2. Somalia: routine killing of civilians
President
The next item is the debate on six motions for a resolution on Somalia.
Mikel Irujo Amezaga
author. - (ES) Mr President, I would first like to express my deep concern at the recent cases of hijacking of boats in Somali waters and the hijackers' humiliating treatment of crews.
From this same seat, I asked the European Union to adopt a Community policy of coordination and mutual assistance that would allow military vessels in international waters and flying the flag of a Member State to protect merchant and fishing boats flying the flag of other Member States at the first possible opportunity.
In addition, I would like to denounce categorically the trade in weapons and ammunition with organised bands and paramilitary factions. My group would like to ask the competent international organisations and appropriate regional organisations to recommend adequate preventive measures to stop weapons reaching such groups.
My group would like to ask donor countries and the European Union to respect their commitments and guarantee close coordination to increase the effectiveness of development aid.
We would also like to ask the Commission, represented here today, to propose a rapid, considerable increase in European Union financial resources for Somalia, particularly on the occasion of the intermediate review of the 10th European Development Fund, and also an increase in its physical presence in that country. I would like to take advantage of the presence of the Commission to ask what it is doing or plans to do in this regard.
Obviously, I cannot finish my speech without calling on all Somali factions to end one of the longest and most destructive armed conflicts in recent years and this resolution does the same.
Marios Matsakis
author. - Mr President, Somalia is a country stricken by civil war and poverty over a number of years now. Thousands of civilians have died as a result, and hundreds of thousands have suffered and are still suffering.
The international community has taken some action and, it has to be said, with some limited success. But the plight of the Somali people continues, and the killing of civilians in that region, unfortunately, has now become a routine matter.
Bold and effective additional action is necessary, mainly - in my view - as follows:
Firstly, the UN arms embargo on Somalia must be strictly enforced. This must include China, which is the usual culprit in such situations.
Secondly, it must be ensured that all UN and EU aid going to Somalia reaches those in real and legitimate need and does not enter the pockets of war lords.
Thirdly, pressure must be exerted on the UN Security Council to proceed urgently with the implementation of its unanimous decision of 15 May 2008 to deploy a sufficiently strong UN peacekeeping force in the region - making sure, of course, that such peace-keepers are not of the same quality as those who recently were accused of committing crimes against the local population they were supposed to protect.
Fourthly, the African Union must, once again, be made to understand that it bears primary responsibility for what is happening in African regions such as Somalia, and - instead of much ineffective rhetoric - it must take urgent and practical action against all those regimes or other parties or factions that are throwing African people deeper into primitive and desperately dramatic situations.
John Bowis
author. - Mr President, in 1960, British and Italian Somaliland looked forward to their dream of independence. But that dream very soon turned sour and I remember as chairman in the British Parliament of the British Somali Group, having this string of refugees coming to tell us first about the authoritarian regime in that country and then, of course, about the factional fighting and the anarchy.
Somaliland still has a degree of independence and stability, as does Puntland. But Mogadishu is a name synonymous with violence, murder, riots, hunger and a failed economy.
So what do we do? Well, we cannot do that much. Certainly not individually; probably not as Europe. But we can work with other international players to put pressure on the players inside the country to agree to halt the ongoing conflict, to halt violence, to stop the violations of international human rights and to work towards peace.
We have got to persuade them to allow humanitarian assistance to reach those most in need, and we have, perhaps, to help them ensure the safety of those humanitarian aid workers.
We must appeal to those outside who can help. We appeal to Kenya to allow Somali refugees to have access to the El Wak border and the right to assistance in that country.
We appeal to everyone, as has been referred to already, to ensure that we have the embargo on the sale of arms to that country. We insist that those who have committed war crimes must be brought to justice and, where appropriate, to the International Criminal Court. And, of course, we welcome the UN Security Council's resolution of May calling for the deployment of 28 000 troops as a peacekeeping force; more realistically, perhaps, we urge that AMISOM be mandated to take protective action.
We need action: not just resolution, but we need international action.
Erik Meijer
author. - (NL) Mr President, the violence in Somalia has everything to do with the fact that since 1991 there has no longer been a generally recognised government there. In the south and centre of the country there has been fighting between the militias of various warlords for years and in the north the administration of the territory of the former British colony of Somaliland that is operating there is not recognised internationally.
Then a conflict broke out between the Union of Islamic Courts and the army of neighbouring Ethiopia. Talks about reunification of the country never received general support and those who did support them often stopped.
The years of chaos soon turn support from the rest of the world for any transitional government into interference in insoluble armed domestic conflicts.
In the past few years I have warned a number of times that, by helping to finance failing structures, the European Union is being tied to one of the warring parties without any prospect of a lasting and widespread solution.
Europe certainly has to help if a solution is possible, but over-hasty interference leads to disaster.
In a previous urgent debate on Somalia on 15 November 2007, this Parliament adopted a resolution calling for an end to foreign military intervention and for dialogue and reconciliation within the country.
It is to be welcomed that the resolution that has now been tabled speaks out against European Union support for warlords who are trying to re-establish their power, against the use of child soldiers and against further arms supplies.
Yesterday there was an unsuccessful attempt to murder the Transitional President, Abdullahi Yusuf. Armed troops are still in sharp conflict with each other. We now have to see whether the agreement reached last week to end the violence within 30 days and to replace the Ethiopian intervention force with a United Nations peacekeeping force has a real chance of success. If that leads to real solutions, it will make sense for Europe to support it.
Adam Bielan
author. - (PL) Mr President, the recent resumption of fighting in Somalia between units of the Transitional Federal Government and insurgents has claimed the lives of more than a hundred people and has led to the mass exodus of the civilian population from the Somali capital Mogadishu. Violations of human rights are an everyday occurrence in Somalia by all sides in the conflict, with torture, rape, murder and attacks on civilians.
The international community cannot remain indifferent towards these glaring acts of violence in Somalia. The European Union must decisively increase its involvement in order to resolve the conflict in Somalia and should call on the parties to the conflict to take all possible steps to provide humanitarian organisations with unimpeded access to victims in that country so that they can bring them aid. Bringing in UN peacekeepers until the political situation improves would also be a step in the right direction, as would renewing UN embargoes on the supply of arms to Somalia.
Filip Kaczmarek
on behalf of the PPE-DE Group. - (PL) Mr President, one month ago the Global Peace Index rankings were published. This is the result of research carried out in 140 countries each year by the Institute for Economics and Peace.
The research found that Somalia was the second most dangerous country in the world, after Iraq. The reality is depressing. No progress is visible in the resolution of this long-running conflict and the information that is coming out is horrifying. I will not describe it all here, but will say just that, as far as Somali pirates are concerned, they have hijacked 26 ships so far since the beginning of this year.
In a conflict that is as hopeless as the one in Somalia, any agreement between the parties should be given due attention. Let us hope that the agreement of 9 June in Djibouti will prove to be a breakthrough in this conflict and will lead to lasting peace.
Marianne Mikko
on behalf of the PSE Group. - (ET) Ladies and gentlemen, Somalia has become an arena of conflict, not to say a hell. Human rights and international law are flagrantly flouted; the country languishes in poverty.
Thousands of civilians have perished in clashes between the Islamists and government units and hundreds of thousands have been forced to flee. People are killed, raped and tortured every day.
United Nations statistics for 2007 show that there are approximately 457 000 Somali refugees in the world. That means half a million Somalis who have been forced to flee their homeland for the sake of survival.
During the past three months, the violence in Mogadishu has forced more than fifty thousand people to flee. The situation is completely out of control.
I sympathise with the people fleeing the violence. We must do everything that is in Europe's power to help Somalia to take a course toward peace. The conflict must not be allowed to develop into a regional war. Africa needs peace as it needs air.
