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MINUTES

(2004/C 97 E/04)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Charlotte CEDERSCHIÖLD

Vice-President

1.   Opening of sitting

The sitting opened at 10.00.

2.   Documents received

The following documents had been received:

3.   Nuclear disarmament (tabling of motions for resolution)

The debate took place on Wednesday 11 February 2004 (Minutes of 11.2.2004, Item 3).

Motions for resolution to wind up the debate pursuant to Rule 42(5):

4.   Afghanistan (debate)

Report on Afghanistan: challenges and prospects [2003/2121(INI)] — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy. Rapporteur: André Brie (A5-0035/2004).

André Brie introduced the report.

Christopher Patten (Member of the Commission) spoke.

The following spoke: Sabine Zissener (draftsman of the opinion of the FEMM Committee), Marielle De Sarnez, on behalf of the PPE-DE Group, Jacques F. Poos, on behalf of the PSE Group, Joan Vallvé, on behalf of the ELDR Group, Geneviève Fraisse, on behalf of the GUE/NGL Group, Joost Lagendijk, on behalf of the Verts/ALE Group, Bastiaan Belder, on behalf of the EDD Group, Elmar Brok, Olga Zrihen, Nicholson of Winterbourne, Ioannis Patakis, Nelly Maes, Ulla Margrethe Sandbæk, Charles Tannock, Catherine Stihler, Per Gahrton and Ursula Stenzel.

IN THE CHAIR: Joan COLOM I NAVAL

Vice-President

The following spoke: Glyn Ford, Lennart Sacrédeus and Nirj Deva.

The debate closed.

Vote: Item 7.9.

5.   Reinvigorating EU actions on human rights and democratisation with Mediterranean partners (statement followed by debate)

Commission statement: Reinvigorating EU actions on human rights and democratisation with Mediterranean partners.

Christopher Patten (Member of the Commission) made the statement.

The following spoke: Elmar Brok, on behalf of the PPE-DE Group, Pasqualina Napoletano, on behalf of the PSE Group, Bob van den Bos, on behalf of the ELDR Group, Hélène Flautre, on behalf of the Verts/ALE Group, Philip Claeys, Non-attached Member, Edward H.C. McMillan-Scott, Raimon Obiols i Germà, Miquel Mayol i Raynal, Emma Bonino, Lennart Sacrédeus, Alexandros Baltas, Anna Karamanou and Christopher Patten.

Motions for resolution to wind up the debate pursuant to Rule 37(2):

The debate closed.

Vote: Item 7.10.

IN THE CHAIR: Guido PODESTÀ

Vice-President

On the basis of Rule 9a, Glyn Ford referred to a decision taken that morning by the STOA Management Committee to suppress a scientific report on inedibles and asked that the matter be referred to OLAF (The President undertook to forward his request to the President of Parliament).

6.   Deadline for tabling of amendments

Council and Commission statements on the spring European Council (25 February 2004 Brussels):

The tabling deadlines had been extended as follows:

motions for resolution: 16 February 2004 at 12.00

joint motions for resolution and amendments: 19 February 2004 at 12.00.

7.   Voting time

Details of voting (amendments, separate and split votes, etc.) appear in Annex 1 to the Minutes.

7.1.   MEDIA-Training 2001 — 2005 ***I (Rule 110a) (vote)

Report on the proposal for a European Parliament and Council decision modifying Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001 on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA-Training) (2001-2005) [COM(2003) 188 — C5-0176/2003 — 2003/0064(COD)] — Committee on Culture, Youth, Education, the Media and Sport. Rapporteur: Gianni Vattimo (A5-0027/2004).

(Simple majority)

(Voting record: Annex 1, Item 1)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0090)

7.2.   MEDIA Plus — Development, Distribution and Promotion ***I (Rule 110a) (vote)

Report on the proposal for a European Parliament and Council decision modifying Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) [COM(2003) 191 — C5-0177/2003 — 2003/0067(COD)] — Committee on Culture, Youth, Education, the Media and Sport. Rapporteur: Walter Veltroni (A5-0028/2004).

(Simple majority)

(Voting record: Annex 1, Item 2)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0091)

7.3.   European Maritime Safety Agency ***I (vote)

Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency [COM(2003) 440 — C5-0393/2003 — 2003/0159(COD)] — Committee on Regional Policy, Transport and Tourism. Rapporteur: Emmanouil Mastorakis (A5-0021/2004).

(Simple majority)

(Voting record: Annex 1, Item 3)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0092)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0092)

7.4.   Intermodal Loading Units ***I (vote)

Report on the proposal for a directive of the European Parliament and of the Council on Intermodal Loading Units [COM(2003) 155 — C5-0167/2003 — 2003/0056(COD)] — Committee on Regional Policy, Transport and Tourism. Rapporteur: Ulrich Stockmann (A5-0016/2004).

(Simple majority)

(Voting record: Annex 1, Item 4)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0093)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0093)

7.5.   International Fund for Compensation for Oil Pollution Damage *** (vote)

Recommendation on the proposal for a Council decision authorising the Member States to sign, ratify or accede to, in the interest of the European Community, the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, and authorising Austria and Luxembourg, in the interest of the European Community, to accede to the underlying instruments [14389/2003 — COM(2003) 534 — C5-0002/2004 — 2003/0209(AVC)] — Committee on Legal Affairs and the Internal Market. Rapporteur: José María Gil-Robles Gil-Delgado (A5-0042/2004).

(Simple majority)

(Voting record: Annex 1, Item 5)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0094)

7.6.   Crisis in the steel sector (vote)

Motions for resolution B5-0076/2004, B5-0089/2004, B5-0090/2004, B5-0091/2004, B5-0092/2004 and B5-0093/2004.

(Simple majority)

(Voting record: Annex 1, Item 6)

MOTION FOR A RESOLUTION RC-B5-0076/2004

(replacing motions for resolution B5-0076/2004, B5-0089/2004, B5-0090/2004, B5-0091/2004, B5-0092/2004 and B5-0093/2004)

tabled by the following Members:

Adopted (P5_TA(2004)0095)

7.7.   Corporate governance and supervision of financial services (the Parmalat case) (vote)

Motions for resolution B5-0053/2004, B5-0054/2004, B5-0055/2004, B5-0056/2004, B5-0057/2004 and B5-0077/2004.

(Simple majority)

(Voting record: Annex 1, Item 7)

MOTION FOR A RESOLUTION RC-B5-0053/2004

(replacing motions for resolution B5-0053/2004, B5-0054/2004, B5-0055/2004, B5-0056/2004, B5-0057/2004 and B5-0077/2004):

tabled by the following Members:

Adopted (P5_TA(2004)0096)

7.8.   Approximating civil procedural law in the Union (vote)

Report on the prospects for approximating civil procedural law in the European Union [(COM(2002) 654 — COM(2002) 746 — C5-0201/2003 — 2003/2087(INI)] — Committee on Legal Affairs and the Internal Market. Rapporteur: Giuseppe Gargani (A5-0041/2004).

