P7 TA-PROV 2009 11-12 EN - European Parliament · 2009. 11. 23. · 12 November 2009...

EN EN

United in diversity

TEXTS ADOPTED

at the sitting of

Thursday 12 November 2009

P7_TA-PROV(2009)11-12 PROVISIONAL EDITION PE 431.838

EUROPEAN PARLIAMENT 2009 - 2010

PE 431.838\ I

EN

CONTENTS

TEXTS ADOPTED

P7_TA-PROV(2009)0062

Third-country nationals subject to or exempt from a visa requirement when crossing

external borders *

(A7-0042/2009 - Rapporteur: Tanja Fajon)

European Parliament legislative resolution of 12 November 2009 on the proposal for a

Council regulation amending Regulation (EC) No 539/2001 listing the third countries

whose nationals must be in possession of visas when crossing the external borders and

those whose nationals are exempt from that requirement (COM(2009)0366 – C7-

0112/2009 – 2009/0104(CNS))..................................................................................................... 1

P7_TA-PROV(2009)0063

Progress annual plan of work for 2010 and list of activities by policy section

(B7-0135/2009)

European Parliament resolution of 12 November 2009 on the draft Progress annual plan of

work for 2010 and the list of activities by policy section proposed by the Commission.............. 9

P7_TA-PROV(2009)0064

EU-Russia Summit on 18 November 2009 in Stockholm

(B7-0128, 0129, 0130, 0131 and 0132/2009)

European Parliament resolution of 12 November 2009 on the preparations for the EU-

Russia Summit in Stockholm on 18 November 2009 ................................................................. 10

P7_TA-PROV(2009)0065

Joint Programming of research to combat neurodegenerative diseases

(B7-0133/2009)

European Parliament resolution of 12 November 2009 on Joint Programming of research

to combat neurodegenerative diseases, in particular Alzheimer’s disease.................................. 16

P7_TA-PROV(2009)0066

The European Ombudsman’s activities (2008)

(A7-0020/2009 - Rapporteur: Chrysoula Paliadeli)

European Parliament resolution of 12 November 2009 on the annual report on the

European Ombudsman’s activities in 2008 (2009/2088(INI)).................................................... 19

P7_TA-PROV(2009)0067

Transitional procedural guidelines on budgetary matters in view of the entry into force of

the Lisbon Treaty

(A7-0045/2009 - Rapporteur: Alain Lamassoure)

II /PE 431.838

EN

European Parliament resolution of 12 November 2009 on transitional procedural

guidelines on budgetary matters in view of the entry into force of the Lisbon Treaty

(2009/2168(INI))......................................................................................................................... 25

PE 431.838\ 1

EN

P7_TA-PROV(2009)0062

Third-country nationals subject to or exempt from a visa requirement when

crossing external borders *

European Parliament legislative resolution of 12 November 2009 on the proposal for a

Council regulation amending Regulation (EC) No 539/2001 listing the third countries

whose nationals must be in possession of visas when crossing the external borders and

those whose nationals are exempt from that requirement (COM(2009)0366 – C7-

0112/2009 – 2009/0104(CNS))

(Consultation procedure)

The European Parliament,

– having regard to the Commission proposal (COM(2009)0366),

– having regard to Article 67 and Article 62(2)(b)(i) of the EC Treaty, pursuant to which the

Council consulted Parliament (C7-0112/2009),

– having regard to Rule 55 of its Rules of Procedure,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs

and the opinion of the Committee on Foreign Affairs (A7-0042/2009),

1. Approves the Commission proposal as amended;

2. Approves the Joint Statement by the European Parliament and the Council annexed hereto;

3. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the

EC Treaty;

4. Calls on the Council to notify Parliament if it intends to depart from the text approved by

Parliament;

5. Calls on the Council to consult Parliament again if it intends to amend the Commission

proposal substantially;

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

Amendment 1

Proposal for a regulation – amending act

Recital 1

Text proposed by the Commission Amendment

(1) The composition of the lists of third

countries in Annexes I and II to Regulation (1) The Commission initiated the current

visa liberalisation dialogue with a

2 /PE 431.838

EN

(EC) No 539/2001 of 15 March 2001

should be, and should remain, consistent

with the criteria laid down in recital (5)

thereto. Some third countries, for which

the situation has changed as regards these

criteria, should be transferred from one

Annex to the other.

regional approach and a European

perspective, involving countries of the

Western Balkans on an equal footing and

without any discrimination. The

composition of the lists of third countries

in Annexes I and II to Regulation (EC) No

539/2001 of 15 March 2001 should be, and

should remain, consistent with the criteria

laid down in recital (5) thereto. Some of

the Western Balkan countries (Albania,

Bosnia and Herzegovina, the former

Yugoslav Republic of Macedonia,

Montenegro and Serbia), for which the

situation has changed as regards those

criteria, should be transferred from one

Annex to the other. The same criteria laid

down in the roadmaps for visa

liberalisation should be applied to all

countries concerned.

Amendment 2


Recital 1 a (new)


(1a) All of the Western Balkan countries

that have met the benchmarks should be

admitted to the visa-free travel regime

from the beginning of 2010. Those

countries that, despite having made

substantial progress, have not fully met

the benchmarks should be granted the

same privilege as soon as they meet the

benchmarks as set out in the

corresponding roadmaps for visa

liberalisation.

Amendment 3


Recital 2


(2) With five Western Balkan countries –

Albania, Bosnia and Herzegovina, the

former Yugoslav Republic of Macedonia,

(2) With five Western Balkan countries

Visa Facilitation Agreements entered into

force on 1 January 2008, as a first concrete

PE 431.838\ 3

EN

Montenegro and Serbia – Visa Facilitation

Agreements entered into force on 1

January 2008, as a first concrete step

forward along the path set out by the

Thessaloniki agenda towards a visa free

travel regime for the citizens of Western

Balkan countries. With each of these

countries, a visa liberalisation dialogue was

opened in 2008 and roadmaps for visa

liberalisation have been established. In its

assessment of the implementation of the

roadmaps of May 2009, the Commission

considered that the former Yugoslav

Republic of Macedonia has met all the

benchmarks set out in its roadmap.

Montenegro and Serbia have met the large

majority of the benchmarks of their

respective roadmaps.

step forward along the path set out by the

Thessaloniki agenda towards a visa-free

travel regime for the citizens of Western

Balkan countries. With each of those

countries, a visa liberalisation dialogue was

opened in 2008 and roadmaps for visa

liberalisation have been established. In its

assessment of the implementation of the

roadmaps of May 2009, the Commission

considered that the former Yugoslav

Republic of Macedonia had met all the

benchmarks set out in its roadmap.

Montenegro and Serbia have met the large

majority of the benchmarks of their

respective roadmaps. Albania and Bosnia

and Herzegovina have made further

progress with regard to the majority of the

relevant benchmarks since the assessment

of the Commission in May 2009.

Amendment 4


Recital 2 a (new)


(2a) With the aim of furthering the

implementation of the Thessaloniki

agenda and as part of its regional

approach, the Commission, within the

limits of its competence and in the light of

UN Security Council Resolution 1244

(1999), should start a visa dialogue with

Kosovo with a view to establishing a

roadmap for visa facilitation and

liberalisation similar to those established

with Western Balkan countries.

