title: Commission Recommendation of 4 February 2008 concerning a coordinated Community monitoring programme for 2008 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain other products of plant origin and national monitoring programmes for 2009 (notified under document number C(2008) 369) (Text with EEA relevance)

text:
               9.2.2008

               EN

               Official Journal of the European Union

               L 36/7

      COMMISSION RECOMMENDATION

   of 4 February 2008
   concerning a coordinated Community monitoring programme for 2008 to ensure compliance with maximum levels of pesticide residues in and on cereals and certain other products of plant origin and national monitoring programmes for 2009
   (notified under document number C(2008) 369)
   (Text with EEA relevance)
   (2008/103/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,
   Having regard to Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (1), and in particular Article 7(2)(b) thereof,
   Having regard to Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on certain products of plant origin, including fruit and vegetables (2), and in particular Article 4(2)(b) thereof,
   Whereas:

               (1)

               Directives 86/362/EEC and 90/642/EEC provide that the Commission should progressively work towards a system which would permit the estimation of dietary exposure to pesticides. To make realistic estimations possible, data on the monitoring of pesticide residues should be available in a number of food products which constitute major components of the European diet. It is generally recognised that major components of the European diet are constituted by some 20-30 food products. In view of the resources available at national level for pesticide residue monitoring, Member States are only able to analyse samples of eight products each year within a coordinated monitoring programme. Pesticide uses show changes within the timescale of three-year cycles. Each pesticide should thus generally be monitored in 20-30 food products over a series of three-year cycles.

               (2)

               Residues of the pesticides covered by this Recommendation should be monitored in 2008, as this will allow using these data for the estimation of actual dietary exposure to them. As monitoring has to cover three-year cycles and to allow Member States to submit their monitoring programmes for 2009, this Recommendation should further set out indications for the monitoring to be carried out in 2009 and 2010.

               (3)

               On the basis of a binomial probability distribution, it can be calculated that examination of 642 samples allows with a certainty of more than 99 %, the detection of a sample containing pesticide residues above the limit of determination (LOD), provided that not less than 1 % of products of plant origin contain residues above that limit. Collection of these samples should be apportioned between Member States on the basis of population and consumer numbers, with a minimum of 12 samples per product and per year.

               (4)

               Guidelines concerning ‘Quality Control Procedures for Pesticide Residue Analysis’ are published on the Commission website (3). It is agreed that these guidelines should be applied as far as possible by the analytical laboratories of the Member States and should be reviewed continuously in the light of experience gained in the monitoring programmes.

               (5)

               Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC (4) incorporates the sampling methods and procedures recommended by the Codex Alimentarius Commission.

               (6)

               Regarding the analysis of animal products expected to be carry out from 2009 onwards, the official laboratories need to know well in advance in order to be adapted to this recommendation, which pesticides and commodities of animal origin are going to be sought, these combinations are indicated in Annex I with a (d).

               (7)

               Directives 86/362/EEC and 90/642/EEC require Member States to specify the criteria applied in drawing up their national inspection programmes. Such information should include the criteria applied in determining the numbers of samples to be taken and analyses to be carried out and the reporting levels applied, the criteria by which the reporting levels have been fixed and details of accreditation under the Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (5). As regards the accreditation of laboratories, the derogation provided for in Article 18 of Commission Regulation (EC) No 2076/2005 of 5 December 2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 (6), should be taken into account. The number and type of infringements and the action taken should also be indicated.

               (8)

               Maximum residue levels for baby food have been established in accordance with Article 6 of Commission Directive 91/321/EEC of 14 May 1991 on infant formulae and follow-on formulae (7) and Article 7 of Commission Directive 2006/125/EC of 5 December 2006 on processed cereal-based foods and baby foods for infants and young children (8).

               (9)

               Information on the results of monitoring programmes is particularly appropriate for treatment, storage and transmission by electronic/informatics methods. Formats have been developed for supply of data by e-mail from the Member States to the Commission. Member States should therefore be able to send their reports to the Commission in the standard format. The further development of such a standard format is most effectively undertaken by the development of guidelines by the Commission.

               (10)

               The measures provided for in this recommendation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HEREBY RECOMMENDS:

               1.

               Member States are invited, during the year 2008, to take and analyse samples for the product/pesticide residue combinations set out in Annex I except for animal products (d) that it will be for 2009 onwards. The number of samples of each product are allocated to them in Annex II, reflecting as appropriate, national, Community and third country share of the Member State’s market.
               The lot to be sampled should be chosen randomly, in line with a monitoring approach.
               The sampling procedure, including the number of units, should be in line with Directive 2002/63/EC.

               2.

               The samples taken and analysed by each Member State in accordance with Annexes I and II, should include at least:

                           (a)

                           10 samples of baby food based mainly on vegetables, fruits or cereals;

                           (b)

                           one sample, where available, from produce originating from organic farming that reflects the market share of organic produce in each Member State.

               3.

               Member States are invited to report the results of the analysis of samples tested for the product/pesticide residue combinations set out in Annex I by 31 August 2009 at the latest, indicating:

                           (a)

                           The analytical methods used and reporting levels achieved, in accordance with the quality control procedures set out in the Quality Control Procedures for Pesticide Residue Analysis;

                           (b)

                           The number and type of infringements and the action taken.

               4.

               The report should be produced in a format — including the electronic format — conforming to the guidance to the Member States with regard to implementation of Commission recommendations concerning coordinated Community monitoring programmes provided by the Standing Committee on the Food Chain and Animal Health.
               The results concerning samples taken from baby food and produce originating from organic farming should be reported in separate datasheets.

               5.

               Member States are invited to send to the Commission and to the other Member States, by 31 August 2008 at the latest, the information required under Article 7(3) of Directive 86/362/EEC and Article 4(3) of Directive 90/642/EEC concerning the 2007 monitoring exercise to ensure, at least by check sampling, compliance with maximum pesticide residue levels including:

                           (a)

                           The results of their national programmes concerning pesticide residues;

                           (b)

                           Information on their laboratories quality control procedures and, in particular, information concerning aspects of the guidelines concerning Quality Control Procedures for Pesticide Residue Analysis which they have not been able to apply or have had difficulty in applying;

                           (c)

                           Information on accreditation in accordance with Article 12 of Regulation (EC) No 882/2004, including the scope of the accreditation, the accreditation body and a copy of the accreditation certificate, of the laboratories carrying out the analyses;

                           (d)

                           Information about the proficiency tests and ring tests in which the laboratory has participated.

               6.

               Member States are invited to send to the Commission, by 30 September 2008 at the latest, their intended national programme for monitoring maximum pesticide residue levels fixed by Directives 90/642/EEC and 86/362/EEC for the year 2009, including information on:

                           (a)

                           The criteria applied in determining the number of samples to be taken and analyses to be carried out;

                           (b)

                           The reporting levels applied and the criteria by which the reporting levels have been fixed, and

                           (c)

                           Details of accreditation, under Regulation (EC) No 882/2004, of the laboratories carrying out analyses.

      Done at Brussels, 4 February 2008.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2007/73/EC (OJ L 329, 14.12.2007, p. 40).

      (2)  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Directive 2007/73/EC.

      (3)  Document SANCO/3131/2007 of 31 October 2007 (http://europa.eu.int/comm/food/plant/protection/resources/qualcontrol_en.pdf).

      (4)  OJ L 187, 16.7.2002, p. 30.

      (5)  OJ L 165, 30.4.2004, p. 1, as corrected by OJ L 191, 28.5.2004, p. 1. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

      (6)  OJ L 338, 22.12.2005, p. 83. Regulation as last amended by Regulation (EC) No 1246/2007 (OJ L 281, 25.10.2007, p. 21).

      (7)  OJ L 175, 4.7.1991, p. 35. Directive as last amended by Directive 2006/82/EC (OJ L 362, 20.12.2006, p. 94).

      (8)  OJ L 339, 6.12.2006, p. 16.

