# CE2004092EN.01033401.xml

| 16.4.2004 | EN | Official Journal of the European Union | CE 92/334 |
| --- | --- | --- | --- |

16.4.2004

EN

Official Journal of the European Union

CE 92/334

---

MINUTES

(2004/C 92 E/04)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Renzo IMBENI

Vice-President

1.   Opening of sitting

The sitting opened at 10.00.

The following spoke: James L.C. Provan, who considered that Rule 130a should have been applied to the vote on the report by Philippe A.R. Herzog (A5-0484/2003) and asked for the matter to be referred to the Bureau (the President replied that the President of Parliament had already considered the question) and Malcolm Harbour who endorsed the remarks made by James L.C. Provan.

2.   Documents received

The following documents had been received:

| 1) | from the Council and Commission:







  — | Proposal for a Directive of the European Parliament and of the Council on energy end-use efficiency and energy services (COM(2003) 739 — C5-0642/2003 — 2003/0300(COD))






  referred to | responsible: ITRE |
| --- | --- | --- | --- |
| | opinion: ECON, JURI, ENVI |
| legal basis: | Article 175(1) EC |

1)

from the Council and Commission:

from the Council and Commission:

—

Proposal for a Directive of the European Parliament and of the Council on energy end-use efficiency and energy services (COM(2003) 739 — C5-0642/2003 — 2003/0300(COD))

referred to

responsible: ITRE

opinion: ECON, JURI, ENVI

legal basis:

Article 175(1) EC

| — | Proposal for a Directive of the European Parliament and of the Council concerning measures to safeguard security of electricity supply and infrastructure investment (COM(2003) 740 — C5-0643/2003 — 2003/0301(COD))






  referred to | responsible: ITRE |
| --- | --- | --- |
| | opinion: ECON, JURI, ENVI |
| legal basis: | Article 95 EC |

—

Proposal for a Directive of the European Parliament and of the Council concerning measures to safeguard security of electricity supply and infrastructure investment (COM(2003) 740 — C5-0643/2003 — 2003/0301(COD))

referred to

responsible: ITRE

opinion: ECON, JURI, ENVI

legal basis:

Article 95 EC

| — | Proposal for a Regulation of the European Parliament and of the Council on conditions for access to the gas transmission networks (COM(2003) 741 — C5-0644/2003 — 2003/0302(COD))






  referred to | responsible: ITRE |
| --- | --- | --- |
| | opinion: ECON, JURI, ENVI |
| legal basis: | Article 95 EC |

—

Proposal for a Regulation of the European Parliament and of the Council on conditions for access to the gas transmission networks (COM(2003) 741 — C5-0644/2003 — 2003/0302(COD))

referred to

responsible: ITRE

opinion: ECON, JURI, ENVI

legal basis:

Article 95 EC

| — | Proposal for a Decision of the European Parliament and of the Council amending Decisions Nos 1720/1999/EC, 253/2000/EC, 508/2000/EC, 1031/2000/EC, 1445/2000/EC, 163/2001/EC, 1411/2001/EC, 50/2002/EC, 466/2002/EC, 1145/2002/EC, 1513/2002/EC, 1786/2002/EC, 291/2003/EC and [...]/2003/EC in view of adapting the reference amounts to take account of the enlargement of the European Union (COM(2003) 777 — C5-0650/2003 — 2003/0303(COD))






  referred to | responsible: BUDG |
| --- | --- | --- |
| | opinion: ITRE, EMPL, ENVI, AGRI, CULT |
| legal basis: | Article 129 EC, Article 137(2) EC, Article 149 EC, Article 150 EC |

—

Proposal for a Decision of the European Parliament and of the Council amending Decisions Nos 1720/1999/EC, 253/2000/EC, 508/2000/EC, 1031/2000/EC, 1445/2000/EC, 163/2001/EC, 1411/2001/EC, 50/2002/EC, 466/2002/EC, 1145/2002/EC, 1513/2002/EC, 1786/2002/EC, 291/2003/EC and [...]/2003/EC in view of adapting the reference amounts to take account of the enlargement of the European Union (COM(2003) 777 — C5-0650/2003 — 2003/0303(COD))

referred to

responsible: BUDG

opinion: ITRE, EMPL, ENVI, AGRI, CULT

legal basis:

Article 129 EC, Article 137(2) EC, Article 149 EC, Article 150 EC

| — | Proposal for a Decision of the European Parliament and of the Council amending Council Decision No 96/411/EC and Decisions Nos 276/1999/EC, 1719/1999/EC, 2850/2000/EC, 507/2001/EC, 2235/2002/EC, 2367/2002/EC, 253/2003/EC, 1230/2003/EC and [...]/2003/EC in view of adapting the reference amounts to take account of the enlargement of the European Union (COM(2003) 777 — C5-0651/2003 — 2003/0304(COD))






  referred to | responsible: BUDG |
| --- | --- | --- |
| | opinion: LIBE, ECON, JURI, ITRE, ENVI |
| legal basis: | Article 95 EC, Article 153 (2) EC, Article 156(1) EC, Article 157(3) EC |

—

Proposal for a Decision of the European Parliament and of the Council amending Council Decision No 96/411/EC and Decisions Nos 276/1999/EC, 1719/1999/EC, 2850/2000/EC, 507/2001/EC, 2235/2002/EC, 2367/2002/EC, 253/2003/EC, 1230/2003/EC and [...]/2003/EC in view of adapting the reference amounts to take account of the enlargement of the European Union (COM(2003) 777 — C5-0651/2003 — 2003/0304(COD))

referred to

responsible: BUDG

opinion: LIBE, ECON, JURI, ITRE, ENVI

legal basis:

Article 95 EC, Article 153 (2) EC, Article 156(1) EC, Article 157(3) EC

| — | Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EC) No 2236/95, (EC) No 1655/2000, (EC) No 1382/2003 and (EC) No [...]/2003 in view of adapting the reference amounts to take account of the enlargement of the European Union (COM(2003) 777 — C5-0652/2003 — 2003/0305(COD))






  referred to | responsible: BUDG |
| --- | --- | --- |
| | opinion: ENVI, RETT |
| legal basis: | Article 71(1) EC, Article 80(2) EC, Article 156(1) EC |

—

Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EC) No 2236/95, (EC) No 1655/2000, (EC) No 1382/2003 and (EC) No [...]/2003 in view of adapting the reference amounts to take account of the enlargement of the European Union (COM(2003) 777 — C5-0652/2003 — 2003/0305(COD))

referred to

responsible: BUDG

opinion: ENVI, RETT

legal basis:

Article 71(1) EC, Article 80(2) EC, Article 156(1) EC

| — | Opinion of the Council on proposal for transfer of appropriations 48/2003 between Chapters in Section III — Commission — Part B — of the General Budget for the European Union for the financial year 2003 (C5-0004/2004 — C5-0004/2004 — 2003/2236(GBD))






  referred to | responsible: BUDG |
| --- | --- | --- |
| legal basis: | Article 274 EC |

—

Opinion of the Council on proposal for transfer of appropriations 48/2003 between Chapters in Section III — Commission — Part B — of the General Budget for the European Union for the financial year 2003 (C5-0004/2004 — C5-0004/2004 — 2003/2236(GBD))

referred to

responsible: BUDG

legal basis:

Article 274 EC

| — | Opinion of the Council on proposal for transfer of appropriations 49/2003 between Chapters in Section III — Commission — Part B — of the General Budget for the European Union for the financial year 2003 (C5-0005/2004 — C5-0005/2004 — 2003/2251(GBD))






  referred to | responsible: BUDG |
| --- | --- | --- |
| legal basis: | Article 274 EC |

—

Opinion of the Council on proposal for transfer of appropriations 49/2003 between Chapters in Section III — Commission — Part B — of the General Budget for the European Union for the financial year 2003 (C5-0005/2004 — C5-0005/2004 — 2003/2251(GBD))

referred to

responsible: BUDG

legal basis:

Article 274 EC

| — | Opinion of the Council on proposal for transfer of appropriations 50/2003 between Chapters in Section III — Commission — Part A — of the General Budget for the European Union for the financial year 2003 (C5-0006/2004 — C5-0006/2004 — 2003/2253(GBD))






  referred to | responsible: BUDG |
| --- | --- | --- |
| legal basis: | Article 274 EC |

—

Opinion of the Council on proposal for transfer of appropriations 50/2003 between Chapters in Section III — Commission — Part A — of the General Budget for the European Union for the financial year 2003 (C5-0006/2004 — C5-0006/2004 — 2003/2253(GBD))

referred to

responsible: BUDG

legal basis:

Article 274 EC

| — | Proposal for a Council Regulation laying down general rules for the application of measures to improve the production and marketing of honey (Codified version) (COM(2003) 737 — C5-0007/2004 — 2003/0288(CNS))






  referred to | responsible: JURI |
| --- | --- | --- |
| | opinion: AGRI |
| legal basis: | Article 36 EC, Article 37 EC |

—

Proposal for a Council Regulation laying down general rules for the application of measures to improve the production and marketing of honey (Codified version) (COM(2003) 737 — C5-0007/2004 — 2003/0288(CNS))

referred to

responsible: JURI

opinion: AGRI

legal basis:

Article 36 EC, Article 37 EC

| — | Proposal for a Council Regulation on the conclusion of the Protocol defining for the period 1 January 2004 to 31 December 2008 the fishing opportunities and the financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast (COM(2003) 765 — C5-0024/2004 — 2003/0290(CNS))






  referred to | responsible: PECH |
| --- | --- | --- |
| | opinion: BUDG, DEVE |
| legal basis: | Article 37 EC, Article 300 (2) and (3), first subparagraph EC |

—

Proposal for a Council Regulation on the conclusion of the Protocol defining for the period 1 January 2004 to 31 December 2008 the fishing opportunities and the financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast (COM(2003) 765 — C5-0024/2004 — 2003/0290(CNS))

referred to

responsible: PECH

opinion: BUDG, DEVE

legal basis:

Article 37 EC, Article 300 (2) and (3), first subparagraph EC

| — | Proposal for a Council regulation establishing a Community programme on the conservation, characterisation, collection and utilisation of genetic resources in agriculture (COM(2003) 817 — C5-0025/2004 — 2003/0321(CNS))






  referred to | responsible: AGRI |
| --- | --- | --- |
| | opinion: ENVI |
| legal basis: | Article 37 EC |

—

Proposal for a Council regulation establishing a Community programme on the conservation, characterisation, collection and utilisation of genetic resources in agriculture (COM(2003) 817 — C5-0025/2004 — 2003/0321(CNS))

referred to

responsible: AGRI

opinion: ENVI

legal basis:

Article 37 EC

| — | Proposal for a Council Directive amending Directive 77/388/EEC as regards the place of supply of services (COM(2003) 822 — C5-0026/2004 — 2003/0329(CNS))






  referred to | responsible: ECON |
| --- | --- | --- |
| | opinion: JURI |
| legal basis: | Article 93 EC |

—

Proposal for a Council Directive amending Directive 77/388/EEC as regards the place of supply of services (COM(2003) 822 — C5-0026/2004 — 2003/0329(CNS))

referred to

responsible: ECON

opinion: JURI

legal basis:

Article 93 EC

| — | Proposal for a Directive of the European Parliament and the Council concerning measures to safeguard security of natural gas supply (15769/2003 — C5-0027/2004 — 2002/0220(COD))






  referred to | responsible: ITRE |
| --- | --- | --- |
| | opinion: ECON, JURI, ENVI |
| legal basis: | Article 95 EC |

—

Proposal for a Directive of the European Parliament and the Council concerning measures to safeguard security of natural gas supply (15769/2003 — C5-0027/2004 — 2002/0220(COD))

referred to

responsible: ITRE

opinion: ECON, JURI, ENVI

legal basis:

Article 95 EC

| — | Proposal for a Council decision concerning the conclusion of the World Health Organisation Framework Convention on Tobacco Control (COM(2003) 807 — C5-0028/2004 — 2003/0316(CNS))






  referred to | responsible: ENVI |
| --- | --- | --- |
| | opinion: BUDG, JURI, ITRE |
| legal basis: | Article 95 EC, Article 133 EC, Article 152 EC, Article 300(2) EC |

—

Proposal for a Council decision concerning the conclusion of the World Health Organisation Framework Convention on Tobacco Control (COM(2003) 807 — C5-0028/2004 — 2003/0316(CNS))

referred to

responsible: ENVI

opinion: BUDG, JURI, ITRE

legal basis:

Article 95 EC, Article 133 EC, Article 152 EC, Article 300(2) EC

| — | Proposal for a Council decision concerning the conclusion of the Memorandum of Understanding between the European Community and the National Tourism Administration of the People's Republic of China on visa and related issues concerning tourist groups from the People's Republic of China (ADS) (COM(2003) 790 — C5-0029/2004 — 2003/0299(CNS))






  referred to | responsible: LIBE |
| --- | --- | --- |
| legal basis: | Article 62(2) EC, Article 63(3) EC, Article 300(2), first subparagraph EC |

—

Proposal for a Council decision concerning the conclusion of the Memorandum of Understanding between the European Community and the National Tourism Administration of the People's Republic of China on visa and related issues concerning tourist groups from the People's Republic of China (ADS) (COM(2003) 790 — C5-0029/2004 — 2003/0299(CNS))

referred to

responsible: LIBE

legal basis:

Article 62(2) EC, Article 63(3) EC, Article 300(2), first subparagraph EC

| — | Proposal for a Council Decision amending Decision No 2002/668/Euratom to adapt the financial reference amount in order to take account of the enlargement of the European Union (COM(2003) 778 — C5-0031/2004 — 2003/0298(CNS))






  referred to | responsible: BUDG |
| --- | --- | --- |
| | opinion: ITRE |
| legal basis: | Article 7 EURATOM |

—

Proposal for a Council Decision amending Decision No 2002/668/Euratom to adapt the financial reference amount in order to take account of the enlargement of the European Union (COM(2003) 778 — C5-0031/2004 — 2003/0298(CNS))

referred to

responsible: BUDG

opinion: ITRE

legal basis:

Article 7 EURATOM

| 2) | from Members

  2.1) motions for resolution (Rule 48)






  — | María Izquierdo Rojo on preventing sexual harassment in the armed forces and the rape of Private Quiñoa and other abuses committed against her by a superior (B5-0041/2004)






  referred to | responsible: LIBE |
| --- | --- | --- | --- |
| | opinion: FEMM |

2)

from Members

from Members

2.1) motions for resolution (Rule 48)

—

María Izquierdo Rojo on preventing sexual harassment in the armed forces and the rape of Private Quiñoa and other abuses committed against her by a superior (B5-0041/2004)

referred to

responsible: LIBE

opinion: FEMM

| — | Cristiana Muscardini on the Parmalat case and coordination of supervision at European level (B5-0042/2004).






  referred to | responsible: ECON |
| --- | --- | --- |
| | opinion: JURI |

—

Cristiana Muscardini on the Parmalat case and coordination of supervision at European level (B5-0042/2004).

referred to

responsible: ECON

opinion: JURI

3.   Recognition of professional qualifications ***I (debate)

(debate)

Report on the proposal for a European Parliament and Council directive on the recognition of professional qualifications [COM(2002) 119 — C5-0113/2002 — 2002/0061(COD)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Stefano Zappalà

(A5-0470/2003)

The President reminded the House that it had been decided on Tuesday (see Minutes of 13 January 2004, Item 8), that the debate on the report would take place that day but that the vote would be held over until the next part-session.

(see Minutes of 13 January 2004, Item 8)

Frits Bolkestein (Member of the Commission) spoke.

Stefano Zappalà introduced the report.

The following spoke: Anne-Karin Glase (draftsman of the opinion of the EMPL Committee), John Bowis (draftsman of the opinion of the ENVI Committee), Luciana Sbarbati (draftsman of the opinion of the PETI Committee), Malcolm Harbour, on behalf of the PPE-DE Group, Evelyne Gebhardt, on behalf of the PSE Group, Toine Manders, on behalf of the ELDR Group, Konstantinos Alyssandrakis, on behalf of the GUE/NGL Group, Neil MacCormick, on behalf of the Verts/ALE Group, Konstantinos Hatzidakis, Ioannis Koukiadis, Astrid Thors, Marcelino Oreja Arburúa, Arlene McCarthy, Avril Doyle, Klaus-Heiner Lehne, Giuseppe Gargani, Othmar Karas and Frits Bolkestein.

IN THE CHAIR: Catherine LALUMIÈRE

Vice-President

The debate closed.

Vote: 29 January 2004

29 January 2004

4.   Mutual assistance in direct and indirect taxation ***I — Hedge funds and derivatives (debate)

(debate)

Report on the proposal for a European Parliament and Council directive amending Directive 77/799/EEC concerning mutual assistance by the competent authorities of the Member States in the field of direct and indirect taxation [COM(2003) 446 — C5-0370/2003 — 2003/0170(COD)] — Committee on Economic and Monetary Affairs.

Rapporteur: Piia-Noora Kauppi

(A5-0466/2003)

Report on the future of hedge funds and derivatives [2003/2082(INI)] — Committee on Economic and Monetary Affairs.

Rapporteur: John Purvis

(A5-0476/2003)

Frits Bolkestein (Member of the Commission) spoke.

Othmar Karas (deputising for the rapporteur) introduced the report A5-0466/2003.

John Purvis introduced the report (A5-0476/2003).

The following spoke: Avril Doyle, on behalf of the PPE-DE Group, Robert Goebbels, on behalf of the PSE Group, Esko Olavi Seppänen, on behalf of the GUE/NGL Group, Rijk van Dam, on behalf of the EDD Group, Wolfgang Ilgenfritz, Non-attached Member, Manuel António dos Santos and Frits Bolkestein.

The debate closed.

Vote: Items 5.3 and 5.8

Items 5.3 and 5.8

(The sitting was suspended at 11.55 pending voting time and resumed at 12.00.)

(The sitting was suspended at 11.55 pending voting time and resumed at 12.00.)

IN THE CHAIR: Gérard ONESTA

Vice-President

5.   Voting time

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

5.1.   Dock dues in the French overseas departments * (Rule 110a) (vote)

(Rule 110a) (vote)

Proposal for a Council decision on the system of dock dues in the French overseas departments and extending Decision 89/688/EEC [COM(2003) 792 — C5-0656/2003 — 2003/0308(CNS)] — Committee on Regional Policy, Transport and Tourism.

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 1)

(Voting record: Annex 1, Item 1)

PROPOSAL FOR A DECISION

Adopted by single vote (P5_TA(2004)0024)

(P5_TA(2004)0024)

5.2.   VAT on certain highly labour-intensive services * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council directive amending Directive 77/388/EEC with a view to extending the option to authorise Member States to apply reduced rates of VAT to certain highly labour-intensive services [COM(2003) 825 — C5-0653/2003 — 2003/0317(CNS)] — Committee on Economic and Monetary Affairs.

Rapporteur: Christa Randzio-Plath

(A5-0001/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 2)

(Voting record: Annex 1, Item 2)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0025)

(P5_TA(2004)0025)

5.3.   Mutual assistance in direct and indirect taxation ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a European Parliament and Council directive amending Directive 77/799/EEC concerning mutual assistance by the competent authorities of the Member States in the field of direct and indirect taxation [COM(2003) 446 — C5-0370/2003 — 2003/0170(COD)] — Committee on Economic and Monetary Affairs.

Rapporteur: Piia-Noora Kauppi

(A5-0466/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 3)

(Voting record: Annex 1, Item 3)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0026)

(P5_TA(2004)0026)

5.4.   Job creation by the service sector (Rule 110a) (vote)

(Rule 110a) (vote)

Report on developing the service sector to create jobs [2003/2132(INI)] — Committee on Employment and Social Affairs.

Rapporteur: Rodi Kratsa-Tsagaropoulou

(A5-0479/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 4)

(Voting record: Annex 1, Item 4)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2004)0027)

(P5_TA(2004)0027)

5.5.   Immigration, integration and employment (vote)

(vote)

Report on the Communication from the Commission on immigration, integration and employment [COM(2003) 336 — 2003/2147(INI)] — Committee on Employment and Social Affairs.

Rapporteur: Claude Moraes

(A5-0445/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 5)

(Voting record: Annex 1, Item 5)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0028)

(P5_TA(2004)0028)

The following spoke:

The following spoke:

| — | The rapporteur moved an oral amendment to amendment 11 which was agreed to. |
| --- | --- |

—

The rapporteur moved an oral amendment to amendment 11 which was agreed to.

5.6.   Illegal immigration, smuggling and trafficking of human beings (vote)

(vote)

Report on the communication from the Commission to the European Parliament and the Council in view of the European Council of Thessaloniki on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents [COM(2003) 323 — 2003/2156(INI)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Hubert Pirker

(A5-0419/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 6)

(Voting record: Annex 1, Item 6)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0029)

(P5_TA(2004)0029)

5.7.   Implementation of Directive 96/71/EC (vote)

(vote)

Report on the implementation of Directive 96/71/EC in the Member States [COM(2003) 458 — 2003/2168(INI)] — Committee on Employment and Social Affairs.

Rapporteur: Anne-Karin Glase

(A5-0448/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 7)

(Voting record: Annex 1, Item 7)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0030)

(P5_TA(2004)0030)

5.8.   Hedge funds and derivatives (vote)

(vote)

Report on the future of hedge funds and derivatives [2003/2082(INI)] — Committee on Economic and Monetary Affairs.

Rapporteur: John Purvis

(A5-0476/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 8)

(Voting record: Annex 1, Item 8)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0031)

(P5_TA(2004)0031)

The following spoke:

The following spoke:

| — | The rapporteur moved oral amendments to paragraphs 3 and 27 which were agreed to. He also pointed out that amendment 2 had been withdrawn. |
| --- | --- |

—

The rapporteur moved oral amendments to paragraphs 3 and 27 which were agreed to. He also pointed out that amendment 2 had been withdrawn.

5.9.   EU aid to Iran following the earthquake (vote)

(vote)

Motions for resolution B5-0034/2004, B5-0035/2004, B5-0036/2004, B5-0037/2004, B5-0038/2004 and B5-0039/2004

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 9)

(Voting record: Annex 1, Item 9)

MOTION FOR A RESOLUTION RC-B5-0034/2004

(replacing motions for resolution B5-0034/2004, B5-0035/2004, B5-0036/2004, B5-0037/2004, B5-0038/2004 and B5-0039/2004)

tabled by the following Members:

Michael Gahler, on behalf of the PPE-DE Group,

Enrique Barón Crespo, Margrietus J. van den Berg, Johannes (Hannes) Swoboda, Véronique De Keyser and Anna Terrón i Cusí, on behalf of the PSE Group,

Cecilia Malmström, on behalf of the ELDR Group,

Daniel Marc Cohn-Bendit, Monica Frassoni and Nelly Maes, on behalf of the Verts/ALE Group,

Pernille Frahm, Pedro Marset Campos and Esko Olavi Seppänen, on behalf of the GUE/NGL Group,

Gerard Collins, on behalf of the UEN Group.

Adopted (P5_TA(2004)0032)

(P5_TA(2004)0032)

6.   Explanations of vote

Written 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.

Oral explanations of vote:

Oral explanations of vote:

Report Moraes — A5-0445/2003

| — | Manuel Pérez Álvarez |
| --- | --- |

—

Manuel Pérez Álvarez

*

- *

Carlo Fatuzzo had given notice that he would not be giving any explanations of vote.

7.   Corrections to votes

Corrections to votes were submitted by the following Members:

Report Moraes — A5-0445/2003

| — | amendment 4

  for: Marie-Thérèse Hermange

  against: Astrid Thors |
| --- | --- |

—

amendment 4

for: Marie-Thérèse Hermange

for:

against: Astrid Thors

against:

| — | paragraph 32, first part

  for: Glyn Ford and Graham R. Watson

  against: Johan Van Hecke, Roy Perry and Marie-Thérèse Hermange |
| --- | --- |

—

paragraph 32, first part

for: Glyn Ford and Graham R. Watson

for:

against: Johan Van Hecke, Roy Perry and Marie-Thérèse Hermange

against:

| — | paragraph 32, second part

  against: Marie-Thérèse Hermange |
| --- | --- |

—

paragraph 32, second part

against: Marie-Thérèse Hermange

against:

| — | resolution (as a whole)

  for: Amalia Sartori

  abstention: Johan Van Hecke |
| --- | --- |

—

resolution (as a whole)

for: Amalia Sartori

for:

abstention: Johan Van Hecke

abstention:

Report Pirker — A5-0419/2003

| — | paragraph 4

  for: Seán Ó Neachtain

  against: Karin Riis-Jørgensen, Marjo Matikainen-Kallström, Paavo Väyrynen and Richard A. Balfe |
| --- | --- |

—

paragraph 4

for: Seán Ó Neachtain

for:

against: Karin Riis-Jørgensen, Marjo Matikainen-Kallström, Paavo Väyrynen and Richard A. Balfe

against:

| — | amendment 4

  for: Ilda Figueiredo

  against: Malcolm Harbour and Per-Arne Arvidsson |
| --- | --- |

—

amendment 4

for: Ilda Figueiredo

for:

against: Malcolm Harbour and Per-Arne Arvidsson

against:

| — | paragraph 17

  for: Per-Arne Arvidsson, Charlotte Cederschiöld and Ioannis Marinos

  against: Ilda Figueiredo and Ioannis Patakis

  abstention: Véronique De Keyser |
| --- | --- |

—

paragraph 17

for: Per-Arne Arvidsson, Charlotte Cederschiöld and Ioannis Marinos

for:

against: Ilda Figueiredo and Ioannis Patakis

against:

abstention: Véronique De Keyser

abstention:

| — | recital G

  for: Ioannis Patakis and Florence Kuntz |
| --- | --- |

—

recital G

for: Ioannis Patakis and Florence Kuntz

for:

Report Purvis — A5-0476/2003

| — | resolution (as a whole)

  against: Gilles Savary and Béatrice Patrie |
| --- | --- |

—

resolution (as a whole)

against: Gilles Savary and Béatrice Patrie

against:

(The sitting was suspended at 12.30 and resumed at 15.00.)

(The sitting was suspended at 12.30 and resumed at 15.00.)

IN THE CHAIR: Alonso José PUERTA

Vice-President

8.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

9.   Copyright (debate)

(debate)

Report on a Community framework for collective management societies in the field of copyright and neighbouring rights [2002/2274(INI)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Raina A. Mercedes Echerer

(A5-0478/2003)

Raina A. Mercedes Echerer introduced the report.

Frits Bolkestein (Member of the Commission) spoke.

The following spoke: Othmar Karas (draftsman of the opinion of the ECON Committee), Malcolm Harbour, on behalf of the PPE-DE Group, Manuel Medina Ortega, on behalf of the PSE Group, Toine Manders, on behalf of the ELDR Group, Neil MacCormick, on behalf of the Verts/ALE Group, José Ribeiro e Castro, on behalf of the UEN Group, Marco Cappato, Non-attached Member, Eija-Riitta Anneli Korhola, Karin Junker and Frits Bolkestein.

The debate closed.

Vote: Item 13.4

Item 13.4

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

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 13 January 2004)

(For the titles and authors of the motions for resolution, see Item 3 of the Minutes of Tuesday 13 January 2004)

10.   Zimbabwe (debate)

(debate)

Motions for resolution B5-0016/2004, B5-0022/2004, B5-0023/2004, B5-0030/2004 and B5-0033/2004.

Glyn Ford, José Ribeiro e Castro, Cecilia Malmström, James Nicholson (deputising for the author) and Bastiaan Belder introduced the motions for resolution.

Nelly Maesspoke.

IN THE CHAIR: Gérard ONESTA

Vice-President

The following spoke Eija-Riitta Anneli Korhola, on behalf of the PPE-DE Group, Michael Gahler and António Vitorino (Member of the Commission).

The debate closed.

Vote: Item 13.1

Item 13.1

11.   Burundi (debate)

(debate)

Motions for resolution B5-0014/2004, B5-0017/2004, B5-0021/2004, B5-0024/2004, B5-0027/2004 and B5-0029/2004.

Glyn Ford, John Walls Cushnahan, Nelly Maes, Cecilia Malmström and Gerard Collins introduced motions for resolution.

The following spoke: Bernd Posselt, on behalf of the PPE-DE Group, and António Vitorino (Member of the Commission).

The debate closed.

Vote: Item 13.2

Item 13.2

12.   Haïti (debate)

(debate)

Motions for resolution: B5-0015/2004, B5-0018/2004, B5-0019/2004, B5-0025/2004, B5-0028/2004, B5-0031/2004 and B5-0032/2004

Karin Junker, Michael Gahler, Marie Anne Isler Béguin and Ulla Margrethe Sandbæk introduced the motions for resolution.

The following spoke: Chantal Cauquil, who pointed out that she was not speaking in her capacity as author (the President took note of this), Glyn Ford, on behalf of the PSE Group, Bastiaan Belder, on behalf of the EDD Group, and António Vitorino (Member of the Commission).

The debate closed.

Vote: Item 13.3

Item 13.3

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

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

13.   Voting time

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

13.1.   Zimbabwe (vote)

(vote)

Motions for resolution B5-0016/2004, B5-0022/2004, B5-0023/2004, B5-0026/2004, B5-0030/2004, B5-0030/2004 and B5-0033/2004

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 10)

(Voting record: Annex 1, Item 10)

MOTION FOR A RESOLUTION RC-B5-0016/2004

(replacing motions for resolution B5-0016/2004, B5-0022/2004, B5-0023/2004, B5-0030/2004 and B5-0033/2004)

tabled by the following Members:

Manuel Pérez Álvarez, Barbara Weiler, Elisabeth Schroedter, Bartho Pronk, Uma Aaltonen, Geoffrey Van Orden, John Alexander Corrie, Nirj Deva, Jacqueline Foster, Neil Parish, Charles Tannock, Mary Elizabeth Banotti, Michael Gahler, Eija-Riitta Anneli Korhola, Klaus-Heiner Lehne, Bernd Posselt and Lennart Sacrédeus, on behalf of the PPE-DE Group,

Margrietus J. van den Berg and Glenys Kinnock, on behalf of the PSE Group,

Jan Mulder, on behalf of the ELDR Group,

Niall Andrews and José Ribeiro e Castro, on behalf of the UEN Group,

Bastiaan Belder, on behalf of the EDD Group.

Adopted (P5_TA(2004)0033)

(P5_TA(2004)0033)

13.2.   Burundi (vote)

(vote)

Motions for resolution B5-0014/2004, B5-0017/2004, B5-0021/2004, B5-0024/2004, B5-0027/2004 and B5-0029/2004

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 11)

(Voting record: Annex 1, Item 11)

MOTION FOR A RESOLUTION RC-B5-0014/2004

(replacing motions for resolution B5-0014/2004, B5-0017/2004, B5-0021/2004, B5-0024/2004, B5-0027/2004 and B5-0029/2004)

tabled by the following Members:

John Alexander Corrie, Jean-Pierre Bébéar, Vitaliano Gemelli and Bernd Posselt, on behalf of the PPE-DE Group,

Margrietus J. van den Berg and Francisca Sauquillo Pérez del Arco, on behalf of the PSE Group,

Cecilia Malmström, Johan Van Hecke and Colette Flesch, on behalf of the ELDR Group,

Nelly Maes, Patricia McKenna and Didier Rod, on behalf of the Verts/ALE Group,

Pedro Marset Campos, on behalf of the GUE/NGL Group,

Niall Andrews, Gerard Collins, Brian Crowley, James (Jim) Fitzsimons, Liam Hyland and Seán Ó Neachtain, on behalf of the UEN Group.

Adopted (P5_TA(2004)0034)

(P5_TA(2004)0034)

13.3.   Haïti (vote)

(vote)

Motions for resolution B5-0015/2004, B5-0018/2004, B5-0019/2004, B5-0025/2004, B5-0028/2004, B5-0031/2004 and B5-0032/2004

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 12)

(Voting record: Annex 1, Item 12)

MOTION FOR A RESOLUTION RC-B5-0015/2004

(replacing motions for resolution B5-0015/2004, B5-0018/2004, B5-0019/2004, B5-0025/2004, B5-0028/2004, B5-0031/2004 and B5-0032/2004)

tabled by the following Members:

Bashir Khanbhai, Jas Gawronski, Bernd Posselt and Thierry Cornillet, on behalf of the PPE-DE Group,

Margrietus J. van den Berg, Marie-Arlette Carlotti and Karin Junker, on behalf of the PSE Group,

Colette Flesch, on behalf of the ELDR GroupInger Schörling, Didier Rod, Nelly Maes and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group,

Pedro Marset Campos, on behalf of the GUE/NGL Group,

Niall Andrews, on behalf of the UEN Group,

Ulla Margrethe Sandbæk and Bastiaan Belder, on behalf of the EDD Group.

Adopted (P5_TA(2004)0035)

(P5_TA(2004)0035)

13.4.   Copyright (vote)

(vote)

Report on a Community framework for collective management societies in the field of copyright and neighbouring rights [2002/2274(INI)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Raina A. Mercedes Echerer

(A5-0478/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 13)

(Voting record: Annex 1, Item 13)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0036)

(P5_TA(2004)0036)

The following spoke:

The following spoke:

| — | The rapporteur moved an oral amendment to paragraph 8 which was agreed to. Hans-Peter Martin declared a financial interest and said he would therefore not be taking part in the vote. |
| --- | --- |

—

The rapporteur moved an oral amendment to paragraph 8 which was agreed to. Hans-Peter Martin declared a financial interest and said he would therefore not be taking part in the vote.

*

- *

Armonia Bordes and Chantal Cauquil had been present but did not take part in the vote on the resolutions on Zimbabwe, Burundi and Haiti.