Amendment 5


Recital 3 a (new)


(3a) With the aim of strengthening the

stabilisation and association process, visa-

4 /PE 431.838

EN

free travel will improve participation in

the common market, which is gradually

being established with Albania, Bosnia

and Herzegovina, Montenegro and the

former Yugoslav Republic of Macedonia,

and will contribute to trade, innovation

and growth.

Amendment 14


Recital 4


(4) Therefore the former Yugoslav

Republic of Macedonia, Montenegro and

Serbia [the latter two meeting all the

benchmarks by the date of adoption of the

present Regulation], should be transferred

to Annex II to Regulation (EC) No

539/2001. This visa waiver should only

apply to holders of biometric passports

issued by each of the three countries

concerned.

(4) Therefore the former Yugoslav

Republic of Macedonia, Montenegro,

Serbia, Albania and Bosnia and

Herzegovina, should be transferred to

Annex II to Regulation (EC) No 539/2001.

The former Yugoslav Republic of

Macedonia, Montenegro and Serbia met

all the benchmarks by the date of

adoption of this Regulation. The

exemption from the visa requirement

should apply to Albania and Bosnia and

Herzegovina after an assessment by the

Commission that each meets all the

benchmarks set in the relevant roadmap

for visa liberalisation and in accordance

with the Treaty. The visa waiver should

apply only to holders of biometric

passports issued by each of the five

countries concerned.

Amendment 7


Recital 4 a (new)


(4a) The Commission should, without

delay and no later than in the early 2010,

present a report on the achievements

made by Albania and Bosnia and

Herzegovina in meeting all the

benchmarks set in the roadmap.

PE 431.838\ 5

EN

Amendment 8


Recital 4 b (new)


(4b) Although Albania and Bosnia and

Herzegovina have made progress towards

meeting their respective benchmarks, the

relevant authorities of Albania and

Bosnia and Herzegovina should adopt,

without delay, the necessary reforms to

meet their respective benchmarks in full.

Amendment 9


Recital 4 c (new)


(4c) The Commission should assist the

relevant authorities of Albania and

Bosnia and Herzegovina in this respect.

Amendment 10


Recital 5 a (new)


(5a) The visa liberalisation process should

serve as a reference for defining relations

with the Eastern partners of the European

Union.

6 /PE 431.838

EN

Amendment 11


Article 1 – point 1 – point -a (new)

Regulation (EC) No 539/2001

Annex I – part 1


(-a) in Part 1, the references to Albania

and Bosnia and Herzegovina are

replaced by the following:

"Albania *

Bosnia and Herzegovina *

_______________

* The name of the country shall be deleted and transferred from this Annex to Annex II after an

assessment by the Commission that the country in

question meets all the benchmarks set in the

roadmap for visa liberalisation and in accordance

with the Treaty.";

Amendment 12


Article 1 – point 2

Regulation (EC) No 539/2001

Annex II – part 1


2) In Annex II , Part 1, the following

references shall be inserted:

2) In Annex II , Part 1, the following

references are inserted:

"Albania *

Bosnia and Herzegovina *

"the former Yugoslav Republic of

Macedonia *

the former Yugoslav Republic of

Macedonia **

Montenegro * Montenegro **

Serbia [excluding holders of Serbian

passports issued by the Serbian

Coordination Directorate (in Serbian:

Koordinaciona uprava) ]*

Serbia [excluding holders of Serbian

passports issued by the Serbian

Coordination Directorate (in Serbian:

Koordinaciona uprava) ] **

_______________ _______________

* The name of the country shall be transferred to this Annex from Annex I after an assessment by

the Commission that the country in question meets

PE 431.838\ 7

EN

all the benchmarks set in the roadmap for visa

liberalisation and in accordance with the Treaty.

The exemption from the visa requirement applies

only to holders of biometric passports.

* The exemption from the visa requirement only

applies to holders of biometric passports".

** The exemption from the visa requirement applies

only to holders of biometric passports.".

8 /PE 431.838

EN

ANNEX

Joint Statement by the European Parliament and the Council

The European Union strongly supports the goal of the abolishment of the visa regime for all the

countries of the Western Balkans.

The European Parliament and the Council recognise that the former Yugoslav Republic of

Macedonia, Montenegro and Serbia fulfil all conditions for visa liberalisation. This has allowed

for the adoption of the amendments to Regulation (EC) No 539/2001 in due time to allow those

three countries to join the visa-free regime by 19 December 2009.

The European Parliament and the Council express the hope that Albania and Bosnia and

Herzegovina will also qualify for visa liberalisation soon. To that end, the European Parliament

and the Council urge those two countries to make all efforts to comply with all the benchmarks

set out in the Commission's roadmaps.

The European Parliament and the Council invite the Commission to present a legislative

proposal for amending Regulation (EC) No 539/2001 as soon as it has assessed that each

country meets the benchmarks set out in the Commission's roadmaps, with a view to achieving

visa liberalisation for citizens of those countries as soon as possible.

The European Parliament and the Council will examine a proposal for amending Regulation

(EC) No 539/2001 concerning Albania and Bosnia and Herzegovina as a matter of urgency.

PE 431.838\ 9

EN

P7_TA-PROV(2009)0063

Progress annual plan of work for 2010 and list of activities by policy section

European Parliament resolution of 12 November 2009 on the draft Progress annual plan

of work for 2010 and the list of activities by policy section proposed by the Commission


– having regard to Decision No 1672/2006/EC of the European Parliament and of the Council

of 24 October 2006 establishing a Community Programme for Employment and Social

Solidarity – Progress1,

– having regard to the draft Progress annual plan of work for 2010 and the list of activities by

policy section proposed by the Commission,

– having regard to the Commission proposal for a decision of the European Parliament and of

the Council establishing a European Microfinance Facility for Employment and Social

Inclusion (Progress Microfinance Facility)(COM(2009)0333) and to the Commission

proposal for a decision of the European Parliament and of the Council amending Decision

No 1672/2006/EC of the European Parliament and of the Council establishing a Community

Programme for Employment and Social Solidarity – Progress (COM(2009)0340),

– having regard to Article 8 of Council Decision 1999/468/EC of 28 June 1999 laying down

the procedures for the exercise of implementing powers conferred on the Commission2,

– having regard to Rule 88(2) of its Rules of Procedure,

A. whereas Parliament has not concluded its examination of the Commission’s proposals

regarding the microfinance facility; whereas the Commission should refrain from adopting

the specific measures concerning the financial allocation of Progress until the legislative

process on the microfinance facility is concluded,

1. Opposes the adoption of the draft Progress annual plan of work for 2010 and the list of

activities by policy section proposed by the Commission;

2. Considers that the draft annual plan exceeds the implementing powers provided for in

Decision 1999/468/EC;

3. Calls on the Commission to withdraw the draft annual plan and to submit a new one to the

committee as soon as the European Parliament, Council and Commission have reached an

agreement on the Commission’s proposal on the microfinance facility (COM(2009)0333)

and on its proposal amending Decision 1672/2006/EC (COM(2009)0340);

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

the governments and parliaments of the Member States.