      ANNEX I
      PESTICIDE/PRODUCT COMBINATIONS TO BE MONITORED

                  2008

                  2009 (1)

                  2010 (1)

                  Acephate

                  (a)

                  (b)

                  (c)

                  Acetamiprid

                  (a)

                  (b)

                  (c)

                  Aldicarb

                  (a)

                  (b)

                  (c)

                  Amitraz

                  (b)

                  (c)

                  Azinphos-methyl

                  (a)

                  (b)

                  (c)

                  Azoxystrobin

                  (a)

                  (b)

                  (c)

                  Benomyl + carbendazim (expressed as carbendazim)

                  (a)

                  (b)

                  (c)

                  Bifenthrin

                  (a)

                  (b) (d)

                  (b) (d)

                  Bromide total

                  (b)

                  (c)

                  Bromopropylate

                  (a)

                  (b)

                  (c)

                  Bupirimate

                  (a)

                  (b)

                  (c)

                  Buprofezin

                  (a)

                  (b)

                  (c)

                  Captan

                  (a)

                  (b)

                  (c)

                  Folpet

                  (a)

                  (b)

                  (c)

                  Carbaryl

                  (a)

                  (b)

                  (c)

                  chlofentezin

                  (a)

                  (b)

                  (c)

                  Chlormequat (2)

                  (a)

                  (b)

                  (c)

                  Chlorothalonil

                  (a)

                  (b)

                  (c)

                  Chlorpropham

                  (a)

                  (b)

                  (c)

                  Chlorpyriphos

                  (a)

                  (b) (d)

                  (b) (d)

                  Chlorpyriphos-methyl

                  (a)

                  (b) (d)

                  (b) (d)

                  Cypermethrin

                  (a)

                  (b) (d)

                  (b) (d)

                  Cyprodinil

                  (a)

                  (b)

                  (c)

                  Deltamethrin

                  (a)

                  (b) (d)

                  (b) (d)

                  Diazinon

                  (a)

                  (b) (d)

                  (b) (d)

                  Dichlofluanid

                  (a)

                  (b)

                  (c)

                  Dichlorvos

                  (a)

                  (b)

                  (c)

                  Dicofol

                  (a)

                  (b)

                  (c)

                  Dimethoate + Omethoate (sum expressed as dimethoate)

                  (a)

                  (b)

                  (c)

                  Dinocap

                  (b)

                  (c)

                  Diphenylamine

                  (a)

                  (b)

                  (c)

                  Endosulfan

                  (a)

                  (b) (d)

                  (b) (d)

                  fenarimol

                  (a)

                  (b)

                  (c)

                  Fenhexamid

                  (a)

                  (b)

                  (c)

                  Fenitrothion

                  (a)

                  (b)

                  (c)

                  Fludioxonil

                  (a)

                  (b)

                  (c)

                  flusilazole

                  (a)

                  (b)

                  (c)

                  Glyphosate (3)

                  (c)

                  Hexaconazole

                  (a)

                  (b)

                  (c)

                  Hexythiazox

                  (a)

                  (b)

                  (c)

                  Imazalil

                  (a)

                  (b)

                  (c)

                  Imidacloprid

                  (a)

                  (b)

                  (c)

                  Indoxacarb

                  (a)

                  (b)

                  (c)

                  Iprodione

                  (a)

                  (b)

                  (c)

                  Iprovalicarb

                  (a)

                  (b)

                  (c)

                  Kresoxim-methyl

                  (a)

                  (b)

                  (c)

                  Lambda-cyhalothrin

                  (a)

                  (b)

                  (c)

                  Malathion

                  (a)

                  (b)

                  (c)

                  Maneb group

                  (a)

                  (b)

                  (c)

                  Mepanipyrim

                  (a)

                  (b)

                  (c)

                  Mepiquat (2)

                  (a)

                  (b)

                  (c)

                  Metalaxyl

                  (a)

                  (b)

                  (c)

                  Methamidophos

                  (a)

                  (b)

                  (c)

                  Methidathion

                  (a)

                  (b)

                  (c)

                  Methiocarb

                  (a)

                  (b)

                  (c)

                  Methomyl/Thiodicarb (sum expressed as methomyl)

                  (a)

                  (b)

                  (c)

                  Myclobutanil

                  (a)

                  (b)

                  (c)

                  Oxydemeton-methyl

                  (a)

                  (b)

                  (c)

                  Parathion

                  (a)

                  (b) (d)

                  (b) (d)

                  Penconazole

                  (a)

                  (b)

                  (c)

                  Phosalone

                  (a)

                  (b)

                  (c)

                  Pirimicarb

                  (a)

                  (b)

                  (c)

                  Pirimiphos-methyl

                  (a)

                  (b) (d)

                  (b) (d)

                  Prochloraz

                  (a)

                  (b)

                  (c)

                  Procymidone

                  (a)

                  (b)

                  (c)

                  Profenofos

                  (a)

                  (b) (d)

                  (b) (d)

                  Propargite

                  (a)

                  (b)

                  (c)

                  Pyrethrins

                  (a)

                  Pyrimethanil

                  (a)

                  (b)

                  (c)

                  Pyriproxyfen

                  (a)

                  (b)

                  (c)

                  Oxamyl

                  (a)

                  (b)

                  (c)

                  Quinoxyfen

                  (a)

                  (b)

                  (c)

                  Spiroxamine

                  (a)

                  (b)

                  (c)

                  Tebuconazole

                  (a)

                  (b)

                  (c)

                  Thiophanate-methyl

                  (a)

                  (b)

                  (c)

                  Tebufenozide

                  (a)

                  (b)

                  (c)

                  trifloxystrobin

                  (a)

                  (b)

                  (c)

                  Thiabendazole

                  (a)

                  (b)

                  (c)

                  Tolcloflos-methyl

                  (a)

                  (b)

                  (c)

                  Tolylfluanid

                  (a)

                  (b)

                  (c)

                  Triademefon + Triadimenol (expressed as sum of triadimenol and triadimefon)

                  (a)

                  (b)

                  (c)

                  Vinclozolin

                  (a)

                  (b)

                  (c)

                  Boscalid

                  (b)

                  (c)

                  Carbofuran

                  (b)

                  (c)

                  Chlorfenvinphos

                  (b) (d)

                  (b) (d)

                  Cyfluthrin (including beta-)

                  (b)

                  (c)

                  Difenoconazole

                  (b)

                  (c)

                  Dimethomorph

                  (b)

                  (c)

                  Ethion

                  (b)

                  (c)

                  Fenoxycarb

                  (b)

                  (c)

                  Fipronil

                  (b)

                  (c)

                  Flufenoxuron

                  (b)

                  (c)

                  Formetanate

                  (b)

                  (c)

                  Linuron

                  (b)

                  (c)

                  Monocrotophos

                  (b)

                  (c)

                  Parathion-Methyl

                  (b)

                  (c)

                  Phosmet

                  (b)

                  (c)

                  Pyridaben

                  (b)

                  (c)

                  Tebufenpyrad

                  (b)

                  (c)

                  Teflubenzuron

                  (b)

                  (c)

                  Tetradifon

                  (b)

                  (c)

                  Thiacloprid

                  (b)

                  (c)

                  Triazophos

                  (b)

                  (c)

                  Propamocarb

                  (b)

                  (c)

                  Haloxyfop

                  (c)

                  Fluazifop

                  (c)

                  2,4-D

                  (c)

                  Abamectin (sum)

                  (b)

                  (c)

                  Acrinathrin

                  (c)

                  Bitertanol

                  (c)

                  Chlorfenapyr

                  (c)

                  Clothianidin

                  (c)

                  Dicloran

                  (c)

                  Epoxiconazole

                  (c)

                  Fenazaquin

                  (c)

                  Fenpropimorph

                  (c)

                  Fenthion (sum)

                  (c)

                  Fenvalerate/Esfenvalerate (sum)

                  (c)

                  Lufenuron

                  (c)

                  Methoxyfenozide

                  (c)

                  Oxadixyl

                  (c)

                  Pendimethalin

                  (c)

                  Phenthoate

                  (c)

                  Propiconazole

                  (c)

                  Propyzamide

                  (c)

                  Spinosad (sum)

                  (c)

                  Tetraconazole

                  (c)

                  Thiamethoxam

                  (c)

                  Trifluralin

                  (c)

                  Aldrin

                  (d)

                  (d)

                  Azinphos-ethyl

                  (d)

                  (d)

                  Chlordane-cis

                  (d)

                  (d)

                  Chlordane-trans

                  (d)

                  (d)

                  Oxychlordane

                  (d)

                  (d)

                  Chlorfenvinphos (sum of isomers)

                  (d)

                  (d)

                  Chlorobenzilate

                  (d)

                  (d)

                  Cyfluthrin (sum of isomers)

                  (d)

                  (d)

                  DDD-p,p’

                  (d)

                  (d)

                  DDE-p,p’

                  (d)

                  (d)

                  DDT-o,p’

                  (d)

                  (d)

                  DDT-p,p’

                  (d)

                  (d)

                  Deltamethrin

                  (d)

                  (d)

                  Diazinon

                  (d)

                  (d)

                  Dieldrin

                  (d)

                  (d)

                  Endosulfan-alpha

                  (d)

                  (d)

                  Endosulfan-beta

                  (d)

                  (d)

                  Endosulfan sulphate

                  (d)

                  (d)

                  Endrin

                  (d)

                  (d)

                  Fenthion

                  (d)

                  (d)

                  Fenvalerat/Esfenvalerat (sum of RS/SR and RR/SS isomers)

                  (d)

                  (d)

                  Formothion

                  (d)

                  (d)

                  HCB

                  (d)

                  (d)

                  HCH-alpha

                  (d)

                  (d)

                  HCH-beta

                  (d)

                  (d)

                  HCH-gamma (lindane)

                  (d)

                  (d)

                  Heptachlor

                  (d)

                  (d)

                  Heptachlor epoxide (cis)

                  (d)

                  (d)

                  Heptachlor epoxide (trans)

                  (d)

                  (d)

                  Methacrifos

                  (d)

                  (d)

                  Methidathion

                  (d)

                  (d)

                  4,4’-Methoxychlor

                  (d)

                  (d)

                  Nitrofen

                  (d)

                  (d)

                  Parathion

                  (d)

                  (d)

                  Parathion-methyl

                  (d)

                  (d)

                  Parlar 26 (Camphechlor)

                  (d)

                  (d)

                  Parlar 50 (Camphechlor)

                  (d)

                  (d)

                  Parlar 62 (Camphechlor)

                  (d)

                  (d)

                  Permethrin (sum of isomers)

                  (d)

                  (d)

                  Pirimiphos-methyl

                  (d)

                  (d)

                  Profenofos

                  (d)

                  (d)

                  Pyrazophos

                  (d)

                  (d)

                  Quintozene

                  (d)

                  (d)

                  Resmethrin (sum of isomers)

                  (d)

                  (d)

                  Tecnazene

                  (d)

                  (d)

                  Triazophos

                  (d)

                  (d)

                              (a)

                              Beans (fresh or frozen, without pod), carrots, cucumbers, oranges or mandarins, pears, potatoes, rice, spinach (fresh or frozen).

