As regards the ban on the marketing
                                 and use of asbestos, the Commission and
                                 the Member States should agree on a
                                 common position within the WTO to protect
                                 European Union Member States which
                                 decide to implement the ban before 2005.
                                 In addition, they should inform the public
                                 about current and future mining operations
                                 in the European Union.


                       Amendment 11
                       RECITAL 10

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 (10) The persons responsible for buildings              (10) The persons responsible for buildings
 should be required to identify before the               should be required to identify before the
 start of the asbestos removal project, the              start of the asbestos removal project, the
 presence or presumed presence of asbestos               presence or presumed presence of asbestos
 in buildings or installations and                       in buildings or installations and
 communicate this information to others                  communicate this information to others
 who may be exposed by the use,                          who may be exposed by the use,
 maintenance or other activities in or on the            maintenance or other activities in, on or in
 building.                                               the immediate vicinity of the building.


                                            Amendment 12
                                          RECITAL 12 a (new)

                                                         (12a) Particular attention must be brought
                                                         to bear on compliance with labour law,
                                                         which in this instance is vitally important,
                                                         especially to help combat precarious
                                                         employment and ensure compliance with
                                                         health and safety standards at work.


                                            Amendment 13
                                          RECITAL 16 a (new)

                                                         (16a) The probable admission of new
                                                         Member States from Central and Eastern
                                                         Europe increases the need to deal
                                                         effectively with the problem of exposure to
                                                         asbestos and resultant ill health. Asbestos
                                                         was more widely used in these countries
                                                         than in existing Member States, and can be
                                                         found in high concentrations, having been
                                                         used in the construction of workplaces,
                                                         dwellings, places of entertainment and
                                                         many other facilities, both internally and
                                                         externally, and in many cases demands a
                                                         more systematic programme of removal
                                                         than that laid down for the existing
                                                         Member States.


                                            Amendment 14
                                          RECITAL 17 a (new)

                                                         (17a) In order to avoid unfair competition
                                                         and inequalities in the level of protection
                                                         afforded to workers and others, the
                                                         Commission shall bring forward as soon as

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                                                         is possible, and in any case not later than
                                                         31 December 2003, proposals laying down
                                                         minimum standards with which all national
                                                         registration schemes for firms involved in
                                                         the demolition, maintenance or renovation
                                                         of buildings containing or possibly
                                                         containing asbestos must comply.


                                              Amendment 41
                                          ARTICLE 1, POINT 3
                              Article 3, paragraph 3 (Directive 83/477/EEC)

     (3) In Article 3 paragraph 3 is replaced by         Deleted
     the following:
     "3. Provided that the total exposure time of
     workers does not exceed two hours in any
     seven day period, and it is clear from the
     risk assessment required by paragraph 2
     that the exposure limit for asbestos will not
     be exceeded, Articles 4, 15 and 16 shall not
     apply where work involves:
     (a) asbestos coating, asbestos insulation or
     asbestos panelling, or
     (b) air monitoring, clearance inspection or
     collection of bulk samples to identify
     whether a material is asbestos".


                                                Amendment 16
                                     ARTICLE 1, POINT 4, POINT (a)
                      Article 4, paragraph 2, introductory part (Directive 83/477/EEC)

     2. The notification shall be submitted by the       2. The notification shall be submitted by the
     employer to the responsible authority of the        employer in charge of the project or project
     Member States, in accordance with national          supervisor to the responsible authority of the
     laws, regulations and administrative                Member States, in accordance with national
     provisions. The notification must include at        laws, regulations and administrative
     least a brief description of                        provisions. The notification must include at
                                                         least a brief description of




                                               Amendment 17
                                           ARTICLE 1, POINT 4
                          Article 4, paragraph 2, point (c) (Directive 83/477/EEC)



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(c) the activities and processes involved.               (c) the activities and processes involved
                                                         including measures to prevent asbestos
                                                         pollution outside the location of the work
                                                         site.



                                          Amendment 18
                                      ARTICLE 1, POINT 4
                 Article 4, paragraph 2, point (d a) (new) (Directive 83/477/EEC)

                                                         (da) the undertaking and the worker(s) or
                                                         the entity contracted to carry out activities
                                                         involving asbestos.



                                            Amendment 19
                                        ARTICLE 1, POINT 5
                              Article 6, point 2 (Directive 83/477/EEC)

2. Work processes must, in principle, be so              2. Work processes must be so designed as to
designed as to avoid the release of asbestos             prevent the release of asbestos dust in the
dust into the air.                                       air inside and in the environment of the
                                                         workplace.



                                           Amendment 20
                                      ARTICLE 1, POINT 6
                  Article 7, paragraph 6, subparagraph 1 (Directive 83/477/EEC)

6. Fibre counting shall be carried out                   6. Fibre counting shall be carried out by
wherever possible by PCM (phase contrast                 PCM (phase contrast microscope) in
microscope) in accordance with the 1997                  accordance with the 1997 WHO (World
WHO (World Health Organisation)                          Health Organisation) recommended method,
recommended method.                                      although this shall not preclude the use of
                                                         other more rigorous methods, in particular
                                                         the SEM-EDX (Scanning Electron
                                                         Microscopy – Energy Dispersive X-ray
                                                         Analyser) method.


                                        Amendments 21 and 42
                                   Article 8 (Directive 83/477/EEC)

 Employers shall ensure that no worker is                Employers shall ensure that no worker is
 exposed to an airborne concentration of                 exposed to an airborne concentration of
 asbestos in excess of 0.1 fibres per cm3 as             asbestos in excess of:

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      an 8-hour time-weighted average (TWA).           asbestos in excess of:
                                                       (a) 0.1 fibres per cm3 as a 4-hour time-
                                                       weighted average (TWA),
                                                       (b) 0.05 fibres per cm3 as an 8-hour time-
                                                       weighted average (TWA) in the case of:
                                                       - demolition work,
                                                       - removal work,
                                                       - repair work,
                                                       - maintenance work,
                                                       with the exception of asbestos cement.


                                            Amendment 22
                                   ARTICLE 1, POINT 9, POINT (b)
                            Article 10, paragraph 3 (Directive 83/477/EEC)

     3. Where exposure cannot be reduced by            3. Where exposure cannot be reduced by
     other means and where the limit values of         other means and where the limit values of
     individual respiratory protective equipment       individual respiratory protective equipment
     proves necessary, this may not be permanent       proves necessary, this may not be permanent
     and shall be kept to the strict minimum           and shall be kept to the strict minimum
     necessary for each worker.                        necessary for each worker. During periods
                                                       of work which require the use of individual
                                                       breathing equipment, provision shall be
                                                       made for breaks appropriate to the physical
                                                       and climatological conditions, in
                                                       consultation with the workers and/or their
                                                       representatives.


                                              Amendment 23
                                         ARTICLE 1, POINT 10
                          Article 10a, first paragraph (Directive 83/477/EEC)

     Before beginning demolition or maintenance        Before beginning demolition or maintenance
     work, employers in control of workplace           work, employers in control of workplace
     premises shall take, if appropriate by            premises shall take, if appropriate by
     obtaining information from owners, all            obtaining information from owners, local
     necessary steps to identify presumed              authorities, civil protection services, and
     asbestos-containing materials.                    other authorities, bodies or individuals and
                                                       in general from anyone who can provide,
                                                       add to or upgrade such information, all
                                                       necessary steps and tests to identify
                                                       presumed asbestos-containing materials.




     12 /PE 316.566                                \\epades\adoptes\adoptes_provisoi\02-04\02-04-11en.doc


EN
                                          Amendment 24
                                       ARTICLE 1, POINT 10
                       Article 10a, second paragraph (Directive 83/477/EEC)

If there is any doubt about the presence of              Where the complete absence of asbestos
asbestos in a material or construction, the              cannot be guaranteed, work shall be
regulations and procedures of asbestos                   conducted according to the regulations and
removal work shall be followed.                          procedures to be followed when asbestos is
                                                         present.


                                           Amendment 25
                                      ARTICLE 1, POINT 11
                 Article 11, paragraph 1, introductory part (Directive 83/477/EEC)

1. In the case of certain activities such as             1. In the case of certain activities such as
demolition or removal in respect of which it             demolition, removal, repairing, and
is foreseeable that the limit value set out in           maintenance in respect of which it is
Article 8 will be exceeded despite the use of            foreseeable that the limits for exposure set
technical preventive measures for limiting               out in Article 8(b) will be exceeded despite
asbestos in air concentrations, the employer             the use of technical preventive measures for
shall determine the measures intended to                 limiting asbestos in air concentrations, the
ensure protection of the workers while they              employer responsible for carrying out the
are engaged in such activities, in particular            work or subcontracting undertaking shall
the following:                                           determine the measures intended to ensure
                                                         protection of the workers while they are
                                                         engaged in such activities, in particular the
                                                         following:


                                          Amendment 26
                                      ARTICLE 1, POINT 11
                     Article 11, paragraph 1, point (a) (Directive 83/477/EEC)

 (a) workers shall be issued with suitable               (a) workers shall be issued with suitable
 respiratory and other personal protective               respiratory and other personal protective
 equipment, which must be worn; and                      equipment, which must be worn, and
                                                         which the employer must ensure is worn;
                                                         and


                                          Amendment 27
                                      ARTICLE 1, POINT 11
                     Article 11, paragraph 1, point (c) (Directive 83/477/EEC)

 (c) the spread of dust arising from asbestos            (c) the spread of dust arising from asbestos
 or materials containing asbestos outside the            or materials containing asbestos outside the
 premises/site of action shall be prevented.             premises/site of action shall be prevented.
                                                         Warning signs shall be displayed for the

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                                                                                                         EN
                                                          information of any members of the public
                                                          who may have cause to be in the vicinity.


                                             Amendment 28
                                         ARTICLE 1, POINT 12
            Article 12, paragraph 2, subparagraph 2, indent 1 a (new) (Directive 83/477/EEC)

                                                          - where the complete absence of asbestos
                                                          cannot be guaranteed, work shall be
                                                          conducted according to the regulations and
                                                          procedures to be followed when asbestos is
                                                          present


                                              Amendment 30
                                          ARTICLE 1, POINT 13
                          Article 12a, paragraph 1a (new) (Directive 83/477/EEC)

                                                          1a. The public bodies responsible for civil
                                                          protection and health and safety at work
                                                          shall provide information and training for
                                                          SMUs and self-employed persons, the costs
                                                          of which shall be financed in accordance
                                                          with the legislation of each Member State.


                                             Amendment 31
                                         ARTICLE 1, POINT 13
                        Article 12a, paragraph 2, point (a) (Directive 83/477/EEC)

     (a) the properties of asbestos and its effects       (a) the specific risks associated with each
     on health including the synergistic effect of        type of asbestos and the consequences for
     smoking,                                             the health of individual workers and
                                                          outsiders, including the possible side-
                                                          effects of smoking or of other noxious and
                                                          similarly harmful substances present within
                                                          the workplace,


                                              Amendment 32
                                          ARTICLE 1, POINT 13
                         Article 12a, paragraph 2, point (i) (Directive 83/447/EEC)

     (i) medical examination requirements.                (i) medical examination requirements,
                                                          including the frequency of the
                                                          examinations.



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EN
                                            Amendment 33
                                        ARTICLE 1, POINT 14
                                  Article 12b (Directive 83/447/EEC)

 In order to carry out asbestos demolition or            In order to carry out asbestos demolition or
 removal work, firms must provide                        removal work, firms must provide
 evidence of their ability in this field.'               evidence of their ability in this field. Each
                                                         Member State shall establish a national
                                                         register of suitable, competent
                                                         enterprises.'


                                            Amendment 34
                                   ARTICLE 1, POINT 15 a (new)
                              Article 15, point 3 (Directive 83/447/EEC)

                                                         15a. Article 15(3) is replaced by the
                                                         following:
                                                         "3. Information and advice must be given
                                                         to workers regarding any assessment of
                                                         their health which they may undergo
                                                         following the end of exposure.
                                                         The approved medical practitioner or
                                                         approved occupational health services may
                                                         indicate the need for medical surveillance
                                                         to continue after cessation of work for as
                                                         long as they consider it necessary to
                                                         safeguard the health of the person
                                                         concerned.
                                                         Such continuing supervision shall be
                                                         carried out in accordance with the laws and
                                                         practices of the individual Member States."


                                            Amendment 35
                                   ARTICLE 1, POINT 17 a (new)
                              Article 16 a (new) (Directive 83/477/EEC)

                                                         17a. The following article shall be inserted:
                                                                         "Article 16 a
                                                         Member States shall introduce adequate
                                                         and dissuasive sanctions against breaches
                                                         of the national legislation adopted pursuant
                                                         to this Directive."



\\epades\adoptes\adoptes_provisoi\02-04\02-04-11en.doc                                   PE 316.566\ 15


                                                                                                          EN
                                    Amendment 36
                           ARTICLE 1, POINT 17 b (new)
                      Article 16 b (new) (Directive 83/477/EEC)

                                              17b. The following article shall be inserted:
                                                                "Article 16 b
                                              Member States shall set up a national
                                              registry of public buildings and of
                                              industrial and commercial buildings and
                                              sites containing asbestos."


                                   Amendment 37
                          ARTICLE 1, POINT 17 c (new)
                         Article 17 (Directive 83/477/EEC)

                                              17c. Article 17 is replaced by the following:
                                                                 "Article 17
                                              Member States shall keep a register of
                                              recognised cases of asbestosis,
                                              mesothelioma and other asbestos-related
                                              cancers. This register shall be
                                              comprehensive, thorough and kept up-to-
                                              date. The register shall form part of a
                                              national health monitoring system for
                                              persons who may have been exposed to
                                              asbestos."


                                   Amendment 38
                         ARTICLE 1, POINT 18 a (new)
                      Annex II, point 1 (Directive 83/477/EEC)

                                              18a. Point 1 of Annex II is replaced by the
                                              following:
                                              "1. Current knowledge indicates that
                                              exposure to free asbestos fibres can give
                                              rise inter alia to the following diseases:
                                              - asbestosis,
                                              - mesothelioma,
                                              - bronchial carcinoma,
                                              - gastro-intestinal carcinoma.
                                              In addition, any pathology caused by
                                              occupational exposure to asbestos should
                                              be considered an occupational disease.

     16 /PE 316.566                       \\epades\adoptes\adoptes_provisoi\02-04\02-04-11en.doc


EN
                                                         Where there is doubt, the burden of proof
                                                         shall lie with the employer."


                                           Amendment 40
                                  ARTICLE 1, POINT 19 a (new)
                          Annex II, point 3 a (new) (Directive 83/477/EEC)

                                                         3a. Diagnostic criteria shall in principle be
                                                         common and should be agreed at
                                                         Community level. The Commission shall,
                                                         after consultation with the Member States
                                                         and interested parties, to come forward as
                                                         soon as possible, and in any case by 31
                                                         December 2003 with a proposal for
                                                         common diagnostic criteria.




\\epades\adoptes\adoptes_provisoi\02-04\02-04-11en.doc                                  PE 316.566\ 17


                                                                                                         EN
     European Parliament legislative resolution on the proposal for a directive of the European
     Parliament and of the Council amending Council Directive 83/477/EEC on the protection
     of workers from the risks related to exposure to asbestos at work (COM(2001) 417 –
     C5-0347/2001 – 2001/0165(COD))

     (Codecision procedure: first reading)

     The European Parliament,

     –     having regard to the Commission proposal to the European Parliament and the Council
           (COM(2001) 4171),

     –     having regard to Article 251(2) of the EC Treaty and Article 137(2) of the EC Treaty,
           pursuant to which the Commission submitted the proposal to Parliament (C5-0347/2001),

     –     having regard to Rule 67 of its Rules of Procedure,

     –     having regard to the report of the Committee on Employment and Social Affairs and the
           opinion of the Committee on the Environment, Public Health and Consumer Policy
           (A5-0091/2002),

     1.    Approves the Commission proposal as amended;

     2.    Asks to be consulted again should the Commission intend to amend the proposal
           substantially or replace it with another text;

     3.    Instructs its President to forward its position to the Council and Commission.




     1
          OJ C 304 E, 30.10.2001, p. 179.

     18 /PE 316.566                                  \\epades\adoptes\adoptes_provisoi\02-04\02-04-11en.doc


EN
P5_TAPROV(2002)0177

COM in ethyl alcohol of agricultural origin *
Proposal for a Council regulation on the common organisation of the market in ethyl
alcohol of agricultural origin (COM(2000) 101 – C5-0095/2001 – 2001/0055(CNS))

(Consultation procedure)

The proposal was rejected1.




1
      The matter was then referred back to committee pursuant to Rule 68(3).

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                                                                                                EN
     P5_TAPROV(2002)0178

     Preparation of Euro-Mediterranean Foreign Ministers' meeting in Valencia,
     22/23 April 2002
     European Parliament resolution on the Commission communication to the Council and
     the European Parliament to prepare the meeting of Euro-Mediterranean Foreign
     Ministers, Valencia, 22-23 April 2002 (SEC(2002) 159 – C5-0128/2002– 2002/2057(COS))


     The European Parliament,

     –     having regard to the Commission communication to the Council and the European
           Parliament (SEC(2002) 159 – C5-0128/2002),

     –     having regard to Articles 11 to 18, 21, 23, 27 and 28 of the Treaty,

     –     having regard to the Barcelona Declaration and the work programme of 28 November
           1995 adopted at the Barcelona Conference,

     –     having regard to the conclusions of the Malta Conference of 15 and 16 April 1997, the
           Palermo Conference of 3 and 4 June 1998, the Stuttgart Conference of 15 and 16 April
           1999, the Marseilles Conference of 16 and 17 November 2000 and the Brussels
           Conference of 5 and 6 November 2001 and the conclusions of the Civil Forums held in
           Malta, Naples, Stuttgart, Marseilles and Brussels,

     –     having regard to the Common Strategy of the European Union on the Mediterranean
           region, as laid down by the Feira European Council on 19 June 2000, and its resolution of
           1 February 20011 on the matter,

     –     having regard to the final declarations of the first, second and third Euro-Mediterranean
           Parliamentary Forums, held in Brussels on 27 and 28 October 1998, 8 and 9 February
           2001 and 8 November 2001 respectively,

     –     having regard to its previous resolutions of 11 October 1995 on the Mediterranean policy
           of the European Union with a view to the Barcelona Conference (COM(94) 427 - C4-
           0213/94 and COM(95) 72- C4-119/95)2 and 14 December 1995 on the Euro-
           Mediterranean Conference in Barcelona3, 13 March 1997 on the joint report by the
           Presidency of the Council and the Commission on Mediterranean policy - follow-up to
           the Barcelona Conference (7987/96 - C4-0414/96)4 and, in particular, its resolution of 1
           February 2001 on the communication from the Commission to the Council and the
           European Parliament to prepare the fourth meeting of Euro-Mediterranean foreign



     1
          OJ C 267, 21.9.2001, p. 60.
     2
          OJ C 287, 30.10.1995, p. 121.
     3
          OJ C 17, 22.1.1996, p. 178.
     4
          OJ C 115, 14.4.1997, p. 159.

     20 /PE 316.566                                   \\epades\adoptes\adoptes_provisoi\02-04\02-04-11en.doc


EN
      ministers "reinvigorating the Barcelona Process" (COM (2000) 497 - C5-0630/2002 -
      2000/2294(COS))1,

–     having regard to its resolution of 14 May 1998 on Euro-Mediterranean Agreements2, its
      recommendation to the Council of 11 March 1999 on the European Union's
      Mediterranean policy3 and its resolutions of 30 March 2000 on Mediterranean policy4 and
      15 November 2000 on EU Mediterranean policy in the run-up to the fourth meeting of
      Euro-Mediterranean Ministers for Foreign Affairs in Marseille5,

–     having regard to, in particular, its resolutions of 11 March 1999 on the Commission
      communication: 'The role of the European Union in the peace process and its future
      assistance to the Middle East' (COM(97) 715 - C4-0114/98)6 of 20 January 2000 on the
      Middle East peace process7 of 5 October 20008, 17 May 20019 and 7 February 200210 on
      the situation in the Middle East, and its recommendation to the Council of 13 December
      2001 on the crisis in the Middle East and the role of the European Union in the region11,

–     having regard to the declaration on the Middle East adopted by the European Council in
      Barcelona on 16 March 2002, and United Nations Security Council resolutions 1397 and
      1402, adopted on 12 March 2002 and 30 March 2002 respectively,

–     having regard to Rule 47(1) of its Rules of Procedure,

–     having regard to the report of the Committee on Foreign Affairs, Human Rights, Common
      Security and Defence Policy (A5-0087/2002),

A.    whereas the extraordinary changes and events of recent times, both in the international
      sphere and within the European Union, make it more necessary than ever to deepen and
      strengthen Euro-Mediterranean relations by reinforcing with action the statements of
      political will set out in the Barcelona Declaration of 1995,

B.    whereas the terrible events of 11 September 2001 in the United States have tragically
      illustrated the crucial importance of dialogue and cooperation in the world and, in the case
      of the European Union, particularly with the Mediterranean region,

C.    whereas the stepping-up of relations between the Union and its Mediterranean partners is
      particularly necessary in the light of the launch of the euro on 1 January 2002, the
      opening of negotiations on the most crucial chapters for the enlargement of the Union and
      the beginning of the work of the Convention on the future of Europe,

1
      OJ C 267, 21.9.2001, p. 68.
2
      OJ C 167, 1.6.1998, p. 196.
3
      OJ C 175, 21.6.1999, p. 286.
4
      OJ C 378, 29.12.2000, p. 71.
5
      OJ C 223, 8.8.2001, p. 147.
6
      OJ C 175, 21.6.1999, p.282.
7
      OJ C 304, 24.10.2000, p. 202.
8
      OJ C 178, 22.6.2001, p.283.
9
      OJ C 34 E, 7.2.2002, p. 356.
10
      P5_TA(2002) 0054.
11
      Texts Adopted, Item 7.

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                                                                                                     EN
     D.    whereas the strategic dimension of the Barcelona Process today represents the most
           important and crucial instrument for dialogue and cooperation between the European
           Union and its Mediterranean partners and whereas the relaunch of this process would
           represent a vital contribution to the Middle East peace process,

     E.    whereas strengthening the Barcelona Process will require in particular the establishment
           of much more effective instruments in the fields of security, finance and social questions,

     F.    whereas the signing of the Association Agreement with Egypt on 21 September 2001 and
           the initialling of agreements with Algeria on 19 December 2001 and Lebanon on
           10 January 2002 represent decisive steps in the process of creating a free trade area
           between the EU and its Mediterranean partners,

     G.    whereas the Barcelona Process must not under any circumstances remain the preserve of
           political or economic elites in the region, but must embrace and promote Mediterranean
           society as a whole,

     H.    whereas the Euro-Mediterranean partnership is one of the top priorities of EU policies,
           with the aim of creating an area of shared prosperity and of setting up effective long-term
           action on conflict prevention,

     I.    whereas cooperation between the Mediterranean countries and their European neighbours
           is necessary,

     1.    Welcomes the Commission communication and its approach, putting forward in a
           practical and appropriate manner various concrete recommendations to give a renewed
           impetus to the Barcelona Process, although more concrete details and imaginative
           proposals could still be included, with special attention being given to the various
           subregional situations, to reinforce the political will of all the Mediterranean partners in
           favour of the Process and the joint programmes and projects;

     2.    Unreservedly supports the launch, proposed by the Commission, of an Action Plan at the
           Euro-Mediterranean Ministerial Conference to be held in Valencia on 22 and 23 April
           2002; considers that the Plan should include all the new initiatives necessary to stimulate
           the three fundamental objectives of the Barcelona Process, and should constitute the key
           political commitment of the conference;

     3.    Considers that, when deciding on this plan, the Conference should take particular account
           of the proposals made by the Commission and the Mediterranean partners, the outcome of
           the final declarations of the three Euro-Mediterranean parliamentary forums which have
           been held, and the proposals put forward in this resolution;

     In support of reinforced political dialogue and Euro-Mediterranean political and security
     cooperation

     4.    Proposes a reinforced Euro-Mediterranean political dialogue, on subjects which should
           include the new ESDP, in the context of mutual security; conflict prevention; the threat of
           terrorism; the promotion of democracy, human rights and the rule of law; governance; the
           fight against poverty; environmental and sustainable development issues; maritime

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EN
      transport safety; immigration and justice issues and the fight against drug-trafficking,
      terrorism, arms-trafficking and all other forms of organised crime;

5.    Reiterates that it is vital for the Barcelona Process to ensure strict compliance with human
      rights, individual freedoms and democratic principles as fundamental factors in
      establishing an area of peace, stability and sustainable economic development in the
      Mediterranean basin;

6.    Calls on the Mediterranean partners to respect and comply with the principles and
      commitments underlying the Union’s human rights policy, with particular reference to the
      provisions contained in the 'democracy clauses' included in all Euro-Mediterranean
      association agreements, and calls on the Commission to spell out the implementing
      measures needed to ensure that these clauses are fully effective; calls also on the Member
      States to ensure that these principles are observed in their relations with the associated
      countries;

7.    Deplores the serious violations of human rights observed in various Barcelona Process
      partners with regard, in particular, to those countries where the human rights situation has
      worsened after the signing of the relevant association agreement, and urges all
      governments and authorities in the region to take the measures necessary to guarantee full
      and unconditional respect for human rights;

8.    Welcomes the recent progress in the field of international relations made by Libya and the
      willingness it has shown in the fight against terrorism; hopes that relations between the
      Union and Libya can develop without further obstacles in the context of the Barcelona
      Process and, in particular, in the framework of EU/UMA relations; reaffirms the desire of
      the Euro-Mediterranean parliaments for the obstacles linked to the embargo to be
      removed, in accordance with the United Nations resolutions;

9.    Reiterates also the request that Mauritania should take part in the Barcelona Process
      political dialogue as a full member;

The Barcelona Process and cooperation in a common front against terrorism

10.   Calls on all the Euro-Mediterranean partners to give unconditional backing to the
      convening of an International Conference on Terrorism under the auspices of the United
      Nations, and to adopt a joint approach to the drafting of a general convention on
      terrorism;

11.   Calls on all Mediterranean partners which have not yet done so to sign, ratify and comply
      strictly with all international treaties in force on measures to combat terrorism;

12.   Supports, on the basis of United Nations Security Council Resolutions 1368 and 1373
      (2001), the decision by the states participating in the Barcelona Process to pursue and
      bring to justice those who perpetrate, plan and sponsor terrorist acts; urges the associated
      states to conclude the necessary agreements on extradition and to sign, ratify and apply
      the Rome Statute establishing the international criminal court as soon as possible;




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                                                                                                      EN
     13.   Proposes that a Euro-Mediterranean contact network should be established, to facilitate
           the exchange of information and cooperation in the fight against terrorism, and proposes
           that a common Code of Conduct should be drafted for the fight against this scourge;

     14.   Reaffirms that the fight against international terrorism should not be based only on
           military action but should use all available diplomatic and political instruments;

     15.   Supports the endeavours of the various partner countries to combat terrorism at home, but
           considers it necessary for a broad social consensus to be secured, primarily by extending
           democracy and meeting social needs, e.g. through measures to combat unemployment;

     In support of reinforced economic and financial cooperation and the establishment of a
     Euro-Mediterranean free trade area

     16.   Reiterates its support for the establishment of a free trade area by 2010 that would entail
           the creation of a genuine ‘common market’ and would cover all goods, capital and
           services, and proposes in particular that a regulatory framework and a timetable for
           harmonisation measures in certain priority sectors, including services, should be
           established in Valencia;

     17.   Takes note of the signature of the Association Agreement with Egypt, the recent
           initialling of the Association Agreement with Algeria and Lebanon and the continuation
           of negotiations for an association agreement with Syria;

     18.   Believes that assessments need to be made in order to gauge the economic, social, and
           environmental impact of the economic measures to be implemented in connection with
           the free trade area;

     19.   Repeats its request that in due course the bilateral association agreements, which
           represent decisive steps in the process of establishing a free trade area between the
           European Union and its Mediterranean partners, should be replaced by a single
           multilateral agreement;

     20.   Expresses its firm support for the Agadir Declaration and strongly backs the creation of a
           free trade area between Egypt, Jordan, Morocco and Tunisia within the framework of the
           Agadir process; urges these countries to conclude an agreement to this effect during the
           first half of 2002, in order to help give a real boost to South-South trade as quickly as
           possible, thereby acknowledging the importance which a substantial increase in trade
           would have for the interests of the Mediterranean partners;

     21.   Is in favour of developing cooperation in the field of public services (transport, energy,
           telecommunications, education, health) that would boost the economic development of
           the Mediterranean countries and meet the needs of their peoples;

     22.   Urges other Mediterranean partners not currently part of the Agadir process to join that
           process as soon as possible and to accept the philosophy which inspired its founder
           members and the acquis it has built up;

     23.   Commends the recent technical decisions adopted in the field of trade on rules of origin
           and calls on all the Mediterranean partners to pursue their efforts in the field of

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EN
      environmental, health and plant health harmonisation in order to secure the establishment
      of a genuine internal Euro-Mediterranean market;

24.   Reiterates the need to give priority to supporting private investment, since this is a crucial
      factor in the success of the Barcelona Process and reciprocal economic development; with
      this in view, stresses the importance of training, developing infrastructure networks, the
      cost of labour and the internal market dimension for the partner countries;

25.   Deplores therefore the inadequacy of direct foreign and local investment in the area and
      calls on the partner states and relevant institutions to increase investment rapidly and
      substantially;

26.   Stresses that it is absolutely vital to carry through all the economic, legal and
      administrative reforms needed to create a favourable framework for private investment in
      all the Mediterranean partner countries;

27.   Proposes in particular that cooperation in the process of economic integration be
      enhanced by introducing a network of national agencies responsible for promoting
      investment in the Euro-Mediterranean countries, with a view to substantially
      strengthening private external investment in the countries of the Barcelona Process;

28.   Considers it absolutely essential, to that end, to be successful in combating corruption and
      excessive bureaucracy;

29.   Regrets the incongruent situation whereby borders are closed between certain
      Mediterranean partners, since this is against the spirit of the Barcelona Process, which is
      seeking to establish a genuine free-trade area; stresses that the MEDA programmes
      should encourage initiatives to promote structural reforms in the economies of the
      Mediterranean partner countries, with the aim of making these economies more
      complementary and encouraging trade in agriculture and energy in particular; regrets that
      South/South trade is so limited;

30.   Supports also the Commission’s proposal to strengthen the dialogue on economic policy
      among the partners, at bilateral and multilateral level, and to enter into much greater
      detail, particularly as regards growth and employment; in any event, the social partners
      (employers and trade unions) should take part in this dialogue; calls on the Council and
      Member States to propose relevant measures in international bodies to reduce and convert
      the external debt of the Mediterranean partner countries;

31.   Considers that the proposals by the European Council in Barcelona of 15 and 16 March
      2002 and the decision of the ECOFIN Council do not run counter to the prospect of
      setting up a Euro-Mediterranean development bank at a later stage; considers the decision
      to introduce an enhanced Euro-Mediterranean investment mechanism within the EIB and
      set up an EIB office in the region to be an initial positive step in this direction capable of
      encouraging investment flows in the near future; takes the view that Parliament should
      give its opinion on this matter; with this in view, calls on the Commission to submit a
      new specific communication at an early date covering financial needs, existing financing
      flows, and the most appropriate institutional financial machinery;



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                                                                                                       EN
     32.   Calls again for Euro-Mediterranean cooperation to be brought into line with the needs of
           the environment and sustainable development and calls on the partner countries to adopt
           the measures necessary with regard to integrated management of water resources, waste
           disposal, critical points (polluted areas and biodiversity risks), integrated management of
           coastal areas and measures to combat desertification, making use of the European Union’s
           practical know-how and extensive experience;

     33.   Considers that micro-businesses and SME have a vital role to play in strengthening the
           Euro-Mediterranean industrial cooperation and therefore calls for the introduction of
           specific programmes of technical and financial assistance for both these sectors and for
           programmes geared to vocational training to be stepped up;

     34.   Supports the Commission’s proposals to launch regional infrastructure strategies
           including, where necessary, interconnections with the trans-European networks and to
           contribute to their funding from bodies such as the EIB and the World Bank, as well as
           through private sector participation; calls on the Commission, when implementing the
           strategies, to pay heed to the need for proper regional planning and improved use of
           existing resources in each of the partner countries, including energy resources;

     35.   Reiterates the need to consider carefully the possibilities for increased and mutually
           beneficial liberalisation of trade in agricultural products, involving a strategy taking into
           account the complementary nature of Mediterranean agriculture, and to introduce a Euro-
           Mediterranean agricultural policy; this policy should take into account both the impact of
           agricultural liberalisation on certain Mediterranean regions geographically close to the
           EU and the social and environmental dimensions of agriculture;

     36.   Calls for the swift and effective implementation of the Euro-Mediterranean regional
           programme for local water management which, with funding from MEDA, should
           significantly improve the management of existing drinking water resources, sanitary
           infrastructures, measures to combat drought and irrigation management;

     37.   Calls in addition for the promotion of the role of women in economic development and
           support for women’s organisations, associations, undertakings and networks in the
           countries of the region; supports the regional programmes drawn up by the Commission
           to promote equal opportunities for women, helping them to participate in economic life
           and, in this connection, supports the drawing-up of action plans in each country; stresses
           the importance of recognising and respecting women’s rights, particularly the ‘personal
           statute’, so as to secure ongoing democratisation of the Mediterranean partner countries
           and calls for reforms to be introduced to this end;

     38.   Stresses the key role played by civil associations; urges the Commission, in this
           connection, to find ways of developing and consolidating them with regard, in particular,
           to the setting up of independent local NGOs;

     39.   Calls again on the Council and Commission to promote a regional programme for a Euro-
           Mediterranean social area taking into account employment and the labour market,
           training, social rights and migratory processes;

     In support of intercultural dialogue and genuine Euro-Mediterranean cooperation on social,
     cultural and human activities

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40.   Reaffirms its commitment to helping to strengthen all arrangements for intercultural
      dialogue and to promote inter-religious dialogue between the partner countries to enable
      the Euro-Mediterranean peoples to consolidate the mutual respect, understanding and
      tolerance which they feel;

41.   Endorses the Presidency’s proposal to launch a framework programme for dialogue
      between cultures and civilisations, with particular reference to the spheres of education,
      youth and the media;

42.   Firmly endorses the Commission’s proposal to create a Euro-Mediterranean Foundation
      to promote dialogue between cultures and civilisations, and the funding envisaged of
      EUR 1 million from each Member State and the Commission, together with voluntary
      contributions from each Mediterranean partner and calls on the Commission to draw up a
      firm proposal to put this idea into practice;

43.   Expresses its support for the regional programmes under way in the culture, audiovisual
      and youth fields in the context of a spirit of cultural identity; expresses in particular its
      firm support for the Euromed Heritage II and Euromed Audiovisual II programmes;

44.   Calls for the implementation of policies for vocational training, universities, technology
      and education, the definition of local and regional development programmes, and the
      promotion of programmes to further equal opportunities and health and safety at work;

45.   Calls for all existing European Union programmes for schools, universities, vocational
      training, cultural heritage, the information society and new technologies, communications
      media, research and development, the environment and small and medium-sized
      businesses, to be extended to the Mediterranean partner countries;

46.   Stresses once again the need to launch a wide-ranging debate between the Commission,
      the Council, the public authorities of the fifteen Member States, Parliament and
      representative associations, in order to identify legal methods and tools to introduce
      harmonised legislation in all Member States on migration flow organisation;

47.   Proposes once again that the object of the debate on the regulation of migration (including
      measures to combat illegal immigration and the gangs that profit from it) should be to
      enable migration to be jointly managed, to lay down policies on temporary migration, to
      introduce a special travel visa for businessmen and women, academics, researchers,
      students, journalists, or trade-unionists, involved in the Euro-Mediterranean partnership,
      to harness immigration to assist development in countries of origin (aid for migrants’
      projects in their countries of origin), and to introduce an explicit integration policy in host
      countries in relation to legally established immigrants;

48.   Proposes that a Euro-Mediterranean contact network be set up to pave the way for
      exchanges of information and cooperation on immigration;

49.   Calls for a regional programme in the justice and home affairs sphere to be signed in the
      near future; the programme ought to give special consideration to judicial cooperation and
      the fight against terrorism and organised crime;


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                                                                                                        EN
     50.   Reiterates that this programme should pay special attention to cooperation in the fight
           against illegal immigration and trafficking in human beings, so as to obtain a better
           understanding of the ties between economic and commercial globalisation and migration
           and establish co-development strategies;

     51.   Calls on the Commission to launch a study, in which the Parliament should be involved,
           on consolidation of democracy in the Euro-Mediterranean area with a view to
           strengthening the strategy and the means designed to enable civil society to participate in
           the partnership;

     52.   Firmly supports stronger Euro-Mediterranean cooperation on the information society and
           calls for specific measures to adapt and develop telecommunications infrastructures and
           services, research and development in this field and human resources training and
           specialisation;

     53.   Proposes that the Euroscola programme be extended to young people from all the
           Barcelona process countries through the organisation of two annual days (in Strasbourg
           and in a Mediterranean third country);

     54.   Stresses the need to improve customs cooperation throughout the Euro-Mediterranean
           territory, particularly as regards vocational training, simplification of customs procedures
           and measures to combat fraud;

     Concerning the funding of the enhanced Barcelona Process and the MEDA programme

     55.   Continues to believe that it is vital for the MEDA programme to be better managed and
           for financial aid cooperation to be much more decentralised, with the objective of making
           progress in the areas of human rights and democratisation, sound management of public
           affairs, the primacy of law and sustainable development;

     56.   Considers therefore that, despite the considerable progress made, the efforts successfully
           launched by the Commission in recent times to make the MEDA programme less
           bureaucratic with regard to project management must be resolutely pursued; stresses its
           total support for funding the regional dimension of the partnership and calls for a
           redistribution of the funds provided under the MEDA programme in order to boost this
           dimension;

     57.   Also urges the Mediterranean partners to make the necessary efforts in all areas so as to
           be able to absorb and properly benefit from the assistance provided under the various
           existing programmes;

     58.   Points out, in this respect, the need to readjust MEDA Democracy programmes in order to
           make them more flexible and available for small-scale projects, with a view to raising
           public awareness of the Barcelona Process;

     59.   Calls on the Mediterranean partners to make full use of the investment opportunities
           offered by the EIB, and supports the Commission’s proposal to establish a new
           programme within MEDA to provide risk capital facilities in the investment sector;

     The Barcelona Process as a key supporting measure in resolving the Middle East conflict

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60.   Acknowledges that a solution to the conflict in the Middle East is a fundamental
      condition for achieving peace and stability in the Mediterranean region; agrees
      nonetheless with the Spanish Presidency that the complementary nature of both processes
      must not be allowed to translate in reality into a weakening in the Barcelona Process;

61.   Considers it vital for all the Mediterranean partners and the European Union in particular
      to be more closely involved in efforts to find solutions to the conflict in the Middle East,
      bearing in mind the great potential of the Barcelona Process as a special instrument for
      dialogue and cooperation between the Union and the countries of the southern and eastern
      Mediterranean;

62.   Calls therefore for all political, economic, cultural and social cooperation instruments
      under the Barcelona Process to be used in a clear and committed manner to further the
      Middle East peace process, with a much clearer emphasis on supporting the populations
      and the peace policies of the governments of the countries involved in the conflict than
      has hitherto been the case;

63.   Reiterates its call for a prompt and unconditional resumption of the negotiations between
      the Israelis and the Palestinians based on all the presidency conclusions of the Euro-
      Mediterranean meeting of foreign ministers held on 5 and 6 November 2001 in Brussels
      and the principles and proposals set out in its abovementioned recommendation to the
      Council of 13 December 2001 and in its abovementioned resolution of 7 February 2002;

64.   Reiterates also its firm belief that Israel needs the Palestine National Authority and its
      President, Yasser Arafat, as partners in the negotiations to eradicate terrorism and move
      towards peace, and that the Barcelona Process can be a useful instrument in bringing the
      parties to the conflict closer together;

Some institutional proposals to reinforce the Barcelona Process

65.   Proposes an annual summit of heads of state and government of the countries
      participating in the Barcelona Process, as a forum for debate and political impetus at the
      highest level;

66.   Proposes the establishment of a Euro-Mediterranean Parliamentary Assembly, which
      could operate in plenary assembly and in Joint Parliamentary Committees, one of which
      should be given responsibility inter alia for immigration and another for democracy and
      human rights; believes that both the plenary and the abovementioned committees should
      meet at least once a year and should monitor closely the application of the association
      agreements;

67.   Is examining the possibility of involving representatives of the parliaments of the Balkan
      countries as far as possible in the parliamentary dialogue, with a view to the future
      enlargement of the Union and bearing in mind that this will complement the Barcelona
      Process;

68.   Emphasises the fundamental role which the regions ought to play, with special treatment
      for the islands, regions, cities and local bodies of the Mediterranean states, both in the


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                                                                                                     EN
           cross-border cooperation sphere, with appropriation coordination of MEDA Interreg, and
           in relation to decision-taking within the Barcelona Process;

     69.   Proposes that a Euro-Mediterranean regional MEDA-LOCUS programme should be
           launched, to encourage cooperation at all levels between administrations, local bodies and
           civil society in the Euro-Mediterranean area in line with the proposals put forward in the
           Euromed Pact signed at the meeting of the Euro-Mediterranean group on Eurocities held
           in Barcelona on 22 February 2002;

     70.   Supports the Commission’s proposal to hold meetings of political directors during the
           periods between ministerial conferences, so as to give consistent and ongoing impetus and
           follow-up to the process;

     71.   Also endorses the Commission’s proposal to enhance the role of the Euro-Mediterranean
           Committee as the standing body of the Barcelona Process, to refocus its global activities
           on the Euro-Mediterranean acquis and to increase the level of cooperation between its
           various different parts;

     72.   Views the growing institutionalisation of the Barcelona Process as a positive and
           desirable step and hopes that the proposals to establish a Euro-Mediterranean
           Development Bank and a Euro-Mediterranean Foundation for the promotion of cultural
           dialogue will soon be put into effect;

     73.   Calls again on the Council and Commission to ensure that the undoubted progress made
           as regards decentralisation of aid management is accompanied by a significant increase in
           the human resources assigned to the Euro-Mediterranean partnership within their services
           and to make more resolute efforts to decentralise and transfer responsibilities from the
           Commission to the beneficiary countries;

     74.   Considers it, consequently, a matter of urgency to develop Mediterranean cooperation
           into an effective Mediterranean association of equal partners with a permanent
           organisation, in which all matters of common interest could be discussed and resolved,
           building on a common internal market;


                                                       o
                                                   o       o


     75.   Instructs its President to forward this resolution to the Council and the Commission and to
           the governments and parliaments of the Member States and the Mediterranean partner
           states which are signatory to the Barcelona Declaration.




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P5_TAPROV(2002)0179

EU strategy towards China
European Parliament resolution on the Commission communication to the Council and
the European Parliament on a EU Strategy towards China: Implementation of the 1998
Communication and future steps for a more effective EU policy (COM(2001) 265 –
C5-0098/2001 – 2001/2045(COS))


The European Parliament,

–     having regard to the Commission communication (COM(2001) 265 – C5-0098/2001),

–     having regard to the Commission communication entitled "Europe and Asia: A Strategic
      Framework for Enhanced Partnerships" (COM(2001) 469),

–     having regard to the Commission report to the Council and the European Parliament on
      the implementation of the communication "Building a comprehensive partnership with
      China" (COM(2000) 552),

–     having regard to its resolution of 12 June 1997 on the Commission communication on a
      long-term policy for China-Europe Relations (COM(1995) 279)1,

–     having regard to the Commission communication "Building a Comprehensive Partnership
      with China" (COM(1998) 181),

–     having regard to the Council conclusions of 29 June 1998 endorsing the above
      communication,

–     having regard to the EU-China Bilateral Agreement of 19 May 2000 paving the way for
      China's accession to the WTO,

–     having regard to the numerous EU-China cooperation projects, in particular, but not
      exclusively, in the field of human rights,

–     having regard to its resolution of 20 January 2000 on the human rights situation in China2,

–     having regard to the tens of thousands of Chinese citizens transported each year by
      criminal traffickers across Asia and Eastern Europe to the European Union,

–     having regard to its earlier resolutions on China, Hong Kong, Macao, Tibet, Xinjiang and
      Taiwan,

–     having regard to its resolution of 15 December 1992 on the situation in Tibet3,

1
      OJ C 200, 30.6.1997, p. 158.
2
      OJ C 304, 24.10.2000, p. 209.
3
      OJ C 21, 25.1.1993, p. 78.

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                                                                                                    EN
     –     having regard to the address to the European Parliament by His Holiness the Dalai Lama
           on 24 October 2001,

     –     having regard to its resolution of 5 July 2001 on Beijing's bid to host the 2008 Olympic
           Games1,

     –     having regard to the Fourth EU-China summit held in Brussels on 5 September 2001,

     –     having regard to the exchange of views on EU-China relations held in the European
           Parliament on 12 September 2001,

     –     having regard to the discussions held during the visits of the EP's Delegation for Relations
           with the People's Republic of China to that country in November 2000 and of the Chinese
           Delegation to the European Parliament in September 2001,

     –     having regard to the decision taken by the 4th WTO Ministerial Conference meeting at
           Doha, Qatar on 9-14 November 2001 on the admittance of China and Chinese Taipei to
           the WTO,

     –     having regard to the 7 January 2002 meeting of the Shanghai Cooperation Organisation
           (SCO) on an anti-terrorism strategy,

     –     having regard to Rule 47(1) of its Rules of Procedure,

     –     having regard to the report of the Committee on Foreign Affairs, Human Rights, Common
           Security and Defence Policy and the opinion of the Committee on Industry, External
           Trade, Research and Energy (A5-0076/2002),

     A.    whereas there is a need for continuing, enhanced cooperation between the EU and China,
           based on an intense dialogue, taking account of their vast mutual interests,

     B.    whereas policy towards China must necessarily take the following three key factors into
           account: economic considerations, China's role in world politics and regional order and
           security issues, together with the development of human rights and of the rule of law,

     C.    whereas the Commission has been examining ways of furthering the EU-China
           partnership, and whereas the European Parliament fully supports the EU's position, in
           particular as expressed in the EU-China summits, held annually since 1998, which have
           provided a platform to give added momentum to the EU-China relationship; and whereas
           separate dialogues and meetings between the relevant officials on both sides on numerous
           issues of mutual concern take place,




     1
          OJ C 65E, 14.3.2002, p. 365.

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D.    whereas an overall framework for political dialogue between the EU and China was first
      formalised in 1994 through an exchange of letters,

E.    whereas the thus far successful political, social, economic and cultural experiences of
      Hong Kong and Macao represent a significant and concrete start to such dialogue and
      cooperation,

F.    concerned nevertheless about the fact that the Chinese government appears intent on
      forcibly separating 11,000 mainland-born children of Hong Kong permanent residents
      from their parents by removing them to the mainland,

G.    whereas the Olympic Games to be held in China in 2008 could prove a major opportunity
      for the deepening of cooperation in all fields if China puts an end to human rights
      violations and makes substantial progress in the democratisation of its political system,

H.    whereas the human rights situation in China still causes serious concern, as the
      crackdown on fundamental freedoms continues and torture, ill-treatment, arbitrary
      detention and executions are still used to punish peaceful dissent and against religious
      communities,

Introduction

1.    Welcomes the Commission communication;

2.    Welcomes the new progress made in developing EU-China relations over the last three
      years;

3.    Takes note of China's positive response to the communication and urges China to take the
      necessary concrete steps to demonstrate its willingness to tackle a broad swathe of issues
      which are of major concern to the EU;

4.    Welcomes China's support in the international fight against terrorism and, in particular, its
      recent rapprochement with India over mutual security issues, in spite of long-standing
      territorial disputes and notwithstanding its long-term friendship with Pakistan; stresses,
      however, that anti-terrorist measures can never excuse human rights abuses, such as
      repression of ethnic groups and religious communities;

5.    Welcomes China's undertaking to assist in the reconstruction of Afghanistan; believes that
      this project could serve as a specific benchmark for cooperation between China and the
      EU;

6.    Recalls its resolution of 13 June 2001 on the Commission working document:
      Perspectives and Priorities for the ASEM Process (Asia Europe Meeting) into the new
      decade (COM(2000) 24l - C5-0505/2000 - 2000/2243(COS))1; urges the Chinese
      Government to take a more favourable attitude to the early enlargement of ASEM, in
      particular as regards India and other countries;


1
      OJ C 53 E, 28.2.2002, p.227.


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                                                                                                      EN
     7.    Recognises that the partnership between the EU and China on the basis of equal status
           and mutual advantage has expanded considerably in recent years; notes that it is
           necessary, however, in order to consolidate these relations on the basis of partnership, to
           strengthen and further develop dialogue in the political, economic, scientific and cultural
           fields;

     8.    Notes the need for an intense cultural dialogue between Europe and China; proposes in
           this context that Member State universities create/expand their departments of Chinese
           studies and invites the Commission to study the possibility of enlarging the existing
           programmes, e.g. Tempus, in order to promote projects for reciprocal university
           exchanges;

     9.    Acknowledges that the beginnings of democratic representation at municipal level
           constitute a step in the right direction towards participative democracy at both regional
           and national level;

     10.   Cannot over-stress the fact that the EU has a profound interest in a stable, prosperous,
           open China which embraces democracy, free market principles, human rights and the rule
           of law, and that it must pursue policies which help China further endeavours in this
           direction;

     11.   Notes that the dialogue between the EU and China on the rule of law, civil society and
           democracy is becoming increasingly intense; this dialogue should be accompanied by
           public and/or private initiatives and measures such as exchanges of schoolchildren and
           students, the setting up of contact groups of Members of Parliament and stronger cultural
           links;

     12.   Stresses the importance of the successful experiences of the Hong Kong and Macao
           regional and special autonomies in widening and deepening cooperation between the EU
           and China in the political, cultural, economic and social fields;

     13.   Calls on the Chinese government to facilitate the family reunion of children born on the
           mainland with their Hong Kong permanent resident parents, in accordance with the
           findings of the United Nations Committee on the Rights of the Child and the United
           Nations Committee on Economic, Social and Cultural Rights;

     Trade

     14.   Congratulates China on its recent accession to the WTO, and expresses its support for the
           progress made so far in its economic and social reforms, but stresses that much greater
           progress on the application of the rule of law in China is essential to the full integration of
           China into the global market place;

     15.   Is fully conscious that WTO accession marks a major development in China's relations
           with the rest of the world and that it will change both China's existing trading system and
           China itself; notes that the next few years will test the regime's capacity to adapt to a
           changing world on its own doorstep, but takes the view that economic progress can only
           succeed in tandem with political and social progress; expects China to give evidence that
           it is able to deal satisfactorily with the social and labour problems which will arise as a
           result of WTO accession; is convinced that in the longer term the EU, the US, Japan and

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      other industrialised countries, working together with China, will have to develop and
      implement programmes in the rural and disadvantaged areas, outside the booming cities,
      to combat increasing inequalities and create educational opportunities for the majority of
      the Chinese population who live there;

16.   Recognises nonetheless that, despite improved economic prospects for many Chinese, this
      has not alleviated the need for more economic restructuring and a more even geographical
      spread of economic development to reduce the threat of even higher unemployment and
      social displacement in the future;

17.   Expresses its concern at the steady rise in the number of industrial disputes since 1998;
      urges the PRC to authorise the establishment of independent trade unions and to institute
      at the earliest opportunity a social protection system geared primarily towards the
      unemployed, whose numbers are set to swell as a result of China’s accession to the WTO;

18.   Notes the claim sometimes made by Community documents and officials that China's
      accession to the WTO is creating a dynamic economic environment in China and
      transforming its economy into an export-driven economy, but also realises that China's
      potential rests with a vast territory and a population where only the inhabitants of the
      richest areas located along the coast form a market, both characteristics of a 'continental
      economy' driven by internal demand, meaning that there is a need for the Chinese
      authorities to build up efficient internal cohesion policies;

19.   Is aware of the fact that with China's entry to the WTO, WTO rules and procedures will
      define a new context of economic and political relations of China with the US and EU
      (and Hong Kong, Macao and Taiwan as well), and China will have to separate business
      from government, which will imply a serious change in the framing of economic
      development of China;

20.   Welcomes in this regard the cooperation agreements that the EU has with China in the
      field of social security, given the high level of unemployment already existing in China,
      which is likely to grow;

21.   Notes that China and the EU are already major trading partners and welcomes the
      continued growth in EU-China trade and the rising levels of EU direct investment in
      China; expects that the implementation by China of its terms of accession will contribute
      in a major way to reducing barriers to trade and investment, and entail a more balanced
      trading relationship;

22.   Notes that, while existing programmes such as the EU-China Scholarship 2000 Project
      Programme and the Junior Managers Project Programme between the EU and China to
      promote reciprocal exchanges in the field of technology and know-how have achieved
      some success, they must be stepped up;

23.   Notes that the strengthening of EU-China relations and the expansion of EU-China
      dialogue across the board render the existing EU-China trade and cooperation agreement
      largely obsolete, and calls on the Commission to bring forward proposals for an updated
      partnership agreement, in line with the development of a consistent and comprehensive
      EU common strategy towards China;


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                                                                                                      EN
     24.   Recognises China's leading role with the G77 countries and calls on the Chinese
           Government to fulfil this role within the WTO whilst respecting the legitimate economic
           concerns of neighbouring countries;

     25.   Is seriously concerned about the high levels of pollution caused by China's industries and
           expects China to take serious measures to protect the environment; emphasises that Trade
           and the Environment is an essential component of the WTO agreement and urges the
           Chinese Government to play a full and positive role in promoting sustainable
           development, as required by the WTO agreement, both within China itself and globally;
           welcomes the general willingness of the Chinese Government to cooperate on
           environmental protection, and also the wide range of activities by the existing NGO
           community in this area; therefore calls on the Commission to ensure that sufficient
           support and know-how relating to environmental protection are channelled in China's
           direction; calls on the Chinese Government to continue and reinforce its dialogue and
           cooperation with the EU on global environmental issues, e.g. climate change;

     Taiwan

     26.   Is convinced that the EU's adherence to the one-China policy is directly linked to its
           commitment to a peaceful resolution of the dispute through negotiation, dialogue and
           confidence-building measures without any threat of force, and therefore cannot accept
           that China reserves the right to use military force in its disputes with Taiwan;

     27.   Draws to the attention of both parties the indisputable fact that a peaceful resolution to the
           Taiwan question is crucial if political and economic stability in the region is to be
           reinforced and maintained in the medium- to long-term;

     28.   Believes, in this regard, that the participation of Taiwan in ASEM could be a step forward
           as to the resumption of a genuine dialogue between Beijing and Taipei with a view to
           developing cross-Straits relations;

     29.   Recognises the importance of the democratic process in Taiwan and takes note of the
           results of the December 2001 parliamentary elections; urges the two parties to engage in
           talks as soon as possible;

     30.   Emphasises that any arrangement between China and Taiwan can only be achieved on a
           mutually acceptable basis; expresses the view that the future of cross-Straits relations will
           depend on both sides' willingness to demonstrate flexibility, and on their capacity to be
           imaginative in proposing steps to resume dialogue; takes the view that, given Taiwan's
           achievements as regards the establishment of a fully-fledged democratic system, social
           pluralism and the rule of law, the will and approval of the 23 million people in Taiwan
           must be respected and accounted for in the light of a hopefully peaceful solution between
           the parties;

     31.   Deplores the fact that, in November 2001, the Member States did not grant visas for
           President Chen Shui-Bian to visit Europe; urges the Council and the Member States to
           honour their commitment to the fundamental rights of freedom to travel and issue visas to
           the President and all high-ranking officials of Taiwan for private visits to the European
           Union;


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32.   Welcomes recent moves by the PRC towards cross-Straits ties and the wish expressed that
      direct mail services, trade, air and shipping links across the Straits be activated as soon as
      possible in order to promote all types of exchanges and other confidence-building
      measures;

33.   Notes that Taiwan eased restrictions on direct investment in the PRC in November 2001
      and plans to take further liberalisation steps from early 2002, including the introduction of
      direct trading links; notes, however, that Beijing has yet to respond to the move; urges the
      PRC to respond favourably, particularly in view of the implementation of China's and
      Chinese Taipei's commitments following their accession to the WTO and in the interests
      of improving cross-Straits relations;

34.   Urges the Commission to fulfil without delay its commitment to open an EU information
      office in Taipei;

Human rights

35.   Notes that China has signed and ratified the UN Covenants on Economic, Social and
      Cultural Rights and urges China to ratify as well the UN Covenant on Civil and Political
      Rights without delay;

36.   Endorses the human rights dialogue between the EU and China as a useful tool to engage
      China on this issue, but regrets that it has yet to lead to many tangible results and remains
      extremely concerned with the overall situation of human rights in China; consequently
      instructs its Human Rights Division to draw up an annual report on the development of
      human rights in China to be discussed by its competent committee, and instructs its
      competent committee to ensure that the Commission and the Council are properly
      represented and participate fully in the discussions on these reports;

37.   Urges the Commission and the Member States to exert a more effective control on
      products coming from China, making clear to the Chinese authorities that the EU can in
      no way accept products coming from forced labour camps; calls on China to put an end to
      this practice;

38.   Urges the Commission to propose at the next EU-China summit an increase in the number
      of joint ad hoc programmes aiming at fostering democracy and civil society, developing
      the rule of law and respect for human rights and supporting independent media;

39.   Expresses its indignation at the increasingly high number of executions in China, and at
      the links to the supply of body parts for human transplantation, and demands that the
      Chinese Government abolish the death penalty, declare a moratorium on the execution of
      persons already sentenced to death, and accelerate judicial reforms in order to eliminate
      the use of torture and the violation of human rights in the country; furthermore condemns
      the 'widespread and systemic use of torture against political dissidents, Tibetan activists,
      migrant workers, people accused of violating the one-child-per-family policy', and
      religious, social and ethnic minorities, as documented in a February 2001 report from
      Amnesty International;




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                                                                                                       EN
     40.     Notes with concern the strict rules imposed by the Chinese authorities on media and
             electronic communication; calls on the Chinese Government to lift the restrictions that
             limit citizens' access to the Internet;

     41.     Calls on the Commission and the Council to ensure that, in all their dealings with the
             Chinese Government, it cooperates fully with the competent authorities within the EU and
             also within those countries, notably of the former Soviet Union, which serve as transit
             routes, in order to eliminate illegal migration of Chinese nationals towards the EU, not
             only to prevent all forms of human trafficking, exploitation and suffering, but also to
             eradicate criminal activity;

     42.     Calls upon China to seize the opportunity of the Olympic Games of 2008 to abide by
             international human rights standards and to intensify general cooperation; calls for a
             monitoring procedure to be put in place to ensure that China honours its international
             obligations in the field of human rights in the run-up to this event; draws attention to the
             importance of preserving Beijing's architectural heritage while large-scale infrastructure
             projects are carried out ahead of the Olympic Games;

     43.     Calls on the Chinese Government fully to recognise and respect fundamental social,
             cultural and political rights of religious, ethnic and other minorities as well as their
             cultural specificities, including the freedom of religious practice;

     44.     Reiterates its view that greater economic freedom cannot yield lasting benefits without
             the concomitant fundamental human liberties and rights as laid down in the various UN
             covenants and other relevant international agreements and conventions, including those
             covering the protection of the global environment, which China has now signed;

     45.     Urges China to respect its obligations as a signatory to the CITES convention and to pay
             more attention to cruel and inhumane treatment of animals;

     Tibet

     46.     Underlines the demand made in its abovementioned resolution of 15 December 1992
             concerning the autonomy of Tibet and invites the Chinese Government to accept the five-
             point plan of the Dalai Lama as a basis for negotiations on Tibet;

     47.     As regards Tibet, is aware of a slight relaxation recently of religious restrictions on lower-
             level government employees, students and State company workers; however, notes that in
             both the regions of Xinjiang and Tibet, religious freedom continues to be severely
             restricted and people suspected of nationalist activities or sympathies are still subject to
             particularly harsh restrictions; is furthermore extremely preoccupied at the large number
             of nuns and monks who remain imprisoned and by the ongoing question of religious,
             political and cultural freedom; draws the attention of the Chinese Government to the
             importance of protecting the natural environment and the religious and cultural heritage
             of Tibet; appeals to the Chinese Government to respect and protect the religious and
             cultural identity of the people of Tibet;

     48.     Welcomes, in this regard, the consistent stand of His Holiness the Dalai Lama as regards
             realising genuine self-government for Tibet within the People's Republic of China
             through peaceful negotiations, shares his grave concern at the systematic destruction of

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EN
      the Tibetan environment, traditions, culture and religion, at the ever-worsening political
      situation of the Tibetan people and at the deteriorating human rights situation in Tibet,
      and endorses his appeal for urgent international pressure on Beijing, as expressed in his
      address to the plenary session of the European Parliament of 24 October 2001; urges
      China, in this connection, to halt immediately the controversial plan of large-scale
      immigration to Tibet with regard, in particular, to the 20 000 people who are due to move
      into the Dulan region of Qinghai Province; calls on the Chinese Government to resume
      direct negotiations with His Holiness the Dalai Lama or his representatives without
      preconditions, with a view to defining a new, real statute of full autonomy for Tibet, with
      the only exceptions being foreign and defence policy;

49.   Reiterates its call to the Council to appoint an EU Special Representative for Tibetan
      Affairs so as to contribute effectively to the peaceful resolution of this issue, facilitating
      the resumption of negotiations and cooperating with the Tibetan Government in exile;

50.   Reiterates its call to the Commission, the Council, the Member States and the
      international community in general to give serious consideration to the possibility of
      recognising the Tibetan Government in exile as the legitimate representative of the
      Tibetan people if the Beijing authorities and the Tibetan Government in exile do not,
      through negotiations organised under the aegis of the Secretary-General of the United
      Nations, sign an agreement on a new statute for Tibet;


                                                       o
                                                   o       o


51.   Instructs its President to forward this resolution to the Council, the Commission, the
      governments of the Member States, the Government of the People's Republic of China
      and the Chinese National People's Congress.