14.   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:

| — | Common position adopted by the Council with a view to adopting a regulation of the European Parliament and of the Council on the hygiene of foodstuffs ( — C5-0008/2004 — 2000/0178(COD) — 10543/2/02 — SEC(03) 1450 — 12133/2003)






  referred to | responsible: ENVI |
| --- | --- | --- |
| | asked for opinion at first reading: AGRI, ITRE, PECH |

—

Common position adopted by the Council with a view to adopting a regulation of the European Parliament and of the Council on the hygiene of foodstuffs ( — C5-0008/2004 — 2000/0178(COD) — 10543/2/02 — SEC(03) 1450 — 12133/2003)

referred to

responsible: ENVI

asked for opinion at first reading: AGRI, ITRE, PECH

| — | Common position adopted by the Council with a view to adopting a regulation of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin ( — C5-0009/2004 — 2000/0179(COD) — 5420/2/03 — SEC(03) 1450 — 12133/2003)






  referred to | responsible: ENVI |
| --- | --- | --- |
| | asked for opinion at first reading: AGRI, ITRE, PECH |

—

Common position adopted by the Council with a view to adopting a regulation of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin ( — C5-0009/2004 — 2000/0179(COD) — 5420/2/03 — SEC(03) 1450 — 12133/2003)

referred to

responsible: ENVI

asked for opinion at first reading: AGRI, ITRE, PECH

| — | Common position adopted by the Council with a view to adopting a Directive of the European Parliament and of the Council repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC ( — C5-0010/2004 — 2000/0182(COD) — 11584/1/03 — SEC(03) 1450 — 12133/2003)






  referred to | responsible: ENVI |
| --- | --- | --- |
| | asked for opinion at first reading: AGRI, ITRE, PECH |

—

Common position adopted by the Council with a view to adopting a Directive of the European Parliament and of the Council repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC ( — C5-0010/2004 — 2000/0182(COD) — 11584/1/03 — SEC(03) 1450 — 12133/2003)

referred to

responsible: ENVI

asked for opinion at first reading: AGRI, ITRE, PECH

| — | Common position adopted by the Council with a view to adopting a Regulation of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption ( — C5-0011/2004 — 2002/0141(COD) — 11582/1/03 — SEC(03) 1450 — 12133/2003)






  referred to | responsible: ENVI |
| --- | --- | --- |
| | asked for opinion at first reading: AGRI, ITRE, PECH |

—

Common position adopted by the Council with a view to adopting a Regulation of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption ( — C5-0011/2004 — 2002/0141(COD) — 11582/1/03 — SEC(03) 1450 — 12133/2003)

referred to

responsible: ENVI

asked for opinion at first reading: AGRI, ITRE, PECH

| — | Common position adopted by the Council with a view to adopting a Regulation of the European Parliament and of the Council on insurance requirements for air carriers and aircraft operators ( — C5-0012/2004 — 2002/0234(COD) — 13910/1/03 — COM(2004) 0006 — 15251/2003)






  referred to | responsible: RETT |
| --- | --- | --- |
| | asked for opinion at first reading: JURI |

—

Common position adopted by the Council with a view to adopting a Regulation of the European Parliament and of the Council on insurance requirements for air carriers and aircraft operators ( — C5-0012/2004 — 2002/0234(COD) — 13910/1/03 — COM(2004) 0006 — 15251/2003)

referred to

responsible: RETT

asked for opinion at first reading: JURI

| — | Common position adopted by the Council with a view to adopting a European Parliament and Council Regulation on the negotiation and implementation of air service agreements between Member States and third countries ( — C5-0013/2004 — 2003/0044(COD) — 13732/1/03 — COM(03) 0008 — 15247/2003)






  referred to | responsible: RETT |
| --- | --- | --- |
| | asked for opinion at first reading: JURI, LIBE |

—

Common position adopted by the Council with a view to adopting a European Parliament and Council Regulation on the negotiation and implementation of air service agreements between Member States and third countries ( — C5-0013/2004 — 2003/0044(COD) — 13732/1/03 — COM(03) 0008 — 15247/2003)

referred to

responsible: RETT

asked for opinion at first reading: JURI, LIBE

| — | Common position adopted by the Council with a view to adopting a Directive of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EE ( — C5-0014/2004 — 2001/0111(COD) — 13263/3/03 — COM(2004) 0014 — 14067/2003)






  referred to | responsible: LIBE |
| --- | --- | --- |
| | asked for opinion at first reading: CULT, EMPL, FEMM, JURI, PETI |

—

Common position adopted by the Council with a view to adopting a Directive of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EE ( — C5-0014/2004 — 2001/0111(COD) — 13263/3/03 — COM(2004) 0014 — 14067/2003)

referred to

responsible: LIBE

asked for opinion at first reading: CULT, EMPL, FEMM, JURI, PETI

| — | Common position adopted by the Council with a view to adopting a Directive of the European Parliament and of the Council on markets in financial instruments, amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC ( — C5-0015/2004 — 2002/0269(COD) — 13421/3/03 — COM(2004) 0015 — 15277/2003)






  referred to | responsible: ECON |
| --- | --- | --- |
| | asked for opinion at first reading: JURI |

—

Common position adopted by the Council with a view to adopting a Directive of the European Parliament and of the Council on markets in financial instruments, amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC ( — C5-0015/2004 — 2002/0269(COD) — 13421/3/03 — COM(2004) 0015 — 15277/2003)

referred to

responsible: ECON

asked for opinion at first reading: JURI

| — | Common position adopted by the Council with a view to adopting a Directive of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) ( — C5-0016/2004 — 1992/0449C(COD) — 13599/1/03 — COM(2004) 0014 — 15620/2003)






  referred to | responsible: EMPL |
| --- | --- | --- |
| | asked for opinion at first reading: BUDG |

—

Common position adopted by the Council with a view to adopting a Directive of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) (18th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) ( — C5-0016/2004 — 1992/0449C(COD) — 13599/1/03 — COM(2004) 0014 — 15620/2003)

th

referred to

responsible: EMPL

asked for opinion at first reading: BUDG

| — | Common position adopted by the Council with a view to adopting a Decision of the European Parliament and of the Council on Interoperable Delivery of pan-European eGovernment Services to Public Administrations, Businesses and Citizens (IDABC) ( — C5-0017/2004 — 2003/0147(COD) — 14816/1/03 — COM(2004) 0013 — 15208/2003)






  referred to | responsible: ITRE |
| --- | --- | --- |
| | asked for opinion at first reading: BUDG, LIBE |

—

Common position adopted by the Council with a view to adopting a Decision of the European Parliament and of the Council on Interoperable Delivery of pan-European eGovernment Services to Public Administrations, Businesses and Citizens (IDABC) ( — C5-0017/2004 — 2003/0147(COD) — 14816/1/03 — COM(2004) 0013 — 15208/2003)

referred to

responsible: ITRE

asked for opinion at first reading: BUDG, LIBE

| — | Common position adopted by the Council with a view to adopting a Regulation of the European Parliament and of the Council concerning protection against subsidisation and unfair pricing practices in the supply of airline services from countries not members of the European Community ( — C5-0018/2004 — 2002/0067(COD) — 14141/1/03 — COM(2004) 0007 — 15748/2003)






  referred to | responsible: RETT |
| --- | --- | --- |
| | asked for opinion at first reading: ECON, ITRE |

—

Common position adopted by the Council with a view to adopting a Regulation of the European Parliament and of the Council concerning protection against subsidisation and unfair pricing practices in the supply of airline services from countries not members of the European Community ( — C5-0018/2004 — 2002/0067(COD) — 14141/1/03 — COM(2004) 0007 — 15748/2003)

referred to

responsible: RETT

asked for opinion at first reading: ECON, ITRE

| — | Common position adopted by the Council with a view to adopting a Directive of the European Parliament and of the Council On the limitation of emissions of volatile organic compounds due to the use of organic solvents in decorative paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC ( — C5-0019/2004 — 2002/0301(COD) — 14780/2/03 — COM(2004) 0016 — 15554/2003)






  referred to | responsible: ENVI |
| --- | --- | --- |
| | asked for opinion at first reading: ITRE, RETT |

—

Common position adopted by the Council with a view to adopting a Directive of the European Parliament and of the Council On the limitation of emissions of volatile organic compounds due to the use of organic solvents in decorative paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC ( — C5-0019/2004 — 2002/0301(COD) — 14780/2/03 — COM(2004) 0016 — 15554/2003)

referred to

responsible: ENVI

asked for opinion at first reading: ITRE, RETT

| — | Common position adopted by the Council with a view to adopting a Regulation of the European Parliament and of the Council on quarterly financial accounts for general government ( — C5-0020/2004 — 2003/0095(COD) — 15172/1/03 — COM(03) 0025 — 15751/2003)






  referred to | responsible: ECON |
| --- | --- | --- |

—

Common position adopted by the Council with a view to adopting a Regulation of the European Parliament and of the Council on quarterly financial accounts for general government ( — C5-0020/2004 — 2003/0095(COD) — 15172/1/03 — COM(03) 0025 — 15751/2003)

referred to

responsible: ECON

| — | Common position adopted by the Council with a view to adopting a European Parliament and Council decision establishing a Community action programme to promote bodies active at European level in the field of youth ( — C5-0021/2004 — 2003/0113(COD) — 15327/1/03 — COM(2004) 0005 — 15977/2003)






  referred to | responsible: CULT |
| --- | --- | --- |
| | asked for opinion at first reading: BUDG, CONT |

—

Common position adopted by the Council with a view to adopting a European Parliament and Council decision establishing a Community action programme to promote bodies active at European level in the field of youth ( — C5-0021/2004 — 2003/0113(COD) — 15327/1/03 — COM(2004) 0005 — 15977/2003)

referred to

responsible: CULT

asked for opinion at first reading: BUDG, CONT

| — | Common position adopted by the Council with a view to adopting a European Parliament and Council decision establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training ( — C5-0022/2004 — 2003/0114(COD) — 15334/1/03 — COM(0)0004 — 15978/2003)






  referred to | responsible: CULT |
| --- | --- | --- |
| | asked for opinion at first reading: BUDG, CONT, LIBE |

—

Common position adopted by the Council with a view to adopting a European Parliament and Council decision establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training ( — C5-0022/2004 — 2003/0114(COD) — 15334/1/03 — COM(0)0004 — 15978/2003)

referred to

responsible: CULT

asked for opinion at first reading: BUDG, CONT, LIBE

| — | Common position adopted by the Council with a view to adopting a European Parliament and Council Decision establishing a Community action programme to promote bodies active at European level in the field of culture ( — C5-0023/2004 — 2003/0115(COD) — 15331/1/03 — COM(2004) 0003 — 15979/2003)






  referred to | responsible: CULT |
| --- | --- | --- |
| | asked for opinion at first reading: BUDG, CONT |

—

Common position adopted by the Council with a view to adopting a European Parliament and Council Decision establishing a Community action programme to promote bodies active at European level in the field of culture ( — C5-0023/2004 — 2003/0115(COD) — 15331/1/03 — COM(2004) 0003 — 15979/2003)

referred to

responsible: CULT

asked for opinion at first reading: BUDG, CONT

The three-month period available to Parliament to adopt its position would therefore begin the following day, 16 January 2004.

15.   Deadline for the tabling of amendments

The President announced that the deadlines for the following items on the agenda for the sitting of 28 January had been extended as follows:

Commission statement on competition policy,

Oral question to the Commission — European Space policy (B5-0003/2004) and

Oral question to the Commission — The future of the textiles and clothing sector in the enlarged European Union (B5-0004/2004):

| — | motions for resolution: Thursday 22 January at 12:00 |
| --- | --- |

—

motions for resolution: Thursday 22 January at 12:00

| — | amendments and joint motions for resolution: Monday 26 January at 12:00. |
| --- | --- |

—

amendments and joint motions for resolution: Monday 26 January at 12:00.

16.   Cooperation between committees — amendment of title of report

Cooperation between committees

Cooperation between committees

Rule 162a is applied to the following report:

RETT:

| — | Implementation of Directive 2002/15/EC and Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities (COM(2003) 628 — C5-0601/2003 — 2003/0255(COD))
  (Asked for opinion: EMPL)
  Rule 162a procedure between RETT and EMPL
  (Conference of Presidents' decision of 8 January 2004) |
| --- | --- |

—

Implementation of Directive 2002/15/EC and Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities (COM(2003) 628 — C5-0601/2003 — 2003/0255(COD))

(Asked for opinion: EMPL)

Rule 162a procedure between RETT and EMPL

(Conference of Presidents' decision of 8 January 2004)

Amendment to the title of a report already authorised by the Conference of Presidents

Amendment to the title of a report already authorised by the Conference of Presidents

JURI:

| — | ‘Community framework for collecting societies in the field of copyright and related rights‧ (2002/2274(INI)) (Minutes of 16 January 2003)(Former title: Community framework for collecting societies for authors' rights) |
| --- | --- |

—

‘Community framework for collecting societies in the field of copyright and related rights‧ (2002/2274(INI)) (Minutes of 16 January 2003)(Former title: Community framework for collecting societies for authors' rights)

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

(Rule 51)

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

| Document No | Author | Signatures |
| --- | --- | --- |
| 21/2003 | María Sornosa Martínez | 47 |
| 22/2003 | Jean-Claude Martinez, Carl Lang, Bruno Gollnisch and Marie-France Stirbois | 7 |
| 23/2003 | Mark Francis Watts, Catherine Stihler and Phillip Whitehead | 111 |
| 24/2003 | Cristiana Muscardini | 66 |
| 25/2003 | Marie Anne Isler Béguin, Inger Schörling, Paul A.A.J.G. Lannoye, Gérard Onesta and Yves Piétrasanta | 34 |
| 26/2003 | Caroline Lucas, Ulla Margrethe Sandbæk and Pernille Frahm | 36 |
| 27/2003 | Marco Cappato and Daniel Marc Cohn-Bendit | 71 |
| 28/2003 | Sebastiano (Nello) Musumeci, Cristiana Muscardini, Mauro Nobilia and Adriana Poli Bortone | 23 |
| 29/2003 | Chris Davies, Johanna L.A. Boogerd-Quaak, Marco Cappato, Anna Karamanou, Michiel van Hulten and Michiel van Hulten | 60 |
| 30/2003 | Michl Ebner, Jacqueline Foster, Martin Callanan, Ian Twinn, Timothy Kirkhope and Timothy Kirkhope | 48 |
| 31/2003 | José Ribeiro e Castro | 21 |
| 1/2004 | Richard Howitt, Mario Mantovani, Elizabeth Lynne, Patricia McKenna and Ilda Figueiredo | 87 |
| 2/2004 | Marie Anne Isler Béguin | 10 |
| 3/2004 | Philip Claeys and Koenraad Dillen | 13 |

Document No

Document No

Author

Author

Signatures

Signatures

21/2003

María Sornosa Martínez

47

22/2003

Jean-Claude Martinez, Carl Lang, Bruno Gollnisch and Marie-France Stirbois

7

23/2003

Mark Francis Watts, Catherine Stihler and Phillip Whitehead

111

24/2003

Cristiana Muscardini

66

25/2003

Marie Anne Isler Béguin, Inger Schörling, Paul A.A.J.G. Lannoye, Gérard Onesta and Yves Piétrasanta

34

26/2003

Caroline Lucas, Ulla Margrethe Sandbæk and Pernille Frahm

36

27/2003

Marco Cappato and Daniel Marc Cohn-Bendit

71

28/2003

Sebastiano (Nello) Musumeci, Cristiana Muscardini, Mauro Nobilia and Adriana Poli Bortone

23

29/2003

Chris Davies, Johanna L.A. Boogerd-Quaak, Marco Cappato, Anna Karamanou, Michiel van Hulten and Michiel van Hulten

60

30/2003

Michl Ebner, Jacqueline Foster, Martin Callanan, Ian Twinn, Timothy Kirkhope and Timothy Kirkhope

48

31/2003

José Ribeiro e Castro

21

1/2004

Richard Howitt, Mario Mantovani, Elizabeth Lynne, Patricia McKenna and Ilda Figueiredo

87

2/2004

Marie Anne Isler Béguin

10

3/2004

Philip Claeys and Koenraad Dillen

13

18.   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.

19.   Dates for next sittings

The next sittings would be held on 28 and 29 January 2004.

20.   Adjournment of session

The session of the European Parliament was adjourned.

The sitting closed at 16.55.

Julian Priestley

Secretary-General

Pat Cox

President

---

ATTENDANCE REGISTER

The following signed:

Aaltonen, Abitbol, Adam, Nuala Ahern, Ainardi, Almeida Garrett, Alyssandrakis, Andersen, Andersson, Andreasen, Andrews, Andria, Angelilli, Aparicio Sánchez, Arvidsson, Atkins, Attwooll, Avilés Perea, Bakopoulos, Balfe, Baltas, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Belder, Berend, Berenguer Fuster, Berès, van den Berg, Bergaz Conesa, Berger, Berlato, Bernié, Berthu, Bigliardo, Blak, Blokland, Bösch, von Boetticher, Bonde, Bonino, Bordes, Borghezio, Boumediene-Thiery, Bourlanges, Bowe, Bowis, Bradbourn, Bremmer, Breyer, Brie, Brienza, Brok, Buitenweg, Bullmann, Bushill-Matthews, Busk, Butel, Callanan, Calò, Camisón Asensio, Campos, Camre, Cappato, Cardoso, Carlotti, Casaca, Cashman, Caudron, Cauquil, Cederschiöld, Celli, Ceyhun, Chichester, Claeys, Cocilovo, Coelho, Cohn-Bendit, Collins, Colom i Naval, Corbett, Corbey, Cornillet, Corrie, Paolo Costa, Raffaele Costa, Cox, Crowley, Cushnahan, van Dam, Dary, Daul, Davies, De Clercq, Dehousse, De Keyser, Dell'Alba, Deprez, De Sarnez, Descamps, De Veyrac, Dhaene, Díez González, Di Lello Finuoli, Dillen, Dover, Doyle, Dührkop Dührkop, Duff, Duhamel, Duin, Dupuis, Dybkjær, Ebner, Echerer, El Khadraoui, Elles, Esclopé, Ettl, Jillian Evans, Jonathan Evans, Robert J.E. Evans, Färm, Fatuzzo, Fava, Fernández Martín, Ferrández Lezaun, Ferreira, Ferrer, Ferri, Figueiredo, Fiori, Fitzsimons, Flautre, Flemming, Flesch, Florenz, Ford, Formentini, Foster, Fourtou, Frahm, Frassoni, Fruteau, Gahler, Gahrton, Garaud, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garot, Gasòliba i Böhm, de Gaulle, Gebhardt, Gemelli, Gill, Gillig, Gil-Robles Gil-Delgado, Glante, Glase, Gobbo, Goebbels, Goepel, Görlach, Gollnisch, Gomolka, Goodwill, Gorostiaga Atxalandabaso, Gouveia, Graefe zu Baringdorf, Graça Moura, Gröner, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Guy-Quint, Hänsch, Hager, Hannan, Harbour, Hatzidakis, Haug, Hazan, Heaton-Harris, Hedkvist Petersen, Helmer, Herranz García, Herzog, Hoff, Honeyball, Hortefeux, Howitt, Hudghton, Hughes, Hume, Hyland, Iivari, Ilgenfritz, Imbeni, Inglewood, Isler Béguin, Izquierdo Collado, Izquierdo Rojo, Jackson, Jarzembowski, Jean-Pierre, Jeggle, Jensen, Jöns, Jonckheer, Jové Peres, Junker, Karamanou, Karas, Karlsson, Kastler, Kaufmann, Keppelhoff-Wiechert, Keßler, Khanbhai, Kindermann, Glenys Kinnock, Klaß, Koch, Korhola, Koukiadis, Koulourianos, Krarup, Krehl, Kreissl-Dörfler, Kronberger, Kuhne, Kuntz, Lage, Lagendijk, Laguiller, Lalumière, Lamassoure, Lambert, Lang, Lange, Langen, Langenhagen, Lannoye, de La Perriere, Laschet, Lavarra, Lechner, Lehne, Leinen, Linkohr, Lisi, Ludford, Lulling, Lund, Lynne, Maat, Maaten, McAvan, McCarthy, McCartin, MacCormick, McKenna, McMillan-Scott, Maes, Malliori, Malmström, Manders, Erika Mann, Thomas Mann, Marinho, Marini, Marinos, Markov, Marques, Marset Campos, Martens, Hans-Peter Martin, Hugues Martin, Martinez, Martínez Martínez, Mastorakis, Mathieu, Matikainen-Kallström, Hans-Peter Mayer, Xaver Mayer, Mayol i Raynal, Medina Ortega, Meijer, Méndez de Vigo, Mendiluce Pereiro, Menéndez del Valle, Menrad, Miguélez Ramos, Miller, Miranda, Miranda de Lage, Modrow, Mombaur, Monsonís Domingo, Montfort, Moraes, Morillon, Müller, Mulder, Musotto, Myller, Naïr, Napoletano, Naranjo Escobar, Nassauer, Newton Dunn, Nicholson, Nisticò, Nobilia, Nordmann, Olsson, Ó Neachtain, Onesta, Oreja Arburúa, Ortuondo Larrea, O'Toole, Paasilinna, Pacheco Pereira, Paciotti, Pack, Pannella, Parish, Pastorelli, Patakis, Patrie, Paulsen, Pérez Álvarez, Perry, Pesälä, Piecyk, Piétrasanta, Pirker, Piscarreta, Pittella, Plooij-van Gorsel, Podestà, Poettering, Pohjamo, Poignant, Poli Bortone, Pomés Ruiz, Poos, Posselt, Prets, Procacci, Pronk, Provan, Puerta, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Rapkay, Raschhofer, Raymond, Read, Ribeiro e Castro, Ries, Riis-Jørgensen, Ripoll y Martínez de Bedoya, Rocard, Rod, Rodríguez Ramos, de Roo, Roth-Behrendt, Rothe, Roure, Rovsing, Rübig, Rühle, Ruffolo, Rutelli, Sacconi, Sacrédeus, Saint-Josse, Sakellariou, Salafranca Sánchez-Neyra, Sandberg-Fries, Sandbæk, Santer, Santini, dos Santos, Sartori, Sauquillo Pérez del Arco, Savary, Sbarbati, Scallon, Scarbonchi, Schaffner, Scheele, Schierhuber, Schleicher, Herman Schmid, Schmitt, Ilka Schröder, Jürgen Schröder, Schulz, Schwaiger, Seppänen, Simpson, Sjöstedt, Skinner, Smet, Soares, Sörensen, Sommer, Sornosa Martínez, Souchet, Souladakis, Stenmarck, Sterckx, Stevenson, Stihler, Stirbois, Stockmann, Stockton, Sturdy, Sudre, Suominen, Swiebel, Swoboda, Sørensen, Tajani, Tannock, Terrón i Cusí, Theato, Theorin, Thomas-Mauro, Thorning-Schmidt, Thors, Titley, Torres Marques, Trakatellis, Turco, Turmes, Twinn, Vachetta, Väyrynen, Vairinhos, Valdivielso de Cué, Valenciano Martínez-Orozco, Vallvé, Van Hecke, Van Lancker, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Virrankoski, Vlasto, Voggenhuber, Volcic, Wallis, Walter, Watson, Watts, Weiler, Wenzel-Perillo, Wiersma, Wijkman, von Wogau, Wuori, Wurtz, Wyn, Wynn, Zabell, Zacharakis, Zappalà, Zimeray, Zimmerling, Zissener, Zorba

Observers

Bastys, Biela, Chronowski, Cilevičs, Czinege, Demetriou, Didžiokas, Ékes, Falbr, Fazakas,, Filipek, Germič, Giertych, Grzebisz-Nowicka, Grzyb, Ilves, Kelemen, Kiršteins, Klopotek, Klukowski, Konečná, Kósáné Kovács, Kowalska, Kriščiūnas, Daniel Kroupa, Kubovič, Kuzmickas, Kvietkauskas, Laar, Lepper, Libicki, Lisak, Lydeka, Łyżwiński, Maldeikis, Mallotová, Maštálka, Mavrou, Palečková, Pasternak, Pęczak, Plokšto, Podgórski, Pospíšil, Savi, Smorawiński, Szczygło, Tabajdi,, Tomaka, Tomczak, Vadai, Valys,, Vastagh, Vella, Vėsaitė, Wiśniowska, Wittbrodt, Záborská

---

ANNEX I

RESULTS OF VOTES

Abbreviations and symbols

| + | adopted |
| --- | --- |
| - | rejected |
| ↓ | lapsed |
| W | withdrawn |
| RCV (..., ..., ...) | roll-call vote (for, against, abstentions) |
| EV (..., ..., ...) | electronic vote (for, against, abstentions) |
| split | split vote |
| sep | separate vote |
| am | amendment |
| CA | compromise amendment |
| CP | corresponding part |
| D | deleting amendment |
| = | identical amendments |
| § | paragraph |
| art | article |
| rec | recital |
| MOT | motion for a resolution |
| JT MOT | joint motion for a resolution |
| SEC | secret ballot |

+

adopted

-

rejected

↓

lapsed

W

withdrawn

RCV (..., ..., ...)

roll-call vote (for, against, abstentions)

EV (..., ..., ...)

electronic vote (for, against, abstentions)

split

split vote

sep

separate vote

am

amendment

CA

compromise amendment

CP

corresponding part

D

deleting amendment

=

identical amendments

§

paragraph

art

article

rec

recital

MOT

motion for a resolution

JT MOT

joint motion for a resolution

SEC

secret ballot

1.   Dock dues in the French overseas department *

procedure without report (C5-0656/2003)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| vote: proposal for a decision | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

vote: proposal for a decision

+

2.   VAT on certain highly labour-intensive services *

Report: RANDZIO-PLATH (A5-0001/2004)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

3.   Mutual assistance in direct and indirect taxation ***I

Report: KAUPPI (A5-0466/2003)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

4.   Job creation by the service sector

Report: KRATSA-TSAGAROPOULOU (A5-0479/2003)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

5.   Immigration, integration and employment

Report: MORAES (A5-0445/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 1 | 11 | GUE/NGL | RCV | + | amended orally


  241,158,6 |
| § | original text | RCV | ↓ | |
| § 7 | 5 | GUE/NGL | EV | - | 190,192,3 |
| § 9 | 1 | PPE-DE | | + | |
| § 10, indent 1 | 6 | GUE/NGL | EV | - | 71,231,112 |
| § 11 | 2 | PPE-DE | EV | + | 222,200,3 |
| § 18 | 3 | PPE-DE | EV | + | 304,111,6 |
| § 19 | 12 | GUE/NGL | EV | + | 231,191,3 |
| after § 25 | 13 | GUE/NGL | split | | |
| 1/EV | + | 229,211,5 |
| 2/EV | - | 193,253,7 |
| § 28 | | original text | sep | + | |
| § 32 | 4 | PPE-DE | RCV | - | 209,238,3 |
| § | original text | split/RCV | | |
| 1 | + | 243,204,2 |
| 2 | + | 233,223,0 |
| after § 40 | 7 | GUE/NGL | EV | + | 241,200,4 |
| § 46 | 14 | GUE/NGL | | | |
| 1 | + |
| 2 | + |
| § | original text | | ↓ | |
| after recital A | 8 | GUE/NGL | split | | |
| 1 | + | |
| 2/EV | - | 148,234,75 |
| recital B | 9 | GUE/NGL | | + | |
| recital F | 10 | GUE/NGL | | + | |
| vote: resolution (as a whole) | RCV | + | 255,192,20 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 1

11

GUE/NGL

RCV

+

amended orally

241,158,6

§

original text

RCV

↓

§ 7

5

GUE/NGL

EV

-

190,192,3

§ 9

1

PPE-DE

+

§ 10, indent 1

6

GUE/NGL

EV

-

71,231,112

§ 11

2

PPE-DE

EV

+

222,200,3

§ 18

3

PPE-DE

EV

+

304,111,6

§ 19

12

GUE/NGL

EV

+

231,191,3

after § 25

13

GUE/NGL

split

1/EV

+

229,211,5

2/EV

-

193,253,7

§ 28

original text

sep

+

§ 32

4

PPE-DE

RCV

-

209,238,3

§

original text

split/RCV

1

+

243,204,2

2

+

233,223,0

after § 40

7

GUE/NGL

EV

+

241,200,4

§ 46

14

GUE/NGL

1

+

2

+

§

original text

↓

after recital A

8

GUE/NGL

split

1

+

2/EV

-

148,234,75

recital B

9

GUE/NGL

+

recital F

10

GUE/NGL

+

vote: resolution (as a whole)

RCV

+

255,192,20

Requests for roll-call votes

PPE-DE am 4

PSE am 4

ELDR final vote

GUE/NGL § 32, am 11

Requests for separate vote

EDD § 28

Requests for split votes

ELDR

am 8

1st part: up to ‘countries of origin‧

2nd part: remainder

am 13

1st part: text as a whole apart from the word ‘automatic‧

2nd part: that word

am 14

1st part: up to ‘international legislation‧

2nd part: remainder

UEN

§ 32

1st part: text as a whole apart from the words ‘and European‧

2nd part: those words

Other information

The rapporteur proposed an oral amendment to amendment 11, aimed at replacing the current §1, in the following terms:

Notes
  this Commission initiative in line with the Tampere European Council's emphasis on developing a more effective migration and integration policy regarding third country nationals in the EU; this is the first time that even-handed consideration has been given to three vital and inter-related issues: managing migration to the EU in a context of ageing working age populations; improving the integration of migrants in the EU; and the need for co-operation with countries of origin;
  believes that the fight against illegal immigration and trafficking in people must not give rise to a repressive policy aimed at immigrants in irregular circumstances, but should, rather, target the traffickers and employers who exploit those circumstances (second part of am 11)

The President established that there was no objection to the oral amendment.

6.   Illegal immigration, smuggling and trafficking of human beings

Report: PIRKER (A5-0419/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 1 | 2 | GUE/NGL | | - | |
| § 4 | | original text | RCV | + | 277,129,47 |
| § 5 | | original text | split | | |
| 1 | + | |
| 2/EV | + | 242,164,37 |
| § 9 | 3 | GUE/NGL | RCV | + | 260,202,2 |
| § | original text | | ↓ | |
| § 17 | 4 | GUE/NGL | RCV | - | 119,333,7 |
| § | original text | RCV | + | 299,136,18 |
| § 25 | 5 | GUE/NGL | split/RCV | | |
| 1 | + | 421,23,13 |
| 2 | - | 204,248,2 |
| § 33 | 1 | PSE | EV | - | 183,247,33 |
| § | original text | sep | + | |
| recital E | | original text | split | | |
| 1 | + | |
| 2/EV | - | 182,276,1 |
| recital G | | original text | RCV | + | 459,2,2 |
| vote: resolution (as a whole) | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 1

2

GUE/NGL

-

§ 4

original text

RCV

+

277,129,47

§ 5

original text

split

1

+

2/EV

+

242,164,37

§ 9

3

GUE/NGL

RCV

+

260,202,2

§

original text

↓

§ 17

4

GUE/NGL

RCV

-

119,333,7

§

original text

RCV

+

299,136,18

§ 25

5

GUE/NGL

split/RCV

1

+

421,23,13

2

-

204,248,2

§ 33

1

PSE

EV

-

183,247,33

§

original text

sep

+

recital E

original text

split

1

+

2/EV

-

182,276,1

recital G

original text

RCV

+

459,2,2

vote: resolution (as a whole)

+

Requests for roll-call votes

PPE-DE § 4

GUE/NGL rec G, § 17, ams 3, 4, 5

Requests for separate vote

ELDR §§ 4, 17

Verts/ALE § 33

Requests for split votes

PSE

§ 5

1st part: up to ‘of external borders‧

2nd part: remainder

ELDR

recital E

1st part: up to ‘would do likewise‧

2nd part: remainder

am 5

1st part: up to ‘treatment or punishment‧

2nd part: remainder

7.   Implementation of Directive 96/71/EC

Report: GLASE (A5-0448/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| after § 2 | 2 | Verts/ALE, GUE/NGL | RCV | - | 123,329,8 |
| after § 4 | 3 | Verts/ALE, GUE/NGL | RCV | - | 75,371,13 |
| after § 6 | 4 | Verts/ALE, GUE/NGL | | + | |
| § 13 | 1 | PSE | | + | |
| vote: resolution (as a whole) | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

after § 2

2

Verts/ALE, GUE/NGL

RCV

-

123,329,8

after § 4

3

Verts/ALE, GUE/NGL

RCV

-

75,371,13

after § 6

4

Verts/ALE, GUE/NGL

+

§ 13

1

PSE

+

vote: resolution (as a whole)

+

Requests for roll-call votes

Verts/ALE ams 2, 3

8.   Hedge funds and derivatives

Report: PURVIS (A5-0476/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 3 | | original text | | + | Amended orally |
| § 3 | 10 | PSE | | ↓ | |
| § 4 | 11 | PSE | | - | |
| § | original text | split | | |
| 1 | + | |
| 2/EV | + | 227,192,2 |
| § 5 | | original text | sep/EV | + | 217,186,1 |
| § 12 | | original text | split | | |
| 1 | + | |
| 2/EV | + | 221,196,5 |
| § 16 | 3 | PPE-DE | | + | |
| § 21 | 4 | PPE-DE | | + | |
| § 25 | 5 | PPE-DE | | + | |
| § 27 | | original text | | + | Amended orally |
| § 27 | 6 | PPE-DE | | ↓ | |
| § 31 | 12 | PSE | | + | |
| § 33 | 7 | PPE-DE | | + | |
| after recital B | 1 | PPE-DE | | + | |
| recital J | 8 | PSE | | + | |
| recital K | 9 | PSE | EV | - | 187,242,5 |
| § | original text | sep | + | |
| recital S | | original text | sep | + | |
| rec T | | original text | sep | + | |
| recital V | | original text | sep | + | |
| rec X | 2 | PPE-DE | | W | |
| vote: resolution (as a whole) | RCV | + | 344,69,24 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 3

original text

+

Amended orally

§ 3

10

PSE

↓

§ 4

11

PSE

-

§

original text

split

1

+

2/EV

+

227,192,2

§ 5

original text

sep/EV

+

217,186,1

§ 12

original text

split

1

+

2/EV

+

221,196,5

§ 16

3

PPE-DE

+

§ 21

4

PPE-DE

+

§ 25

5

PPE-DE

+

§ 27

original text

+

Amended orally

§ 27

6

PPE-DE

↓

§ 31

12

PSE

+

§ 33

7

PPE-DE

+

after recital B

1

PPE-DE

+

recital J

8

PSE

+

recital K

9

PSE

EV

-

187,242,5

§

original text

sep

+

recital S

original text

sep

+

rec T

original text

sep

+

recital V

original text

sep

+

rec X

2

PPE-DE

W

vote: resolution (as a whole)

RCV

+

344,69,24

Requests for roll-call votes

PPE-DE final vote

PSE final vote

Requests for separate vote

PSE recs K, S, T, V, § 5

Requests for split votes

PSE

§ 4

1st part: text as a whole apart from the words ‘light handed‧

2nd part: those words

§ 12

1st part: text as a whole apart from the words ‘light handed‧

2nd part: those words

Other information

The rapporteur proposed an oral amendment to paragraph 3 to read as follows:

Feels it is opportune to facilitate access to SAIVs for the moderately affluent investor and, in due course, the retail investor, when the different regulatory authorities at European level recommend it is appropriate, and that regulated funds of hedge funds could play a vital role in this gradual process

The President established that there was no objection to the oral amendment.

The rapporteur proposed an oral amendment to paragraph 27 to read as follows:

Calls on the Commission to instigate, along with national and relevant international institutions, a means of measuring and monitoring global exposure in derivatives and, in particular, the accumulated credit risk (including settlement risk) of credit derivatives; stresses that only those with appropriate capital cover may deal in derivatives, in order that, in periods of crisis, losses do not have to be borne by taxpayers.

The President established that there was no objection to the oral amendment.

9.   EU aid to Iran following the earthquake

Motions for resolutions: B5-0034, 0035, 0036, 0037, 0038 and 0039/2004

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution RC5-0034/2004




  (PPE-DE, PSE, ELDR, Verts/ALE, GUE/NGL and UEN) |
| after § 8 | 2 | PSE | EV | + | 219,169,12 |
| recital N | 1 | Verts/ALE et al | EV | - | 137,166,99 |
| vote: resolution (as a whole) | | + | |
| motions for resolutions by political groups |
| B5-0034/2004 | | Verts/ALE | | ↓ | |
| B5-0035/2004 | | GUE/NGL | | ↓ | |
| B5-0036/2004 | | UEN | | ↓ | |
| B5-0037/2004 | | PPE-DE | | ↓ | |
| B5-0038/2004 | | PSE | | ↓ | |
| B5-0039/2004 | | ELDR | | ↓ | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution RC5-0034/2004

(PPE-DE, PSE, ELDR, Verts/ALE, GUE/NGL and UEN)

after § 8

2

PSE

EV

+

219,169,12

recital N

1

Verts/ALE et al

EV

-

137,166,99

vote: resolution (as a whole)

+

motions for resolutions by political groups

B5-0034/2004

Verts/ALE

↓

B5-0035/2004

GUE/NGL

↓

B5-0036/2004

UEN

↓

B5-0037/2004

PPE-DE

↓

B5-0038/2004

PSE

↓

B5-0039/2004

ELDR

↓

10.   Zimbabwe

Motions for resolutions: B5-0016, 0020, 0022, 0023, 0026, 0030 and 0033/2004

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution RC5-0016/2004




  (PPE-DE, PSE, ELDR, UEN, EDD) |
| § 5 | | original text | sep | + | |
| § 6 | | original text | sep | + | |
| § 11 | | original text | sep | + | |
| § 12 | | original text | sep | + | |
| vote: resolution (as a whole) | RCV | + | 66,4,2 |
| motions for resolutions by political groups |
| B5-0016/2004 | | PSE | | ↓ | |
| B5-0020/2004 | | Verts/ALE | | ↓ | |
| B5-0022/2004 | | UEN | | ↓ | |
| B5-0023/2004 | | ELDR | | ↓ | |
| B5-0026/2004 | | GUE/NGL | | ↓ | |
| B5-0030/2004 | | PPE-DE | | ↓ | |
| B5-0033/2004 | | EDD | | ↓ | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution RC5-0016/2004

(PPE-DE, PSE, ELDR, UEN, EDD)

§ 5

original text

sep

+

§ 6

original text

sep

+

§ 11

original text

sep

+

§ 12

original text

sep

+

vote: resolution (as a whole)

RCV

+

66,4,2

motions for resolutions by political groups

B5-0016/2004

PSE

↓

B5-0020/2004

Verts/ALE

↓

B5-0022/2004

UEN

↓

B5-0023/2004

ELDR

↓

B5-0026/2004

GUE/NGL

↓

B5-0030/2004

PPE-DE

↓

B5-0033/2004

EDD

↓

Requests for roll-call votes

PPE-DE final vote of the JT MOT

PSE final vote of the JT MOT

Requests for separate vote

Verts/ALE §§ 5, 6, 11, 12 of the JT MOT

11.   Burundi

Motions for resolutions: B5-0014, 0017, 0021, 0024, 0027 and 0029/2004

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution RC5-0014/2004




  (PPE-DE, PSE, ELDR, Verts/ALE, GUE/NGL, UEN) |
| vote: resolution (as a whole) | RCV | + | 72,0,1 |
| motions for resolutions by political groups |
| B5-0014/2004 | | PSE | | ↓ | |
| B5-0017/2004 | | PPE-DE | | ↓ | |
| B5-0021/2004 | | Verts/ALE | | ↓ | |
| B5-0024/2004 | | ELDR | | ↓ | |
| B5-0027/2004 | | GUE/NGL | | ↓ | |
| B5-0029/2004 | | UEN | | ↓ | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution RC5-0014/2004

(PPE-DE, PSE, ELDR, Verts/ALE, GUE/NGL, UEN)

vote: resolution (as a whole)

RCV

+

72,0,1

motions for resolutions by political groups

B5-0014/2004

PSE

↓

B5-0017/2004

PPE-DE

↓

B5-0021/2004

Verts/ALE

↓

B5-0024/2004

ELDR

↓

B5-0027/2004

GUE/NGL

↓

B5-0029/2004

UEN

↓

Requests for roll-call votes

PSE final vote of the JT MOT

12.   Haiti

Motions for resolutions: B5-0015, 0018, 0019, 0025, 0028, 0031 and 0032/2004

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution RC5-0015/2004




  (PPE-DE, PSE, ELDR, Verts/ALE, GUE/NGL, UEN, EDD) |
| vote: resolution (as a whole) | RCV | + | 73,0,0 |
| motions for resolutions by political groups |
| B5-0015/2004 | | PSE | | ↓ | |
| B5-0018/2004 | | PPE-DE | | ↓ | |
| B5-0019/2004 | | Verts/ALE | | ↓ | |
| B5-0025/2004 | | ELDR | | ↓ | |
| B5-0028/2004 | | GUE/NGL | | ↓ | |
| B5-0031/2004 | | UEN | | ↓ | |
| B5-0032/2004 | | EDD | | ↓ | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution RC5-0015/2004

(PPE-DE, PSE, ELDR, Verts/ALE, GUE/NGL, UEN, EDD)

vote: resolution (as a whole)

RCV

+

73,0,0

motions for resolutions by political groups

B5-0015/2004

PSE

↓

B5-0018/2004

PPE-DE

↓

B5-0019/2004

Verts/ALE

↓

B5-0025/2004

ELDR

↓

B5-0028/2004

GUE/NGL

↓

B5-0031/2004

UEN

↓

B5-0032/2004

EDD

↓

Requests for roll-call votes

PSE final vote of the JT MOT

13.   Copyright

Report: ECHERER (A5-0478/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 8 | | | | + | Amended orally |
| vote: resolution (as a whole) | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 8

+

Amended orally

vote: resolution (as a whole)

+

Other information

The rapporteur proposed an oral amendment to §8 to read as follows:

Notes
  that, in the area of collective exercise of rights,
  necessitated, inter alia
  by the enlargement of the European Union,
  appropriate means are needed and action might need to be taken
  ;

(the President established that there was no objection to this oral amendment).