(Simple majority)

(Voting record: Annex 1, Item 8)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0097)

7.9.   Afghanistan (vote)

Report on Afghanistan: challenges and prospects [2003/2121(INI)] — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy. Rapporteur: André Brie (A5-0035/2004).

(Simple majority)

(Voting record: Annex 1, Item 9)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0098)

7.10.   Reinvigorating EU actions on human rights and democratisation with Mediterranean partners (vote)

Motion for a resolution B5-0049/2004.

(Simple majority)

(Voting record: Annex 1, Item 10)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0099)

8.   Explanations of vote

Written explanations of vote:

Explanations of vote submitted in writing under Rule 137(3) appear in the verbatim report of proceedings for this sitting.

9.   Corrections to votes

Corrections to votes were submitted by the following Members:

Report Vattimo — A5-0027/2004

10.   Membership of political groups

The PSE Group had informed the President that Hans-Peter Martin was no longer a member of that group.

*

* *

Lissy Gröner asked that the camera of a photographer who had taken pictures from the gallery be withdrawn and the photographs confiscated.

(The sitting, suspended at 12.25, resumed at 15.00.)

IN THE CHAIR: Alonso José PUERTA

Vice-President

11.   Approval of Minutes of previous sitting

The following spoke: Paul Rübig, who pointed out that the report by Hans-Peter Martin on the role of European industrial associations in the definition of Union policy (ITRE Committee) had been withdrawn from the agenda at the request of the rapporteur and against the wishes of the committee responsible, and Johannes (Hannes) Swoboda who spoke in reply.

The Minutes of the previous sitting were approved.

12.   Commission strategy on services of general interest (SGI) (Oral question with debate)

Oral question by Philippe A.R. Herzog, on behalf of the GUE/NGL Group, to the Commission: European Commission's strategy on Services of General Interest (SGI) (B5-0012/2004).

Philippe A.R. Herzog moved the oral question.

Christopher Patten (Member of the Commission) answered the oral question.

The following spoke: Othmar Karas, on behalf of the PPE-DE Group, Johannes (Hannes) Swoboda, on behalf of the PSE Group, Ilda Figueiredo, on behalf of the GUE/NGL Group, Hélène Flautre, on behalf of the Verts/ALE Group, Georges Berthu, Non-attached Member, Werner Langen, Harlem Désir, Paul Rübig, Paulo Casaca and Philippe A.R. Herzog.

The debate closed.

13.   Implementation of Directive 73/239/EEC by the United Kingdom between 1978 and 2001 (Lloyd's) (Oral question with debate)

Oral question by Roy Perry, on behalf of the PPE-DE Group, to the Commission: Implementation of Directive 73/239/EEC by the UK between 1978 and 2001 (B5-0010/2004).

Roy Perry moved the oral question.

Christopher Patten (Member of the Commission) answered the oral question.

The following spoke: Manuel Medina Ortega, on behalf of the PSE Group, Diana Wallis, on behalf of the ELDR Group, and Michael Cashman.

The debate closed.

DEBATE ON CASES OF BREACHES OF HUMAN RIGHTS, DEMOCRACY AND THE RULE OF LAW

(For the titles and authors of the motions for resolution, see Item 3 of the Minutes of Tuesday 10.2.2004)

14.   Elections in Iran (debate)

Motions for resolution B5-0080/2004, B5-0083/2004, B5-0084/2004, B5-0088/2004, B5-0094/2004, B5-0098/2004 and B5-0099/2004.

Michael Gahler, Bob van den Bos and Marie Anne Isler Béguin introduced motions for resolution.

IN THE CHAIR: Gérard ONESTA

Vice-President

Erik Meijer (deputising for the author), Bastiaan Belder and Johannes (Hannes) Swoboda introduced motions for resolution.

The following spoke: Paul Rübig, on behalf of the PPE-DE Group, Anna Karamanou, on behalf of the PSE Group, Ulla Margrethe Sandbæk, on behalf of the EDD Group, Ward Beysen, Non-attached Member, Charles Tannock, Paulo Casaca, Lennart Sacrédeus, Véronique De Keyser and Christopher Patten (Member of the Commission).

The debate closed.

Vote: Item 18.1.

15.   Political assassinations in Cambodia (debate)

Motions for resolution B5-0079/2004, B5-0082/2004, B5-0085/2004, B5-0095/2004 and B5-0097/2004.

Thomas Mann, Karin Junker (deputising for the authors), Graham R. Watson and Marie Anne Isler Béguin introduced motions for resolution.

The following spoke: Bernd Posselt, on behalf of the PPE-DE Group, Olivier Dupuis, Non-attached Member, and Christopher Patten (Member of the Commission).

The debate closed.

Vote: Item 18.2.

16.   Greek seamen held in Karachi (debate)

Motions for resolution B5-0078/2004, B5-0081/2004, B5-0086/2004, B5-0087/2004 and B5-0096/2004.

Konstantinos Hatzidakis, Emmanouil Mastorakis and Ioannis Patakis (all deputising for the authors) introduced motions for resolution.

The following spoke: Thomas Mann and Christopher Patten (Member of the Commission).

The debate closed.

Vote: Item 18.3.

END OF DEBATE ON BREACHES OF HUMAN RIGHTS, DEMOCRACY AND THE RULE OF LAW

17.   Communication of common positions of the Council

The President announced, pursuant to Rule 74(1), that the following common positions had been received from the Council, together with the reasons which had led to their adoption, and the Commission's position on:

The three-month period available to Parliament to adopt its position would therefore begin the following day, 13 February 2004.

18.   Voting time

Details of voting (amendments, separate and split votes, etc.) appear in Annex 1 to the Minutes.

18.1.   Iran (vote)

Motions for resolution B5-0080/2004, B5-0083/2004, B5-0084/2004, B5-0088/2004, B5-0094/2004, B5-0098/2004 and B5-0099/2004.

(Simple majority)

(Voting record: Annex 1, Item 11)

MOTION FOR A RESOLUTION RC-B5-0080/2004

(replacing motions for resolution B5-0080/2004, B5-0083/2004, B5-0084/2004, B5-0088/2004, B5-0094/2004, B5-0098/2004 and B5-0099/2004)

tabled by the following Members:

Adopted (P5_TA(2004)0100)

The following spoke:

Michael Gahler moved an oral amendment to paragraph 5 which was agreed to.

18.2.   Cambodia (vote)

Motions for resolution B5-0079/2004, B5-0082/2004, B5-0085/2004, B5-0095/2004 and B5-0097/2004.

(Simple majority)

(Voting record: Annex 1, Item 12)

MOTION FOR A RESOLUTION RC-B5-0079/2004

(replacing motions for resolution B5-0079/2004, B5-0082/2004, B5-0085/2004, B5-0095/2004 and B5-0097/2004)

tabled by the following Members:

Adopted (P5_TA(2004)0101)

The following spoke:

Johannes (Hannes) Swoboda moved oral amendments to recital D, paragraph 7 and recital F, which were agreed to. Graham R. Watson, on behalf of the ELDR Group, spoke on these oral amendments.

18.3.   Greek and Filipino seamen held in Karachi (vote)

Motions for resolution B5-0078/2004, B5-0081/2004, B5-0086/2004, B5-0087/2004 and B5-0096/2004

(Simple majority)

(Voting record: Annex 1, Item 13)

MOTION FOR A RESOLUTION RC-B5-0078/2004

(replacing motions for resolution B5-0078/2004, B5-0081/2004, B5-0086/2004, B5-0087/2004 and B5-0096/2004)

tabled by the following Members:

Adopted (P5_TA(2004)0102)

The following spoke:

Bernd Posselt moved an oral amendment to the title of the joint motion for a resolution, which was agreed to.

19.   Membership of committees

Parliament took note of the appointment of the following as observers with effect from 9 February 2004 of the following:

AFET Committee:

LIBE Committee:

20.   Referral to committees — Authorisation to draw up own-initiative reports

Cooperation between committees

Rule 162a had been applied to the following reports:

ENVI Committee:

Referral to committees

The FEMM Committee was asked for its opinion on:

Decision to draw up a report, pursuant to Rule 180

AFCO Committee:

Decision to draw up a report, pursuant to Rules 47(2) and 163

ECON Committee:

21.   Written declarations included in the register (Rule 51)

Number of signatures obtained by the written declarations in the register (Rule 51(3)):

22.   Forwarding of texts adopted during the sitting

Pursuant to Rule 148(2), the Minutes of that day's sitting would be submitted to Parliament for its approval at the beginning of the next sitting.

With Parliament's agreement, the texts that had been adopted would be forwarded forthwith to the bodies named therein.

23.   Dates for next sittings

The next sittings would be held on 25 and 26 February 2004.

24.   Adjournment of session

The session of the European Parliament was adjourned.

The sitting closed at 17.10.

Julian Priestley

Secretary-General

Pat Cox

President

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ATTENDANCE REGISTER

The following signed:

Aaltonen, Abitbol, Adam, Ainardi, Almeida Garrett, Andersen, Andersson, Andreasen, André-Léonard, Angelilli, Aparicio Sánchez, Arvidsson, Atkins, Attwooll, Auroi, Avilés Perea, Ayuso González, Balfe, Baltas, Banotti, Barón Crespo, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Belder, Berend, Berenguer Fuster, Berès, van den Berg, Bergaz Conesa, Berger, Berlato, Bernié, Berthu, Beysen, Bigliardo, Blak, Blokland, Böge, Bösch, von Boetticher, Bonde, Bonino, Borghezio, van den Bos, Boumediene-Thiery, Bourlanges, Bouwman, Bowe, Bowis, Bradbourn, Breyer, Brie, Brienza, Brok, Buitenweg, Bullmann, Bushill-Matthews, Busk, Butel, Callanan, Calò, Camisón Asensio, Campos, Camre, Cappato, Cardoso, Carnero González, Casaca, Cashman, Caudron, Cederschiöld, Celli, Cercas, Cerdeira Morterero, Ceyhun, Chichester, Claeys, Cocilovo, Coelho, Cohn-Bendit, Collins, Colom i Naval, Corbett, Corbey, Cornillet, Paolo Costa, Cox, Crowley, Cushnahan, van Dam, Dary, Daul, Davies, Dehousse, De Keyser, Dell'Alba, Della Vedova, De Mita, Deprez, De Rossa, De Sarnez, Descamps, Désir, Deva, De Veyrac, Dhaene, Díez González, Di Lello Finuoli, Dillen, Di Pietro, Doorn, Dover, Doyle, Duff, Duhamel, Duin, Dupuis, Duthu, Dybkjær, Ebner, Echerer, El Khadraoui, Elles, Eriksson, Esclopé, Ettl, Jillian Evans, Jonathan Evans, Robert J.E. Evans, Fatuzzo, Fava, Fernández Martín, Ferrández Lezaun, Ferreira, Ferrer, Ferri, Fiebiger, Figueiredo, Fiori, Flautre, Flesch, Florenz, Ford, Formentini, Foster, Fourtou, Frahm, Fraisse, Frassoni, Friedrich, Fruteau, Gahler, Gahrton, Galeote Quecedo, Garaud, García-Margallo y Marfil, García-Orcoyen Tormo, Garot, Garriga Polledo, Gebhardt, Gill, Gillig, Gil-Robles Gil-Delgado, Glante, Glase, Goebbels, Goepel, Görlach, Gollnisch, Gomolka, Goodwill, Gorostiaga Atxalandabaso, Gouveia, Graça Moura, Gröner, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Guy-Quint, Hänsch, Hager, Hannan, Harbour, Hatzidakis, Haug, Hazan, Heaton-Harris, Hedkvist Petersen, Helmer, Hermange, Hernández Mollar, Herranz García, Herzog, Hieronymi, Honeyball, Hortefeux, Howitt, Hudghton, Hughes, van Hulten, Hume, Hyland, Iivari, Inglewood, Isler Béguin, Izquierdo Collado, Izquierdo Rojo, Jackson, Jarzembowski, Jeggle, Jensen, Jonckheer, Jové Peres, Junker, Karamanou, Karas, Kastler, Katiforis, Keppelhoff-Wiechert, Khanbhai, Kindermann, Klaß, Knolle, Koch, Konrad, Koukiadis, Koulourianos, Krarup, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Krivine, Kronberger, Kuhne, Lage, Lagendijk, Lalumière, Lamassoure, Lang, Lange, Langen, Langenhagen, de La Perriere, Lavarra, Lechner, Leinen, Liese, Linkohr, Lisi, Lucas, Ludford, Lulling, Lund, Lynne, Maat, Maaten, McAvan, McCarthy, McCartin, MacCormick, McMillan-Scott, McNally, Maes, Malliori, Manders, Manisco, Erika Mann, Thomas Mann, Marinho, Marinos, Markov, Marques, Marset Campos, Martens, Hans-Peter Martin, Hugues Martin, Martinez, Martínez Martínez, Mastorakis, Mathieu, Matikainen-Kallström, Mauro, Hans-Peter Mayer, Xaver Mayer, Mayol i Raynal, Medina Ortega, Meijer, Mendiluce Pereiro, Menéndez del Valle, Mennitti, Menrad, Messner, Miguélez Ramos, Miller, Miranda de Lage, Modrow, Monsonís Domingo, Moraes, Morgantini, Müller, Mulder, Murphy, Muscardini, Musotto, Myller, Napoletano, Napolitano, Naranjo Escobar, Nassauer, Newton Dunn, Nicholson, Nicholson of Winterbourne, Niebler, Nisticò, Nobilia, Nordmann, Obiols i Germà, Ojeda Sanz, Ó Neachtain, Onesta, Oomen-Ruijten, Oostlander, Ortuondo Larrea, O'Toole, Paciotti, Pack, Paisley, Pannella, Parish, Pasqua, Pastorelli, Patakis, Patrie, Paulsen, Pérez Álvarez, Pérez Royo, Perry, Pesälä, Pex, Piecyk, Pirker, Piscarreta, Plooij-van Gorsel, Podestà, Poettering, Pohjamo, Poignant, Pomés Ruiz, Poos, Posselt, Prets, Procacci, Pronk, Puerta, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Rapkay, Raymond, Read, Redondo Jiménez, Ribeiro, Ribeiro e Castro, Ries, Riis-Jørgensen, Ripoll y Martínez de Bedoya, Rocard, de Roo, Rothe, Rothley, Roure, Rovsing, Rübig, Rühle, Sacrédeus, Saint-Josse, Sakellariou, Sandberg-Fries, Sandbæk, Sanders-ten Holte, Santer, Santini, dos Santos, Sauquillo Pérez del Arco, Scallon, Scarbonchi, Schaffner, Scheele, Schierhuber, Schleicher, Gerhard Schmid, Herman Schmid, Olle Schmidt, Ilka Schröder, Schroedter, Schulz, Schwaiger, Seppänen, Sichrovsky, Smet, Soares, Sörensen, Sommer, Sornosa Martínez, Souchet, Souladakis, Sousa Pinto, Staes, Stenmarck, Stenzel, Sterckx, Stevenson, Stihler, Stockmann, Stockton, Sturdy, Sudre, Suominen, Swiebel, Swoboda, Sylla, Sørensen, Tajani, Tannock, Terrón i Cusí, Theato, Thomas-Mauro, Thorning-Schmidt, Thyssen, Titford, Titley, Torres Marques, Trakatellis, Tsatsos, Turchi, Turmes, Twinn, Uca, Väyrynen, Vairinhos, Valenciano Martínez-Orozco, Vallvé, Van Hecke, Van Lancker, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, Vidal-Quadras Roca, Villiers, Vinci, Virrankoski, Vlasto, Voggenhuber, Volcic, Wachtmeister, Wallis, Walter, Watson, Watts, Weiler, Wenzel-Perillo, Whitehead, Wieland, Wiersma, von Wogau, Wuermeling, Wuori, Wurtz, Wyn, Wynn, Zabell, Zacharakis, Zissener, Zorba, Zrihen.

Observers

Bagó, Bastys, Biela, Chronowski, Cilevičs, Cybulski, Drzęźla, Falbr, Fazakas, Filipek, Gałażewski, Gruber, Grzebisz-Nowicka, Ilves, Jerzy Jaskiernia, Kiršteins, Kłopotek, Klukowski, Kósáné Kovács, Kowalska, Kriščiūnas, Daniel Kroupa, Kuzmickas, Kvietkauskas, Lepper, Liberadzki, Lisak, Lydeka, Łyżwiński, Maldeikis, Palečkovė, Pasternak, Pęczak, Pieniążek, Plokšto, Pospíšil, Sefzig, Siekierski, Smorawiński, Surján, Szabó, Szczygło, Szent-Iványi, Tomaka, Vaculík, Valys, Vastagh, Vella, Vėsaitė, Wenderlich, Wikiński, Wiśniowska, Wittbrodt, Janusz Czeskaw Wojciechowski, Żenkiewicz, Žiak.

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ANNEX 1

RESULTS OF VOTES

Abbreviations and symbols

1.   MEDIA-Training 2001-2005 ***I

Report: VATTIMO (A5-0027/2004)

Requests for roll-call votes

PPE-DE: single vote

2.   MEDIA Plus — Development, Distribution and Promotion ***I

Report: VELTRONI (A5-0028/2004)

3.   European Maritime Safety Agency ***I

Report: MASTORAKIS (A5-0021/2004)

4.   Intermodal Loading Units ***I

Report: STOCKMANN (A5-0016/2004)

Requests for separate vote

EDD: am 16

5.   International Fund for Compensation for Oil Pollution Damage ***

Report: GIL-ROBLES GIL-DELGADO (A5-0042/2004)

6.   Crisis in the steel sector

Motions for resolutions: B5-0076, 0089, 0090, 0091, 0092 et 0093/2004

Requests for separate vote

ELDR: § 7

Requests for split votes

ELDR

recital E

1st part: text as a whole except the words ‘from which AST Thyssen Krup has benefited’

2nd part: those words

§ 6

1st part: up to ‘social impact’

2nd part: remainder

7.   Corporate governance and supervision of financial services (the Parmalat case)

Motions for resolutions: B5-0053/2004, B5-0054/2004, B5-0055/2004, B5-0056/2004, B5-0057/2004, B5-0077/2004

Requests for split votes

ELDR

am 1

1st part: up to ‘the transparency of oversight’

2nd part: remainder

8.   Approximating civil procedural law in the Union

Report: GARGANI (A5-0041/2004)

9.   Afghanistan

Report: BRIE (A5-0035/2004)

Requests for split votes

PPE-DE

§ 12

1st part: up to ‘provinces’

2nd part: remainder

Other information

The PPE-DE Group had withdrawn its amendment 1D

10.   Reinvigorating EU actions on human rights and democratisation with Mediterranean partners

Motion for a resolution: B5-0049/2004

Requests for separate vote

Verts/ALE: § 11

11.   Elections in Iran

Motions for resolutions: B5-0080/2004, B5-0083/2004, B5-0084/2004, B5-0088/2004, B5-0094/2004, B5-0098/2004, B5-0099/2004

Requests for split votes

PSE

§ 10

1st part: text as a whole apart from the words ‘and the Guardian Council’

2nd part: those words

Mr Gahler had presented an oral amendment to paragraph 5 replacing the words ‘on behalf of the Iranian authorities’ by ‘on the Iranian side’, which was incorporated.

12.   Political assassinations in Cambodia

Motions for resolutions: B5-0079/2004, B5-0082/2004, B5-0085/2004, B5-0095/2004, B5-0097/2004

Requests for roll-call votes

PPE-DE: final vote of the JT MOT

Requests for split votes

ELDR

§ 5

1st part: text as a whole apart from the words ‘and without preconditions’

2nd part: those words

Mr Swoboda had presented oral amendments, on behalf of the PSE Group:

These amendments were incorporated.

13.   Greek seamen held in Karachi

Motions for resolutions: B5-0078/2004, B5-0081/2004, B5-0086/2004, B5-0087/2004, B5-0096/2004

Mr Posselt had presented an oral amendment to the title of the proposal for the joint resolution as follows: ‘Greek and Filipino seamen held in Karachi’. This oral amendment was incorporated.

----

ANNEX II

RESULT OF ROLL-CALL VOTES

Vattimo report A5-0027/2004

Resolution

For: 409

EDD: Abitbol, Bernié, Butel, Esclopé, Saint-Josse

ELDR: Andreasen, André-Léonard, Attwooll, van den Bos, Busk, Calò, Costa Paolo, Davies, Di Pietro, Duff, Dybkjær, Flesch, Formentini, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Sterckx, Väyrynen, Vallvé, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Bergaz Conesa, Brie, Caudron, Dary, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Marset Campos, Meijer, Modrow, Puerta, Ribeiro, Scarbonchi, Schröder Ilka, Uca, Wurtz

NI: Beysen, Gorostiaga Atxalandabaso, Hager, Kronberger, Paisley, Sichrovsky

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Böge, von Boetticher, Bowis, Bradbourn, Bremmer, Brienza, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Doyle, Ebner, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jarzembowski, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klaß, Knolle, Koch, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marinos, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Mennitti, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schwaiger, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zacharakis, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Bösch, Bowe, Bullmann, Campos, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Karamanou, Katiforis, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lange, Lavarra, Lund, McAvan, McCarthy, Malliori, Mann Erika, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paciotti, Patrie, Pérez Royo, Piecyk, Poignant, Poos, Prets, Rapkay, Read, Rocard, Rothe, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Soares, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Angelilli, Berlato, Bigliardo, Collins, Crowley, Hyland, Muscardini, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Thomas-Mauro, Turchi

Verts/ALE: Aaltonen, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Cohn-Bendit, Duthu, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Hudghton, Jonckheer, Lagendijk, Lucas, MacCormick, Maes, Mayol i Raynal, Messner, Onesta, de Roo, Rühle, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 14

EDD: Andersen, Belder, Blokland, Bonde, van Dam, Sandbæk

NI: Berthu, Bonino, Cappato, Della Vedova, Dupuis, de La Perriere, Pannella, Souchet

Abstention: 16

ELDR: Paulsen, Schmidt

GUE/NGL: Blak, Eriksson, Krarup, Patakis, Schmid Herman, Seppänen

NI: Borghezio, Claeys, Dillen, Garaud, Gollnisch, Lang, Martinez

UEN: Camre

RC — B5-0079/2004 — Cambodia

Resolution

For: 71

EDD: Belder, Sandbæk

ELDR: van den Bos, Lynne, Newton Dunn, Watson

GUE/NGL: Caudron, Koulourianos, Markov, Meijer, Puerta

NI: Berthu, Beysen, Gorostiaga Atxalandabaso

PPE-DE: Banotti, Bowis, Camisón Asensio, Chichester, Cushnahan, Daul, Deva, Fourtou, Gahler, Glase, Goepel, Gouveia, Grossetête, Hannan, Hatzidakis, Jeggle, Karas, Keppelhoff-Wiechert, Klaß, Koch, Kratsa-Tsagaropoulou, Mann Thomas, Mayer Hans-Peter, Menrad, Ojeda Sanz, Pérez Álvarez, Perry, Posselt, Purvis, Rübig, Sacrédeus, Sommer, Stenmarck, Tannock, Varela Suanzes-Carpegna, Wieland

PSE: Berenguer Fuster, Cashman, Dehousse, De Keyser, Ettl, Gillig, Izquierdo Collado, Karamanou, Kindermann, Lage, Linkohr, Martin Hans-Peter, Mastorakis, Medina Ortega, Swoboda

Verts/ALE: Auroi, Breyer, Duthu, Isler Béguin, Maes, Onesta

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TEXTS ADOPTED

P5_TA(2004)0090

MEDIA training ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council decision modifying Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001 on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA-Training) (2001-2005) (COM(2003) 188 — C5-0176/2003 — 2003/0064(COD))

(Codecision procedure: first reading)

The European Parliament,

----

(1)  Not yet published in OJ.

P5_TC1-COD(2003)0064

Position of the European Parliament adopted at first reading on 12 February 2004 with a view to the adoption of European Parliament and Council Decision No .../2004/EC modifying Decision No 163/2001/EC on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA-Training) (2001-2005)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 150(4) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and Social Committee (2),

Having regard to the opinion of the Committee of the Regions (3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (4),

Whereas:

HAVE ADOPTED THIS DECISION:

Article 1

Decision No 163/2001/EC is hereby amended as follows:

Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

----

(1)Not yet published in the OJ.

(2)OJ C 10, 14.1.2004, p. 8.

(3)OJ C 23, 27.1.2004, p. 24.

(4)Position of the European Parliament of 12 February 2004.

(5)OJ L 26, 27.1.2001, p. 1.

(6)  OJ L ...

P5_TA(2004)0091

MEDIA plus — Development, Distribution and Promotion ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council decision modifying Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (COM(2003) 191 — C5-0177/2003 — 2003/0067(COD))

(Codecision procedure: first reading)

The European Parliament,

----

(1)  Not yet published in OJ.

P5_TC1-COD(2003)0067

Position of the European Parliament adopted at first reading on 12 February 2004 with a view to the adoption of European Parliament and Council Decision No .../2004/EC modifying Council Decision 2000/821/EC on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2005)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 157(3) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and Social Committee (2),

Having regard to the opinion of the Committee of the Regions (3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (4),

Whereas:

HAVE ADOPTED THIS DECISION:

Article 1

Decision 2000/821/EC is hereby amended as follows:

Article 2

This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

----

(1)Not yet published in the OJ.

(2)OJ C 10, 14.1.2004, p. 8.

(3)OJ C 23, 27.1.2004, p. 24.

(4)Position of the European Parliament of 12 February 2004.

(5)OJ L 336, 30.12.2000, p. 82.

P5_TA(2004)0092

European Maritime Safety Agency ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency (COM(2003) 440 — C5-0393/2003 — 2003/0159(COD))

(Codecision procedure: first reading)

The European Parliament,

----

(1)  Not yet published in OJ.

P5_TC1-COD(2003)0159

Position of the European Parliament adopted at first reading on 12 February 2004 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2004 amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1406/2002 is hereby amended as follows:

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

----

(1)  OJ C ...

(2)  Position of the European Parliament of 12 February 2004.

(3)OJ L 208, 5.8.2002, p. 1. Regulation as amended by Regulation (EC) No 1644/2003 (OJ L 245, 29.9.2003, p. 10).

(4)  OJ L ...

(5)OJ L 332, 28.12.2000, p. 1.

(6)OJ L 297, 15.11.2001, p. 7.

(7)OJ L 326, 13.12.2003, p. 28.

(8)OJ L 332, 28.12.2000, p. 1.

(9)OJ L 297, 15.11.2001, p. 7. ’

(10)  OJ ...

(11)OJ L 157, 7.7.1995, p. 1. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).’

P5_TA(2004)0093

Intermodal Loading Units ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive on intermodal loading units (COM(2003) 155 — C5-0167/2003 — 2003/0056(COD))

(Codecision procedure: first reading)

The European Parliament,

----

(1)  Not yet published in OJ.

P5_TC1-COD(2003)0056

Position of the European Parliament adopted at first reading on 12 February 2004 with a view to the adoption of European Parliament and Council Directive 2004/.../EC on intermodal loading units

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 71(1) and 80(2) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and Social Committee (EESC) (2),

Having regard to the opinion of the Committee of the Regions (3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (4),

Whereas:

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

This Directive lays down essential requirements and provides for the adoption of harmonised standards and specific requirements for interoperability with a view to making the use of new intermodal loading units more efficient and safer, and to creating a European intermodal loading unit. It sets out obligations with regard to conformity assessment and maintenance, as well as procedures for assessing the conformity, and for the periodic inspection, of loading units used in intermodal transport, when these are not covered by the CSC.

Article 2

Scope

1.   This Directive shall apply to:

2.   It also applies to loading units covered in paragraph 1, used exclusively for the transport of goods between Community territory and third-country territory.

3.   Air transport shall be excluded from the scope of this Directive.

Article 3

Definitions

For the purposes of this Directive:

Article 4

Assessment of conformity of intermodal loading units

1.   Before the intermodal loading units and European intermodal loading units are placed on the market, the manufacturer or his authorised representative established within the Community must submit its manufacturing process to one of the conformity assessment procedures described in Annex IV under the conditions defined.

2.   For the purpose of affixing the CE marking on the intermodal loading units, this conformity shall be established by:

3.Paragraph 1 shall not apply to intermodal loading units fulfilling the conditions of Annex II of the CSC, unless the manufacturer or his authorised representative established within the Community applies for such an assessment.

Article 5

Free circulation, restrictions and safeguard clauses

1.   Member States may not, on grounds arising from the implementation of this Directive, prohibit, restrict or impede the placing on the market or putting into service on their territory (including transport, storing, handling and reloading) of intermodal loading units which conform to this Directive and/or, where appropriate, the relevant harmonised standards published in the Official Journal of the European Union pursuant to this Directive and which bear the CE conformity marking, as well as the indication of periodic inspection in accordance with Article 8.

2.   Member States shall presume that intermodal loading units bearing the CE marking and with the EC declaration of conformity provided for in Annex VII are in conformity with the provisions of this Directive.

3.   Where a Member State finds that a unit as referred to in Article 2, which is correctly maintained and used for its intended purpose, is liable to endanger the health and/or safety of persons and, where appropriate, domestic animals or property, during transport and/or use, notwithstanding the fact that it bears a CE marking and an indication of periodic inspection, it may restrict the placing on the market or use of this unit or have it withdrawn from the market or from circulation. It shall forthwith inform the Commission of this measure and indicate the reasons for its decision.

4.   The Commission shall consult the parties concerned as soon as possible. Where it finds, after this consultation, that the measure is warranted, it shall immediately inform all the Member States. If the measure proves to be unwarranted, the Commission shall immediately inform the Member State that referred the matter as well as the manufacturer or his authorised representative established within the Community, the owner or his authorised representative established within the Community or the holder.

5.   Where a unit as referred to in Article 2 proves not to be in conformity, the competent Member State shall take appropriate measures, which may include withdrawing authorisation to carry out the procedures described in Annexes IV and V, against the State which affixed the CE marking or the indication of periodic inspection and shall inform the Commission and the other Member States as soon as possible.

6.   The Commission shall ensure that the Member States are kept informed of the progress and outcome of this procedure.

7.   Where a Member State establishes that the CE marking or the indication of periodic inspection has been affixed unduly, the owner or his authorised representative established within the Community, the manufacturer or his authorised representative established within the Community, or the holder shall be obliged to cease the infringement under the conditions imposed by the Member State.

Should non-conformity persist, the Member State shall take all appropriate measures to restrict or prohibit the placing on the market, transport or use of the units in question or to ensure that it is withdrawn from the market or from circulation.

8.   Any decision taken by a Member State pursuant to this Directive which has the effect of restricting the placing on the market, transport or use of intermodal loading units or requires their withdrawal from the market or from circulation shall state the exact grounds on which it is based. Such a decision shall be notified forthwith to the party concerned, who shall at the same time be informed of the legal remedies available to him under the laws in the Member State concerned and of the time limits to which such remedies are subject.

Article 6

Monitoring relating to intermodal loading units

1.   The Member States shall take all possible measures to ensure that the intermodal units referred to in Article 3(a) and 3(b) cannot be placed on the market or put into service if they compromise the safety and security of persons and, where appropriate, domestic animals or property, when they are properly installed and maintained and used as intended.

2.   The provisions of this Directive shall not affect the ability of the Member States to lay down, in compliance with the provisions of the Treaty, the requirements that they consider necessary to ensure the protection of persons, particularly when handling the units, provided that this does not involve changes being made to these units in relation to the Directive.

3.   At trade fairs, exhibitions, demonstrations, etc., Member States shall not prevent the showing of intermodal loading units as defined in Article 1 which do not conform to the provisions of this Directive, provided that a visible sign clearly indicates that they do not conform and that they are not for sale until they have been brought into conformity by the manufacturer or his authorised representative established within the Community. During demonstrations, adequate safety measures shall be taken, in accordance with the requirements laid down by the competent authority of the Member State concerned, to ensure the protection of persons.

Article 7

Maintenance and periodic inspection

1.   Before the end of the fifth year after the date of manufacture of an intermodal loading unit or a European intermodal loading unit, the manufacturer or his authorised representative established within the Community, the owner or his authorised representative established within the Community or the holder must submit it for the first inspection referred to in Article 3(f) in accordance with one of the procedures referred to in Annex V.

For existing units, the first inspection shall take place before 1 July 2007 or before the end of the fifth year after their manufacture.

Existing or new intermodal loading units circulating in the Community or used for the transport of goods between Community territory and third-country territory shall be subject to periodic inspections at intervals not exceeding 30 months.

2.   The owner, his authorised representative established within the Community or the holder of the intermodal loading unit shall be responsible for maintaining it in a safe condition.

3.   The deadline (month and year) for the next periodic inspection of the intermodal loading unit shall be clearly marked on the unit in a legible and indelible manner.

4.   The intermodal loading units may be subjected to periodic inspection in any Member State in accordance with the procedures set out in Annex V to this Directive.

5.Paragraphs 1, 3 and 4 shall not apply to intermodal loading units covered by the CSC.

Article 8

CE marking and indication of periodic inspection

1.   The CE marking shall consist of the initials ‘CE’ taking the form of the specimen given in Annex VI.

The CE marking must be accompanied by the identification number of the notified body involved in the production control stage.

2.   The CE marking must be affixed in a visible, legible and indelible manner on each intermodal loading unit.

3.   The affixing of markings on intermodal loading units and European intermodal loading units which are likely to deceive third parties as to the meaning and form of the CE marking shall be prohibited. Any other marking may be affixed to the intermodal loading units, provided the visibility and legibility of the CE marking is not thereby reduced.

4.   Next to the CE marking, a symbol must be affixed in the form of the specimen given in Annex VII. This is different for intermodal loading units and for European intermodal loading units.

5.   The indication of periodic inspection shall mention the date of manufacture, the date of the last inspection and the deadline for the next inspection. This indication shall be affixed by the inspection body and take the form of the specimen given in Annex VII.

6.   Unduly affixed CE marking

Article 9

Requirements, harmonised standards and formal objections

1.   The intermodal loading units and the European intermodal loading units referred to in Article 1 must meet, respectively, the essential requirements set out in Annexes I and II and the specific requirements for interoperability. The latter shall be adopted and, where necessary, revised in accordance with the procedure provided for in Article 12(2).

The Commission shall publish the decisions relating to the specific requirements for interoperability to be applied in the Official Journal of the European Union.

2.   Member States shall presume that intermodal loading units and European intermodal loading units bearing the CE marking provided for in Article 8 and with the EC declaration of conformity provided for in Annex VII are in conformity with all the relevant provisions of this Directive.

3.   The intermodal loading units and the European intermodal loading units which conform to the harmonised standards for which references have been published in the Official Journal of the European Union are presumed to be in conformity with the essential requirements and the specific requirements for interoperability.

4.   Where a Member State or the Commission considers that the harmonised standards referred to in paragraph 3 are not in conformity with the essential requirements referred to in Annexes I and II and/or to the specific requirements for interoperability, that Member State or the Commission shall refer the matter to the standing committee provided for in Directive 98/34/EC.

In the light of the Committee's opinion, the Commission shall inform the Member States whether or not it is necessary to withdraw references to the standards concerned from the Official Journal of the European Union.

Article 10

Notified bodies

1.   Member States shall notify the Commission and the other Member States of the list of notified bodies established within the Community which they have designated to carry out the procedures referred to in Annexes IV and V and the specific tasks for which these bodies have been designated and the identification numbers assigned to them beforehand by the Commission.

The Commission shall publish in the Official Journal of the European Union the list of the notified bodies, together with their identification numbers and the tasks for which they have been notified. The Commission shall ensure that this list is kept up to date.

2.   Member States shall apply the criteria set out in Annex III for the designation of notified bodies.

3.   A Member State which has notified a body shall withdraw such notification if it finds that the body no longer meets the criteria referred to in paragraph 2.

It shall forthwith inform the Commission and the other Member States of any such withdrawal of notification.

Article 11

Adaptation of Annexes

The amendments necessary for adapting Annexes I and II to this Directive shall be adopted in accordance with the procedure laid down in Article 12.

Article 12

Committee

1.   The Commission shall be assisted by a regulatory committee composed of representatives of the Member States and chaired by the representative of the Commission.

2.   Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   The Committee shall adopt its own rules of procedure. The Committee may consider any question relating to the implementation or practical application of this Directive which is referred to it by its chairman either on his own initiative or at the request of the representative of a Member State.

Article 13

Penalties

The Member States shall determine the penalties applicable in case of infringements of the national provisions adopted pursuant to this Directive, shall work towards full harmonisation of these penalties and shall adopt any measure necessary to ensure the implementation of such penalties. Penalties must be effective, proportionate and dissuasive.

The Member States shall notify the Commission of these provisions not later than one year after the entry into force of this Directive and shall inform it of any subsequent changes to these provisions as soon as possible.

Article 14

Implementation

1.   The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 2005 at the latest. They shall forthwith inform the Commission thereof.

2.   When the Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

3.   Article 4 shall not apply to intermodal loading units which were manufactured before the date indicated in paragraph 1 and put into circulation up until six months after that date.

Article 15

This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

Article 16

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

----

(1)  OJ C ...

(2)OJ C 32, 5.2.2004, p. 67.

(3)  OJ C ...

(4)Position of European Parliament of 12 February 2004.

(5)  CSC: ‘International Convention for Safe Containers’, adopted on 2.12.1972, entered into force on 6.9.1977 and amended in 1981, 1983, 1991 and 1993, which can be found on the International Maritime Organisation's website (www.imo.org).

(6)OJ C 136, 4.6.1985, p. 1.

(7)  Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directives (OJ L 220, 30.8.1993, p. 23).

(8)  Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (OJ L 204, 21.7.1998, p. 37). Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).

(9)Council Recommendation 79/487/EEC of 15 May 1979 on the ratification of the International Convention for Safe Containers (CSC) (OJ L 125, 22.5.1979, p. 18).

(10)OJ L 184, 17.7.1999, p. 23.

ANNEX I

Essential requirements for intermodal loading units

To facilitate the handling of intermodal loading units between two modes of transport and intermodality in general, they have to comply, by class and category, with the requirements listed in this Annex. These requirements ensure maximum interoperability of intermodal loading units between road, rail, inland waterways and shipping and do not conflict with existing relevant ISO standards.

Intermodal loading units which are used in road transport must comply with the requirements of Directive 96/53/EC (1).

----

(1)Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic (OJ L 235, 17.9.1996, p. 59). Directive as amended by European Parliament and Council Directive 2002/7/EC (OJ L 67, 9.3.2002, p. 47).

ANNEX II

Essential requirements for the European intermodal loading unit

The European intermodal loading unit is the optimum loading unit for transporting general-purpose dry cargo by road, rail, inland waterways and short sea shipping.

In addition to the requirements referred to in Annex I, which apply to all new intermodal loading units, EILUs must meet the additional requirements below:

ANNEX III

Minimum criteria to be met for the designation of the notified bodies referred to in Article 10

ANNEX IV

Conformity assessment procedures

An intermodal loading unit must be subject, at the choice of the manufacturer, or his authorised representative established within the Community, to one of the conformity assessment procedures provided for in Article 6 and laid down in this Annex:

Module A (internal production control)

Module Aa (internal manufacturing checks with monitoring of the final assessment)

In addition to the requirements of module A, the following provisions apply:

Final assessment must be subject to monitoring in the form of unannounced visits by a notified body chosen by the manufacturer.

During such visits, the notified body must:

Should one or more of the intermodal loading units not conform, the notified body must take appropriate measures.

Under the responsibility of the notified body, the manufacturer must affix that body's identification number to each intermodal loading unit.

Module G (EC unit verification)

In particular, the notified body must:

Module H (full quality assurance)

The application shall include:

All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation shall ensure a common understanding of the quality policies and procedures such as quality programmes, plans, manuals and records.

It shall contain in particular an adequate description of:

The technical documentation must enable an assessment to be made of the conformity of the intermodal loading units with the relevant requirements of the Directive. It must, as far as is relevant for this assessment, cover the design, manufacture and operation of the intermodal loading units and contain:

The auditing team must have at least one member experienced as an assessor in the product technology concerned. The evaluation procedure shall include an assessment visit to the manufacturer's premises.

The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the examination and the reasoned assessment decision.

The manufacturer or his authorised representative must keep the notified body which has approved the quality system informed of any intended updating of the quality system.

The notified body must assess the proposed changes and decide whether the amended quality system will still satisfy the requirements referred to in 3.2 or whether a reassessment is required.

It must notify its decision to the manufacturer. The notification shall contain the conclusions of the examination and the reasoned assessment decision.

ANNEX V

Procedures for periodic inspection

The periodic inspection must follow one of the two procedures below:

Module 1 (periodic inspection of products)

The measures carried out must be recorded in documents and kept at the disposal of the national authorities by the owner, his authorised representative established within the Community or the holder.

Module 2 (periodic inspection through quality assurance)

The measures carried out must be recorded in documents and kept at the disposal of the national authorities by the owner, his authorised representative established within the Community or the holder.

The owner, his authorised representative established within the Community or the holder must ensure that the qualified staff and necessary facilities within the meaning of points 3 to 7 of Annex III are available for the purpose of the periodic inspections.

The owner, his authorised representative established within the Community or the holder must operate an approved quality system for the periodic inspection and tests of the units as specified in point 3, and be subject to surveillance as specified in point 4.

The provisions described in Annex IV, module H, of this Directive can also be applied, mutatis mutandis, to the periodic inspections.

ANNEX VI

CE marking and other symbols

1.   CE marking

The CE marking shall consist of the initials ‘CE’ taking the form of the following specimen:

2.   Distinctive symbols

2.1.   ILUs

On ILUs which conform to the requirements of this Directive, immediately below the CE marking, the UCI symbol is affixed. This symbol shall consist of the initials ‘UCI’ taking the form of the following specimen:

2.2.   EILUs

On EILUs which conform to the requirements of this Directive, immediately below the CE marking, the UECI symbol is affixed. This symbol shall consist of the initials ‘UECI’ taking the form of the following specimen:

3.   Indication of periodic inspection

Any ILU used on Community territory shall bear the indication:

This symbol shall be affixed taking the form of the following specimen:

4.   Common provisions

If the CE marking is reduced or enlarged, the proportions given in the above drawing must be respected.

The various components of the CE marking and of the symbols must have substantially the same vertical dimension, which may not be less than 5 cm.

However, the figures used may be freely changed provided that they are Arabic numerals of the same height as the other components of the symbol.

ANNEX VII

Declaration of conformity

The EC declaration of conformity must contain the following information:

P5_TA(2004)0094

International Fund for Compensation for Oil Pollution Damage ***

European Parliament legislative resolution on the proposal for a Council decision authorising the Member States to sign, ratify or accede to, in the interest of the European Community, the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation of Oil Pollution Damage, 1992, and authorising Austria and Luxembourg, in the interest of the European Community, to accede to the underlying instruments (14389/2003 — COM(2003) 534 — C5-0002/2004 — 2003/0209(AVC))

(Assent procedure)

The European Parliament,

----

(1)  Not yet published in OJ.

P5_TA(2004)0095

Crisis in the steel sector

European Parliament resolution on the crisis in the iron and steel sector

The European Parliament,

----

(1)OJ L 225, 12.8.1998, p. 16.

(2)OJ L 80, 23.3.2002, p. 29.

P5_TA(2004)0096

Corporate governance and supervision of financial services (the Parmalat case)

European Parliament resolution on corporate governance and supervision of financial services — the Parmalat case

The European Parliament,

----

(1)OJ L 126, 12.5.1984, p. 20.

(2)OJ L 96, 12.4.2003, p. 16.

(3)OJ L 345, 31.12.2003, p. 64.

P5_TA(2004)0097

Approximating civil procedural law in the Union

European Parliament resolution on the prospects for approximating civil procedural law in the European Union (COM(2002) 654 + COM(2002) 746 — C5-0201/2003 — 2003/2087(INI))

The European Parliament,

As regards the Green Paper on the conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community instrument and its modernisation (COM(2002) 654)

As regards the Green Paper on a European order for payment procedure and on measures to simplify and speed up small claims litigation (COM(2002) 746)

*

* *

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(1)OJ C 19, 23.1.1999, p. 1.

(2)OJ L 115, 1.5.2002, p. 1.

(3)OJ C 27, 26.1.1998, p. 1 (consolidated version). Superseded by Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which entered into force on 1 March 2002 (OJ L 12, 16.1.2001, p. 1). The Brussels Convention still applies to relations between Denmark and the other Member States.

(4)OJ C 27, 26.1.1998, p. 34 (consolidated version). 

(5)  The ‘Rome II’ instrument, which has now been drafted in the form of a proposal for a regulation on the law applicable to non-contractual obligations (‘Rome II’). 

(6)OJ L 18, 21.1.1997, p. 1.

P5_TA(2004)0098

Afghanistan

European Parliament resolution on Afghanistan: challenges and prospects for the future (2003/2121(INI))

The European Parliament,

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(1)OJ C 177 E, 25.7.2002, p. 310.

(2)OJ C 272 E, 13.11.2003, p. 473.

(3)  P5_TA(2003)0016.

(4)  5072/04.

(5)OJ L 139, 29.5.2002, p. 9.

(6)OJ L 82, 29.3.2003, p. 1.

P5_TA(2004)0099

Reinvigorating EU actions on human rights and democratisation with Mediterranean partners

European Parliament resolution on reinvigorating EU actions on human rights and democratisation with Mediterranean partners

The European Parliament,

----

(1)  P5_TA(2003)0520.

(2)OJ L 120, 8.5.1999, p. 1.

(3)OJ L 120, 8.5.1999, p. 8.

(4)  www.npwj.org

P5_TA(2004)0100

Elections in Iran

European Parliament resolution on Iran

The European Parliament,

----

(1)OJ C 177 E, 25.7.2002, p. 296.

P5_TA(2004)0101

Political assassinations in Cambodia

European Parliament resolution on Cambodia

The European Parliament,

----

(1)  P5_TA(2003)0103.

(2)  P5_TA(2003)0339.

(3)OJ L 269, 19.10.1999, p. 18.

P5_TA(2004)0102

Greek and Filipino seamen held in Karachi

European Parliament resolution on the fate of the Greek and Filipino sailors in Karachi

The European Parliament,

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