1 OJ L 315, 15.11.2006, p. 1. 2 OJ L 184, 17.7.1999, p. 23.

10 /PE 431.838

EN

P7_TA-PROV(2009)0064

EU-Russia Summit on 18 November 2009 in Stockholm

European Parliament resolution of 12 November 2009 on the preparations for the EU-

Russia Summit in Stockholm on 18 November 2009


– having regard to the existing Partnership and Cooperation Agreement (PCA) between the

European Communities and their Member States, of the one part, and the Russian

Federation, of the other part1, and the negotiations initiated in 2008 on a new EU-Russia

treaty,

– having regard to the objective of the EU and Russia, set out in the joint statement issued

following the 11th EU-Russia Summit held in St Petersburg on 31 May 2003, of setting up

a common economic space, a common space of freedom, security and justice, a common

space of cooperation in the field of external security and a common space of research and

education, including cultural aspects (Four Common Spaces),

– having regard to its previous reports and resolutions on Russia and on EU-Russia relations,

in particular its resolution of 17 September 2009 on the murder of human rights activists in

Russia2, its resolution of 17 September 2009 on external aspects of energy security

3, and its

resolution of 19 June 2008 on the EU-Russia Summit of 26-27 June 2008 in Khanty-

Mansiysk4,

– having regard to the final statement and recommendations issued by the EU-Russia

Parliamentary Cooperation Committee following its 11th meeting held in Brussels on 16-17

February 2009,

– having regard to the outcome of the meeting of the EU-Russia Permanent Partnership

Council held in Brussels on 19 October 2009,

– having regard to the EU-Russia Human Rights Consultations,

– having regard to the draft agenda for the forthcoming EU-Russia Summit in Stockholm on

18 November 2009,

– having regard to Rule 110(4) of its Rules of Procedure,

A. whereas relations between the EU and Russia have been steadily developing over the past

decade, leading to deep and comprehensive economic integration and interdependence,

which is bound to increase even more in the future,

B. whereas the conclusion of a new general cooperation agreement between the EU and

Russia, the sixth round of negotiations for which took place in early October 2009, with the

1 OJ L 327, 28.11.1997, p. 1. 2 Texts adopted, P7_TA(2009)0022. 3 Texts adopted, P7_TA(2009)0021. 4 Texts adopted, P6_TA(2008)0309.

PE 431.838\ 11

EN

next round scheduled for mid-December 2009, remains of the utmost importance for the

further development and intensification of cooperation between the two partners,

C. whereas the EU and Russia, which is a member of the UN Security Council, share a

responsibility for maintaining global stability, and whereas enhanced cooperation and good-

neighbourly relations between the EU and Russia are of particular importance for the

stability, security and prosperity of Europe,

D. whereas the accession of Russia to the World Trade Organisation (WTO) would make a

substantial contribution to the further improvement of economic relations between the EU

and Russia, subject to a binding commitment on Russia's part to full compliance with and

implementation of WTO commitments and obligations, and would pave the way for a deep

and comprehensive economic integration agreement between the two partners, based on

genuine reciprocity,

E. whereas security of energy supplies represents one of the biggest challenges facing Europe

and one of the major areas of cooperation with Russia; whereas joint efforts are needed to

make full and efficient use of energy transmission systems, both those which already exist

and those to be further developed; whereas the recent decision by Russia to withdraw its

signature from the Energy Charter Treaty (ECT) further complicates relations in this area

and raises concerns regarding the ongoing energy dialogue and future developments; and

whereas the EU's heavy dependence on fossil fuels imported from Russia risks undermining

the development of a balanced, coherent and value-driven European approach to Russia,

F. whereas it is of the utmost importance for the EU to speak with one voice, show strong

internal solidarity, adopt a common position and refrain from acceding to the Russian offers

to step up bilateral relations with willing Member States; whereas the EU's relations with

Russia should be based on mutual interests and common values,

G. whereas there is still serious concern about developments in Russia with regard to

democracy, human rights, the independence of the judiciary, increased state control of the

media, the inability of the police and judicial authorities to find those responsible for the

murders of journalists and human rights defenders, the repressive measures taken against

the opposition, the selective application of the law by the authorities and the fairness of

elections, including the regional and local elections held on 11 October 2009; whereas the

Russian Federation is a full member of the Council of Europe and the Organisation for

Security and Cooperation in Europe (OSCE) and has therefore committed itself to the

principles of democracy and respect for human rights; and whereas the European

Parliament's 2009 Sakharov Prize for Freedom of Thought has been awarded to the Russian

civil rights defence organisation Memorial and its representatives,

H. whereas the EU and Russia could and should together play an active role in establishing

peace and stability on the European continent, in particular in the common neighbourhood,

and work together to achieve a peaceful settlement under international law of the conflicts

between Russia and Georgia and its breakaway regions South Ossetia and Abkhazia and

those in Nagorno-Karabakh and Transnistria; whereas Russia should fully respect its

neighbouring countries' right to political and economic self-determination,

I. whereas on 19 October 2009 Russia and the US resumed talks in Geneva on the drafting of

a new agreement to succeed the Strategic Arms Reduction Treaty (START), marking the

first tangible step in the thaw in US-Russia relations announced by the Obama

12 /PE 431.838

EN

Administration; whereas on 23 October 2009 US Defense Secretary Robert Gates told a

news conference held following the NATO ministerial meeting in Bratislava that the

Russian radar stations in Gabala and Armavir, which Russia was proposing for joint use,

could prove a real asset to the overall missile defence system for Europe that the US is

currently establishing, thereby opening up the prospect of the US, NATO and Russia

becoming partners in building a joint missile defence system; and whereas from 18

September to 5 October 2009 Russia and Belarus held strategic manoeuvres which were

consistent with the procedures laid down in the OSCE Vienna Document of 1999, but gave

rise to serious concerns about their compliance with the spirit of good cooperation and

mutual respect between Russia and the European Union,

1. Reaffirms its belief that Russia remains one of the European Union's most important

partners in building sustainable cooperation, sharing not only economic and trade interests

but also the objective of acting closely together at global level as well as in the common

neighbourhood, on the basis of international law;

2. Notes that the Summit in Stockholm will focus on broad economic cooperation, particularly

as regards the effects of the financial and economic crisis and methods to curb them, and on

the preparations for the Copenhagen climate change conference in December 2009, energy

and energy security aspects, the discussions on further visa liberalisation and progress in the

negotiations for the new bilateral strengthened cooperation agreement, as well as tackling a

range of international issues, such as Iran’s nuclear programme and the Middle East peace

process;

3. Expresses its support for developing future relations with Russia in a pragmatic way,

focusing on the ongoing cooperation based on the Four Common Spaces, the negotiations

on a new general cooperation agreement and the implementation of commitments and

agreements made so far; but reiterates its strong support for a new agreement going beyond

purely economic cooperation and also encompassing the areas of democracy, the rule of

law, and respect for human and fundamental rights;

4. Reiterates its support for the objective of Russia’s accession to the WTO, which will create

a level playing field for the business communities on both sides and greatly help Russian

efforts to build a modern, diversified, high-technology economy; calls on Russia to take the

necessary steps to remove the remaining obstacles to the accession process, namely Russian

export duties, the level of railway fees for goods in transit through Russia, road charges on

goods vehicles and the restrictions on imports of meat, milk and plant products, following

which the EU should open discussions on a free-trade agreement with the Russian

Federation; looks forward to the implementation of more effective policies on several

outstanding issues, such as intellectual property rights, radioactive waste, nuclear safety,

work permits for EU citizens, etc.; stresses the need for the Russian authorities to ensure

that no discriminatory practices whatsoever are employed vis-à-vis EU trading partners and

investors and to reconsider the measures taken to tackle the economic crisis, in accordance

with the undertaking given at the recent G20 Summit; deplores the fact that Russia is still

not honouring its commitment to phase out Siberian overflight payments and calls on