---

ANNEX II

RESULT OF ROLL-CALL VOTES

Moraes report A5-0445/2003

Amendment 11

For: 241

EDD: Andersen, Bonde, Sandbæk

ELDR: Andreasen, Attwooll, Busk, Calò, Davies, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rutelli, Sbarbati, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Sjöstedt, Vachetta, Wurtz

NI: Bonino, Cappato, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Arvidsson, Ebner, Ferri, Glase, Grönfeldt Bergman, Smet, Stenmarck, Vidal-Quadras Roca, Wijkman

PSE: Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bullmann, Campos, Carlotti, Casaca, Cashman, Cercas, Ceyhun, Corbett, Corbey, De Keyser, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Guy-Quint, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lavarra, Linkohr, 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, Myller, Napoletano, O'Toole, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Scheele, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Vairinhos, Van Lancker, Volcic, Walter, Watts, Weiler, Wiersma, Wynn, Zorba

UEN: Bigliardo, Crowley, Fitzsimons, Hyland, Ó Neachtain, Poli Bortone, Ribeiro e Castro, Thomas-Mauro

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Hudghton, Isler Béguin, Lambert, MacCormick, McKenna, Mayol i Raynal, Onesta, Rod, de Roo, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 158

EDD: Belder, van Dam

NI: Berthu, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Kronberger, Lang, de La Perriere, Martinez, Souchet, Stirbois

PPE-DE: Almeida Garrett, Andria, Atkins, Avilés Perea, Balfe, Bastos, Bayona de Perogordo, Beazley, Berend, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dover, Doyle, Elles, Evans Jonathan, Fatuzzo, Ferrer, Fiori, Flemming, Florenz, Foster, Fourtou, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gemelli, Gil-Robles Gil-Delgado, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grosch, Grossetête, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Inglewood, Jarzembowski, Jeggle, Karas, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Koch, Korhola, Lamassoure, Langen, Langenhagen, Lechner, Lisi, Lulling, Maat, Mann Thomas, Marini, Marinos, Marques, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pérez Álvarez, Perry, Pirker, Piscarreta, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Sommer, Stevenson, Stockton, Sudre, Suominen, Tajani, Tannock, Theato, Twinn, Van Orden, van Velzen, de Veyrinas, Villiers, Vlasto, Wenzel-Perillo, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Dehousse

UEN: Camre, Queiró

Abstention: 6

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

ELDR: Nordmann

Moraes report A5-0445/2003

Amendment 4

For: 209

EDD: Belder, van Dam

ELDR: Andreasen, Busk, De Clercq, Formentini, Jensen, Manders, Mulder, Nordmann, Plooij-van Gorsel, Riis-Jørgensen, Sbarbati, Sterckx, Sørensen, Van Hecke

NI: Berthu, Hager, Ilgenfritz, Kronberger, de La Perriere, Souchet

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Avilés Perea, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gemelli, 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, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Koch, Korhola, Kratsa-Tsagaropoulou, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Dehousse, van Hulten, Kinnock, O'Toole, Paasilinna, Skinner, Stihler, Watts, Zimeray

UEN: Berlato, Bigliardo, Camre, Collins, Crowley, Ó Neachtain, Poli Bortone, Queiró, Ribeiro e Castro

Against: 238

EDD: Abitbol, Andersen, Bernié, Bonde, Butel, Esclopé, Kuntz, Mathieu, Saint-Josse, Sandbæk

ELDR: Attwooll, Calò, Costa Paolo, Davies, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Ludford, Lynne, Maaten, Malmström, Monsonís Domingo, Newton Dunn, Olsson, Paulsen, Pesälä, Pohjamo, Procacci, Ries, Rutelli, Thors, Väyrynen, Vallvé, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta, Wurtz

NI: Bonino, Cappato, Claeys, Dell'Alba, Dillen, Dupuis, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Lang, Martinez, Pannella, Stirbois, Turco

PPE-DE: Lamassoure, Schmitt

PSE: Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bullmann, Campos, Carlotti, Casaca, Cashman, Cercas, Colom i Naval, Corbey, De Keyser, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lavarra, Linkohr, Lund, McAvan, McCarthy, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miranda de Lage, Moraes, Müller, Myller, Napoletano, Paciotti, Piecyk, Pittella, Poignant, Poos, Prets, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schulz, Simpson, Soares, Sornosa Martínez, Souladakis, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Vairinhos, Van Lancker, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba

UEN: Thomas-Mauro

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Breyer, Buitenweg, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Hudghton, Isler Béguin, Lagendijk, Lambert, Lannoye, MacCormick, McKenna, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Abstention: 3

NI: Garaud

PPE-DE: Matikainen-Kallström

PSE: Ceyhun

Moraes report A5-0445/2003

Paragraph 32, 1st part

For: 243

EDD: Andersen, Bonde, Sandbæk

ELDR: Attwooll, Calò, Costa Paolo, Davies, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Ludford, Lynne, Maaten, Malmström, Monsonís Domingo, Mulder, Newton Dunn, Olsson, Paulsen, Pesälä, Pohjamo, Procacci, Ries, Rutelli, Sbarbati, Thors, Väyrynen, Vallvé, Virrankoski, Wallis

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Naïr, Patakis, Puerta, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta, Wurtz

NI: Bonino, Cappato, Dell'Alba, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Cocilovo, Marini, Perry

PSE: Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Casaca, Cashman, Cercas, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Howitt, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lavarra, Linkohr, Lund, McAvan, McCarthy, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Myller, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Vairinhos, Van Lancker, Walter, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

UEN: Berlato, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Ó Neachtain, Poli Bortone, Queiró, Ribeiro e Castro

Verts/ALE: Aaltonen, Boumediene-Thiery, Buitenweg, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Hudghton, Isler Béguin, Lagendijk, Lambert, Lannoye, MacCormick, McKenna, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 204

EDD: Abitbol, Belder, Bernié, Butel, van Dam, Esclopé, Kuntz, Mathieu, Saint-Josse

ELDR: Andreasen, Busk, Jensen, Manders, Nordmann, Plooij-van Gorsel, Riis-Jørgensen, Sterckx, Sørensen, Watson

GUE/NGL: Scarbonchi

NI: Berthu, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Kronberger, Lang, de La Perriere, Martinez, Souchet, Stirbois

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Avilés Perea, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, von Boetticher, Bowis, Bradbourn, Bremmer, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Foster, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Koch, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Ford

UEN: Angelilli, Camre, Thomas-Mauro

Abstention: 2

ELDR: Van Hecke

PSE: Ceyhun

Moraes report A5-0445/2003

Paragraph 32, 2nd part

For: 233

EDD: Andersen, Bonde, Sandbæk

ELDR: Attwooll, Calò, Costa Paolo, Davies, Duff, Dybkjær, Flesch, Formentini, Ludford, Lynne, Malmström, Monsonís Domingo, Newton Dunn, Olsson, Paulsen, Pesälä, Pohjamo, Procacci, Ries, Rutelli, Sbarbati, Thors, Väyrynen, Vallvé, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta, Wurtz

NI: Bonino, Cappato, Dell'Alba, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PSE: Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bullmann, Campos, Carlotti, Casaca, Cashman, Cercas, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lavarra, Linkohr, Lund, McAvan, McCarthy, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Myller, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Vairinhos, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Hudghton, Isler Béguin, Lagendijk, Lambert, Lannoye, MacCormick, McKenna, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 223

EDD: Abitbol, Belder, Bernié, Butel, van Dam, Esclopé, Kuntz, Mathieu, Saint-Josse

ELDR: Andreasen, Busk, De Clercq, Gasòliba i Böhm, Jensen, Maaten, Manders, Mulder, Nordmann, Plooijvan Gorsel, Riis-Jørgensen, Sterckx, Sørensen, Van Hecke

NI: Berthu, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Kronberger, Lang, de La Perriere, Martinez, Souchet, Stirbois

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Avilés Perea, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gemelli, 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, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Koch, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Angelilli, Berlato, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Ó Neachtain, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro

Moraes report A5-0445/2003

Resolution

For: 255

EDD: Andersen, Bernié, Bonde, Butel, Esclopé, Saint-Josse, Sandbæk

ELDR: Attwooll, Calò, Costa Paolo, Davies, Duff, Dybkjær, Formentini, Gasòliba i Böhm, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Olsson, Paulsen, Pesälä, Procacci, Rutelli, Sbarbati, Thors, Vallvé, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Brie, Caudron, Di Lello Finuoli, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Marset Campos, Meijer, Modrow, Naïr, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta, Wurtz

NI: Bonino, Cappato, Dell'Alba, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Cocilovo, Costa Raffaele, Cushnahan, Gouveia, Marini

PSE: Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Casaca, Cashman, Cercas, Ceyhun, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lavarra, Linkohr, Lund, McAvan, McCarthy, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Myller, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Vairinhos, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

UEN: Berlato, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Muscardini, Nobilia, Ó Neachtain, Poli Bortone, Ribeiro e Castro

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Hudghton, Isler Béguin, Lagendijk, Lambert, Lannoye, MacCormick, McKenna, Maes, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 192

EDD: Abitbol, Belder, van Dam, Kuntz, Mathieu

ELDR: Nordmann, Plooij-van Gorsel, Van Hecke

NI: Berthu, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Lang, de La Perriere, Martinez, Souchet, Stirbois

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Avilés Perea, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Daul, Deprez, Descamps, De Veyrac, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Koch, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Nisticò, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Angelilli, Camre, Queiró, Thomas-Mauro

Abstention: 20

ELDR: Andreasen, Busk, De Clercq, Flesch, Jensen, Pohjamo, Ries, Riis-Jørgensen, Sterckx, Sørensen, Väyrynen

GUE/NGL: Alyssandrakis, Bordes, Cauquil, Laguiller, Patakis

NI: Kronberger

PPE-DE: Banotti, De Sarnez, Wijkman

Pirker report A5-0419/2003

Paragraph 4

For: 277

ELDR: Costa Paolo, De Clercq, Gasòliba i Böhm, Maaten, Manders, Mulder, Newton Dunn, Plooij-van Gorsel, Procacci, Ries, Riis-Jørgensen, Rutelli, Sterckx, Väyrynen, Van Hecke, Watson

NI: Hager, Ilgenfritz, Kronberger, de La Perriere

PPE-DE: Almeida Garrett, Andria, Arvidsson, Avilés Perea, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, von Boetticher, Bourlanges, Bremmer, Brienza, Brok, Camisón Asensio, Cardoso, Coelho, Cornillet, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Doyle, Ebner, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Fourtou, Gahler, García-Margallo y Marfil, Gargani, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grosch, Grossetête, Gutiérrez-Cortines, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Koch, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Morillon, Musotto, Naranjo Escobar, Nassauer, Oomen-Ruijten, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Pirker, Piscarreta, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Santer, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Sudre, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Wenzel-Perillo, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bullmann, Campos, Carlotti, Casaca, Cashman, Cercas, Ceyhun, Colom i Naval, Corbett, Corbey, De Keyser, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Guy-Quint, Hänsch, Haug, Hoff, Honeyball, Howitt, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lavarra, Linkohr, Lund, McAvan, McCarthy, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Myller, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Savary, Scheele, Schmid Gerhard, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Titley, Torres Marques, Vairinhos, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

UEN: Angelilli, Bigliardo, Crowley, Muscardini, Queiró, Ribeiro e Castro

Against: 129

EDD: Abitbol, Andersen, Belder, Bernié, Bonde, Butel, van Dam, Esclopé, Kuntz, Mathieu, Saint-Josse, Sandbæk

ELDR: Andreasen, Attwooll, Busk, Calò, Davies, Duff, Dybkjær, Flesch, Formentini, Jensen, Ludford, Lynne, Malmström, Monsonís Domingo, Olsson, Paulsen, Pesälä, Pohjamo, Sbarbati, Sørensen, Thors, Virrankoski, Wallis

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta, Wurtz

NI: Berthu, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Lang, Martinez, Souchet, Stirbois

PPE-DE: Cederschiöld, Grönfeldt Bergman, Korhola, Provan, Sacrédeus, Stenmarck, Suominen, Vlasto

PSE: Andersson, Dehousse, Färm, Hedkvist Petersen, Karlsson, Sandberg-Fries, Theorin

UEN: Camre, Fitzsimons, Ó Neachtain, Poli Bortone, Thomas-Mauro

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Hudghton, Isler Béguin, Lagendijk, Lambert, Lannoye, MacCormick, McKenna, Maes, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Abstention: 47

ELDR: Nordmann, Vallvé

NI: Bonino, Borghezio, Cappato, Dell'Alba, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Dover, Elles, Evans Jonathan, Foster, García-Orcoyen Tormo, Goodwill, Hannan, Harbour, Heaton-Harris, Inglewood, Khanbhai, Montfort, Nicholson, Parish, Perry, Pomés Ruiz, Purvis, Scallon, Stevenson, Stockton, Sturdy, Tannock, Twinn, Van Orden, Villiers

PSE: Schulz

UEN: Collins, Hyland

Pirker report A5-0419/2003

Amendment 3

For: 260

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

ELDR: Andreasen, Attwooll, Busk, Calò, Davies, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Malmström, Monsonís Domingo, Mulder, Newton Dunn, Olsson, Paulsen, Pesälä, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sbarbati, Sterckx, Sørensen, Thors, Vallvé, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta, Wurtz

NI: Bonino, Cappato, Dell'Alba, Dupuis, Garaud, Gorostiaga Atxalandabaso, Hager, Pannella, Turco

PPE-DE: Cushnahan, Korhola, Sacrédeus, Wijkman

PSE: Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Casaca, Cashman, Cercas, Colom i Naval, Corbett, Corbey, De Keyser, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lavarra, Linkohr, Lund, McAvan, McCarthy, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Myller, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Vairinhos, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

UEN: Collins, Crowley, Fitzsimons, Hyland, Muscardini, Ó Neachtain

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Hudghton, Isler Béguin, Lagendijk, Lambert, Lannoye, MacCormick, McKenna, Maes, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 202

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

ELDR: Manders, Nordmann, Plooij-van Gorsel, Väyrynen

NI: Berthu, Borghezio, Claeys, Dillen, de Gaulle, Gollnisch, Ilgenfritz, Kronberger, Lang, de La Perriere, Martinez, Souchet, Stirbois

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Avilés Perea, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Foster, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gemelli, Gil-Robles Gil-Delgado, Glase, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Koch, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Nisticò, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Angelilli, Berlato, Bigliardo, Camre, Nobilia, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro

Abstention: 2

PSE: Ceyhun, Dehousse

Pirker report A5-0419/2003

Amendment 4

For: 119

EDD: Andersen, Bonde, Sandbæk

ELDR: Costa Paolo, Dybkjær, Flesch, Formentini, Jensen, Maaten, Malmström, Olsson, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rutelli, Sbarbati, Sterckx, Vallvé, Van Hecke, Virrankoski, Watson

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta, Wurtz

NI: Gorostiaga Atxalandabaso

PPE-DE: Andria, Berend, Cardoso, Cushnahan, Musotto, Suominen, Zabell

PSE: Aparicio Sánchez, Baltas, Berger, Bösch, Bowe, Cercas, Corbey, De Keyser, Duhamel, El Khadraoui, Glante, Imbeni, Keßler, Koukiadis, Lund, Marinho, Mendiluce Pereiro, Myller, Prets, Scheele

UEN: Collins, Fitzsimons, Hyland, Ó Neachtain

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Hudghton, Isler Béguin, Lagendijk, Lambert, Lannoye, MacCormick, McKenna, Maes, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 333

EDD: Abitbol, Belder, Bernié, Butel, van Dam, Esclopé, Kuntz, Saint-Josse

ELDR: Andreasen, Busk, Calò, Davies, De Clercq, Duff, Gasòliba i Böhm, Ludford, Lynne, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Plooij-van Gorsel, Ries, Sørensen, Väyrynen, Wallis

NI: Berthu, Bonino, Cappato, Claeys, Dell'Alba, Dillen, Dupuis, de Gaulle, Gollnisch, Ilgenfritz, Lang, de La Perriere, Martinez, Pannella, Souchet, Stirbois, Turco

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Avilés Perea, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gemelli, 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, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Koch, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Naranjo Escobar, Nassauer, Nisticò, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Berenguer Fuster, van den Berg, Bullmann, Campos, Carlotti, Casaca, Cashman, Ceyhun, Colom i Naval, Corbett, Dehousse, Dührkop Dührkop, Duin, Ettl, Evans Robert J.E., Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Kindermann, Kinnock, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lavarra, Linkohr, McAvan, McCarthy, Malliori, Mann Erika, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Vairinhos, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

UEN: Angelilli, Berlato, Bigliardo, Camre, Crowley, Muscardini, Nobilia, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro

Abstention: 7

ELDR: Attwooll

NI: Borghezio, Garaud

PPE-DE: Balfe, Dover, Nicholson

PSE: Ferreira

Pirker report A5-0419/2003

Paragraph 17

For: 299

EDD: Abitbol, Andersen, Bonde, Kuntz, Sandbæk

ELDR: Nordmann, Väyrynen

GUE/NGL: Figueiredo, Manisco, Patakis

NI: Berthu, Garaud, Ilgenfritz, Kronberger, Souchet

PPE-DE: Almeida Garrett, Banotti, Bartolozzi, Bayona de Perogordo, von Boetticher, Bourlanges, Bremmer, Brienza, Brok, Camisón Asensio, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Doyle, Ebner, Evans Jonathan, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Koch, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marini, Marques, Martens, Martin Hugues, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nisticò, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Pirker, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Rovsing, Rübig, Sacrédeus, Santer, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stockton, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wenzel-Perillo, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Casaca, Cashman, Cercas, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, Dührkop Dührkop, Duin, Ettl, Evans Robert J.E., Färm, Fava, Ford, Gebhardt, Glante, Goebbels, Görlach, Gröner, Hänsch, Haug, Hedkvist Petersen, Hoff, Honeyball, Howitt, van Hulten, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Linkohr, Lund, McAvan, McCarthy, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Müller, Myller, Napoletano, O'Toole, Paasilinna, Paciotti, Piecyk, Pittella, Poos, Prets, Rapkay, Read, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Vairinhos, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba

UEN: Angelilli, Collins, Crowley, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Thomas-Mauro

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Breyer, Buitenweg, Celli, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Hudghton, Isler Béguin, Lagendijk, Lambert, Lannoye, MacCormick, McKenna, Maes, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 136

EDD: Belder, Bernié, Butel, van Dam, Esclopé, Saint-Josse

ELDR: Andreasen, Attwooll, Busk, Calò, Davies, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sbarbati, Sterckx, Sørensen, Thors, Vallvé, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Laguiller, Markov, Marset Campos, Meijer, Modrow, Naïr, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta, Wurtz

NI: Bonino, Cappato, Claeys, Dell'Alba, Dillen, Dupuis, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Hager, Lang, de La Perriere, Martinez, Pannella, Stirbois, Turco

PPE-DE: Andria, Arvidsson, Atkins, Avilés Perea, Balfe, Beazley, Berend, Bowis, Bushill-Matthews, Callanan, Cederschiöld, Chichester, Corrie, Dover, Foster, Goodwill, Graça Moura, Grönfeldt Bergman, Hannan, Heaton-Harris, Helmer, Khanbhai, Marinos, Matikainen-Kallström, Montfort, Nicholson, Parish, Perry, Provan, Purvis, Radwan, Stevenson, Sturdy, Tannock, Twinn, Van Orden, Villiers

PSE: El Khadraoui, Stockmann, Van Lancker, Zimeray

UEN: Bigliardo, Camre, Fitzsimons, Hyland, Ó Neachtain, Poli Bortone

Verts/ALE: Dhaene

Abstention: 18

NI: Borghezio

PPE-DE: Bradbourn, Scallon

PSE: Berès, Carlotti, Ceyhun, Duhamel, Ferreira, Fruteau, Garot, Gillig, Guy-Quint, Hazan, Lavarra, Patrie, Poignant, Rocard, Savary

Pirker report A5-0419/2003

Amendment 5, 1st part

For: 421

EDD: Abitbol, Andersen, Belder, Bonde, van Dam, Kuntz, Mathieu, Sandbæk

ELDR: Andreasen, Attwooll, Busk, Calò, Costa Paolo, Davies, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sbarbati, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Naïr, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta, Wurtz

NI: Bonino, Cappato, Dell'Alba, Dupuis, Garaud, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Pannella, Turco

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Avilés Perea, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, von Boetticher, Bourlanges, Bowis, Bremmer, Brienza, Brok, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Doyle, Ebner, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Harbour, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Klaß, Koch, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nisticò, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Perry, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Rovsing, Rübig, Sacrédeus, Santer, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Smet, Sommer, Stenmarck, Stevenson, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wenzel-Perillo, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Casaca, Cashman, Cercas, Ceyhun, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, van Hulten, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Linkohr, Lund, McAvan, McCarthy, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Myller, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Vairinhos, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

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

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Hudghton, Isler Béguin, Lagendijk, Lambert, MacCormick, McKenna, Maes, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 23

NI: Berthu, Borghezio, Claeys, Dillen, de Gaulle, Gollnisch, Lang, de La Perriere, Martinez, Souchet, Stirbois

PPE-DE: Callanan, Dover, Goodwill, Hannan, Heaton-Harris, Helmer, Nicholson, Sturdy, Tannock, Twinn, Van Orden

UEN: Camre

Abstention: 13

EDD: Bernié, Butel, Esclopé, Saint-Josse

PPE-DE: Bradbourn, Corrie, Elles, Evans Jonathan, Khanbhai, Provan, Purvis, Scallon, Stockton

Pirker report A5-0419/2003

Amendment 5, 2nd part

For: 204

EDD: Andersen, Bonde, Sandbæk

ELDR: Costa Paolo

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta, Wurtz

NI: Bonino, Cappato, Dell'Alba, Dupuis, Gorostiaga Atxalandabaso, Pannella, Turco

PPE-DE: Cushnahan

PSE: Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Casaca, Cashman, Cercas, Colom i Naval, Corbett, Corbey, De Keyser, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lavarra, Linkohr, Lund, McAvan, McCarthy, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miranda de Lage, Moraes, Müller, Myller, Napoletano, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Vairinhos, Van Lancker, Volcic, Walter, Wiersma, Wynn, Zimeray, Zorba

UEN: Bigliardo

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Gahrton, Hudghton, Isler Béguin, Lagendijk, Lambert, Lannoye, MacCormick, McKenna, Maes, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 248

EDD: Abitbol, Belder, Bernié, Butel, van Dam, Esclopé, Kuntz, Saint-Josse

ELDR: Andreasen, Attwooll, Busk, Calò, Davies, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Malmström, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sbarbati, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Virrankoski, Wallis, Watson

NI: Berthu, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Lang, de La Perriere, Martinez, Souchet, Stirbois

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Avilés Perea, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gemelli, 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, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Koch, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Nisticò, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Dehousse, Miller, O'Toole, Skinner, Watts, Whitehead

UEN: Angelilli, Camre, Collins, Crowley, Fitzsimons, Hyland, Muscardini, Nobilia, Ó Neachtain, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro

Abstention: 2

PPE-DE: Provan

PSE: Ceyhun

Pirker report A5-0419/2003

Recital G

For: 459

EDD: Andersen, Belder, Bernié, Bonde, Butel, van Dam, Esclopé, Mathieu, Saint-Josse, Sandbæk

ELDR: Andreasen, Attwooll, Busk, Calò, Costa Paolo, Davies, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Ries, Riis-Jørgensen, Rutelli, Sbarbati, Sterckx, Sørensen, Thors, Vallvé, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Naïr, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta, Wurtz

NI: Berthu, Bonino, Borghezio, Cappato, Claeys, Dell'Alba, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Lang, de La Perriere, Martinez, Pannella, Souchet, Stirbois, Turco

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Avilés Perea, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gemelli, 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, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Koch, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Nisticò, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Casaca, Cashman, Cercas, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lavarra, Linkohr, Lund, McAvan, McCarthy, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Myller, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Vairinhos, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

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

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Hudghton, Isler Béguin, Lagendijk, Lambert, Lannoye, MacCormick, McKenna, Maes, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 2

EDD: Kuntz

UEN: Poli Bortone

Abstention: 2

EDD: Abitbol

PSE: Ceyhun

Glase report A5-0448/2003

Amendment 2

For: 123

EDD: Andersen, Bernié, Bonde, Butel, Esclopé, Mathieu, Saint-Josse, Sandbæk

ELDR: Andreasen, Attwooll, Busk, Calò, Costa Paolo, Davies, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Monsonís Domingo, Mulder, Newton Dunn, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sbarbati, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Naïr, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta, Wurtz

NI: Claeys, Dillen, Gollnisch, Gorostiaga Atxalandabaso, Lang, Martinez, Stirbois

PPE-DE: Fatuzzo, Florenz, McCartin

PSE: Dehousse, Glante, Mendiluce Pereiro

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Hudghton, Isler Béguin, Lagendijk, Lambert, Lannoye, MacCormick, McKenna, Maes, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 329

EDD: Abitbol, Belder, van Dam, Kuntz

ELDR: Nordmann

NI: Berthu, Garaud, Hager, Ilgenfritz, Kronberger, de La Perriere, Souchet

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Avilés Perea, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Foster, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gemelli, 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, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Koch, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Lulling, Maat, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Nisticò, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Casaca, Cashman, Cercas, Ceyhun, Colom i Naval, Corbett, Corbey, De Keyser, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lavarra, Linkohr, Lund, McAvan, McCarthy, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Myller, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Vairinhos, Van Lancker, Volcic, Walter, Watts, Weiler, Wiersma, Wynn, Zimeray, Zorba

UEN: Angelilli, Berlato, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Muscardini, Nobilia, Ó Neachtain, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro

Abstention: 8

ELDR: Manders

NI: Bonino, Borghezio, Cappato, Dell'Alba, Dupuis, Pannella, Turco

Glase report A5-0448/2003

Amendment 3

For: 75

EDD: Andersen, Bernié, Bonde, Butel, Esclopé, Mathieu, Saint-Josse, Sandbæk

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta, Wurtz

NI: Gorostiaga Atxalandabaso

PSE: Dehousse, Mendiluce Pereiro

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Breyer, Buitenweg, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Hudghton, Isler Béguin, Lagendijk, Lambert, Lannoye, MacCormick, McKenna, Maes, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 371

EDD: Abitbol, Belder, van Dam, Kuntz

ELDR: Andreasen, Attwooll, Busk, Calò, Costa Paolo, Davies, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sbarbati, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Virrankoski, Wallis, Watson

NI: Berthu, Garaud, Hager, Ilgenfritz, Kronberger, de La Perriere, Souchet

PPE-DE: Andria, Arvidsson, Atkins, Avilés Perea, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gemelli, 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, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Koch, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nisticò, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Casaca, Cashman, Cercas, Ceyhun, Colom i Naval, Corbett, Corbey, De Keyser, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lavarra, Linkohr, Lund, McAvan, McCarthy, Malliori, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Myller, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Vairinhos, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

UEN: Angelilli, Berlato, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Muscardini, Nobilia, Ó Neachtain, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro

Abstention: 13

NI: Bonino, Borghezio, Cappato, Claeys, Dell'Alba, Dillen, Dupuis, Gollnisch, Lang, Martinez, Pannella, Stirbois, Turco

Purvis report A5-0476/2003

Resolution

For: 344

EDD: Abitbol, Kuntz

ELDR: Andreasen, Attwooll, Busk, Calò, Costa Paolo, Davies, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sbarbati, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Virrankoski, Wallis, Watson

NI: Berthu, Bonino, Cappato, Dell'Alba, Dupuis, Garaud, Hager, Ilgenfritz, Kronberger, de La Perriere, Pannella, Souchet, Turco

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Corrie, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Gahler, García-Margallo y Marfil, Gargani, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Inglewood, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Klaß, Koch, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Nisticò, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Aparicio Sánchez, Baltas, Berenguer Fuster, van den Berg, Berger, Bösch, Bowe, Campos, Casaca, Cashman, Cercas, Ceyhun, Colom i Naval, Corbett, Corbey, De Keyser, Díez González, Dührkop Dührkop, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ford, Gebhardt, Glante, Goebbels, Gröner, Hänsch, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hume, Iivari, Imbeni, Izquierdo Collado, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kuhne, Lage, Lavarra, Linkohr, Lund, McAvan, McCarthy, Malliori, Mann Erika, Marinho, Mastorakis, Medina Ortega, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Myller, Napoletano, O'Toole, Paasilinna, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Rapkay, Read, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Vairinhos, Van Lancker, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

UEN: Angelilli, Berlato, Camre, Crowley, Muscardini, Nobilia, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro

Against: 69

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

GUE/NGL: Alyssandrakis, Bergaz Conesa, Bordes, Caudron, Cauquil, Di Lello Finuoli, Figueiredo, Krarup, Laguiller, Manisco, Meijer, Naïr, Patakis, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta

NI: Lang, Stirbois

PSE: Berès, Carlotti, Duhamel, Ferreira, Fruteau, Garot, Gillig, Görlach, Guy-Quint, Haug, Hazan, Lalumière, Martin Hans-Peter, Mendiluce Pereiro, Rocard, Roure

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Isler Béguin, Lagendijk, Lambert, Lannoye, McKenna, Maes, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Sörensen, Turmes, Wuori, Wyn

Abstention: 24

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

GUE/NGL: Ainardi, Bakopoulos, Blak, Brie, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Marset Campos, Modrow, Puerta, Wurtz

NI: Borghezio, Gorostiaga Atxalandabaso, Martinez

PSE: Dehousse, Paciotti

Verts/ALE: MacCormick

B5-0016/2004 — RC — Zimbabwe

For: 66

EDD: Belder

ELDR: Lynne, Maaten, Manders

GUE/NGL: Koulourianos, Meijer

NI: Berthu

PPE-DE: Andria, Arvidsson, Balfe, Bowis, Camisón Asensio, Coelho, Cushnahan, Daul, Elles, Flemming, Gahler, Goepel, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Jeggle, Karas, Keppelhoff-Wiechert, Klaß, Korhola, Kratsa-Tsagaropoulou, McCartin, Mann Thomas, Mayer Hans-Peter, Menrad, Nassauer, Nicholson, Pomés Ruiz, Posselt, Purvis, Rübig, Schierhuber, Schröder Jürgen, Stenmarck, Sudre, Vlasto, Zimmerling

PSE: Baltas, Bullmann, Dehousse, Ettl, Ford, Gebhardt, Gillig, Junker, Kindermann, Lage, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Scheele, Souladakis, Swoboda

UEN: Collins, Ribeiro e Castro

Verts/ALE: Isler Béguin, Maes, Onesta

Against: 4

EDD: Sandbæk

Verts/ALE: Echerer, Ferrández Lezaun, Lagendijk

Abstention: 2

GUE/NGL: Caudron

NI: Gorostiaga Atxalandabaso

B5-0014/2004 — RC — Burundi

For: 72

EDD: Sandbæk

ELDR: Lynne, Maaten, Manders

GUE/NGL: Caudron, Koulourianos, Meijer

NI: Berthu, Gorostiaga Atxalandabaso

PPE-DE: Andria, Arvidsson, Balfe, Bowis, Camisón Asensio, Coelho, Cushnahan, Daul, Elles, Flemming, Gahler, Goepel, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Jeggle, Karas, Keppelhoff-Wiechert, Klaß, Korhola, Kratsa-Tsagaropoulou, McCartin, Mann Thomas, Mayer Hans-Peter, Menrad, Nassauer, Nicholson, Pomés Ruiz, Posselt, Purvis, Rübig, Schierhuber, Schröder Jürgen, Sommer, Stenmarck, Sudre, Vlasto, Zimmerling

PSE: Baltas, Bullmann, Dehousse, Ettl, Ford, Gebhardt, Gillig, Junker, Kindermann, Lage, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Scheele, Souladakis, Swoboda

UEN: Collins, Ribeiro e Castro

Verts/ALE: Echerer, Ferrández Lezaun, Isler Béguin, Lagendijk, Maes, Onesta

Abstention: 1

EDD: Belder

B5-0015/2004 — RC — Haiti

For: 73

EDD: Belder, Sandbæk

ELDR: Lynne, Maaten, Manders

GUE/NGL: Caudron, Koulourianos, Meijer

NI: Berthu, Gorostiaga Atxalandabaso

PPE-DE: Andria, Arvidsson, Balfe, Bowis, Camisón Asensio, Coelho, Cushnahan, Daul, Elles, Flemming, Gahler, Goepel, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Jeggle, Karas, Keppelhoff-Wiechert, Klaß, Korhola, Kratsa-Tsagaropoulou, McCartin, Mann Thomas, Mayer Hans-Peter, Menrad, Nassauer, Nicholson, Pomés Ruiz, Posselt, Purvis, Rübig, Schierhuber, Schröder Jürgen, Sommer, Stenmarck, Sudre, Vlasto, Zimmerling

PSE: Baltas, Bullmann, Dehousse, Ettl, Ford, Gebhardt, Gillig, Junker, Kindermann, Lage, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Scheele, Souladakis, Swoboda

UEN: Collins, Ribeiro e Castro

Verts/ALE: Echerer, Ferrández Lezaun, Isler Béguin, Lagendijk, Maes, Onesta

---

TEXTS ADOPTED

P5_TA(2004)0024

Dock dues in the French overseas departments *

Proposal for a Council decision on the system of dock dues in the French overseas departments and extending Decision 89/688/EEC (COM(2003) 792 — C5-0656/2003 — 2003/0308(CNS))

(Consultation procedure)

The proposal was approved.

P5_TA(2004)0025

VAT on certain highly labour-intensive services *

European Parliament legislative resolution on the proposal for a Council directive amending Directive 77/388/EEC to extend the facility allowing Member States to apply reduced rates of VAT to certain labour-intensive services (COM(2003) 825 — C5-0653/2003 — 2003/0317(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 825) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 825) (1),

| — | having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0653/2003), |
| --- | --- |

—

having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0653/2003),

| — | having regard to its position of 4 December 2003 on the proposal for a Council directive amending Directive 77/388/EEC as regards reduced rates of value added tax (2), |
| --- | --- |

—

having regard to its position of 4 December 2003 on the proposal for a Council directive amending Directive 77/388/EEC as regards reduced rates of value added tax (2),

| — | having regard to Rules 67 and 158(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 158(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A5-0001/2004), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A5-0001/2004),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 3. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

3.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 4. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

4.

Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

(2)  P5_TA(2003)0547.

P5_TA(2004)0026

Mutual assistance in direct and indirect taxation ***I

European Parliament legislative resoluion on the proposal for a European Parliament and Council directive amending Directive 77/799/EEC concerning mutual assistance by the competent authorities of the Member States in the field of direct and indirect taxation (COM(2003) 446 — C5-0370/2003 — 2003/0170(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 446) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 446) (1),

| — | having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0370/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0370/2003),

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0466/2003), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0466/2003),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

P5_TA(2004)0027

Job creation by the service sector

European Parliament resolution on the development of the services sector for job creation (2003/2132(INI))

The European Parliament,

| — | having regard to the Presidency Conclusions of the Lisbon European Council of 23 and 24 March 2000, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Lisbon European Council of 23 and 24 March 2000,

| — | having regard to the Presidency Conclusions of the Santa Maria da Feira European Council of 19 and 20 June 2000, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Santa Maria da Feira European Council of 19 and 20 June 2000,

| — | having regard to the Presidency Conclusions of the Nice European Council of 7 and 10 December 2000, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Nice European Council of 7 and 10 December 2000,

| — | having regard to the Presidency Conclusions of the Stockholm European Council of 23 and 24 March 2001, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Stockholm European Council of 23 and 24 March 2001,

| — | having regard to the Presidency Conclusions of the Brussels European Council of 20 and 21 March 2003, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Brussels European Council of 20 and 21 March 2003,

| — | having regard to the Presidency Conclusions of the Thessaloniki European Council of 19 and 20 June 2003, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Thessaloniki European Council of 19 and 20 June 2003,

| — | having regard to the Commission Communication entitled ‘An Internal Market Strategy for Services‧ (COM(2000) 888), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘An Internal Market Strategy for Services‧ (COM(2000) 888),

| — | having regard to the Commission Communication entitled ‘Consumer policy strategy 2002—2006‧ (COM(2002) 208) (1), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Consumer policy strategy 2002—2006‧ (COM(2002) 208) (1),

| — | having regard to the Commission Communication entitled ‘the State of the Internal Market for Services‧ (COM(2002) 441), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘the State of the Internal Market for Services‧ (COM(2002) 441),

| — | having regard to the Commission Communication entitled “The future of the European Employment Strategy (EES), ‘A strategy for full employment and better jobs for all‧” (COM(2003) 6), |
| --- | --- |

—

having regard to the Commission Communication entitled “The future of the European Employment Strategy (EES), ‘A strategy for full employment and better jobs for all‧” (COM(2003) 6),

| — | having regard to the Commission report entitled ‘the implementation of the European Charter for Small Enterprises‧ (COM(2003) 21), |
| --- | --- |

—

having regard to the Commission report entitled ‘the implementation of the European Charter for Small Enterprises‧ (COM(2003) 21),

| — | having regard to the Commission Green Paper — Entrepreneurship in Europe (COM(2003) 27), |
| --- | --- |

—

having regard to the Commission Green Paper — Entrepreneurship in Europe (COM(2003) 27),

| — | having regard to the Commission Green Paper on services of general interest (COM(2003) 270), |
| --- | --- |

—

having regard to the Commission Green Paper on services of general interest (COM(2003) 270),

| — | having regard to the Commission report ‘XXXIInd Report on Competition Policy 2002‧ (SEC(2003) 467), |
| --- | --- |

—

having regard to the Commission report ‘XXXIInd Report on Competition Policy 2002‧ (SEC(2003) 467),

| — | having regard to the Commission Communication entitled ‘Innovation in a knowledge-driven economy‧ (COM(2000) 567), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Innovation in a knowledge-driven economy‧ (COM(2000) 567),

| — | having regard to the guidelines for Member States' employment policies for the years 2000 (2), 2001 (3), 2002 (4) and 2003 (5), |
| --- | --- |

—

having regard to the guidelines for Member States' employment policies for the years 2000 (2), 2001 (3), 2002 (4) and 2003 (5),

| — | having regard to the Member States' National Action Plans for 2000, 2001 and 2002, |
| --- | --- |

—

having regard to the Member States' National Action Plans for 2000, 2001 and 2002,

| — | having regard to the opinion of the Economic and Social Committee on the ‘Proposal for guidelines for Member States' employment policies 2000‧ (COM(1999) 441), |
| --- | --- |

—

having regard to the opinion of the Economic and Social Committee on the ‘Proposal for guidelines for Member States' employment policies 2000‧ (COM(1999) 441),

| — | having regard to Rule 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Legal Affairs and the Internal Market and the Committee on Women's Rights and Equal Opportunities (A5-0479/2003), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Legal Affairs and the Internal Market and the Committee on Women's Rights and Equal Opportunities (A5-0479/2003),

| A. | whereas the Nice and Stockholm European Councils emphasised the fact that the field of services of general economic interest ought not to remain undeveloped, but should respond to rapid changes in the economic, knowledge and technological environment, |
| --- | --- |

A.

whereas the Nice and Stockholm European Councils emphasised the fact that the field of services of general economic interest ought not to remain undeveloped, but should respond to rapid changes in the economic, knowledge and technological environment,

| B. | stressing the fact that the Brussels European Council (March 2003) recognised the importance of innovation in developing new products, services and ways of doing business, |
| --- | --- |

B.

stressing the fact that the Brussels European Council (March 2003) recognised the importance of innovation in developing new products, services and ways of doing business,

| C. | whereas the Thessaloniki European Council called for greater competitiveness and dynamism through investment in human and physical capital and through improving the economy-wide application of technology and exploitation of research, |
| --- | --- |

C.

whereas the Thessaloniki European Council called for greater competitiveness and dynamism through investment in human and physical capital and through improving the economy-wide application of technology and exploitation of research,

| D. | pointing out that in the guidelines for Member States' employment policies for the year 2000, it was clearly stressed that the Member States ought to develop framework conditions to fully exploit the employment potential of the services sector and industry-related services, |
| --- | --- |

D.

pointing out that in the guidelines for Member States' employment policies for the year 2000, it was clearly stressed that the Member States ought to develop framework conditions to fully exploit the employment potential of the services sector and industry-related services,

| E. | noting that according to the Green Paper on entrepreneurship in Europe, the support and promotion of entrepreneurship plays a key role in the development and provision of services, particularly in the education, health and social insurance sectors, |
| --- | --- |

E.

noting that according to the Green Paper on entrepreneurship in Europe, the support and promotion of entrepreneurship plays a key role in the development and provision of services, particularly in the education, health and social insurance sectors,

| F. | pointing out that the Commission report on competition policy for 2002 stresses that the liberal professions sector (the majority of which are connected with the provision of services) is characterised by a certain level of regulation, either imposed by national governments or self-regulation by the professional bodies, |
| --- | --- |

F.

pointing out that the Commission report on competition policy for 2002 stresses that the liberal professions sector (the majority of which are connected with the provision of services) is characterised by a certain level of regulation, either imposed by national governments or self-regulation by the professional bodies,

| G. | considering that job creation in the services sector presupposes the adjustment of the internal market to the fundamental principles of supply and demand for services, harmonisation with competition policy and further strengthening the internal market, and also requires new models of consumption to be taken into account, with an ever-increasing role for services, |
| --- | --- |

G.

considering that job creation in the services sector presupposes the adjustment of the internal market to the fundamental principles of supply and demand for services, harmonisation with competition policy and further strengthening the internal market, and also requires new models of consumption to be taken into account, with an ever-increasing role for services,

| H. | noting that the Green Paper on services of general interest states that those services which are linked to the welfare state and social protection are a matter for national, regional and local responsibilities, although the role of the Community in promoting cooperation and coordination in these areas is recognised, |
| --- | --- |

H.

noting that the Green Paper on services of general interest states that those services which are linked to the welfare state and social protection are a matter for national, regional and local responsibilities, although the role of the Community in promoting cooperation and coordination in these areas is recognised,

| I. | noting that the Commission made a commitment, in connection with the application of the European Charter for Small Enterprises, to work in close cooperation with the Member States to help them improve the business environment for small businesses through a multiannual programme for enterprise and entrepreneurship, and that this fact has a direct impact on the services sector, |
| --- | --- |

I.

noting that the Commission made a commitment, in connection with the application of the European Charter for Small Enterprises, to work in close cooperation with the Member States to help them improve the business environment for small businesses through a multiannual programme for enterprise and entrepreneurship, and that this fact has a direct impact on the services sector,

| J. | whereas the services sector is currently twice the size of the manufacturing sector in terms of GDP — three times, if social and public services are included — approaching 70 % of GNP, with 65 % of the total of active workers, |
| --- | --- |

J.

whereas the services sector is currently twice the size of the manufacturing sector in terms of GDP — three times, if social and public services are included — approaching 70 % of GNP, with 65 % of the total of active workers,

| K. | emphasising the fact that in the EU today there is considerable untapped potential for job creation in eco-efficient, social and public services, the social economy and third sector service development, |
| --- | --- |

K.

emphasising the fact that in the EU today there is considerable untapped potential for job creation in eco-efficient, social and public services, the social economy and third sector service development,

| L. | emphasising the fact that the EU needs to find more intelligent solutions to labour organisation and productivity in the service sector, with the goal, on the one hand, of improving the relationship between technology and the organisation of labour, and, on the other hand, of improving skills, qualifications, wage structures and the utilisation of human resources so that new technologies become accessible for all employees, |
| --- | --- |

L.

emphasising the fact that the EU needs to find more intelligent solutions to labour organisation and productivity in the service sector, with the goal, on the one hand, of improving the relationship between technology and the organisation of labour, and, on the other hand, of improving skills, qualifications, wage structures and the utilisation of human resources so that new technologies become accessible for all employees,

| M. | noting that, in the new Member States, the service sector is exceptionally weak, with average employment figures which still fall short of the lowest in the EU Member States, given the fact that adapting this sector to the demands of globalisation requires exceptional care because of the special structural problems in these countries, |
| --- | --- |

M.

noting that, in the new Member States, the service sector is exceptionally weak, with average employment figures which still fall short of the lowest in the EU Member States, given the fact that adapting this sector to the demands of globalisation requires exceptional care because of the special structural problems in these countries,

| N. | noting the differentiation in development rates in the services sectors, with remarkable growth shown by those based on the new technologies, communications and information, as well as by services such as tourism, restaurants, health and beauty services etc., where a high degree of specialisation among workers can be found, |
| --- | --- |

N.

noting the differentiation in development rates in the services sectors, with remarkable growth shown by those based on the new technologies, communications and information, as well as by services such as tourism, restaurants, health and beauty services etc., where a high degree of specialisation among workers can be found,

| O. | noting the wide pay differentials between and within these sectors, |
| --- | --- |

O.

noting the wide pay differentials between and within these sectors,

| P. | stressing the fact that there is a geographical variation with regard to the development and provision of services, with the regions lagging markedly behind, a fact which is causing problems for the EU's regional and social convergence, |
| --- | --- |

P.

stressing the fact that there is a geographical variation with regard to the development and provision of services, with the regions lagging markedly behind, a fact which is causing problems for the EU's regional and social convergence,

| Q. | whereas the Commission recognises that a decade after the scheduled completion of the single internal market, there are still numerous and diverse barriers (chiefly of a legal nature) hindering the free movement of workers and the provision of services across borders throughout the Member States, |
| --- | --- |

Q.

whereas the Commission recognises that a decade after the scheduled completion of the single internal market, there are still numerous and diverse barriers (chiefly of a legal nature) hindering the free movement of workers and the provision of services across borders throughout the Member States,

| R. | taking into account the ever-increasing importance of professional mobility and fixed-term employment in the services sector and the fact that this sector represents a reservoir of a large work force for other sectors of the economy, to cover their temporary needs, |
| --- | --- |

R.

taking into account the ever-increasing importance of professional mobility and fixed-term employment in the services sector and the fact that this sector represents a reservoir of a large work force for other sectors of the economy, to cover their temporary needs,

| S. | considering that the availability of high-quality services for all manufacturing sectors should be stepped up, in view of the fact that currently these produce added value for the secondary (processing) sector as well as the primary sector (agriculture) and represent the most important factor for improving the quality of life, |
| --- | --- |

S.

considering that the availability of high-quality services for all manufacturing sectors should be stepped up, in view of the fact that currently these produce added value for the secondary (processing) sector as well as the primary sector (agriculture) and represent the most important factor for improving the quality of life,

| T. | stressing the fact that in consumer sector services we generally see small, labour-intensive enterprises with, traditionally, a greater representation of women in the labour force, |
| --- | --- |

T.

stressing the fact that in consumer sector services we generally see small, labour-intensive enterprises with, traditionally, a greater representation of women in the labour force,

| U. | whereas 80 % of female employment is concentrated in the service sector, which is marked by horizontal segregation, inter alia, 90.4 % of domestic service workers, 71.8 % of health sector workers and 65.4 % of education workers, are female workers; the areas of technologically-based occupations are also marked by gender segregation, |
| --- | --- |

U.

whereas 80 % of female employment is concentrated in the service sector, which is marked by horizontal segregation, inter alia, 90.4 % of domestic service workers, 71.8 % of health sector workers and 65.4 % of education workers, are female workers; the areas of technologically-based occupations are also marked by gender segregation,

| V. | noting that the public services in general and especially those which provide care (for children, the elderly, individuals with special needs), which are currently under pressure from curbs on public expenditure, need to be restrengthened and renewed by means of new activities and types of service, also in the third sector, particularly within the context of the social economy, |
| --- | --- |

V.

noting that the public services in general and especially those which provide care (for children, the elderly, individuals with special needs), which are currently under pressure from curbs on public expenditure, need to be restrengthened and renewed by means of new activities and types of service, also in the third sector, particularly within the context of the social economy,

| W. | pointing out that the growth of the service sector in the past decades has not compensated for the job losses in the industrial sector, as the service sector too has experienced a process of rationalisation; points out that the maintenance of a low-wage service sector implies low quality, low skills and low productivity, which undermine the capacity of the economy to generate innovation, sustainable wealth and social cohesion, |
| --- | --- |

W.

pointing out that the growth of the service sector in the past decades has not compensated for the job losses in the industrial sector, as the service sector too has experienced a process of rationalisation; points out that the maintenance of a low-wage service sector implies low quality, low skills and low productivity, which undermine the capacity of the economy to generate innovation, sustainable wealth and social cohesion,

| 1. | Calls on the Commission to publish a White Paper on the completion of an effective European services sector as rapidly as possible, in order to put forward in a more specific manner policies, presented individually for each service sector, designed to produce the appropriate conditions for job creation in all areas of the services sector (private business services, services of general interest, public services, social economy), especially for sectors of activity which meet the challenges of the future; considers that the Commission should take into account the challenge which the services sector will face in the new Member States within the context of promoting sustainable development and social welfare; |
| --- | --- |

1.

Calls on the Commission to publish a White Paper on the completion of an effective European services sector as rapidly as possible, in order to put forward in a more specific manner policies, presented individually for each service sector, designed to produce the appropriate conditions for job creation in all areas of the services sector (private business services, services of general interest, public services, social economy), especially for sectors of activity which meet the challenges of the future; considers that the Commission should take into account the challenge which the services sector will face in the new Member States within the context of promoting sustainable development and social welfare;

| 2. | Calls on the Commission, together with the Member States, within the framework of the existing coordination method for employment, to promote in addition an open method of coordination for national policies on employment in the services sector, with the specific objective of exchanging information and best practice to determine the most advisable methods to ensure that the labour reserves and the economic potential at the disposal of the services sector can be put to full use throughout the enlarged Union, including the regions lagging behind; |
| --- | --- |

2.

Calls on the Commission, together with the Member States, within the framework of the existing coordination method for employment, to promote in addition an open method of coordination for national policies on employment in the services sector, with the specific objective of exchanging information and best practice to determine the most advisable methods to ensure that the labour reserves and the economic potential at the disposal of the services sector can be put to full use throughout the enlarged Union, including the regions lagging behind;

| 3. | Notes that the principle of mutual recognition and freedom of establishment will be absolutely indispensable to a dynamic European service market and calls upon the Member States to accept this principle in their own economic reform programmes; |
| --- | --- |

3.

Notes that the principle of mutual recognition and freedom of establishment will be absolutely indispensable to a dynamic European service market and calls upon the Member States to accept this principle in their own economic reform programmes;

| 4. | Calls on the governments of the Member States, in cooperation with the social partners, to develop an effective and clear political framework for services and to ensure that suitable policies are implemented (legislation, information services, conditions for entering the labour market, etc.); |
| --- | --- |

4.

Calls on the governments of the Member States, in cooperation with the social partners, to develop an effective and clear political framework for services and to ensure that suitable policies are implemented (legislation, information services, conditions for entering the labour market, etc.);

| 5. | Calls on the Competitiveness Council to give the creation of an internal market for services a much higher priority, and to ensure that proposals such as the sales promotion regulation and the unfair commercial practices directive are given a high priority; |
| --- | --- |

5.

Calls on the Competitiveness Council to give the creation of an internal market for services a much higher priority, and to ensure that proposals such as the sales promotion regulation and the unfair commercial practices directive are given a high priority;

| 6. | Recalls that within the framework of the European Employment Strategy, the National and Local Action Plans should be co-ordinated in order to exploit the high potential for job creation at local level, where innovative work practices and professions can be promoted, improving the quality of jobs, bearing in mind that local labour markets are more accessible to marginal groups of the labour force, inter alia, women; |
| --- | --- |

6.

Recalls that within the framework of the European Employment Strategy, the National and Local Action Plans should be co-ordinated in order to exploit the high potential for job creation at local level, where innovative work practices and professions can be promoted, improving the quality of jobs, bearing in mind that local labour markets are more accessible to marginal groups of the labour force, inter alia, women;

| 7. | Stresses that in order to develop the service sector, public authorities at both national and local level should assess the gender impact of their public policies by creating national and local partnerships with economic and social actors, including women's organisations; |
| --- | --- |

7.

Stresses that in order to develop the service sector, public authorities at both national and local level should assess the gender impact of their public policies by creating national and local partnerships with economic and social actors, including women's organisations;

| 8. | Calls on the Commission to propose, and on the Member States to implement, as rapidly as possible, a directive on services as part of the internal market with the aim of tackling the serious barriers placed in the way of the movement of workers and the provision of services in the EU, which constitute a major impediment to the growth of small and medium-sized enterprises and deprive them of the ability to increase employment in the services sector; |
| --- | --- |

8.

Calls on the Commission to propose, and on the Member States to implement, as rapidly as possible, a directive on services as part of the internal market with the aim of tackling the serious barriers placed in the way of the movement of workers and the provision of services in the EU, which constitute a major impediment to the growth of small and medium-sized enterprises and deprive them of the ability to increase employment in the services sector;

| 9. | Calls on the Commission to formulate policies and programmes to encourage the Member States to adopt and implement policies in the sector of education, qualifications, specialisation and professional guidance, training, identifying and addressing skills shortages, taking into account the links between the services sectors, particularly the social economy sector and the other sectors of the economy, in order to prepare a suitable specialised work force in the services sector, which is continually developing in an environment of rapid technological, social and economic change; |
| --- | --- |

9.

Calls on the Commission to formulate policies and programmes to encourage the Member States to adopt and implement policies in the sector of education, qualifications, specialisation and professional guidance, training, identifying and addressing skills shortages, taking into account the links between the services sectors, particularly the social economy sector and the other sectors of the economy, in order to prepare a suitable specialised work force in the services sector, which is continually developing in an environment of rapid technological, social and economic change;

| 10. | Notes that a highly competitive communications sector is one of the very foundation stones of a pan-European service sector; calls upon Member States to implement the European Union electronic communications regulations without delay; registers its considerable concern that so many Member States have already fallen behind the transposition deadline for this crucial legislative package; |
| --- | --- |

10.

Notes that a highly competitive communications sector is one of the very foundation stones of a pan-European service sector; calls upon Member States to implement the European Union electronic communications regulations without delay; registers its considerable concern that so many Member States have already fallen behind the transposition deadline for this crucial legislative package;

| 11. | Considers that initiatives ought to be taken, especially with regard to the adjustment of funding from the structural funds, to facilitate research into the generation of new service products, the promotion of human resources training programmes in services, the reduction of the costs of disseminating and receiving information for the new services that are created, and the acceleration of the rate at which innovation is disseminated in the services sector, with the aim of increasing the proportion of new products on the market; |
| --- | --- |

11.

Considers that initiatives ought to be taken, especially with regard to the adjustment of funding from the structural funds, to facilitate research into the generation of new service products, the promotion of human resources training programmes in services, the reduction of the costs of disseminating and receiving information for the new services that are created, and the acceleration of the rate at which innovation is disseminated in the services sector, with the aim of increasing the proportion of new products on the market;

| 12. | Calls for the Structural Funds and particularly the European Social Fund to be used to support the development of the services sector and believes also that following the Lisbon and Feira Summits the European Investment Bank, which has given a commitment to focus on projects that support innovation in the European Union and has approved the following operational principles, human capital formation, research and development, information and communications technology networks and diffusion of innovation, should support the services sector and its employment creation potential; |
| --- | --- |

12.

Calls for the Structural Funds and particularly the European Social Fund to be used to support the development of the services sector and believes also that following the Lisbon and Feira Summits the European Investment Bank, which has given a commitment to focus on projects that support innovation in the European Union and has approved the following operational principles, human capital formation, research and development, information and communications technology networks and diffusion of innovation, should support the services sector and its employment creation potential;

| 13. | Accepts the fact that employment in the services sector is very often complex (e.g. tourism is primarily developing in a sector which operates with staff of two types: permanent and seasonal, but also with restricted opportunities for investment in human resources), calls on the Member States to take positive measures with the aim of upgrading these professions in the services sector in order to offer quality jobs with reasonable pay and working conditions; |
| --- | --- |

13.

Accepts the fact that employment in the services sector is very often complex (e.g. tourism is primarily developing in a sector which operates with staff of two types: permanent and seasonal, but also with restricted opportunities for investment in human resources), calls on the Member States to take positive measures with the aim of upgrading these professions in the services sector in order to offer quality jobs with reasonable pay and working conditions;

| 14. | Calls on the Member States to limit the bureaucratic and time-consuming nature of the procedures for starting and operating both domestic enterprises and those from other Member States (procedures for issuing licences, registration, taxation etc.), as the result of this is to discourage the growth of SMEs and the creation of new enterprises providing services; |
| --- | --- |

14.

Calls on the Member States to limit the bureaucratic and time-consuming nature of the procedures for starting and operating both domestic enterprises and those from other Member States (procedures for issuing licences, registration, taxation etc.), as the result of this is to discourage the growth of SMEs and the creation of new enterprises providing services;

| 15. | Believes that policy on self-employment and the development of an entrepreneurial culture should be linked with the generation of new service products, since development in the services sector requires the ability to take the initiative and a risk-taking approach; |
| --- | --- |

15.

Believes that policy on self-employment and the development of an entrepreneurial culture should be linked with the generation of new service products, since development in the services sector requires the ability to take the initiative and a risk-taking approach;

| 16. | Thinks that the policy of extending supply and demand in the services sector in the single internal market ought to be linked to the guaranteeing of a high level of consumer protection, mainly through initiatives contributing to consumer security at the European level and by directing attention to the creation of systems to resolve disputes in an efficient, rapid and relatively low-cost way; |
| --- | --- |

16.

Thinks that the policy of extending supply and demand in the services sector in the single internal market ought to be linked to the guaranteeing of a high level of consumer protection, mainly through initiatives contributing to consumer security at the European level and by directing attention to the creation of systems to resolve disputes in an efficient, rapid and relatively low-cost way;

| 17. | Stresses that quality jobs should be created, especially in new and competitive service sectors, in order to increase the share of the active female population and to reduce discrimination in the labour market, particularly concerning the gender pay gap and access to employment and promotion; |
| --- | --- |

17.

Stresses that quality jobs should be created, especially in new and competitive service sectors, in order to increase the share of the active female population and to reduce discrimination in the labour market, particularly concerning the gender pay gap and access to employment and promotion;

| 18. | Stressing the major lack of innovation in the services sector, calls on the Commission to draw up programmes to encourage the Member States to adopt active policies for applying research, development and innovation to the services sector, given the fact that research and development are as a rule the industrial sector's ‘prerogative‧; |
| --- | --- |

18.

Stressing the major lack of innovation in the services sector, calls on the Commission to draw up programmes to encourage the Member States to adopt active policies for applying research, development and innovation to the services sector, given the fact that research and development are as a rule the industrial sector's ‘prerogative‧;

| 19. | Calls on the Member States to promote innovation in services sector areas where as a rule the state is the primary instigator of organisation and development, such as the fields of public education, health, transport etc.; |
| --- | --- |

19.

Calls on the Member States to promote innovation in services sector areas where as a rule the state is the primary instigator of organisation and development, such as the fields of public education, health, transport etc.;

| 20. | Calls for undeclared (‘black‧) work to be converted to regular work within the service sector in order to improve the general business climate and taxpaying morality, and to create competition under equal conditions; considers that the EU must step up its cooperation in combating black work; |
| --- | --- |

20.

Calls for undeclared (‘black‧) work to be converted to regular work within the service sector in order to improve the general business climate and taxpaying morality, and to create competition under equal conditions; considers that the EU must step up its cooperation in combating black work;

| 21. | Draws the attention of the Member States to the fact that demographic developments in a majority of Member States are such that the work in the area of care for the elderly should be accorded higher status, not least among young people; |
| --- | --- |

21.

Draws the attention of the Member States to the fact that demographic developments in a majority of Member States are such that the work in the area of care for the elderly should be accorded higher status, not least among young people;

| 22. | Calls on the Member States and the Commission to improve the quality and availability of the statistical data needed for comparative evaluation in jointly agreed-on sectors of vital importance for policy in the realm of services; the adoption of common indicators at the European level will facilitate accurate monitoring and the drafting of policies for employment, productivity as well as greater promotion of the services sector; |
| --- | --- |

22.

Calls on the Member States and the Commission to improve the quality and availability of the statistical data needed for comparative evaluation in jointly agreed-on sectors of vital importance for policy in the realm of services; the adoption of common indicators at the European level will facilitate accurate monitoring and the drafting of policies for employment, productivity as well as greater promotion of the services sector;

| 23. | Taking into account the contribution of new forms of employment to the services sector (part-time and temporary employment, teleworking, home-working, etc.), calls on the Member States to enhance the quality of these new forms of working, namely part-time work, by ensuring that all workers are guaranteed the same, high level of protection and job security and by improving the working conditions for women; |
| --- | --- |

23.

Taking into account the contribution of new forms of employment to the services sector (part-time and temporary employment, teleworking, home-working, etc.), calls on the Member States to enhance the quality of these new forms of working, namely part-time work, by ensuring that all workers are guaranteed the same, high level of protection and job security and by improving the working conditions for women;

| 24. | Calling attention to the situation of women in the services sector, which is often characterised by precarious employment, a low-pay structure, lack of education and training opportunities etc., and to their participation both in traditional activities (education, medical and elderly care, health, tourism, the restaurant sector) as well as in the new and constantly developing sectors (beauty, entertainment), calls on the Member States to implement equality policies to protect and promote the rights of women workers (retirement, social insurance, training, professional development, equal pay, work-life balance, etc.), in particular calls on the Member States to develop child and elderly care services, in order to actively support the reconciliation of family and professional life; |
| --- | --- |

24.

Calling attention to the situation of women in the services sector, which is often characterised by precarious employment, a low-pay structure, lack of education and training opportunities etc., and to their participation both in traditional activities (education, medical and elderly care, health, tourism, the restaurant sector) as well as in the new and constantly developing sectors (beauty, entertainment), calls on the Member States to implement equality policies to protect and promote the rights of women workers (retirement, social insurance, training, professional development, equal pay, work-life balance, etc.), in particular calls on the Member States to develop child and elderly care services, in order to actively support the reconciliation of family and professional life;

| 25. | Considers that businesses need to take steps, as a matter of urgency, to ensure that women are better represented in decision-making and managing both public and private undertakings; also considers that it is important to improve conditions for self-employed workers to encourage more women to choose this path; |
| --- | --- |

25.

Considers that businesses need to take steps, as a matter of urgency, to ensure that women are better represented in decision-making and managing both public and private undertakings; also considers that it is important to improve conditions for self-employed workers to encourage more women to choose this path;

| 26. | Calls on the Member States to encourage the expansion and improvement in the quality of support and household-related services and to take measures to encourage an equal sharing of the domestic work between women and men, which will also contribute to raising the female employment rate; takes the view that, to that end, the Member States should recognise domestic work performed by third parties as a proper occupation; in particular calls on the Member States to increase the supply of services providing care for children and the elderly, in order to make it possible to reconcile family and professional life in practice, and underlines public responsibility in terms of controlling and guaranteeing the quality and affordability of such services; |
| --- | --- |

26.

Calls on the Member States to encourage the expansion and improvement in the quality of support and household-related services and to take measures to encourage an equal sharing of the domestic work between women and men, which will also contribute to raising the female employment rate; takes the view that, to that end, the Member States should recognise domestic work performed by third parties as a proper occupation; in particular calls on the Member States to increase the supply of services providing care for children and the elderly, in order to make it possible to reconcile family and professional life in practice, and underlines public responsibility in terms of controlling and guaranteeing the quality and affordability of such services;

| 27. | Stresses the urgent importance for the Member States of increasing opportunities for disabled people and legal immigrants to have access to the labour market in the service sector and especially for possibilities for entrepreneurship and the spirit of new enterprise; considers that such improvements are necessary in the light of future needs in the care sector, for example, in order to increase the participation and integration of these groups in the labour market and in the social community; |
| --- | --- |

27.

Stresses the urgent importance for the Member States of increasing opportunities for disabled people and legal immigrants to have access to the labour market in the service sector and especially for possibilities for entrepreneurship and the spirit of new enterprise; considers that such improvements are necessary in the light of future needs in the care sector, for example, in order to increase the participation and integration of these groups in the labour market and in the social community;

| 28. | Calls on the Member States to consider the valuable contribution which a developed and dynamic cooperative service and business sector may make to service production; |
| --- | --- |

28.

Calls on the Member States to consider the valuable contribution which a developed and dynamic cooperative service and business sector may make to service production;

| 29. | Calls on the Commission to take steps to exchange and disseminate examples of good practice to the Member States on development models and options for enterprises in the services sector, and in collective sectoral agreements, in relation to the social rights of workers in services; |
| --- | --- |

29.

Calls on the Commission to take steps to exchange and disseminate examples of good practice to the Member States on development models and options for enterprises in the services sector, and in collective sectoral agreements, in relation to the social rights of workers in services;

| 30. | Considers that the service sector can make an important contribution to the goal of promoting active ageing and calls on the Member States to take this into account in implementing this aspect of the Employment Guidelines for 2003; |
| --- | --- |

30.

Considers that the service sector can make an important contribution to the goal of promoting active ageing and calls on the Member States to take this into account in implementing this aspect of the Employment Guidelines for 2003;

| 31. | Calls on the Commission to carry out a systematic inventory, for those services which fall within the category of network services of general interest, of the effects which their liberalisation has had to date with regard to employment growth and the extent to which the needs of society as a whole are being met, so that the strategy for the future of services of general interest can be formulated consistently; |
| --- | --- |

31.

Calls on the Commission to carry out a systematic inventory, for those services which fall within the category of network services of general interest, of the effects which their liberalisation has had to date with regard to employment growth and the extent to which the needs of society as a whole are being met, so that the strategy for the future of services of general interest can be formulated consistently;

| 32. | Taking into account the role and contribution of services to the local economy and regional convergence, and in view of the role of the social economy in terms of inclusion and job creation, calls on the Member States to promote policies to support specific service sectors, taking account of the advantages (location, environment, infrastructure, culture) and the needs of local regions; |
| --- | --- |

32.

Taking into account the role and contribution of services to the local economy and regional convergence, and in view of the role of the social economy in terms of inclusion and job creation, calls on the Member States to promote policies to support specific service sectors, taking account of the advantages (location, environment, infrastructure, culture) and the needs of local regions;

| 33. | Instructs its President to forward this resolution to the Council and Commission and the parliaments of the Member States. |
| --- | --- |

33.

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

---

(1)  OJ C 137, 8.6.2002, p. 2.

(2)  OJ L 72, 21.3.2000, p. 15.

(3)  OJ L 22, 24.1.2001, p. 18.

(4)  OJ L 60, 1.3.2002, p. 60.

(5)  OJ L 197, 5.8.2003, p. 13.

P5_TA(2004)0028

Immigration, integration and employment

European Parliament resolution on the Communication from the Commission on immigration, integration and employment (COM(2003) 336 — 2003/2147(INI))

The European Parliament,

| — | having regard to the Commission Communication (COM(2003) 336), |
| --- | --- |

—

having regard to the Commission Communication (COM(2003) 336),

| — | having regard to the conclusions of the European Council meetings at Tampere (15—16 October 1999) and Lisbon (23—24 March 2000), |
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—

having regard to the conclusions of the European Council meetings at Tampere (15—16 October 1999) and Lisbon (23—24 March 2000),

| — | having regard to the Charter of Fundamental Rights of the European Union (1), the provisions of which apply to all persons in the European Union irrespective of nationality, and particularly Articles 4, 5, 14, 15, 20, 21 and 23, |
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—

having regard to the Charter of Fundamental Rights of the European Union (1), the provisions of which apply to all persons in the European Union irrespective of nationality, and particularly Articles 4, 5, 14, 15, 20, 21 and 23,

| — | having regard to Council Directive 2000/43/EC of 29 June 2000 on implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2) and Council Directive 2000/78/EC of 27 November 2000 on establishing a general framework for equal treatment in employment and occupation (3), based on Article 13 of the EC Treaty, |
| --- | --- |

—

having regard to Council Directive 2000/43/EC of 29 June 2000 on implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2) and Council Directive 2000/78/EC of 27 November 2000 on establishing a general framework for equal treatment in employment and occupation (3), based on Article 13 of the EC Treaty,

| — | having regard to the Commission Communication on integrating migration issues in the EU's relations with third countries (COM(2002) 703), |
| --- | --- |

—

having regard to the Commission Communication on integrating migration issues in the EU's relations with third countries (COM(2002) 703),

| — | having regard to the Greek Presidency conference on ‘Managing migration for the benefit of Europe‧ (Athens, May 2003), |
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—

having regard to the Greek Presidency conference on ‘Managing migration for the benefit of Europe‧ (Athens, May 2003),

| — | having regard to the own-initiative opinion of the European Economic and Social Committee on ‘Immigration, integration and the role of civil society organisations‧ (4) and the subsequent conference on the same subject (Brussels, September 2002), |
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—

having regard to the own-initiative opinion of the European Economic and Social Committee on ‘Immigration, integration and the role of civil society organisations‧ (4) and the subsequent conference on the same subject (Brussels, September 2002),

| — | having regard to Rules 47(2) and 163 of its Rules of Procedure, |
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—

having regard to Rules 47(2) and 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs, the Committee on Women's Rights and Equal Opportunities and the Committee on Petitions (A5-0445/2003), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs, the Committee on Women's Rights and Equal Opportunities and the Committee on Petitions (A5-0445/2003),

| A. | whereas the main strands of immigration policy identified by the Tampere European Council (partnership with countries of origin, a common European asylum system, fair treatment of third country nationals and management of migration flows) remain valid today; whereas there is an urgent need for them to be developed on the basis of the legislative framework provided for in Articles 61 to 69 of the Treaty, in connection with which the Commission has already presented proposals, taking account of Parliament's opinion, |
| --- | --- |

A.

whereas the main strands of immigration policy identified by the Tampere European Council (partnership with countries of origin, a common European asylum system, fair treatment of third country nationals and management of migration flows) remain valid today; whereas there is an urgent need for them to be developed on the basis of the legislative framework provided for in Articles 61 to 69 of the Treaty, in connection with which the Commission has already presented proposals, taking account of Parliament's opinion,

| B. | whereas the overwhelming majority of third-country nationals immigrating to EU Member States are fleeing circumstances of extreme poverty in their countries of origin, |
| --- | --- |

B.

whereas the overwhelming majority of third-country nationals immigrating to EU Member States are fleeing circumstances of extreme poverty in their countries of origin,

| C. | whereas competence for determining the quantity and type of workers accepted from third countries lies with the Member States, to enable them to manage migration to the EU in a way which reflects their capacities and needs; whereas national legal frameworks and policies in relation to increased migration to the EU vary from state to state; whereas all Member States face the common challenge of improving their management of migration flows, improving integration policies towards, and in partnership with, new and established migrants, seeking to form partnerships with third countries of origin and improving dialogue with these countries in the comprehensive, joined-up approach set out at the Tampere European Council, while at all moments being aware that immigrants must not be seen as disposable workers who can be used and then discarded, |
| --- | --- |

C.

whereas competence for determining the quantity and type of workers accepted from third countries lies with the Member States, to enable them to manage migration to the EU in a way which reflects their capacities and needs; whereas national legal frameworks and policies in relation to increased migration to the EU vary from state to state; whereas all Member States face the common challenge of improving their management of migration flows, improving integration policies towards, and in partnership with, new and established migrants, seeking to form partnerships with third countries of origin and improving dialogue with these countries in the comprehensive, joined-up approach set out at the Tampere European Council, while at all moments being aware that immigrants must not be seen as disposable workers who can be used and then discarded,

| D. | whereas the Tampere European Council explicitly requested ‘a more vigorous integration policy‧ which ‘should aim at granting legally resident third country nationals rights and obligations comparable to those of EU citizens‧, |
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D.

whereas the Tampere European Council explicitly requested ‘a more vigorous integration policy‧ which ‘should aim at granting legally resident third country nationals rights and obligations comparable to those of EU citizens‧,

| E. | whereas it should be the task of the EU, in the interest of the managed migration of workers into the Member States, to develop common conditions and rules for the entry and residence of migrant workers; whereas in this connection a coherent plan for the issue of visas should be created; whereas improved management of migration flows and the sharing of best practice in integration policies should take place in the context of significant independent research showing the positive overall economic benefits, as well as costs, to Member States of immigration; whereas the improved and full integration of new and established migrants, particularly in the EU labour market, realises the economic potential of migrants, promotes social cohesion and respect for diversity, and contributes to the Lisbon goals, namely to create a competitive and dynamic knowledge-based economy capable of sustainable economic growth with more and better jobs and greater social cohesion, |
| --- | --- |

E.

whereas it should be the task of the EU, in the interest of the managed migration of workers into the Member States, to develop common conditions and rules for the entry and residence of migrant workers; whereas in this connection a coherent plan for the issue of visas should be created; whereas improved management of migration flows and the sharing of best practice in integration policies should take place in the context of significant independent research showing the positive overall economic benefits, as well as costs, to Member States of immigration; whereas the improved and full integration of new and established migrants, particularly in the EU labour market, realises the economic potential of migrants, promotes social cohesion and respect for diversity, and contributes to the Lisbon goals, namely to create a competitive and dynamic knowledge-based economy capable of sustainable economic growth with more and better jobs and greater social cohesion,

| F. | whereas a distinction must be made between those aspects of immigration policy related to the initial reception of new arrivals with a view to facilitating their integration and those related to second and third generation immigrants still facing social, economic or political exclusion, |
| --- | --- |

F.

whereas a distinction must be made between those aspects of immigration policy related to the initial reception of new arrivals with a view to facilitating their integration and those related to second and third generation immigrants still facing social, economic or political exclusion,

| G. | whereas the (imminent) enlargement of the EU will change the dynamics of migration in Europe — probably to the overall benefit of European labour markets, which should lead to greater freedom of movement between existing and new Member States; whereas countries outside the EU are becoming new EU border or neighbouring countries; whereas the enlargement countries (applicants), many of which were neighbouring countries before enlargement, will also have to focus their attention to a greater extent on migration; whereas integration measures also benefit intra-EU migrants, including from the new Member States, |
| --- | --- |

G.

whereas the (imminent) enlargement of the EU will change the dynamics of migration in Europe — probably to the overall benefit of European labour markets, which should lead to greater freedom of movement between existing and new Member States; whereas countries outside the EU are becoming new EU border or neighbouring countries; whereas the enlargement countries (applicants), many of which were neighbouring countries before enlargement, will also have to focus their attention to a greater extent on migration; whereas integration measures also benefit intra-EU migrants, including from the new Member States,

| H. | whereas, in most cases, illegal residence is the result of people who entered legally into the territory of the EU losing their authorisation, |
| --- | --- |

H.

whereas, in most cases, illegal residence is the result of people who entered legally into the territory of the EU losing their authorisation,

| I. | whereas clamping down on illegal employment and on those who take advantage of such employment is an integral part of the fight against illegal immigration; whereas facilitated legal access of immigrants to the labour market may reduce both supply of and demand for illegal work, |
| --- | --- |

I.

whereas clamping down on illegal employment and on those who take advantage of such employment is an integral part of the fight against illegal immigration; whereas facilitated legal access of immigrants to the labour market may reduce both supply of and demand for illegal work,

| J. | whereas women are a not insignificant and substantial majority of immigrants, including those of second and third generation, asylum seekers and illegal immigrants, |
| --- | --- |

J.

whereas women are a not insignificant and substantial majority of immigrants, including those of second and third generation, asylum seekers and illegal immigrants,

| K. | whereas women are the victims of discrimination on the basis of both gender and origin, and whereas such discrimination also affects second and third generation immigrants, whatever their degree of integration, |
| --- | --- |

K.

whereas women are the victims of discrimination on the basis of both gender and origin, and whereas such discrimination also affects second and third generation immigrants, whatever their degree of integration,

| L. | whereas European migration and integration policy must be consistent with wider EU social, economic, foreign and development policy objectives and in line with core European values such as equality of opportunity, human rights, dignity, tolerance, respect for diversity, action to combat discrimination and participation in civic, cultural and political life, |
| --- | --- |

L.

whereas European migration and integration policy must be consistent with wider EU social, economic, foreign and development policy objectives and in line with core European values such as equality of opportunity, human rights, dignity, tolerance, respect for diversity, action to combat discrimination and participation in civic, cultural and political life,

| 1. | Notes this Commission initiative in line with the Tampere European Council's emphasis on developing a more effective migration and integration policy regarding third country nationals in the EU; this is the first time that even-handed consideration has been given to three vital and inter-related issues: managing migration to the EU in a context of ageing working age populations; improving the integration of migrants in the EU; and the need for co-operation with countries of origin; believes that the fight against illegal immigration and trafficking in people must not give rise to a repressive policy aimed at immigrants in irregular circumstances, but should, rather, target the traffickers and employers who exploit those circumstances; |
| --- | --- |

1.

Notes this Commission initiative in line with the Tampere European Council's emphasis on developing a more effective migration and integration policy regarding third country nationals in the EU; this is the first time that even-handed consideration has been given to three vital and inter-related issues: managing migration to the EU in a context of ageing working age populations; improving the integration of migrants in the EU; and the need for co-operation with countries of origin; believes that the fight against illegal immigration and trafficking in people must not give rise to a repressive policy aimed at immigrants in irregular circumstances, but should, rather, target the traffickers and employers who exploit those circumstances;

| 2. | Notes that these issues go to the heart of the Lisbon agenda and its vision of mutually-supportive employment, social and economic policies: on the one hand, migration and maximising employment are increasingly important for EU labour markets and economic growth; on the other, the integration of new migrants, established third country nationals and EU citizens of ethnic minority origin is becoming a key factor for social cohesion; in this sense, labour market issues are crucial but cannot be seen in isolation: integration also depends on a range of other factors including the social context, education and language skills, civic participation, the involvement of civil society and the social partners, effective implementation of EU funding programmes to tackle labour market disadvantage such as the European Social Fund, EQUAL, the European Integration Fund, the European Refugee Fund, as well as the legal framework (e.g. proper implementation of the Article 13 anti-discrimination Directives); successful integration of migrants is one element of achieving social inclusion, for the benefit of the individuals concerned as well as local communities and wider society; |
| --- | --- |

2.

Notes that these issues go to the heart of the Lisbon agenda and its vision of mutually-supportive employment, social and economic policies: on the one hand, migration and maximising employment are increasingly important for EU labour markets and economic growth; on the other, the integration of new migrants, established third country nationals and EU citizens of ethnic minority origin is becoming a key factor for social cohesion; in this sense, labour market issues are crucial but cannot be seen in isolation: integration also depends on a range of other factors including the social context, education and language skills, civic participation, the involvement of civil society and the social partners, effective implementation of EU funding programmes to tackle labour market disadvantage such as the European Social Fund, EQUAL, the European Integration Fund, the European Refugee Fund, as well as the legal framework (e.g. proper implementation of the Article 13 anti-discrimination Directives); successful integration of migrants is one element of achieving social inclusion, for the benefit of the individuals concerned as well as local communities and wider society;

| 3. | Emphasises that different groups of migrants require different policies for integration; stresses that integration concerns not only newly-arrived migrants but also long-term resident third country nationals and second and third generation migrants, and that this must be taken into account in policy-making; |
| --- | --- |

3.

Emphasises that different groups of migrants require different policies for integration; stresses that integration concerns not only newly-arrived migrants but also long-term resident third country nationals and second and third generation migrants, and that this must be taken into account in policy-making;

| 4. | Emphasises the fact that among the many factors that promote the integration of migrants the question of language skills for men and women, regardless of the employment issue, is a central one, since such skills facilitate the structuring of thoughts, the ability to be autonomous, a better understanding of society and the way in which it is organised and the development and improvement of the interpersonal abilities that foster social cohesion; |
| --- | --- |

4.

Emphasises the fact that among the many factors that promote the integration of migrants the question of language skills for men and women, regardless of the employment issue, is a central one, since such skills facilitate the structuring of thoughts, the ability to be autonomous, a better understanding of society and the way in which it is organised and the development and improvement of the interpersonal abilities that foster social cohesion;

| 5. | Highlights the crucial importance of a gender perspective in immigration and integration matters also in relation to employment; lack of focus on the specific gender problems arising in connection with immigration and integration can have devastating effects for the women involved as well as for society in general, especially the societies in which these women reside; |
| --- | --- |

5.

Highlights the crucial importance of a gender perspective in immigration and integration matters also in relation to employment; lack of focus on the specific gender problems arising in connection with immigration and integration can have devastating effects for the women involved as well as for society in general, especially the societies in which these women reside;

The EU's demographic/workforce challenge: managed migration as part of the answer

| 6. | Points to significant international research showing migration trends to be the largest component of population change in much of the developed world; notes that the EU-25 working age population is set to shrink from 303m to 297m by 2020 — and then to 280m by 2030, almost doubling the old age dependency ratio — and that the fall in total employment could have negative effects on economic growth, since economic growth is the result of growth in employment and productivity; |
| --- | --- |

6.

Points to significant international research showing migration trends to be the largest component of population change in much of the developed world; notes that the EU-25 working age population is set to shrink from 303m to 297m by 2020 — and then to 280m by 2030, almost doubling the old age dependency ratio — and that the fall in total employment could have negative effects on economic growth, since economic growth is the result of growth in employment and productivity;

| 7. | Underlines the importance of looking upon immigrants, especially women, as a resource and a generally valuable acquisition for the labour market, to have a pluralistic workforce and a good use of the broad human resources available; |
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7.

Underlines the importance of looking upon immigrants, especially women, as a resource and a generally valuable acquisition for the labour market, to have a pluralistic workforce and a good use of the broad human resources available;

| 8. | Agrees that migratory flows are an inescapable reality that can and must be harnessed to the mutual benefit of host countries and countries of origin; also agrees that managed migration, including temporary migration mechanisms, must be part of the response to EU demographic and economic trends, and their impact on social security systems, but that it cannot be the only solution — for example, significantly higher birth rates are also a major factor; emphasises that migration policies must be developed in parallel with complementary integration measures; underlines that migration cannot be viewed purely in terms of economic potential and that comprehensive policies must therefore also cover social, cultural, religious and political dimensions; |
| --- | --- |

8.

Agrees that migratory flows are an inescapable reality that can and must be harnessed to the mutual benefit of host countries and countries of origin; also agrees that managed migration, including temporary migration mechanisms, must be part of the response to EU demographic and economic trends, and their impact on social security systems, but that it cannot be the only solution — for example, significantly higher birth rates are also a major factor; emphasises that migration policies must be developed in parallel with complementary integration measures; underlines that migration cannot be viewed purely in terms of economic potential and that comprehensive policies must therefore also cover social, cultural, religious and political dimensions;

| 9. | Emphasises that good managed migration policies can include the following:






  — | realising that skilled workers taking up jobs within the EU does not necessarily lead to ‘brain-drain‧ in the countries of origin, since many workers return to these countries using their new experiences for the benefit of their home economies and communities; |
| --- | --- | --- |

9.

Emphasises that good managed migration policies can include the following:

—

realising that skilled workers taking up jobs within the EU does not necessarily lead to ‘brain-drain‧ in the countries of origin, since many workers return to these countries using their new experiences for the benefit of their home economies and communities;

| — | learning from existing experiences with the Green Card in the USA when formulating policies to make it easier for third country nationals to work temporarily in a Member State, with or without having a job contract in advance; however, best practice on recruitment and admission policies should be shared in the EU; this calls for a thorough forward-looking analysis of the labour market broken down by regions and sectors for each country and in a European context; careful consultation is therefore needed with the social partners and with the institutions responsible for the regional and local labour market; |
| --- | --- |

—

learning from existing experiences with the Green Card in the USA when formulating policies to make it easier for third country nationals to work temporarily in a Member State, with or without having a job contract in advance; however, best practice on recruitment and admission policies should be shared in the EU; this calls for a thorough forward-looking analysis of the labour market broken down by regions and sectors for each country and in a European context; careful consultation is therefore needed with the social partners and with the institutions responsible for the regional and local labour market;

| 10. | Insists that managed migration cannot mean:






  — | side-stepping the reforms of EU labour markets and education/training systems needed to increase employability (including of migrants) and overall adaptability to economic change; |
| --- | --- | --- |

10.

Insists that managed migration cannot mean:

—

side-stepping the reforms of EU labour markets and education/training systems needed to increase employability (including of migrants) and overall adaptability to economic change;

| — | ‘cherry-picking‧ certain skilled workers/entrepreneurs from developing countries to the extent of risking damage to the economies of the countries of origin; |
| --- | --- |

—

‘cherry-picking‧ certain skilled workers/entrepreneurs from developing countries to the extent of risking damage to the economies of the countries of origin;

| — | abusing migrant workers under unacceptable conditions; illegal employment is a concern here, where action should be taken to penalise those who profit from such exploitation, not those who are its victims; futhermore, displacement effects are greatest amongst low-skilled workers, leading to social tension while also hampering efforts, including in the European Employment Strategy (EES), to boost quality of work across the labour market; or |
| --- | --- |

—

abusing migrant workers under unacceptable conditions; illegal employment is a concern here, where action should be taken to penalise those who profit from such exploitation, not those who are its victims; futhermore, displacement effects are greatest amongst low-skilled workers, leading to social tension while also hampering efforts, including in the European Employment Strategy (EES), to boost quality of work across the labour market; or

| — | forgetting the commitment made in Lisbon 2002 and confirmed in Barcelona 2002 to create more and better jobs, specifically the commitment to bring to a successful conclusion efforts to ensure that the rights of all workers, including migrant workers, to work in conditions which respect their health, safety and dignity become a reality; |
| --- | --- |

—

forgetting the commitment made in Lisbon 2002 and confirmed in Barcelona 2002 to create more and better jobs, specifically the commitment to bring to a successful conclusion efforts to ensure that the rights of all workers, including migrant workers, to work in conditions which respect their health, safety and dignity become a reality;

| 11. | Takes the view that legal immigrants working in the hidden economy should be treated in the same way as Member State nationals vis-à-vis the handling of complaints about illegal working; |
| --- | --- |

11.

Takes the view that legal immigrants working in the hidden economy should be treated in the same way as Member State nationals vis-à-vis the handling of complaints about illegal working;

| 12. | Emphasises the extraordinarily vulnerable situation of illegal immigrant women working illegally, secretly and in intolerable conditions which prevent them from reporting incidents of violence or discrimination, sexual or otherwise, of which they are victims, since they totally depend on their employer, the people who smuggle them in, or others; |
| --- | --- |

12.

Emphasises the extraordinarily vulnerable situation of illegal immigrant women working illegally, secretly and in intolerable conditions which prevent them from reporting incidents of violence or discrimination, sexual or otherwise, of which they are victims, since they totally depend on their employer, the people who smuggle them in, or others;

| 13. | Takes the view that the Member States should take urgent steps to shed light on illegal employment, especially in the domestic help sector, in which, according to its resolution of 30 November 2000 on regulating domestic help in the informal sector (5), a very large number of female migrant workers are employed; considers that a new solution must be found which permits families employing such workers to draw up a legal employment contract entitling them to social security cover; |
| --- | --- |

13.

Takes the view that the Member States should take urgent steps to shed light on illegal employment, especially in the domestic help sector, in which, according to its resolution of 30 November 2000 on regulating domestic help in the informal sector (5), a very large number of female migrant workers are employed; considers that a new solution must be found which permits families employing such workers to draw up a legal employment contract entitling them to social security cover;

| 14. | Stresses that women and minors are the main victims of human trafficking and/or sexual exploitation and they therefore need appropriate protection and assistance; stresses the need to address the issue, to promote measures to prevent trafficking, to eliminate sexual exploitation and to ensure the integration of victims; insists that the Member States should take measures and adopt appropriate legislation so as not to penalise these victims; |
| --- | --- |

14.

Stresses that women and minors are the main victims of human trafficking and/or sexual exploitation and they therefore need appropriate protection and assistance; stresses the need to address the issue, to promote measures to prevent trafficking, to eliminate sexual exploitation and to ensure the integration of victims; insists that the Member States should take measures and adopt appropriate legislation so as not to penalise these victims;

| 15. | Believes that the Member States' managed migration policies must cover the whole range of migration pathways from seasonal/temporary to permanent; as the Commission points out, temporary migration can become permanent and often the greatest overall economic, social and cultural contribution comes from permanent, adaptable and well-integrated migrants; |
| --- | --- |

15.

Believes that the Member States' managed migration policies must cover the whole range of migration pathways from seasonal/temporary to permanent; as the Commission points out, temporary migration can become permanent and often the greatest overall economic, social and cultural contribution comes from permanent, adaptable and well-integrated migrants;

| 16. | Points out however that, in the current situation, migrants who have once been admitted are often steered exclusively towards becoming permanent residents: partial adjustments to labour and social law, for example, may be desirable in order to make the voluntary option of temporary residence and return to the country of origin more attractive, which may in turn stimulate development there (‘brain circulation‧ instead of ‘brain drain‧); |
| --- | --- |

16.

Points out however that, in the current situation, migrants who have once been admitted are often steered exclusively towards becoming permanent residents: partial adjustments to labour and social law, for example, may be desirable in order to make the voluntary option of temporary residence and return to the country of origin more attractive, which may in turn stimulate development there (‘brain circulation‧ instead of ‘brain drain‧);

Integration and employment

| 17. | Stresses that integration is a matter for society as a whole, and that efforts are needed both from migrants and from indigenous populations in order to achieve genuine social cohesion; particularly emphasises the crucial role of local and regional authorities whose responsibilities for inter alia planning, housing, education and the labour market impact directly on integration and can promote social cohesion, social inclusion and sustainable communities; stresses the importance of supporting such work through the EU Structural Funds and initiatives such as EQUAL and Urban, while also facilitating participation by local and regional authorities in the European debate; |
| --- | --- |

17.

Stresses that integration is a matter for society as a whole, and that efforts are needed both from migrants and from indigenous populations in order to achieve genuine social cohesion; particularly emphasises the crucial role of local and regional authorities whose responsibilities for inter alia planning, housing, education and the labour market impact directly on integration and can promote social cohesion, social inclusion and sustainable communities; stresses the importance of supporting such work through the EU Structural Funds and initiatives such as EQUAL and Urban, while also facilitating participation by local and regional authorities in the European debate;

| 18. | Emphasises that better knowledge of other cultures is an essential ability in a Europe that is becoming increasingly diverse and that all members of society need to learn to act in heterogeneous and changing environments; calls on the Member States to promote better knowledge of other cultures as a standard in education and in public life (politics, the labour market, public service); |
| --- | --- |

18.

Emphasises that better knowledge of other cultures is an essential ability in a Europe that is becoming increasingly diverse and that all members of society need to learn to act in heterogeneous and changing environments; calls on the Member States to promote better knowledge of other cultures as a standard in education and in public life (politics, the labour market, public service);

| 19. | Notes that admission policies can have a significant impact on the successful integration of migrants; calls in particular in this regard for a consistent definition of ‘family‧ throughout the Tampere initiatives; regrets the contents of Council Directive 2003/86/EC on the right to family reunification (6), which run counter to the fundamental right to family life, and believes that a directive must be adopted based on the approach defined by the European Parliament; calls on the Member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by Resolution No 45/158 of the UN General Assembly on 18 December 1990; |
| --- | --- |

19.

Notes that admission policies can have a significant impact on the successful integration of migrants; calls in particular in this regard for a consistent definition of ‘family‧ throughout the Tampere initiatives; regrets the contents of Council Directive 2003/86/EC on the right to family reunification (6), which run counter to the fundamental right to family life, and believes that a directive must be adopted based on the approach defined by the European Parliament; calls on the Member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by Resolution No 45/158 of the UN General Assembly on 18 December 1990;

| 20. | Believes that a European approach to migration, integration and employment must recognise how complex the picture is, for example:






  — | marked variations across Member States in the conditions and quality of migrants' jobs but generally poorer than average working conditions (including health and safety conditions) for new and established migrants; lower levels of job security; and pay gaps between migrant and other workers even greater than the EU's gender pay gap, with (for example) migrant workers in London who were nationals of developing countries receiving on average 29 % lower pay, in 2001, than host country nationals; |
| --- | --- | --- |

20.

Believes that a European approach to migration, integration and employment must recognise how complex the picture is, for example:

—

marked variations across Member States in the conditions and quality of migrants' jobs but generally poorer than average working conditions (including health and safety conditions) for new and established migrants; lower levels of job security; and pay gaps between migrant and other workers even greater than the EU's gender pay gap, with (for example) migrant workers in London who were nationals of developing countries receiving on average 29 % lower pay, in 2001, than host country nationals;

| — | over-representation of migrants in low paid jobs; |
| --- | --- |

—

over-representation of migrants in low paid jobs;

| — | ethnic origin is one of many factors shaping labour market experiences — for example, certain ethnic minority communities in some Member States have a particularly high level of self-employment and entrepreneurship, much of which represents SMEs, which give a large impetus to the labour markets by providing employment; and |
| --- | --- |

—

ethnic origin is one of many factors shaping labour market experiences — for example, certain ethnic minority communities in some Member States have a particularly high level of self-employment and entrepreneurship, much of which represents SMEs, which give a large impetus to the labour markets by providing employment; and

| — | integration policies and best practice will vary widely for different categories of migrants: for example, new migrants given refugee status will have markedly different needs to established migrants; |
| --- | --- |

—

integration policies and best practice will vary widely for different categories of migrants: for example, new migrants given refugee status will have markedly different needs to established migrants;

| 21. | Underlines that many immigrant women have only derived rights through their husbands in their countries of origin; it is therefore crucial to ensure the individualisation of rights and benefits and an individual legal status for immigrant women and to provide immigrant women with detailed information, training and empowerment strategies on their rights and opportunities in order to promote the possibility of integration in society and in working life; |
| --- | --- |

21.

Underlines that many immigrant women have only derived rights through their husbands in their countries of origin; it is therefore crucial to ensure the individualisation of rights and benefits and an individual legal status for immigrant women and to provide immigrant women with detailed information, training and empowerment strategies on their rights and opportunities in order to promote the possibility of integration in society and in working life;

| 22. | Is concerned that present EU employment rates for immigrants demonstrate that their potential economic and social contribution is not always realised; considers that employment is key to migrants' overall integration; supports proposals to improve successful and stable employment including the spreading of best practice by Member States in education and skills, with particular emphasis on language training for new migrants, building on every individual's personal skills and competences and their experience and qualifications obtained within and outside the EU, providing for a much needed better matching of the skills of individuals and the requirements of the labour markets; |
| --- | --- |

22.

Is concerned that present EU employment rates for immigrants demonstrate that their potential economic and social contribution is not always realised; considers that employment is key to migrants' overall integration; supports proposals to improve successful and stable employment including the spreading of best practice by Member States in education and skills, with particular emphasis on language training for new migrants, building on every individual's personal skills and competences and their experience and qualifications obtained within and outside the EU, providing for a much needed better matching of the skills of individuals and the requirements of the labour markets;

| 23. | Strongly urges measures to remove barriers such as discrimination in the workplace, including the use of successful diversity management in the workplace, as practised by some major enterprises and public institutions, to ensure fair recruitment, retention and promotion in the workplace, based on merit and irrespective of racial or ethnic origin or gender; calls for particular attention to be paid to the employment of immigrant women, and for the compilation of statistics broken down by gender; |
| --- | --- |

23.

Strongly urges measures to remove barriers such as discrimination in the workplace, including the use of successful diversity management in the workplace, as practised by some major enterprises and public institutions, to ensure fair recruitment, retention and promotion in the workplace, based on merit and irrespective of racial or ethnic origin or gender; calls for particular attention to be paid to the employment of immigrant women, and for the compilation of statistics broken down by gender;

| 24. | Believes that an active policy of integration of legally resident third country nationals should include the following:






  — | establishing clear rules governing the legal status of residents and guaranteeing their right to good administration; |
| --- | --- | --- |

24.

Believes that an active policy of integration of legally resident third country nationals should include the following:

—

establishing clear rules governing the legal status of residents and guaranteeing their right to good administration;

| — | allowing proper integration on the labour market; |
| --- | --- |

—

allowing proper integration on the labour market;

| — | the duty of the resident to follow courses in the national language or languages provided by the host country and the right of access to education; recognition of academic qualifications; |
| --- | --- |

—

the duty of the resident to follow courses in the national language or languages provided by the host country and the right of access to education; recognition of academic qualifications;

| — | guaranteeing access to social and health services, |
| --- | --- |

—

guaranteeing access to social and health services,

| — | efforts to create decent living conditions in cities and in the various districts thereof; |
| --- | --- |

—

efforts to create decent living conditions in cities and in the various districts thereof;

| — | ensuring that immigrants can participate in social, cultural and political life; |
| --- | --- |

—

ensuring that immigrants can participate in social, cultural and political life;

| 25. | Considers that, in the above-mentioned areas, programmes should be established for initial reception of persons arriving in an EU Member State and that provisions related to the above-mentioned areas in the field of integration policy for second and third generation immigrants should be reviewed in order to align them with the objectives set out in this resolution; |
| --- | --- |

25.

Considers that, in the above-mentioned areas, programmes should be established for initial reception of persons arriving in an EU Member State and that provisions related to the above-mentioned areas in the field of integration policy for second and third generation immigrants should be reviewed in order to align them with the objectives set out in this resolution;

| 26. | Calls on the Member States to undertake the regularisation of immigrant workers who, while not in possession of a residence permit, pay taxes and social security contributions in the host country; |
| --- | --- |

26.

Calls on the Member States to undertake the regularisation of immigrant workers who, while not in possession of a residence permit, pay taxes and social security contributions in the host country;

| 27. | Considers the adoption of the directive on long-term residents to be essential with a view to guaranteeing the integration of third country nationals; |
| --- | --- |

27.

Considers the adoption of the directive on long-term residents to be essential with a view to guaranteeing the integration of third country nationals;

| 28. | As unemployment is often higher among women immigrants than among male immigrants, notes that special focus needs to be put on how to better integrate them, make childcare facilities available, as well as special cultural and educational meeting points etc.; if gender is taken into consideration, work on better integrating immigrants will become more focused and thus more effective; |
| --- | --- |

28.

As unemployment is often higher among women immigrants than among male immigrants, notes that special focus needs to be put on how to better integrate them, make childcare facilities available, as well as special cultural and educational meeting points etc.; if gender is taken into consideration, work on better integrating immigrants will become more focused and thus more effective;

| 29. | Stresses the importance of available and free counselling for immigrant women, i.e. counselling and aid centres especially for women, dealing with general and reproductive health, women's rights, employment, etc., and underlines that counselling needs to be gender and culture sensitive (e.g. run by women with knowledge of countries of emigration in terms of culture, family patterns etc.); |
| --- | --- |

29.

Stresses the importance of available and free counselling for immigrant women, i.e. counselling and aid centres especially for women, dealing with general and reproductive health, women's rights, employment, etc., and underlines that counselling needs to be gender and culture sensitive (e.g. run by women with knowledge of countries of emigration in terms of culture, family patterns etc.);

| 30. | Stresses also, in particular, the importance of unconditional and even priority access for immigrant women to education and vocational training, essential prerequisites for real integration into society and working life; |
| --- | --- |

30.

Stresses also, in particular, the importance of unconditional and even priority access for immigrant women to education and vocational training, essential prerequisites for real integration into society and working life;

| 31. | Considers that various action programmes have been developed in the Member States, and notably at regional and local level, to address the increasing pluralism of present-day societies, and that the experience acquired by the various authorities in this context should be combined in a common set of achievements in order to facilitate the exchange of best practice, the comparison of results, and the availability of information to the Member States, EU institutions, regional and local authorities and other players involved; |
| --- | --- |

31.

Considers that various action programmes have been developed in the Member States, and notably at regional and local level, to address the increasing pluralism of present-day societies, and that the experience acquired by the various authorities in this context should be combined in a common set of achievements in order to facilitate the exchange of best practice, the comparison of results, and the availability of information to the Member States, EU institutions, regional and local authorities and other players involved;

| 32. | Supports the proposals, in line with the open method of coordination, to promote the exchange of information, ideas and experiences regarding the integration and employment of both new and existing immigrants; notes that the European Parliament should have a strong role in this, and that all relevant actors must be involved, including migrants' organisations; at the same time, urges a more ambitious scope for actions e.g. more detailed coverage of migration-related issues in the EES, awareness-raising about migrants' rights and responsibilities, action by the EU Social Partners to improve the appropriate representation and involvement of migrant workers in the private and public sector, in trade unions and work councils and measures to improve the ethnic diversity of staff in the EU institutions and other public administrations; |
| --- | --- |

32.

Supports the proposals, in line with the open method of coordination, to promote the exchange of information, ideas and experiences regarding the integration and employment of both new and existing immigrants; notes that the European Parliament should have a strong role in this, and that all relevant actors must be involved, including migrants' organisations; at the same time, urges a more ambitious scope for actions e.g. more detailed coverage of migration-related issues in the EES, awareness-raising about migrants' rights and responsibilities, action by the EU Social Partners to improve the appropriate representation and involvement of migrant workers in the private and public sector, in trade unions and work councils and measures to improve the ethnic diversity of staff in the EU institutions and other public administrations;

| 33. | Welcomes the inclusion in the Communication of the concept of civic citizenship, enabling third country nationals legally resident in the EU to enjoy a status conferring on them economic, social and political rights and duties, including the right to vote in local and European elections, but stresses that this means more than implementing legal initiatives; emphasises the importance of civic citizenship for a sense of belonging to a community and thus integration; calls on the Commission to continue to emphasise a need for Member States to ensure that their citizenship requirements are non-discriminatory, particularly taking into account the grounds set out in Article 13 of the Treaty; |
| --- | --- |

33.

Welcomes the inclusion in the Communication of the concept of civic citizenship, enabling third country nationals legally resident in the EU to enjoy a status conferring on them economic, social and political rights and duties, including the right to vote in local and European elections, but stresses that this means more than implementing legal initiatives; emphasises the importance of civic citizenship for a sense of belonging to a community and thus integration; calls on the Commission to continue to emphasise a need for Member States to ensure that their citizenship requirements are non-discriminatory, particularly taking into account the grounds set out in Article 13 of the Treaty;

| 34. | Stresses that while employment is key to overall integration, other measures are required for those who do not participate in the labour market including children, people caring in the family, and those with health problems; highlights that there are many other ways of fostering participation in society and integration including the promotion of voluntary activities; |
| --- | --- |

34.

Stresses that while employment is key to overall integration, other measures are required for those who do not participate in the labour market including children, people caring in the family, and those with health problems; highlights that there are many other ways of fostering participation in society and integration including the promotion of voluntary activities;

The need for a comprehensive, joined-up approach

| 35. | Believes EU cooperation in managing migration, especially in relation to the labour market, is necessary but requires political commitment and leadership; sees the current political climate over asylum and illegal immigration as a possible obstacle to creating cooperation on managed migration and integration policies, but believes EU coordination and the sharing of best practice is highly desirable in achieving the goals of Tampere and Lisbon, while recognising the authority of individual Member States in the area of asylum as well as immigration policy; |
| --- | --- |

35.

Believes EU cooperation in managing migration, especially in relation to the labour market, is necessary but requires political commitment and leadership; sees the current political climate over asylum and illegal immigration as a possible obstacle to creating cooperation on managed migration and integration policies, but believes EU coordination and the sharing of best practice is highly desirable in achieving the goals of Tampere and Lisbon, while recognising the authority of individual Member States in the area of asylum as well as immigration policy;

| 36. | Urges the Council and the Member States to put the positive case for managed migration, in particular by progressing all the elements of the balanced agenda set out at the Tampere European Council, including those side-lined (e.g. links with developing countries and integration policy) by the more recent emphasis on illegal immigration and asylum-seeking; stresses that the directives agreed so far as part of the Tampere agenda fall far short of the promises made at Tampere and notes that this has important implications for integration; calls on the Member States to explore the view of organisations such as the International Organisation for Migration which argue that policies on managed migration, including for employment, are the necessary counter-part to asylum systems reform and action against illegal immigration — without more legitimate economic migration opportunities, the abuse of, and the pressure on, asylum policy and on all illegal forms of migration will not decrease; |
| --- | --- |

36.

Urges the Council and the Member States to put the positive case for managed migration, in particular by progressing all the elements of the balanced agenda set out at the Tampere European Council, including those side-lined (e.g. links with developing countries and integration policy) by the more recent emphasis on illegal immigration and asylum-seeking; stresses that the directives agreed so far as part of the Tampere agenda fall far short of the promises made at Tampere and notes that this has important implications for integration; calls on the Member States to explore the view of organisations such as the International Organisation for Migration which argue that policies on managed migration, including for employment, are the necessary counter-part to asylum systems reform and action against illegal immigration — without more legitimate economic migration opportunities, the abuse of, and the pressure on, asylum policy and on all illegal forms of migration will not decrease;

| 37. | Considers that action against illegal immigration and trafficking in human beings must not result in a repressive policy directed against illegal immigrants but rather against traffickers and those who benefit from the situation; |
| --- | --- |

37.

Considers that action against illegal immigration and trafficking in human beings must not result in a repressive policy directed against illegal immigrants but rather against traffickers and those who benefit from the situation;

| 38. | Stresses the need to look into the causes and consequences of illegal as well as legal immigration and refuge, especially for women immigrants and asylum seekers, who might be emigrating because of gender discrimination or persecution; |
| --- | --- |

38.

Stresses the need to look into the causes and consequences of illegal as well as legal immigration and refuge, especially for women immigrants and asylum seekers, who might be emigrating because of gender discrimination or persecution;

| 39. | Urges the Member States periodically to draw up studies and inform the Commission of the illegal and hidden labour market, its impact on national economic activity and the presence of immigrants on the labour market, given that a real prospect of finding a job unquestionably serves as a incentive for illegal immigration; |
| --- | --- |

39.

Urges the Member States periodically to draw up studies and inform the Commission of the illegal and hidden labour market, its impact on national economic activity and the presence of immigrants on the labour market, given that a real prospect of finding a job unquestionably serves as a incentive for illegal immigration;

| 40. | Insists on the need for studies, gender-specific statistics and thematic research on the feminisation of immigration, the role of women in integration and socio-economic discrimination against immigrant women, for example, in order to be able to work on drawing up European and national public policies which take account of the specific implications of gender in migration; |
| --- | --- |

40.

Insists on the need for studies, gender-specific statistics and thematic research on the feminisation of immigration, the role of women in integration and socio-economic discrimination against immigrant women, for example, in order to be able to work on drawing up European and national public policies which take account of the specific implications of gender in migration;

| 41. | Bearing in mind that Member States are responsible for determining the number of third country nationals on their territories, supports the idea of establishing global estimates that also take into account people whose residence has been authorised on grounds other than that of economic activity, such as refugees, people enjoying subsidiary protection and those entering for family reunification purposes, including minors of working age, who must be ensured access to the labour market; |
| --- | --- |

41.

Bearing in mind that Member States are responsible for determining the number of third country nationals on their territories, supports the idea of establishing global estimates that also take into account people whose residence has been authorised on grounds other than that of economic activity, such as refugees, people enjoying subsidiary protection and those entering for family reunification purposes, including minors of working age, who must be ensured access to the labour market;

| 42. | Welcomes the appeal lodged by its President at the European Court of Justice against Directive 2003/86/EC aimed at securing the repeal of the provision allowing Member States to subject immigrant children aged over twelve to a test before deciding if they may rejoin their parents; |
| --- | --- |

42.

Welcomes the appeal lodged by its President at the European Court of Justice against Directive 2003/86/EC aimed at securing the repeal of the provision allowing Member States to subject immigrant children aged over twelve to a test before deciding if they may rejoin their parents;

Co-operation and dialogue with third countries

| 43. | Calls on the Council and Member States to improve dialogue with third countries to ensure, inter alia, that the root causes of economic immigration are addressed, and that policies will support development objectives; |
| --- | --- |

43.

Calls on the Council and Member States to improve dialogue with third countries to ensure, inter alia, that the root causes of economic immigration are addressed, and that policies will support development objectives;

| 44. | Also calls on the governments of the Member States to define and cooperate on systems of regulation, qualitative and quantitative, for legal entry to Europe to offer to those countries of origin and transit which experience the main flows of illegal immigration, in order to establish partnerships with a view to drawing up agreements on readmission, management of migratory flows, and the combating of illegal immigration; |
| --- | --- |

44.

Also calls on the governments of the Member States to define and cooperate on systems of regulation, qualitative and quantitative, for legal entry to Europe to offer to those countries of origin and transit which experience the main flows of illegal immigration, in order to establish partnerships with a view to drawing up agreements on readmission, management of migratory flows, and the combating of illegal immigration;

| 45. | Calls on the Member States also to conclude agreements with countries of origin so as to guarantee the transfer of immigrants' social security entitlements; |
| --- | --- |

45.

Calls on the Member States also to conclude agreements with countries of origin so as to guarantee the transfer of immigrants' social security entitlements;

| 46. | Calls for the necessary political and economic instruments at the disposal of the EU to be used effectively to reduce the underlying causes of migration flows and to support cooperation with third countries that have a key role to play in the management of migration; |
| --- | --- |

46.

Calls for the necessary political and economic instruments at the disposal of the EU to be used effectively to reduce the underlying causes of migration flows and to support cooperation with third countries that have a key role to play in the management of migration;

| 47. | Recalls the Commission Communication on integrating migration issues in the EU's relations with third countries, and in particular the following:






  — | a balanced overall approach which addresses the root causes of migration movements; |
| --- | --- | --- |

47.

Recalls the Commission Communication on integrating migration issues in the EU's relations with third countries, and in particular the following:

—

a balanced overall approach which addresses the root causes of migration movements;

| — | a partnership on migration stemming from a definition of common interests with third countries; and |
| --- | --- |

—

a partnership on migration stemming from a definition of common interests with third countries; and

| — | specific and concrete initiatives to assist third countries in increasing their capacity in the area of migration management; in this regard, highlights the importance of budget item 19 02 03 (B7-667) for 2004 which provides for a multi-annual programme 2004—2008 to manage all aspects of migration flows; |
| --- | --- |

—

specific and concrete initiatives to assist third countries in increasing their capacity in the area of migration management; in this regard, highlights the importance of budget item 19 02 03 (B7-667) for 2004 which provides for a multi-annual programme 2004—2008 to manage all aspects of migration flows;

| 48. | Considers that labour migration policy should be based on efforts to achieve fair national and international labour relations; considers that consultation with countries of origin and local trade unions is therefore necessary; proposes that all this should be regulated by international legislation; the International Labour Organisation must obviously be accorded an important role in this area; |
| --- | --- |

48.

Considers that labour migration policy should be based on efforts to achieve fair national and international labour relations; considers that consultation with countries of origin and local trade unions is therefore necessary; proposes that all this should be regulated by international legislation; the International Labour Organisation must obviously be accorded an important role in this area;

| 49. | Calls on the governments of Member States to promote a responsible balanced debate, based on accurate, independently researched information on the levels of migration, the positive economic and social contribution of migrants as well as costs and on the way that migration can be one of many solutions to the demographic trends of the EU's declining working age population, a debate involving political leaders, the media, social partners and civil society; |
| --- | --- |

49.

Calls on the governments of Member States to promote a responsible balanced debate, based on accurate, independently researched information on the levels of migration, the positive economic and social contribution of migrants as well as costs and on the way that migration can be one of many solutions to the demographic trends of the EU's declining working age population, a debate involving political leaders, the media, social partners and civil society;

| 50. | Stresses the huge importance of gender mainstreaming in all policy areas of the EU and calls for a much higher recognition of the specific and often devastating problems which women face when immigrating and integrating into a foreign country; |
| --- | --- |

50.

Stresses the huge importance of gender mainstreaming in all policy areas of the EU and calls for a much higher recognition of the specific and often devastating problems which women face when immigrating and integrating into a foreign country;

*

- *

| 51. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

51.

Instructs its President to forward this resolution to the Council and the Commission.

---

(1)  OJ C 364, 18.12.2000, p.1.

(2)  OJ L 180, 19.7.2000, p. 22.

(3)  OJ L 303, 2.12.2000, p. 16.

(4)  OJ C 125, 27.5.2002, p. 112.

(5)  OJ C 228, 13.8.2001, p. 193.

(6)  OJ L 251, 3.10.2003, p. 12.

P5_TA(2004)0029

Illegal immigration, smuggling and trafficking of human beings

European Parliament resolution on the communication from the Commission to the European Parliament and the Council in view of the European Council of Thessaloniki on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents (COM(2003) 323 — 2003/2156(INI))

The European Parliament,

| — | having regard to the Commission communication (COM(2003) 323), |
| --- | --- |

—

having regard to the Commission communication (COM(2003) 323),

| — | having regard to the plan for the management of the external borders of the Member States of the European Union, adopted by the Justice and Home Affairs Council on 13 June 2002, |
| --- | --- |

—

having regard to the plan for the management of the external borders of the Member States of the European Union, adopted by the Justice and Home Affairs Council on 13 June 2002,

| — | having regard to the conclusions of the Seville European Council of 21 and 22 June 2002 on the gradual introduction of coordinated, integrated management of external borders, |
| --- | --- |

—

having regard to the conclusions of the Seville European Council of 21 and 22 June 2002 on the gradual introduction of coordinated, integrated management of external borders,

| — | having regard to the conclusions of the Thessaloniki European Council of 19 and 20 June 2003 on the development of a common policy on illegal immigration, external borders, the return of illegal migrants and cooperation with third countries, |
| --- | --- |

—

having regard to the conclusions of the Thessaloniki European Council of 19 and 20 June 2003 on the development of a common policy on illegal immigration, external borders, the return of illegal migrants and cooperation with third countries,

| — | having regard to the conclusions of the Brussels European Council of 16 and 17 October 2003, |
| --- | --- |

—

having regard to the conclusions of the Brussels European Council of 16 and 17 October 2003,

| — | having regard to the proposal for a European Parliament and Council regulation establishing a programme for financial and technical assistance to third countries in the area of migration and asylum (COM(2003) 355) and to Parliament's position of 4 December 2003 thereon (1), |
| --- | --- |

—

having regard to the proposal for a European Parliament and Council regulation establishing a programme for financial and technical assistance to third countries in the area of migration and asylum (COM(2003) 355) and to Parliament's position of 4 December 2003 thereon (1),

| — | having regard to the proposal for a Council regulation amending Regulation (EC) No 1683/95 laying down a uniform format for visas and the proposal for a Council regulation amending Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals (COM(2003) 558), |
| --- | --- |

—

having regard to the proposal for a Council regulation amending Regulation (EC) No 1683/95 laying down a uniform format for visas and the proposal for a Council regulation amending Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals (COM(2003) 558),

| — | having regard to Rules 47(2) and 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 47(2) and 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0419/2003), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0419/2003),

| A. | whereas combating terrorism, organised crime, trafficking in human beings and drug trafficking makes internal security a key area of EU policy, |
| --- | --- |

A.

whereas combating terrorism, organised crime, trafficking in human beings and drug trafficking makes internal security a key area of EU policy,

| B. | whereas the outcome of proceedings in the European Convention clearly emphasises the Union's role in guaranteeing security internally and externally, in particular through the gradual introduction of the integrated management of external borders; whereas its role is clearly strengthened in this context, |
| --- | --- |

B.

whereas the outcome of proceedings in the European Convention clearly emphasises the Union's role in guaranteeing security internally and externally, in particular through the gradual introduction of the integrated management of external borders; whereas its role is clearly strengthened in this context,

| C. | whereas the effective combating of trafficking in human beings, e.g. bringing to book the profiteers who earn huge sums of money from such trade, is a first step in the fight against illegal immigration into the EU, |
| --- | --- |

C.

whereas the effective combating of trafficking in human beings, e.g. bringing to book the profiteers who earn huge sums of money from such trade, is a first step in the fight against illegal immigration into the EU,

| D. | whereas illegal immigration and illegal employment pose a social problem not only for individual Member States, but for the EU as a whole, so that progress in the sphere of asylum and immigration policy must therefore be made at EU level to avoid the human tragedies which are a daily occurrence in the European Union, |
| --- | --- |

D.

whereas illegal immigration and illegal employment pose a social problem not only for individual Member States, but for the EU as a whole, so that progress in the sphere of asylum and immigration policy must therefore be made at EU level to avoid the human tragedies which are a daily occurrence in the European Union,

| E. | whereas people who leave their country to migrate to the European Union are people who, in their own eyes, have good, often vital reasons for doing so; whereas each of us, in the same economic, social, psychological and emotional conditions, would do likewise; |
| --- | --- |

E.

whereas people who leave their country to migrate to the European Union are people who, in their own eyes, have good, often vital reasons for doing so; whereas each of us, in the same economic, social, psychological and emotional conditions, would do likewise;

| F. | whereas a legal immigration policy, particularly in agriculture, forestry, the restaurant business and the building industry, accompanied by systematic combating of illegal employment in those sectors, may reduce the ‘pull factor‧ in those sectors of the economy based on illegal immigration, |
| --- | --- |

F.

whereas a legal immigration policy, particularly in agriculture, forestry, the restaurant business and the building industry, accompanied by systematic combating of illegal employment in those sectors, may reduce the ‘pull factor‧ in those sectors of the economy based on illegal immigration,

| G. | whereas it is of the utmost importance that the victims of trafficking in human beings are not regarded as criminals but as victims of crime, |
| --- | --- |

G.

whereas it is of the utmost importance that the victims of trafficking in human beings are not regarded as criminals but as victims of crime,

| H. | whereas, in the continued development of the area of freedom, security and justice, coherent EU measures in the sphere of illegal immigration and border protection are necessary, |
| --- | --- |

H.

whereas, in the continued development of the area of freedom, security and justice, coherent EU measures in the sphere of illegal immigration and border protection are necessary,

| I. | whereas more stringent checks at the EU's external borders may curb the activities of smugglers of human beings and thus help to prevent trafficking, |
| --- | --- |

I.

whereas more stringent checks at the EU's external borders may curb the activities of smugglers of human beings and thus help to prevent trafficking,

| J. | whereas a Community return policy, preventive measures taken in cooperation with third states and an integrated plan for measures to combat traffickers can only be effective if accompanied by an active policy of legal immigration and a common coherent asylum policy, |
| --- | --- |

J.

whereas a Community return policy, preventive measures taken in cooperation with third states and an integrated plan for measures to combat traffickers can only be effective if accompanied by an active policy of legal immigration and a common coherent asylum policy,

| K. | whereas targeted stabilisation programmes in countries of origin and of transit can help to improve the economic, political or social circumstances which potential migrants perceive as push factors, |
| --- | --- |

K.

whereas targeted stabilisation programmes in countries of origin and of transit can help to improve the economic, political or social circumstances which potential migrants perceive as push factors,

| L. | whereas the more widespread provision in countries of origin and of transit of information regarding the consequences of illegal immigration into the EU and the scope for legal immigration can offer a counterargument to the promises made by traffickers and thus help to prevent illegal immigration, |
| --- | --- |

L.

whereas the more widespread provision in countries of origin and of transit of information regarding the consequences of illegal immigration into the EU and the scope for legal immigration can offer a counterargument to the promises made by traffickers and thus help to prevent illegal immigration,

| 1. | Endorses the conclusions reached at the Tampere, Brussels and Thessaloniki European Councils, and the legislative package presented by the Commission; |
| --- | --- |

1.

Endorses the conclusions reached at the Tampere, Brussels and Thessaloniki European Councils, and the legislative package presented by the Commission;

Securing the EU's external borders

| 2. | Takes the view that the vital need for uniform security standards at all the external borders of the enlarged EU calls for both responsibility sharing in connection with the task of securing sections of those borders which are particularly at risk and improvements in the effectiveness of measures by means of joint action or coordination; |
| --- | --- |

2.

Takes the view that the vital need for uniform security standards at all the external borders of the enlarged EU calls for both responsibility sharing in connection with the task of securing sections of those borders which are particularly at risk and improvements in the effectiveness of measures by means of joint action or coordination;

| 3. | Reiterates its position set out in its resolution of 15 January 2003 (2) on integrated management of the external borders in regard to the implementation of a joint basic and further training plan for the common management of borders, inter alia through further training programmes under ARGO and the establishment of a European Staff College; |
| --- | --- |

3.

Reiterates its position set out in its resolution of 15 January 2003 (2) on integrated management of the external borders in regard to the implementation of a joint basic and further training plan for the common management of borders, inter alia through further training programmes under ARGO and the establishment of a European Staff College;

| 4. | Reiterates its support for the development of a European Corps of Border Guards, made up of special units, which would be financed by the Community and, if necessary and at the request of the Member States, would be temporarily detached to help the national authorities monitor at-risk sections of the EU's external borders, without, however, usurping Member States' competences; |
| --- | --- |

4.

Reiterates its support for the development of a European Corps of Border Guards, made up of special units, which would be financed by the Community and, if necessary and at the request of the Member States, would be temporarily detached to help the national authorities monitor at-risk sections of the EU's external borders, without, however, usurping Member States' competences;

| 5. | Notes the Commission proposal to set up under its aegis a Community operational structure to improve cooperation in connection with the protection of external borders; opposes the establishment of a separate agency to carry out border checks; |
| --- | --- |

5.

Notes the Commission proposal to set up under its aegis a Community operational structure to improve cooperation in connection with the protection of external borders; opposes the establishment of a separate agency to carry out border checks;

| 6. | Notes that the establishment of a European Corps of Border Guards would necessitate a new legal basis; |
| --- | --- |

6.

Notes that the establishment of a European Corps of Border Guards would necessitate a new legal basis;

| 7. | Looks to the new Member States to use the EU funding made available to them under the Schengen facility in such a way that the Schengen standards can be met at the EU's new external borders as quickly as possible; |
| --- | --- |

7.

Looks to the new Member States to use the EU funding made available to them under the Schengen facility in such a way that the Schengen standards can be met at the EU's new external borders as quickly as possible;

| 8. | Emphasises the need for a revision of the Schengen Manual and calls on the Commission to put forward proposals to that effect as quickly as possible; |
| --- | --- |

8.

Emphasises the need for a revision of the Schengen Manual and calls on the Commission to put forward proposals to that effect as quickly as possible;

| 9. | Firmly believes that the borders must remain open to people who are fleeing repression and applying for asylum in the Member States of the Union; insists that asylum policies should fully respect the Geneva Convention relating to the status of refugees; |
| --- | --- |

9.

Firmly believes that the borders must remain open to people who are fleeing repression and applying for asylum in the Member States of the Union; insists that asylum policies should fully respect the Geneva Convention relating to the status of refugees;

Operational cooperation and exchange of information

| 10. | Welcomes the Commission's communication to the Council and Parliament concerning an action plan for the collection and analysis of Community statistics in the field of migration (COM (2003) 179); calls for the speedy and full implementation of the action plan for statistics so that the Union is in a better position to collect, exchange and process information on illegal immigration and, in particular, the trafficking of women and children, taking account of Parliament's opinion on the communication; |
| --- | --- |

10.

Welcomes the Commission's communication to the Council and Parliament concerning an action plan for the collection and analysis of Community statistics in the field of migration (COM (2003) 179); calls for the speedy and full implementation of the action plan for statistics so that the Union is in a better position to collect, exchange and process information on illegal immigration and, in particular, the trafficking of women and children, taking account of Parliament's opinion on the communication;

| 11. | Calls for cooperation among the Member States and between the Member States and the Commission to be improved through the use of a standardised system for the provision and analysis of data concerning illegal and legal immigration; |
| --- | --- |

11.

Calls for cooperation among the Member States and between the Member States and the Commission to be improved through the use of a standardised system for the provision and analysis of data concerning illegal and legal immigration;

| 12. | Regards it as essential, further, that cooperation and arrangements for the exchange of information with countries of origin and of transit should be consolidated and developed; |
| --- | --- |

12.

Regards it as essential, further, that cooperation and arrangements for the exchange of information with countries of origin and of transit should be consolidated and developed;

| 13. | Supports the Commission's initiatives on asylum and immigration policy and calls on the Council to adopt these proposals and to take account of its resolutions and positions thereon; |
| --- | --- |

13.

Supports the Commission's initiatives on asylum and immigration policy and calls on the Council to adopt these proposals and to take account of its resolutions and positions thereon;

Asylum, immigration and return policy

| 14. | Affirms that the Member States have an exclusive right to lay down provisions governing the nature and scale of legal immigration; believes, however, that a common social integration policy is essential in an area of common policy in the social, economic and legal fields; |
| --- | --- |

14.

Affirms that the Member States have an exclusive right to lay down provisions governing the nature and scale of legal immigration; believes, however, that a common social integration policy is essential in an area of common policy in the social, economic and legal fields;

| 15. | Stresses the need to maintain an overall, coherent approach to a common European policy on asylum and migration, which must include:






  — | legal means for third-country nationals to enter the Union, taking into account reception capacity and enhanced cooperation with the countries of origin; |
| --- | --- | --- |

15.

Stresses the need to maintain an overall, coherent approach to a common European policy on asylum and migration, which must include:

—

legal means for third-country nationals to enter the Union, taking into account reception capacity and enhanced cooperation with the countries of origin;

| — | an EU integration policy that strikes a balance between rights and corresponding obligations of legally resident third-country nationals and the host societies, ensuring equality of treatment and non-discrimination; |
| --- | --- |

—

an EU integration policy that strikes a balance between rights and corresponding obligations of legally resident third-country nationals and the host societies, ensuring equality of treatment and non-discrimination;

| — | highlighting best practice in respect of immigration and integration policies as practised by the Member States; |
| --- | --- |

—

highlighting best practice in respect of immigration and integration policies as practised by the Member States;

| 16. | Stresses that the Member States must take the necessary measures quickly to put in place a legal and effective immigration policy; |
| --- | --- |

16.

Stresses that the Member States must take the necessary measures quickly to put in place a legal and effective immigration policy;

| 17. | Endorses the Council decision that the Member States should announce legal immigration quotas which could be used to establish at EU level a joint position in negotiations on readmission agreements; |
| --- | --- |

17.

Endorses the Council decision that the Member States should announce legal immigration quotas which could be used to establish at EU level a joint position in negotiations on readmission agreements;

| 18. | Believes that the overriding priority must be a voluntary return policy, while stressing that any policy development should fully respect the principle of non-refoulement and the right to seek asylum; |
| --- | --- |

18.

Believes that the overriding priority must be a voluntary return policy, while stressing that any policy development should fully respect the principle of non-refoulement and the right to seek asylum;

| 19. | Regards it as essential that existing readmission agreements with countries of origin and of transit should be continued and that current negotiations on new agreements should be concluded swiftly; |
| --- | --- |

19.

Regards it as essential that existing readmission agreements with countries of origin and of transit should be continued and that current negotiations on new agreements should be concluded swiftly;

| 20. | Takes the view that bilateral readmission agreements between Member States and countries of origin and of transit should be replaced, where possible, by Community agreements; |
| --- | --- |

20.

Takes the view that bilateral readmission agreements between Member States and countries of origin and of transit should be replaced, where possible, by Community agreements;

| 21. | Takes the view that the ILO network should play a role, in view of its unique knowledge and connections, in successfully returning illegal immigrants to their countries of origin and reintegrating them; |
| --- | --- |

21.

Takes the view that the ILO network should play a role, in view of its unique knowledge and connections, in successfully returning illegal immigrants to their countries of origin and reintegrating them;

| 22. | Takes the view that readmission agreements concluded between the EU and third states impose requirements on both sides which must be met by both sides; |
| --- | --- |

22.

Takes the view that readmission agreements concluded between the EU and third states impose requirements on both sides which must be met by both sides;

| 23. | Takes the view that the return of illegal immigrants must take place in a manner consistent with fundamental rights and the highest possible security standards, as laid down in relevant international agreements; |
| --- | --- |

23.

Takes the view that the return of illegal immigrants must take place in a manner consistent with fundamental rights and the highest possible security standards, as laid down in relevant international agreements;

| 24. | Calls on the Member States to ensure that people who have entered their territory legally do not fall outside the law as a result of poor practice on the part of their own national administrations; |
| --- | --- |

24.

Calls on the Member States to ensure that people who have entered their territory legally do not fall outside the law as a result of poor practice on the part of their own national administrations;

| 25. | Reiterates that, in accordance with Article 19 of the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, collective expulsions are prohibited and that no one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment; |
| --- | --- |

25.

Reiterates that, in accordance with Article 19 of the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, collective expulsions are prohibited and that no one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment;

Introduction of unforgeable documents

| 26. | Takes note of the Commission proposals on the introduction of biometric identifiers and biometric data in the visas and residence permits of third-country nationals and as a second step in the passports for EU citizens, though this must be done while taking the utmost account of data protection requirements; |
| --- | --- |

26.

Takes note of the Commission proposals on the introduction of biometric identifiers and biometric data in the visas and residence permits of third-country nationals and as a second step in the passports for EU citizens, though this must be done while taking the utmost account of data protection requirements;

| 27. | Calls on the Commission, in this connection, to make available as quickly as possible information on the long-term objectives, the legal and technical conditions and the financial implications of the development of the visa information system (VIS); |
| --- | --- |

27.

Calls on the Commission, in this connection, to make available as quickly as possible information on the long-term objectives, the legal and technical conditions and the financial implications of the development of the visa information system (VIS);

| 28. | Calls on the Council, in this connection, to ensure that there is control over personal data and to improve the development and adjustment of arrangements facilitating such control over the ever-increasing amount of data which is processed; |
| --- | --- |

28.

Calls on the Council, in this connection, to ensure that there is control over personal data and to improve the development and adjustment of arrangements facilitating such control over the ever-increasing amount of data which is processed;

Information campaigns by countries of origin and of transit

| 29. | Regards it as essential that the ideas concerning illegal immigration prevailing in countries of origin and of transit should be combated by means of intensified information campaigns, particularly in audiovisual media, designed to raise awareness of the consequences of illegal immigration or the refusal of a residence permit or an asylum application; |
| --- | --- |

29.

Regards it as essential that the ideas concerning illegal immigration prevailing in countries of origin and of transit should be combated by means of intensified information campaigns, particularly in audiovisual media, designed to raise awareness of the consequences of illegal immigration or the refusal of a residence permit or an asylum application;

| 30. | Calls for support for all measures designed to raise awareness in countries of origin and of transit of the implications of illegal immigration and the activities of traffickers, in particular measures which can reach a wide audience through television broadcasts; |
| --- | --- |

30.

Calls for support for all measures designed to raise awareness in countries of origin and of transit of the implications of illegal immigration and the activities of traffickers, in particular measures which can reach a wide audience through television broadcasts;

| 31. | Takes the view, in that connection, that information campaigns on the scope and prospects for legal immigration as a genuine alternative to illegal immigration should also be stepped up; |
| --- | --- |

31.

Takes the view, in that connection, that information campaigns on the scope and prospects for legal immigration as a genuine alternative to illegal immigration should also be stepped up;

| 32. | Welcomes, in this connection, the abovementioned Commission proposal to establish a programme for financial and technical assistance to third countries in the area of migration and asylum, particularly in regard to the setting-up of information campaigns on the consequences of illegal immigration and of clandestine employment in the European Union, the establishment in the third countries concerned of an effective and preventive policy in the fight against illegal migration, including in particular the fight against trafficking in human beings and smuggling of migrants, and the dissemination of information on the possibilities of working legally in the European Union and on the procedures to be followed to this end; hopes that the Regulation can be adopted at first reading; |
| --- | --- |

32.

Welcomes, in this connection, the abovementioned Commission proposal to establish a programme for financial and technical assistance to third countries in the area of migration and asylum, particularly in regard to the setting-up of information campaigns on the consequences of illegal immigration and of clandestine employment in the European Union, the establishment in the third countries concerned of an effective and preventive policy in the fight against illegal migration, including in particular the fight against trafficking in human beings and smuggling of migrants, and the dissemination of information on the possibilities of working legally in the European Union and on the procedures to be followed to this end; hopes that the Regulation can be adopted at first reading;

Financial aspects

| 33. | Endorses the Commission's proposal to make available, over the period 2004—2006, further appropriations to cover the development of the VIS, the implementation of an integrated return programme and the establishment, under the aegis of the Commission, of an instrument of Community solidarity to protect external borders; agrees, in principle, to make the sum concerned available annually but expects to be informed in detail and involved on an annual basis, principally through the submission to Parliament of a corresponding transparent summary, as a condition of its agreement; |
| --- | --- |

33.

Endorses the Commission's proposal to make available, over the period 2004—2006, further appropriations to cover the development of the VIS, the implementation of an integrated return programme and the establishment, under the aegis of the Commission, of an instrument of Community solidarity to protect external borders; agrees, in principle, to make the sum concerned available annually but expects to be informed in detail and involved on an annual basis, principally through the submission to Parliament of a corresponding transparent summary, as a condition of its agreement;

| 34. | Welcomes the fact that the increasing significance of the political objective of creating an area of freedom, security and justice will also be reflected in the European Union's budget; stresses that this step was overdue; considers it absolutely essential to make further efforts in the coming years, particularly in regard to the adoption of a new financial perspective in 2007; |
| --- | --- |

34.

Welcomes the fact that the increasing significance of the political objective of creating an area of freedom, security and justice will also be reflected in the European Union's budget; stresses that this step was overdue; considers it absolutely essential to make further efforts in the coming years, particularly in regard to the adoption of a new financial perspective in 2007;

*

- *

| 35. | Instructs its President to forward this resolution to the Council and Commission and the parliaments of the Member States. |
| --- | --- |

35.

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

---

(1)  P5_TA(2003)0543.

(2)  P5_TA(2003)0013.

P5_TA(2004)0030

Implementation of Directive 96/71/EC

European Parliament resolution on the implementation of Directive 96/71/EC in the Member States (COM(2003) 458 — 2003/2168(INI))

The European Parliament,

| — | having regard to the Commission communication (COM(2003) 458), |
| --- | --- |

—

having regard to the Commission communication (COM(2003) 458),

| — | having regard to Rule 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs (A5-0448/2003), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs (A5-0448/2003),

| A. | whereas the free movement of services in the single market has made a new form of worker mobility possible, quite distinct from the mobility of migrant workers, as it is restricted to work carried out temporarily in a Member State other than the State whose legislation governs the employment relationship, |
| --- | --- |

A.

whereas the free movement of services in the single market has made a new form of worker mobility possible, quite distinct from the mobility of migrant workers, as it is restricted to work carried out temporarily in a Member State other than the State whose legislation governs the employment relationship,

| B. | whereas there are three groups of scenarios to which the Directive applies: the posting of workers under a contract concluded between the undertaking making the posting and the party for whom the services are intended, the posting of workers to a workplace or an undertaking owned by the group and the posting of workers by a temporary employment agency which hires them out to a user undertaking operating in a Member State other than that of the agency, |
| --- | --- |

B.

whereas there are three groups of scenarios to which the Directive applies: the posting of workers under a contract concluded between the undertaking making the posting and the party for whom the services are intended, the posting of workers to a workplace or an undertaking owned by the group and the posting of workers by a temporary employment agency which hires them out to a user undertaking operating in a Member State other than that of the agency,

| C. | whereas the free movement of services will be facilitated if the Member States agree on a common nucleus of mandatory minimum protection rules for the posting of workers, which appears, on the basis of experience hitherto, to be in dire need of improvement, |
| --- | --- |

C.

whereas the free movement of services will be facilitated if the Member States agree on a common nucleus of mandatory minimum protection rules for the posting of workers, which appears, on the basis of experience hitherto, to be in dire need of improvement,

| D. | whereas employees in the branches concerned are often exposed to particularly dangerous working conditions, |
| --- | --- |

D.

whereas employees in the branches concerned are often exposed to particularly dangerous working conditions,

| E. | whereas 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 (1) contains a Community catalogue of such minimum protection rules, the purpose of which is to increase legal certainty and make it possible to identify the working conditions applicable to employees carrying out work temporarily in a Member State other than the State whose legislation governs the employment relationship, |
| --- | --- |

E.

whereas 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 (1) contains a Community catalogue of such minimum protection rules, the purpose of which is to increase legal certainty and make it possible to identify the working conditions applicable to employees carrying out work temporarily in a Member State other than the State whose legislation governs the employment relationship,

| F. | whereas there exist interfaces between the Directive and national implementation, |
| --- | --- |

F.

whereas there exist interfaces between the Directive and national implementation,

| G. | whereas negotiations on the adoption of Directive 96/71/EC lasted over five years (from the first Commission proposal on 28 June 1991 to the final adoption of the Directive on 16 December 1996), |
| --- | --- |

G.

whereas negotiations on the adoption of Directive 96/71/EC lasted over five years (from the first Commission proposal on 28 June 1991 to the final adoption of the Directive on 16 December 1996),

| H. | whereas the deadline for implementing the Directive in the Member States only expired on 16 December 1999, |
| --- | --- |

H.

whereas the deadline for implementing the Directive in the Member States only expired on 16 December 1999,

| I. | whereas Directive 96/71/EC does not apply to social security, |
| --- | --- |

I.

whereas Directive 96/71/EC does not apply to social security,

| J. | whereas, in the light of Commission Decision 2002/260/EC of 27 March 2002 concerning the creation of a Group of Directors-General for Industrial Relations (2), a working group of experts has already been set up to discuss problems related to the implementation and application of the Directive in the Member States, |
| --- | --- |

J.

whereas, in the light of Commission Decision 2002/260/EC of 27 March 2002 concerning the creation of a Group of Directors-General for Industrial Relations (2), a working group of experts has already been set up to discuss problems related to the implementation and application of the Directive in the Member States,

| K. | whereas the first meeting of this group of experts, with representatives from the fifteen current Member States, ten future Member States and three candidate countries took place at the end of October 2003, |
| --- | --- |

K.

whereas the first meeting of this group of experts, with representatives from the fifteen current Member States, ten future Member States and three candidate countries took place at the end of October 2003,

| L. | whereas, as has been shown from experience hitherto, the implementation, as intended by the Directive, of core labour standards in the free movement of services and the prevention of social dumping, in particular in the construction and building-services sectors, often fails to be achieved in practice; |
| --- | --- |

L.

whereas, as has been shown from experience hitherto, the implementation, as intended by the Directive, of core labour standards in the free movement of services and the prevention of social dumping, in particular in the construction and building-services sectors, often fails to be achieved in practice;

| 1. | Considers that the Directive continues to be necessary in order to provide legal certainty for posted workers and the companies involved; |
| --- | --- |

1.

Considers that the Directive continues to be necessary in order to provide legal certainty for posted workers and the companies involved;

| 2. | Considers that not only adequate judicial transposition of the Directive, but also its application on the shop-floor and the monitoring of its implementation are of fundamental importance for assessing the effectiveness of the legislation, and that the significance of this will increase in the light of Union enlargement; asks the Commission to arrange for fundamental additional research to be conducted, and for that to be done in cooperation with the social partners in the sectors most affected; |
| --- | --- |

2.

Considers that not only adequate judicial transposition of the Directive, but also its application on the shop-floor and the monitoring of its implementation are of fundamental importance for assessing the effectiveness of the legislation, and that the significance of this will increase in the light of Union enlargement; asks the Commission to arrange for fundamental additional research to be conducted, and for that to be done in cooperation with the social partners in the sectors most affected;

| 3. | Considers that a number of problems affecting implementation of the Directive can also be overcome by means of better information and administrative and operational cooperation between bodies concerned (authorities, inspectorates, social partners, etc.) in the Member States; asks the Commission to submit practical proposals for strengthening such cooperation, not least with a view to combating moonlighting and other abuses; |
| --- | --- |

3.

Considers that a number of problems affecting implementation of the Directive can also be overcome by means of better information and administrative and operational cooperation between bodies concerned (authorities, inspectorates, social partners, etc.) in the Member States; asks the Commission to submit practical proposals for strengthening such cooperation, not least with a view to combating moonlighting and other abuses;

| 4. | Calls on the Commission to collect better and more concrete data on the effects of national implementation; |
| --- | --- |

4.

Calls on the Commission to collect better and more concrete data on the effects of national implementation;

| 5. | Calls on the Commission to consider problems resulting from the different options which are allowed by the Directive, for example:






  a) | unfair competition |
| --- | --- | --- |

5.

Calls on the Commission to consider problems resulting from the different options which are allowed by the Directive, for example:

a)

unfair competition

| b) | different social protection |
| --- | --- |

b)

different social protection

| c) | clear definition of workers' status; |
| --- | --- |

c)

clear definition of workers' status;

| 6. | Calls on the Commission to examine constructive legislative solutions which could lead to the prevention and elimination of unfair competition and social dumping as a consequence of the abuse of posting of workers; in addition, that a European legislative framework or other forms of provision governing liability in the case of subcontracting should be examined; |
| --- | --- |

6.

Calls on the Commission to examine constructive legislative solutions which could lead to the prevention and elimination of unfair competition and social dumping as a consequence of the abuse of posting of workers; in addition, that a European legislative framework or other forms of provision governing liability in the case of subcontracting should be examined;

| 7. | Urges the Council to assure that the framework decision concerning the application of the principle of mutual recognition to financial penalties will facilitate the cross-border enforcement of financial penalties via a simple and effective system; |
| --- | --- |

7.

Urges the Council to assure that the framework decision concerning the application of the principle of mutual recognition to financial penalties will facilitate the cross-border enforcement of financial penalties via a simple and effective system;

| 8. | Calls on the Commission to support the work of the group of experts, and for parties to wage agreements, the European Parliament, governments and parliaments of Member States and the social partners, both at European and national level and across occupational and sectoral divisions, to be involved in the activities; calls for the European Parliament (or the committee responsible) to be kept regularly informed about the progress of work; |
| --- | --- |

8.

Calls on the Commission to support the work of the group of experts, and for parties to wage agreements, the European Parliament, governments and parliaments of Member States and the social partners, both at European and national level and across occupational and sectoral divisions, to be involved in the activities; calls for the European Parliament (or the committee responsible) to be kept regularly informed about the progress of work;

| 9. | Calls for a fundamental assessment — in the light of both national and European case law — of the Directive's implementation, in relation in particular to the practical interpretation of certain concepts and definitions from the Directive (such as minimum wage inclusive of overtime, minimum number of paid holidays and of work and rest periods, and workers subject to posting), as well as the Directive's implementation through collective labour agreements, and the effect thereof on relations of competition between undertakings and employees from different Member States; calls, in that connection, for consideration also to be given to the impact of solutions being urged in Member States for certain problems in relation to subcontractors and the system of ultimate liability for the payment of taxes and other contributions; |
| --- | --- |

9.

Calls for a fundamental assessment — in the light of both national and European case law — of the Directive's implementation, in relation in particular to the practical interpretation of certain concepts and definitions from the Directive (such as minimum wage inclusive of overtime, minimum number of paid holidays and of work and rest periods, and workers subject to posting), as well as the Directive's implementation through collective labour agreements, and the effect thereof on relations of competition between undertakings and employees from different Member States; calls, in that connection, for consideration also to be given to the impact of solutions being urged in Member States for certain problems in relation to subcontractors and the system of ultimate liability for the payment of taxes and other contributions;

| 10. | Calls on the Commission to conduct more in-depth research in close cooperation with the social partners, and to submit proposals to simplify and improve the existing directive with a view to obtaining better implementation and application of the Directive in practice, as well as better achieving the goals of the Directive (i.e. the dual goals of fair competition and respect for the rights of workers within EU-15 and EU-25); |
| --- | --- |

10.

Calls on the Commission to conduct more in-depth research in close cooperation with the social partners, and to submit proposals to simplify and improve the existing directive with a view to obtaining better implementation and application of the Directive in practice, as well as better achieving the goals of the Directive (i.e. the dual goals of fair competition and respect for the rights of workers within EU-15 and EU-25);

| 11. | Calls on the Commission to examine the extent to which, in line with the recommendations of the group of experts, its departments could facilitate the work of the competent authorities in the Member States by means of improved provision of information, above all in the form of websites and the creation of relevant links; |
| --- | --- |

11.

Calls on the Commission to examine the extent to which, in line with the recommendations of the group of experts, its departments could facilitate the work of the competent authorities in the Member States by means of improved provision of information, above all in the form of websites and the creation of relevant links;

| 12. | Calls on the Commission to consider the consequences regarding enlargement in the 15 Member States and in the acceding countries; |
| --- | --- |

12.

Calls on the Commission to consider the consequences regarding enlargement in the 15 Member States and in the acceding countries;

| 13. | Calls on the Commission to consider the judgments of the European Court of Justice, and to incorporate the judgments handed down by national courts in the analysis; |
| --- | --- |

13.

Calls on the Commission to consider the judgments of the European Court of Justice, and to incorporate the judgments handed down by national courts in the analysis;

| 14. | Calls on the Commission to submit a second report to the Council and Parliament on the implementation of the Directive as soon as specific results obtained by the group of experts, the social partners and the Commission have been made available, and measures on improving administrative cooperation have been implemented, not later than by the end of 2004; |
| --- | --- |

14.

Calls on the Commission to submit a second report to the Council and Parliament on the implementation of the Directive as soon as specific results obtained by the group of experts, the social partners and the Commission have been made available, and measures on improving administrative cooperation have been implemented, not later than by the end of 2004;

| 15. | Calls on the Member States to ratify the Migrant Workers Convention (C143: ‘Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers‧) by the International Labour Organisation, in order to safeguard the basic human rights of all migrant workers; |
| --- | --- |

15.

Calls on the Member States to ratify the Migrant Workers Convention (C143: ‘Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers‧) by the International Labour Organisation, in order to safeguard the basic human rights of all migrant workers;

| 16. | Instructs its President to forward this resolution to the Council and Commission, the Economic and Social Committee and the Parliaments of the Member States. |
| --- | --- |

16.

Instructs its President to forward this resolution to the Council and Commission, the Economic and Social Committee and the Parliaments of the Member States.

---

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

(2)  OJ L 91, 6.4.2002, p. 30.

P5_TA(2004)0031

Hedge funds and derivatives

European Parliament resolution on the future of hedge funds and derivatives (2003/2082 (INI))

The European Parliament,

| — | having regard to the implementation of the Financial Services Action Plan, in particular Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 (1) on the prospectus to be published when securities are offered to the public or admitted to trading, Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market abuse (2) and the European Parliament's position of 25 September 2003 on the proposal for a European Parliament and Council directive on investment services and regulated markets (3), |
| --- | --- |

—

having regard to the implementation of the Financial Services Action Plan, in particular Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 (1) on the prospectus to be published when securities are offered to the public or admitted to trading, Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market abuse (2) and the European Parliament's position of 25 September 2003 on the proposal for a European Parliament and Council directive on investment services and regulated markets (3),

| — | having regard to European Parliament and Council Directives 2001/107/EC (4) and 2001/108/EC (5) of 21 January 2002 on undertakings for collective investment in transferable securities (UCITS) and especially Article 2 of Directive 2001/108/EC and Article 19(1) of Council Directive 85/611/EEC of 20 December 1985 as amended by Directive 2001/108/EC, |
| --- | --- |

—

having regard to European Parliament and Council Directives 2001/107/EC (4) and 2001/108/EC (5) of 21 January 2002 on undertakings for collective investment in transferable securities (UCITS) and especially Article 2 of Directive 2001/108/EC and Article 19(1) of Council Directive 85/611/EEC of 20 December 1985 as amended by Directive 2001/108/EC,

| — | having regard to European Parliament and Council Directive 2001/65/EC of 27 September 2001 on the valuation rules for annual and consolidated accounts of certain types of companies as well as of banks and other financial institutions (6), |
| --- | --- |

—

having regard to European Parliament and Council Directive 2001/65/EC of 27 September 2001 on the valuation rules for annual and consolidated accounts of certain types of companies as well as of banks and other financial institutions (6),

| — | having regard to European Parliament and Council Directive 2003/51/EC of 18 June 2003 on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings (7), |
| --- | --- |

—

having regard to European Parliament and Council Directive 2003/51/EC of 18 June 2003 on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings (7),

| — | having regard to the capital adequacy rules and current review thereof, |
| --- | --- |

—

having regard to the capital adequacy rules and current review thereof,

| — | having regard to the IOSCO (8) report on regulatory and investor protection issues arising from the participation of retail investors in (funds of) hedge funds, |
| --- | --- |

—

having regard to the IOSCO (8) report on regulatory and investor protection issues arising from the participation of retail investors in (funds of) hedge funds,

| — | having regard to consideration of derivatives by the European Central Bank's task force on credit-risk transfer, the Basel Committee on the Global Financial System and the Joint Forum (9) working group on cross-sectoral supervisory co-ordination, |
| --- | --- |

—

having regard to consideration of derivatives by the European Central Bank's task force on credit-risk transfer, the Basel Committee on the Global Financial System and the Joint Forum (9) working group on cross-sectoral supervisory co-ordination,

| — | having regard to current developments in national legislation in Europe, the US and Asia covering hedge funds and derivatives, |
| --- | --- |

—

having regard to current developments in national legislation in Europe, the US and Asia covering hedge funds and derivatives,

| — | having regard to its resolution of 22 September 1995 on financial derivatives: their present role on capital markets, their advantages and risks (10), |
| --- | --- |

—

having regard to its resolution of 22 September 1995 on financial derivatives: their present role on capital markets, their advantages and risks (10),

| — | having regard to Rule 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A5-0476/2003), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A5-0476/2003),

Concerning hedge funds

| A. | whereas the term ‘hedge funds‧ covers a wide range of financial products, which might more appropriately be called ‘sophisticated alternative investment vehicles‧ (SAIVs), |
| --- | --- |

A.

whereas the term ‘hedge funds‧ covers a wide range of financial products, which might more appropriately be called ‘sophisticated alternative investment vehicles‧ (SAIVs),

| B. | whereas SAIVs provide genuine alternative means of investment that employ sophisticated techniques often in pursuit of absolute returns in all market conditions but operate with variable, sometimes very high, leverage, and can also risk substantial losses, |
| --- | --- |

B.

whereas SAIVs provide genuine alternative means of investment that employ sophisticated techniques often in pursuit of absolute returns in all market conditions but operate with variable, sometimes very high, leverage, and can also risk substantial losses,

| C. | whereas regulatory and fiscal conditions in the EU have discouraged such undertakings in EU jurisdictions, which are therefore mostly domiciled offshore; |
| --- | --- |

C.

whereas regulatory and fiscal conditions in the EU have discouraged such undertakings in EU jurisdictions, which are therefore mostly domiciled offshore;

| D. | whereas a SAIVs regime could provide an appropriate regulatory home for other alternative investment funds, which do not necessarily pursue absolute returns, in areas such as property, currencies or commodities, and which are beginning to enter the European market but are currently unable to take advantage of a single EU-wide regime, |
| --- | --- |

D.

whereas a SAIVs regime could provide an appropriate regulatory home for other alternative investment funds, which do not necessarily pursue absolute returns, in areas such as property, currencies or commodities, and which are beginning to enter the European market but are currently unable to take advantage of a single EU-wide regime,

| E. | whereas the alternative funds sector has seen significant expansion since the LTCM crisis in 1998, with rapid growth in capital injected and assets handled, an increase in the number of smaller funds, including in Europe, and frequent concentration of funds in tax and regulatory havens, |
| --- | --- |

E.

whereas the alternative funds sector has seen significant expansion since the LTCM crisis in 1998, with rapid growth in capital injected and assets handled, an increase in the number of smaller funds, including in Europe, and frequent concentration of funds in tax and regulatory havens,

| F. | whereas discriminatory taxes and regulations in some Member States have discouraged potential investment in foreign domiciled hedge funds, including those in other Member States, |
| --- | --- |

F.

whereas discriminatory taxes and regulations in some Member States have discouraged potential investment in foreign domiciled hedge funds, including those in other Member States,

| G. | whereas there is increasing interest in the investing public and from institutional investors to gain access to such investment options while being reassured as to their probity and good management, |
| --- | --- |

G.

whereas there is increasing interest in the investing public and from institutional investors to gain access to such investment options while being reassured as to their probity and good management,

| H. | whereas the innovative investment products and expanding investor choice offered by SAIVs are to be welcomed and encouraged, |
| --- | --- |

H.

whereas the innovative investment products and expanding investor choice offered by SAIVs are to be welcomed and encouraged,

| I. | whereas many of the requisite investment skills are available in the EU and are often deployed in managing offshore SAIVs, and whereas the development of such skills should be encouraged, |
| --- | --- |

I.

whereas many of the requisite investment skills are available in the EU and are often deployed in managing offshore SAIVs, and whereas the development of such skills should be encouraged,

| J. | whereas some Member States are considering special regulatory regimes to encourage such undertakings to set up under their jurisdiction and consistency between such national regimes leading potentially to a common EU passport is desirable, |
| --- | --- |

J.

whereas some Member States are considering special regulatory regimes to encourage such undertakings to set up under their jurisdiction and consistency between such national regimes leading potentially to a common EU passport is desirable,

| K. | whereas some hedge funds may be directly accessible anyway to retail investors without any specific protection, via European market listings or third country jurisdictions or indirectly via funds of funds or structured notes, |
| --- | --- |

K.

whereas some hedge funds may be directly accessible anyway to retail investors without any specific protection, via European market listings or third country jurisdictions or indirectly via funds of funds or structured notes,

| L. | whereas success in attracting SAIVs onshore depends on establishing a lighter regulatory regime than for conventional UCITS, and whereas any such regime should concentrate on provision of sufficient and intelligible information to the investor rather than on over-prescriptive rules and regulations, |
| --- | --- |

L.

whereas success in attracting SAIVs onshore depends on establishing a lighter regulatory regime than for conventional UCITS, and whereas any such regime should concentrate on provision of sufficient and intelligible information to the investor rather than on over-prescriptive rules and regulations,

| M. | whereas there is a need to inform less sophisticated investors about the various styles and risks of this type of investment and, in particular, to make them fully aware that this type of investment should be clearly differentiated from conventional UCITS, |
| --- | --- |

M.

whereas there is a need to inform less sophisticated investors about the various styles and risks of this type of investment and, in particular, to make them fully aware that this type of investment should be clearly differentiated from conventional UCITS,

| N. | whereas funds of funds provide diversified entry to the sector, but in due course direct investment into the underlying funds should be permissible also, |
| --- | --- |

N.

whereas funds of funds provide diversified entry to the sector, but in due course direct investment into the underlying funds should be permissible also,

| O. | whereas there is risk of systemic damage to the global financial system if these forms of investment proliferate without quantification or control, |
| --- | --- |

O.

whereas there is risk of systemic damage to the global financial system if these forms of investment proliferate without quantification or control,

| P. | whereas recommendations were already formulated in 2001 by the Financial Stability Forum concerning the need for transparency in connection with, and regulation of, hedge funds and the need for financial regulation in offshore centres, and whereas implementation of these recommendations in the Member States has been uneven, but, overall, inadequate, |
| --- | --- |

P.

whereas recommendations were already formulated in 2001 by the Financial Stability Forum concerning the need for transparency in connection with, and regulation of, hedge funds and the need for financial regulation in offshore centres, and whereas implementation of these recommendations in the Member States has been uneven, but, overall, inadequate,

| Q. | whereas with the near completion of the Financial Services Action Plan it is appropriate for the Commission to turn its attention to what would be a suitable legislative accommodation for hedge funds and other sophisticated alternative investment vehicles which currently have no European regulatory home, |
| --- | --- |

Q.

whereas with the near completion of the Financial Services Action Plan it is appropriate for the Commission to turn its attention to what would be a suitable legislative accommodation for hedge funds and other sophisticated alternative investment vehicles which currently have no European regulatory home,

Concerning derivatives

| R. | whereas derivatives are increasingly used in investment products available to the general public and are therefore becoming a relevant consideration in all the directives cited above, |
| --- | --- |

R.

whereas derivatives are increasingly used in investment products available to the general public and are therefore becoming a relevant consideration in all the directives cited above,

| S. | whereas, over the last 20 years, derivatives have played a vital role in financial innovation, facilitating the creation of a range of new products (including many low risk products) and widening investor choice, |
| --- | --- |

S.

whereas, over the last 20 years, derivatives have played a vital role in financial innovation, facilitating the creation of a range of new products (including many low risk products) and widening investor choice,

| T. | whereas derivatives can be a means of limiting risk as well as of speculative risk-taking and can provide a macroeconomic benefit by dispersing risk to those best able to accept it, |
| --- | --- |

T.

whereas derivatives can be a means of limiting risk as well as of speculative risk-taking and can provide a macroeconomic benefit by dispersing risk to those best able to accept it,

| U. | whereas commodity derivatives can play a vital role in hedging risk and ensuring efficient utilisation of resources in markets such as energy and agriculture, and whereas their importance can be expected to increase with further liberalisation of energy and agriculture markets, |
| --- | --- |

U.

whereas commodity derivatives can play a vital role in hedging risk and ensuring efficient utilisation of resources in markets such as energy and agriculture, and whereas their importance can be expected to increase with further liberalisation of energy and agriculture markets,

| V. | whereas it is imperative that such risk be properly monitored and controlled both as regards the risk to individuals and systemic risk to the financial system, |
| --- | --- |

V.

whereas it is imperative that such risk be properly monitored and controlled both as regards the risk to individuals and systemic risk to the financial system,

| W. | whereas it is important to ensure that the regulation of derivatives is proportionate to the risks they pose for individual investors and for overall financial stability, and whereas it is vital that a wide ranging and effective cost-benefit analysis is carried out before any new laws or rules are added to existing regulation of these financial products, |
| --- | --- |

W.

whereas it is important to ensure that the regulation of derivatives is proportionate to the risks they pose for individual investors and for overall financial stability, and whereas it is vital that a wide ranging and effective cost-benefit analysis is carried out before any new laws or rules are added to existing regulation of these financial products,

| X. | whereas the proliferation of credit derivatives raises issues in terms of tracking global levels of risk exposure, |
| --- | --- |

X.

whereas the proliferation of credit derivatives raises issues in terms of tracking global levels of risk exposure,

| Y. | whereas those OTC (‘over-the-counter‧) derivatives which are unregulated could build up into a dangerous overhang in financial markets, |
| --- | --- |

Y.

whereas those OTC (‘over-the-counter‧) derivatives which are unregulated could build up into a dangerous overhang in financial markets,

| Z. | whereas the validity of derivatives depends on the certainty of full settlement at maturity and therefore on the credit standing and ability of ultimate counterparties to meet obligations, |
| --- | --- |

Z.

whereas the validity of derivatives depends on the certainty of full settlement at maturity and therefore on the credit standing and ability of ultimate counterparties to meet obligations,

| AA. | whereas sophisticated types of derivatives may be illiquid and therefore holders may have difficulties closing or valuing positions, especially in difficult market conditions, |
| --- | --- |

AA.

whereas sophisticated types of derivatives may be illiquid and therefore holders may have difficulties closing or valuing positions, especially in difficult market conditions,

| AB. | whereas derivatives are becoming a common mechanism in the financial management of corporations, investment companies and smaller banks and it is necessary for those users to have appropriate competence in controlling risk exposure, |
| --- | --- |

AB.

whereas derivatives are becoming a common mechanism in the financial management of corporations, investment companies and smaller banks and it is necessary for those users to have appropriate competence in controlling risk exposure,

| AC. | whereas knowledge and competence even among regulatory authorities is often inadequate in this fast moving and ever changing area, |
| --- | --- |

AC.

whereas knowledge and competence even among regulatory authorities is often inadequate in this fast moving and ever changing area,

| AD. | whereas financial derivatives can be marketed to retail investors in various forms, such as listed products and spread betting, provided they are under the scope of national financial regulators, |
| --- | --- |

AD.

whereas financial derivatives can be marketed to retail investors in various forms, such as listed products and spread betting, provided they are under the scope of national financial regulators,

Concerning hedge funds

| 1. | Reminds the Commission that pursuant to Article 2 of Directive 2001/108/EC it is requested to prepare a comprehensive report on this area of investment practice by 13 February 2005 and suggests that this should be brought forward much sooner, given the potential for systemic risk as well as the increased interest in the general investor community; |
| --- | --- |

1.

Reminds the Commission that pursuant to Article 2 of Directive 2001/108/EC it is requested to prepare a comprehensive report on this area of investment practice by 13 February 2005 and suggests that this should be brought forward much sooner, given the potential for systemic risk as well as the increased interest in the general investor community;

| 2. | Calls on the Commission to introduce — given the fact that many hedge funds operate offshore and are not subject to Community regulation — Community legislation in order to make the lending by EU financial institutions to offshore hedge funds more transparent; |
| --- | --- |

2.

Calls on the Commission to introduce — given the fact that many hedge funds operate offshore and are not subject to Community regulation — Community legislation in order to make the lending by EU financial institutions to offshore hedge funds more transparent;

| 3. | Feels it is opportune to facilitate access to SAIVs for the moderately affluent investor and, in due course, the retail investor, when the different regulatory authorities at European level recommend it is appropriate, and that regulated funds of hedge funds could play a vital role in this gradual process; |
| --- | --- |

3.

Feels it is opportune to facilitate access to SAIVs for the moderately affluent investor and, in due course, the retail investor, when the different regulatory authorities at European level recommend it is appropriate, and that regulated funds of hedge funds could play a vital role in this gradual process;

| 4. | Considers it timely to develop a light handed and appropriate EU-wide regulatory regime for SAIVs which will help to attract them to locate in the EU and provide the benefits of a common European passport by means of mutual recognition; |
| --- | --- |

4.

Considers it timely to develop a light handed and appropriate EU-wide regulatory regime for SAIVs which will help to attract them to locate in the EU and provide the benefits of a common European passport by means of mutual recognition;

| 5. | Points out that a regulatory regime for SAIVs must be sufficiently light-handed so as not to negate their role as an alternative investment medium of choice or impede the freedom of investment managers (inter alia) to:






  — | employ innovative and even exotic techniques and instruments, |
| --- | --- | --- |

5.

Points out that a regulatory regime for SAIVs must be sufficiently light-handed so as not to negate their role as an alternative investment medium of choice or impede the freedom of investment managers (inter alia) to:

—

employ innovative and even exotic techniques and instruments,

| — | take strong positions, including by the use of shorting, leverage and derivatives, |
| --- | --- |

—

take strong positions, including by the use of shorting, leverage and derivatives,

| — | be remunerated relative to their performance, |
| --- | --- |

—

be remunerated relative to their performance,

provided that their investment and operating methods are disclosed in appropriate terms to those who invest with them directly or indirectly;

| 6. | Considers that the regulator must verify and be satisfied that the promoters, directors and managers of a SAIV are fit and proper persons to be entrusted with responsibility for the savings and investment funds of third parties and are adequately expert and well-informed in the investment techniques and instruments employed in that undertaking, that the risks inherent in any SAIV are clearly advertised and communicated to investors, that the advertised style of investment and level of risk are not exceeded and that risk is properly monitored and controlled; |
| --- | --- |

6.

Considers that the regulator must verify and be satisfied that the promoters, directors and managers of a SAIV are fit and proper persons to be entrusted with responsibility for the savings and investment funds of third parties and are adequately expert and well-informed in the investment techniques and instruments employed in that undertaking, that the risks inherent in any SAIV are clearly advertised and communicated to investors, that the advertised style of investment and level of risk are not exceeded and that risk is properly monitored and controlled;

| 7. | Stresses that the SAIVs regime should concentrate most particularly on the distribution and sales methods employed, so as to avoid investment in them by persons for whom they are inappropriate; |
| --- | --- |

7.

Stresses that the SAIVs regime should concentrate most particularly on the distribution and sales methods employed, so as to avoid investment in them by persons for whom they are inappropriate;

| 8. | Considers that investment funds should be able to elect to be regulated under the UCITS or the SAIVs regime and be bound by that regime's requirements; |
| --- | --- |

8.

Considers that investment funds should be able to elect to be regulated under the UCITS or the SAIVs regime and be bound by that regime's requirements;

| 9. | Urges the investment industry and national regulators to sponsor campaigns to educate potential investors about SAIVs, their characteristics and their risks; |
| --- | --- |

9.

Urges the investment industry and national regulators to sponsor campaigns to educate potential investors about SAIVs, their characteristics and their risks;

| 10. | Considers it most desirable that distributors should be specifically authorised to distribute SAIVs and that such authorisation should depend on their probity and level of knowledge regarding SAIV products and be renewable on a regular schedule; |
| --- | --- |

10.

Considers it most desirable that distributors should be specifically authorised to distribute SAIVs and that such authorisation should depend on their probity and level of knowledge regarding SAIV products and be renewable on a regular schedule;

| 11. | Considers it essential to provide individuals investing in SAIVs with a clear and simple risk description and warning to be acknowledged by them as representing their understanding of the risks involved; |
| --- | --- |

11.

Considers it essential to provide individuals investing in SAIVs with a clear and simple risk description and warning to be acknowledged by them as representing their understanding of the risks involved;

| 12. | Encourages the industry to develop a self-regulatory code of conduct that encompasses aspects not expressly covered in the light-handed formal regime and in particular regarding appropriate sales and distribution methods; |
| --- | --- |

12.

Encourages the industry to develop a self-regulatory code of conduct that encompasses aspects not expressly covered in the light-handed formal regime and in particular regarding appropriate sales and distribution methods;

| 13. | Accepts that a minimum limit might be imposed on investments into such funds while public understanding is poor but that this should be progressively reduced and ultimately eliminated as awareness improves; |
| --- | --- |

13.

Accepts that a minimum limit might be imposed on investments into such funds while public understanding is poor but that this should be progressively reduced and ultimately eliminated as awareness improves;

| 14. | Suggests that it should be permitted for SAIVs which have long term investment horizons to restrict the periodicity of windows for sales, redemptions, dealings and net asset valuations; |
| --- | --- |

14.

Suggests that it should be permitted for SAIVs which have long term investment horizons to restrict the periodicity of windows for sales, redemptions, dealings and net asset valuations;

| 15. | Considers that SAIVs should be required to run rigorous daily risk controls so as to ensure that they stay within their advertised risk parameters; |
| --- | --- |

15.

Considers that SAIVs should be required to run rigorous daily risk controls so as to ensure that they stay within their advertised risk parameters;

| 16. | Urges the industry, in consultation with the regulatory authorities, to develop easily understood and consistent risk measurements or indices, which should be published regularly to indicate to investors that advertised risk limits are being observed; |
| --- | --- |

16.

Urges the industry, in consultation with the regulatory authorities, to develop easily understood and consistent risk measurements or indices, which should be published regularly to indicate to investors that advertised risk limits are being observed;

| 17. | Urges that a Community regulatory regime for SAIVs come within the Lamfalussy Process and that the detailed requirements be decided and regularly reviewed at level 2 but subject to Parliamentary scrutiny and call back; |
| --- | --- |

17.

Urges that a Community regulatory regime for SAIVs come within the Lamfalussy Process and that the detailed requirements be decided and regularly reviewed at level 2 but subject to Parliamentary scrutiny and call back;

| 18. | Calls on the Commission to consider whether a regime for SAIVs should be enacted as a distinct part of a revised UCITS directive or in a separate directive and considers that any such regime should cover hedge funds and other alternative investment funds; |
| --- | --- |

18.

Calls on the Commission to consider whether a regime for SAIVs should be enacted as a distinct part of a revised UCITS directive or in a separate directive and considers that any such regime should cover hedge funds and other alternative investment funds;

| 19. | Considers that the world's supervisory authorities should develop an effective means, possibly including a centralised credit register at the Bank for International Settlements as proposed by the Financial Stability Forum of April 2000, to monitor and control the extent of credit, management and operational risk which this sector could bring to the world's financial system and urges the Commission to instigate such a mechanism, which should also include the more effective enforcement of existing provisions; |
| --- | --- |

19.

Considers that the world's supervisory authorities should develop an effective means, possibly including a centralised credit register at the Bank for International Settlements as proposed by the Financial Stability Forum of April 2000, to monitor and control the extent of credit, management and operational risk which this sector could bring to the world's financial system and urges the Commission to instigate such a mechanism, which should also include the more effective enforcement of existing provisions;

| 20. | Calls on the Commission in conjunction with national regulators to investigate the practice (predominantly by American arbitrage hedge funds) to use time zone differences and the influence of Wall Street on other markets to profit by market timing Asian and European mutual funds, to determine whether this significantly harms long-term investors in those funds and whether any steps need to be taken to rectify the situation; |
| --- | --- |

20.

Calls on the Commission in conjunction with national regulators to investigate the practice (predominantly by American arbitrage hedge funds) to use time zone differences and the influence of Wall Street on other markets to profit by market timing Asian and European mutual funds, to determine whether this significantly harms long-term investors in those funds and whether any steps need to be taken to rectify the situation;

| 21. | Expects the Commission to take action against Member States which, by differential taxation, additional regulatory requirements or other means, discriminate against SAIVs domiciled in other Member States; |
| --- | --- |

21.

Expects the Commission to take action against Member States which, by differential taxation, additional regulatory requirements or other means, discriminate against SAIVs domiciled in other Member States;

| 22. | Urges the Commission to consult with the legislative and regulatory authorities in the USA, Japan, Switzerland and other relevant jurisdictions with the aim of developing as consistent an approach as possible internationally in this area of investment and to report on the implementation in the different Member States and in third countries of the recommendations of the Financial Stability Forum in particular as regards hedge funds and the regulation of offshore centres, and to indicate what steps it intends to take with a view to the introduction of essential regulations at the international level; |
| --- | --- |

22.

Urges the Commission to consult with the legislative and regulatory authorities in the USA, Japan, Switzerland and other relevant jurisdictions with the aim of developing as consistent an approach as possible internationally in this area of investment and to report on the implementation in the different Member States and in third countries of the recommendations of the Financial Stability Forum in particular as regards hedge funds and the regulation of offshore centres, and to indicate what steps it intends to take with a view to the introduction of essential regulations at the international level;

Concerning derivatives

| 23. | Stresses that derivatives are a completely different area, and therefore need to be subject to different regulations than hedge funds; |
| --- | --- |

23.

Stresses that derivatives are a completely different area, and therefore need to be subject to different regulations than hedge funds;

| 24. | Calls on the Commission to present the reports asked for in the abovementioned European Parliament resolution of 22 September 1995 on financial derivatives; |
| --- | --- |

24.

Calls on the Commission to present the reports asked for in the abovementioned European Parliament resolution of 22 September 1995 on financial derivatives;

| 25. | Calls on the Commission to pay particular attention to derivatives when drafting new or amended directives concerned with financial services and also at the implementing stage under the Lamfalussy Process; stresses that such financial instruments, whilst useful, are also sometimes high risk, and can increase volatility and threaten financial stability; |
| --- | --- |

25.

Calls on the Commission to pay particular attention to derivatives when drafting new or amended directives concerned with financial services and also at the implementing stage under the Lamfalussy Process; stresses that such financial instruments, whilst useful, are also sometimes high risk, and can increase volatility and threaten financial stability;

| 26. | Calls on the Commission in the interests of coherence in securities law to draw together the various relevant items of EU legislation in order to facilitate comprehensive legislative treatment (inter alia) of derivatives; |
| --- | --- |

26.

Calls on the Commission in the interests of coherence in securities law to draw together the various relevant items of EU legislation in order to facilitate comprehensive legislative treatment (inter alia) of derivatives;

| 27. | Calls on the Commission to instigate, along with national and relevant international institutions, a means of measuring and monitoring global exposure in derivatives and, in particular, the accumulated credit risk (including settlement risk) of credit derivatives; stresses that only those with appropriate capital cover may deal in derivatives, in order that, in periods of crisis, losses do not have to be borne by taxpayers; |
| --- | --- |

27.

Calls on the Commission to instigate, along with national and relevant international institutions, a means of measuring and monitoring global exposure in derivatives and, in particular, the accumulated credit risk (including settlement risk) of credit derivatives; stresses that only those with appropriate capital cover may deal in derivatives, in order that, in periods of crisis, losses do not have to be borne by taxpayers;

| 28. | Recognises that significant regulation and regulatory structures already exist to cover derivatives. Notes the importance of ensuring that reporting requirements have adequate product coverage and of ensuring all relevant regulators have the resources and expertise to assess this data effectively; |
| --- | --- |

28.

Recognises that significant regulation and regulatory structures already exist to cover derivatives. Notes the importance of ensuring that reporting requirements have adequate product coverage and of ensuring all relevant regulators have the resources and expertise to assess this data effectively;

| 29. | Notes the legal uncertainty which makes the use of derivatives in some Member States very difficult and urges policy-makers to come up with a solution to this problem; |
| --- | --- |

29.

Notes the legal uncertainty which makes the use of derivatives in some Member States very difficult and urges policy-makers to come up with a solution to this problem;

| 30. | Asks the Commission to consider whether further steps need to be taken in the context of Basel II to provide adequate reserves in the banking system and in individual banks to meet any likely demands on liquidity by exposure to derivatives; |
| --- | --- |

30.

Asks the Commission to consider whether further steps need to be taken in the context of Basel II to provide adequate reserves in the banking system and in individual banks to meet any likely demands on liquidity by exposure to derivatives;

| 31. | Asks the Commission to further consider whether, in the context of Basel II, the off-loading of credit risks by banks to non-banks should allow a reduction in capital requirements and, if so, how the exposure in non-banks (including in particular in offshore hedge funds) might be assessed, monitored and controlled; |
| --- | --- |

31.

Asks the Commission to further consider whether, in the context of Basel II, the off-loading of credit risks by banks to non-banks should allow a reduction in capital requirements and, if so, how the exposure in non-banks (including in particular in offshore hedge funds) might be assessed, monitored and controlled;

| 32. | Urges accountancy and investment management associations to require a high level of understanding of derivatives, their mechanisms and risks, as part of their qualification criteria; |
| --- | --- |

32.

Urges accountancy and investment management associations to require a high level of understanding of derivatives, their mechanisms and risks, as part of their qualification criteria;

| 33. | Asks the International Accounting Standards Board to work with relevant market practitioners to develop as soon as possible appropriate standards regarding the definition, quantification and accounting of derivatives and derivative positions in company accounts, and underlines the importance of finding a prudentially sound compromise which is as much as possible compatible with market practice; |
| --- | --- |

33.

Asks the International Accounting Standards Board to work with relevant market practitioners to develop as soon as possible appropriate standards regarding the definition, quantification and accounting of derivatives and derivative positions in company accounts, and underlines the importance of finding a prudentially sound compromise which is as much as possible compatible with market practice;

| 34. | Urges that derivatives exposure (including timing gaps), which give a fair and consistent indication of a company's true condition, should be a required disclosure in the accounts of European companies; |
| --- | --- |

34.

Urges that derivatives exposure (including timing gaps), which give a fair and consistent indication of a company's true condition, should be a required disclosure in the accounts of European companies;

| 35. | Considers that derivative valuations should take into account, by way of contingency reserve, the additional risks which could pertain in difficult market conditions and relative to the credit standing of counterparties; |
| --- | --- |

35.

Considers that derivative valuations should take into account, by way of contingency reserve, the additional risks which could pertain in difficult market conditions and relative to the credit standing of counterparties;

| 36. | Requires the Commission and the Member States, via the Lamfalussy Process, to co-ordinate their approach to derivatives that are offered on European markets whilst respecting the need to maintain flexibility for different derivative products and markets; |
| --- | --- |

36.

Requires the Commission and the Member States, via the Lamfalussy Process, to co-ordinate their approach to derivatives that are offered on European markets whilst respecting the need to maintain flexibility for different derivative products and markets;

| 37. | Calls on the Commission to ensure that European derivatives exchanges have fair and equal access to foreign market places and considers that recent protectionist moves by American competitors are unacceptable; |
| --- | --- |

37.

Calls on the Commission to ensure that European derivatives exchanges have fair and equal access to foreign market places and considers that recent protectionist moves by American competitors are unacceptable;

*

- *

| 38. | Instructs its President to forward this resolution to the Council, the Commission, the Accession State governments, the regulatory authorities in all Member and Accession States, the European Economic Area, the governments of Switzerland, Japan and the USA and the International Accounting Standards Board. |
| --- | --- |

38.

Instructs its President to forward this resolution to the Council, the Commission, the Accession State governments, the regulatory authorities in all Member and Accession States, the European Economic Area, the governments of Switzerland, Japan and the USA and the International Accounting Standards Board.

---

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

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

(3)  P5_TA(2003)0410.

(4)  OJ L 41, 13.2.2002, p. 20.

(5)  OJ L 41, 13.2.2002, p. 35.

(6)  OJ L 283, 27.10.2001, p. 28.

(7)  OJ L 178, 17.7.2003, p. 16

(8)  International Organisation for Governmental Securities Commissions.

(9)  A group of technical experts working under the umbrella of the Basel Committee on Banking Supervision, the International Organisation of Securities Commissions and the International Association of Insurance Supervisors.

(10)  OJ C269, 16.10.1995, p.217.

P5_TA(2004)0032

EU aid to Iran following the earthquake

European Parliament resolution on EU aid to Iran following the earthquake

The European Parliament,

| — | having regard to its resolution of 13 December 2001 (1) on EU relations with the Islamic Republic of Iran, |
| --- | --- |

—

having regard to its resolution of 13 December 2001 (1) on EU relations with the Islamic Republic of Iran,

| — | having regard to its previous resolutions on Iran, |
| --- | --- |

—

having regard to its previous resolutions on Iran,

| — | having regard to the earthquake that devastated the region of Kerman, |
| --- | --- |

—

having regard to the earthquake that devastated the region of Kerman,

| — | having regard to the statement of the Secretary-General of the United Nations of 26 December 2003, |
| --- | --- |

—

having regard to the statement of the Secretary-General of the United Nations of 26 December 2003,

| — | having regard to the message from the EU High Representative for the CFSP of 27 December 2003, |
| --- | --- |

—

having regard to the message from the EU High Representative for the CFSP of 27 December 2003,

| — | having regard to the Humanitarian Aid Office (ECHO) Aid Strategy 2004, |
| --- | --- |

—

having regard to the Humanitarian Aid Office (ECHO) Aid Strategy 2004,

| — | having regard to the ECHO global index for humanitarian needs assessment (GINA) 2004, |
| --- | --- |

—

having regard to the ECHO global index for humanitarian needs assessment (GINA) 2004,

| — | having regard to Iran's recent signature of the Additional Protocol to the 1986 Non-Proliferation Treaty (NPT), which constitutes an important step towards Iran's full compliance with its international obligations under the Non-Proliferation Treaty regime, |
| --- | --- |

—

having regard to Iran's recent signature of the Additional Protocol to the 1986 Non-Proliferation Treaty (NPT), which constitutes an important step towards Iran's full compliance with its international obligations under the Non-Proliferation Treaty regime,

| — | having regard to the decision of the Iranian Guardian Council to disqualify more than 2 000 candidates, including more than 80 sitting parliamentarians, |
| --- | --- |

—

having regard to the decision of the Iranian Guardian Council to disqualify more than 2 000 candidates, including more than 80 sitting parliamentarians,

| — | having regard to the declaration by EU High Representative Javier Solana that the electoral process in Iran is very important for the EU and that the EU wishes it to be clear and transparent, |
| --- | --- |

—

having regard to the declaration by EU High Representative Javier Solana that the electoral process in Iran is very important for the EU and that the EU wishes it to be clear and transparent,

| — | having regard to the sit-in protest for a second consecutive day by reformist Members of Parliament at the legislature, |
| --- | --- |

—

having regard to the sit-in protest for a second consecutive day by reformist Members of Parliament at the legislature,

| — | having regard to the intention of a large number of governors and government members to resign, |
| --- | --- |

—

having regard to the intention of a large number of governors and government members to resign,

| — | having regard to Rule 37(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 37(4) of its Rules of Procedure,

| A. | whereas on the morning of 26 December 2003 a major earthquake measuring 6.6 on the Richter Scale struck southern Iran's Kerman Province, killing some 30 000 people, injuring approximately 30 000 and making 45 000 to 75 000 homeless, |
| --- | --- |

A.

whereas on the morning of 26 December 2003 a major earthquake measuring 6.6 on the Richter Scale struck southern Iran's Kerman Province, killing some 30 000 people, injuring approximately 30 000 and making 45 000 to 75 000 homeless,

| B. | whereas approximately 1 850 children have been registered as unaccompanied and homeless, a number that is expected to increase, and another 5 000 have lost one parent, |
| --- | --- |

B.

whereas approximately 1 850 children have been registered as unaccompanied and homeless, a number that is expected to increase, and another 5 000 have lost one parent,

| C. | whereas in the city of Bam more than 85 per cent of the buildings were completely destroyed, including all schools in and around the town, and whereas in the surrounding villages more than 18 000 houses across 250 villages were completely destroyed and will have to be rebuilt, |
| --- | --- |

C.

whereas in the city of Bam more than 85 per cent of the buildings were completely destroyed, including all schools in and around the town, and whereas in the surrounding villages more than 18 000 houses across 250 villages were completely destroyed and will have to be rebuilt,

| D. | whereas in Bam the local administration and the communication infrastructure were destroyed, while at the same time the electricity and water supplies and most health services were completely disrupted, |
| --- | --- |

D.

whereas in Bam the local administration and the communication infrastructure were destroyed, while at the same time the electricity and water supplies and most health services were completely disrupted,

| E. | whereas the Government of the Islamic Republic of Iran has shown its commitment to the relief operations and has received offers for assistance, e.g. from the European Union, the United States and Israel, but has not accepted every offer, |
| --- | --- |

E.

whereas the Government of the Islamic Republic of Iran has shown its commitment to the relief operations and has received offers for assistance, e.g. from the European Union, the United States and Israel, but has not accepted every offer,

| F. | whereas the Commission allocated EUR 2.3 million on 27 December 2003 through ECHO to address the most urgent humanitarian needs and is examining further requests for aid, which will be delivered on the basis of the needs identified, |
| --- | --- |

F.

whereas the Commission allocated EUR 2.3 million on 27 December 2003 through ECHO to address the most urgent humanitarian needs and is examining further requests for aid, which will be delivered on the basis of the needs identified,

| G. | whereas the UN Office for the Coordination of Humanitarian Affairs (OCHA) has recorded that the financial and in-kind contributions as of 6 January 2004 amount to USD 80.3 million, while initial estimates indicate that the long-term recovery could cost anywhere between USD 700 million and 1 000 million, |
| --- | --- |

G.

whereas the UN Office for the Coordination of Humanitarian Affairs (OCHA) has recorded that the financial and in-kind contributions as of 6 January 2004 amount to USD 80.3 million, while initial estimates indicate that the long-term recovery could cost anywhere between USD 700 million and 1 000 million,

| H. | whereas the United States Treasury Department, under the instructions of the United States President, has eased restrictions to assist humanitarian relief activities for earthquake victims in Iran, and whereas on 7 January 2004 the total sum of United States Government assistance was USD 4 797 600, |
| --- | --- |

H.

whereas the United States Treasury Department, under the instructions of the United States President, has eased restrictions to assist humanitarian relief activities for earthquake victims in Iran, and whereas on 7 January 2004 the total sum of United States Government assistance was USD 4 797 600,

| I. | whereas the UN and the national authorities launched a Flash Appeal on 8 January 2004 for USD 31.3 million to address the urgent needs over the next three months, aiming to smooth the transition from emergency relief to recovery initiatives, |
| --- | --- |

I.

whereas the UN and the national authorities launched a Flash Appeal on 8 January 2004 for USD 31.3 million to address the urgent needs over the next three months, aiming to smooth the transition from emergency relief to recovery initiatives,

| J. | whereas the International Federation of Red Cross and Red Crescent Societies (IFRC) announced on 8 January 2004 that it was appealing for EUR 33 119 207 in order to avert another humanitarian crisis in Bam, |
| --- | --- |

J.

whereas the International Federation of Red Cross and Red Crescent Societies (IFRC) announced on 8 January 2004 that it was appealing for EUR 33 119 207 in order to avert another humanitarian crisis in Bam,

| K. | whereas the EU has been very active in promoting the signature by Iran of the Additional Protocol to the NPT, |
| --- | --- |

K.

whereas the EU has been very active in promoting the signature by Iran of the Additional Protocol to the NPT,

| L. | restating its continued support for the process of reforms in Iran and reaffirming its willingness to strengthen political and economic relations between the EU and Iran, |
| --- | --- |

L.

restating its continued support for the process of reforms in Iran and reaffirming its willingness to strengthen political and economic relations between the EU and Iran,

| M. | insisting on the necessity of a comprehensive human rights dialogue between the EU and Iran, but regretting that this dialogue did not go beyond a mainly academic exchange of views, |
| --- | --- |

M.

insisting on the necessity of a comprehensive human rights dialogue between the EU and Iran, but regretting that this dialogue did not go beyond a mainly academic exchange of views,

| N. | concerned about the deterioration of the human rights situation in Iran, where many people are now in jail for having made use of their right to freedom of expression, |
| --- | --- |

N.

concerned about the deterioration of the human rights situation in Iran, where many people are now in jail for having made use of their right to freedom of expression,

| O. | whereas the decision by the Iranian Guardian Council to exclude a quarter of the candidates from the upcoming elections calls into question the whole electoral process, |
| --- | --- |

O.

whereas the decision by the Iranian Guardian Council to exclude a quarter of the candidates from the upcoming elections calls into question the whole electoral process,

| 1. | Welcomes the Commission's decision to allocate EUR 2.3 million to address the most urgent humanitarian needs; |
| --- | --- |

1.

Welcomes the Commission's decision to allocate EUR 2.3 million to address the most urgent humanitarian needs;

| 2. | Welcomes the support given by the international community to the relief efforts for the victims of the earthquake and the decision of the United States Treasury Department, under the instructions of the United States President, to ease restrictions to assist humanitarian relief activities for earthquake victims in Iran; |
| --- | --- |

2.

Welcomes the support given by the international community to the relief efforts for the victims of the earthquake and the decision of the United States Treasury Department, under the instructions of the United States President, to ease restrictions to assist humanitarian relief activities for earthquake victims in Iran;

| 3. | Calls on the Commission, the Member States and the rest of the international community to provide more aid to help the relief operations in and around Bam and contribute to the transition from emergency relief to recovery initiatives; |
| --- | --- |

3.

Calls on the Commission, the Member States and the rest of the international community to provide more aid to help the relief operations in and around Bam and contribute to the transition from emergency relief to recovery initiatives;

| 4. | Calls on the Iranian Government to consider methods to improve the earthquake security of buildings in Iran, and calls on the Commission to offer its support if requested; |
| --- | --- |

4.

Calls on the Iranian Government to consider methods to improve the earthquake security of buildings in Iran, and calls on the Commission to offer its support if requested;

| 5. | Calls on the President of the Commission and the Irish Presidency to visit Bam as soon as possible in order to express their solidarity with the victims of the earthquake; |
| --- | --- |

5.

Calls on the President of the Commission and the Irish Presidency to visit Bam as soon as possible in order to express their solidarity with the victims of the earthquake;

| 6. | Welcomes also the intervention of the Italian Presidency, which immediately sent a number of C-130 air force transport planes with civil defence experts and medical teams as well as the action of other Member States, which rapidly provided assistance to the disaster region; |
| --- | --- |

6.

Welcomes also the intervention of the Italian Presidency, which immediately sent a number of C-130 air force transport planes with civil defence experts and medical teams as well as the action of other Member States, which rapidly provided assistance to the disaster region;

| 7. | Welcomes the signature by Iran of the Additional Protocol to the Non-Proliferation Treaty and considers that this should help in establishing the international community's confidence in Iran's assurance about the peaceful nature of its nuclear programme and its commitment to non-proliferation; |
| --- | --- |

7.

Welcomes the signature by Iran of the Additional Protocol to the Non-Proliferation Treaty and considers that this should help in establishing the international community's confidence in Iran's assurance about the peaceful nature of its nuclear programme and its commitment to non-proliferation;

| 8. | Considers it now essential that rapid ratification and implementation pending the entry into force of the Additional Protocol provide full transparency concerning the Iranian nuclear programme; considers that the ratification of the Additional Protocol will provide the IAEA with new means to verify independently the declarations made by Iran about its nuclear material and activities, such as unrestricted access to all the reported nuclear facilities and to all the necessary information; |
| --- | --- |

8.

Considers it now essential that rapid ratification and implementation pending the entry into force of the Additional Protocol provide full transparency concerning the Iranian nuclear programme; considers that the ratification of the Additional Protocol will provide the IAEA with new means to verify independently the declarations made by Iran about its nuclear material and activities, such as unrestricted access to all the reported nuclear facilities and to all the necessary information;

| 9. | Is confident that Iran's assurance about the peaceful nature of its nuclear programme will pave the way to the country's improved access to modern technology and supplies in a range of areas and to cooperation with Iran in promoting security and stability in the region, including the establishment of a zone free of weapons of mass destruction in the Middle East, in accordance with the objectives of the United Nations; |
| --- | --- |

9.

Is confident that Iran's assurance about the peaceful nature of its nuclear programme will pave the way to the country's improved access to modern technology and supplies in a range of areas and to cooperation with Iran in promoting security and stability in the region, including the establishment of a zone free of weapons of mass destruction in the Middle East, in accordance with the objectives of the United Nations;

| 10. | Calls on the Council and the Commission to carry out an evaluation of the first three sessions of the EU/Iran human rights dialogue on the basis of the benchmarks defined in the EU guidelines on human rights dialogue of 13 December 2001 in order to assess the progress of Iran in the field of human rights, and calls for its involvement in the human rights dialogue to be stepped up; |
| --- | --- |

10.

Calls on the Council and the Commission to carry out an evaluation of the first three sessions of the EU/Iran human rights dialogue on the basis of the benchmarks defined in the EU guidelines on human rights dialogue of 13 December 2001 in order to assess the progress of Iran in the field of human rights, and calls for its involvement in the human rights dialogue to be stepped up;

| 11. | Calls on the Council to envisage the possibility of submitting a draft resolution on the human rights situation in Iran to the 60th session of the UN Commission on Human Rights, which will take place in Geneva from 15 March to 24 April 2004; |
| --- | --- |

11.

Calls on the Council to envisage the possibility of submitting a draft resolution on the human rights situation in Iran to the 60th session of the UN Commission on Human Rights, which will take place in Geneva from 15 March to 24 April 2004;

| 12. | Expresses its deep preoccupation about the decision of the Iranian Guardian Council, which endangers the recent moves towards a more democratic society, and calls for an immediate revision of this decision in order to enable the Iranian population to make a truly democratic choice; |
| --- | --- |

12.

Expresses its deep preoccupation about the decision of the Iranian Guardian Council, which endangers the recent moves towards a more democratic society, and calls for an immediate revision of this decision in order to enable the Iranian population to make a truly democratic choice;

| 13. | Underlines that the solidarity shown by the international community is also an expression of support for those in Iran who are committed to keeping the country on the path towards further democratisation; warns that the decision to ban many reformist candidates from standing for parliament, if it were not reversed in due time before the elections, would not leave EU-Iran relations unaffected; |
| --- | --- |

13.

Underlines that the solidarity shown by the international community is also an expression of support for those in Iran who are committed to keeping the country on the path towards further democratisation; warns that the decision to ban many reformist candidates from standing for parliament, if it were not reversed in due time before the elections, would not leave EU-Iran relations unaffected;

| 14. | Instructs its President to forward this resolution to the Council, the Commission, the government and parliament of the Islamic Republic of Iran and the Secretary-General of the United Nations. |
| --- | --- |

14.

Instructs its President to forward this resolution to the Council, the Commission, the government and parliament of the Islamic Republic of Iran and the Secretary-General of the United Nations.

---

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

P5_TA(2004)0033

Zimbabwe

European Parliament resolution on Zimbabwe

The European Parliament,

| — | having regard to its previous resolutions on the situation in Zimbabwe, |
| --- | --- |

—

having regard to its previous resolutions on the situation in Zimbabwe,

| — | having regard to Rule 50(5) of the Rules of Procedure, |
| --- | --- |

—

having regard to Rule 50(5) of the Rules of Procedure,

| A. | whereas the Zimbabwe African National Union Patriotic Front (ZANU-PF) regime is now an appalling example of relentless oppression of an impoverished and starving people, the systematic subversion of judicial, press and individual freedom, and the destruction of a once successful economy, |
| --- | --- |

A.

whereas the Zimbabwe African National Union Patriotic Front (ZANU-PF) regime is now an appalling example of relentless oppression of an impoverished and starving people, the systematic subversion of judicial, press and individual freedom, and the destruction of a once successful economy,

| B. | whereas the leader of the opposition — the Movement for Democratic Change (MDC) — Morgan Tsvangirai, has been put on trial on spurious charges of treason, designed to damage the MDC, |
| --- | --- |

B.

whereas the leader of the opposition — the Movement for Democratic Change (MDC) — Morgan Tsvangirai, has been put on trial on spurious charges of treason, designed to damage the MDC,

| C. | whereas Zimbabwe's dire economic situation has worsened, with GDP falling by some 40 % over the past four years, annual inflation now reaching 620 % and scheduled to pass 1 000 % during 2004, unemployment at 70 %, and some 6.5 million people in need of food aid, including large numbers in need in the previously relatively well-off urban areas, |
| --- | --- |

C.

whereas Zimbabwe's dire economic situation has worsened, with GDP falling by some 40 % over the past four years, annual inflation now reaching 620 % and scheduled to pass 1 000 % during 2004, unemployment at 70 %, and some 6.5 million people in need of food aid, including large numbers in need in the previously relatively well-off urban areas,

| D. | whereas the spread of HIV/AIDS continues to cause great human suffering and exacerbate economic difficulties, with a prevalence rate of 33 % in Zimbabwe's adult population, and whereas the World Health Organisation recently estimated that 4 000 Zimbabweans are dying per week from this disease, |
| --- | --- |

D.

whereas the spread of HIV/AIDS continues to cause great human suffering and exacerbate economic difficulties, with a prevalence rate of 33 % in Zimbabwe's adult population, and whereas the World Health Organisation recently estimated that 4 000 Zimbabweans are dying per week from this disease,

| E. | whereas repression through the Public Order and Security Act and the Access to Information and Protection of Privacy Act reached alarming levels during the course of 2003, and access to justice and observance of human rights deteriorated at an accelerated rate, |
| --- | --- |

E.

whereas repression through the Public Order and Security Act and the Access to Information and Protection of Privacy Act reached alarming levels during the course of 2003, and access to justice and observance of human rights deteriorated at an accelerated rate,

| F. | whereas the consequences of Zimbabwe's worsening humanitarian disaster have been intensified by a shortfall, due in part to donors' concern over allegations of politicisation of food aid delivered via Government channels, in the World Food Programme's appeal, necessitating a halving of the available cereal ration for 2.6 million people, |
| --- | --- |

F.

whereas the consequences of Zimbabwe's worsening humanitarian disaster have been intensified by a shortfall, due in part to donors' concern over allegations of politicisation of food aid delivered via Government channels, in the World Food Programme's appeal, necessitating a halving of the available cereal ration for 2.6 million people,

| G. | whereas many people, mainly children, are reported to have died of malnutrition and other hungerrelated causes in the Bulawayo area alone between August and December 2003, |
| --- | --- |

G.

whereas many people, mainly children, are reported to have died of malnutrition and other hungerrelated causes in the Bulawayo area alone between August and December 2003,

| H. | whereas ZANU-PF's disastrous ‘land reform‧ programme has had devastating consequences for the people of Zimbabwe, dismantling the commercial agriculture sector without replacing it with any other way of producing food efficiently and effectively, |
| --- | --- |

H.

whereas ZANU-PF's disastrous ‘land reform‧ programme has had devastating consequences for the people of Zimbabwe, dismantling the commercial agriculture sector without replacing it with any other way of producing food efficiently and effectively,

| I. | whereas Zimbabwe's commercial beef herd has been reduced by 90 % since the onset of the ‘land reform‧ programme to fewer than 120 000 from 1.4 million three years ago, with the whole gene pool so well adapted to local conditions threatened with extinction, |
| --- | --- |

I.

whereas Zimbabwe's commercial beef herd has been reduced by 90 % since the onset of the ‘land reform‧ programme to fewer than 120 000 from 1.4 million three years ago, with the whole gene pool so well adapted to local conditions threatened with extinction,

| J. | whereas the Daily News, Zimbabwe's only independent daily newspaper, continues to be closed in spite of court decisions in December 2003 that overturned its forced shut-down and ordered the police to stop interfering with the newspaper's operations; and the editor, news editor and chief reporter of the weekly Zimbabwe Independent were arrested on 10 January 2004 under the Access to Information and Protection of Privacy Act, |
| --- | --- |

J.

whereas the Daily News, Zimbabwe's only independent daily newspaper, continues to be closed in spite of court decisions in December 2003 that overturned its forced shut-down and ordered the police to stop interfering with the newspaper's operations; and the editor, news editor and chief reporter of the weekly Zimbabwe Independent were arrested on 10 January 2004 under the Access to Information and Protection of Privacy Act,

| K. | whereas the Zimbabwean Government is planning to introduce new measures to police all broadcast and internet-based information circulation, |
| --- | --- |

K.

whereas the Zimbabwean Government is planning to introduce new measures to police all broadcast and internet-based information circulation,

| L. | whereas Zimbabwe is losing skilled and professional people to other countries because of the economic crisis and whereas this brain drain will have a serious negative impact on the development of the country, |
| --- | --- |

L.

whereas Zimbabwe is losing skilled and professional people to other countries because of the economic crisis and whereas this brain drain will have a serious negative impact on the development of the country,

| M. | whereas on 7 December 2003, the Commonwealth Heads of Government meeting in Abuja agreed to renew the suspension of Zimbabwe and to establish a committee to make recommendations on the way forward on the matter, |
| --- | --- |

M.

whereas on 7 December 2003, the Commonwealth Heads of Government meeting in Abuja agreed to renew the suspension of Zimbabwe and to establish a committee to make recommendations on the way forward on the matter,

| N. | whereas on 11 December 2003, Zimbabwe terminated its membership of the Commonwealth, |
| --- | --- |

N.

whereas on 11 December 2003, Zimbabwe terminated its membership of the Commonwealth,

| O. | whereas the continuing policy of ‘quiet diplomacy‧ by southern African leaders has failed to produce any concrete results, |
| --- | --- |

O.

whereas the continuing policy of ‘quiet diplomacy‧ by southern African leaders has failed to produce any concrete results,

| P. | whereas African nations have allowed their relations with the countries of the EU to be held hostage by the ZANU-PF regime, and whereas it is therefore in the interests of the African Union and the Southern African Development Community (SADC) to take urgent action, along with the rest of the international community, to bring about rapid change for the better in Zimbabwe, |
| --- | --- |

P.

whereas African nations have allowed their relations with the countries of the EU to be held hostage by the ZANU-PF regime, and whereas it is therefore in the interests of the African Union and the Southern African Development Community (SADC) to take urgent action, along with the rest of the international community, to bring about rapid change for the better in Zimbabwe,

| Q. | whereas the EU Common Position of 18 February 2002, renewed on 18 February 2003, introduced targeted measures against the ZANU-PF regime and requires further renewal on 20 February 2004, |
| --- | --- |

Q.

whereas the EU Common Position of 18 February 2002, renewed on 18 February 2003, introduced targeted measures against the ZANU-PF regime and requires further renewal on 20 February 2004,

| R. | whereas the European Parliament has consistently called for the widening and rigorous enforcement of targeted sanctions and the introduction of additional measures, to make international action against the ZANU-PF regime more effective, |
| --- | --- |

R.

whereas the European Parliament has consistently called for the widening and rigorous enforcement of targeted sanctions and the introduction of additional measures, to make international action against the ZANU-PF regime more effective,

| S. | whereas the cricket teams of the UK and the Netherlands did not play matches in Zimbabwe during the 2003 World Cup, |
| --- | --- |

S.

whereas the cricket teams of the UK and the Netherlands did not play matches in Zimbabwe during the 2003 World Cup,

| T. | whereas the 7thSession of the EU-ACP Joint Parliamentary Assembly (JPA) will take place in Addis Ababa on 16—19 February 2004, |
| --- | --- |

T.

whereas the 7thSession of the EU-ACP Joint Parliamentary Assembly (JPA) will take place in Addis Ababa on 16—19 February 2004,

| U. | whereas an EU—African Union Foreign Ministerial Troika meeting is scheduled to take place on 1 April 2004, |
| --- | --- |

U.

whereas an EU—African Union Foreign Ministerial Troika meeting is scheduled to take place on 1 April 2004,

| 1. | Calls on the Council to adopt a more active and urgent approach to the Zimbabwe disaster, to include renewal of targeted sanctions, their expansion to include the rescinding of rights of residence in the EU of those subject to a ban and the prevention of their family members accessing employment and educational institutions in the EU, the curtailing of high-profile economic links with Zimbabwe that give prestige to the regime, and the identification and imposition of measures against those providing financial backing for the anti-democratic activities of the ZANU-PF regime; |
| --- | --- |

1.

Calls on the Council to adopt a more active and urgent approach to the Zimbabwe disaster, to include renewal of targeted sanctions, their expansion to include the rescinding of rights of residence in the EU of those subject to a ban and the prevention of their family members accessing employment and educational institutions in the EU, the curtailing of high-profile economic links with Zimbabwe that give prestige to the regime, and the identification and imposition of measures against those providing financial backing for the anti-democratic activities of the ZANU-PF regime;

| 2. | Insists that the charges against Morgan Tsvangirai are spurious and unsubstantiated, and that the systematic violence and intimidation against opponents of the ZANU-PF regime must cease; |
| --- | --- |

2.

Insists that the charges against Morgan Tsvangirai are spurious and unsubstantiated, and that the systematic violence and intimidation against opponents of the ZANU-PF regime must cease;

| 3. | Calls for the vigorous enforcement of all EU sanctions against the ZANU-PF regime and for a more robust commitment by the EU, ACP partners and the wider international community to the enforcement of the sanctions, including the call by MDC President Morgan Tsvangirai for the stringent application of the visa ban; |
| --- | --- |

3.

Calls for the vigorous enforcement of all EU sanctions against the ZANU-PF regime and for a more robust commitment by the EU, ACP partners and the wider international community to the enforcement of the sanctions, including the call by MDC President Morgan Tsvangirai for the stringent application of the visa ban;

| 4. | Congratulates the Commonwealth for its principled stance in maintaining Zimbabwe's suspension; calls for those African countries which have stood their ground against tyranny and chaos in Zimbabwe to be acknowledged and supported; |
| --- | --- |

4.

Congratulates the Commonwealth for its principled stance in maintaining Zimbabwe's suspension; calls for those African countries which have stood their ground against tyranny and chaos in Zimbabwe to be acknowledged and supported;

| 5. | Regrets the failure of the EU Council, in whatever form, to make any effective impact on the policies of Zimbabwe's neighbours, whether in its dealings with SADC or with individual countries; |
| --- | --- |

5.

Regrets the failure of the EU Council, in whatever form, to make any effective impact on the policies of Zimbabwe's neighbours, whether in its dealings with SADC or with individual countries;

| 6. | Strongly criticises the failure of some southern African governments to exert any pressure on the ZANU-PF regime, which has been so abusive of its people and effectively disrupted relations between Africa and the wider international community; calls upon South Africa, in particular, to act effectively so as to bring about change in Zimbabwe; |
| --- | --- |

6.

Strongly criticises the failure of some southern African governments to exert any pressure on the ZANU-PF regime, which has been so abusive of its people and effectively disrupted relations between Africa and the wider international community; calls upon South Africa, in particular, to act effectively so as to bring about change in Zimbabwe;

| 7. | Insists that African countries and the African Union demonstrate their genuine commitment to the principles of NEPAD — namely good governance, democracy, respect for human rights and the rule of law; |
| --- | --- |

7.

Insists that African countries and the African Union demonstrate their genuine commitment to the principles of NEPAD — namely good governance, democracy, respect for human rights and the rule of law;

| 8. | Urges Zimbabwe's neighbours to seize the opportunity afforded by the forthcoming EU-ACP and EU—African Union meetings to revitalise their relationship with the EU by condemning the human rights abuses of the ZANU-PF regime and other regimes guilty of violating citizens' basic rights so that issues of wider concern in Africa, such as good governance, economic development, HIV/AIDS, law and order and fair trade, can be addressed; |
| --- | --- |

8.

Urges Zimbabwe's neighbours to seize the opportunity afforded by the forthcoming EU-ACP and EU—African Union meetings to revitalise their relationship with the EU by condemning the human rights abuses of the ZANU-PF regime and other regimes guilty of violating citizens' basic rights so that issues of wider concern in Africa, such as good governance, economic development, HIV/AIDS, law and order and fair trade, can be addressed;

| 9. | Urges senior government figures and public servants of goodwill in Zimbabwe to insist that Mugabe and his closest associates step down from office in order to spare their countrymen further suffering and expedite Zimbabwe's rehabilitation into the international community; |
| --- | --- |

9.

Urges senior government figures and public servants of goodwill in Zimbabwe to insist that Mugabe and his closest associates step down from office in order to spare their countrymen further suffering and expedite Zimbabwe's rehabilitation into the international community;

| 10. | Calls for the urgent opening of formal talks between the Government of Zimbabwe and opposition representatives with a view to establishing a respectable interim coalition of national unity prior to a representative government being freely and fairly chosen in properly managed and internationally monitored elections; |
| --- | --- |

10.

Calls for the urgent opening of formal talks between the Government of Zimbabwe and opposition representatives with a view to establishing a respectable interim coalition of national unity prior to a representative government being freely and fairly chosen in properly managed and internationally monitored elections;

| 11. | Welcomes interventions from church leaders such as Archbishop Desmond Tutu's statement following the Commonwealth Heads of Government meeting in Nigeria, but calls upon eminent personalities in southern Africa, who in their struggle for freedom fought against everything that Mugabe now stands for, to use their influence to bring about change for the better in Zimbabwe; |
| --- | --- |

11.

Welcomes interventions from church leaders such as Archbishop Desmond Tutu's statement following the Commonwealth Heads of Government meeting in Nigeria, but calls upon eminent personalities in southern Africa, who in their struggle for freedom fought against everything that Mugabe now stands for, to use their influence to bring about change for the better in Zimbabwe;

| 12. | Calls upon all representatives of EU Member States to refuse to meet members of the ZANU-PF regime and others banned from travelling to the EU, regardless of location; |
| --- | --- |

12.

Calls upon all representatives of EU Member States to refuse to meet members of the ZANU-PF regime and others banned from travelling to the EU, regardless of location;

| 13. | Calls upon the sporting federations of EU Member States which are due to play matches in Zimbabwe this year to refuse to play sport in that country at this time; |
| --- | --- |

13.

Calls upon the sporting federations of EU Member States which are due to play matches in Zimbabwe this year to refuse to play sport in that country at this time;

| 14. | Calls upon the international donor community, as a matter of great urgency, to provide adequate funding to meet the requirements of the UN World Food Programme, working through international agencies, to alleviate the humanitarian suffering in Zimbabwe caused by Mugabe's actions; |
| --- | --- |

14.

Calls upon the international donor community, as a matter of great urgency, to provide adequate funding to meet the requirements of the UN World Food Programme, working through international agencies, to alleviate the humanitarian suffering in Zimbabwe caused by Mugabe's actions;

| 15. | Calls upon those EU Member States in the UN Security Council to galvanise the international community into coordinated and effective action to resolve the appalling situation in Zimbabwe; |
| --- | --- |

15.

Calls upon those EU Member States in the UN Security Council to galvanise the international community into coordinated and effective action to resolve the appalling situation in Zimbabwe;

| 16. | Instructs its President to forward this resolution to the Commission, the Council, the governments of the Member States, the EU-ACP Council, the Government and Parliament of Zimbabwe, the Government and Parliament of South Africa, the UN Secretary-General, the Presidents of the Commission and Council of the African Union, the Secretary-General of SADC, the Secretary-General of the Commonwealth, former South African President Nelson Mandela, Archbishop Desmond Tutu and appropriate presidents of sporting federations. |
| --- | --- |

16.

Instructs its President to forward this resolution to the Commission, the Council, the governments of the Member States, the EU-ACP Council, the Government and Parliament of Zimbabwe, the Government and Parliament of South Africa, the UN Secretary-General, the Presidents of the Commission and Council of the African Union, the Secretary-General of SADC, the Secretary-General of the Commonwealth, former South African President Nelson Mandela, Archbishop Desmond Tutu and appropriate presidents of sporting federations.

P5_TA(2004)0034

Burundi

European Parilament resolution on the situation in Burundi

The European Parliament,

| — | having regard to Rule 50(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 50(5) of its Rules of Procedure,

| — | having regard to its previous resolutions on Burundi, in particular its resolution of 23 October 2003 on human rights violations and failure to show respect for the rule of law in Burundi (1), |
| --- | --- |

—

having regard to its previous resolutions on Burundi, in particular its resolution of 23 October 2003 on human rights violations and failure to show respect for the rule of law in Burundi (1),

| — | having regard to the declaration issued by the EU Presidency on 19 November 2003, |
| --- | --- |

—

having regard to the declaration issued by the EU Presidency on 19 November 2003,

| A. | shocked by the brutal murder of Monsignor Michael Courtney, the Apostolic Nuncio in Burundi, in a road ambush in Bururi province on 29 December 2003, |
| --- | --- |

A.

shocked by the brutal murder of Monsignor Michael Courtney, the Apostolic Nuncio in Burundi, in a road ambush in Bururi province on 29 December 2003,

| B. | whereas, although no one has yet claimed responsibility for this murder, suspicions point to the National Liberation Forces (FLN), the only rebel movement which has not laid down its arms, |
| --- | --- |

B.

whereas, although no one has yet claimed responsibility for this murder, suspicions point to the National Liberation Forces (FLN), the only rebel movement which has not laid down its arms,

| C. | whereas this movement has issued death threats against the Archbishop of Bujumbura, who was accusing them of the murder of the Apostolic Nuncio, |
| --- | --- |

C.

whereas this movement has issued death threats against the Archbishop of Bujumbura, who was accusing them of the murder of the Apostolic Nuncio,

| D. | whereas this movement denies responsibility for the murder, has lifted its ultimatum calling on the Archbishop of Bujumbura to leave the country, and, for the first time, has stated its willingness to meet the President of the Republic with a view to opening negotiations, |
| --- | --- |

D.

whereas this movement denies responsibility for the murder, has lifted its ultimatum calling on the Archbishop of Bujumbura to leave the country, and, for the first time, has stated its willingness to meet the President of the Republic with a view to opening negotiations,

| E. | whereas Monsignor Courtney had been helping the peace process in Burundi in a quiet and effective manner, after many years of dedicated service to the Holy See in many difficult and challenging postings, and had been instrumental in persuading some rebel groups to give up their armed struggle, |
| --- | --- |

E.

whereas Monsignor Courtney had been helping the peace process in Burundi in a quiet and effective manner, after many years of dedicated service to the Holy See in many difficult and challenging postings, and had been instrumental in persuading some rebel groups to give up their armed struggle,

| F. | whereas the peace process had recently been gathering momentum, with the signing on 16 November 2003 of the peace agreement between the Transitional Government of Burundi and the Forces for the Defence of Democracy (FDD) movement led by Pierre Nkurunziza, which follows the Pretoria Protocol signed on 8 October 2003 by the CNDD-FDD movement, and the subsequent agreements of 2 November 2003 signed by the FDD, |
| --- | --- |

F.

whereas the peace process had recently been gathering momentum, with the signing on 16 November 2003 of the peace agreement between the Transitional Government of Burundi and the Forces for the Defence of Democracy (FDD) movement led by Pierre Nkurunziza, which follows the Pretoria Protocol signed on 8 October 2003 by the CNDD-FDD movement, and the subsequent agreements of 2 November 2003 signed by the FDD,

| G. | regretting, however, that fighting still persists in several provinces, especially in rural Bujumbura, and deploring, in particular, the killing of five people on 5 January 2004 in the eastern Bujumbura district of Gihosha, |
| --- | --- |

G.

regretting, however, that fighting still persists in several provinces, especially in rural Bujumbura, and deploring, in particular, the killing of five people on 5 January 2004 in the eastern Bujumbura district of Gihosha,

| H. | whereas attention must be drawn to the remarks made by the UN Secretary-General to the effect that Burundians must experience an improvement in their living conditions or the budding peace process may be jeopardised, |
| --- | --- |

H.

whereas attention must be drawn to the remarks made by the UN Secretary-General to the effect that Burundians must experience an improvement in their living conditions or the budding peace process may be jeopardised,

| I. | seriously concerned at the worsening of the human rights situation, which has prompted Oxfam to suspend its operations in the country, despite the desperate needs to be met, |
| --- | --- |

I.

seriously concerned at the worsening of the human rights situation, which has prompted Oxfam to suspend its operations in the country, despite the desperate needs to be met,

| 1. | Strongly condemns the brutal murder of Monsignor Courtney, who, as a diplomat, was entitled to special protection by the authorities, and calls for a full and independent investigation in order to identify and bring to justice those responsible; extends its condolences to his family and friends and to the Holy See; |
| --- | --- |

1.

Strongly condemns the brutal murder of Monsignor Courtney, who, as a diplomat, was entitled to special protection by the authorities, and calls for a full and independent investigation in order to identify and bring to justice those responsible; extends its condolences to his family and friends and to the Holy See;

| 2. | Recognises and appreciates the quiet and effective ways in which Monsignor Courtney had been helping the peace process and alleviating the suffering of the people in Burundi; |
| --- | --- |

2.

Recognises and appreciates the quiet and effective ways in which Monsignor Courtney had been helping the peace process and alleviating the suffering of the people in Burundi;

| 3. | Calls on all parties to move swiftly to implement the recent peace agreements and to observe a complete ceasefire during the negotiations; |
| --- | --- |

3.

Calls on all parties to move swiftly to implement the recent peace agreements and to observe a complete ceasefire during the negotiations;

| 4. | Calls on Mr Agathon Rwasa's FNL movement to seize the opportunity presented by the forthcoming talks with President Ndayizeye to abandon the military option and join the peace process, and asks the Burundian authorities to do their utmost to foster negotiations with that movement; |
| --- | --- |

4.

Calls on Mr Agathon Rwasa's FNL movement to seize the opportunity presented by the forthcoming talks with President Ndayizeye to abandon the military option and join the peace process, and asks the Burundian authorities to do their utmost to foster negotiations with that movement;

| 5. | Calls on the African Union and its Member States to exert every possible pressure on the FLN with a view to bringing it to the negotiating table with the genuine aim of seeking a peaceful political settlement; |
| --- | --- |

5.

Calls on the African Union and its Member States to exert every possible pressure on the FLN with a view to bringing it to the negotiating table with the genuine aim of seeking a peaceful political settlement;

| 6. | Calls on the UN Security Council to consider the rapid constitution and deployment of a UN peacekeeping operation, to support the peace process at this critical moment and to strengthen and complement the African Union peace-keeping mission already deployed; also calls on the Council and the Commission to increase their contribution to Burundi's peace and reconstruction process; |
| --- | --- |

6.

Calls on the UN Security Council to consider the rapid constitution and deployment of a UN peacekeeping operation, to support the peace process at this critical moment and to strengthen and complement the African Union peace-keeping mission already deployed; also calls on the Council and the Commission to increase their contribution to Burundi's peace and reconstruction process;

| 7. | Condemns the ongoing hostilities and human rights abuses, in particular as they affect women and children, and reaffirms that there cannot be any impunity for war crimes, in particular those committed against civilians; |
| --- | --- |

7.

Condemns the ongoing hostilities and human rights abuses, in particular as they affect women and children, and reaffirms that there cannot be any impunity for war crimes, in particular those committed against civilians;

| 8. | Calls, to this end, on the Government of Burundi to implement the judicial reforms provided for in the Arusha Agreements, to end impunity and to proceed with the ratification of the Statute of the International Criminal Court; |
| --- | --- |

8.

Calls, to this end, on the Government of Burundi to implement the judicial reforms provided for in the Arusha Agreements, to end impunity and to proceed with the ratification of the Statute of the International Criminal Court;

| 9. | Calls on all States participating at the donor conference for Burundi to make sure that there are sufficient funds for human rights promotion and protection; |
| --- | --- |

9.

Calls on all States participating at the donor conference for Burundi to make sure that there are sufficient funds for human rights promotion and protection;

| 10. | Believes that initiatives by the international community which are focused on obtaining a political settlement will be sustainable only if fundamental human rights issues are addressed at every stage of the peace and democratisation process; |
| --- | --- |

10.

Believes that initiatives by the international community which are focused on obtaining a political settlement will be sustainable only if fundamental human rights issues are addressed at every stage of the peace and democratisation process;

| 11. | Calls on all parties to allow the civilian population unhindered access to humanitarian aid and to encourage and facilitate the work of NGOs, especially in the health sector; |
| --- | --- |

11.

Calls on all parties to allow the civilian population unhindered access to humanitarian aid and to encourage and facilitate the work of NGOs, especially in the health sector;

| 12. | Instructs its President to forward this resolution to the Council, the Commission, the African Union Commission and Executive Council and the governments of Burundi, Tanzania, South Africa and the Holy See. |
| --- | --- |

12.

Instructs its President to forward this resolution to the Council, the Commission, the African Union Commission and Executive Council and the governments of Burundi, Tanzania, South Africa and the Holy See.

---

(1)  P5_TA(2003)0466.

P5_TA(2004)0035

Haiti

European Parliament resolution on Haiti

The European Parliament,

| — | having regard to the report of the UN Secretary-General's special envoy on the human rights situation in Haiti, |
| --- | --- |

—

having regard to the report of the UN Secretary-General's special envoy on the human rights situation in Haiti,

| — | having regard to the 2003 EU Presidency's declarations on Haiti, |
| --- | --- |

—

having regard to the 2003 EU Presidency's declarations on Haiti,

| — | having regard to the renewal in January 2003 of the partial suspension of EU cooperation with Haiti, |
| --- | --- |

—

having regard to the renewal in January 2003 of the partial suspension of EU cooperation with Haiti,

| — | having regard to Rule 50(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 50(5) of its Rules of Procedure,

| A. | whereas Haiti is now celebrating the 200th anniversary of its hard-won independence, symbolising victory over oppression and slavery, |
| --- | --- |

A.

whereas Haiti is now celebrating the 200th anniversary of its hard-won independence, symbolising victory over oppression and slavery,

| B. | whereas violent clashes have marred the 200th anniversary of Haiti's independence and several people have been killed in various anti-government protests since September 2003, |
| --- | --- |

B.

whereas violent clashes have marred the 200th anniversary of Haiti's independence and several people have been killed in various anti-government protests since September 2003,

| C. | whereas Haiti is the poorest country in the Americas, and 80 % of its population live below the poverty line, with the lowest life expectancy, literacy and health indicators of its region, and whereas the political, social, and economic crises of Haiti have worsened since 2000, |
| --- | --- |

C.

whereas Haiti is the poorest country in the Americas, and 80 % of its population live below the poverty line, with the lowest life expectancy, literacy and health indicators of its region, and whereas the political, social, and economic crises of Haiti have worsened since 2000,

| D. | whereas, according to the UN and the FAO, half of the Haitian population suffers from malnutrition and many also from difficult access to clean water, and whereas exports of traditional products have diminished while drug trafficking and corruption are flourishing, |
| --- | --- |

D.

whereas, according to the UN and the FAO, half of the Haitian population suffers from malnutrition and many also from difficult access to clean water, and whereas exports of traditional products have diminished while drug trafficking and corruption are flourishing,

| E. | whereas harvests are regularly destroyed by floods which are aggravated by deforestation, |
| --- | --- |

E.

whereas harvests are regularly destroyed by floods which are aggravated by deforestation,

| F. | whereas the UNDP's emergency humanitarian appeal only succeeded in securing half of the aid hoped for, |
| --- | --- |

F.

whereas the UNDP's emergency humanitarian appeal only succeeded in securing half of the aid hoped for,

| G. | whereas the recently formed Haitian National Police has been unable to enforce the rule of law and has been severely criticised by human rights groups for its abuse of protesters demonstrating against President Aristide's rule and for failing to protect them from machete- and gun-wielding government supporters, |
| --- | --- |

G.

whereas the recently formed Haitian National Police has been unable to enforce the rule of law and has been severely criticised by human rights groups for its abuse of protesters demonstrating against President Aristide's rule and for failing to protect them from machete- and gun-wielding government supporters,

| H. | whereas the opposition parties, judging the parliamentary elections of May 2000 to have been of doubtful validity, chose to boycott the presidential elections of October 2000, and have called for general strikes in protest against President Aristide's regime and are calling for the President to step down as a condition for participation in legislative elections; whereas President Aristide has vowed to serve out his term, which ends in 2006, |
| --- | --- |

H.

whereas the opposition parties, judging the parliamentary elections of May 2000 to have been of doubtful validity, chose to boycott the presidential elections of October 2000, and have called for general strikes in protest against President Aristide's regime and are calling for the President to step down as a condition for participation in legislative elections; whereas President Aristide has vowed to serve out his term, which ends in 2006,

| I. | whereas the legislative elections pledged by President Aristide and scheduled for 2004 are currently blocked by a political disagreement on appointments to the Electoral Council, |
| --- | --- |

I.

whereas the legislative elections pledged by President Aristide and scheduled for 2004 are currently blocked by a political disagreement on appointments to the Electoral Council,

| J. | whereas the opposition does not want elections until there are guarantees against the violence provoked by armed bands in the service of the government, since there can be no democratic elections unless the police forces ensure protection to all rather than be at the sole service of the government in power, |
| --- | --- |

J.

whereas the opposition does not want elections until there are guarantees against the violence provoked by armed bands in the service of the government, since there can be no democratic elections unless the police forces ensure protection to all rather than be at the sole service of the government in power,

| K. | whereas all the political parties have been incapable of settling the dispute over the electoral process; whereas this failure is continuing to paralyse the country, rendering it incapable of tackling the multiple problems facing the Haitian people, |
| --- | --- |

K.

whereas all the political parties have been incapable of settling the dispute over the electoral process; whereas this failure is continuing to paralyse the country, rendering it incapable of tackling the multiple problems facing the Haitian people,

| L. | whereas Haiti will only achieve the political stability needed for its economic and social development and the present crisis will only be resolved,if democratic principles and human rights are recognised as vital factors, |
| --- | --- |

L.

whereas Haiti will only achieve the political stability needed for its economic and social development and the present crisis will only be resolved,if democratic principles and human rights are recognised as vital factors,

| M. | whereas CARICOM is attempting to mediate in the political dispute between the Haitian government and opposition, despite the latter's reservations, and the UN Secretary-General, Kofi Annan, has also pledged to play a role in resolving the crisis, |
| --- | --- |

M.

whereas CARICOM is attempting to mediate in the political dispute between the Haitian government and opposition, despite the latter's reservations, and the UN Secretary-General, Kofi Annan, has also pledged to play a role in resolving the crisis,

| N. | seriously concerned at the human rights situation, which has worsened since 2000, while threats against and intimidation of opposition politicians and media have increased, |
| --- | --- |

N.

seriously concerned at the human rights situation, which has worsened since 2000, while threats against and intimidation of opposition politicians and media have increased,

| O. | whereas the EU has suspended cooperation with Haiti, after consultations in accordance with Article 96 of the Cotonou Agreement, but, at the same time, has increased humanitarian aid, |
| --- | --- |

O.

whereas the EU has suspended cooperation with Haiti, after consultations in accordance with Article 96 of the Cotonou Agreement, but, at the same time, has increased humanitarian aid,

| 1. | Condemns all the violence and the political assassinations from which Haiti has been suffering for years, and calls on all parties to respect human rights; |
| --- | --- |

1.

Condemns all the violence and the political assassinations from which Haiti has been suffering for years, and calls on all parties to respect human rights;

| 2. | Calls on the Haitian government, the opposition and civil society to engage in a constructive dialogue, possibly in the framework of a ