11.12.2012   

EN

Official Journal of the European Union

CE 380/39

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having regard to Articles 2, 3, 6 and 21 of the Treaty on European Union,

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having regard to Articles 7, 9, 145-161, 206-209 and 215 of the Treaty on the Functioning of the European Union (TFEU),

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having regard to Articles 5, 12, 14, 15, 16, 21, 23, 26, 27, 28, 29, 31, 32, 33, 34 and 36 of the Charter of Fundamental Rights of the European Union,

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having regard to the Universal Declaration of Human Rights (1948) and other United Nations instruments in the field of human rights, in particular the Covenants on Civil and Political Rights (1966) and on Economic, Social and Cultural Rights (1966), the Convention on the Elimination of All Forms of Racial Discrimination (1965), the Convention on the Elimination of all Forms of Discrimination against Women (1979), the Convention on the Rights of the Child (1989), the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) and the Convention on the Rights of Persons with Disabilities (2006) (1),

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having regard to the United Nations ‘Protect, Respect and Remedy’ Framework for business and human rights proposed by the Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises, Professor John Ruggie, endorsed unanimously by the UN Human Rights Council in 2008 (resolution 8/7), the recently released guiding principles for implementing the framework (2) and the Foreign Affairs Council conclusions of 8 December 2009 which note the important role of business in achieving full respect for human rights and reiterate the Council’s full support for the work of the UN Special Representative (3),

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having regard to the last report by John Ruggie, the Special Representative of the Secretary-General of the United Nations, on the issue of human rights and transnational corporations and other business enterprises (2),

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having regard to the European Social Charter, in particular Articles 5, 6 and 19 thereof (4),

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having regard to the European Convention on the Legal Status of Migrant Workers (5),

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having regard to the conventions of the International Labour Organisation, in particular the eight fundamental conventions on freedom of association and the effective recognition of the right to collective bargaining (Conventions Nos 87 and 98), on the elimination of all forms of forced or compulsory labour (Conventions Nos 29 and 105), on the elimination of discrimination in respect of employment and occupation (Conventions Nos 100 and 111) and on the effective abolition of child labour (Conventions Nos 138 and 182) (6),

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having regard also to the ILO conventions on labour clauses (public contracts) (Convention No 94) and on collective bargaining (Convention No 154) (7),

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having regard to the ILO’s Decent Work Agenda and Global Jobs Pact, adopted by a worldwide consensus on 19 June 2009 at the International Labour Conference (8),

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having regard to the Declaration on Social Justice for a Fair Globalisation adopted by consensus of the 183 Member States of the ILO on 10 June 2008 (9),

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having regard to the Marrakesh Agreement Establishing the World Trade Organization (WTO) (10), and the Declaration adopted at the fourth ministerial conference held in November 2001 in Doha, in particular Paragraph 31 (11),

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having regard to the General Agreement on Trades in Services, in particular Article 1(2)(d) thereof, the so-called MODE 4 (12),

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having regard to the report of the World Commission on the Social Dimension of Globalisation ‘A Fair Globalisation: Creating Opportunities For All’ (13),

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having regard to the ‘Leaders’ Statement’ of the G20 summit held in Pittsburgh on 24-25 September 2009 (14),

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having regard to the most recent updates on OECD Guidelines for Multinational Enterprises (15),

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having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (16) as well as amending Regulation (EC) No 546/2009,

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having regard to Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (17) (the PWD),

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having regard to its resolution of 20 September 1996 on the Commission communication on the inclusion of respect for democratic principles and human rights in agreements between the Community and third countries (18) and its resolution of 14 February 2006 on the human rights and democracy clause in European Union agreements (19),

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having regard to its resolution of 25 October 2001 on openness and democracy in international trade (20), calling for the WTO to respect the fundamental social standards of the International Labour Organisation (ILO), and the EU’s acceptance of the ILO’s decisions, including any calls for sanctions in connection with serious breaches of fundamental social standards,

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having regard to its resolution of 23 May 2007 on promoting decent work for all (21), calling for the promotion of decent work through inclusion of social standards in EU trade agreements, particularly bilateral agreements,