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                                                                                                         EN
     P5_TAPROV(2002)0180

     Social protection
     European Parliament resolution on the Commission communication 'Supporting national
     strategies for safe and sustainable pensions through an integrated approach'
     (COM(2001) 362 – C5-0012/2002 – 2002/2017(COS))


     The European Parliament,

     –     having regard to the Commission communication (COM(2001) 362 – C5-0012/2002),

     –     having regard to the Economic Policy Committee report on the impact of ageing
           populations on public pension systems (12791/00), which the Ecofin Council meeting of
           7 November 2000 noted,

     –     having regard to the Commission communication 'The contribution of public finances to
           growth and employment: quality and sustainability' (COM(2000) 846),

     –     having regard to the Commission communication ‘Towards a Europe for all ages –
           promoting prosperity and solidarity between generations’ (COM(1999) 221),

     –     having regard to the conclusions of the Stockholm European Council of 23-24 March
           2001, in particular its conclusions 7 and 32,

     –     having regard to its resolution of 17 May 20011 on the Commission communication 'The
           future evolution of social protection from a long-term point of view: safe and sustainable
           pensions' (COM(2000) 622 - C5-0011/2001 - 2001/2003(COS)),

     –     having regard to the Göteborg European Council of 15-16 June 2001 which stressed that
           'A comprehensive approach is needed to meet the challenges of an ageing society and
           endorsed the following three broad principles for securing the long-term sustainability of
           pension systems as identified by the Council: safeguarding the capacity of systems to
           meet their social objectives, maintaining their financial sustainability and meeting
           changing societal needs',

     –     having regard to the conclusions of the Council of employment and social affairs
           ministers of 3 December 2001 and the Ecofin Council of 4 December 2001;

     –     having regard to the conclusions of the Laeken European Council of 14 December 2001,
           in particular its conclusion 30,

     –     having regard to the joint report of the Economic Policy Committee and the Committee
           on Social Protection to the Council, on objectives and working methods in the pensions
           field: the application of the open coordination process,


     1
          OJ C 34 E, 7.2.2002, p. 362.

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–     having regard to the Presidency Conclusions on the Barcelona European Council of 15
      and 16 March 2002,

–     having regard to Rule 47(1) 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 Economic and Monetary Affairs and the Committee on
      Women's Rights and Equal Opportunities (A5-0071/2002),

A.    whereas the Charter of Fundamental Rights of the European Union ‘recognises and
      respects the rights of the elderly to lead a life of dignity and independence and to
      participate in social and cultural life’,

B.    whereas the growth in the number of pensioners, due to the rise in survival rates, may
      increase in the future pressure on the financing systems, unless effective policies are put
      in place to reverse the tendency of an increasing old-age dependency ratio; whereas such
      policies include measures to increase labour market participation, and policies to support
      an increase in the birth-rate as well as immigration,

C.    whereas forecasts for social development over a period of fifty years should be treated
      with caution and must under no circumstances be considered as ‘established findings’,

D.    whereas demographic challenges throughout the EU call for renewed solidarity between
      the generations and an integrated approach to economic, social and employment policy,

E.    whereas one of the solutions to the pension funding problem in Europe is to implement
      innovative and generous family policies, such as those described in its resolution of 28
      January 1999 on protection of the family and children1,

F.    whereas the Lisbon strategy proposes tackling the demographic challenge by increasing
      the level of employment, particularly that of women and older workers,

G.    whereas solidarity between and within generations demands that account is taken of the
      contributions to society made by men and women of every generation by means of paid
      and unpaid work; whereas women are especially disadvantaged by the present pension
      systems and there is a need to attain gender equality in pension systems; whereas an
      integrated approach to the issues of ageing requires action to increase the employment of
      women and older workers, particularly through measures to encourage gradual retirement
      and oppose gender- or age-based discrimination at work,

H.    whereas the different levels of contributions, which are added to the cost of labour, must
      not distort competition in favour of socially less advanced economies,

I.    whereas it is important to make national budgets more transparent with regard to pension
      expenditure,

J.    whereas the payment of pensions should help to eliminate poverty and maintain standards
      of living in old age, and must enable the elderly to share the benefits of economic

1
      OJ C 128, 7.5.1999, p. 79.

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                                                                                                     EN
           prosperity; whereas many of the elderly in the Member States and applicant countries
           suffer from poverty and social exclusion,

     K.    whereas the reliable and timely payment of pensions should help maintain suitable and
           fair standards of living in old age, prevent situations of poverty and improve the standards
           of living of the most disadvantaged elderly people,

     L.    whereas there are considerable differences between pension systems in the various
           Member States, so the responsibility for regulating the organising and funding of pension
           systems remains exclusively a matter for the Member States, but whereas the scale of the
           problem will affect the European Union's social, economic and monetary stability and its
           social system, and the European Union could help to promote safe and financially
           sustainable pensions via the open coordination process,

     M.    whereas the Stockholm European Council noted that 'The coming decade offers an
           opportunity to address the demographic challenge by raising employment rates, reducing
           public debt and adapting social protection systems, including pension systems'; whereas it
           also stated that: 'where appropriate, the potential of the open method of coordination
           should be used to the full, particularly in the field of pensions',

     N.    whereas the Göteborg European Council of June 2001 decided to address the common
           problem of maintaining safe pensions using the open method of coordination, and adopted
           three broad principles for securing the long-term viability of pension systems:
           safeguarding the capacity of systems to meet their social objectives, maintaining their
           financial sustainability and meeting society’s changing needs,

     O.    whereas the European Councils of Stockholm, Göteborg and Laeken made progress in
           applying a specific open coordination process, drew attention to a working method (one
           which does not involve Parliament), the agenda and the commitments, and adopted the
           joint report of the Social Protection Committee and the Economic Policy Committee,

     P.    whereas it is vital to reach agreement on a definition of ‘indicators’ of the levels reached
           in satisfying citizens’ pension expectations, and such indicators cannot be confined to
           defining a given standard of living in quantitative terms, but must also take account of the
           quality of living proposed for retired people, such as combating loneliness, illiteracy and
           other forms of social exclusion,

     Q.    whereas Parliament should be consulted on this matter and must be entitled to participate
           in the open coordination process in an appropriate way,

     R.    whereas the candidate countries cannot be excluded from this initiative, which concerns
           the workers and pensioners of all the current Member States and candidate countries of
           the Union,

     S.    whereas it is all-important to ensure that the social partners are also actively included in
           this process and that social forces, associations and NGOs representing workers and
           pensioners are consulted,




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T.    whereas the lack of coordination between pension systems, as well as the tax treatment of
      contributions, fund revenues and pension benefits, in different Member States of the EU
      are major barriers to greater labour mobility within the EU,

U.    whereas the mobility and prudential safeguarding rules for pension fund capital in the
      financial markets, under discussion in relation to a draft directive on the activities and
      prudential supervision of institutions for occupational retirement provision, is a
      complementary subject closely linked to the quality and sustainability of pensions,

1.    Considers that the Member States must, with the support of the European Union and with
      due regard for subsidiarity, shoulder their responsibility to guarantee pensions which will
      enable every pensioner to lead a dignified and independent life and to participate in social
      and cultural activities; considers that the debate on pensions is essentially a social
      challenge with financial aspects, and that this debate therefore needs to be conducted with
      a view to protecting these rights and must not be restricted to the problem of funding;
      applauds the Commission's initiative on guaranteeing safe and sustainable pensions;

2.    Endorses the 10 objectives in the Joint Report in principle and the three guiding principles
      of adequacy of pensions, the financial viability of systems and the modernisation of
      pension systems to respond to change and the needs of the economy, society and
      individuals; asks that these principles are examined also in the framework of the
      employment guidelines and the national action plans on social inclusion; calls in
      particular on the Member States to maintain a well-functioning compulsory pensions
      system;

3.    Welcomes the launching of the open coordination method on pensions on the basis of
      Community objectives and working methods; calls for this method to be extended and
      deepened by establishing a Community list of indicators, drawing up national strategic
      reports and the identifying of best practice; calls on the next European Council to confirm
      these objectives and working methods and to take concrete decisions on the substance of
      and timetable for the open coordination method;

4.    Notes that the Barcelona European Council, in Point 32 of the Presidency conclusions,
      states that 'a progressive increase of about 5 years in the effective average age at which
      people stop working in the European Union should be sought by 2010'; considers it
      essential that this and other substantive changes to the strategies for securing safe
      pensions should be agreed with Parliament;

5.    Calls on the Member States to submit by September 2002 their national strategies for
      tackling the overall aims of European strategy, through a process in which they consult all
      those involved and on the basis of an accurate assessment of the economic and social
      challenges they will have to face; also to devise effective indicators and follow-up
      mechanisms to evaluate the reforms and modernisation of all aspects of their pension
      systems; calls for the candidate countries to be involved in the process of coordination
      and comparison aimed at guaranteeing safe pensions;

6.    Calls on the Commission and Council to treat the three fundamental objectives of pension
      policy coordination as three objectives of equal value which are closely interlinked and
      interdependent; calls on the Commission to take account of this in drawing up the
      relevant reports, particularly the Economic Guidelines and the Employment Guidelines,

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                                                                                                       EN
           the recommendations on this topic to the Member States, and the annual summary report
           for the European Spring Summit to ensure that all the processes are consistent with and
           complementary to the sustainability and modernisation of the European social model;

     7.    Looks, therefore, to the Employment and Social Affairs Council and the Committee on
           Social Protection to be fully involved in the drafting of the Economic Guidelines;

     8.    Calls on the Commission and Council to ensure that the open coordination process
           incorporates democratic elements, so that the assessment and solutions are not confined to
           the thinking of technical experts working behind closed doors; points out that to solve
           these problems and respect European integration will mean involving Parliament and
           public opinion in such processes;

     9.    Considers it essential for Parliament to be fully involved in the procedures for achieving
           an integrated approach to promoting safe and sustainable pensions; calls, therefore, to be
           consulted on the national strategic reports, the Joint report as well as on the choice of
           indicators defined by common accord of the Member states;

     10.   Notes that the joint report by the Social Protection Committee and the Economic Policy
           Committee of 25 October 2001 on 'objectives and working methods in the area of
           pensions: applying the open method of coordination' actually represents a step backwards
           in relation to the Commission communication as regards Parliament's involvement in the
           process, in so far as it simply states that Parliament should be kept 'informed'; regards this
           as unacceptable;

     11.   Notes that the exchange of views between Parliament and the policy committees
           supposedly being conducted by Parliament - according to the communication - has not to
           date taken place; stresses, however, that it would welcome such an exchange of views;

     12.   Calls for an interinstitutional agreement to be concluded without delay laying down rules
           governing the participation of Community institutions in all stages of the open method of
           coordination (setting of objectives, establishment of indicators, discussion of joint report,
           etc), including rules on access to documents, participation in meetings and the procedure
           for moving from the open method of coordination to the Community approach;

     13.   Hopes that the European social partners will be fully involved in all the stages, at national
           and European level, of the open coordination process relating to safe and sustainable
           pensions; calls also for the involvement of representatives of pensioners, social NGOs and
           women’s organisations;

     14.   Stresses that in order to secure pensions in the long term, it is essential that
           comprehensive reform strategies are drawn up before acute financing problems arise. The
           aim of this reform process should also be to expand the basis of contributors and to
           explore alternative forms of financing statutory pension systems;

     15.   Hopes that the current level of European pension provision will be maintained, reformed
           and increased;

     16.   Points out that the maintenance of pensions in keeping with the standard of living can also
           be seen as a problem of distribution: the key question is whether the macroeconomic

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      increases in productivity will be high enough in the decades ahead to secure rising added
      value even against a backcloth of falling employment figures, so as to finance a higher
      proportion of ‘collective consumption’ for pensioners, and whether the political will
      exists to redistribute wealth in order to secure pensions in the long term;

17.   Calls on the Commission to clearly distinguish solidarity-based collective systems of
      funded pensions from purely individual financial pension or savings arrangements, and to
      strongly promote the former in the different fields of EU policy;

18.   Calls on the Commission to carry out a comparison between the current pension systems
      in the European Union and to provide for studies on the operation and impact, in terms of
      sustainability and security, of funded pension systems, pay-as-you-go pension systems
      and combined systems; recalls in this respect the recommendation of the high-level group
      on social protection to examine occupational and fully funded pension schemes in the
      light of the criteria of a fair balance of risk, equality for women, solidarity and equal
      distribution of incomes, and in addition analyse the effects of the volatility of financial
      markets on these systems;

19.   Draws attention to the need to avoid the risk of making workers and pensioners
      responsible for any imbalances in pension systems, as they contribute to financing a
      significant proportion of pension schemes and therefore have a right to a proper pension
      with welfare guarantees;

20.   Calls on the Commission to propose that the Member States make their budgets more
      transparent with regard to pensions-related items;

21.   Asks the Commission also to give preference, during the open coordination process, to
      research into, and good management practices for, reducing waste, inefficiency, social
      injustice and unjustified unequal treatment with regard to pensions, and into effecting the
      prompt payment of pensions;

22.   Favours the creation and expansion of suitable reserve pension funds, modelled on the
      laudable action already taken by some Member States;

23.   Calls on the Commission to organise and support, in collaboration with the Member
      States, information and educational campaigns with the participation of civil society and
      the social partners concerning the progress of the reform of pension schemes;

24.   Calls on the Commission to promote research on poverty and social exclusion, as being
      topics which directly concern elderly people, and on the many links between gender and
      demographic ageing, so that the indicators can be developed for adequate pension benefits
      and gender equality in pension systems;

25.   Considers, in the context of achieving Europe-wide coordination of pensions policy, that
      studies should be carried out on the initiatives which might be taken to apply the 1992
      recommendation on the minimum income to be guaranteed by social protection systems;

26.   Welcomes the Laeken European Council’s decision to invite the Council to take an
      approach for health care and care of the elderly similar to the approach on pensions; calls
      for reforms to strengthen the preventive approach in health care and reinforce solidaristic

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                                                                                                     EN
           and redistributive mechanisms in statutory health insurance to provide high-quality health
           care for all;

     27.   Considers the issue of the tax treatment of pensions, which was the subject of a
           Commission Communication issued in April 2001, to be closely linked to the subject of
           coordination on the sustainability, social quality and modernisation of pensions in Europe,
           agreed at Laeken;

     28.   Stresses the need for Member States to come to an agreement on a uniform fiscal
           treatment of both the mobile pensioner and the mobile worker as part of the national
           strategies for safe and sustainable pensions through an integrated approach;

     29.   Strongly regrets the completely inadequate progress made in connection with legislative
           and other initiatives at European level, and in particular the directive on the activities and
           prudential supervision of institutions for occupational retirement provision, which
           represent concrete steps towards safeguarding the future of pension systems; has the
           impression that Member States are becoming more reluctant to take decisions;

     30.   Calls on the Member States to actively implement the Lisbon strategy, in particular by
           means of:

           -     action to promote a gradual approach to pensions, giving individuals the choice
                 whether to retire or to work full or part time up until or after their pensionable age,
                 and providing incentives to taking retirement at a later age;

           -     an active policy to promote employment and combat unemployment;

           -     stronger measures to combat aged-based discrimination, gender inequality and other
                 discrimination on the labour market;

     31.   Calls on the Commission to ensure that each of the Member States gives details of the
           commitment to achieve full employment by 2010 and of the general employment
           objectives for that date, as also for the categories of women and adult workers, with a
           specific timeframe consistent with the common objectives and working method for the
           reform and modernisation of pensions;

     32.   Calls on the Commission to include, in its objective to increase the employment rate of
           older workers, a recommendation to adapt health and safety requirements and the whole
           working environment to the special needs of older workers;

     33.   Calls on the Member States to give priority to gender equality in their pension systems.
           Measures seeking to guarantee gender equality should include:

           -     the individualisation of pension, social security and taxation systems, while
                 ensuring that existing pension and derived rights under the current systems are not
                 lost or devalued;

           -     an adjustment of pension systems - seeking to respond to social needs for childcare
                 and care for the elderly and other dependants, - whereby pension contributions are
                 accumulated by people who are temporarily providing care in the family;

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34.   Calls on the Commission to reformulate the third of its proposed broad principles: ‘to
      enhance the ability of pension systems to respond to the changing needs of society and
      individuals, thereby contributing to full employment and social cohesion, equal
      opportunities for men and women with regard to employment and social protection and a
      better adaptation of pension systems to individual needs’;

35.   Calls on the Commission to take appropriate initiatives to make progress with European
      legislation that effectively safeguards in pension systems the principle of no direct or
      indirect discrimination between men and women, and the social rights of workers in the
      cases of atypical work and business crises;

36.   Considers that pension cover must be given as a matter of urgency to women who work
      part-time or who have no income from employment and are not entitled – or are only
      partly entitled - under existing pension schemes to a supplementary pension;

37.   Takes the view that the rules governing the right to parental leave for male and female
      workers and leave to take care of sick or invalid family members must give access to full
      pension rights;

38.   Invites the Commission and the Member States to agree on and collect gender-specific
      data and indicators within the open method of co-ordination in order to determine and
      rule out gender-based discrimination in pension systems;

39.   Calls on the Commission to take initiatives to ensure that European public opinion is
      aware of the future challenges facing the European social model and the importance of
      responsible attitudes based on solidarity to promote the solutions required;

40.   Supports the Commission’s expressed intention of providing citizens with reliable and
      easily understandable information on the long-term prospects of pension systems and
      encouraging the funding of plans to fulfil this objective;

41.   Calls for the next European Council to consider the proposals in this report and give
      further impetus to the national strategies for safe and sustainable pensions that are
      sufficient to ensure that workers’ standards of living are maintained after retirement;

42.   Regrets, however, that it was not given the opportunity to express its own opinion on this
      Commission communication in time for it to be considered at the Barcelona Council;

43.   Calls on the Convention for the European Constitution referred to in Item 3 of the Laeken
      Declaration to take account in its deliberations of the rights of elderly citizens to a safe
      and sustainable pension;

44.   Instructs its President to forward this resolution to the Council, the Commission, the
      Economic and Social Committee, the Committee of the Regions and the parliaments of
      the Member States and the candidate countries.




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                                                                                                      EN
     P5_TAPROV(2002)0181

     Risk capital action plan
     European Parliament resolution on the Commission communication to the Council and
     the European Parliament on implementation of the risk capital action plan (RCAP)
     (COM(2001) 605 – C5-0015/2002 – 2001/2213(COS))


     The European Parliament,

     –     having regard to the Commission communication (COM(2001) 605 – C5-0015/2002),

     –     having regard to the Commission communication on state aid and risk capital1,

     –     having regard to the European Council’s European Charter for Small Enterprises of June
           2000, and in particular to its line of Action 7 on risk capital,

     –     having regard to the conclusions of the European Councils of Lisbon and Stockholm2,

     –     having regard to its resolution of 3 October 2000 on the Commission Communication to
           the Council and the European Parliament "Risk Capital: Implementation of the action
           plan - proposals for moving forward" (COM(1999) 493 - C5-0320/1999 - 1999/2208
           (COS))3,

     –     having regard to Rule 47(1) of its Rules of Procedure,

     –     having regard to the report of the Committee on Economic and Monetary Affairs
           (A5-0020/2002),

     A.    whereas access to finance continues to be a problem for SMEs alongside administrative,
           regulatory and fiscal constraints,

     B.    whereas first results of the benchmarking exercise called for by the European Parliament
           and the Lisbon European Council on issues such as the length of time and the costs
           involved in setting up a company are now available,

     C.    whereas venture capital (seed, start-up and expansion) represents a viable financing
           option for SMEs since costs for awarding small loans are relatively high and in particular
           start-ups are considered a larger risk by credit institutions, which impose higher demands
           in terms of collateral and interest charges,


     1
          OJ C 235, 21.8.2001, p. 3.
     2
          Lisbon European Council: Presidency Conclusions, 24.3.2000, n° 100/1/00 (Council Bulletin EU
          3-2000).
          Stockholm European Council: Presidency Counclusions, 24.3.2001, n° 100/1/01 (Council Bulletin
          EU 3-2001).
     3
          OJ C 178, 22.6.2001, p. 61.

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D.    whereas while there are obstacles on the supply side of risk capital, there are also major
      weaknesses on the demand side,

E.    whereas the European Councils in Lisbon and Stockholm endorsed the Financial Services
      Action Plan (FSAP), setting 2005 as the deadline for the integration of the financial
      markets and 2003 as target date for integration of the securities markets; whereas the
      deadline for the completion of the Risk Capital Action Plan (RCAP) set by the Lisbon
      European Council is the year 2003, demonstrating the inter-related nature of the securities
      and risk capital markets,

F.    whereas, although progress has been achieved, the integration of EU financial markets is
      still far from complete and overall progress in implementing the FSAP has been rather
      slow and risks falling behind schedule,

G.    whereas venture capital investment in Europe tripled between 1998 and 2000, while
      investment in early-stage venture capital even increased four times over; whereas
      nevertheless Europe's venture capital industry is still lagging far behind the US in terms
      of its share of the global economy and even in the most advanced EU Member States a
      solid venture capital market is far from being established,

H.    whereas major differences persist between the national markets (venture capital
      investment as percentage of GDP ranging between 0,4% in the UK and less than 0,1 % in
      Austria), reflecting the fragmentation of national markets; whereas although the UK
      represent the largest national venture capital market, even there the bulk of venture capital
      is non-European, originating in particular from the US (notably US pension funds),

I.    whereas the largest source for raising funds is pension funds, followed by banks and
      insurance companies,

J.    whereas the current global economic slowdown and stock market turbulences are also felt
      in the venture capital industry (according to EVCA (European Venture Capital
      Association) venture capital investment fell 27% by amount invested in the first six
      months of 2001),

K.    whereas there are still significant administrative legal and cultural barriers to be overcome
      and one of the most pressing is EU bankruptcy, which is still widely considered a stigma,
      while it should rather be seen as part of the learning process of business.