Russia to sign the agreement reached on this issue at the summit in Samara in 2007;

welcomes, in this context, the recent decision by Russia, Belarus and Kazakhstan to

abandon their attempt to join the WTO as a single customs union, which could have added

years to the negotiations;

PE 431.838\ 13

EN

5. Notes with interest the ongoing dialogue between the European Union and Russia on further

visa liberalisation; calls for further cooperation on illegal immigration, improved controls at

cross-border checkpoints and information exchange on terrorism and organised crime;

emphasises that the Council and Commission must ensure that Russia complies with all the

conditions set out in any negotiated agreement on the abolition of visas for travel between

the two sides, so as to prevent any breach of security in Europe; stresses, in this context, the

importance of people-to-people contacts and their beneficial effect on the development of

EU-Russia relations;

6. Calls on the Council and Commission to redouble their efforts to solve the problems at EU-

Russia border crossings, to become involved in concrete projects and to make full use of the

new Neighbourhood and Partnership Instrument and funds of the Interreg Community

Initiative for cross-border cooperation;

7. Looks forward to the signing between the European Union and Russia of an agreement on

the establishment of an early-warning mechanism on energy security covering notification,

consultation and implementation, and calls on the Swedish Presidency and on the

Commission to work with the Russian authorities, Gazprom, the Ukrainian authorities and

Naftohaz Ukrainy in order to avoid any repetition of the supply shut-offs that have occurred

in recent years;

8. Underlines the mutual importance of energy cooperation for Russia and the EU, given that it

represents a potential opportunity for further trade and economic cooperation between them;

stresses that the principles of interdependence and transparency should form the basis of

such cooperation, together with equal access to markets, infrastructure and investment; asks

the Swedish Presidency, the Council and the Commission to use the Summit to point out

clearly to the Russian side the increased internal energy solidarity measures the Union is

taking and the long-term, mutually negative consequences which energy-supply problems

might create; calls on Russia swiftly to incorporate international best practices on

transparency and public accountability into national legislation and to sign the Espoo

Convention of 1991 (on Environmental Impact Assessment in a Transboundary Context);

9. Calls on the Council and Commission to ensure that the principles of the ECT and the

Transit Protocol annexed thereto are included in the new PCA between the EU and Russia;

10. Stresses that developing infrastructure links between the EU and the Russian Federation is

mutually beneficial and therefore should be encouraged and based on minimising economic

and environmental costs; strongly encourages Russia to adhere, in energy cooperation

projects with the EU, to the fundamental principles formulated in the ECT;

11. Recognises that if we are to have a 50-50 chance of restricting climate change to +2°C

industrialised country emissions need to be reduced by at least 80-95% by 2050 as against

1990 levels; underlines the specific responsibility of developed countries to take the lead in

reducing emissions and considers that aggregate reductions by industrialised countries at the

high end of the 25-40% range recommended by the Intergovernmental Panel on Climate

Change (IPCC) by 2020 are necessary; in this context, considers that all the industrialised

countries need to adopt targets that require ambitious reductions from current emissions

levels and calls on Russia to reconsider its request for a growing emissions target, in

keeping with its large mitigation potential and the IPCC recommendations, with a view to

facilitating a swift agreement in Copenhagen;

14 /PE 431.838

EN

12. Stresses the need for Russia to lend its full support to binding post-Kyoto climate-change

targets; calls on the Presidency, the Council and the Commission to work intensively with

the Russian side in order to secure at the Copenhagen Climate Change Conference in

December 2009 an ambitious and comprehensive global agreement that will prevent global

warming from reaching dangerous levels;

13. Underlines the importance of continuous exchanges of views on human rights with Russia

as part of the EU-Russia Human Rights Consultations, with a focus on the steps taken by

the Russian authorities with the aim of ensuring the safety of human rights defenders and

media freedom, and calls for an improvement in the format of these meetings in order to

enhance their effectiveness, with special attention being paid to joint action against racism

and xenophobia, and for this process to be opened up to effective input from the European

Parliament, the Duma and human rights NGOs, whether the dialogue takes place in Russia

or in an EU Member State; insists that the safeguarding of human rights should be a key

item on the agenda for the EU-Russia Summit and an integral part of the new EU-Russia

cooperation agreement; reiterates its call to ensure that the murderers of Natalia Estemirova,

Andrei Kulagin, Zarema Sadulayeva, Alik Dzhabrailov, Maksharip Aushev, Stanislav

Markelov, Anastasiya Baburova and Anna Politkovskaya are found and brought to justice;

14. Urges the Council and Commission to pay the utmost attention to the ongoing second trial

of former Yukos Oil chief Mikhail Khodorkovsky, which is already replete with severe due

process violations; calls on the Russian authorities to combat arbitrariness, to respect the

rule of law and not to use the judiciary as a political tool;

15. Condemns the brutal assassination of Maksharip Aushev, a popular human rights activist

and opposition figure who was shot dead in Ingushetia; calls in particular on the Russian

authorities to adopt preventive protective measures as regards human rights defenders, such

as starting investigations as soon as threats faced by them are known to the prosecutor and

the judicial system;

16. Calls on the Russian authorities to comply with all the rulings of the European Court of

Human Rights and to ratify the protocol on the reform of this body as soon as possible;

looks to the Duma to ratify Additional Protocol 14 to the European Convention on Human

Rights;

17. Calls on the Swedish Presidency, the Council and the Commission to use the Summit to

clearly express the EU’s concern on a range of international issues where Russia's

constructive cooperation is crucial, due to its position in international politics, and on the

need for increased cooperation in dealing with Iran, Afghanistan, the Middle East and other

crucial issues on the international agenda;

18. Calls on the Council and Commission to pursue joint initiatives with the Russian

Government aimed at strengthening security and stability in the world and, in particular, in

the common neighbourhood and at achieving a peaceful settlement under international law

of the conflicts in Nagorno-Karabakh and Transnistria and, above all, that between Russia

and Georgia and its breakaway regions South Ossetia and Abkhazia;

19. Welcomes, in this context, the achievements of the European Union Monitoring Mission

(EUMM), which has demonstrated the EU's willingness and ability to act resolutely to

promote peace and stability and helped to create the necessary conditions for the

implementation of the ceasefire agreements of 12 August and 8 September 2008; reiterates

PE 431.838\ 15

EN

its commitment to Georgia's territorial integrity and calls on all the parties fully to honour

their commitments; points out that EUMM has a country-wide mandate and calls for it to be

granted unhindered access to Abkhazia and South Ossetia, which it has so far been denied;

reaffirms its full commitment to the Geneva talks and the continued co-chairmanship of this

forum by the EU, the UN and the OSCE;

20. Calls on the EU and Russia to continue their efforts to achieve progress in the Middle East

peace process and to find a solution to the Iranian nuclear issue, particularly following the

understanding – reached at Geneva on 1 October 2009 between Iran and the US, Russia,

China, Germany, France and Britain – on the fuel plan and the UN monitoring of the newly

disclosed enrichment site under construction;

21. Is very concerned about the ramifications for international security following the Duma's

adoption of amendments to the law 'On Defence' submitted by the President of Russia,

which state that Russia can use military force in operations outside its borders for the

purposes of countering an attack against Russian forces or other troops deployed beyond

Russia’s borders, to counter or prevent aggression against another country or to protect

Russian citizens abroad, the latter being particularly controversial when Russia is pursuing a

policy of illegally issuing passports in frozen conflict territories and in Ukraine’s Crimea;

22. Calls on the Presidency to express the EU's support for the talks between Russia and the US

on a new agreement to succeed START and for the initiatives aimed at building a joint

missile defence system between the US, Russia and NATO; expresses its optimism that a

START deal might be reached by the end of 2009;

23. Urges the Governments of both the US and Russia to fully involve the European Union and

its Member States in the discussions concerning developments on the missile defence

shield, including missile risk evaluation, contributing in this way to peace and stability in

the world and particularly in Europe;

24. Instructs its President to forward this resolution to the Council, the Commission, the

governments and parliaments of the Member States, the Government and Parliament of the

Russian Federation, the Council of Europe and the Organisation for Security and

Cooperation in Europe.