Ewa Tomaszewska
on behalf of the UEN Group. - (PL) Mr President, Somalia has seen brutal fighting for many years. In the last few days it is estimated that about one hundred people have been killed and about two hundred wounded. Thousands of people had to abandon their homes in Mogadishu. Attacks on civilians and the media are increasing. On 7 June Nasteh Dahir Farah, vice-president of the National Union of Somali Journalists, was brutally murdered. Workers from aid organisations have also been murdered, among them Mohamed Mahdi. There is growing recruitment of children into army units. 2.6 million Somalis (about 35% of the population) require humanitarian aid. In its reports, Amnesty International has described some of the extreme forms of attacks on unarmed civilians. Attackers frequently just cut the throats of women and teenagers.
We call on the UN Security Council to reinforce the contingent of peacekeepers in Somalia in accordance with the resolution passed on 15 May and also to reinforce the embargo on the supply of arms to Somalia.
Bernd Posselt
(DE) Mr President, rarely has a resolution in this House ever had such a gruesome title as 'Routine killing of civilians'. We cannot make a routine response, ladies and gentlemen; we must bring our full weight to bear. One in eight of the population have been displaced in the past twelve months, and by the end of the year half of the civilian population could be dependent on humanitarian aid.
I am grateful to Mr Dess and others for the food aid and medical aid that are being dispensed there, but now we must also target a political solution that has not been in place since 1991. The only option, in my view, is for the UN force to be deployed, but it must be supplemented by appropriate civilian structures. As far as the Transitional Federal Government is concerned, we have to ask where the transition is leading. It is either a transition to a viable autonomous structure, or else it is necessary to establish an international civilian structure, as has happened in other countries. If we do not get this right, we shall ultimately have the entire nation dependent on humanitarian aid. That cannot be the way to eradicate murders, rapes and famine.
Colm Burke
Mr President, the humanitarian situation in Somalia is deteriorating rapidly due to a combination of conflict, political instability and severe drought, as well as high inflation compounding matters further.
We could be in danger of a return to the scenes of the 1992 famine if the international community does not give Somalia greater priority. 2.6 million people out of a population of around 8.6 million urgently need assistance. If there is no significant improvement in this country, this figure could rise to 3.5 million by the end of 2008. 1.1 million people are now internally displaced. Since January alone, over 300 000 people have fled their homes.
Humanitarian organisations are severely hampered in their efforts to help Somali civilians and are experiencing attacks, theft and obstruction at checkpoints. Such personnel face significant risks on a daily basis in their attempts to deliver food to those most in need. The African Union Mission in Somalia and any succeeding UN peacekeeping mission must be mandated to protect civilians, including women, children and internally displaced persons. Attempts must also be made to stem the increase in the recruitment of child soldiers, particularly in Mogadishu.
Manuel Medina Ortega
(ES) Mr President, I have asked to speak in order to mention a single issue, piracy in Somali waters.
Some speakers (Mr Kaczmarek and Mrs Tomaszewska, I believe) have mentioned this issue, as do recital G and paragraph 8 of the proposal for a common resolution, but I want to point out that the drafting of paragraph 8 restricts action against piracy to defending vessels carrying humanitarian aid, so it would be better to vote separately on this paragraph and vote against it.
Finally, I would like to ask the Commission if it has any further information on possible European Union cooperation with the Security Council to guarantee maritime security in this area.
Czesław Adam Siekierski
(PL) Mr President, internal conflict and civil wars are particularly dangerous for societies and nations, as they lead to assassinations and pillaging, to people abandoning their homes as well as to forced evictions, to rape and torture and other atrocities. It is the civilian population that undergoes all of this, civilians who are unarmed and often attacked by different sides in the conflict.
Despite the steps taken by the UN Secretary General, the African Union and the support provided by the European Union, the situation in Somalia is so difficult that people speak of a humanitarian catastrophe. Children that are forced to take part in the conflict also witness terrible atrocities.
It would seem that the most effective way of dealing with this disaster and with this war is to put an international military force into Somalia.
Charlie McCreevy
Member of the Commission. - Mr President, unfortunately my colleague Louis Michel is not here today, so on his behalf I wish to share with you some remarks about this issue in Somalia.
Firstly, I would like to share your concern about the continuing conflict and political instability in Somalia. Somalia remains a context where fundamental rights and respect for basic human dignity continue to be shunned by armed entities perpetrating systematic and widespread attacks against civilians. Seventeen years of statelessness have seen loss of civilian life, mass displacements and destruction of physical infrastructures. One third of the population, corresponding to 2.6 million people, depends on humanitarian aid today. The European Union, together with other key international actors, is committed to helping at this critical juncture.
At the political level, the EU will continue to provide its full support to the UN Special Representative of the Secretary General in his efforts to coordinate the action of the international community and to facilitate inter-Somali political dialogue. We are now examining - together with other donors - the appropriate ways and means to better assist Somalis to effectively implement the Djibouti Agreement reached on 9 June. This agreement offers fresh hope for long-term peace and stability to the people of Somalia.
At humanitarian level, the EU is mainly focusing on supporting basic sectors such as health, nutrition, food assistance, shelter and non-food relief items, water and sanitation, as part of a range of activities particularly targeting central and southern areas of the country that have been badly affected by civilian strife and extreme natural hazards.
In 2007 our Humanitarian Aid Department managed to provide EUR 18 million in humanitarian assistance. In response to the worsening humanitarian situation and to the increase in food prices, the level of assistance should reach a total of EUR 27 million for this year.
At the development level, the EU is already the main aid donor for Somalia, providing medium- to long-term support for establishing a peaceful and self-sustainable society.
The EU Country Strategy for Somalia allocates more than EUR 212 million for the period 2008-2013, under the 10th European Development Fund. One third of this programme will be spent on education, which is relevant to respect for human rights. The critical goal is to encourage reconciliation, democracy and the development of governance structures at all levels. However, without peace and security it is not possible to engage effectively in longer-term development. Priority is therefore given to promoting a peaceful and secure environment in which human rights are respected and democratic processes and institutions can develop.
Commissioner Michel met with the Somali President, just a few days ago, on the margin of the IGAD Summit in Addis Ababa. On that occasion, President Yusuf made a strong appeal for international assistance to support a better, secure environment for people living in Somalia. We gave a commitment to provide strong support for the Somali Government to this end. The European Commission is already financing the training of Somali police forces through the UN, and funds are also being contributed to the costs of the AMISOM operation.
Ultimately the political process of reconciliation and stabilisation will also depend on the engagement and support of key regional players, namely Ethiopia and Eritrea, which have used the Somali theatre for a 'proxy war'. In this respect the withdrawal of Ethiopian troops from Somalia is a key element for any political breakthrough.
Commissioner Michel, who met Prime Minister Meles of Ethiopia and President Isaias of Eritrea last weekend, urged them to support the Djibouti process, which, although far from being perfect, offered a real if not the only opportunity to bring together the different Somali actors.
Despite the difficult circumstances, the Commission will continue its programme of aid to Somalia, which has been designed with Member States, in order to alleviate the suffering of the Somali population and to establish the ground for a peaceful society.
Some questions were raised about piracy and I would add that, although it is not competent for the deployment of naval forces as foreseen by UNSC Resolution 1816, the Commission has set up, together with the Council, a working group composed of the relevant directorates-general - namely the Energy and Transport DG, the Maritime Affairs and Fisheries DG, the Development DG and EuropeAid - to study the best way to implement the UN resolution.
President
The debate is closed.
The vote will take place at the end of the debates.


Poverty reduction and job creation in developing countries (short presentation)
President
The next item is the report by Eleni Theocharous, on behalf of the Committee on Development, on poverty reduction and job creation in developing countries: the way forward.
Eleni Theocharous
rapporteur. - (EL) Mr President, we all know that both Africa, in particular, and other regions of the world crippled by both poverty and democratic deficits are the soft underbelly of the international system.
I agreed to draft this report, obviously with the help of all the political groups, in the firm belief that the European Union can help to combat poverty in numerous ways, mainly by creating jobs. Of course, the European Union needs to help about half the population of the planet who are living below the poverty line.
Bearing in mind the lack of trust and suspicion on the part of the peoples of underdeveloped countries towards developed countries and the possible reaction on the part of the peoples of Europe to the constant drain on resources to fund the poor, we have tried to clarify from the start that developing the third world will have significant benefits for the European Union itself in every way: for example, developing jobs may help to address uncontrolled migration and, at the same time, reduce instability in poor countries.
Of course, also bearing in mind that the basic precondition to development is the establishment, restoration and improvement of democracy and democratic institutions and the operation of democratising institutions and, of course, the safeguarding of human rights and the rights of the child and action and involvement by civil society, we included this as a particularly important factor.
We set particular store on improving education and the free choice of scientists and other skilled workers to remain in their country.
Particular account was taken of the AIDS pandemic and its consequences as particularly aggravating factors which help to sustain the vicious circle of poverty, and so we set out the measures which need to be taken to address these factors so that they do not slow down development and action on poverty.
Finally, we took account of the numerous efforts undertaken, without success, on the part of the global community and all the international conventions being used to address poverty. Ninety-seven amendments were tabled and we managed to agree on proposals on many of them.
That left a number of amendments of a more ideological nature on which we have not reached full agreement and a number of formal issues. However, I do not think that they are of any particular practical importance if we really want to address poverty.
Elena Băsescu
(RO) Against the backdrop of the current economic crisis, resulting, by extension, in increased food and fuel prices, millions of people have been forced to face poverty. This poses a major challenge for developing countries. Although the EU is the largest donor in the world, the progress made in the fight against poverty remains fairly slow. It is imperative to rethink development aid policies, implement innovative funding methods and combat tax evasion in these countries.
I hope that the Millennium Development Goals Summit, which is taking place at the moment, will devise effective mechanisms for accelerating the process of reducing poverty.
As an EU Member State, Romania has become a development aid donor. In April, my country granted the Republic of Moldova non-refundable aid amounting to EUR 100 million.
Peter Jahr
(DE) Mr President, I would like to present an additional view from the perspective of agriculture. Agriculture plays a crucial role in alleviating poverty in the world and in supplying the population with food. However, in order to develop sustainable and stable agriculture, we need appropriate prices for agricultural products on the global market. Appropriate prices are an important economic prerequisite for the establishment of functional agriculture in developing countries. Secondly, it is, of course, also necessary for there to be a stable political situation and a lack of corruption there. This is an opportunity to combat hunger, create jobs and reduce poverty.
I have one more comment regarding export subsidies. The European Union has made mistakes in this regard in the past. However, we recognised the problems and rectified them. Reproaching European agricultural policy once again for these export subsidies is quite simply wrong.
Miroslav Mikolášik
(SK) Investments in healthcare and education generally lead to an increase in the well-being of citizens of developing countries and are a prerequisite for the sustainable development of all levels of society. It is, in my opinion, very sad that the national budgets of these countries, not to mention the development aid of the European Union, fail to take sufficient account of this fact, and fail to allocate even a minimal 20% of their expenditure to health and basic education.
I fully support the demand for basic education and public health to become the cornerstone of development policies so as to ensure that there is no reduction in domestic expenditure or international assistance in these areas. The Commission must ensure that financial resources are spent effectively on achieving these goals in the planned target locations and for the specified, most affected groups of recipients.
João Ferreira
(PT) Mr President, reducing poverty and creating jobs in developing countries requires a cooperation and development aid policy that is guided by genuine solidarity and contributes to the affirmation of autonomous and sovereign development in these countries.
The predictable failure to achieve the Millennium Development Goals on time has made it all the more urgent to remedy weaknesses and inconsistencies at this level.
Without education systems and universal, free, good quality healthcare, and without prioritising development in the agricultural sector as well as food sovereignty and security, there will be no reduction in poverty. Without diversification of the economy, support for local production, or fair and equitable trade relations, which are incompatible with the imposition of free and deregulated trade, there cannot be any creation of sustainable and lasting jobs with rights.
I would like to conclude by saying that it is unfortunate that the constraints imposed on less-developed countries by external debt and debt service continue to be ignored. Cancelling this debt is simply a matter of justice.
Michel Barnier
Mr President, still on behalf of my colleague, Mrs Georgieva, I should like to thank Mrs Theocharous for this very comprehensive and balanced report on a topical issue, since it is one of the issues being discussed at the highest level amongst world leaders right now at the UN. Your work rightly highlights a fundamental concern of our international cooperation: poverty reduction and job creation. This issue is all the more urgent at the present time, given the economic and financial crisis and the extremely sharp rise in the prices of oil, of raw materials and - as you yourself have said, Mrs Băsescu - of certain foodstuffs.
As the person in charge of financial services, I am also personally concerned by this speculation, this hyperspeculation on raw materials. Indeed, I raised this issue this morning with my colleague, Mr Cioloş, in a debate in Brussels, and we committed ourselves - in addition to what I have already presented this week on the regulation of derivatives - to the introduction of instruments to manage and reduce the speculation - which I personally find scandalous - on commodities, particularly agricultural commodities, to the detriment of countries which are least able to meet their own food needs.
Job creation and social protection have proved to be effective policies for reducing poverty in general, and particularly for combating the negative impact of the crisis on the social sphere. In April 2009, the Commission adopted a communication on the commitment to help developing countries overcome the crisis, and the Council also lent its support to this initiative. This shows our commitment to employment and to advances in social protection for the most vulnerable. Nevertheless, we must not simply react defensively when crises occur; we must also act for the long term. I think that this is the crux of your speech, Mr Ferreira; we must take action in support of these countries, particularly the weakest ones, in the long term.
The European ministers also confirmed their commitment to the Millennium Development Goals in the Council conclusions adopted this week and, as you are aware, a summit is being held at this very moment in New York. Employment promotion and social protection policies, which Mr Mikolášik mentioned, are described in the Council conclusions as an important element of the Millennium Development Goals. The Commission is convinced that it is quite simply impossible to combat poverty without taking account of these two aspects and, as you point out to great effect, Mrs Theocharous, the most vulnerable must be placed at the heart of our development efforts.
Of course, our policies are useless if they are not implemented, if they do not get beyond the debating stage. The introduction of an ad hoc 'Vulnerability FLEX' mechanism is a good example of the way in which donors can help maintain the level of expenditure in the social sector. I would also cite the EU's Food Facility, through which social assistance is given to the most vulnerable. Mr Jahr quite rightly highlighted the issue of farming production capacity to support the sovereignty and autonomy - I say autonomy rather than self-sufficiency - of these countries at regional level. These are also efforts which my colleague, Mr Piebalgs, very actively supports in the context of development policy.
Mrs Theocharous, your report rightly highlights the importance of the UN's Decent Work Agenda, the Global Jobs Pact. We support these initiatives, and I fully agree with you when I say that we must create a European vision in support of social protection. The Commission has begun some preparatory work which will lead to the creation of this common vision. The first step can be seen in the 2010 edition of the European Report on Development, which specifically deals with social protection in the least developed countries.
We must also find innovative solutions. I think that social economy organisations are precisely the entities that can, in part, provide these innovative solutions.
Finally, I should like to thank you for drawing our attention to the important role of gender equality in poverty reduction. The Commission and the Member States are completely in agreement with you on this point. Moreover, this is why, on 14 June, the Council adopted an action plan to support gender equality at European level which is annexed to the conclusions on the Millennium Development Goals.