                              (b)

                              Aubergines, bananas, cauliflower, table grapes, orange juice (), peas (fresh/frozen, without pod), peppers (sweet), wheat.

                              (c)

                              Apples, head cabbage, leek, lettuce, tomatoes, peaches including nectarines and similar hybrids; rye or oats, strawberries.

                              (d)

                              Butter, Ham (smoked or air-dried), Egg (liquid or dried).

         (1)  Indicative for 2009 and 2010 subject to programmes which will be recommended for these years.

         (2)  Chlormequat and mepiquat should be analysed in cereals (excluding rice), carrots, fruiting vegetables and pears.

         (3)  Only cereals.

         (4)  For orange juice Member States should specify the source (concentrates or fresh fruits).

      ANNEX II
      Number of samples of each product to be taken and analysed by each Member State.

                  Country code

                  Samples

                  AT

                  12 (1)

                  15 (2)

                  BE

                  12 (1)

                  15 (2)

                  BG

                  12 (1)

                  15 (2)

                  CY

                  12 (1)

                  15 (2)

                  CZ

                  12 (1)

                  15 (2)

                  DE

                  93

                  DK

                  12 (1)

                  15 (2)

                  ES

                  45

                  EE

                  12 (1)

                  15 (2)

                  EL

                  12 (1)

                  15 (2)

                  FR

                  66

                  FI

                  12 (1)

                  15 (2)

                  HU

                  12 (1)

                  15 (2)

                  IT

                  65

                  IE

                  12 (1)

                  15 (2)

                  LU

                  12 (1)

                  15 (2)

                  LT

                  12 (1)

                  15 (2)

                  LV

                  12 (1)

                  15 (2)

                  MT

                  12 (1)

                  15 (2)

                  NL

                  17

                  PT

                  12 (1)

                  15 (2)

                  PL

                  45

                  RO

                  17

                  SE

                  12 (1)

                  15 (2)

                  SI

                  12 (1)

                  15 (2)

                  SK

                  12 (1)

                  15 (2)

                  UK

                  66

                  Total minimum number of samples: 642

         (1)  Minimum number of samples for each single residue method applied.

         (2)  Minimum number of samples for each multi-residue method applied.


Avis juridique important

|

31985H0435

85/435/EEC: Council Recommendation of 16 September 1985 concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in pharmacy conferred in a third State

Official Journal L 253 , 24/09/1985 P. 0045 - 0045 Spanish special edition: Chapter 06 Volume 3 P. 0036  Portuguese special edition Chapter 06 Volume 3 P. 0036

*****COUNCIL  RECOMMENDATION  of 16 September 1985  concerning nationals of the Grand Duchy of Luxembourg who hold a diploma in pharmacy conferred in a third State  (85/435/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Approving Directive No 85/433/EEC of 16 September 1985 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy, including measures to facilitate the effective exercise of the right of establishment relating to certain activities in the field of pharmacy (1);  Noting that this Directive refers only to diplomas, certificates and other evidence of formal qualifications conferred in a Member State;  Anxious, however, to take account of the special position of nationals of the Grand Duchy of Luxembourg who, since there is no complete university training in the Grand Duchy itself, have studies in a third State;  HEREBY RECOMMENDS that the Governments of the other Member States should allow nationals of the Grand Duchy of Luxembourg who hold a diploma conferring a degree in pharmacy awarded in a third State and which has obtained the official recognition of the Minister for Education, in accordance with the Law of 18 June 1969 on higher education and the recognition of foreign degrees and diplomas in higher education, to take up and pursue activities as pharmacists within the Community, by recognizing these diplomas in their territories.  Done at Luxembourg, 16 September 1985.  For the Council  The President  M. FISCHBACH  (1) See page 37 of this Official Journal.


title: 66th Session of the United Nations General Assembly European Parliament recommendation of 8 June 2011 to the Council on the 66th Session of the United Nations General Assembly (2011/2030(INI))

text:
               11.12.2012

               EN

               Official Journal of the European Union

               CE 380/140

         Wednesday 8 June 201166th Session of the United Nations General Assembly
   P7_TA(2011)0255
   European Parliament recommendation of 8 June 2011 to the Council on the 66th Session of the United Nations General Assembly (2011/2030(INI))
   2012/C 380 E/22

      The European Parliament,

               —

               having regard to the Treaty on European Union (TEU), in particular Article 34 thereof,

               —

               having regard to the proposal for a recommendation to the Council, by Alexander Graf Lambsdorff on behalf of the ALDE Group, on the European Union’s priorities for the 66th Session of the United Nations General Assembly (B7-0072/2011),

               —

               having regard to its recommendation of 25 March 2010 to the Council on the 65th Session of the United Nations General Assembly (1),

               —

               having regard to the EU’s priorities for the 65th United Nations General Assembly adopted by the Council on 25 May 2010 (2),

               —

               having regard to the 65th United Nations General Assembly (UNGA), in particular that body’s resolutions on ‘International cooperation on humanitarian assistance in the field of natural disasters, from relief to development’ (3), ‘Situation of human rights in the Islamic Republic of Iran’ (4), ‘Situation of human rights in the Democratic People’s Republic of Korea’ (5), ‘Promotion of a democratic and equitable international order’ (6), ‘Promotion of peace as a vital requirement for the full enjoyment of all human rights by all’ (7), ‘Enhancement of international cooperation in the field of human rights’ (8), ‘Operational activities for development of the United Nations system’ (9), ‘Role of the United Nations in promoting development in the context of globalisation and interdependence’ (10), ‘Towards a New International Economic Order’ (11), ‘Cooperation between the United Nations, national parliaments and the Inter-Parliamentary Union’ (12), ‘The United Nations in global governance’ (13), ‘Towards a nuclear-weapon-free world: accelerating the implementation of nuclear disarmament commitments’ (14), ‘Review of the United Nations peacebuilding architecture’ (15), and ‘Keeping the promise: united to achieve the Millennium Development Goals’ (16),

               —

               having regard to the draft resolution of 14 September 2010 (17) and the resolution of 3 May 2011 (18) of the UNGA on the participation of the European Union in the work of the United Nations,

               —

               having regard to the 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), and to the reviews of the MDGs, the Peacebuilding Commission (PBC) and the Human Rights Council (HRC),

               —

               having regard to the report submitted by the co-facilitators on the review of the Peacebuilding Commission entitled ‘Review of the United Nations peacebuilding architecture’ (19),

               —

               having regard to the new UN Gender Entity (UN Entity for Gender Equality and Women’s Empowerment - UN Women),

               —

               having regard to the resolution of the United Nations Human Rights Council (UNHRC) on ‘Promoting human rights and fundamental freedoms through a better understanding of traditional values of humankind’ adopted on 24 March 2011 and to the EU’s negative standpoint on that resolution,

               —

               having regard to the preliminary list of items to be included in the provisional agenda of the 66th regular session of the UNGA (20),

               —

               having regard to its resolution of 10 March 2011 on the priorities of the 16th Session of the UNHRC and the 2011 review (21),

               —

               having regard to its resolution of 15 December 2010 on the future of the EU-Africa strategic partnership following the 3rd EU-Africa Summit (22),

               —

               having regard to its resolution of 25 November 2010 on the climate change conference in Cancun (COP16) (23),

               —

               having regard to its resolution of 25 November 2010 on the 10th anniversary of UN Security Council Resolution 1325 (2000) on Women, Peace and Security (24),

               —

               having regard to its resolution of 23 November 2010 on civilian-military cooperation and the development of civilian-military capabilities (25),

               —

               having regard to its resolution of 9 June 2005 on the reform of the United Nations (26),

               —

               having regard to Rules 121(3) and 97 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Development (A7-0189/2011),

               A.