1.    Welcomes the Commission communication which reveals the significant progress
      achieved in the field of risk capital since the adoption of the RCAP and supports in
      particular its emphasis on the promotion of entrepreneurship;

2.    Points at the interconnection between the RCAP and the FSAP and calls on the
      Commission to ensure that cross-reference is made within the relevant directives of the
      FSAP to the intentions of the RCAP;

3.    Welcomes the benchmarking exercise which shows that time and costs to start up a
      business have been substantially reduced in many Member States 'to levels comparable to
      the world's best', but calls on Member States where costs are still too high and procedures
      take unacceptably long to make special efforts to improve the situation;

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                                                                                                      EN
     4.    Notes that the points concerning risk capital referred to in the European Charter for Small
           Enterprises need to be implemented;

     5.    Points out that while some progress is being achieved in removing the fiscal, regulatory
           and administrative barriers, shortage of appropriate finance can still be a major obstacle to
           starting a business;

     6.    Calls for greater emphasis to be placed on venture capital, private equity and
           entrepreneurship in secondary and tertiary education;

     7.    Underlines that venture capital and buyouts need to be considered in policy making as a
           key mechanism for entrepreneurship and should benefit from the same tax and other
           incentives as for entrepreneurial investment in start up and other growth companies;

     8.    Calls on Member States to consider granting favourable tax treatment in respect of capital
           gains on unquoted investment in growth companies as this would recognise the risks
           inherent in launching, joining or backing new growth businesses;

     9.    Welcomes the fact that the Broad Economic Policy Guidelines 2001-2002 for the first
           time include recommendations on the development of the EU risk capital markets and
           calls on the Member States to act on these recommendations;

     10.   Regrets that Member States have yet again failed to reach agreement on the Community
           Patent and calls for a Community patent allowing SMEs easy and cheap filing of patents;

     11.   Points out that in many Member States pension funds cannot or do not invest in venture
           capital funds, thereby excluding a major source of funding from the market; calls for a
           revision of the respective regulations and national tax regimes in particular in the field of
           double taxation and withholding tax to facilitate and stimulate pension funds' investment
           in venture capital schemes;

     12.   Points out that as technological development is an important growth factor, financial
           backing of innovative SMEs is of primary importance to close the knowledge gap
           between Europe and the US and achieve the EU's goal of becoming "the world's most
           dynamic knowledge-based economy by 2010";

     13.   Welcomes the reform of the EIB group, which ensured that most Community venture
           capital instruments are now concentrated within the EIF, but points out that this
           concentration on high-technology sectors must not be at the expense of SMEs in sectors
           such as industry and services; the EIF, in cooperation with the relevant parties, must map
           out more clearly what innovative funding instruments the SMEs require;

     14.   Is of the opinion that the EIF must play an even more active role today in filling the
           funding gap which has arisen due to the economic slowdown, the stock market turbulence
           and the resulting partial withdrawal of traditional sources of finance; is furthermore of the
           opinion that the EIB should demonstrate this by regular and specific reporting before the
           European Parliament's Committee on Economic and Monetary Affairs;




     50 /PE 316.566                                   \\epades\adoptes\adoptes_provisoi\02-04\02-04-11en.doc


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15.   Calls on the EIB to produce an annual quantitative and qualitative evaluation of the award
      of appropriations to SMEs in connection with the provision of risk capital, in order to
      assess the efficiency of this instrument;

16.   Welcomes the Commission's communication on state aid and risk capital, which
      recognises that public funding of private equity measures can be justified under certain
      exceptional circumstances and clarifies the Commission's approach on how these
      measures shall be assessed under state aid rules;

17.   Reiterates its call for an economic study on the likely employment effects of risk capital
      investment;

18.   Reiterates its call for a 'one-stop shop' risk capital website to provide a single access point
      for information about projects seeking risk capital and sources of EU and Member State
      funding for SMEs; considers that easy access to information on financing is a first and
      vital step towards obtaining access to financing;

19.   Calls on Member States to ensure that legislation does not prevent individuals who have
      undergone bankruptcy from playing an active role in future company formation on that
      ground alone;

20.   Instructs its President to forward this resolution to the Council, the Commission and the
      EIB.




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                                                                                                        EN
     P5_TAPROV(2002)0182

     Protection of minors and human dignity
     European Parliament resolution on the evaluation report from the Commission to the
     Council and the European Parliament on the application of the Council Recommendation
     of 24 September 1998 concerning the protection of minors and human dignity
     (COM(2001) 106 – C5-0191/2001 – 2001/2087(COS))


     The European Parliament,

     –      having regard to the Commission report (COM(2001) 106 – C5-0191/2001),

     –     having regard to the Treaty establishing the European Community, and in particular to
           Article 157 and Article 249 thereof,

     –     having regard to Council Directive 89/552/EEC of 3 October 1989 on the coordination of
           certain provisions laid down by law, regulation or administrative action in Member States
           concerning the pursuit of television broadcasting activities ('Television without
           Frontiers'), and in particular Article 22 thereof1,

     –     having regard to its resolution of 13 May 1998 on the protection of minors and human
           dignity in audiovisual and information services2,

     –     having regard to the Council Recommendation 98/560/EC of 24 September 1998 on the
           development of the competitiveness of the European audiovisual and information services
           industry by promoting national frameworks aimed at achieving a comparable and
           effective level of protection of minors and human dignity3,

     –     having regard to Decision No 276/1999/EC of the European Parliament and of the
           Council4 of 25 January 1999 adopting a multiannual Community action plan on
           promoting safer use of the Internet by combating illegal and harmful content on global
           networks,

     –     having regard to the Council Conclusions of 17 December 1999 on the protection of
           minors in the light of the development of digital audiovisual services5,

     –     having regard to its resolution of 5 October 2000 on parental control of television
           broadcasting6,


     1
          OJ L 298, 17.10.1989, p. 23. Directive as last amended by Directive 97/36/EC of the European
          Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).
     2
          OJ C 167, 1.6.1998, p. 128.
     3
          OJ L 270, 7.10.1998, p. 48.
     4
          OJ L 33, 6.2.1999, p. 1.
     5
          OJ C 8, 12.1.2000, p. 8.
     6
          OJ C 178, 22.6.2001, p. 186.

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–     having regard to the Council Conclusions of 21 June 2001 on the protection of minors and
      human dignity1,

–     having regard to Rule 47(1) of its Rules of Procedure,

–     having regard to the report of the Committee on Culture, Youth, Education, the Media
      and Sport and the opinions of the Committee on Citizens' Freedoms and Rights, Justice
      and Home Affairs and the Committee on Legal Affairs and the Internal Market
      (A5-0037/2002),

A.    whereas children's welfare is primarily the responsibility of their legal guardians, though
      this does not absolve the suppliers and distributors of audiovisual content, nor the drafters
      of legislation, from their responsibilities,

B.    whereas the Council Recommendation in question was supplemented in 1999 by a Safer
      Internet Action Plan which presented a coherent set of initiatives to deal with illegal
      content on the Internet,

C.    whereas self-regulation by the audiovisual industries has generally proved to be an
      effective additional, but not sufficient, means of protecting minors from harmful content,
      when appropriately applied,

D.    whereas the Commission Report concludes that 'after two years, the results of the
      application of the Recommendation are encouraging, although interested parties and in
      particular consumers should have been more involved in the establishment of codes of
      conduct',

E.    whereas not all Member States have established hotlines to handle complaints about
      illegal or harmful content and whereas campaigns to publicise the existence of these have
      been carried out in only five Member States,

F.    whereas legal provisions governing the classification of video games and/or self-
      regulation by the industry exist in only nine Member States despite the rapid proliferation
      of such products in conjunction with internet and broadcast promotion;

G.    whereas the majority of websites with illegal content originate on computers outside the
      EU, and whereas individual Member States, in the questionnaire on which this evaluation
      report is based, have expressed their regret at the lack of harmonisation between the
      relevant national laws with regard to cooperation,

H.    whereas in Sweden large Internet Service Providers have set up 'abuse departments' to
      which complaints may be made about harmful or illegal content,

I.    whereas in the remaining Member States, video games are currently labelled according to
      the age rating system in place in the Member State from which they are imported,

J.    whereas the Commission can promote the protection of minors from harmful content in
      the audiovisual media by facilitating exchanges of experience and best practice, and

1
      OJ C 213, 31.7.2001, p. 10.

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                                                                                                      EN
           whereas more systematic public monitoring could be introduced in each Member State on
           the basis of minimum standards, drawn up by the Member States,

     K.    whereas the video game industry has engaged in a pan-European project of self-
           regulation,

     L.    whereas transparency and the possibility of public scrutiny are important means of
           promoting the implementation of the Recommendation,

     M.    whereas, as the Commission notes, 'two years may be a relatively short period for fully
           applying the Recommendation',

     1.    Notes the conclusions of the Commission's Evaluation Report of 27 February 2001 on the
           application of the Council Recommendation of 24 September 1998 concerning the
           protection of minors and human dignity;

     2.    Welcomes the actions developed under the Safer Internet Action Plan of 25 January 1999
           and calls on the Commission to continue and expand these actions after 31 December
           2002;

     3.    Reminds the Member States of their obligations under Articles 34, 35 and 36 of the UN
           Convention on the Rights of the Children of 20 November 1989 to protect children from
           all forms of exploitation prejudicial to the child's welfare;

     4.    Calls on the Member States to continue to promote application of the Recommendation in
           question, and to set up hotlines for complaints about illegal or harmful content and to
           launch publicity campaigns to draw the attention of consumers, and in particular parents,
           to the risks;

     5.    Reiterates its conviction that the protection of minors from exposure to content which,
           while it may be lawful may nevertheless be harmful to minors, is primarily the
           responsibility of their legal guardians and underlines the importance of campaigns to
           educate children and their legal guardians in the appropriate use of the audiovisual media;

     6.    Recommends the Member States consult consumers’ groups, voluntary associations and
           non-governmental organisations and involve these more closely in the implementation of
           the Recommendation;

     7.    Welcomes the development of the Internet Content Rating Association and its
           development of a rating system that can reflect regional and individual values;

     8.    Asks the Commission to continue to work closely with content providers and consumer
           organisations to monitor guidelines in particular for online services, the efficiency of
           codes of conduct and self-regulatory approaches so as to ensure the highest standards of
           protection for minors;

     9.    Welcomes the emergence of service providers’ self-regulation facilities in the Member
           States, reiterates the need for such arrangements and calls on the Commission to promote
           and support networking and exchange of experience between self-regulation facilities in
           the Member States;

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10.   Notes that technical measures cannot be a substitute for the liability of service providers
      for the content for which they are responsible, and that consequently a legal duty for
      service providers to comply with certain provisions, with a view to protecting minors
      from harmful content, is unavoidable;

11.   Calls on Member States to continue promoting the rating of video games through self-
      regulatory mechanisms set up by industry as the preferred option, but otherwise by the
      introduction of agreed minimum standards for content and promotion, and to make users
      aware of this by means of wide-ranging information campaigns;

12.   Calls on the Commission to promote the creation of user-friendly content filter systems at
      affordable prices, so as to provide effective support for parental control both over the use
      of the Internet and over audiovisual media;

13.   Calls on the Member States to develop an approach which establishes common criteria for
      a comparable description of audiovisual content with the help of service providers,
      consumers, national and regional bodies responsible for youth protection, and academic
      circles, though the assessment of content should – not least in the light of cultural
      differences – remain the preserve of national or regional authorities while assessment
      systems for the various media should be better coordinated;

14.   Calls on the Member States to incorporate the teaching of media literacy into the
      educational system as a whole, starting from pre-school, in order to enable consumers to
      use the media in a manner geared to the values of society and to develop a sense of
      judgment in these matters; (media education should particularly be included in the school
      curriculum, so that minors can themselves learn awareness in dealing with media
      products);

15.   Calls on Member States to encourage Internet Service Providers operating on their
      territory to establish 'abuse departments' to which members of the public may complain
      about harmful or illegal content and to draw attention to the existence of these in the user
      agreements they issue;

16.   Believes that cooperation and partnership between the Internet industry, governments and
      national and regional authorities is the most effective way to tackle harmful and illegal
      content on the Internet and is concerned that recent decisions or strategies to block access
      to certain websites may result in the fragmentation of Internet access or the denial of
      access to legitimate content and therefore is not an effective European solution for
      combating illegal and harmful Internet content;

17.   Calls on the Commission to continue to promote application of the Recommendation by
      facilitating the exchange at Community level of experience of, and good practice in, the
      protection of minors in all audiovisual media;

18.   Welcomes the Commission’s intention to support a study of rating of films distributed in
      cinemas, by television, by DVD or by videocassette in the EU and EEA Member States;

19.   Stresses the need for stronger European and international cooperation to combat illegal
      content, and calls on the Commission to that end to develop initiatives and draft

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                                                                                                      EN
           proposals on how to improve cooperation in the field of justice and other cooperation
           between the authorities at European and international level;

     20.   Calls on the Commission to draw up a further report, at an appropriate time and
           preferably before 31 December 2002, on the implementation of the Recommendation,
           calls, further, and in the interest of transparency, for any future report to provide
           descriptions of the implementation of the Recommendation in each Member State;

     21.   Encourages the DVB consortium to work on the development of reliable filter and rating
           systems for digital broadcasting;

     22.   Calls on Member States to monitor the rules for the installation and use of internet chat
           rooms where these threaten the human dignity of minors, and the means whereby these
           are advertised by service providers;

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




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P5_TAPROV(2002)0183

Cooperation with third countries in the field of cooperation
European Parliament resolution on the Communication from the Commission to the
European Parliament and the Council on strengthening cooperation with third countries
in the field of higher education (COM(2001) 385 – C5-0538/2001 – 2001/2217(COS))


The European Parliament,

–     having regard to the Commission Communication (COM(2001) 385 – C5-0538/2001),

–     having regard to Article 149 of the EC Treaty,

–     having regard to its resolution on the Commission Green Paper ‘Education–Training–
      Research: The obstacles to transnational mobility’1,

–     having regard to Council Recommendation 98/56/EC of 24 September 1998 on European
      cooperation in quality assurance in higher education2,

–     having regard to the joint declaration of 19 June 1998 of the Ministers of Education
      meeting in Bologna,

–     having regard to the ALFA programme (academic training in Latin America) based on
      Council Regulation (EEC) No 443/92 of 25 February 1992 on financial and technical
      assistance to, and economic cooperation with, the developing countries in Asia and Latin
      America3,

–     having regard to Council Decision 2001/196/EC of 26 February 2001 concerning the
      conclusion of an Agreement between the European Community and the United States of
      America renewing a programme of cooperation in higher education and vocational
      education and training4,

–     having regard to Council Decision 2001/197/EC of 26 February 2001 concerning the
      conclusion of an Agreement between the European Community and the Government of
      Canada renewing a cooperation programme in higher education and vocational education
      and training5,

–     having regard to the results of a study entitled ‘The globalisation of Education and
      Training: Recommendations for a Coherent Response of the European Union’6,

1
      OJ C 167, 2.6.1997, p. 94.
2
      OJ L 270, 7.10.1998, p. 56.
3
      OJ L 52, 27.2.1992, p. 1.
4
      OJ L 71, 13.3.2001, p. 7.
5
      OJ L 71, 13.3.2001, p. 15.
6
      Academic Cooperation Association (ACA) sponsored by the European Commission, September
      2000.

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                                                                                                     EN
     –     having regard to the final report of 14 December 2001 by the High Level Task Force on
           Skills and Mobility1,

     –     having regard to the statistical data of Unesco, the OECD and Eurostat,

     –     having regard to Rule 47(1) of its Rules of Procedure,

     –     having regard to the report of the Committee on Culture, Youth, Education, the Media
           and Sport and the opinion of the Committee on Foreign Affairs, Human Rights, Common
           Security and Defence Policy (A5-0035/2002),

     A.    whereas Article 149(1) of the EC Treaty provides that the Community shall contribute to
           the development of quality education by encouraging cooperation between Member
           States and, if necessary, by supporting and supplementing their action,

     B.    whereas Article 149(3) of the EC Treaty provides that the Community and the Member
           States shall foster cooperation with third countries and the competent international
           organisations in the field of education,

     C.    whereas cooperation in the field of education favours good neighbourly relations and
           reciprocal understanding between peoples, which is the indispensable basis for the
           development of any civil society in today’s multi-ethnic, inter-religious world,

     D.    whereas a number of Member States are now making great efforts to acquire
           internationally competitive systems of higher education, which should always be directed
           towards more extensive coordination at European level,

     E.    whereas, with the declarations of Bologna (1999) and Prague (2001), the Ministers of
           Education of 32 European countries made progress towards the European harmonisation
           of higher education diplomas, but where this needs to be consolidated by national
           measures,

     F.    whereas many Member States of the European Union have set themselves the target of
           increasing the number of foreign students attending their higher education establishments,

     G.    whereas the European Council, at its special meeting in Tampere on 15 and 16 October
           1999, affirmed that the European Union must ensure fair treatment of third country
           nationals who reside legally in its Member States, and that a more vigorous integration
           policy should aim at granting them rights and obligations comparable to those of EU
           citizens; whereas to this end legally-resident third country nationals who are participating
           in Community student exchange programmes ought to benefit from the provisions of the
           acquis communautaire regarding free movement and equal treatment, and whereas
           proposals from the Commission on this subject are therefore eagerly awaited,

     H.    having regard to the absence of statistics concerning international and European mobility
           and the lack of harmonisation of definitions concerning students,



     1
          European Commission, DG Employment and Social Affairs.

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I.    whereas ‘spontaneous’ mobility, i.e. that of individuals, is not enough by itself to satisfy
      the demand for international mobility in higher education, and mobility programmes are
      thus as important as ever,

J.    whereas for years the United States have been admitting more foreign students than all
      the Member States of the European Union,

K.    whereas three-quarters of foreign students who come to study in the European Union
      pursue their studies in the countries which offer the best educational and cultural
      opportunities in an international environment,

L.    whereas for students who are internationally mobile, a knowledge of the language of
      instruction of a given programme of study is a decisive factor in the choice of place of
      study,

M.    whereas the academic level of study programmes, the rules on the recognition in the
      country of origin of the results obtained and diploma awarded, the cost of both studying
      and accommodation, different administrative arrangements, procedures which are often
      lengthy, and the possibility of receiving aid for mobility and conditions governing
      residence are other decisive elements which influence a student’s choice of place of
      study,

N.    whereas in order to promote international student mobility, care must be taken to improve
      access to and dissemination of information concerning the courses of study available in
      the Member States of the European Union,

O.    whereas the highest possible number of young people, whatever their origins, family
      backgrounds or financial resources, should be offered the chance to participate in the
      European Union's exchange programmes, and whereas one method for achieving this
      would be the provision of financial aid as part of the exchange programmes, to be
      payable, as far as possible, in addition to national grants,

P.    whereas e-learning could be a first step towards making mobility a reality for students and
      teachers from the EU and third countries,

Q.    whereas there are many EU programmes concerning cooperation with third countries in
      the field of higher education, and whereas these programmes cover practically all the
      countries and regions of the world, the funds available under this cooperation are,
      however, limited,

R.    whereas the cooperation programmes with the United States and Canada, like the ALFA
      programme relating to cooperation with Latin America, focus on multilateral and
      institutional cooperation and could serve as models for this type of cooperation in the
      future,

S.    whereas cooperation in the field of higher education could play an important part in
      shaping the EU strategy for development cooperation,

T.    whereas intensifying cultural cooperation programmes with third countries can, within the
      framework of development cooperation, contribute to achieving a very wide range of

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                                                                                                       EN
           objectives, such as improving the living standards of many peoples and raising the
           poverty threshold,

     U.    whereas as regards student mobility Member States must guarantee reliable conditions for
           entry and residence for study purposes; whereas such conditions must guarantee high-
           quality education and teaching structures which match the needs of foreign students,

     General considerations

     1.    Welcomes the Commission’s initiative to initiate a debate on international cooperation in
           higher education, but considers that the communication under review does not provide an
           adequate analysis of the situation and that the goals set and the measures envisaged must
           be further specified and substantiated;

     2.    Calls on the Commission and the Member States, in liaison with Eurostat and
           international organisations such as the OECD and Unesco, to seek to bring the basic
           definitions and the principal indicators in the higher education sector closer together in
           order to pursue their cooperation in the field of gathering and processing data concerning
           international mobility in that sector;

     3.    Looks forward to and welcomes the imminent publication of the Commission’s
           communication on higher education and development since it considers education to be
           one of most significant factors in helping to eradicate poverty in the world;

     4.    Calls on the Member States to strengthen cooperation in the cultural sphere, paying
           particular attention to regions where conflicts or poverty have resulted in difficult living
           conditions;

     Guaranteeing the quality of higher education

     5.    Considers that the Union must provide high-quality education in order to ensure greater
           competitiveness in the international training market and that it must cooperate to improve
           quality and expand admission reception facilities in European higher education
           establishments;

     6.    Calls on the Commission and the Member States to include e-learning in their efforts to
           ensure cooperation with third countries in the field of higher education;

     7.    Recommends that the Commission and the Member States consider introducing a
           European quality label covering a whole range of transnational teaching modules;

     8.    Recommends that the Commission and the Member States should monitor the increase in
           misleading advertising about studies and the recognition of qualifications in other
           countries which firms are issuing in order to make profits;

     Measures to internationalise higher education establishments

     9.    Recommends that the Member States systematically establish foreign language teaching
           in all areas of study in higher education;


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10.   Recommends that Member States systematically offer foreign students courses by which
      they may learn the language of the host country;

11.   Calls on the Commission to continue improving and promoting the European Credit
      Transfer System (ECTS);

12.   Recommends that Member States encourage universities to provide more information on
      the opportunities for study in third countries;

13.   Calls on the European Union to promote the establishment of joint courses of study
      between universities in the Member States leading, wherever possible, to the award of
      joint diplomas;

14.   Considers that the European Union should encourage coordination, exchanges of
      experience and good practice between the Member States in disseminating information on
      the quality of the higher education establishments in the European Union and on their
      courses at international level, together with student admission opportunities;

15.   Calls on the Commission and the Member States to involve developing countries in
      particular in closer cooperation with third countries in the field of higher education;

European Union programmes and the promotion of European higher education

16.   Calls on the Commission, after conducting a survey of existing programmes, to propose
      new programmes of international cooperation in the field of higher education;

17.   Considers that future guidelines should take into account the fact that student mobility is
      in principle only one aspect of the cooperation programmes and that exchanges of
      teachers, the drawing up of joint study programmes and the development of systems for
      the reciprocal recognition of courses of study and diplomas are also of the utmost
      importance;

18.   Considers that until higher education and university courses and university degrees are
      automatically recognised, there will be no genuine free movement for students and
      graduates within the European Union;

19.   Recommends that the Commission endeavour to reach a common agreement on a
      European university label for modules offered at higher education establishments which
      are recognised for the quality of their teaching and the facilities they provide for
      admitting students from third countries;

20.   Considers that this European university label could be awarded to modules offered by
      European higher education establishments which, on the basis of the principles of the
      Erasmus and ECTS programmes, cooperate with one or more higher education
      establishments from third countries;

21.   Calls on the Commission to examine, in close consultation with the European University
      Association, the possibility of setting up a group of independent international experts,
      which would have the task of awarding this European university label to modules offered


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                                                                                                       EN
           by higher education establishments recognised for the quality of their teaching and of
           their facilities for admitting foreign students;

     22.   Hopes that the Commission will look into the feasibility of enabling the establishments
           concerned to receive incentive funding from the European Union to back up national
           funding (from local authorities, companies, multilateral partner organisations);

     23.   Calls on the Commission, with the participation of the Member States, to conduct an
           objective study on students’ preferences and needs regarding countries and languages, so
           that its international cooperation activities in the field of higher education in the European
           Union may focus on real demand as demonstrated by this study, and, in this connection,
           to submit to the European Parliament and the Council proposals on strengthening existing
           programmes or launching pilot projects along the line of the above proposals; emphasises,
           however, the particular importance of the Mediterranean region, following the decision of
           the Ghent European Council;

     24.   Urges the Member States not to overlook, in their cultural cooperation programmes, the
           importance that strengthening cooperation in the higher education sector represents for
           the Mediterranean area countries, for which Parliament has already drawn up a common
           strategy;

     25.   Points out that these countries represent ancient and diverse cultures and civilisations that
           require well-qualified human resources for their development;

     26.   Asks the Commission to include, within the scope of its pre-accession assistance and
           programmes, funding for developing cultural partnerships between Member States and
           candidate countries;

     27.   Urges the Commission to provide, in its programmes for reconstruction and development
           assistance, and in projects intended to support the transition towards market economies
           and strengthen democracy, for initiatives to enable third countries and Member States
           jointly to develop training programmes, student exchanges and scholarships, and
           vocational integration grants for those who intend to return to their country of origin as a
           means of brain-drain prevention;

     28.   In view of the events of 11 September 2001 and the need for greater dialogue between
           civilisations, calls on the Commission to launch a student exchange programme with third
           countries in different parts of the world which, by means of vocational, academic, cultural
           and political immersion, champions the values of tolerance and the free exchange of ideas
           and knowledge;


                                                        o
                                                    o       o


     29.   Instructs its President to forward this resolution to the Council, the Commission, the
           governments and parliaments of the Member States and to the governments of the
           candidate countries.


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EN
P5_TAPROV(2002)0184

Second United Nations World Assembly on Ageing (Madrid, 8-12 April 2002)
European Parliament resolution on the Second United Nations World Assembly on
Ageing (Madrid, 8-12 April 2002)

The European Parliament,

–     having regard to United Nations Resolution 46/91 of December 1991 on Principles for
      Older People, which supports the rights of older people to participation, dignity,
      independence, personal fulfilment and care,

–     having regard to the EU Charter of Fundamental Rights, in particular Article 25 thereof,
      which recognises and respects the right of ‘the elderly to lead a life of dignity and
      independence and to participate in social and cultural life’,

–     having regard to Article 13 of the Treaty, which outlaws discrimination on grounds of
      age,

–     having regard to the ILO’s Older Workers Recommendation (R 162) of 1980,

–     having regard to the work of the Preparatory Committee for the Second World Assembly
      on Ageing,

–     having regard to its resolution of 17 May 2001 on the Commission Communication to the
      Council, to the European Parliament and to the Economic and Social Committee "The
      Future Evolution of Social Protection from a long-term point of view: safe and
      sustainable pensions" (COM(2000) 622 - C5-0011/2001 - 2001/2003(COS))1,

–     having regard to the conclusions of the Stockholm, Göteborg, Laeken and Barcelona
      European Councils on pensions and employment,

–     having regard to the European Parliament initiative which resulted in the holding of a
      successful European Year for Older People and Solidarity between Generations,

A.    whereas 5.1% of the population in developing countries is aged over 65, and this is set to
      rise to 6.5% by the year 2015, representing an absolute increase of 52% (US Census
      Bureau),

B.    whereas within the EU people aged 60 or over account for 21.5 % of the population and
      whereas by 2020 a 30% increase is expected in this age group and a 40% increase in the
      group aged 80 or over (Old Age in Europe, MISSOC-Info, June 2001),

C.    whereas the United Nations Second World Assembly on Ageing will be held in April
      2002, and whereas this provides an opportunity for issues associated with ageing to be
      recognised both in industrialised countries and in the developing world,
1
      OJ C 34 E, 7.2.2002, p. 362.

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     D.    whereas the ageing of society is too often seen in both industrialised and developing
           countries in negative terms, i.e. in terms of challenges to the age structure of the labour
           force and the sustainability of social protection and health care schemes and as a drain on
           family resources in developing countries, whereas in fact older people offer key
           community and family support,

     E.    whereas this image fails to do justice to the enormous cultural and professional resource
           represented by older and retired people, and whereas the vast contribution they make to
           society, often in a voluntary capacity, is too often overlooked,

     F.    whereas a change of attitude is needed if society is to become a society for all ages,
           bearing in mind the distinction within European societies between those belonging to the
           third age, who live healthy, active and independent lives and who should participate fully
           in the society they live in, and those belonging to the fourth age, whose independence and
           health is more fragile and who deserve specific attention and care in order to live
           dignified lives,

     G.    having regard to the rights of older citizens to full participation in whatever society they
           live in, and recognising the barriers faced by older people throughout the world to
           employment, income support and community development programmes, all of which
           must be addressed,

     H.    whereas migration from the developing world is leading to a drop in family support, so
           that the problem of isolation of older people is worsening; and whereas shifts in family
           patterns resulting from social changes is causing isolation and social exclusion in the
           European Union,

     I.    whereas the eradication of poverty in old age throughout the word is a fundamental aim of
           the International Strategy for Action on Ageing, and whereas there is an essential need to
           incorporate the age dimension into poverty indicators and measures, in both the EU and
           the developing world,

     J.    whereas access to healthcare for all and a good standard of physical and mental health and
           social well-being is a basic human right,

     K.    whereas exclusion of older people from HIV/AIDS programmes in developing countries
           results in a lack of testing for those over 49, so that HIV in older people usually goes
           undetected or is misdiagnosed; having regard also to older people’s critical role in the
           care of people living with AIDS and their orphaned grandchildren and their potential role
           as educators and players in HIV prevention in developing countries,

     L.    whereas abuse against older people in all its forms is prevalent throughout the world,
           including in the EU, and whereas violence against older people must be condemned in the
           strongest of terms as an infringement of their most basic human rights,

     M.    whereas women outlive men in all societies and, as populations age, the number of older
           women will increase; and whereas older women are particularly vulnerable in the
           developing world,


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N.    whereas, in order to establish an inclusive society for all ages, the general principles to
      support it must be translated into specific guidelines and international and national plans
      of action based on a long-term strategy for ageing, including compliance with
      International Labour Organisation conventions, especially those relating to the
      development of social protection and tackling discrimination, with provision being made
      for regular evaluations,

O.    whereas older people cannot be thought of as a homogeneous group, and the diversity of
      older people must be respected and taken into consideration through specific policies as
      far as individual needs are concerned,

P.    whereas various estimates concerning demographic change in the Member States show
      divergences of up to 60%, which show that forecasts of social developments over a period
      of fifty years should be treated with caution and can under no circumstances be
      considered as ‘established findings’,

Q.    whereas there is an essential need to incorporate the age dimension into poverty indicators
      and interventions,

R.    whereas ageing of populations is poised to become a major issue in developing countries,
      whose populations are projected to age swiftly in the first half of the twenty-first century;
      whereas developed countries have been able to age gradually, but developing countries
      face the challenge of simultaneous development and ageing of the population,

S.    whereas the aim of the International Strategy for Action on Ageing 2002 is to ensure that
      people everywhere are able to age with security and dignity and to continue to participate
      in their societies as citizens with full rights, particularly through the use of new
      technologies,

1.    Calls on the Commission, the Council and the Member States to actively support at the
      Second UN World Assembly on Ageing an international action strategy and a clear
      commitment towards a society for all ages (by allocating adequate political and financial
      means), based on solidarity between generations, a positive image of living longer, older
      people’s contribution to the well-being of society and the active role they continue to play
      in the family and community; believes that the right of older people to be actively
      involved in public life, to democracy and to equality needs be implemented by urgent,
      concrete and ambitious actions at all levels;

2.    Calls on the Council and the Commission to mainstream ageing issues in all relevant
      policy areas and to include older people in all relevant European social, economic and
      development cooperation policies and programmes on the basis of the UN Principles for
      Older Persons;

3.    Calls on the EU institutions and the Member States to preserve and strengthen the
      European social model, and in particular to develop legal, cohesive social protection
      systems based on universality and solidarity within and between generations;

4.    Reiterates its opinion that it is necessary to step up the fight against all forms of
      discrimination on the labour market, in particular discrimination against older workers,
      and to encourage, through refresher and vocational retraining measures, including new

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           technologies, and through changes in the organisation of work and working hours, and
           industrial safety and health protection in keeping with the needs of the elderly, the re-
           entry of persons excluded from the labour market into working life; believes that phased
           retirement schemes are a possible way of presenting older workers’ experience and
           knowledge by handing it down to younger ones;

     5.    Calls on the Member States to assist older persons by promoting self-employment, for
           example by encouraging small and micro-enterprise development and ensuring access to
           credit for older persons, without discrimination relating to gender;

     6.    Reiterates its support for an open method of coordination in the fields of pensions, social
           inclusion and health care, welcomes the Commission’s recent initiatives in these fields
           and expresses the hope that the work undertaken will be pursued in greater depth by the
           Council; reiterates its request to be fully involved in this process;

     7.    Calls on the Commission and Member States to give priority to activities geared to the
           integration of older people in danger of isolation, both within the European Union and
           through their development cooperation policies;

     8.    Calls on the Commission, the Council and the Member States to come forward with
           specific measures aimed at reducing inequalities and poverty among older people, and in
           particular at improving the situation of older women as regards inequality in pension
           payments, and the situation of the very old;

     9.    Calls on the Commission, the Council and the Member States to take measures to ensure
           that the incomes and resources available to older and retired people keep pace with the
           standard of living of society as a whole;

     10.   Draws attention to the particular problems of older migrants and refugees within the EU
           in terms of social integration;

     11.   Calls on the European Union and the Member States to recognise that for many older
           people learning opportunities and access to new knowledge are a valuable aid to
           maintaining physical and mental health and continuing to be active by preserving the
           maximum level of physical, psychological and social autonomy; calls on them also to
           recognise that this represents a means of increasing cross-generational links and social
           cohesion; calls therefore for the principles of ‘active ageing’ to be further developed in
           their policies;

     12.   Draws the Commission’s attention, in the context of its communication on "The future of
           health care and care for the elderly: guaranteeing, accessibility, quality and financial
           viability (COM(2001) 723)", to the vital supportive role of carers for elderly people and
           the need for a major effort to recognise the role of family carers and to give particular
           attention to the accessibility of health care for all and to the quality of services provided;

     13.   Calls on the Commission and Member States to develop and encourage research
           initiatives aimed at gathering data on the situation and needs of older people in European
           society, making clear the difference in the situation of the third age and the fourth age;
           calls on all the institutions and actors involved at worldwide level to increase cooperation
           by developing common research, policy making and programmes, the analysis and

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      processing of statistics, including data disaggregated by sex, age and other factors, and
      regular performance reviews;

14.   Calls on the Commission to present a proposal for a specific action programme on ageing,
      to provide for the establishment of an exchange programme for older people in Europe
      and to appoint a Commission official in charge of these issues within the Directorate-
      General for Employment and Social Affairs;

15.   Calls on the Council and Member States to recognise that the EU needs a broader legal
      base to enable it to promote worthwhile measures to assist older people;

16.   Calls for international assistance to developing countries and those with economies in
      transition to enable them to develop policies to address ageing, and for issues linked to
      ageing to be included in the social aspects of EU enlargement; calls on the Commission to
      issue a communication on the needs of older people in development cooperation; calls on
      the Council and Commission to fund capacity-building measures for older people’s
      organisations in the European Union and developing countries so that they have a strong
      voice and are consulted on matters of concern to them;

17.   Notes that poverty in old age has a strong gender dimension, and that women are more
      likely than men to experience discrimination in access to education, work, income, health
      care and inheritance; points out that sufficient social security schemes including decent
      pensions are particularly important for women, whose entitlement can otherwise be very
      low due to low pay and/or part-time jobs, and may often be interrupted by family
      responsibilities and unemployment;

18.   Notes that access to healthcare for all, and a good standard of physical and mental health
      and social wellbeing, are basic human rights, and calls for the implementation of
      integrated public health care/social services systems which act as enablers for equality of
      access, the free supply of essential medicines worldwide, health promotion, disease
      prevention, action to combat infectious diseases, especially AIDS, the prevention of
      dependency, and wider provision of equitable and dignified home and long-term care
      services;

19.   Emphasises the role played by the social partners in activities, which include bargaining,
      leading to collective agreements on different policies for managing the human resources
      that are older workers in the workplace;

20.   Instructs its President to forward this resolution to the Council, the Commission and the
      United Nations World Assembly on Ageing.




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     P5_TAPROV(2002)0185

     Moldova
     European Parliament resolution on the political situation in Moldova and the
     disappearance of Vlad Cubreacov

     The European Parliament,

     –     having regard to its resolution on the human rights situation in the Republic of Moldova1,

     –     having regard to the Partnership and Cooperation Agreement between the European
           Communities and their Member States and the Republic of Moldova2, signed on 28
           November 1994, and which entered into force on 1 July 1998, and in particular Title I,
           Article 2 thereof, which concerns respect for democracy, the principles of international
           law and human rights, as defined in particular by the Helsinki Final Act and the Charter
           of Paris for a New Europe,

     –     having regard to the European Convention on Human Rights,

     –     having regard to the aid provided by the European Union to Moldova in the framework of
           TACIS,

     A.    noting with the deepest concern the disappearance of Vlad Cubreacov, Member of the
           Moldovan Parliament and of the Moldovan delegation to the Parliamentary Assembly of
           the Council of Europe; expressing in particular its concern about the possible political
           context of his disappearance,

     B.    concerned by the lack of information and explanation by the Moldovan authorities
           concerning the circumstances of the alarming disappearance of Mr Cubreacov,

     C.    noting that Mr Cubreacov is one of the leading figures of the parliamentary opposition
           movement in Moldova and has contributed actively to the organisation of street protests
           against government policies,

     D.    concerned by other alarming disappearances of opposition leaders, for instance Mr. Ivan
           Burgudji, head of the legal department of the People's Assembly of the autonomous
           region of Gagauzia, who disappeared on 7 March 2002 after being beaten and
           apprehended in his office by unidentified civilians carrying automatic weapons,

     E.    noting with deep concern the attempts to curb the opposition by means of the decision to
           lift the parliamentary immunity of Iurie Rosca and Stefan Secareanu and the proposed
           lifting of the immunity of three other Christian Democrat Members of Parliament,
           Valentin Chilat, Viorel Prisacaru and Eugen Garla,



     1
          P5_TA(2002)0132.
     2
          OJ L 181, 24.6.1998, p. 3.

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F.    noting that about 80 000 people took to the streets on 31 March 2002 to demonstrate
      against the government, and expressing its concern that the absence of a sincere dialogue
      between government and opposition will result in the further polarisation of Moldovan
      society,

G.    emphasising once again the great importance of maintaining stability in the region and
      respect for basic human rights and the rule of law, as well as the need to continue the
      process of economic and social reform,

1.    Expresses its great concern over the disappearance of the opposition politician Vlad
      Cubreacov, vice-chairman of the Christian Democratic People's Party, Member of the
      Moldovan Parliament and of the Parliamentary Assembly of the Council or Europe, as
      well as other as yet unsolved disappearances of political opposition leaders, and in
      particular over the fears that his disappearance may be related to political problems in the
      country;

2.    Calls on the Moldovan authorities to carry out a full, thorough and independent
      investigation into the disappearance of Mr Cubreacov and other opposition politicians and
      to provide information regularly and openly on the state of affairs as regards the ongoing
      investigations;

3.    Calls on the Council and the Commission to make every effort to find Mr Cubreacov safe
      and sound and to monitor closely, with the OSCE and the Council of Europe, the human
      rights situation in Moldova;

4.    Calls once again on the government of Moldova to abide by basic democratic rules and
      procedures and to guarantee respect for fundamental human rights and the rule of law and
      calls on the governing party not to abuse its political majority in order to dissolve the
      democratic opposition;

5.    Urges the Moldovan Parliament to review immediately its decision to lift the
      parliamentary immunity of Iurie Rosca and Stefan Secareanu and not to proceed with the
      lifting of the immunity of three other Christian Democrat Members of Parliament,
      Valentin Chilat, Viorel Prisacaru and Eugen Garla,

6.    Expresses its great concern that the right of demonstration as used by a large number of
      Moldovan citizens to show their disagreement with the government's policies is
      accompanied by threats of punishment by the Prosecutor-General; points out that the right
      of demonstration is a basic democratic right and a legitimate instrument of protest against
      the policies of a government; stresses, in this context, that the approximately 80 000
      people who took to the streets on 31 March 2002 demonstrated their political will in a
      peaceful way;

7.    Urges the Moldovan government and the opposition not to take any steps that may further
      endanger the social and political stability of the country and to start a dialogue on ways
      and means to overcome the existing conflict and to continue the process of economic and
      social reform as a way of demonstrating the sincerity of its international commitments
      and ambitions;



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     8.    Emphasises the great importance of maintaining stability in the region and urges the
           government of Moldova to make visible efforts to resolve the political crisis and to return
           to a course of political stability;

     9.    Urges the governments of Romania and the Russian Federation not to interfere in the
           Republic of Moldova’s delicate domestic political situation and to give their fullest
           support, together with the European Union and other European bodies, to the stable and
           peaceful development of all the countries in the region;

     10.   Instructs its President to forward this resolution to the Council, the Commission the
           government and parliament of Moldova, the OSCE, the Council of Europe and the
           governments of Romania and the Russian Federation.




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P5_TAPROV(2002)0186

Burma/Myanmar
European Parliament resolution on Burma/Myanmar

The European Parliament,

–     having regard to its previous resolutions on Burma, in particular its resolutions of
      16 September 19991, 18 May 20002, 7 September 20003, 16 November 20004 and 4
      October 20015,

–     having regard to Common Position 96/635/CFSP of 28 October 1996 defned by Council
      on the basis of Article J.2 of the Treaty on European Union, on Burma/Myanmar6 and
      Council Common Position 2001/757/CFSP of 29 October 20017 extending and amending
      it,

–     having regard to Council Regulation (EC) No 552/97 of 24 March 1997 temporarily
      withdrawing access to generalised tariff preferences from the Union of Myanmar8,

–     having regard to Council Regulation (EC) No 1081/2000 of 22 May 2000 prohibiting the
      sale, supply and export to Burma/Myanmar of equipment which might be used for
      internal repression or terrorism and freezing the funds of certain persons related to
      important governmental functions in that country9,

A.    whereas 27 May 2002 marks the twelfth anniversary of the general elections in Burma
      which gave Aung San Suu Kyi’s National League for Democracy 82% of the
      parliamentary seats,

B.    whereas Aung San Suu Kyi, who entered into talks with the ruling State Peace and
      Development Council (SPDC) in October 2000 to resolve the country’s political
      problems, is still under house arrest,

C.    noting that in the light of the Troika’s visit the Burmese military government has released
      25 women prisoners,

D.    whereas there are still over 1,000 political prisoners in various jails in Burma, who are
      subject to various forms of mistreatment and torture and who have no access to adequate
      food and healthcare facilities,

1
      OJ C 54, 25.2.2000, p. 111.
2
      OJ C 59, 23.2.2001, p. 284.
3
      OJ C 135, 7.5.2001, p. 283.
4
      OJ C 223, 8.8.2001, p. 335.
5
      OJ C 87 E, 11.4.2002, p. 263.
6
      OJ L 287, 8.11.1996, p. 1.
7
      OJ L 286, 30.10.2001, p. 1.
8
      OJ L 85, 27.3.1997, p. 8.
9
      OJ L 122, 24.5.2000, p. 29.