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having regard to its resolution of 15 November 2005 on the social dimension of globalisation (22),

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having regard to its resolution of 5 July 2005 on the exploitation of children in developing countries, with a special focus on child labour (23),

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having regard to its resolution of 6 July 2006 on fair trade and development (24),

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having regard to its resolution of 22 May 2007 on ‘Global Europe - external aspects of competitiveness’ (25) in response to the Communication from the Commission to the Council and the European Parliament entitled ‘Global Europe: Competing in the World. A contribution to the EU’s Growth and Jobs Strategy’ (COM(2006)0567),

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having regard to its resolutions of 30 May 2002 on the Commission Green Paper on promoting a European framework for corporate social responsibility (26) and of 15 January 1999 on EU standards for European enterprises operating in developing countries: towards a European Code of Conduct (27),

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having regard to its resolution of 13 March 2007 on corporate social responsibility: a new partnership (28),

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having regard to its resolution of 25 November 2010 on corporate social responsibility in international trade agreements (29),

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having regard to its resolutions on economic partnership agreements with ACP regions and countries, and particularly those of 26 September 2002 (30), 23 May 2007 (31) and 12 December 2007 (32),

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having regard to the Council conclusions of 14 June 2010 on child labour (33),

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having regard to the European Council conclusions of 16 September 2010 on ‘A changing world: a challenge for the EU’ (34),

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having regard to the Commission Communication entitled ‘The Social Dimension of Globalisation - the EU’s policy contribution on extending the benefits to all’ (COM(2004)0383),

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having regard to the renewed European Social Agenda of 2 July 2008 (COM(2008)0412),

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having regard to the Commission Communication entitled ‘Promoting decent work for all – the EU contribution to the implementation of the decent work agenda in the world’ (COM(2006)0249),

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having regard to the public consultation on disclosure of non-financial information by companies launched by DG Internal Market and Services, the Financial Reporting Unit (35),

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having regard to the Commission Communication entitled ‘Trade, Growth and World Affairs: Trade Policy as a core component of the EU’s 2020 strategy’ (COM(2010)0612),

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having regard to the generalised system of preferences (GSP), in force since 1 January 2009, which grants duty-free access or a tariff reduction for an increased number of products and also includes a new incentive for vulnerable countries faced with specific trade, financial or development needs (36),

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having regard to all of the agreements between the European Union and non-member states,

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having regard in particular to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States (ACP) and the European Union, signed in Cotonou on 23 June 2000, and its revisions in 2005 and 2010 (37),

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having regard in particular to the conclusion of the negotiations between the EU, Colombia and Peru on signature of a Multi-Party Trade Agreement (38),

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having regard to the hearing on ‘Application of Social and Environmental Standards in Trade Negotiations’ which Parliament held on 14 January 2010,

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having regard to Rule 48 of its Rules of Procedure,

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having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Development and the Committee on International Trade (A7-0172/2011),

A.

whereas the EU’s high standards for social protection and human rights protection are decisive requisites of the European Union when negotiating on trade relations with non-member states,

B.

whereas the protection of economic and social rights is an obligation for all Member States and all other States arising from the Universal Declaration of Human Rights of the United Nations, and whereas this includes the right of everyone to form and to join trade unions for the protection of his or her interests,

C.

whereas the core ILO conventions are recognised internationally as a basis for fair international trade and whereas, regrettably, not all Member States totally respect them,

D.

whereas it is in the interest of the Union to conclude bilateral trade agreements for the profit of the Union and the trading partners as long as both sides respect the rights enshrined in the Universal Declaration of Human Rights,

E.

whereas the attitude of all Member States has clearly to reflect the principles of the European social model when social questions and cooperation among the Member States based on the open method of coordination are at stake,

F.

whereas democracy and the rule of law require strong and free trade unions, workers’ associations and social movements, and whereas these can only exist in a democratic community where the separation of powers prevails,

G.

whereas some developing countries say that they are under pressure to give up their comparative advantage when the Union requests compliance with international labour standards,

H.

whereas the 2008 ILO Declaration on Social Justice for a Fair Globalisation, adopted by consensus of the 183 ILO Members, states that the violation of fundamental principles and rights at work cannot be invoked or otherwise used as a legitimate comparative advantage and that labour standards should not be used for protectionist trade purposes,

I.

whereas some non-member countries attempt to enforce MODE4 (39) when negotiating trade agreements with the EU,

J.

whereas many businesses shoulder their corporate social responsibility (CSR) and seek to ensure compliance with social and environmental standards within their sphere of influence, for example by acceding to the UN Global Compact or participating in voluntary industry initiatives,

K.

whereas the principles underpinning CSR, which are fully recognised at international level, whether by the OECD, the ILO or the United Nations, concern the responsible behaviour expected of undertakings and presuppose, first of all, compliance with the legislation in force, in particular in the areas of employment, labour relations, human rights, the environment, consumer interests, transparency vis-à-vis consumers and the fight against corruption;

L.

whereas the adoption of a recommendation on CSR and encouraging its respect should be a reality at EU level,

M.

whereas globalisation facilitates workers’ mobility between Member States and to non-member countries,

N.

whereas the role of the ILO in setting new standards is not respected, despite the involvement of the ILO in the G20, the global recognition of the Decent Work Agenda and the inclusion of employment and decent work in Millennium Development Goal No 1,

O.

whereas unconditional respect for the right of association and effective collective bargaining should be recalled,

P.

whereas the Decent Work Agenda should be promoted,

Q.

whereas it is extremely important to prevent all sorts of wage discrimination, according to the principle of the right to equal pay for equal work claimed in Article 23 of the Universal Declaration of Human Rights,

R.

whereas the mid-term evaluation of the EU’s generalised system of preferences (GSP) (40) shows that the GSP+ trade regime, which requires that the beneficiary countries ratify and effectively implement specified international conventions in the fields of human rights, core labour standards, sustainable development and good governance, had a significant positive effect on gender equality in these countries,

S.

whereas social protection of workers should be promoted,

T.

whereas the ratification and application of ILO conventions classified by the ILO as up to date have to be promoted with a view to achieving a progressively increasing coverage of the four pillars of decent work, which are employment, social protection, social dialogue and rights at work, with a special emphasis placed on the social governance conventions No 81 and No 129 on labour inspection, No 122 on employment policy and No 144 on tripartite consultations,

U.

whereas the European Social Agenda of 2 July 2008 (COM(2008)0412) called for EU Member States to make renewed efforts to ratify and apply ILO conventions classified by the ILO as up to date, with a view to setting an example to partners in the world,

V.

whereas the effective application of international labour standards is negatively affected in many countries by weak labour administrations and social partners’ lack of capacity,

W.

whereas the ILO’s Global Employment Trends 2011 estimates that in 2009, globally, 50,1 % of all workers, i.e. 1,53 billion, were in vulnerable employment (41) and whereas the financial and economic crisis has stopped and reversed the drop in vulnerable employment as recorded before 2008,

X.

whereas the ILO’s World Social Security Report 2010 states that over 50 % of all workers have no social protection and whereas there is renewed interest in extending social protection coverage including the promotion of the social security systems,

1.

Recalls that the EU aims to become the leading entity in the world as regards social policy by promoting social objectives globally; emphasises the important role of the European Parliament originating from the Lisbon Treaty, which strengthens its influence significantly;

2.

Recalls also that, when perusing Community policies and objectives, the horizontal social clause of Article 9 TFEU has to be taken into account, for example regarding Article 46, Article 49 TFEU or EU trade policy, the Community cannot ignore general interest requirements (42);

3.

Recalls further that Article 7 TFEU requires consistency of EU policy and that the legislator has to take into account all of the EU’s objectives and has to act in accordance with the principle of conferral of powers, meaning that it has to strike the correct balance between the various objectives and/or interests when adopting an act with a specific legal basis (43);

4.

Urges Member States to comply with the core ILO conventions, especially as regards the abolition of barriers to freedom of association and collective bargaining created by encouraging bogus self-employment or forcing individuals to renounce collective agreements;

5.

Calls on parties to Free Trade Agreements (FTAs) to commit themselves, in accordance with the obligations deriving from membership of the ILO and the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th Session in 1998, to respecting, promoting and realising, in their laws and practices, the principles concerning fundamental rights, namely:

6.

Recalls that the EU is seen, on a worldwide basis, as a magnet and an attractive partner because of the unique combination of economic dynamism with a social model;

7.

Emphasises that the European social model offers equal opportunities in education, training and the labour market as well as equal access to social services as major pillars of economic success;

8.

Considers that failure to comply with basic international social standards constitutes a form of social and environmental dumping detrimental to European enterprises and workers;

9.

Asks the Commission and the Member States to cooperate with international organisations on improving the social dimension of globalisation, having as reference the European social model;

10.

Stresses the importance of coherent action on social protection inside and outside the Union;

11.

Suggests developing a dialogue with all interested parties stressing the importance of social issues and focusing on the implementation and enforcement of pragmatic and sustainable solutions; stresses in this respect the importance of raising the awareness of the social partners concerning their rights and obligations;

12.

Considers it necessary to enhance the role of the relevant international institutions (particularly the ILO, WTO, OECD and the United Nations) and seek their cooperation in the development, implementation and promotion of basic international social standards and corresponding penalties;

13.

Advocates that the Union refrains from trade agreements with countries which do not respect human rights and core labour standards;

14.

Supports the creation of tools for a sustainable dialogue with partner countries that is based on mutual respect, seeks the development of partner countries’ – especially developing countries’ – own resources and enables them to develop economic sectors with care;

15.

Calls also on the Commission, during the negotiations, to adapt the level of its requirements to the degree of development of each partner country; proposes in this context that the Commission draws up a list of additional standards, which should be introduced gradually and flexibly, taking account of the economic, social and environmental situation of the partner concerned;

16.

Considers that, both in the territory of the partner country and in the Member States, the implementation of these basic standards should be subject to continuous monitoring by independent bodies and that their non-enforcement or infringement, established on the basis of predetermined criteria, should be penalised by means of effective and transparent procedures;

17.

Considers that these standards should be applied in full and that neither free zones nor host country agreements can be used to escape them;

18.

Asks the Commission and the Member States to cooperate with the partner countries to fight gender discrimination and all forms of violence against women and make gender equality a reality inside and outside the Union in accordance with the principles of the Millennium Development Goals and the Beijing Platform for Action; calls in this respect on the Commission and the Member States to implement measures that will significantly consolidate the juridical and social position of women to harness their potential contribution to economic and social development;

19.

Welcomes the promotion of gender equality in the developing countries and territories by means of the current and future GSP trade agreements; requests that the ratification and effective implementation of international conventions on gender equality shall be prerequisites in all external trade and economic partnership agreements;

20.

Calls furthermore on the Commission and the Member States to cooperate with each other and with the partner countries to protect vulnerable groups and to fight not only gender discrimination but also discrimination on grounds of racial or ethnic origin, religion or belief, disability, age and sexual orientation; draws particular attention to people who face multiple discrimination and disadvantages in order to tackle the root causes of poverty;

21.

Calls on the Commission and the Member States to make the elimination of child labour and respect for children’s rights a priority in trade agreements, dialogues with other countries and in development cooperation and notes that the private sector has a key role to play in respecting children’s rights; takes the view that measures to combat child labour should include the creation of decent jobs for adults while enabling children to receive a suitable education; asks furthermore for an EU child labour hotline to be set up where citizens can report all companies that make use of child labour anywhere in the world; considers that this hotline should have a small but sufficient capacity enabling it to publish an annual report on its findings;

22.

Emphasises that the Union’s expenditure in the context of development cooperation, association or stability agreements and trade agreements brings about unique chances to assist the partner countries in putting in place viable education, vocational training, labour market institutions and a social protection floor for greater social and economic security and, consequently, greater welfare;

23.

Insists that the Commission and the Member States, in the context of development cooperation and external assistance, support the implementation of decent work programmes that reflect national needs and priorities regarding employment and social policy and are based on a tripartite agreement (employers, workers, governments); asks further the Commission and the Member States to better integrate social and employment objectives in economic and trade sectors under development cooperation and external assistance;

24.

Asks the Commission and the Member States to cooperate with partner countries in improving the quality of the skills of citizens, skills that are relevant to new jobs and employment, as a catalyst for stability, prosperity, inclusive societies and good governance, especially in the EU neighbourhood;

25.

Calls for the creation of social attachés in the new External Action Service to increase its efficiency in the area of social policy and, in particular, to ensure that decent work for all is implemented as a central policy objective;

26.

Recognises that, although the international trend on bilateral trade agreements is gradually moving towards a greater acceptance of labour and social standards linked to trade agendas, FTAs still generally contain few references to social standards; regrets that the EU does not have a homogenous formula for a ‘social clause’ to be inserted in all bilateral trade agreements; urges the EU to incorporate a social clause in line with other internationally agreed and recognised standards (i.e. ILO core labour standards) into all EU external trade agreements, including those coming within the ambit of the WTO;

27.

Recalls that the existing practices of the WTO need to be made equally beneficial for both developing and developed countries;

28.

Recalls that the competition policy and social policy must be combined and stresses that the European social model shall under no circumstances be weakened in favour of competitiveness and alleged economic advantages; reiterates that the European social model needs to be an example for workers protection in developing countries;

29.

Recalls that the EU has set itself the objective of not only becoming a pole of excellence on corporate social responsibility but also of promoting CSR in its external policies; acknowledges the Commission’s efforts in promoting CSR best practices among European companies operating abroad, but stresses that it should take better account of the importance of certifications and labels that demonstrate the compliance of enterprises with CSR principles;

30.

Takes the view that CSR is a useful and non-binding form of commitment on the part of multinational companies; recommends, further, targeted promotion of CSR through, inter alia, the ISO 26000 Standard, the UN Global Compact or the OECD Guidelines for Multinational Enterprises, and by linking CSR to wider initiatives promoting decent work in a sector, in communities, at country and regional level such as the ILO Better Work and SCORE programme involving workers, employers, authorities and other relevant stakeholders;

31.

Stresses that no directive regulating CSR and enforcing respect for it should be adopted at EU level;

32.

Believes that the Commission should, in its future communication on the internationalisation of SMEs’ activities, propose measures that help support and promote SME initiatives in the field of CSR which respect the ‘think small first’ principle and take account of their specific circumstances;

33.

Calls on the Commission and the Member States to seek to ensure that the OECD Guidelines on Multinational Enterprise are strengthened in their current update, maintaining and enhancing their application to ‘specific instances’ and introducing best practice for ‘National Contact Points’ (NCPs), including a review of how the European Union could better undertake its obligations on NCP through the European External Action Service’s delegations;

34.

Points out that CSR should address new areas such as the organisation of work, equal opportunities and social inclusion, anti-discrimination measures, the development of lifelong education and training; emphasises that CSR should cover, for example, quality of work, equal pay and career prospects and the promotion of innovative projects so as to assist the shift towards a sustainable economy;

35.

Requests the Commission and the Member States to encourage business enterprises domiciled in the EU to respect human rights, including economic and social rights, and the environment throughout their global operations, in particular those conducted by their subsidiaries and other related legal entities;

36.

Stresses that compliance with strict environmental standards by businesses from the EU in third countries should be regarded as just as important as respect for the rights of employees, as damage to the environment almost always also jeopardises the health of employees, destroys farmland, fishing grounds and other economic resources, and thus deprives many people of the basis for their subsistence;

37.

Emphasises that, given the size of their share of international trade, European companies and their subsidiaries and subcontractors play a key role in the promotion and dissemination of social and labour standards worldwide, and that they should therefore act in accordance with European values and internationally recognised standards; considers that it would be right and proper for European enterprises which relocate their production to countries with less stringent social obligations to be held liable, including before European courts, for any damage and negative externalities affecting local populations;

38.

Calls on the Commission to introduce amendments to its Proposal for a Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (2010/0383 (COD)) to enable claimants to sue a subsidiary domiciled in a third country, together with the European parent corporation, through the creation of additional grounds of jurisdiction;

39.

Calls on the Commission to advocate the incorporation of a CSR dimension into multilateral trade policies, both in the international forums which have supported the concept of CSR, in particular the OECD and the ILO, and in the WTO in the post-Doha context;

40.

Calls on the Commission to systematically include a chapter on sustainable development, containing a legally binding CSR clause, in the free trade and investment agreements it negotiates with third countries;

41.

Proposes that this CSR clause cover compliance with the ILO’s eight core conventions and four priority conventions and also provide incentives for enterprises to enter into CSR commitments and an obligation of diligence for enterprises and groups of enterprises, i.e. an obligation to take proactive measures to identify and prevent any violation of human or environmental rights, corruption or tax evasion, including in their subsidiaries and supply chains (i.e. their sphere of influence);

42.

Calls upon all Member States to respect and promote the core labour standards of the ILO, to comply with the agreements signed to date in the social field and to apply in practice the principles therein relating to workers’ rights;

43.

Stresses that repeated infringements of core labour standards have been reported in several countries with GSP-Plus status, but which did not however lead to the suspension of preferences; considers that the failure to enforce conditionality undermines the EU’s ambition to promote social policy and core labour standards globally and goes against the principle of policy coherence development;

44.

Welcomes the ILO’s international labour standards supervisory system, which is unique at international level and helps to ensure that countries implement the conventions they ratify; stresses that, in the event of a problem, the ILO should assist countries through social dialogue and technical assistance;

45.

Calls upon the Commission to promote closer cooperation by the WTO with the ILO, making it possible for the ILO to submit expert reports to the WTO during trade disputes, in order to achieve labour standards and decent work mainstreaming in WTO activities and prevent the jeopardising of social development;

46.

Is of the opinion that Union policies should focus on individuals as well as on institutions in regard to human capital development and labour market reforms;

47.

Expresses concern over the practice of some non-member countries using the MODE4 process for their trade activities; calls rather upon the Commission and the Member States to aim to structure international migration in a way that will avoid exploitation and brain drains;

48.

Supports initiatives that enhance the development of social partner dialogue and cooperation within the partner countries and transnationally and asks the Commission to further develop the existing programmes, focusing on those aiming at empowering social partners’ institutional capacity for policy development and implementation;

49.

Advocates the implementation of freedom of association for trade unions and the right to bargain collectively without exemption in order to enforce, improve and defend decent work conditions;

50.

Recalls the EU guidelines on various human rights issues, which represent a strong political signal that these are priorities for the Union; asks the Council therefore to adopt similar guidelines based on the eight core ILO conventions, to be used as a pragmatic instrument of the EU that helps to better advance the Union’s external social policy; reiterates that respect for international human rights law remains a binding obligation on all companies according to the Universal Declaration;

51.

Asks the Commission and the Member States for the development of a proactive approach to address the social consequences of adjustments and restructuring related to globalisation;

52.

Welcomes the organisation of G20 meetings at the level of social ministers, and calls for the Commission to take an active part in them; regrets that, in general, the follow-up at EU level remains unsatisfactory;

53.

Asks the Commission and the Member States to integrate employment, social and environmental policies, including gender equality aspects, into all negotiations on global economic governance structures and macro-economic dialogues;

54.

Calls on the Commission and the Member States to encourage good governance in the financial, tax and judicial areas, as a way of enhancing the social dimension of globalisation;

55.

Requests from the Commission a recommendation to EU Member States in favour of the implementation and ratification of ILO conventions classified by the ILO as up to date, in order to improve workers’ rights and working conditions within the Union and in the partner countries, aiming at a fair and inclusive globalisation through greater coherence in the external dimension of Member States’ economic and social policy; asks the Commission in the same sense to encourage the Member States to conduct regular reviews to examine the implications of economic, financial and trade policies;

56.

Considers that the proliferation of international regulators creates urgent issues relating to the consistency and effectiveness of the international legal order, particularly as regards the protection of workers’ rights and fundamental rights;

57.

Proposes that the redefinition of global governance should be geared to greater integration of regulatory bodies into the legal order of the United Nations and greater respect for the principles espoused by its specialised agencies, particularly the ILO and WHO;

58.

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