               whereas a major transformation of the international order is taking place, challenging the European Union to engage more actively with current and emerging world powers and with other bilateral and multilateral partners in order to promote effective solutions to problems which affect both EU citizens and the world at large,

               B.

               whereas the EU should play a proactive part in building a United Nations that can effectively contribute to global solutions, peace and security, democracy and a rule-of-law-based international order; whereas, in accordance with Article 21 of the TEU, the EU is formally committed to effective multilateralism with a strong UN at its core, which is essential in order to address global challenges, such as climate change and environmental degradation, the universality and indivisibility of human rights, poverty reduction and development for all, the consequences of demographic change and migration and international organised crime,

               C.

               whereas the EU is facing many challenges in a rapidly changing world which require a concerted international response; whereas, in this endeavour, the EU can draw on effective multilateralism, universal values of human rights, on an open world economy based on internationally-agreed transparent and equitable rules and on its unique range of instruments,

               D.

               whereas new permanent structures were created by the Lisbon Treaty for the EU’s external representation and, as a result, the new EU representatives are required to take over functions previously carried out by the rotating Presidency of the EU,

               E.

               whereas Article 34 TEU obliges the EU Member States to coordinate their action in international organisations and at international conferences, and, further, obliges those Member States which are also members of the UN Security Council (UNSC) to ‘concert and keep the other Member States and the High Representative fully informed’ and ‘to defend the positions and the interests of the Union’; whereas the Member States that currently belong to the UNSC (France, the United Kingdom, Portugal and Germany) failed to act in concert and come up with a common position vis-à-vis military intervention in Libya, in particular in the context of the vote on UNSC Resolution 1973,

               F.

               whereas Article 47 TEU confers legal personality on the Union, implying rights and responsibilities under international law; whereas the EU shares the purposes and respects the principles of the United Nations Charter; whereas the Lisbon Treaty as a whole enables the Union to take on an international role commensurate with its prominent economic status and its ambitions and to fulfil the role of global player, as outlined in the 2003 European Security Strategy, competent to share responsibility for global security and to take the lead in defining common multilaterally-agreed responses to common challenges in a more unified way; whereas the Union must identify its strategic interests and objectives clearly if it is to act effectively,

               G.

               whereas global partnerships are instrumental in achieving jointly identified global goals; whereas the EU is the world's largest provider of development aid and a major partner of the UN in its efforts across all three pillars of its work, including in crisis and post-crisis situations, and the Member States' contribution amounts to 38 % of the UN's regular budget; whereas a solid and stable EU-UN partnership is fundamental to the work of the United Nations and key to the EU's role as a global actor,

               H.

               whereas the establishment of the European External Action Service (EEAS) should significantly contribute to the further implementation of UNSC Resolutions 1325 and 1820 and subsequent resolutions, through both its internal structure and its external actions and policies,

               I.

               whereas following the recommendation by the UNHRC, on 1 March 2011 the UNGA voted in favour of suspending Libya’s membership of the UNHRC,

               J.

               whereas more determined efforts to combat terrorism in the world have increased the need to address security whilst fully respecting human rights and fundamental freedoms,

         1.   Addresses the following recommendations to the Council:

         The European Union in the United Nations system

               (a)

               to advance effective multilateralism as the overriding strategic concern of the Union and to strengthen the coherence and visibility of the EU as a global actor at the UN, inter alia by better coordinating internal EU consultations on UN issues and by promoting greater outreach on a wide range of issues; to authorise the Vice-President/High Representative (VP/HR) to draft guidelines for regular consultations between the ambassadors of the Member States and the EU ambassadors, especially between those working at a multilateral level in places like Geneva and New York, so that the EU can successfully pursue its UN agenda and meet the expectations of UN members regarding its ability to act; to foster greater cohesion both within the UN system and between the positions of EU Member States and candidate and potential candidate countries, so as to maximise the potential offered by the Lisbon Treaty to strengthen the EU's impact through the coordinated and strategic use of its various and distinct (EU and Member States) entry points; to enhance its ability to negotiate with other regional groups in a timely manner; to provide the EU representatives with a proper mandate to negotiate effectively on behalf of the Member States,

               (b)

               to make full use of the provisions contained in UNGA resolution A/RES/65/276 on the EU's participation in the work of the United Nations, which makes the necessary arrangements for the EU to participate effectively in the work of the UNGA; to reconfirm its commitment that the UN is at the centre of the EU's foreign policy and to reiterate the view that its effective participation in the work of the UN is not only an EU strategic priority, but also consistent with achieving the UN's goals and, as such, in the interests of all UN members; to improve EU Member State coordination in the UNSC and to encourage Member States which are also members of the UNSC, and in accordance with Article 34 (2) TEU, to invite the VP/HR to represent the EU in the UNSC whenever a common position has been defined,

               (c)

               to seek better prioritisation and transmission channels between Brussels and the EU Delegation in New York, including more enhanced cooperation with the Political and Security Committee and a clearer and more structured system for the provision of support by EU institutions in Brussels,

               (d)

               to engage with the EU's strategic partners within the UN system; further, to give the strategic partnerships a multilateral dimension by including global issues on the agendas for the EU's bilateral and multilateral summits,

         The EU and global governance

               (e)

               to enhance global governance and to seek sustainable solutions to the issue of the relationship between the G-formations and the UN system, on which basis thematic debates and the economic dimension could usefully be covered by those groups, provided that the UN retains its central role and remains the legitimate body for global governance; at the same time, to consider the G8 and G20 as important forums for the definition of global responses to which the EU must actively contribute through coordinated positions; to support the UNGA President's initiative to organise General Assembly debates with the G20 Presidency before and after G20 summits,

               (f)

               to contribute to the operationalisation of the new single composite gender architecture replacing the four existing UN gender entities within the framework of the ongoing system-wide coherence (SWC) process; to fully support and advocate an adequate budget for UN Women so that this body can fulfil its role of promoting gender equality and to protect and empower women, including in conflict and post-crisis situations, working in close coordination with other parts of the UN system, and to maintain close contacts with this organisation; to apply gender mainstreaming in all the crisis preparedness actions of the Instrument for Stability (IfS),

               (g)

               to contribute to improving the efficiency and transparency of the UN and enhancing the management of the UN’s financial resources,

               (h)

               to use the first ever negotiation text on the reform of the UNSC as an opportunity to focus in a comprehensive manner on points of convergence and to achieve tangible progress regarding the clarification of the UNSC’s competences in relation to other UN bodies, the addition of members so as to improve the UNSC’s representativeness and legitimacy, and the review of the UNSC’s working methods; to emphasise the need for a comprehensive reform of the UNSC in order to strengthen its legitimacy, regional representation and effectiveness; to promote a reform process that can be irreversibly launched by EU Member States if, in keeping with the aims of the Lisbon Treaty as regards enhancing EU foreign policy and the role of the EU in global peace, security and regulation, they demand a permanent seat for the EU in an enlarged and reformed UNSC; to urgently take the initiative to bring Member States to develop a common position with that purpose; until such a common position is adopted, to agree to the introduction, without delay, of a rotation system in the UNSC, so as to secure a permanent seat for the EU in the UNSC,

               (i)

               to strengthen the role of the International Criminal Court (ICC) and the international criminal justice system, to promote accountability, to put an end to impunity and to further promote the important work of the ICC as the only permanent and independent judicial institution with jurisdiction over the most serious crimes which are matters of international concern, covering genocide, crimes against humanity and war crimes; to encourage a strong and close relationship between the ICC and the UN in line with Article 2 of the Rome Statute, and to encourage the ratification of the Rome Statute by all UN member states,

         Peace, security and justice

      Crisis prevention and management, mediation, peacekeeping and peacebuilding

               (j)

               to strengthen the crisis-prevention structures and their effectiveness within the United Nations Development Programme (UNDP) with a view to transforming this organisation into a global leader in crisis prevention and recovery; to strengthen the EU’s conflict-prevention structures and to improve cooperation in this area with the UN, the OSCE, the African Union (AU) and other international and regional organisations as well as with civil society, economic actors, private businesses, individuals and expert organisations,

               (k)

               to work towards achieving consensus on and developing a more operational approach to the doctrine of the Responsibility to Protect (RtoP); whilst stressing its importance in preventing and bringing about peaceful mediation of conflicts, to encourage the implementation of RtoP, inter alia by further refining mechanisms for applying it and by strengthening the role of regional organisations such as the AU and the Arab League, by strengthening early-warning mechanisms within the UN and by better defining the roles of relevant UN bodies; to take note of UNSC Resolution 1970(2011) of 26 February 2011, in which for the very first time all the permanent UNSC members agreed to call on the ICC to open an investigation of an incumbent government on the basis of alleged crimes against humanity and in keeping with the RtoP doctrine in reference to an ongoing crisis; to take note also of UNSC Resolution 1973(2011) of 17 March 2011, which stressed the determination of the international community to ensure the protection of civilians and civilian-populated areas, as the first practical example of the implementation of the RtoP doctrine under a clear UN mandate and in reference to an ongoing crisis,