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     E.    whereas in November 2001 the UN General Assembly expressed its concern at the slow
           progress of the talks between the SPDC and Aung San Suu Kyi, urged the SPDC to
           increase confidence-building measures to ensure the irreversibility of the process towards
           democracy and deplored the continued human rights violations, particularly those directed
           against persons belonging to ethnic and religious minorities and women, in Burma and
           the denial of religious freedom,

     F.    noting that little progress has been made with regard to political reform,

     G.    whereas the ILO mission to Burma in February 2002 was denied access to Aung San Suu
           Kyi and reported that the ruling military regime had ‘effectively blocked international
           efforts to halt the army’s use of forced labour’, despite promises by the SPDC to eradicate
           this practice,

     H.    whereas the EU Troika to Burma scheduled for December 2001 was finally able to visit in
           March 2002,

     I.    whereas the Council is due to review its Common Position at the end of April 2002,

     J.    whereas the visit to Burma by the UN Special Envoy Tan Sri Razali Ismail, also
           scheduled for March 2002, was postponed by the SPDC,

     K.    whereas the UN Special Envoy to Burma, Razali Ismail, has also strongly criticised the
           slow progress of the dialogue between the junta and the democratic opposition,

     L.    whereas the Burmese army is still continuing to perpetrate gross human rights abuses
           against the ethnic minority civilian population, such as the Arakan, Chin, Kachin, Karen,
           Karenni, Shan and Mon peoples, including beatings, rape, destruction of food supplies,
           forced relocations, forced labour, torture, extrajudicial summary executions and
           disappearances,

     M.    whereas in December 2001 in Oslo the ethnic minority leaders offered jointly to enter into
           a nationwide ceasefire and negotiate a peaceful political settlement with the National
           League for Democracy and the SPDC through a ‘Tripartite Dialogue’ based on the
           principles of the 1947 Panglong Agreement - equality, voluntary participation and
           democracy,

     N.    whereas European investment in Burma is significant, particularly in the oil and gas
           industry,

     O.    whereas all foreign investment in Burma takes place through military-backed companies,

     P.    whereas the International Federation of Chemical, Energy, Mine and General Workers’
           Unions has called on oil and gas companies ‘to cease investment in Burma while the use
           of forced labour continues’,

     Q.    whereas the International Confederation of Free Trade Unions (ICFTU) has called for
           economic sanctions against Burma and has published a list of companies investing in
           Burma,

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1.    Welcomes the continued attention of the UN and the UN Special Envoy Razali Ismail to
      the talks between Aung San Suu Kyi and the SPDC;

2.    Urges the SPDC to take advantage of the recent events in Burma to speed up the process
      of dialogue with Aung San Suu Kyi and move beyond the confidence-building stage;

3.    Urges the SPDC to demonstrate convincingly its intention to bring about national
      reconciliation by initiating a broader dialogue and promoting further progress towards
      democratisation;

4.    Urges the SPDC especially to respond to the offer to enter into a nationwide ceasefire and
      negotiate a political settlement by the ethnic minority leaders based on the principles of
      the 1947 Panglong Agreement;

5.    Urges the SPDC to release Aung San Suu Kyi immediately and unconditionally from
      house arrest, and to stop the restriction of movement and association of other Burman or
      ethnic minority political leaders;

6.    Welcomes the release by the SPDC of some political prisoners but urges the military
      government to release the more than 1000 remaining political prisoners without
      preconditions, starting immediately with those who have already completed their
      sentences;

7.    Urges the SPDC to improve the appalling conditions in prisons and labour camps, and to
      ensure that prisoners have access to adequate food and healthcare facilities;

8.    Stresses the need to implement strictly the law of October 2000 banning the use of forced
      labour and to ensure that this widespread practice is actually stopped, and urges the SPDC
      to allow the ILO to establish a long-term representation in Burma and create an
      ombudsman;

9.    Calls on the Commission to ensure that support for humanitarian aid to the areas most in
      need is delivered without political interference by the military, and that international
      NGOs are involved;

10.   Supports the EU’s increased contribution to the UN’s Joint Plan of Action Programme to
      combat the spread of AIDS in Burma/Myanmar;

11.   Urges the SPDC to put an immediate end to all human rights violations committed by the
      Burmese army, the Military Intelligence Services, the police and other security forces,
      including the widespread practices of torture, forced relocations, forced labour, and
      extrajudicial and summary executions, and to bring those responsible to justice;

12.   Wishes to facilitate and promote a conference of ethnic minorities to allow the latter to
      contribute to the consultations between the junta and the democratic opposition;

13.   Calls on the Council to maintain the current sanctions against Burma in its Common
      Position and, in the event that further progress fails to be made in the next six months in


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           the dialogue between the military junta and the democratic opposition, to strengthen
           economic sanctions and consider an investment ban;

     14.   Calls on the Commission to consider bringing the case of the continued widespread use of
           forced labour in Burma to the attention of the World Trade Organisation, which pledged
           in its Singapore Ministerial Declaration of December 1996 to renew its ‘commitment to
           the observance of internationally recognised core labour standards’;

     15.   Calls on the governments of India, China, Japan and the ASEAN countries to express
           themselves more explicitly in favour of promoting democratisation and reconciliation in
           Burma;

     16.   Instructs its President to forward this resolution to the Council, the Commission, the
           ASEAN member states, the governments of India, China and Japan, the National League
           for Democracy, Aung San Suu Kyi and the UN Secretary-General.




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P5_TAPROV(2002)0187

Indigenous minorities in Vietnam and closure of the refugee camps in
Cambodia
European Parliament resolution on indigenous minorities in Vietnam and closure of the
refugee camps in Cambodia

The European Parliament,

–     having regard to its resolutions of 19 January 1995 on the human rights situation in
      Vietnam1, of 15 May 1997 on human rights in Vietnam2, of 12 March 1998 on
      Cambodia3, of 16 November 2000 on Vietnam4 and of 5 July 2001 on religious freedom
      in Vietnam5,

–     having regard to the UN Convention on the Status of Refugees of 1951 and its 1967
      Protocol,

–     having regard to the UN Covenant on Civil and Political Rights of 1966,

–     having regard to the 1995 Cooperation Agreement between the European Union and
      Vietnam,

–     having regard to the Tripartite Agreement signed on 21 January 2002 between Cambodia,
      Vietnam and the UNHCR,

A.    whereas Cambodia is a party to the 1951 Convention relating to the Status of Refugees,
      which prohibits forcible repatriation of asylum seekers to a country where their life or
      freedom may be threatened,

B.    whereas Vietnam and Cambodia as parties to the International Covenant on Civil and
      Political Rights (ICCPR) are obliged to uphold the freedoms of speech, association,
      religious belief and worship,

C.    concerned by the continued persecution of indigenous minorities from Vietnam's Central
      Highlands - known as Montagnards - since the demonstrations that took place in February
      2001 in protest against the confiscation of their ancestral land, the influx of lowland
      Vietnamese settlers taking their agricultural land, the lack of freedom of worship for the
      members of the unauthorised evangelical protestant churches and the denial of basic
      rights and freedoms, including education and their native languages,

D.    whereas the ‘Moïs’ have a specific linguistic and ethnic identity which they wish to see
      respected in a context of autonomy,
1
      OJ C 43, 20.2.1995, p. 86.
2
      OJ C 167, 2.6.1997, p. 154.
3
      OJ C 104, 6.4.1998, p. 233.
4
      OJ C 223, 8.10.2001, p. 337.
5
      OJ C 65 E, 14.3.2002, p. 369.

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     E.    whereas the Cambodian authorities have always been reluctant to grant them political
           asylum and now wish to close the refugee camps and authorise their occupants to seek
           asylum in third countries, particularly the United States,

     F.    having regard to the demographically driven movement of Vietnam’s population in the
           direction of Vietnam’s Central Highlands and Cambodia, despite the fact that the
           resources available to Cambodia make it ill-equipped to deal with this influx,

     G.    whereas the Tripartite Agreement between the UNHCR, Cambodia and Vietnam provided
           for repatriation under the auspices of the UNHCR of the approximately 1,000
           Montagnards who fled to Cambodia as a consequence of violations of their human rights
           and are currently sheltered at the two UNHCR sites in Mondolkiri and Ratanakirimore,

     H.    deeply concerned by the decision of the Cambodian and Vietnamese Governments to
           attempt to implement the repatriation agreement bilaterally before this year’s rainy
           season, as well as the refusal by the Vietnamese Government to permit UNHCR
           monitoring teams to visit the villages of potential returnees,

     I.    whereas the consequent withdrawal of UNHCR from the Tripartite Agreement and the
           termination of its involvement with the repatriation process leave the asylum seekers
           exposed to the risk of undue influence, intimidation and coercion to return to Vietnam,

     J.    whereas in the past year more than 200 refugees have been forcibly returned to Vietnam
           by the Cambodian provincial authorities, with some of them being detained and beaten by
           the Vietnamese authorities on their return,

     K.    whereas respect for human rights and democratic principles is an essential element in the
           1995 EC-Vietnam cooperation agreement, as well as in the 1999 EC-Cambodia
           cooperation agreement,

     1.    Calls on all parties (Cambodia, Vietnam and the UNHCR) to seek a lasting solution to the
           plight of the Montagnard asylum seekers;

     2.    Urges the Cambodian Government to uphold its obligations as a signatory to the 1951
           Refugee Convention, in particular by ensuring that any repatriation of Montagnards to
           Vietnam is conducted on a voluntary basis, and by guaranteeing that asylum seekers
           arriving in Cambodia are not denied their basic right of asylum;

     3.    Calls for the suspension of the repatriation programmes until firm guarantees are given by
           both governments that the returns are completely voluntary and the lives of the
           Montagnards concerned will not be threatened once they are back in Vietnam;

     4.    Calls on the Government of Vietnam to end the arbitrary detention of highlanders who
           have returned from Cambodia to Vietnam either voluntarily or against their will;

     5.    Calls on the Commission to help the Vietnamese authorities to develop their country in
           such a way as to put an end to the economic exodus of its population;




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6.    Calls on the Commission to assist the Government of Vietnam in its programme to reduce
      poverty and improve living conditions in the Central Highlands region;

7.    Calls on the Government of Vietnam to allow UNHCR staff access to Vietnam's Central
      Highlands to monitor the situation of returning asylum seekers, and on the parties to the
      Tripartite Agreement to resume their cooperation, in particular by allowing UNHCR to
      station monitors in the region with a view to conducting visits before, during and after
      any repatriation;

8.    Calls on the Vietnamese Government to release unconditionally all persons in the Central
      Highlands who are being detained for peacefully expressing their political or religious
      beliefs, including protestant church activists and supporters of the highland independent
      movement;

9.    Calls for Vietnamese nationals not to be repatriated against their will; calls on the
      Commission to assist the Government of Cambodia with receiving people coming from
      Vietnam;

10.   Calls on the Member States to offer shelter to some of the Vietnamese refugees;

11.   Instructs its President to forward this resolution to the Council, the Commission, the
      Government of the Socialist Republic of Vietnam, the Government of the Kingdom of
      Cambodia, ASEAN and the UN.




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                                                                                                    EN
     P5_TAPROV(2002)0188

     Human rights: Violation of human rights in Nigeria
     European Parliament resolution on the violation of human rights, specifically women's
     rights, in Nigeria

     The European Parliament,

     –     having regard to its previous resolutions of 15 November 20011 and 15 February 20012 on
           human rights in Nigeria,

     –     having regard to the European Parliament’s appeals for clemency for Safiya Hussaini and
           Hafsatu Abubakar,

     –     having regard to the resolution adopted by the ACP-EU Joint Parliamentary Assembly on
           21 March 2001 on the situation in West Africa, with particular reference to the paragraphs
           on Nigeria,

     –     having regard to the EU Council statement of 27 March 2002, which 'welcomes the
           acquittal of Safiya Hussaini by the Sokoto Sharia Court of Appeal',

     –     having regard to the current 58th session of the UN Commission on Human Rights in
           Geneva from 18 March to 26 April 2002 and its probable conclusions,

     –     having regard to its resolution of 7 February 2002 on the EU's rights, priorities and
           recommendations for the 58th session of the UN Commission on Human Rights in
           Geneva3,

     –     having regard to the international human rights covenants ratified by Nigeria, particularly
           the International Covenant on Civil and Political Rights, the Convention on the
           Elimination of All Forms of Discrimination against Women and the African Charter on
           Human and Peoples’ Rights,

     –     having regard to the Nigerian Constitution as amended in 1999,

     A.    considering the acquittal on 25 March 2002 of Safiya Hussaini by the Sokoto Sharia
           Court of Appeal and the earlier acquittal of 18-year-old Hafsatu Abubakar on 24 January
           2002, but emphasising that all Ms Hussaini's and Ms Abubakar's human rights must be
           guaranteed so that they can fully reintegrate into Nigerian society,

     B.    whereas the Nigerian Islamic law court at Bakori in Katsina State sentenced Ms Amina
           Lawal - a 35-year-old woman from the village of Kurami - to death by stoning after she
           confessed to having had a child while divorced, but acquitted the man involved,


     1
          OJ C 276, 1.10.2001, p. 284.
     2
          Texts Adopted, Item 16.
     3
          P5_TA(2002)0057.

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C.    whereas Sokoto and Katsina states are among a dozen states in the country's
      predominantly Muslim north that had introduced strict Islamic Sharia law over the past
      two years, which has serious consequences for civil liberties and respect for human rights,

D.    whereas current legal interpretations of the Sharia penal codes in Nigeria include the
      application of the death penalty, which violates international human rights agreements
      ratified by Nigeria, including the Convention on the Elimination of All Forms of
      Discrimination Against Women, the Convention against Torture and other Cruel,
      Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil
      and Political Rights,

E.    whereas, although Nigeria recognises the legitimacy of Islamic Sharia Courts of Appeal,
      dealing with religious and family matters, alongside a federal court system, it does not
      provide for a Sharia Magistrates' Court, whose very existence is incompatible with the
      supreme law of the land,

F.    whereas the Penal Code of Nigeria explicitly states that assaults committed by a man on
      his wife are not an offence if permitted by customary law, whereas it is also estimated that
      about 60 percent of Nigerian women are subjected to female genital mutilation, and
      whereas there are numerous reports of the organised trafficking of women between
      Nigeria, other West African countries and Europe,

G.    deeply concerned by the rules in Sharia-bound states, compelling women to remain
      indoors at night, segregating the transport system by sex and denying women's equal
      rights in the inheritance of property,

H.    having regard to the efforts undertaken by some northern Governors, especially the
      decision of 29 February 2001 to suspend Sharia law in certain states already enforcing it,
      and to the serious retaliatory attacks that followed,

I.    whereas the Minister of Justice, Bola Ige, who has since been assassinated, described the
      sentence of stoning as ‘cruel and primitive’,

J.    whereas, on 22 March 2002, the international media carried reports about Nigerian Justice
      Minister Godwin Agabi's letter to the 12 northern Nigerian states applying Sharia law
      stating that ‘a Muslim should not be subjected to a punishment more severe than would be
      imposed on other Nigerians for the same offence’ and that any court ‘which imposes
      discriminatory punishment is deliberately flouting the constitution’ (Section 42 (1a)
      which guarantees sexual, religious, ethnic and political freedoms),

K.    whereas Nigeria - Africa's most populous country with 110 million citizens, over 250
      ethnic groups, and a federal structure of 36 states - has been riven by ethnic, religious and
      political tensions which have killed thousands since the 1999 elections that ended 15
      years of military rule and repression,

1.    Welcomes the decision by the Sharia Court of Appeal of Sokoto State, in northern
      Nigeria, to act positively on Safiya Hussaini's and Hafsatu Abubakar's appeals against
      their sentence of stoning to death for adultery, and ordering their acquittals;



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                                                                                                      EN
     2.    Condemns the decision by the Islamic court at Bakori in Katsina State to sentence Amina
           Lawal to death by stoning for having a child while divorced;

     3.    Condemns all forms of religious intolerance and expresses its concern that the
           fundamentalist interpretation and implementation of Sharia Law, in some Nigerian states,
           is contrary to respect for basic human rights and calls on the Federal Government of
           Nigeria to ensure full respect for the constitution and the rule of law;

     4.    Acknowledges the key role played by civil society, particularly human rights and non-
           governmental organisations, and the international media in seeking to ensure that
           Nigeria's constitutional and international agreements are upheld to protect the human
           rights of all Nigerian citizens, whatever their background or religion;

     5.    Urges the European Union and international organisations to provide technical and legal
           assistance during the 30-day period in which Amina Lawal can appeal against this latest
           Sharia ruling;

     6.    Calls on the Nigerian government to ensure that the courts operate in accordance with
           international human rights law and the bill of rights in Nigeria's own constitution;

     7.    Urges the Nigerian federal authorities to guarantee the constitutional right of appeal for
           all Nigerians, and in particular women condemned by Sharia codes, to higher courts both
           at the state and federal levels so that an independent, free and fair judicial system
           prevails;

     8.    Urges the Nigerian Government to undertake further steps in order that all executions are
           halted and the use of the death penalty is ended;

     9.    Expresses its categorical opposition to the death penalty in all circumstances because it
           represents the ultimate violation of the right to life guaranteed by international law;

     10.   Considers that the current practice and many regulations in the new Sharia penal codes
           and Sharia codes of criminal procedure violate many international human rights
           instruments ratified by Nigeria, including the Convention on the Elimination of All Forms
           of Discrimination against Women, the Convention against Torture and other Cruel,
           Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil
           and Political Rights;

     11.   Calls on the Council to open a political dialogue under the Cotonou Partnership
           Agreement with Nigeria so as to support and consolidate Nigeria's pluralistic democracy,
           social and economic justice, and respect for human rights and religious freedoms ahead of
           the 2003 elections;

     12.   Calls on the Commission to provide extra financial and technical aid to strengthen
           Nigeria's legal and democratic structures, including the training of lawyers, judges and the
           police, ahead of the 2003 elections, and to include women in this form of aid;

     13.   Encourages the efforts of the government-appointed National Human Rights Commission
           to investigate past human rights abuses and to promote respect for human rights; regrets,
           however, the fact that it is not allocated enough resources;

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14.   Recognises the pivotal role that Nigeria could play in the future development of
      democracy and trade both in the West African region and in Africa as a whole, in
      particular the creation of the African Union, and trusts that all political and religious
      leaders in Nigeria will seize this chance to end religious, ethnic and political violence;

15.   Instructs its President to forward this resolution to the European Council, the
      Commission, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly, the
      Secretaries-General of the United Nations, the African Union, the Commonwealth, the
      OECD, the Inter-Parliamentary Union and the Organisation of the Islamic Conference,
      the Presidents of the European Investment Bank, the African Development Bank, the
      World Bank and the International Monetary Fund, and the President, Government,
      Parliament and 36 State Governors of Nigeria.




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                                                                                                       EN
     P5_TAPROV(2002)0189

     Human rights: Human rights situation in Guatemala
     European Parliament resolution on the human rights situation in Guatemala

     The European Parliament,

     –     having regard to its earlier resolutions on the situation in Guatemala and, in particular, its
           resolution of 14 June 2001 on human rights in Guatemala1,

     –     having regard to its firm and long-standing commitment in favour of the peace and
           reconciliation agreements in Guatemala,

     A.    concerned at the escalation of intimidation against all those involved in efforts to confront
           impunity - survivors, witnesses, NGOs, journalists, politicians, church figures, rural
           worker leaders - and, in particular, the repeated threats against forensic scientists involved
           in efforts to exhume mass graves, in order to collect evidence for possible prosecutions,

     B.    deeply concerned also at the mounting acts of violence and intimidation against human
           rights activists, trade unionists and members of churches working with the indigenous
           communities, and also against those communities themselves,

     C.    noting that the failure of the Guatemalan legal system to deliver on the compromises of
           the 1996 Peace Accords is a major contributory factor to Guatemala's human rights
           abuses,

     1.    Condemns all acts of violence and intimidation in Guatemala provoked by persons
           wishing to cover up the crimes and atrocities committed during the bloodstained period of
           the civil war, and expresses its deep concern at these acts;

     2.    Deplores the abuses by the alliance of certain national and international economic actors,
           who control newer illegal or 'black' industries such as drugs and arms trafficking, money
           laundering, car theft rings, kidnapping for ransom and illegal use of protected state lands;

     3.    Deplores the fact that women's rights are violated in the workplace, where they are
           frequently subjected to sexual assault and other abuses by their employers, have no right
           to minimum wages or regulated hours, are rarely given access to any employee health
           care system, and are fired in case of pregnancy;

     4.    Calls on the Guatemalan government to assume its responsibilities concerning the control
           and punishment of clandestine groups, the safety of its citizens and the investigation of
           the numerous cases of human rights violations, some of which have been pending for a
           decade, and to act to dissolve the abovementioned groups pursuant to the terms of the
           Peace Accords;



     1
          OJ C 53 E, 28.2.2002, p. 403.

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5.    Repeats its call for the legal authorities to be guaranteed full independence and freedom
      when trying the crimes identified by the Commission for Historical Clarification; stresses
      the need to increase pressure on Guatemala, to demand an end to the civil impunity of
      certain elites and to underscore freedom of expression and the right to disseminate
      information for all citizens, when it is undermined by some groups in the private sector;
      deplores the fact that the extent of corruption in the legal system is preventing the rule of
      law from prevailing in the present circumstances, and considers that a genuine judicial
      personnel and witness protection programme must be established to ensure that
      Guatemala's judicial system operates effectively and equitably;

6.    Urges the official institutions and agencies to cooperate fully with all efforts to clarify
      human rights violations, including those directed against human rights defenders; urges
      that the results of those investigations be made public;

7.    Expresses its support for the Guatemalan people and authorities in their continued
      endeavours to ensure the rule of law and secure the economic, social and political
      development of their country, in the interests of peace and historical reconciliation;

8.    Calls for the immediate launching of a dialogue and for the establishment of negotiating
      structures with a view to a peaceful settlement of the agrarian question, pursuant to the
      Peace Accords;

9.    Calls on the Guatemalan government to undertake the legislative reforms required under
      the Peace Accords, on the basis of a clear timetable, and to allocate the necessary
      resources to social policy and to the reform of the legal system, again as required under
      the Accords;

10.   Calls on the international community to redouble its efforts to press for implementation of
      the human rights elements of the Global Accord on Human Rights;

11.   Instructs its President to forward this resolution to the Council, the Commission, the
      Government of Guatemala, the UN Secretary-General, the Secretary-General of the
      Organisation of American States and the Central American Parliament.




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                                                                                                       EN
     P5_TAPROV(2002)0190

     Human rights: Channel Tunnel
     European Parliament resolution on the issue of refugees and obstruction of rail freight
     through the Channel Tunnel

     The European Parliament,

     –     having regard to the obstruction of freight trains through the Channel Tunnel since
           November 2001 and the complete stoppage of rail freight traffic recurrently over the past
           month because migrants for whom illicit entry is the only way to reach the UK are
           attempting to access the trains,

     –     whereas the main problems at the entrance to the Channel Tunnel are getting worse, in
           spite of a number of joint efforts made by the French and British governments to curb the
           attempts to travel through the tunnel illegally, which are proving ineffective,

     –     having regard to the failure of the French and British authorities to provide adequate
           security for the Calais-Fréthun rail freight terminal,

     –     having regard to the decision of a French court on 1 February 2002 to reject an
           application made by Eurotunnel to seek the closure of the Sangatte refugee centre, which
           is located only about a mile from the freight terminal and the Tunnel entrance,

     –     whereas efforts to resolve these difficulties must address the real causes of this situation,
           namely the presence, close to the Channel Tunnel, of illegal immigrants and asylum-
           seekers who daily, and in large numbers, attempt to travel through the tunnel in order to
           reach the United Kingdom, and having regard to the absence of an appropriate response,

     –     having regard to the single market requirement for free movement of goods between
           Member States and the fact that trains from Italy, Germany, Spain and other Member
           States as well as France and the UK are adversely affected,

     A.    whereas the question of asylum-seekers in the Calais area is not a new problem,
           considering that the British and French governments have been fully aware of the
           worsening situation for over two years and have not taken effective action,

     B.    whereas at least nine people have already died in their attempts to illegally travel through
           the Channel Tunnel and there is a serious risk of further fatalities and accidents in the
           Tunnel,

     C.    whereas the impact of the situation on trade and businesses is deeply damaging, with a
           threat to some 8000 jobs, with business losses of some EUR 12 million a week expected;
           whereas, furthermore, the impact of these developments on private operators such as
           Eurotunnel has been particularly damaging, with EUR 30 million of losses attributed
           directly to the disruption of services and a further EUR 8 million to the cost of extra
           security,


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D.    whereas the inability of rail freight operators to guarantee secure and dependable rail
      shipment between continental Europe and the UK means that 2 250 000 extra lorry
      kilometres are being driven every week, with clear adverse environmental and safety
      implications,

E.    whereas, as they currently stand, national legislation and Community legislation cannot
      provide a satisfactory response to the difficulties connected with the presence of illegal
      immigrants close to the Channel Tunnel, and recognising that a sensible, practical and
      effective approach needs to be adopted by the British and French governments and
      coordinated with other Member States,

1.    Draws attention to the critical and deteriorating situation around the Channel Tunnel,
      which requires urgent action by the authorities concerned to restore normal conditions as
      soon as possible;

2.    Deplores the fact that the Commission, on the basis of Council Regulation (EC) No
      2679/98 of 7 December 1998 on the functioning of the internal market in relation to the
      free movement of goods among the Member States1 (the 'Strawberry' regulation), can
      only intervene in a limited way when major obstructions to the free movement of goods
      occur; urges the Commission and the Member States to take all necessary and
      proportionate measures, without further delay, to ensure the free movement of goods
      through the Channel Tunnel between France and the UK; urges the Commission to draw
      up proposals to strengthen the rapid intervention mechanism provided for in the
      'Strawberry' regulation;

3.    Acknowledges that, in order to provide a satisfactory long-term response to these
      difficulties, it is necessary to adopt a humane and practical approach in terms of asylum
      and immigration policy;

4.    Considers that the long-term solution lies within European asylum and immigration
      systems, including responsibility-sharing; calls therefore for urgent action to ensure that
      asylum-seekers can be processed fairly and rapidly, while traffickers and illegal
      immigrants are effectively deterred;

5.    Calls on the British and French governments to reach a solution dealing with the asylum
      claims at the Sangatte centre and to take a lead in developing further EU measures;

6.    Calls upon the French authorities and SNCF, as a matter of urgency, to further upgrade
      security at Fréthun and other vulnerable points leading to the Channel Tunnel and to
      ensure that effective security measures are deployed at all times;

7.    Urges the UK and French governments to provide immediate support and compensation
      for rail freight operators and other businesses which have been adversely affected by the
      restrictions on rail freight using the Channel Tunnel;

8.    Instructs its President to forward this resolution to the Council, the Commission and the
      British and French governments.

1
      OJ L 337, 12.12.1998, p. 8.

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                                                                                                      EN
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P5_TAPROV(2002)0191

Human rights: EU position for the next special session of the UN General
Assembly on Children
European Parliament resolution on the EU position in the Special Session on Children of
the UN General Assembly

The European Parliament,

–     noting the reconvened Special Session on Children of the United Nations General
      Assembly from 8-10 May 2002,

–     recalling its previous resolutions on children’s rights, such as its resolution of 17
      December 1998 on child soldiers1, its resolution of 28 January 1999 on the protection of
      families and children2, its resolution of 17 May 2001 on child trafficking in Africa3, and
      its resolution of 6 September 20014 on the UN Special Session,

–     having regard to the 1989 Convention on the Rights of the Child, ratified by 191
      countries,

–     having regard to the entry into force on 12 February 2002 of the optional protocol to the
      Convention on the Rights of the Child,

–     having regard to the EU-sponsored resolution on the rights of the child, which was
      adopted by the UN Commission on the Rights of the Child on 25 April 2001 (UNCHR
      resolution 2001/75),

–     having regard to the Charter of Fundamental Rights, in particular Article 24,

A.    whereas at the World Summit for Children in 1990 world leaders adopted a plan of action
      on behalf of the children of the world, which contained far-reaching goals to improve the
      health and development of children, including reduction of mortality rates, malnutrition,
      and improved access to safe drinking water and sanitation,

B.    whereas new international standards and instruments enhancing child protection have
      been adopted, such as the Ottawa Mine Ban Treaty, the Rome Statute for the International
      Criminal Court, the Optional Protocols to the Convention on the Rights of the Child on 1)
      the involvement of children in armed conflict and 2) the sale of children, child
      prostitution and child pornography, and ILO Convention 182 on the Prohibition and
      Immediate Action for the Elimination of the Worst Forms of Child Labour,

C.    whereas although the Convention on the Rights of the Child has almost been universally
      ratified, its implementation is lacking,
1
      OJ C 98, 9.4.1999, p. 297.
2
      OJ C 128, 7.5.1999, p. 79.
3
      OJ C 34 E, 7.2.2002, p. 383.
4
      OJ C 72 E, 21.3.2002, p. 360.

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                                                                                                       EN
     D.    whereas every third second, a child somewhere in the world dies from under-nourishment
           or lack of water or health care, and millions of children have died from diseases related to
           HIV/AIDS,

     E.    whereas more than 100 million children, particularly girls, are denied basic education,

     F.    whereas two million children have been killed in wars over the last ten years,

     G.    whereas every year two million girls are victims of female genital mutilation,

     H.    whereas the 2002 Special Session is an important opportunity to devise practical and
           sustainable ways to fully implement the Convention as rapidly as possible,

     I.    whereas demographic, sociological, technological and scientific changes are creating
           problems which affect social and human development, such as poverty, social exclusion
           and the breakdown of family life, of which children are always the first victims,

     J.    whereas the successful implementation of the goals established at the forthcoming Special
           Session on Children will depend on a meaningful monitoring system,

     1.    Calls on the EU and its Member States to work actively together in order for the outcome
           of the Special Session to:

           -     fully implement the Convention on the Rights of the Child,

           -     support universal ratification and implementation of the new treaties developed
                 during the past decade that strengthen the protection of children’s rights,
                 specifically the optional protocol on children in armed conflict, and ILO
                 Convention 182 on the Prohibition and Immediate Action for the Elimination of the
                 Worst Forms of Child Labour,

           -     reflect in its goals the importance of the critical rights of children which protect
                 them from violence, exploitation and abuse, as well as health, education and
                 nutrition,

           -     ensure that strong mechanisms are in place to monitor government obligations and
                 commitments, including the meaningful participation of non-governmental
                 organisations and civil society;

     2.    Supports the view that the 'family is the fundamental unit of society and holds primary
           responsibility for the protection, upbringing and development of children', as stated in
           UNICEF's draft outcome document under preparation for the Special Session;

     3.    Suggests, therefore, that a 'world fit for children' - the title of the Special Session - has to
           be at the same time a world fit for families, in line with subsidiarity; this implies that
           government policies have to be devised accordingly in order to achieve the best human
           and social environment for children and to provide those that are deprived of natural
           family protection and support with the best possible family-like social responses;


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4.    Calls on the Member States to make the implementation of the Convention on the Rights
      of the Child, the ratification and implementation of key new treaties developed during the
      past decade that strengthen the protection of children’s rights and the implementation of
      the commitments agreed upon during the 2002 Special Session a national and European
      priority in the light of Article 24 of the Charter of Fundamental Rights;

5.    Calls on the Member States to establish or designate an independent body to monitor the
      goals of the outcome document of the Special Session and to adopt a comprehensive
      national plan, with specific, time-bound and measurable objectives;

6.    Calls on the Member States to ratify and implement the Optional Protocol to the
      Convention on the Rights of the Child on the Protection of Children in Armed Conflict
      which came into force on 12 February 2002;

7.    Calls on the Council to make the ratification of key new treaties strengthening the
      protection of children’s rights by third countries, which have been developed during the
      past decade, a priority in its political dialogue with these countries;

8.    Welcomes the establishment of the Convention on the Future of Europe and calls on the
      Convention to recommend the inclusion of a legal basis in the Treaties to promote and
      protect the best interests of the child in all EU policy, programmes and legislation;

9.    Welcomes the recent commitments made by the Commission to integrate a children’s
      rights perspective into the development cooperation instruments of the Community and to
      issue strategic implementation guidelines; calls on the Commission and the Council to
      implement these commitments without delay;

10.   Notes that girls in developing countries are more likely to be performing unpaid domestic
      work, denied education, and subjected to early marriage and calls on the Commission to
      take specific measures to promote the rights of the girl child in development and
      humanitarian aid policy;

11.   Calls on Member States to promote Article 12 of the Convention on the Rights of the
      Child and to involve children and young people at all appropriate levels of decision-
      making;

12.   Calls on the Commission to ensure that all proposed EU directives, policies and
      programmes should be subjected to child impact analyses in order to assess their potential
      implications for children;

13.   Instructs its President to forward this resolution to the Council, the Commission, the Co-
      Presidents of the ACP-EU Joint Assembly, the chairs of its inter-parliamentary
      delegations, the parliaments of the Member States, the UNGASS secretariat, UNICEF
      and the national delegations at the UN General Assembly’s Special Session on Children.




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                                                                                                     EN
     P5_TAPROV(2002)0192

     Angola
     European Parliament resolution on Angola

     The European Parliament,

     –     having regard to its previous resolutions on the situation in Angola, as well as the
           Sakharov Prize 2001,

     –     having regard to the recent resolution on southern Africa adopted by the ACP-EU Joint
           Parliamentary Assembly on 21 March 2002 in Cape Town, South Africa,

     –     having regard to the conclusions of the EU Council in Barcelona (15-16 March 2002) on
           the developments in Angola since the death of Jonas Savimbi,

     –     having regard to the position taken by the UN Security Council on the new peace
           initiative in Angola,

     –     having regard to the statement made by the UN Secretary-General on 25 February 2002,

     A.    whereas the death of Jonas Savimbi completely changes the face of the political situation
           in Angola and may mean that Angola will enter a special phase in its history,

     B.    having regard to the recent events in Angola, the government's positive attitude in
           announcing the interruption of offensive military movements, and the equally positive
           response at ground level from UNITA's leadership and combatants,

     C.    whereas on 28 March 2002 the UN Security Council declared itself favourable to the
           integral implementation of the Lusaka Protocol, and said it is willing to work with all
           parties to achieve this goal, undertaking consultations with the government of Angola to
           find ways to change the sanctions imposed on UNITA by Resolution 1127 (1997), in
           order to ease the peace talks,

     D.    welcoming the signing on 4 April 2002 of the ceasefire agreement between the
           government and the military leadership of UNITA, based on the 'Memorandum of
           Understanding' supplementing the Lusaka Protocol, signed in Luena (Moxico province)
           on 30 March 2002, which represents a major opportunity for lasting peace in Angola,

     E.    whereas the abovementioned agreement is based on the Lusaka Protocol of 20 November
           1994, and principally on the demilitarisation of UNITA, the conclusion of the formation
           of the National Armed Forces, the extension of state administration throughout the
           national territory, the disarming of the civilian population, and other tasks that were
           interrupted in the wake of the civil war that restarted in 1998,




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F.    having regard to the adoption by the National Assembly, on a proposal by the Angolan
      Government, of an amnesty law, on 3 April 2002,

G.    whereas UNITA's full integration in the national political scene as a non-armed political
      party, freely reorganised, is essential for the consolidation of the democratic process,

H.    whereas the legitimacy and credibility of the national peace and reconciliation process
      demands the effective participation of all stakeholders, political parties and civil society,
      including the churches that have made enormous efforts to promote this process,

I.    whereas the situation remains disastrous in humanitarian terms, as 4 million people have
      been displaced by the war, although the delivery of humanitarian aid has slightly
      improved in recent months with the abatement of military conflict in some parts of the
      country, and with greater cooperation from the Angolan armed forces,

J.    having regard to the inhuman paradox of a potentially very rich country whose population
      lives in conditions of extreme poverty, which has long been a feature of the suffering of
      the Angolan people,

1.    Welcomes the signing of the 'Lusaka Protocol Complementary Memorandum Towards
      the Cease of Hostilities and Further Outstanding Military Matters' between the
      government of Angola and the military leadership of UNITA, done on 4 April 2002 in
      Luanda, which represents a new era for lasting peace in Angola;

2.    Stresses the major importance of this historic event for southern Africa and for the entire
      African continent;

3.    Calls on the Angolan government and UNITA to make this ceasefire definitive and
      irreversible;

4.    Trusts that both the government and UNITA will abide in every way by the undertakings
      they have entered into, ceasing all military and political hostilities and all forms of
      intimidation throughout Angola; also trusts that this will make it possible to normalise
      state administration and institutional life and thus to deepen and complete Angola's
      transition to full democracy;

5.    Calls on all parties to implement fully the provisions of the ceasefire agreement and of the
      Lusaka Protocol through a political dialogue under the aegis of the United Nations in
      order to promote lasting peace and stability in Angola; recommends that the UN Security
      Council gradually should begin to gradually lift the international sanctions against
      UNITA, in consultation with the government;

6.    Encourages the full integration of UNITA into the national political scene as a freely
      reorganised, non-armed political party; considers it essential for the continuation of the
      peace process that UNITA should abandon all military activity and carry out full
      demilitarisation;

7.    Encourages the government to intensify its dialogue and cooperation with all political
      forces, civil society and the churches, especially those within COIEPA, in order to
      involve every Angolan citizen in this peace and reconciliation process;

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     8.    Calls on the government to use this opportunity for peace to give absolute priority to
           improving the humanitarian and health situation, without discrimination, and calls on the
           EU and the international community to provide adequate assistance to optimise this
           national effort;

     9.    Considers it necessary, as a matter of urgency, to conclude the extension and installation
           of national administration throughout Angola, so as to create the necessary conditions for
           the return of displaced communities and their reintegration into their areas of origin, thus
           enabling them to resume their normal lives;

     10.   Urges that the Office of the High Commissioner for Refugees (UNHCR) play an
           enhanced role in taking responsibility for more than 4 million displaced persons in
           Angola, and calls on the international community to take further concrete steps to address
           the existing humanitarian situation in that country;

     11.   Calls on the Commission, the ACP-EU Council and the UN to support programmes for
           demining, in order to ensure the free movement of persons, and to promote the conditions
           required for the revitalisation of the national economy, humanitarian aid, the social
           reintegration of displaced people, demobilised soldiers, disabled members of the armed
           forces and war orphans, and the organisation of an international conference of donors for
           the reconstruction of a peaceful Angola;

     12.   Calls on the Angolan Government to establish a transparent and accountable mechanism
           for Angola's natural resources, including the diamond and oil trade, so that the income
           can be dedicated to the financing of global, fair and sustainable development and in the
           fight against poverty;

     13.   Believes that free elections must be held in Angola immediately following the restoration
           of freedom of movement throughout the country, the establishment of the necessary
           climate of peace and institutional normality, and the conclusion of a period of detailed
           preparation with a view to implanting a culture of freedom and mutual respect propitious
           to democratic elections;

     14.   Calls on the EU and the other international organisations to redouble their efforts in
           support of programmes for education in the area of democracy and civic rights, in
           cooperation with the Angolan authorities and the bodies which have contributed to the
           social effort;

     15.   Calls for rapid action to investigate the situation of the two Portuguese children who
           disappeared several months ago;

     16.   Instructs its President to forward this resolution to the Council, the Commission, the
           Co-Presidents of the ACP-EU Joint Parliamentary Assembly, the African Union, and the
           Government and Parliament of Angola.




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P5_TAPROV(2002)0193

Torrential rain in Tenerife and eastern Spain and climate change
European Parliament resolution on the torrential rain affecting Tenerife and the east
coast of Spain and climate change

The European Parliament,

A.    having regard to the disaster which hit the municipality of Santa Cruz de Tenerife as a
      result of the floods on 31 March 2002, caused by a sudden downpour during which 224
      litres of water per square metre fell in two hours,

B.    whereas as a result of the disaster people died, others disappeared, dozens were injured
      and unspeakable suffering was caused to a large proportion of the population, and at least
      400 homes, according to initial estimates, were totally or partially destroyed, as was the
      property of thousands of families,

C.    having regard to the enormous material damage caused to the infrastructure of the city
      and the port facilities, essential for the normal activities of the island of Tenerife,

D.    whereas the storm also had disastrous consequences for the region of Valencia, especially
      the districts of Marina and La Safor, where one person was killed and flooding seriously
      affected homes in the area and destroyed many roads,

E.    whereas Santa Cruz de Tenerife benefits from measures implementing the improvements
      envisaged in the URBAN programme and a large proportion of the works carried out to
      implement these programmes were flattened by the floods,

F.    having regard to its previous resolutions on natural disasters of this kind, which are of
      particular significance in Mediterranean countries, because such phenomena happen only
      occasionally in geographical areas which are not prepared for heavy rain,

G.    concerned at the possible link between this kind of natural disaster and climate change,
      which is affecting the whole planet,

H.    concerned also at the impact which the building and provision of infrastructure is having
      on the ecosystems of small island regions with mountainous terrain,

1.    Conveys its condolences to the families affected by the loss of human life and expresses
      sympathy with the families of those who disappeared or were injured, and with the
      families who lost their homes and property;

2.    Calls on the Commission to contact the authorities of the Canary islands and the Spanish
      State in order to offer opportunities for aid to remedy the damage caused to the island’s
      infrastructure;




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     3.    Raises the efforts made by the various organisations involved, which were mobilised to
           assist the flood victims, especially the various teams of firemen, police, soldiers and
           voluntary organisations, as well as local, regional and national authorities, but takes the
           view that swift and effective coordination of civil protection services is needed
           throughout the European Union, in order to reduce the impact of this kind of natural
           disaster, which is becoming increasingly frequent;

     4.    Requests in particular, in the context of providing infrastructure in the outermost regions
           of the Union, that the Commission should take account of the impact of building work on
           the natural characteristics of island regions with a high population density, in order to
           ensure that natural events of this kind do not have disastrous consequences;

     5.    Considers that the torrential rain which affected Tenerife and eastern Spain are bound to
           increase the international community’s concern about the phenomenon of climate change.
           Points out, in this context, that the European Union needs to pursue an ambitious and
           decisive policy to continue the Kyoto process, not least on an international scale; calls on
           the Member States to respect fully their commitments to reduce greenhouse-gas
           emissions; considers that the Kyoto Protocol is only the first stage in the fight against
           global warming and that additional measures will be needed in the long term;

     6.    Instructs its President to forward this resolution to the Commission and the governments
           of the Member States.




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