2008/2028(INI) | [ParlTrack]

Motion for a resolution
Visa 2

- having regard to its previous resolutions on the deliberations of the Committee on Petitions, notably its resolution of 21 June 2007 on the results of the fact-finding mission to the regions of Andalucía, Valencia and Madrid conducted on behalf of the Committee on Petitions,

Amendment 10 #

Motion for a resolution
Recital L

L. whereas, moreover, although petitioners ' allegations are not always ~~right or their allegations~~ well-founded, they are nevertheless entitled to expect an explanation and a ~~reasoned~~ response from the committee responsible,,

Amendment 11 #

Motion for a resolution
Recital L a (new)

La. whereas enhanced inter-institutional coordination with automatic redirection of inadmissible petitions to relevant national authorities, including equivalent parliamentary committees and Ombudsman, would better address the questions raised by European citizens,

Amendment 12 #

Motion for a resolution
Recital N

N. whereas it is essential that the Parliament provide itself with the means~~, in terms of effective authority, rules, procedures and resources,~~ to respond efficiently and in good time to the petitions received by it,

Amendment 13 #

Motion for a resolution
Recital Ra (new)

Ra. whereas, moreover, this undermines citizens' confidence in the European institutions' ability to meet their expectations,

Amendment 14 #

Motion for a resolution
Recital S

S. whereas in 2007, when the membership of the Committee on Petitions was increased from 25 to 40, Parliament registered 1 506 petitions (representing a 50% increase compared to 2006), of which 1 089 were declared admissible; 324 of the petitions declared admissible were closed without any deliberation in committee in the light of decisions previously taken on similar petitions; 42 petitions declared admissible were closed without deliberation in committee under the written procedure; 145 petitions of the petitions declared admissible concerned problems related with the EU's Internet Market,

Amendment 15 #

Motion for a resolution
Recital W

W. whereas the priority areas of concern to European citizens, as expressed in the petitions process, focus on the following issues: the environment and its protection, including the weakness of Environmental Impact Assessment Directive, the Water Framework Directive, the Drinking Water Directive, the Waste Directives, the Habitats Directive, the Birds Directive, the Money Laundering Directive and others, and including general concerns about pollution and climate change, individual and private property rights, financial services, free movement and rights of workers including pension rights and other social provisions, free movement of goods and taxation, recognition of professional qualifications, freedom of establishment and allegations of discrimination on grounds of nationality, gender or membership of a minority,

Amendment 16 #

Motion for a resolution
Recital Y

Y. whereas the President of the Commission stated at the ninth meeting of the Conference of the Parties to the UN Convention on Biological Diversity that "the 'business as usual' approach has no chance of achieving the target of significantly reducing global biodiversity loss by 2010"; whereas the Natura 2000 network remains the central tool whereby the EU seeks to attain its own objective of halting biodiversity loss by 2010,deleted

Amendment 17 #

Motion for a resolution
Recital AB

AB. bearing in mind future developments which will further enhance the involvement of European citizens in the activity and work of the European Union, notably by the introduction of the "citizens' initiative" provided for under the Treaty of Lisbon, if ratified by all 27 Member States, which will permit not less than one million individuals from several Member States to call for a proposal for a new legislative act, and for which specific procedures must be introduced involving the Commission, to which such initiatives must be initially addressed, the European Parliament and the Council,

Amendment 18 #

Marian HARKIN

Motion for a resolution
Recital AB a (new)

ABa. whereas if the operations of the Petitions Committee are effective and efficient it sends a clear signal to citizens that their legitimate concerns are being dealt with and establishes a genuine connection between citizens and the EU, however if there are unacceptable delays, and an unwillingness on behalf of Member States to implement the required recommendations then it merely serves to increase the distance between the EU and its citizens and in many cases confirms their view that a democratic deficit exists,

Amendment 19 #

Motion for a resolution
Paragraph 1

1. Welcomes the close collaboration between the Committee on Petitions and ~~its secretariat and~~ the services of the Commission and the Ombudsman and the climate of cooperation that exists between the institutions which seek to respond to the concerns of Europe's citizens; firmly believes, however, that priority should be accorded to enabling the Committee on Petitions itself to further enhance its own independent investigatory facilities, notably through the reinforcement of its secretariat; undertakes to further streamline internal procedures of the Petitions Committee in order to facilitate the petitions process further, notably with respect to the timeframe within which petitions are determined, their admissibility, investigation and follow-up, the organisation of committee meetings, the cooperation with other parliamentary committees which may have an interest or competence on certain petitions, and committee initiatives such as fact-finding missions;

Amendment 2 #

Motion for a resolution
Recital A a (new)

Aa. whereas this report should not merely list the Committee on Petitions' activities in 2007 but should serve as a benchmark identifying weakness during the year and the guidelines to be followed in order to improve its efficiency and better meet the expectations of European citizens,

Amendment 20 #

Motion for a resolution
Paragraph 1 a (new)

1a. Notes, in this regard, that the introduction of an Advisory Board of Legal Experts to contribute to the process of pre-selection of admissible petitions would ensure legal consistency while also providing the necessary conditions for independent investigation;

Amendment 21 #

Motion for a resolution
Paragraph 1 b (new)

1a. Stresses that the legal scope of the Charter of Fundamental Rights will be recognised after ratification of the Lisbon Treaty, which will formally enshrine its independent binding character, and points out that specific measures will have to be envisaged to determine what effect this will have on citizens' rights and, as a consequence, on the work and competences of the Committee on Petitions;

Amendment 22 #

Motion for a resolution
Paragraph 3 a (new)

3a. Calls on the Secretary General to embark on negotiations with the European Commission and the European Ombudsman with the task of coordinating better their work on complaints in a way that facilitates, simplifies and streamlines the complaint procedures and make them more transparent and expeditious; calls on the Secretary General to report back to the Petitions Committee within six months;

Amendment 23 #

Motion for a resolution
Paragraph 4

4. ~~Supports~~Urges the Secretary-General to start urgently proceeding in view of the formalisation of a procedure whereby ~~certain~~the petitions in the field of the internal market ~~can b~~are transferred to the SOLVIT network with the aim to shorten significantly the petitions proceedings in the field of Internal Market issues such as car taxes, recognition of professional qualifications, residents permits, border controls and access to education, while preserving Parliament's right to examine the issue should a satisfactory solution not be found through SOLVIT;

Amendment 24 #

Motion for a resolution
Paragraph 4 a (new)

4a. Reiterates once again the need for greater involvement on the part of Council and the Permanent Representatives Offices of the Member States in the activities of the Committee and urges them to increase their presence and participation in the interests of the citizens;

Amendment 25 #

Motion for a resolution
Paragraph 4 a (new)

4a. Stresses, however, that the 'introduction of deadlines and a closer partnership between the latter are vital so as not to lengthen response times to petitioners;

Amendment 26 #

Motion for a resolution
Paragraph 4 b (new)

4b. Considers it necessary, given the number of inadmissible petitions, to establish inter-institutional coordination with competent authorities at a national level for automatic redirection and informed procedure development;

Amendment 27 #

Motion for a resolution
Paragraph 4 c (new)

4c. Supports the enhancement of formal cooperation structures between the Committee on Petitions and relevant authorities at a national level, including pertinent parliamentary committees and Ombudsman, providing an institutionalised channel of communication as well as a forum within the framework of which to address selected petitions as well as Community and national law inconsistencies;

Amendment 28 #

Motion for a resolution
Paragraph 4 d (new)

4d. Considers that, in the context of the reinforcement of the Committee on Petitions secretariat, the introduction of an IT facility for online tracking destined to petitioners would contribute to a more transparent and efficient process by means of, inter alia, regular status updates and calls for additional information; notes that such a measure would better meet the expectations of European citizens while also fostering an enhanced execution of the institutional responsibilities falling upon the European Parliament and the Committee;

Amendment 29 #

Motion for a resolution
Paragraph 5 a (new)

5a. Reiterates in this connection the representative nature of the Committee as well as its institutional role and duty before European citizens and residents;

Amendment 3 #

Motion for a resolution
Recital B a (new)

Ba. whereas in accordance with the treaty EU citizens have the right to petition the European Parliament but they may also channel their complaints to other EU institutions or organs, notably the European Commission and the European Ombudsman; and whereas privacy must be accorded to the petitions process,

Amendment 30 #

Marian HARKIN

Motion for a resolution
Paragraph 8 a (new)

8a. Recommends that top priority be given to ensuring an effective and efficient Petitions Committee in all aspects of its operation from start to finish as this is a real and tangible commitment to its citizens indicating that the E.U. is willing and able to respond to their legitimate concerns;

Amendment 31 #

Motion for a resolution
Paragraph 9

9. Expresses its concern ~~and dismay~~ at reports by petitioners that, even when they have obtained the support of the Committee on Petitions on the substance of their petition, they too often experience great difficulty in obtaining any compensation from the authorities and national courts involved; believes that such systemic weaknesses need to be further investigated, notably in so far as they apply to the financial services sector, as in the case of the findings of the Committee of Inquiry into the Equitable Life crisis, which were based on petitions received by Parliament and on which a report was produced in 2007;

Amendment 32 #

Motion for a resolution
Paragraph 11

11. Urges the Commission, when dealing with petitions and complaints related to environmental policy – which is the predominant concern of petitioners in the EU (more than one-third of petitions concerning the environment in 2007 came from Spain) – to be more ready to act to prevent breaches of EU law, rather than waiting for EU law to be infringed as is so often the case according to the many responses received by the Committee on Petitions on specific matters of concerone of the predominant concerns of petitioners in to he EU ~~citizens~~; notes that the "precautionary principle" has noinsufficient practical legal force and is too often ignored by responsible authorities in Member States who nevertheless are under an obligation to apply the EC Treaty;

Amendment 33 #

Motion for a resolution
Paragraph 11

11. Urges the Commission, when dealing with petitions and complaints related to environmental policy – which is the predominant concern of petitioners in the EU ~~(more than one-third of petitions concerning the environment in 2007 came from Spain)~~ – to be more ready to act to prevent breaches of EU law, rather than waiting for EU law to be infringed as is so often the case according to the many responses received by the Committee on Petitions on specific matters of concern to EU citizens; notes that the "precautionary principle" has no practical legal force and is too often ignored by responsible authorities in Member States who nevertheless are under an obligation to apply the EC Treaty;

Amendment 34 #

Carlos ITURGAIZ

Motion for a resolution
Paragraph 11

Amendment 35 #

Motion for a resolution
Paragraph 12

12. Regrets the lack of support given to the Committee on Petitions by the Commission when, as a result of fact-finding visits in particular, compelling evidence is obtained concerning failure to respect citizen's rights as enshrined in the Treaty, or failure to apply legislation ~~designed to protect the environment (notably where large infrastructure projects are planned involving significant financial interests),~~ and calls for new procedures to be established which allow Parliament to bring such cases directly before the Court of Justice;

Amendment 36 #

Motion for a resolution
Paragraph 14

14. Recognises also that in many instances satisfactory solutions cannot be found for petitioners ~~because of the weaknesses~~ in the applicable Community legislation itself; regrets that a number of increasingly important installations and activities, such as re-gasification plants, bio-diesel plants and gas pipelines, do not appear to be taken into consideration in Community law in a manner comparable with installations and activities having a similar potential impact on human health, safety and the environment;

Amendment 37 #

Motion for a resolution
Paragraph 18

18. Reaffirms its commitment to upholding the recognition of rights of European citizens to their private property which has been legally obtained, and condemns all attempts to divest families of their property without due process, proper compensation or respect for their personal integrity; notes an increase in the numbers of petitions received on this issue, especially regarding Spain in 2007, and notes also the report and recommendations of the fact-finding visit conducted by the Committee on Petitions1 to investigate the problem for the third time; notes that, as regards the Public Procurement Directives, ongoing infringement procedures are still open; stresses the importance, moreover, of the immediate implementation of UN Security Council resolution 550 (1984), which sets out the commitment to return the town of Famagusta to its rightful inhabitants;

Amendment 38 #

Motion for a resolution
Paragraph 18

18. Reaffirms its commitment to upholding the recognition of rights of European citizens to their private property which has been legally obtained, and condemns all attempts to divest families of their property without due process, proper compensation or respect for their personal integrity; notes an increase in the numbers of petitions received on this issue, especially regarding Spain in 2007, and notes also the report and recommendations of the fact-finding visit conducted by the Committee on Petitions2 to investigate the problem for the third time; notes that, as regards the Public Procurement Directives, ongoing infringement procedures are still open; 1 DT 660551. 2 DT 660551.; Or. en

Amendment 39 #

Carlos ITURGAIZ

Motion for a resolution
Paragraph 18

18. Reaffirms its commitment to upholding the recognition of rights of European citizens to their private property which has been legally obtained, and condemns all attempts to divest families of their property without due process, proper compensation or respect for their personal integrity; notes an increase in the numbers of petitions received on this issue~~, especially regarding Spain in 2007, and notes also the report and recommendations of the fact-finding visit conducted by the Committee on Petitions to investigate the problem for the third time~~; notes that, as regards the Public Procurement Directives, ongoing infringement procedures are still open;

Amendment 4 #

Motion for a resolution
Recital B a (new)

Ba. whereas, nevertheless, efforts to promote and provide information on the public right to petition the European Parliament remain vital at national level, so as to awaken public interest and, in particular, prevent confusion over the various complaints procedures,

Amendment 40 #

Motion for a resolution
Paragraph 19

19. Notes also the ~~serious~~ criticisms raised by the Committee on Petitions following its fact- finding visit to the Loiret, in France1, in 2007, and in particular ~~urge~~requests the French authorities to act decisively to ensure compliance with EU Directives which risk being infringed should certain planned projects for the construction of bridges over the River Loire be allowed to go ahead, bearing in mind that the Loire 1 DT 699755. Valley is not only protected under the terms of the Habitats Directive and the Birds Directive but is also a UNESCO World Heritage Site ~~and Europe's last remaining wild river system~~;

Amendment 41 #

Motion for a resolution
Paragraph 20

20. Expresses its ongoing concern about the lack of implementation of the provisions of the Drinking Water Directive in Ireland, ~~which contributed to the serious pollution of dr~~the lack of an assessment carried out for a 2007 decision to remove a national monument situated at Lismullink in~~g water in Galway in particular and in other counties, to the lack of respect for the Irish heritage site of Tara in Lismullen whi~~ the path of the M3 motorway project near Tara in County Meath - leading to the Commission's decision to refer Ireland to the European Court of Justice on the grounds that Ireland's wider approach to the removal of national monuments in circumstances, such ias ~~severely endangered by the current route chosen for the M3motorway~~those at Lismullin, does not fully respect the requirements of Directive 85/337/EEC, to the problems faced by local communities in Limerick, and to other issues raised in the report of the fact- finding visit to Ireland3 conducted by the Committee on Petitions in 2007; notes that some of these issues are the subject of ongoing infringement procedures;

Amendment 42 #

Carlos ITURGAIZ

Motion for a resolution
Paragraph 22

22. Notes the fact-finding visit to Cyprus in November 2007 by the Chairman and members of the Committee on Petitions; urges the ~~authori~~parties concerned to continue with their efforts to reach a negotiated solution to the outstanding issues of concern to petitioners, notably as regards the sealed- off section of Famagusta which should be returned to its rightful owners ~~as part of a comprehensive settlement~~;

Amendment 43 #

Motion for a resolution
Paragraph 22

22. Notes the fact-finding visit to Cyprus in November 2007 by the Chairman and members of the Committee on Petitions; urges the authorities concerned to continue with their efforts to reach a negotiated solution to the outstanding issues of concern to petitioners, notably as regards the sealed-off section of Famagusta which should be returned to its rightful owners as part of a comprehensive settlement and welcomes the fact that the two sides are continuing talks in a new framework to resolve the property issue;

Amendment 44 #

Motion for a resolution
Paragraph 22 a (new)

22a. Voices its concern over the procedures followed for drawing up the working document after the visit to Cyprus and calls on the secretariat of the Committee on Petitions to follow the Committee's internal rules of procedure in order to avoid irregularities which might alter the substance of the Committee on Petitions' actions;

Amendment 45 #

Motion for a resolution
Paragraph 23

23. Notes the growing number of petitions and letters received by the Committee on Petitions concerning the most sensitive matter of child custody, on which it is extremely difficult to take action ~~because of the often contradictory personal interests involved~~, as for instance on petitions with regard to the German Jugendamt, because of the involvement of the courts in many cases, and because of the fact that – except in cases of parents from different EU countries – it is difficult to claim competence for the EU as such; notes however that in Germany, according to petitioners, there may be problems with the Jugendamt system in certain local areas, both systemically and in relation to many individual cases, and asks the German Federal authorities to ensure that the fundamental rights of all EU citizens are properly protected;

Amendment 46 #

Marie PANAYOTOPOULOS-CASSIOTOU

Motion for a resolution
Paragraph 25

25. Also records the fact that, in Greece, the customs authorities continue to confiscate the cars of Greek nationals who are living abroad and who return to Greece on holiday with foreign number plates on their vehicles, many of whom have been unjustly accused of smuggling and have not had their case duly processed, as previously reported by the Committee to Parliament; urges the Greek authorities to issue clear instructions and guidelines to the Customs Service which fully respect the principle of the free movement of goods and persons within the EU and to provide compensatory payments to the petitioners who have been victims of this practice;deleted

Amendment 47 #

Motion for a resolution
Paragraph 25

Amendment 48 #

Marie PANAYOTOPOULOS-CASSIOTOU

Motion for a resolution
Paragraph 25 a (new)

25a. Expresses its satisfaction concerning the Decision of the European Court of Justice C-156/04 (07.06.2007), that declares unfounded the complaints submitted to the Petitions Committee against the Greek authorities, and welcomes the adaptation of the Greek legislation to the "acquis communautaire" concerning this field;

Amendment 49 #

Motion for a resolution
Paragraph 25 a (new)

25a. Notes that the Greek authorities have already complied with the principle of the free movement of persons and vehicles within the EU and that, therefore, isolated instances of cars being confiscated should be investigated in all Member States of the EU;

Amendment 5 #

Marie-Hélène DESCAMPS, Margie SUDRE

Motion for a resolution
Recital E a (new)

Ea. whereas management perceived as inadequate by petitioners may lead to sentiments of frustration and disaffection towards EU institutions,

Amendment 50 #

Motion for a resolution
Paragraph 27

~~27.~~ Records that the petitions considered by the Committee on Petitions in 2007 included – although it was originally tabled in 2006 – the so-called "One Seat" petition, which was supported by 1.25 million EU citizens and which called for a single seat for the European Parliament, to be located in Brussels; notes that in October 2007 the President referred the petition back to the Committee, which subsequently called for Parliament to give its opinion on this question, bearing in mind that the seat of the institution is governed by the provisions of the Treaty and that the Member States have the responsibility for taking a decision on this matter; ~~consequently agrees with the petitioners that Parliament should have a single seat in Brussels, and urges the Member States to agree to this and to set a timetable for this to be brought about;~~

Amendment 6 #

Motion for a resolution
Recital F

F. whereas the existing Treaties already contain commitments to respect, as core principles of European society, human dignity, freedom, democracy, the rule of law, human rights, equality and the rights of minorities, and whereas the new Treaties on the European Union and on the Functioning of the European Union will, if ratified by all 27 Member States, further strengthen this by incorporating the Charter of Fundamental Rights, providing for the accession of the Union to the European Convention on Human Rights, and introducing a legal basis for citizens' legislative initiatives, as well as a proper system of administrative law for the European institutions,

Amendment 7 #

Motion for a resolution
Recital G

G. whereas Article 7 of the Treaty on the European Union as amended by the Treaty of Lisbon, if ratified by all 27 Members States, lays down procedures whereby the Union can take action to counter serious and persistent breaches by a Member State of the principles on which the Union is founded, as laid down in Article 6 of that Treaty,

Amendment 8 #

Motion for a resolution
Recital I

I. whereas the Committee on Petitions, as the responsible committee, has a duty not only to respond to individual petitions but also to seek to provide viable solutions to the concerns expressed by petitioners within an adequate time frame, and whereas this constitutes the main objective of its work,

Amendment 9 #