               (l)

               to acknowledge the work done by the the UN's mediation bodies, such as the Mediation Support Unit (MSU) of the Department of Political Affairs (DPA), and to advocate an increase in their staffing levels; to support the EU's partnership with the MSU and to ensure that the EEAS plays a vital role in this regard,

               (m)

               to promote security and stabilisation in crisis areas through conflict prevention, mediation, dialogue, local capacity building and post-conflict recovery, reconstruction and peacebuilding strategies, which promote sustainable solutions through a smooth transition from short- and medium-term efforts to longer-term development strategies; to ensure that peacebuilding and development policies are both planned and implemented within the framework of a comprehensive single UN strategy, which takes account of peacebuilding needs and the future transition to a longer-term-strategy early on in both the planning and implementing stages and on which the EU bases its own measures; given that the stabilisation of a conflict-torn country requires more complex action and an integrated approach, and not merely troops, to orchestrate the necessary capacities by means of such a strategy, in order to adequately address the root causes of conflict, given that half the countries in which peacekeeping operations are deployed lapse back into conflict within 10 years of the departure of the peacekeeping forces,

               (n)

               to insist on the need to draw lessons from the recent developments in Japan and to bring forward proposals; to raise safety standards in existing nuclear plants, particularly in seismic areas; to call for improved cooperation in the event of similar man-made or natural disasters in order to minimise the consequences of releases of radioactivity for human beings and the environment,

               (o)

               to develop a clearly defined strategic vision of the EU’s crisis prevention and management instruments and to explore the scope for practical project management through the newly established EEAS, acknowledging the importance that crisis prevention and crisis management have in the context of the EU's external action,

               (p)

               to focus on ensuring national ownership of peacebuilding strategies, from initial design to implementation on the ground, drawing on best practices and success stories; to advance a cross-cutting development agenda on the basis of which state-building is supported by well-articulated peacebuilding and development efforts with strong economic aspects at their core,

               (q)

               to place more emphasis on the task of consolidating peace in post-conflict situations by providing strategic advice as well as harnessing expertise and financing from around the world to aid recovery projects; to mobilise resources and new funding sources and to finance early recovery with a view to post-conflict reconstruction,

               (r)

               to help increase the deployment of female civilian experts and support national action plans in the spirit of UNSC Resolution 1325 and the action plan of the UN Secretary-General on ensuring women's participation in peacebuilding,

      Global crisis management cooperation in partnerships

               (s)

               to consider it an EU strategic priority to strengthen international crisis-management partnerships and to enhance dialogue with other major crisis-management actors, such as the UN, NATO and the AU, and third countries, such as the USA, Turkey, Norway and Canada; to synchronise actions on the ground, share information and pool resources in the fields of peacekeeping and peacebuilding, including cooperation on crisis management and, in particular, maritime security, and the fight against terrorism under international law; to improve coordination, in this regard, with the International Financial Institutions (IFIs) and bilateral donors,

               (t)

               while recalling that the UNSC has primary responsibility for maintaining international peace and security, to stress the need for close cooperation between the EU and the UN in the area of civilian and military crisis management, and in particular in humanitarian relief operations; to step up efforts to ensure that EU Member States make adequate contributions to UN missions and that they contribute in a coordinated fashion; to further explore ways in which the EU as a whole can better contribute to UN-led efforts, such as by launching EU rapid response bridging or over-the-horizon operations or providing an EU component of a larger UN mission,

               (u)

               to create a broader strategic framework for the crisis-management partnership between the EU and regional and sub-regional organisations, such as the AU, the Arab League or the Economic Community of West African States (ECOWAS), and the UN and to strengthen, in particular, a triangular relationship between the AU Peace and Security Council, the UNSC and the EU Political and Security Committee, in order to help ensure coherence and mutual reinforcement of efforts in support of the AU; to enhance the predictability, sustainability and flexibility of the financing of UN-mandated peace operations undertaken by the AU; to seek solutions that make for closer EU-AU cooperation in their particular operational areas, thereby improving early-warning and conflict-prevention capacities and making for exchanges of best practices and expertise in the area of crisis management,

               (v)

               to contribute to the consolidation of progress made in implementing an African Peace and Security Architecture in order to address peace and security challenges on the African continent; to stress the importance of providing predictable and sustainable funding for African peace-support operations, the need to build local resilience capacities, and the determination to protect civilians in armed conflicts,

               (w)

               given the regional dimension of conflicts on the African continent, to pursue efforts to strengthen relations with sub-regional organisations including ECOWAS, the Southern African Development Community (SADEC) and the Intergovernmental Authority on Development (IGAD), and to involve them and the region's countries in crisis management,

      The peacebuilding architecture, review of the Peacebuilding Commission (PBC)

               (x)

               to help with the task of enabling the UN peacebuilding architecture to live up to the expectations which accompanied its establishment, by taking forward the recommendations of the PBC review process, also with the aim of further improving the PBC's effectiveness; to support the emergence of a sound overall peacebuilding architecture on the basis of a partnership between developing and developed countries, whilst paying particular attention to improving delivery on the ground, enhancing relations with the IFIs – in order to create jobs and address economic issues - and fostering a more organic relationship between peacekeeping and peacebuilding; to promote a more structured relationship between the PBC, the EEAS’s Managing Directorate for Global and Multilateral Issues, and particularly its Directorate on Conflict Prevention and Security Policy, and the UNGA, the UNSC and the Economic and Social Council with a view to generating greater synergy between peacekeeping and peacebuilding and development actions on the ground; to seek ways of strengthening the PBC's advisory role vis-à-vis the UNSC, to which it is accountable, of enhancing the PBC's cooperation with the Peacebuilding Support Office (PBSO) and of strengthening links with regional organisations and IFIs; further, to improve the existing partnership between the PBC and the EU Peace-building Partnership through a bottom-up approach to conflict resolution that takes the activities of non-state actors in peace-building into account,

               (y)

               to pursue efforts to unlock the PBC's potential through a strengthened link with the field, so as to maximise the value of the distinctive entry points of the PBC and UN teams on the ground who could benefit from its strategic guidance and political clout, particularly when it comes to institution-building,

      Nuclear disarmament and non-proliferation, reform of the IAEA, NPT review, fight against terrorism and organised crime

               (z)

               as a consequence of the nuclear disaster in Japan, to thoroughly reform the International Atomic Energy Agency (IAEA) by bringing to an end its dual function of both monitoring and promoting nuclear energy use and to limit the IAEA's responsibilities to overseeing the nuclear energy industry and verifying compliance with the Nuclear Non-Proliferation Treaty (NPT); additionally, to work towards ensuring that from now on safety standards are set and monitored by the World Health Organisation (WHO), in which connection Member States will be legally required to comply with those standards and the WHO will be provided with the necessary staffing to carry out the additional tasks,

               (aa)

               to promote the implementation of the recommendations of the 2010 NPT review, in particular to seek a safer world for all and to achieve, as a long-term objective, peace and security in a world without nuclear weapons, to further enhance transparency so as to increase mutual confidence, to achieve faster genuine progress towards nuclear disarmament, to take effective nuclear-disarmament measures which are consistent with the fundamental principles of transparency, verification and irreversibility, to encourage nuclear-weapons states to report regularly on the implementation of their commitments, and to review implementation,

               (ab)

               to further develop cooperation channels and mechanisms with the EU's external partners, especially the US, in the field of combating terrorism, particularly with a view to implementing the UN global counter-terrorism strategy, by participating in the G8 Roma/Lyons Group and the Counter-Terrorism Action Group, by strengthening the relevant global agreements and by stepping up efforts to conclude a comprehensive convention on international terrorism; to engage with these partners more effectively and in a more structured way, on both a strategic and a practical level; to show leadership and set an example by consolidating respect for fundamental rights and the rule of law as the core of the EU's approach to countering terrorism,

         Development

               (ac)

               to insist on the need to harmonise the efforts of various UN bodies in order to better promote the efficiency and effectiveness of action on development and social issues around the world; to live up to the pledges made at the MDG summit as regards gathering together the resources needed to meet the targets by 2015, in particular by meeting the EU’s commitments on official development aid; to strongly advocate an increase in the level of financial investment in order to meet the MDG targets and to rapidly scale up and replicate proven innovative programmes and policies aimed at overall development and economic and social transformation,

               (ad)

               to concentrate efforts to achieve the MDGs in particular on the regions and countries lagging furthest behind, especially countries in Sub-Saharan Africa and the Least Developed Countries (LDCs), and on fragile or conflict-torn countries,

      Least Developed Countries (LDCs)

               (ae)

               to ensure the efficacy of monitoring and audit mechanisms connected with the implementation of the UNLDC Programme of Action,

               (af)

               to ensure that long-term and sustainable development remains a comprehensive and coherent objective in the LDCs’ and their partners’ action plans,

      Fighting inequalities

               (ag)

               to ensure that middle-income countries with high levels of inequality continue to receive support and funding to reduce poverty and improve social cohesion, as most poor people live in middle-income countries,