16 /PE 431.838

EN

P7_TA-PROV(2009)0065

Joint Programming of research to combat neurodegenerative diseases

European Parliament resolution of 12 November 2009 on Joint Programming of research

to combat neurodegenerative diseases, in particular Alzheimer’s disease


– having regard to the World Alzheimer Report 2009 by Alzheimer’s Disease International,

issued on the occasion of World Alzheimer’s Day on 21 September 2009,

– having regard to the Commission proposal of 22 July 2009 for a Council Recommendation

on measures to combat neurodegenerative diseases, in particular Alzheimer’s, through joint

programming of research activities (COM(2009)0379),

– having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

A. whereas neurodegenerative diseases such as Alzheimer’s and Parkinson’s disease are major

contributors to long-term disability, affecting more than seven million citizens of the

European Union, a number that will probably double in the coming decades as a result of

the ageing of the population,

B. whereas no cures are currently available for neurodegenerative diseases and knowledge

about prevention, treatment, and identification of risk factors is very limited,

C. whereas the cost of dementia disorders in the EU-25 in 2005 was estimated at

EUR 130 billion, or an average of approximately EUR 21 000 per year per person affected

by dementia; whereas that average includes direct costs and costs incurred as a result of

informal care,

D. whereas Alzheimer’s and Parkinson’s disease and related forms of dementia are being

studied from multiple perspectives and in different areas of research, which may contribute

to a further fragmentation of research activities,

E. whereas most of the research effort in the field of neurodegenerative diseases is carried out

by Member States, with a relatively low level of transnational coordination, leading to

fragmentation and limited sharing of knowledge and best practices among Member States,

1. Welcomes the proposed pilot project for joint programming of research activities in the field

of neurodegenerative diseases; believes that joint programming could be highly valuable in

reducing fragmentation of the research effort, leading as it would to a pooling of a critical

mass of skills, knowledge and financial resources;

2. Considers neurodegenerative diseases such as Alzheimer’s and Parkinson’s disease to be

one of the European Union’s greatest challenges in mental health and takes the view that the

fight against Alzheimer’s and Parkinson’s disease must therefore respond to a dual

challenge: providing care for an increasing number of patients on a day-to-day basis and

securing more resources so that the number of patients steadily decreases in the future;

therefore supports the adoption of the proposed Council Recommendation;

PE 431.838\ 17

EN

3. Underlines the need to step up efforts urgently to address the effects of neurodegenerative

diseases, in particular Alzheimer’s and Parkinson’s disease, at a social and public-health

level, in the context of an ageing European population and with a view to ensuring the

future sustainability of national health systems;

4. Encourages all the Member States to engage actively in the definition, development and

implementation of a common research agenda in the field of neurodegenerative diseases;

5. Calls on the Member States to improve epidemiological data on Alzheimer’s, Parkinson's

disease and other forms of dementia, in particular in asymptomatic phases and before the

onset of incapacity;

6. Points to the importance of a multidisciplinary approach to research in this field,

encompassing diagnosis, treatment, prevention, and social research into the welfare of

patients and their families and carers; believes that early diagnostic tests, research into risk

factors (such as the environment) and criteria for early diagnosis are crucial; this being the

case, sees clear added value in conducting large-scale epidemiological and clinical studies

in transnational collaboration;

7. Believes that research programmes should concentrate, as a priority, on prevention,

biomarkers (including susceptibility genetics), methods of diagnostic imaging, early

diagnosis methods based on a multidisciplinary approach, standardisation of criteria and

diagnostic tools and the creation of broad-based databases that can be used for population

studies, treatment strategies and clinical studies of new chemical and biological substances,

vaccines and technologies;

8. Points to the importance of research into the connection between the ageing process and

dementia and between dementia and depression in the elderly; encourages Member States,

furthermore, to promote research programmes that give great importance to patient choice

and perspective;

9. Encourages the Council to build on existing structures when setting up the pilot project for

joint programming of research activities, avoiding the creation of new bureaucratic

structures, and to collaborate where possible with industry in order to benefit from all

available resources and experience, while ensuring independence and autonomy;

10. Encourages the Commission and the Council to include the problems of dementia in all

existing und upcoming European Union initiatives related to disease prevention, particularly

in connection with early diagnosis, cardiovascular health and physical activity;

11. Considers it important that the Commission should adopt a recommendation inviting

Member States to inform the public about lifestyle changes that can delay and prevent the

onset of neurodegenerative diseases, in particular Alzheimer’s and Parkinson’s disease, and

to promote ‘brain-healthy lifestyles’;

12. Suggests that the Council and the Commission consider launching a European Year of the

Brain in order to raise awareness of age-related neurodegenerative diseases and measures to

prevent them;

13. Calls on the Council to involve representatives of patient and carer organisations and

healthcare providers appropriately in the pilot project for joint programming of research

18 /PE 431.838

EN

activities;

14. Calls on the Council to inform Parliament of the progress and results relating to the pilot

project;

15. Calls on the Commission to involve Parliament properly in any decision to support the pilot

project and any future joint programming initiative in the field of research with funding

from the Seventh Framework Programme for Research and Development (FP7);

16. Believes that Article 182(5) of the Treaty on the Functioning of the European Union, as

inserted by the Treaty of Lisbon, which establishes measures necessary for the

implementation of the European research area, could provide a more appropriate legal basis

for future joint programming initiatives in the field of research; calls on the Commission to

consider seriously using Article 182(5) as a legal basis for all future proposals for joint

programming of research activities;

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

governments and parliaments of the Member States.