President
That concludes the item.
The vote will take place tomorrow (Tuesday, 21 September 2010) at 12:00.
Written statements (Rule 149)
Corina Creţu
The vote on the report on poverty reduction and job creation in developing countries has coincided with the 10th anniversary of the launch of the Millennium Development Goals. In spite of the progress which has been made, there is obviously a need to step up the pace of action in order to be able to fulfil these challenges successfully by 2015. For the first time in history, there are a billion people affected by hunger. This year alone, a further 64 million people have joined the ranks of those who were already suffering from extreme hunger. This reality compels us to focus on job creation in developing countries as this is the most effective way of beating poverty and social exclusion. With this in mind, more consistent assistance is required to support the education process and halt the exodus of workers with good qualifications. The recent food price crisis has highlighted the tension caused by the lack of food security in poor countries. Therefore, greater attention needs to be focused on agriculture at a time when it offers the only means of subsistence for the majority of the population in developing countries, 75% of which is concentrated in rural areas.


Welcome
President
I would like to inform you that we have with us in the official gallery Mr Ranko Krivokapic, President of the Parliament of the Republic of Montenegro, and Mrs Gordana Djurovic, Deputy Prime Minister for European Integration.
(Applause)
As you know, the first interparliamentary meeting between the European Parliament and Montenegro is being held today, and we wish our guests the very best of luck at the meetings being held with us here in Parliament.
Thank you for attending our sitting.


Community Customs Code (debate)
President
The next item is the recommendation for second reading, on behalf of the Committee on the Internal Market and Consumer Protection, on the Common Position adopted by the Council on 15 October 2007 with a view to the adoption of a Regulation of the European Parliament and of the Council laying down the Community Customs Code (Modernized Customs Code) (11272/6/2007 - C6-0354/2007 - (Rapporteur: Janelly Fourtou).
Janelly Fourtou
rapporteur. - (FR) Mr President, Commissioner, ladies and gentlemen, now that we have come to the end of three years of hard work I am delighted at what has been achieved in respect of the key points in this document.
The customs union is one of the pillars of the European Union and an essential element in the functioning of the internal market. The present Community Customs Code, which was drawn up in the 1980s and adopted in the 1990s, is now outdated. Our customs services are faced with new challenges. In 2007 world trade totalled nearly 16 billion dollars, or 31% of global GDP, and the European Union alone accounted for 20% of the total volume of global imports and exports.
The customs services are therefore responsible for maintaining the smooth flow of trade and the controls that are needed to provide for this, while at the same time ensuring that the safety and security of EU citizens is protected. If a satisfactory balance is to be reached the control methods used have to be modernised and the level of cooperation strengthened between the different services and economic operators.
The Code also has to be adapted to other radical changes that have occurred in the international commercial environment, mainly resulting from the growing and irreversible recourse to IT and electronic data exchange technologies. This particular subject was also the focus of a report that was drawn up by my colleague Mr Heaton-Harris and adopted by Parliament last December.
The first reading of the modernised customs code was adopted on 12 December 2006 and the German Presidency managed to secure a political agreement on 25 June 2007. Parliament adopted 51 amendments to the proposal at first reading, 34 of which, mostly of a substantive nature, were taken over fully or in part in the Council common position.
The main subjects of disagreement were the status of authorised economic operator, the right to act as a customs representative, centralised customs clearance and comitology. The status of authorised economic operator, which is directly related to the events of 11 September, was introduced by the so-called 'security amendment' Regulation, whose aim was to offer greater facilities to operators and hence offset the new burdens they had to shoulder in order to cope with security-related aspects.
Your rapporteur is satisfied that the concept developed by Parliament at first reading has been taken over; this involves drawing a distinction between two types of authorisation, namely 'customs simplification', on one hand, and 'safety and security', on the other. This pragmatic solution allows for the different needs of the economic operators.
Turning to the subject of customs representatives, emotions have been running fairly high in those countries which have had a long history of this profession. While the Council has not adopted Parliament's proposals to the letter, it has nevertheless proceeded from the premise that customs representatives and authorised economic operators should interact along the lines we desired.
Your rapporteur believes that the Council has arrived at a good compromise. Moreover, this solution has been accepted by customs representatives associations, even though they have lost their monopoly in certain Member States.
As far as centralised customs clearance is concerned, we have another novelty in that the Council has introduced a new Article 106, taking the view that it is more logical and transparent for all of the provisions of the Code related to this concept to be encompassed within a single article.
Henceforth all economic operators may benefit from centralised clearance on the territory of any one Member State. In cases involving several Member States they have to satisfy the eligibility criteria for authorised economic operator status.
Finally, of all the areas in which this document has made significant progress we can also be very pleased that we have broadened out the comitology process to cover 44 provisions of the modernised customs code.
For this reason I am calling on Parliament to support the Council common position without amendment.
László Kovács
Member of the Commission. - Mr President, after more than two years of active interinstitutional work, we are now very close to the completion of the codecision procedure on this proposal, thanks in particular to the commitment of Ms Fourtou and the support of the members of the Committee on the Internal Market and Consumer Protection.
I am very pleased that the legal framework for a future-oriented reform of European customs will - hopefully - be in place this year, which marks the 40th anniversary of our Customs Union. That will provide encouraging impetus for the work that still lies ahead of us.
The customs union is usually presented as an 'old' pillar of the Community. It cannot, however, be reduced to a simple legacy of the past. It is in operation today - and not just to ensure the collection of own resources. More and more, customs administrations, legislation and procedures will secure the internal market, contribute to consumer protection, support the external aspects of common policies and, at the same time, contribute to the facilitation of our international trade. To this end, customs legislation will evolve to respond to major changes and challenges, inside and outside the Union, and resort to the most effective rules and efficient techniques.
What will modernisation of the Community Customs Code actually mean?
First, better customs regulations, including simpler and streamlined rules and procedures, clarifying the rights and obligations of economic operators and guaranteeing their more uniform treatment, while providing for an equivalent level of security and safety.
Second, a progressive computerisation of all customs formalities, with a view to a completely 'paperless' environment for customs and trade, whose development will be supported and framed by the e-customs Decision (No 70/2008/EC) of the Parliament and of the Council, adopted on 15 January 2008.
These changes include interoperability between national computerised customs systems. They will allow, in particular, customs clearance of goods at the place of establishment of the declarant, irrespective of the place of entry into, exit from or supply within the Community of those goods - so-called 'centralised clearance'. They will also permit an exchange of data elements, in real time, between customs authorities, in order to perform risk analysis and improve controls within the framework of common risk management.
By supporting the Commission's proposal at first reading, Parliament has acknowledged the essential contribution of this legislative initiative to the Lisbon strategy for growth and jobs. The Council common position of October 2007, which incorporates most of the amendments adopted by Parliament at first reading, is considered by the Commission to be a well balanced compromise.
The Commission therefore welcomes Ms Fourtou's report recommending approval of the common position without amendment.
Christopher Heaton-Harris
on behalf of the PPE-DE Group. - Mr President, firstly I would like to thank Ms Fourtou. I am always in awe of her grasp of the detail in this very complex matter.
The Modernised Customs Code, as the Commissioner has heard me say before, is an amazingly boring but ever so important piece of law from the Commission. In 1975, when the United Kingdom voted in a referendum that we should actually be having now (a referendum on the Lisbon Treaty) - a referendum to come into this club - we thought we were voting to come into a free-trade area. What people got was, in fact, a customs union, and since I have been here I have been working hard on this particular report, because getting this Customs Code right and modernising it correctly is possibly the most important thing we can do until the whole thing is rejuvenated, as the Commissioner said, within the system of e-customs, making trade much more easy and duty collection much more simple across the Union.
However, as with all things European, we do not move forward as quickly as some of us would like - if we move forward at all. There are still barriers that are contained within this text. Some are pretty much built-in, until there is a complete wipe-clean of the slate and we start all over. What is an Authorised Economic Operator? What qualification should customs representatives - or AEOs, as they are known - have? Could these be used in the future as barriers to stop people coming into the business as start-ups, or indeed existing businesses running in Europe spreading across the rest of it?
This Modernised Customs Code is actually a very good document, on balance, but it could have been very much better as well. Alas, we have to compromise in this House a little too often, but I hope that, on balance, this will be good for the continent of Europe.
Manuel Medina Ortega
on behalf of the PSE Group. - (ES) Mr President, in my opinion, the Community Customs Code as presented by the Commission and debated by Parliament and the Council has proved an exemplary procedure. Our rapporteur, Mrs Fourtou, has put in an enormous amount of work on this and in the end, as is almost always the case, Parliament, the Council and the Commission have agreed on the final text we will be adopting.
I think that, as Mr Heaton-Harris has already mentioned, the European Union is above all a customs union, and so the customs code is an important component to allow it to function. However, the customs service as such does not function as a totally free operation: the authorities are involved to a great extent, since certain goods and values affect us all. What we are talking about here is smuggling and some of its more dangerous varieties, such as arms and drug smuggling, and controls of capital outflows.
It is therefore logical that the Community Customs Code should include the normal restrictions operated by each of the Member States, and make an attempt at harmonisation. I feel the points of debate we had here were satisfactorily resolved by the dual concept of customs representation rights and the Authorised Economic Operator: the idea of two concepts that are theoretically different but can find common ground for harmonisation. I think the solution adopted is quite a good and proper solution.
Commissioner Kovács insisted on the concept of centralised customs clearance insofar as the customs union constitutes a single unit. It does not, of course, make sense for there to be differences between the various customs facilities. I feel this is a good and practical solution that will allow us to operate in the appropriate fashion.
The last aspect to be mentioned is the comitology procedure. Both the Commission and the Council have now acknowledged the importance of Parliament's involvement in the procedure. The agreement reached means that the 28 provisions with respect to which this procedure was applied with the involvement of Parliament have now increased to 44, i.e. Parliament may intervene in an increasingly effective fashion in the creation of provisions for the customs code.
Finally, Mr President, I wish to thank Mrs Fourtou for her work and the Commissioner for his efforts to encompass the proposals of this House.
Othmar Karas
(DE) Mr President, Commissioner, ladies and gentlemen, the European Union is undoubtedly much more than just a customs union. We will not reduce it to a customs union in today's debate and in the decision we take tomorrow. Nonetheless, the customs policy at the EU's external borders is an important element of the European Union's activities and a functioning internal market.
The ÖVP Europe Club in the European Parliament welcomes the proposal for a regulation on a modernised Community Customs Code. Why? Because it streamlines customs procedures, because it establishes the basis for simpler, speedier common customs procedures at the external borders, because it means that the radical changes in the international trade environment - for example, in relation to information technology, electronic data, etc. - will now be taken into account, and because customs representatives will now be subject to clearly defined common criteria, which will result in greater reliability and professionalism.
This regulation strengthens cooperation between the Member States and the European Union. It creates a stronger Community, which is also reflected in the fact that all the amendments tabled by Parliament have been taken over by the Council. From my perspective, it means simpler, speedier common customs clearance, and that is good for business and for the European Union as a whole.
Andreas Schwab
(DE) Mr President, ladies and gentlemen, I would also like to express my sincere thanks to the rapporteur and, of course, to our shadow rapporteur, both of whom have done valuable work on a highly technical dossier.
With the new customs code the aim is to replace the existing code and the related regulations with a modernised code, streamline current customs procedures and create the bases for accessible interoperable customs systems across the European Union. This is something which we greatly welcome, for it will mean that companies will benefit from the adaptation to current developments in information technology and faster and more secure processing of the increasing volumes of goods passing the EU's borders.
Business associations and chambers of trade have rightly warned from the outset about the excessive red tape being generated by the EU's security initiatives which have spilled over from the US. Through our deliberations in Parliament and intensive contact with the Commission's offices, we have finally achieved a relatively sound and unbureaucratic solution, for which I am grateful.
A key point for companies that is now being implemented is centralised customs clearance through a single point of contact. We have also been able to push through our demand - and I am very proud of this - for privileged status for those businesses which fulfil the requisite criteria.
As a Member from South Baden, I must point out, however, that the customs code could cause considerable problems at the EU's external borders with countries which are not EU Member States, unless precautionary measures are taken in time. I know that the Commission wishes to take these precautions - I am talking about Switzerland here - and I hope that the Member States in the EU-Swiss Joint Committee will also play their part.
Switzerland is one of the most important markets for EU goods. Switzerland's four immediate neighbours in the EU account for 41% of its total exports and 59% of its total imports, which is why there is a need for action here. We cannot allow kilometre-long queues to form at the Swiss borders as a result of the introduction of the customs code, simply because the Swiss system of customs clearance differs slightly from that of the EU.
Commissioner Kovács, I would ask you to look at this problem and draw it to the attention of the Member States concerned as a matter of urgency. We are talking about an economic centre in the heart of Europe which must not be cut off from the international flow of goods as a result of our activities.
Zuzana Roithová
(CS) Mr President, ladies and gentlemen, I trust that tomorrow we will approve at second reading the Council's common position on the customs code. It is a successful modernisation of European customs legislation. It is a true gateway to an electronic, centralised, interoperable and automated customs system. All EU bodies will be able to avail of a single management point - a one-stop-shop - for their operations, making the much-needed controls more effective. Thanks to a unified customs information portal - single window - entrepreneurs will be able to communicate with only one customs office in the EU at the place of their establishment. This rule simplifies and unifies terminology and definitions, as well as making them more user-friendly. It is a good example of the ability, even in an enlarged EU, to simplify bureaucracy and improve the legal environment for entrepreneurs and citizens. Moreover, the project will reportedly have paid for itself by 2010. I thank the rapporteurs, Mrs Fourtou and Mr Newton Dunn, the Commission and the Council for the excellent work carried out over the last three years.
Bill Newton Dunn
Mr President, I would just like to make one comment in response to Mr Heaton-Harris saying that he thought that Britain in 1975 was joining a free-trade area. I am very worried about his memory, or perhaps it is his education. Britain was leaving a European free-trade area - it was called EFTA. We chose to leave it to join the European Community, and Mrs Thatcher, who was the Conservative leader at the time of the 1975 referendum in the UK, said that it was 'more than a free-trade area'. Very simple, very clear, on the record.
Now, since Mr Heaton-Harris wants a referendum today on the Lisbon Treaty in the UK, he is clearly confident that the British public would read all the documents to make up their minds how to vote. And that must have been true in 1975. The British public in 1975 will have read in the documents that this is about an ever closer union and not a free-trade area. The European Union is about an ever closer union. So please, Mr President, can we get a pill for Mr Heaton-Harris's memory?
President
Thank you, Mr Newton Dunn. How gloomy our evenings in the European Parliament would be without these interesting British discussions.
Mairead McGuinness
Mr President, I will resist the temptation to join in. I would like to thank the rapporteur for the detailed work on this report.
Let us be honest, this is not the stuff that people talk about in public houses and on social occasions. But getting our customs laws right is very important for business and for jobs, and that is why we are doing it. So the idea of centralised clearance makes good sense, if it works - and let us hope that it does, under these new rules.
Also, the idea of a single window has potential to reduce unnecessary bureaucracy. But can I make just one point: let us take feedback, when this all is up and running, from the economic operators, and be willing to adjust it where we see problems which have been identified by other speakers this evening.
László Kovács
Member of the Commission. - Mr President, my point of departure is that I am not only pleased but also very proud that we have reached this point, because I agree with all those speakers who consider it a very great achievement for the Union as a whole.
First of all, I would like to express my thanks for your support for the Modernised Customs Code and for your interest in future developments. As you have recalled, the adoption and subsequent entry into force of the Code will not be the end of the story, since its application will depend on the finalisation and application of its implementing provisions.
The new regulatory procedure with scrutiny will be used for the adoption of these provisions. It will give Parliament the possibility to check the way the Commission intends to implement in detail, with the assistance of the Customs Code Committee, the general provisions resulting from the Code.
Besides this procedural requirement, the Commission intends to keep Parliament, through its Committee on the Internal Market and Consumer Protection, properly informed about the state of preparation of the draft implementing measures and the time-schedule envisaged for the application of the Modernised Customs Code.
Concerning the problem of Switzerland and the European Union, which Mr Schwab raised, on 1 July 2009 the security amendment to the Community Customs Code will be fully implemented. This means that all goods entering or leaving the Community shall be the subject of a pre-arrival or pre-departure declaration. The Authorised Economic Operator will benefit from the facilitations envisaged in the Code.
As with other third countries, we are currently negotiating with Switzerland on the mutual recognition of control centres, the results of controls and the status of Authorised Economic Operator. The negotiations are ongoing, and we are looking for a mutually satisfactory solution to be in place by 1 July 2009.
Now let me finish by inviting you to join the celebrations of the 40th anniversary of the Customs Union on 1 July 2008. The Customs Union was the first cornerstone in building the internal market and remains one of its essential components. I am looking forward to continuing our discussion about the future role of customs in the context of the celebrations. Thank you very much, once again, for your support.
Janelly Fourtou
rapporteur. - (FR) Mr President, I would like to thank all those who have spoken and all those who have contributed to the drafting of this report.
Since Mr Medina Ortega has spoken about smuggling I cannot resist the urge to bring up the subject of counterfeiting. Between 1998 and 2004 the number of arrests for counterfeiting rose by 1 000%. This just goes to show that the controls currently in place need to be updated and a new approach adopted as far as the duties of customs officials are concerned.
I also wish to pay tribute to the professionals themselves, who have displayed a real openness of mind, and I would like to say to them that I still feel a debt of gratitude towards them. This will no doubt answer the concerns voiced by Mrs McGuinness. As far as the implementing measures are concerned, I will do my best to encourage dialogue between the customs authorities and the Community institutions, including the Commission, with which there has always been a good measure of close and productive cooperation.
I therefore call on you to support the common position and would conclude by thanking you all for your attention.
President
The debate is closed.
The vote will take place on 19 February 2008.


Question Time (Council)
President
The next item is Question Time (B7-0006/2010).
The following questions are addressed to the Council.
Subject: Creating an internal energy market
Creating a single internal energy market is referred to as a political priority in the agreement and long-term strategy of the troika of Spain, Belgium and Hungary. In order to attain this objective, the most isolated regions of the Community, such as the Baltic Sea region, need to be better integrated into the European energy market. The Baltic Sea Strategy contains many electricity and gas interconnection projects, which, if implemented, will allow Baltic countries to break free from their energy dependency on a single supplier. In view of their cross-border nature, implementing these projects successfully will depend not only on providing funding but also on the political will and intentions of the Member States involved. In creating an internal energy market, the Community has undertaken to speak with one voice.
Will Spain, which holds the Presidency of the Council, take a lead role in encouraging Member States to speak with one voice in the implementation of energy projects in the Baltic Sea region, such as AmberLitPol, Swedlink and others, that would bring about an increase in energy security not only at a regional level but throughout the Community?
Diego López Garrido
Madam President, the internal energy market and security of energy supply are inextricably linked. We have gradually realised this in the European Union and energy security has therefore become one of the Union's strategic priorities. Indeed, this became a critical issue just over a year ago, with the gas crisis between Russia and Ukraine.
We realised at that point that an internal energy market, a fully-functioning, interconnected, effective market, is a precondition for security of energy supply to Europe.
Security of supply is thus a key strategic element that has to be improved by ensuring greater energy efficiency, by diversification of energy suppliers, sources and distribution channels, by promoting the Union's energy interests in relation to third countries and, finally, by creating a genuine common energy market, which we still do not have. To help us achieve this, we will have the support of the Lisbon Treaty, in which, for the first time, there is an explicit reference to that competence for the Union at primary legislation level.
The Union therefore needs to be more assertive in its relations with third countries, and it must speak with a single voice in those relations. The Spanish Minister of Industry, Tourism and Trade made this very clear when presenting the Spanish Presidency's priorities to the relevant committee of the European Parliament on 27 January 2010.
Consequently, within the framework of the Second Strategic Energy Review, what can be called connecting the energy islands in the European Union to the internal market has become one of the Union's key objectives.
In July 2009, when the Commission presented the Action Plan on Baltic Energy Market Interconnection, an initiative that aims to promote the integration of the energy market and the development of energy infrastructure in the Baltic region, the European Council welcomed it as a major contribution to enhancing the energy security of the Union, and I am reading this word for word.
The Baltic energy market initiative now falls under the wider umbrella of the Union's Baltic Sea Strategy, which was one of the Swedish Presidency's main priorities. The October 2009 European Council adopted the initiative and welcomed the progress made on energy infrastructures and interconnections in the Baltic region, thereby endorsing the information in the Commission's report.
Zigmantas Balčytis
(LT) Minister, once again, I would like to thank you for your thoughts and answer. However, one aspect of my question was related not just to third countries but the European Union itself, namely that some European Union Member States have neither an economic nor political interest in contributing in some way or other to joint projects. So my question was whether, during the Presidency, Spain is taking on a political role to speak on behalf of the European Union to ensure the implementation of these future projects?
Diego López Garrido
Madam President, we believe that undoubtedly forms part of a common energy policy and that just as we do not want to have energy islands from a technical point of view, we do not want to have them from a political point of view either.
That is certainly not a position that you could call pro-European and, in fact, that has not been the case in practice. I seem to remember that during the debate on the Regulation on measures to guarantee the security of energy supply, a European commitment on this issue was agreed. I am referring specifically to the energy projects approved as part of the programme to aid economic recovery implemented during the Czech Presidency last year. A total of EUR 425 million was allocated to three interconnection projects in the Baltic region: the Skanled/Baltic gas pipeline, the Estlink-2 electricity interconnection and the Sweden-Baltic States interconnection.
The Spanish Presidency will therefore urge the Member States to support the energy infrastructure projects in the Baltic region, although it will then be up to the Member States themselves to implement the specific projects in accordance with national legislation and applicable European legislation. The Member States concerned should also act as one on this matter.
President
Before we go on, can I just make it clear to everybody in the Chamber that the Minister is prepared to stay until 19.20, so there will be more questions than would be taken up to 19.00.
Silvia-Adriana Ţicău
(RO) Minister, I would like to draw attention to the importance of integrating renewable energy sources into the national power grid, with the European power grid being made up of the Member States' power networks.
The Baltic States provide an example of good practice in using renewable energy sources and in energy efficiency in buildings. An internal energy market needs better interconnection between national power networks.
I would like to ask you whether you have an action plan, along with Member States, aimed at the use of renewable energy sources.
Franz Obermayr
(DE) The process of integrating the electricity market in the Baltic states should include unrestricted deregulation of the market for private customers and a common energy exchange. The Baltic States have been hit very hard by the economic crisis.
Therefore, I would like to know how a total deregulation of the energy market can be achieved realistically in this very fragile economic situation. I am thinking in particular of price volatility. What is the plan with regard to the infrastructure in the Baltic States and what will happen about the diversification of energy transport routes and energy sources?
Diego López Garrido
Madam President, we agree with the views expressed on the subject of renewable energies and their integration into the European energy network. We also believe it is one of the main objectives of the European Union's strategy for the fight against climate change, which we argued for at the Copenhagen Summit. We hope that by 2020 renewable energies will make up 20% of the overall European energy mix, and we would like that approach to be included in the second Energy Action Plan for 2010-2014, which we hope to see adopted under the Spanish Presidency.
That objective of the action plan is therefore clearly on the Spanish Presidency's agenda, and is shared, of course, by the Belgian and Hungarian Trio, because it is a strategic objective.
With regard to what Mr Obermayr has said, we also believe that diversifying resources is, without doubt, another strategic objective, as I mentioned earlier.
The European Union and its institutions are being very proactive, giving all their political support to projects such as Nabucco, Nord Stream and South Stream. All those projects have a very clear objective: to diversify energies, to diversify suppliers of energy, and to diversify the different channels by which energy is distributed. They are, of course, part of our strategy to become a Europe with a truly common energy market, which it currently does not have. All of this is necessary in order to establish that market and to achieve that energy security, which forms the basis for it all.
Subject: Development approaches, objectives and actions under the EU's 2020 sustainable development strategy
The economic crisis, climate change and demographic changes are having a drastic impact on the lives of European citizens. Health, education, agriculture, the development of transport and energy infrastructure and investment in research and innovation and in the modernising of public services must be priorities, both for the Member States and for the EU. There is a joint obligation to guarantee the fundamental rights and freedoms of European citizens, including the free movement of workers. The European social model ensures the necessary support for employees who have lost their jobs, for the elderly and for the young, as well as for migrant workers. The EU's 2020 sustainable development strategy is to be presented at the informal European Council meeting in February 2010.
Could the Spanish Council Presidency indicate what the main development approaches, objectives and actions will be under that strategy, and what resources it estimates will be needed for its successful implementation?
Diego López Garrido
Madam President, there is no doubt that the 2020 strategy is probably the most ambitious and important objective for the immediate future, and is going to be at the centre of the debates that are being held in Brussels tomorrow in the informal European Council, and which are taking place at the highest possible political level under the Spanish Presidency.
The aim is to propose and approve a programme promoting growth and the creation of quality employment, replacing the Lisbon Strategy and focusing, on the one hand, on strengthening certain indispensable aspects which are necessary for the competitiveness and productivity of the future European economy: investing in information technologies, making Europe a space for the information society, and highlighting social aspects as well, meaning that employment should be based on specialisation and training; we are also, of course, driving for a green, low carbon economy as referred to in the content we have already discussed.
Another fundamental element - one that will no doubt polarise tomorrow's debates in Brussels - is the issue of governance. At the informal European Council meeting, the President of the European Council is going to present an initial proposal for a debate on governance, in other words, moving towards economic union within Europe, not only monetary union, and making it essential - as stated in the Treaty of Lisbon - that our economic policies, our employment policies and our social policies converge within the European Union.
This element of the strategy for sustainable development and the creation of quality employment is therefore a central objective of the Spanish Presidency and the whole of Europe. The proof of this can be seen in the fact that we have begun to tackle the matter already, at the highest level, by holding the informal Council meeting tomorrow in Brussels.
Silvia-Adriana Ţicău
(RO) We also now have comments which have come from the stakeholders. The public consultation about the EU 2020 strategy on the Commission website is over. However, we have a 10% unemployment rate in the European Union, and it has reached 20% in Spain and Latvia. This is why I would like you to tell us what measures we are taking for the benefit of the European Union's citizens in order to preserve and create jobs and, above all, improve their quality of life.
Diego López Garrido
I think that at the centre of the future 2020 strategy must be exactly those points you make and, to be precise, Mrs Ticău, jobs must not be so precarious, so volatile, so unstable as has been the case in the European Union. You mentioned the case of Spain which indeed has suffered greatly in the property sector.
Therefore, we need to aim towards a production model which in itself creates stronger, more solid, more stable jobs based on specialisation.
Thus, we must work towards measures along these lines, measures which increase specialisation and staff training in order to place workers in knowledge-based society, information technology and specialised society jobs, upon which the production and development model for future employment should be based.
That is the idea which we believe each country should put into practice; however, we must coordinate this among all European countries. Furthermore, the European Union must provide support, for example, through incentives or stimuli such as the use of specific Structural Funds, for instance, the European Social Fund, thus stimulating those countries which indeed invest in this production model so as to create quality employment.
That, I think is the guideline which should be at the centre, at the very heart of our strategy which, between us all, must be implemented within the next few months, before the European Council in June to replace the inadequate Lisbon Strategy.
Subject: Freedom of religion in China
What steps does the Council plan to take to improve the situation of religious communities and, in particular, of Christian churches, and the implementation of the right to freedom of religion in China?
Diego López Garrido
Madam President, Mr Posselt, you will be perfectly aware that one of the main instruments of our relations concerning the human rights issue in China is the biannual human rights dialogue which was set up more than 15 years ago. It is therefore a structured Dialogue which gives us the opportunity to exchange viewpoints regarding matters which are of concern to us.
In November last year, the Council adopted conclusions about religious freedom which allowed us to once again reiterate the European Union's position on this subject, in clear terms. Respect for religious freedom, as defined in the international instruments on human rights, forms part of the human rights clause which is included in agreements between the European Union and third countries.
Over the last five years, the European Union has periodically brought up freedom of religion and beliefs in its dialogues on human rights and in its consultations with third countries. It has made a number of statements regarding this and negotiations have taken place in relation to people threatened for their beliefs. The European Union has played a very active part, on a global scale, in promoting religious freedom in international fora, such as the United Nations General Assembly and the Human Rights Council.
As regards China, the Council determined a certain number of reference criteria for the human rights dialogue in 2001. I can assure you, Mr Posselt, that religious freedom forms an integral part of those criteria. We recently discussed this issue several times with our Chinese counterparts, we have met with the competent authorities in Beijing and, with the purpose of the dialogue in mind, those responsible for religious matters have visited Europe in order to increase their awareness of practices in a number of Member States.
Bernd Posselt
(DE) Mr Garrido, thank you very much for your detailed answer. I have two brief additional questions. Firstly, when will you next have the opportunity to discuss these matters with China? Secondly, could you push for a list to be drawn up of the priests, nuns and bishops who have been arrested?
Diego López Garrido
I have already said that there is a structured dialogue and so a series of conversations take place regularly with China, on this subject.
We, the Council, are aware that there are a certain number of people practising religion who have been threatened or have been subjected to practices which equate to persecution in China. This is the case with certain Tibetan Buddhists who are practitioners of Falun Gong, and has also occurred with Christians, priests and believers as well as the lawyers which have defended them in some cases. The Council has investigated these cases and has brought them to the attention of the Chinese authorities.
On all these occasions, we have said that the peaceful practice of religion is a right and that it should never be considered as a threat to the State.
Of course, honourable Members, I must reaffirm that with regard to the application of religious freedom in China and the evaluation process of the human rights dialogue, we will examine all the ways in which we can maximise our ability to produce positive changes in this area.
Jim Higgins
I thank the Council for its reply. A lot done; a lot more to do. The reality of it is that, as regards religious practice in China, Article 36 of the Constitution of the People's Republic states exactly what is involved. It is very carefully phrased. 'Religious belief' is guaranteed, but what about practice? What constitutes 'normal religious activities'? And, as regards 'foreign domination', if an outside preacher comes in, that is regarded as 'foreign domination'. And the religions that are really looked at askance are Buddhism, Catholicism, Deism, Islam and Protestant Christianity.
A lot done, but an awful lot more to do - so keep up the good work.
Franz Obermayr
(DE) Thank you for your accurate answers, Mr Garrido. However, I would like to ask for some even more detailed information. Is there a clause in the current bilateral agreement with China which is intended to provide special protection for Christian churches or is the Council planning to introduce a clause of this kind?
Diego López Garrido
Honourable Members, indeed, there is still work to be done, but we certainly place our trust in the dialogue and what we could refer to as the impact of the dialogue and its effects. As Baroness Ashton said in the European Parliament a short while ago: the human rights dialogue does undeniably have an effect and, of course, there are various places we can conduct it. We can conduct it with specific people, for example, in the case of the well-known human rights activist, Liu Xiaobo, or we can also conduct it on other levels, on a political level in political dialogue. In any case, we will continue to conduct it with determination so as to protect all human rights, each and every one. We must not support some more than others, as human rights are indivisible and we will strive to strengthen and improve the situation concerning human rights in China.
Dialogue is essential and, of course, it is also essential to see how changes take place in this area, and we are certain that the Chinese authorities, our counterparts, appreciate the importance of this dialogue.
Subject: CIA - secret prisons and flights
Recent press reports have revealed the existence of a secret prison in Lithuania, located in a former riding school and used by the CIA since 2004, where a number of 'terrorism suspects' have been tortured.
An Italian court has found more than 20 US agents and two Italian officials guilty of the kidnapping in Milan of Abu Omar, who was subsequently tortured in Egypt. A number of other trials are under way, notably in Poland and the UK.
There is evidence that other governments and, in particular, Portugal, were (in the context of a secret NATO agreement) aware of the use of their airspace and airports for maintaining the detention, kidnapping and torture network masterminded by the US.
What is the Council's position on this new information and these trials, and what explanations can it furnish?
What measures will it propose to ensure that these circumstances are not repeated in the future?
Diego López Garrido
I would, firstly, like to reiterate the support of the European Union for the United Nations global strategy for fighting terrorism, which recognises that development, peace, security and human rights are interconnected and reinforce each other.
The so-called secret detention and transportation programme by the United States or the alleged CIA use of European countries to transport and illegally detain prisoners has been, without a doubt, a source of concern for many Members of this House. It was the subject of a very recent debate, just a few days ago, and, as the Presidency has already said, the Council clearly shares Parliament's view, there is no two ways about it; that the possible existence of these secret detention centres does not comply with international law. This continues to be our opinion.
That is why we felt it was so appropriate for President Obama to change US policy in relation to certain detentions and to the existence of prisons such as Guantánamo. What is more, we believe that, in reality, this change has occurred and a turnaround has occurred in US policy. We have always taken the opportunity to express our concerns to the United States from a European Union standpoint regarding these matters.
We must be pleased that this change has taken place and because this joint declaration was made official between the European Union and the United States on 15 June last year. We therefore believe that we will remain along the lines of this policy and we will always be very clear as long as we are aware and have irrefutable proof of the existence of these cases.
In certain cases, we have not had this evidence, although it has been talked about, or there have been specific references made in the media; however, on some occasions, there has been a lack of proven and thorough knowledge of the existence of these cases.
However, there is no doubt that the European Union has been very clear on this matter and has always been against these detention centres, whether they be known detention centres such as Guantánamo, or allegedly secret ones, and we have always been very open in the European Union to finding out the facts as to whether the latter really exist.
Ilda Figueiredo
(PT) Madam President, Minister, thank you for your response. In fact, however, even after that statement in July, there were new discoveries. It is known that last November, the Italian court itself convicted 23 US agents and two Italian officials of the kidnapping of Abu Omar in Milan, and one of the convicted CIA agents admitted to the press that he broke the law and that the decisions had been made in Washington. The Obama Administration merely declared that it was disappointed with the decision by the Italian court.
Other cases, also relating to CIA flights, are under way, such as in Poland and the United Kingdom. The Lithuanian Parliament has confirmed that there was also a clandestine jail in Lithuania, and that many flights by the CIA covered up their activities and, of course, led to people being illegally imprisoned. The question is this: will we denounce the human rights violations that are inherent in all of this?
Diego López Garrido
President-in-Office of the Council. - (ES) We are defenders of human rights and I believe we can say this clearly and confidently; therefore, we do not have a right but an obligation to denounce cases of human rights infringements, wherever they may take place. It is also true that the European Union must respect the competence of Member States and so specific areas must be investigated by Member States; they cannot be investigated by the European Union. The Treaty of Lisbon, for example, makes it very clear that the supervision of intelligence services in Member States' territory is a Member State's competence.
With respect to something also mentioned in the question, we are certainly not aware of an alleged secret NATO agreement. In any case, the possible existence of this agreement, of which we are completely unaware, would by no means prevent Member States from having to carry out their obligations in accordance with international law and humanitarian law. However, Mrs Figueiredo, we certainly believe the European Union is clearly one of the areas in the world where human rights are respected and the European Union is obliged, while respecting how each country chooses to govern itself, and will obviously always be obliged, to denounce human rights infringements, as we have a responsibility to humanity and not only to each of the competent States. We will continue to act and develop along these lines. What is more, we now have a new more important reference point, which is the Charter of Fundamental Rights of citizens of Europe.
Justas Vincas Paleckis
(LT) Minister, the media and media sources were mentioned in the question, because it was precisely the media that broke the news of the setting up of a secret prison in Lithuania and elsewhere. How do you assess in general the role of the media in these matters, and would it be possible to mobilise public opinion, so that such events are not repeated?
Bogusław Sonik
(PL) Madam President, I would like to make a statement thanking Mr López Garrido for what he has said, but he has not said anything new. Three years ago, a special parliamentary commission was appointed on Guantánamo. The European Council also worked on this matter, and now keeps coming back to it. There are, really, more important matters, and it is true, as Mr López Garrido said, that it is the Member States which are obliged to monitor human rights. One more thing - Mr López Garrido, when speaking about China, you said that there are different human rights and we should uphold them all. However, the fundamental right of liberty in dictatorships is liberty itself, and I think that, first of all, we should stand up for the right to liberty.
Diego López Garrido
I agree with the points made by the last speakers. I believe that the defence of human rights is one of the crucial objectives that any democratic State and any democratic organisation such as the European Union must pursue.
Of course the European Parliament has a culture of defending human rights, of which we are proud and also of the European integration, in this sense, as the construction of Europe is based on human rights. The nature of Europe and what unites Europeans who speak different languages and have different traditions is precisely the fact that we share these values of defending human rights.
In this respect, I believe that the role of the press is an absolutely vital one. The press is a key feature at the centre of democracy and is undoubtedly a necessary and indispensable instrument for the defence of human rights and for denouncing cases of human rights infringements when they occur.
When these infringements take place but are not known about other than on a personal level, it is simply impossible for us to pursue them.
Therefore, the press plays a fundamentally vital role and I also believe that the most genuine and authentic culture of journalism must be extremely sensitive to the defence of human rights and the defence of all freedoms. That is what truly ensures that life is worth living and it is what ultimately gives meaning to the coexistence of human beings.
The pursuit of those who infringe human rights and the defence of victims is, without a doubt, one of the axes of the European integration, of the European Union, and I feel very proud to belong to an area in which those values are cherished and where instruments of legal, supranational, judicial independence have been established, such as the European Court of Human Rights which is located in this city, Strasbourg. I feel very proud that Europe preserves precisely these objectives and truths in its tradition, in its culture and in its history.
President
Questions which have not been answered for lack of time will receive written answers (see Annex).
Question Time is closed.
(The sitting was suspended at 19.25 and resumed at 21.00)