               (ah)

               to support the reduction of gender inequalities and women’s empowerment in development, as women are disproportionately highly represented among the poor,

      Aid effectiveness

               (ai)

               to examine how the aid effectiveness agenda can be transformed into a development effectiveness agenda, devising in this context concrete strategies concerning fragile states and post-conflict environments,

               (aj)

               to achieve all the objectives of the Accra Agenda, on the basis of the effective involvement of parliaments, civil society organisations and local authorities,

               (ak)

               to ensure that social, political, economic and environmental challenges are addressed coherently,

      Right to Development (RTD)

               (al)

               to support the 1986 UN Declaration on the Right to Development, which stipulates that ‘States have the duty to cooperate with each other in ensuring development and eliminating obstacles to development … realize their rights and fulfil their duties in such a manner as to promote a new international economic order based on sovereign equality, interdependence, mutual interest’,

               (am)

               to keep RTD high on the agenda, given that this year we celebrate the 25th anniversary of the adoption of the UN Declaration on the Right to Development,

               (an)

               to recommend consolidation of the findings of the High-Level Task Force, in order to ensure the effective implementation of RTD,

               (ao)

               to take appropriate measures to make RTD an integral part of development policy, the Universal Periodic Review (UPR) and the work of UN human rights treaty bodies and mechanisms,

      International humanitarian aid

               (ap)

               to establish an international humanitarian aid agenda to address the full range of humanitarian challenges, the increase in humanitarian needs and the complexity of humanitarian situations,

               (aq)

               to strengthen worldwide humanitarian funding and improve the functioning and effectiveness of the humanitarian aid system,

               (ar)

               to take joint international initiatives to strengthen the interaction between humanitarian aid and development and the linking of relief, rehabilitation and development,

         Human rights

      Institutional issues

               (as)

               to ensure that the EEAS is well staffed and well resourced and integrated and coordinated with other international bodies, regional organisations and their work in promoting human rights; to ensure that recommendations and resolutions adopted, and priorities expressed, within the UN system and other international institutions are taken into consideration when developing EU policies and instruments, especially in the field of human rights,

               (at)

               to continue to actively participate in the review of the UNHRC in New York and its follow-up and to strengthen compliance with its mandate; to address the UNHRC's ability to tackle urgent situations involving serious human rights violations, as in the recent cases of Libya and the Ivory Coast, and to improve its capacity to enforce existing international norms and standards; to commend the UNGA's decision of 1 March 2011 to suspend Libya's membership of the UNHRC; to continue determined efforts and to use Special Procedures in order to transform the UNHRC into an early-warning and preventive mechanism, rather than a purely reactive body, able to prioritise and address the root causes of human rights violations with the aim of preventing fresh or further escalation of such violations, including through its support for capacity-building for national human rights institutions,

               (au)

               to seek ways of improving the UNHRC's election procedures in order to address the issue of the quality of UNHRC membership; to consider the establishment of clear criteria for membership of the UNHRC in order to prevent countries where human rights violations are frequent and widespread from becoming members of the UNHRC; to maintain, in the context of the review, the independence of the Office of the High Commissioner for Human Rights (OHCHR) and to oppose any attempts to change the status of the OHCHR which could impact negatively on its funding and, consequently, on its independence,

               (av)

               to develop a viable working relationship between the UNHRC and the Third Committee, and between the UNHRC and the United Nations High Commissioner for Human Rights (UNHCHR), and to address the growing signs of divisions between Member States concerning their votes in the UNHRC,

               (aw)

               to reach agreement on a common position ahead of the Durban Review Conference (‘Durban 3’), scheduled for September 2011, in order to demonstrate Member States’ willingness and capacity to ‘speak with one voice’ in global forums, to assert the EU’s influence within the UN framework, and to re-affirm its commitment to combating racism, xenophobia and bigotry in a balanced and non-discriminatory way,

      Human rights issues

               (ax)

               to continue its endeavours in the UNGA Third Committee on a large number of resolutions, in particular on the call for a moratorium on the use of the death penalty, which has received support from more countries, on the rights of the child, on national and linguistic minorities, on freedom of expression and free media, on religious intolerance, on abolishing torture and on the country-specific resolutions on Burma/Myanmar, North Korea and Iran; to support all efforts to eradicate torture; to particularly encourage the adoption of the Optional Protocol to the UN Convention on Torture,

               (ay)

               to continue international efforts aimed at ensuring that all human rights are considered universal, indivisible, interdependent and interrelated; in this context, to make efforts to block the use of the undefined concept of ‘traditional values of humankind’, which is of such a nature as to undermine the norms laid down under international human rights law and could lead to unacceptable attempts to justify human rights violations on the grounds that they are the result of traditional values, norms or practices,

               (az)

               to support the financing, through specific budgetary commitments, and the capacity, accountability and effectiveness of UN Women, so that it can coordinate relevant activities more effectively; to incorporate a gender perspective into all UN policies and create institutional coherence/synergy; to concentrate efforts, also by contributing to improved strategic planning, on the implementation of UNSC Resolution 1325, especially as regards women's presence in peace talks, thereby enabling them to become mediators, improving their skills, and empowering them as decision-makers, and, in general, linking women and development,

               (ba)

               to define a strategy vis-à-vis countries which refuse to cooperate fully with the UN mechanisms and allow access by UN independent experts and Special Rapporteurs, with a view to persuading such countries to grant them full access to their territory and refrain from hampering their work; to work towards maintaining the independence of Special Procedures,

               (bb)

               to give the highest political and diplomatic priority and accordingly grant the fullest support, through the various bilateral and multilateral forums in which the EU is an active partner, to all initiatives aimed at:

                           —

                           establishing a worldwide moratorium on female genital mutilation,

                           —

                           decriminalising homosexuality worldwide,

         Climate change

               (bc)

               to exercise leadership in the area of global climate governance and international cooperation on climate change; to focus on strong political engagement with third countries and to further develop a dialogue with other key actors, such as the United States, Russia, the emerging powers (China, Brazil, India) and developing countries, given that climate change has become a key element of international relations and a major threat to the achievement of the MDGs; to contribute to an institutional architecture that is inclusive, transparent, equitable and provides for balanced representation of both developed and developing countries on relevant governing bodies; to lay down solid foundations for the next meeting negotiations, which will take place in late 2011 in South Africa (COP17), building on the good progress made at COP16 in Cancun and keeping in mind the lessons learned from the unsatisfactory outcome of COP15 in Copenhagen,

               (bd)

               to cooperate more strategically and to be more responsive to the needs of third countries while further developing the EEAS’s capacities to build up a climate diplomacy policy; to support the active participation of the Commission in the ongoing debate on Protection Gaps and Responses launched by the United Nations High Commissioner for Refugees (UNHCR) in the framework of the 2010 High Commissioner's Dialogue on Protection Challenges which aims to improve the existing international protection framework for forcibly displaced and stateless people; to participate actively in the debate on the term ‘climate refugee’ - intended to describe people who are forced to flee their homes and seek refuge abroad as a consequence of climate change - including a possible legal definition of this term, which is not yet recognised in international law or in any legally binding international agreement,

         Final recommendations

               (be)

               to foster a debate on the topic of the role of parliaments and regional assemblies in the UN system, which is expected to feature on the agenda of the 66th UNGA session, and on the topic of establishing a United Nations Parliamentary Assembly (UNPA); further, to promote interaction on global issues between governments and parliaments,

               (bf)

               to advocate the establishment of a UNPA within the UN system in order to increase the democratic nature, the democratic accountability and the transparency of global governance and to allow for greater public participation in the activities of the UN, acknowledging that a UNPA would be complementary to existing bodies, including the Inter-Parliamentary Union;

         *
   * *
   2.   Instructs its President to forward this recommendation to the Vice-President of the Commission/High Representative for the Union of Foreign Affairs and Security Policy, the Council, and, for information, the Commission.

      (1)  OJ C 4 E, 7.1.2011, p. 49.

      (2)  Council of the European Union 10170/2010.

      (3)  United Nations General Assembly Resolution A/RES/65/264.

      (4)  United Nations General Assembly Resolution A/RES/65/226.

      (5)  United Nations General Assembly Resolution A/RES/65/225.

      (6)  United Nations General Assembly Resolution A/RES/65/223.

      (7)  United Nations General Assembly Resolution A/RES/65/222.

      (8)  United Nations General Assembly Resolution A/RES/65/218.

      (9)  United Nations General Assembly Resolution A/RES/65/177.

      (10)  United Nations General Assembly Resolution A/RES/65/168.

      (11)  United Nations General Assembly Resolution A/RES/65/167.

      (12)  United Nations General Assembly Resolution A/RES/65/123.

      (13)  United Nations General Assembly Resolution A/RES/65/94.

      (14)  United Nations General Assembly Resolution A/RES/65/59.

      (15)  United Nations General Assembly Resolution A/RES/65/7.

      (16)  United Nations General Assembly Resolution A/RES/65/1.