PE 431.838\ 19

EN

P7_TA-PROV(2009)0066

The European Ombudsman’s activities (2008)

European Parliament resolution of 12 November 2009 on the annual report on the

European Ombudsman’s activities in 2008 (2009/2088(INI))


– having regard to the annual report on the European Ombudsman’s activities in 2008,

– having regard to Article 195 of the EC Treaty,

– having regard to Articles 41 and 43 of the Charter of Fundamental Rights of the European

Union,

– having regard to its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the

regulations and general conditions governing the performance of the Ombudsman’s duties1,

– having regard to the framework agreement on cooperation concluded between the European

Parliament and the Ombudsman on 15 March 2006, which entered into force on 1 April

2006,

– having regard to the Commission’s communication of 5 October 2005 entitled

‘Empowerment to adopt and transmit communications to the European Ombudsman and

authorise civil servants to appear before the European Ombudsman’ (SEC(2005)1227),

– having regard to its Decision 2008/587/EC of 18 June 2008 amending Decision

94/262/ECSC, EC, Euratom on the regulations and general conditions governing the

performance of the Ombudsman’s duties2,

– having regard to the revision by the Ombudsman of his implementing provisions in order to

reflect the changes to the Statute, which revised implementing provisions came into force

on 1 January 2009,

– having regard to its previous resolutions on the European Ombudsman’s activities,

– having regard to Rule 205(2), second and third sentences, of its Rules of Procedure,

– having regard to the report of the Committee on Petitions (A7-0020/2009),

A. whereas the annual report on the European Ombudsman’s activities in 2008 was formally

submitted to the President of Parliament on 21 April 2009 and whereas the Ombudsman, Mr

Nikiforos Diamandouros, presented the report to the Committee on Petitions in Strasbourg

on 14 September 2009,

B. whereas Article 41 of the Charter of Fundamental Rights (2007 version) states: ‘Every

person has the right to have his or her affairs handled impartially, fairly and within a

1 OJ L 113, 4.5.1994, p. 15. 2 OJ L 189, 17.7.2008, p. 25.

20 /PE 431.838

EN

reasonable time by the institutions, bodies, offices and agencies of the Union’,

C. whereas Article 43 of the Charter (2007 version) states: ‘Any citizen of the Union and any

natural or legal person residing or having its registered office in a Member State has the

right to refer to the European Ombudsman cases of maladministration in the activities of the

institutions, bodies, offices or agencies of the Union, with the exception of the Court of

Justice of the European Union acting in its judicial role’,

D. whereas it is essential that the European institutions and bodies make full use of the

necessary resources in order to fulfil their obligation to ensure that citizens receive prompt

and substantive responses to their enquiries, complaints and petitions,

E. whereas, although eight years have passed since the adoption of Parliament’s resolution of 6

September 20011 approving the Ombudsman’s Code of Good Administrative Behaviour,

the other main institutions have not yet fully complied with Parliament’s request that they

bring their practice into line with the provisions of that code,

F. whereas the Ombudsman registered 3 406 complaints in 2008, compared to 3 211 in 2007,

and whereas 802 complaints, compared to 870 in 2007, were found to be within the

Ombudsman’s mandate,

G. whereas the findings of the 355 completed inquiries, of which 352 were linked to

complaints and three were own-initiative investigations, show that in 110 cases

(corresponding to 31% of the complaints investigated) no maladministration was

ascertained,

H. whereas in 129 cases (36% of the total) closed in 2008, the institution concerned accepted a

friendly solution or settled the matter, which shows a strong willingness on the part of the

institutions and bodies to see complaints to the Ombudsman as an opportunity to remedy

mistakes that have occurred and to cooperate with the Ombudsman for the benefit of

citizens,

I. whereas four cases were closed in 2008 after an amicable resolution had been achieved and

whereas, at the end of 2008, 25 proposals for amicable solutions were still under

consideration,

J. whereas the most common allegation of maladministration dealt with by the Ombudsman in

2008 was lack of transparency (in 36% of inquiries opened),

K. whereas in 2008 the Ombudsman increasingly made use of more informal procedures aimed

at the prompt resolution of complaints, which proves the extent to which the Ombudsman is

respected and demonstrates the institutions’ readiness to help citizens,

L. whereas in 2008 the Ombudsman closed 44 inquiries with critical remarks, and whereas a

critical remark confirms to the complainant that his or her complaint is justified and

1 European Parliament resolution on the European Ombudsman’s Special Report to the European

Parliament following the own-initiative inquiry into the existence and the public accessibility, in the

different Community institutions and bodies, of a Code of Good Administrative Behaviour (OJ C 72

E, 21.3.2002, p. 331).

PE 431.838\ 21

EN

indicates to the institution or body concerned what it has done wrong, so as to help it avoid

maladministration in the future,

M. whereas it is with a view to improving the EU institutions’ performance in the future that

the Ombudsman has made increasing use of further remarks by which he identifies an

opportunity to enhance the quality of the administration, and whereas further remarks were

made in a total of 41 cases in 2008,

N. whereas 23 draft recommendations were issued in 2008, of which eight were accepted by

the institution concerned, and whereas four draft recommendations from 2007 led to a

decision in 2008,

O. whereas one case of maladministration led to a special report to the European Parliament in

2008, and whereas submitting a special report to Parliament represents a valuable means by

which the Ombudsman can seek the political support of Parliament and its Committee on

Petitions in order to bring satisfaction to citizens whose rights have been infringed, as well

as promoting the improvement of standards of EU administration,

P. whereas neither the critical remarks contained in decisions closing irremediable cases of

maladministration, nor recommendations or special reports by the Ombudsman, have

binding effect, as his powers do not extend to directly remedying instances of

maladministration but are intended to encourage self-regulation on the part of the European

Union’s institutions and bodies,

Q. whereas, since the entry into force of the Treaty of Nice, Parliament has enjoyed the same

right as the Member States, the Council and the Commission to bring an action before the

Court of Justice of the European Communities on grounds of lack of competence,

infringement of an essential procedural requirement, infringement of the EC Treaty or of

any rule of law relating to its application, or misuse of powers,

R. whereas the critical comments regarding maladministration voiced by the Ombudsman in

the 2008 report (critical remarks, draft recommendations and special report) may serve as a

basis for avoiding a repetition of errors and malfunctions in future by the implementation of

appropriate measures by the institutions and other bodies of the European Union,

S. whereas the cooperation established by the Ombudsman within the European Network of

Ombudsmen has functioned for over ten years as a flexible system for exchanging

information and best practice and as a means of re-directing complainants to the

ombudsmen or other similar bodies most able to assist them,

T. whereas the role of the Ombudsman in protecting the interests of EU citizens in the face of

the institutions and bodies of the European Union has evolved in the 14 years since the

office was created, thanks to the Ombudsman’s independence and Parliament’s democratic

scrutiny of the transparency of his activities,

U. whereas the activities of the Ombudsman and of the Committee on Petitions must remain

separate and – as a general rule aimed at avoiding potential conflicts as regards their

respective prerogatives – should include reciprocal referral of their respective files,

1. Approves the annual report for the year 2008 presented by the European Ombudsman and

its structure, combining a summary of the year’s activities with an overview of the

22 /PE 431.838

EN

complaints and inquiries and a thematic analysis of the Ombudsman’s decisions, covering

the most significant findings of law and fact contained in the Ombudsman’s decisions in

2008, as well as the problems raised at various stages of the procedure;

2. Considers that clearer presentation of the statistical data, including the new method of

calculating and the new layout, has made the report more comprehensible, accessible and

user-friendly;

3. Calls for all EU institutions and bodies to be given the necessary budgetary and human

resources to ensure that citizens receive prompt and substantive responses to their enquiries,

complaints and petitions;

4. Considers that the Ombudsman has continued to exercise his powers in an active and

balanced way, both with regard to examining and handling complaints and conducting and

concluding enquiries and with regard to maintaining constructive relations with the

European Union’s institutions and bodies and encouraging citizens to make use of their

rights in relation to those institutions and bodies;

5. Calls on the Ombudsman to pursue his efforts in raising awareness of his work and to

promote his activities effectively and transparently;

6. Considers that the term ‘maladministration’ should continue to be broadly interpreted so as

to include not only infringements of legal rules or general principles of European

administrative law, such as objectivity, proportionality and equality, non-discrimination,

and respect for human rights and fundamental freedoms, but also instances where an

institution fails to act consistently and in good faith, or to take into account the legitimate

expectations of citizens, including when an institution has itself undertaken to respect

certain norms and standards without being obliged to do so by the Treaties or secondary

legislation;

7. Regards the role of the Ombudsman in enhancing openness and accountability in the

decision-making processes and administration of the European Union as an essential

contribution towards a Union in which decisions are taken ‘as openly as possible and as

closely as possible to the citizen’, as provided for in Article 1(2) of the Treaty on European

Union;

8. Repeats its call, expressed in previous resolutions, for all EU institutions and bodies to

adopt a common approach with regard to the Code of Good Administrative Behaviour;

9. Notes that the Code of Good Administrative Behaviour proposed by the Ombudsman, as

approved by Parliament on 6 September 2001, serves as a guide and resource for the staff of

all Community institutions and bodies and has been regularly updated and published on the

Ombudsman’s website;

10. Welcomes the revision of the Ombudsman’s Statute, in particular the Ombudsman’s

strengthened powers of investigation which will help to ensure that citizens can have full

confidence in his ability to conduct a thorough investigation of their complaints without

restrictions;

11. Stresses the need to contribute to the public understanding of the duties of the Ombudsman

by providing citizens, companies, non-governmental organisations and other entities with

PE 431.838\ 23

EN

information, and considers that easily understood, accurate and high-quality information

may help to reduce the number of complaints which do not fall within the Ombudsman’s

mandate;

12. Considers that the figure in respect of inadmissible complaints remains unsatisfactory

although understandable, and recommends in view of this that a continued information

campaign be conducted amongst European citizens designed to raise their awareness of the

functions and competence of the members of the European Network of Ombudsmen;

13. Recognises the Ombudsman’s efforts to improve the institutions’ performance and his

endeavours aimed at further shortening the current average length of inquiry of 13 months;

14. Welcomes the constructive cooperation between the Ombudsman and the EU institutions

and bodies and endorses him in his role of external control mechanism and, in addition, as a

valuable source of ongoing improvement to European administration;

15. Welcomes the signing on 9 July 2008 of a Memorandum of Understanding between the

Ombudsman and the European Investment Bank and the agreement by the Union’s agencies

to adopt the European Code of Good Administrative Behaviour in their relations with

citizens;

16. Calls on the Ombudsman to maintain a watching brief and ensure that the Commission

makes proper use of its discretionary powers to initiate infringement proceedings under

Article 226 of the EC Treaty or to propose penalties under Article 228 of the EC Treaty,

while taking scrupulous care to avoid delays or unjustifiable failure to take prompt action,

which are incompatible with the Commission’s powers to oversee the application of EU

law, and requests that he continue to liaise with the Committee on Petitions in this

connection;

17. Reiterates its view that, if an institution refuses to follow a recommendation contained in a

special report by the Ombudsman despite Parliament having approved that

recommendation, Parliament could legitimately use its powers to bring an action before the

Court of Justice in respect of the act or omission which was the subject of the

Ombudsman’s recommendation; invites the committee responsible for the Rules of

Procedure to propose appropriate provisions, to be introduced into the Rules, for the

initiation of such an action;

18. Notes that the Ombudsman has presented a special report criticising the Commission for

having failed adequately to justify its treatment of freelance auxiliary conference

interpreters over 65 years of age, on which Parliament adopted a resolution on 5 May 20091;

19. Considers that, when the Ombudsman and the Committee on Petitions, acting within their

respective mandates and competences, investigate overlapping issues, such as, respectively,

the manner in which the Commission has conducted infringement proceedings and the

alleged infringement itself, they can achieve a much more useful synergy through close

cooperation;

20. Welcomes the excellent relationship between the Ombudsman and the Committee on

Petitions within the institutional frameworks as regards reciprocal respect of competences

1 Texts adopted, P6_TA(2009)0340.

24 /PE 431.838

EN

and prerogatives;

21. Recognises the useful contribution made by the European Network of Ombudsmen, of

which the Committee on Petitions is a member, in line with the principle of subsidiarity, in

securing extra-judicial remedies; welcomes the collaboration between the European

Ombudsman and ombudsmen and similar bodies at national, regional and local levels in the

Member States, and urges further strengthening of the exchange of best practice, thereby

allowing for the rapid spread of best practices among Member States;

22. Welcomes the publication on the Ombudsman’s website in 2008 of two studies regarding

the follow-up given by the institutions concerned to critical and further remarks made in

2006 and 2007;

23. Encourages the Ombudsman to continue to place great emphasis on events involving

information for citizens and, hence, potential complainants, since it is clear that the

demarcation of responsibilities and decision-making processes between the European,

national and regional levels is still too confusing and hard to grasp for many citizens and

businesses;

24. Welcomes the enhanced information campaign promoted by the communications strategy

adopted by the Ombudsman, which leads to greater awareness of citizens’ rights and

Community competences, as well as a greater understanding of the Ombudsman’s sphere of

competence;

25. Notes that each institution has its own website enabling complaints, petitions, etc. to be

lodged, and that this can frustrate citizens in distinguishing between the various institutions;

supports, therefore, the development of an interactive manual designed to assist citizens in

identifying the most suitable forum for resolving their problems;

26. Welcomes the Ombudsman’s new website as a very substantial response to this issue;

27. Suggests that this idea be developed further, and that a common website of the European

institutions be put in place to help citizens and refer them directly to the institution

competent to handle their complaint, thereby reducing the number of inadmissible

complaints filed with the European Ombudsman;

28. Calls on the European Ombudsman to commit himself to directly forwarding, after

obtaining the consent of the complainant concerned, each complaint that falls within the

competence of a national or regional ombudsman;

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

European Ombudsman, and to the governments and parliaments of the Member States and

their ombudsmen or similar competent bodies.

PE 431.838\ 25

EN

P7_TA-PROV(2009)0067

Transitional procedural guidelines on budgetary matters in view of the entry

into force of the Lisbon Treaty

European Parliament resolution of 12 November 2009 on transitional procedural

guidelines on budgetary matters in view of the entry into force of the Lisbon Treaty

(2009/2168(INI))


– having regard to the Treaty on the European Union and the Treaty Establishing the

European Community,

– having regard to the Treaty of Lisbon (TL),

– having regard to the Interinstitutional Agreement of 17 May 2006 between the European

Parliament, the Council and the Commission on budgetary discipline and sound financial

management1 (IIA),

– having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the

Financial Regulation applicable to the general budget of the European Communities2

(Financial Regulation),

– having regard to its resolution of 7 May 2009 on the financial aspects of the Treaty of

Lisbon3,

– having regard to its resolution of 25 March 2009 on the Mid-Term Review of the 2007-2013

Financial Framework4,

– having regard to Rule 48 of its Rules of Procedure,

– having regard to the report of the Committee on Budgets (A7-0045/2009),

A. whereas the TL introduces important modifications in financial and budgetary matters,

notably by rendering the multiannual financial framework (MFF) a legally binding act with

which the annual budget has to comply, by suppressing the distinction between compulsory

and non-compulsory expenditure and by substantially simplifying the budgetary procedure,

B. whereas these modifications render obsolete some of the provisions of the IIA and of the

Financial Regulation,

C. whereas its entry into force will thus require the rapid adoption of several legal acts

necessary to put into practice the new “financial constitution” of the Union, notably:

– the adoption of the new regulation containing the MFF;

1 OJ C 139, 14.6.2006, p. 1 2 OJ L 248, 16.9.2002, p. 1. 3 Texts adopted, P6_TA(2009)0374. 4 Texts adopted, P6_TA(2009)0174.

26 /PE 431.838

EN

– the adaptation of the Financial Regulation to the new principles on how to adopt and

implement the budget;

– the approval of a new IIA containing mainly rules on the collaboration of the

institutions during the annual budgetary procedure that are not included in the two

mentioned legal instruments,

D. whereas even if the procedures to adopt these new instruments run smoothly, they will

require long negotiations and may last for several months after the entry into force of the

TL,

E. whereas in order to ensure the appropriate application of the principles of the TL, it would

be advisable for the institutions to agree on some provisional guidelines allowing for the

implementation of the budget, for the adoption of amending budgets if it proves

indispensable to do so and on the practical modalities of interinstitutional collaboration in

the framework of the budgetary procedure for 2011,

F. whereas these transitional guidelines should be in place at the beginning of 2010, which

would require them to be agreed at the budgetary conciliation before the second reading of

the Council, scheduled for 19 November 2009,

G. whereas in order to ensure that Parliament's delegation - representing one branch of the

budgetary authority - has a solid position for the future negotiations it should be given clear

orientations based on a mandate endorsed by Parliament,

1. Welcomes the imminent entry into force of the TL, which will give full application to the

principle of joint approval by the two branches of the budgetary authority - if necessary

through the convening of the conciliation committee - of the whole annual budget; considers

that this principle should sic et simpliciter be applied, with the necessary adaptations (such

as a simplified form of conciliation), to all other budgetary procedures not specifically

mentioned in the Treaties, such as the adoption of amending budgets and transfers;

2. Considers it necessary for both branches of the budgetary authority to agree on transitional

guidelines for the implementation of the budget, notably the approval of transfers, on the

adoption of amending budgets and on principles for practical interinstitutional collaboration

during the annual budgetary procedure, which would be applicable until the adoption of the

legal acts necessary to ensure the implementation of the new rules introduced by the TL is

complete;

3. Stresses that conditions for agreement on these guidelines should be that the latter fully

respect the institutional balance, that they entirely secure Parliament's new budgetary

prerogatives under the TL (in terms of content, procedure and calendar) and that they be

applied only until the relevant legal acts are adopted and enter into force;

4. Considers that in any case transitional measures may neither diverge from the general

principles set by the new Treaty nor prejudge the forthcoming legislative procedures, but

that they should allow the two arms of the budgetary authority to find the necessary

practical arrangements pending the adoption of the legislation;

5. Considers that such transitional guidelines are necessary in the areas concerning the

procedure for adoption of amending budgets, the approval of transfers and the definition of

PE 431.838\ 27

EN

a pragmatic calendar and collaboration principles applicable to the annual budgetary

procedure, in order to provide a framework for the cooperation between the two arms of the

budgetary authority with a view to facilitating the smooth and successful running of the

procedures;

Amending budgets

6. Recalls that amending budgets may be adopted only following the same procedure

established by the treaties for the annual budgetary procedure, including the conciliation

committee if necessary, except in so far as the calendar is concerned, and considers that, as

for the annual budget, the budgetary authority has the right to introduce amendments on

elements not known at the moment of the adoption of the budget;

7. Stresses that the current number of amending budgets is excessive and should be reduced as

much as possible, in order to comply with the conditions set out in Article 37 of the

Financial Regulation in respect of their presentation; considers it desirable for the

institutions to agree on some periods of the year on which amending budgets should be

presented, except in very urgent circumstances;

8. Points out that the purpose of the transitional guidelines concerning amending budgets

should aim to facilitate reaching an agreement by the two branches of the budgetary

authority without ruling out resorting to the conciliation committee; considers that this goal

could be pursued through improving the exchange of information between the Commission

and the two branches of the budgetary authority and amongst each other; stresses, however,

that those guidelines must fully respect the prerogatives of Parliament concerning the

budgetary procedure which applies in general to amending budgets, as mentioned above;

Transfers

9. Considers that Parliament and Council should have the possibility of expressing, on equal

terms, their approval of, or opposition to, all transfers currently submitted for approval of

the budgetary authority, irrespective of their nature (payments or commitments) and of their

amounts, to the extent that such transfers represent a deviation from the decision of the

budgetary authority; considers, therefore, that a procedure respecting the balance between

the two branches of the budgetary authority, including, if necessary, a simplified form of

conciliation, is the only option compatible with the TL;

10. Considers that a possible agreement on transfers shall aim at avoiding conflicts between the

two branches of the budgetary authority, which are both entitled to pronounce themselves

on an equal footing, avoiding complicating usual management by the relevant services, and

harmonising the calendar in order to possibly avoid the convocation of conciliation

structures, without putting into question the current level of intervention of Parliament in

the adoption of transfers; considers it desirable that the threshold for transfers remains

constant;

Provisional twelfths

11. Considers that the TL contains sufficiently clear rules on provisional twelfths allowing for

its application in case of necessity without the need for transitional guidelines on the matter;

Calendar and collaboration principles for the annual budgetary procedure

28 /PE 431.838

EN

12. Considers that the calendar of the annual procedure should continue to allow a wide

consultation of the different bodies within Parliament and respect multilingualism

requirements; stresses that it is not ready to accept a reduction of the period of time

available for taking its decisions;

13. Is of the opinion that transitional guidelines on collaboration principles should aim at

improving the cooperation between the institutions during the different stages of the

budgetary procedure and adapting (and anticipating, if necessary) the different steps of the

pragmatic calendar to the new rules on the budgetary procedure, with a view to

transforming what have become purely formal meetings into genuine in-depth exchanges of

views; stresses its wish, however, that a new reduced IIA on establishing sound rules on

these matters be agreed between the institutions before the budgetary procedure for 2011

starts;

14. Calls on the Commission to present as soon as possible proposals for a common

understanding on these issues by the two branches of the budgetary authority along the lines

of this resolution;

15. Calls also on the Commission to present as soon as possible the appropriate proposals for

the adoption of a regulation containing the MFF and for the adaptation of the Financial

Regulation; stresses that these proposals constitute a single political package and should be

presented and dealt with together; strongly expects that these proposals take into account the

demands expressed by Parliament in its resolutions on the financial aspects of the TL and on

the mid-term review;

16. Recalls that, according to the TL, the consent of Parliament is required for the adoption of

the new regulation containing the MFF and that the modifications of the Financial

Regulation will fall under the ordinary legislative procedure (co-decision);

17. Confers a mandate on the Committee on Budgets to negotiate and agree at the budgetary

conciliation of November 2009 on the required transitional guidelines on the issues

mentioned above within the limits and under the conditions set out in this resolution;

0

0 0

18. Instructs its President to forward this resolution to the Council and the Commission.

P7 TA-PROV 2009 11-12 EN - European Parliament · 2009. 11. 23. · 12 November 2009...

Documents

Transcript of P7 TA-PROV 2009 11-12 EN - European Parliament · 2009. 11. 23. · 12 November 2009...