      (17)  United Nations General Assembly Draft Resolution A/RES/64/L.67.

      (18)  United Nations General Assembly Resolution A/RES/65/276.

      (19)  United Nations General Assembly Resolution A/64/868-S/2010/393, annex.

      (20)  United Nations General Assembly document A/66/50.

      (21)  Texts adopted, P7_TA(2011)0097.

      (22)  Texts adopted, P7_TA(2010)0482.

      (23)  Texts adopted, P7_TA(2010)0442.

      (24)  Texts adopted, P7_TA(2010)0439.

      (25)  Texts adopted, P7_TA(2010)0419.

      (26)  OJ C 124 E, 25.5.2006, p. 549.


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31982H0857

82/857/EEC: Council recommendation of 10 December 1982 on the principles of a Community policy with regard to retirement age

Official Journal L 357 , 18/12/1982 P. 0027 - 0028 Spanish special edition: Chapter 05 Volume 3 P. 0039  Portuguese special edition Chapter 05 Volume 3 P. 0039

*****COUNCIL  RECOMMENDATION  of 10 December 1982  on the principles of a Community policy with regard to retirement age  (82/857/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the draft recommendation submitted by the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas on 18 December 1979 the Council adopted a resolution on the adaptation of working time (3); whereas a broad consensus was noted in the Standing Committee on Employment to the effect that all workers should gradually be given the right from a certain age to choose the time of their retirement;  Whereas there are a number of reasons for making the retirement age more flexible; whereas these reasons stem mainly from the objective needs and the desires of those concerned but also relate to more general policy considerations;  Whereas certain principles should be established in order that this Community objective may be gradually achieved,  HEREBY INVITES THE MEMBER STATES:  to acknowledge flexible retirement, i.e. freedom for employed persons within the meaning of their domestic legislation to choose under the conditions prescribed by such legislation when they will take their retirement pension, as one of the aims of their social policy,  HEREBY RECOMMENDS THE MEMBER STATES:  A. to be guided by the following principles in order to achieve the progressive introduction of flexible retirement, within the framework of different retirement pension systems and taking particular account of the freedom of collective bargaining:  1. To ensure that retirement is voluntary, the rules governing the age from which a retirement pension may normally be drawn should be made flexible. To this end:  - as from a specified age, and if necessary within an age limit, employed persons should be free to choose the age from which they could take their retirement pensions;  - failing that, and provided that the system stipulates a specific age for the granting of a pension, employed persons should have the right, during a specified period, to apply for a pension in advance of the prescribed age or to defer it beyond that age. Reductions to pensions taken early should not be such as to make it pointless to exercise this right;  - furthermore, flexibility as regards the age of entitlement to a retirement pension can also be achieved by a system under which entitlement to a retirement pension arises after a given number of years of occupational activity or membership of an insurance scheme.  2. The measures referred to in point 1 should not stand in the way of existing or future opportunities for employed persons to obtain a gradual reduction in their working hours during the years immediately preceding their retirement.  3. Financial incentives to promote the early departure of elderly workers which have been introduced for a limited period only and because of exceptional economic circumstances may not, nonetheless, be regarded as forming part of a flexible retirement system.  The Member States shall also determine what schemes cannot be regarded as forming part of a flexible retirement system.  4. Employed workers receiving a retirement pension cannot be excluded from any form of paid employment.  5. Retirement preparation programmes should be started during the years preceding the end of working life with the participation of organizations representing employers and employed persons and of other interested bodies.  B. to undertake, as a first stage, an examination of their retirement pension systems in the light of these principles over the next two years and to examine also the feasibility of generalizing opportunities for phased retirement with a view to easing the passage from full-time employment to retirement.  Member States shall communicate the results of these examinations to the Commission within two and a half years following the adoption of this recommendation, to enable it to draw up a report for submission to the Council on the progress made and the obstacles encountered in applying flexible retirement and phased retirement, and if necessary to propose any other measures needed to achieve common objectives and to make the transition from full-time employment to retirement easier for employed persons.  Done at Brussels, 10 December 1982.  For the Council  The President  G. FENGER MOELLER  (1) OJ No C 267, 11. 10. 1982, p. 71.  (2) OJ No C 178, 15. 7. 1982, p. 30.  (3) OJ No C 2, 4. 1. 1980, p. 1.


title: Recommendation of the European Central Bank of 31 March 2017 to the Council of the European Union on the external auditors of the Nationale Bank van België/Banque Nationale de Belgique (ECB/2017/8)

text:
               13.4.2017

               EN

               Official Journal of the European Union

               C 120/1

         RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
   of 31 March 2017
   to the Council of the European Union on the external auditors of the Nationale Bank van België/Banque Nationale de Belgique
   (ECB/2017/8)
   (2017/C 120/01)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

               (2)

               The mandate of the Nationale Bank van België/Banque Nationale de Belgique’s current external auditors, Ernst & Young Bedrijfsrevisoren/Réviseurs d’Entreprises, ended after the audit for the financial year 2016. It is therefore necessary to appoint external auditors from the financial year 2017.

               (3)

               The Nationale Bank van België/Banque Nationale de Belgique has selected Mazars Réviseurs d’entreprises/Mazars Bedrijfsrevisoren SCRL/CVBA as its external auditors for the financial years 2017 to 2022,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that Mazars Réviseurs d’entreprises/Mazars Bedrijfsrevisoren SCRL/CVBA should be appointed as the external auditors of the Nationale Bank van België/Banque Nationale de Belgique for the financial years 2017 to 2022.

      Done at Frankfurt am Main, 31 March 2017.

            The President of the ECB

         Mario DRAGHI


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32001H0703(01)

Council Recommendation of 25 June 2001 on contact points maintaining a 24-hour service for combating high-tech crime

Official Journal C 187 , 03/07/2001 P. 0005 - 0006

Council Recommendationof 25 June 2001on contact points maintaining a 24-hour service for combating high-tech crime(2001/C 187/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the position adopted by the Council on 19 March 1998 inviting the Member States to join the G8 24-hour information network for combating high-tech crime, and its endorsement of the network's principles,Considering the communication of 26 January 2001 from the Commission "Creating a safer information society by improving the security of information infrastructures and combating computer-related crime: Europe 2002",Whereas:(1) The G8 network's principles concerning national points of contact for the purpose of combating high-tech crime were adopted at the G8 meeting for Ministers of Justice and Home Affairs in Washington DC on 9 and 10 December 1997. To these principles were added an action plan for the establishment of the network and an account of the commitments that the individual States take on if they join the network. In the action plan, the G8 welcomes countries also coming from outside the G8 circle to join the network.(2) There is a great advantage in a global network like the G8 network, and there are reasons to believe that its importance will increase. If law enforcement networks combating IT-related crime consist of only a few countries, they cannot obtain a sufficient overview of, or achieve sufficient efficiency in, combating such crime in cyberspace.(3) The basic idea behind the network is that the handling of various types of high-tech crime should be swift and highly professional. The emphasis is put on conserving evidence in environments where information can be quickly lost or destroyed. If the first measures taken by the law enforcement authorities are incorrect or slow, they may obstruct or even ruin opportunities to investigate cases of this form of crime. Another purpose of the network is that the countries linked to the network should be able to obtain an overview of computer network crime since it often occurs simultaneously at different locations in different countries.(4) The network was established gradually over the years 1998 to 2000, and efforts to extend the number of countries are still being made. At a high-level experts meeting at Europol in November 2000, the participants agreed that the intention to extend the G8 network would constitute one of the official recommendations made by that meeting.(5) At present, the network is made up of the following countries: Australia, Brazil, Canada, Denmark, Finland, France, Germany, Italy, Japan, The Netherlands, Russia, Spain, Sweden, United Kingdom and USA. Thus, nine EU Member States have joined the network.(6) Those EU Member States that have not joined the G8 network form part of Interpol's national central reference point system (NCRP). At present, more than 60 countries are connected to Interpol's network. An NCRP is usually a specialist unit. The NCRPs of Interpol, however, do not always provide 24-hour readiness besides the readiness provided by the communications centres of the National Central Bureaux. The cooperation within Interpol's NCRP network is based on the same principles that are otherwise applied to the Interpol cooperation. This means that measures involving any means of coercion in order, for instance, to conserve evidence are normally not handled through this channel. The G8 network has in its principles emphasised quick measures when it comes to freezing or conserving evidence in computer systems or networks. There is no competitive relation between the two law enforcement networks. On the contrary, they rather complement each other. It should therefore be possible for those EU Member States that are not represented in the G8 network to link a 24-hour function to their specialist units that form part of the Interpol cooperation.(7) Experience from, for instance, the world wide "love letter" virus in May 2000 shows that the G8 network needs to be both extended and improved. Effective maintenance of 24-hour readiness in the form of specialist units in the countries that have joined the network represents an important improvement. Today, it happens that a communications centre receives a message and forwards it only after the opening of the specialist unit. In connection with holidays, such a procedure may result in fatal loss of time.(8) A desirable common standard would be that the unit designated as a national contact point really is a specialist unit that applies recommended international practice to investigations of high-tech crime, and that the unit is prepared to take any possible action, with due regard, of course, to national legislation.HEREBY RECOMMENDS:- those Member States that have not yet joined the G8 network of contact points with 24-hour service intended for the combat against high-tech crime to do so,- Member States to ensure that the unit designated as a contact point maintains 24-hour service, and that the contact point really is a special unit that applies established good practice when investigating IT-related crime. The contact point should also be able to take operational measures.


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52004SC0826

Commission Opinion on the existence of an excessive deficit in Poland - Application of Article 104(5) of the Treaty establishing the European Community  /* SEC/2004/0826 final */

COMMISSION OPINION on the existence of an excessive deficit in Poland - Application of Article 104(5) of the Treaty establishing the European CommunityEXPLANATORY MEMORANDUMOn 7 April 2004, the Commission published its Spring 2004 forecasts [1]. According to these forecasts, which took into consideration data reported by Poland in March 2004, the general government deficit in Poland increased from 3.6% of GDP in 2002 [2] to 4.1% of GDP in 2003, thus exceeding the 3% of GDP Treaty reference value.[1]  The Commission Spring 2004 forecast is available at the following website: http://europa.eu.int/comm/economy_finance/publications/european_economy/2004/ee204en.pdf.[2]  According to the convergence programme, submitted by the Polish authorities on 17 May, the deficit for 2002 was revised to 4.0% of GDP.Based on this prima facie evidence, the Commission initiated the excessive deficit procedure for Poland on 12 May 2004, with the adoption of the report foreseen in Article 104(3) of the Treaty [3]. On 17 May 2004, the Commission received the convergence programme of Poland, which confirmed a deficit figure of 4.1% of GDP for 2003.[3]  The full text of this report is available at the following website: http://europa.eu.int/comm/economy_finance/about/activities/sgp/procedures_en.htm.The application of the excessive deficit procedure (EDP) is governed by Article 104 of the Treaty and by Council Regulation (EC) No 1467/97 "on speeding up and clarifying the implementation of the excessive deficit procedure", which is part of the Stability and Growth Pact [4]. Countries that joined the EU on 1 May 2004 are Member States with a derogation and are to avoid excessive deficits, but sanctions according to Article 104 (9) and (11) cannot be imposed on them.[4]  OJ L 209, 2.8.1997.The Commission report according to Article 104(3) of the Treaty concluded that the excess of the Polish deficit in 2003 over the 3% of GDP Treaty reference value did not result from an unusual event outside the control of the Polish authorities, nor was it the result of a severe economic downturn in the sense of the Stability and Growth Pact, as real GDP growth reached 3.7% in 2003. Concerning developments in 2004, the report concluded that the general government deficit is likely to increase and remain above 3% of GDP. In particular, the Commission Spring 2004 forecasts are for a general government deficit of 6.0% of GDP in 2004, which is above the 5.7% of GDP projected by the Polish authorities in the convergence programme.Based on the Commission Spring 2004 forecasts, the Commission report also concluded that the debt-to-GDP ratio, which had reached 45.4% of GDP in 2003, will continue to remain below the 60% reference value of the Treaty in 2004. In particular, the Commission Spring 2004 forecasts project the debt ratio to reach 49.1% of GDP in 2004, which corresponds to the 49% of GDP projected by the Polish authorities in the convergence programme. The deficit and the debt figures will have to be adjusted upward if the open pension funds are excluded from the general government sector following the EUROSTAT decision on the classification of the funded pension schemes.Article 104(4) of the Treaty states that "the Committee provided for in Article 114 (i.e. the Economic and Financial Committee) has to formulate an opinion on the report of the Commission". The Committee issued its opinion on 24 May 2004, subscribing to the assessment made by the Commission in its report. In particular, the Committee concluded that the budgetary situation in Poland indicated the existence of an excessive deficit under the first of the two criteria foreseen by Article 104(2) for the identification of such deficits. Consideration of other relevant factors, in particular the medium-term budgetary position and the public investment ratio, did not change the assessment based on the criteria themselves. The Committee also considered as likely that the general government deficit would continue to exceed the Treaty reference value in 2004, and that general government gross debt would remain below the Treaty reference value of 60% of GDP in 2004.The Commission, having examined the relevant factors taken into account in its report and having regard to the opinion of the Committee, is of the opinion that an excessive deficit exists in Poland. This opinion, adopted by the Commission on 24 June 2004, is herewith addressed to the Council, according to Article 104(5) of the Treaty. The Commission recommends that the Council shall decide accordingly, in conformity with Article 104(6). In addition, the Commission is submitting to the Council a recommendation for a Council recommendation to be addressed to Poland with a view to bringing the situation of an excessive deficit to an end, according to Article 104(7) of the Treaty.COMMISSION OPINION on the existence of an excessive deficit in Poland - Application of Article 104(5) of the Treaty establishing the European CommunityGENERAL CONSIDERATIONSAccording to Article 104 of the Treaty, Member States are to avoid excessive government deficits. This applies also to the Member States with a derogation, the case of all countries that joined the EU on 1 May 2004. Decisions on the existence of an excessive deficit are governed by the excessive deficit procedure (EDP) specified by Article 104 of the Treaty and Council Regulation (EC) No 1467/97, which is part of the Stability and Growth Pact  [5].[5]  OJ L 209, 2.8.1997.Article 104(2) of the Treaty requires the Commission to monitor the development of the budgetary situation and of the stock of government debt in the Member States with a view to identifying gross errors. In particular, the Commission has to examine compliance with budgetary discipline on the basis of two criteria, one for the ratio of the planned or actual government deficit to gross domestic product (GDP) and one for the ratio of government debt to GDP. The statistical data on these variables are provided by the Commission on the basis of reporting by the Member States.Article 104(3) of the Treaty requires the Commission to prepare a report if the requirements under one or both of the criteria of Article 104(2) are not fulfilled or if, notwithstanding the fulfilment of the requirements under the criteria, the Commission is of the opinion that there is a risk of an excessive deficit in a Member State. The Commission report also takes into account whether the government deficit exceeds government investment expenditure and all other relevant factors, including the medium-term economic and budgetary position of the Member State, as required by Article 104(3) of the Treaty. On the basis of its Spring 2004 forecasts, which took into consideration data reported by Poland in March 2004, the Commission has adopted such a report for Poland on 12 May 2004.Subsequently, and in accordance with Article 104(4), the Economic and Financial Committee has formulated an opinion on the report of the Commission on 24 May 2004.Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if it considers that an excessive deficit in a Member State exists or may occur. In order to reach a conclusion on whether an excessive deficit exists or may occur, the Commission considers that account should be taken of: (i) the conclusions of its own report and (ii) the opinion of the Economic and Financial Committee on it. On the basis of these elements, the Commission has established a number of considerations for Poland.CONSIDERATIONS CONCERNING POLAND1. The general government deficit in Poland was 4.1% of GDP in 2003, well above the 3% of GDP reference value of the Treaty. It remained at about the 2002 deficit (4.0 % of GDP, revised upward in the May 2004 convergence programme from 3.6% of GDP in the March 2004 fiscal notification).2. The excess of the deficit over the 3% of GDP reference value in 2003 did not result from an unusual event outside the control of the Polish authorities, nor from a severe economic downturn, in the sense of the Stability and Growth Pact. In 2003, real GDP growth reached 3.8% according to the latest estimates.3. The outturn for the general government deficit in 2003 was higher than planned in August 2002 when the pre-accession economic programme was adopted. Higher-than-expected expenditure resulted from additional outlays for various social allowances (e.g. child and family allowances) and foreign debt servicing. In spite of higher growth and various measures to improve tax administration, revenues in 2003 were lower than initially foreseen. Personal income tax revenues were over-estimated reflecting an optimistic wages and employment forecast. Indirect taxes revenues were lower than expected.4. Gross government investment in 2003 was 3.5% of GDP, compared to a general government deficit of 4.1% of GDP.5. The general government deficit is likely to continue to exceed the Treaty reference value in 2004. In particular, the Commission Spring 2004 forecasts project the general government deficit in Poland to reach 6.0% of GDP in 2004, which is above the 5.7% of GDP projected by the Polish authorities in the convergence programme.6. The gross government debt to GDP ratio in Poland, which reached 45.4% of GDP in 2003, is likely to stay below the 60% of GDP Treaty reference value in 2004. In particular, the Commission Spring 2004 forecasts project gross government debt to reach 49.1% of GDP in 2004, which corresponds to the 49% of GDP projected by the Polish authorities in the convergence programme.CONCLUSIONThe monitoring of the budgetary situation in Poland and, in particular, the examination of the compliance with the criteria laid down in Article 104(2) has led the Commission to prepare a report in accordance with Article 104(3) of the Treaty. The Commission, having examined the relevant factors taken into account in this report and having regard to the opinion of the Economic and Financial Committee, is of the opinion that an excessive deficit exists in Poland.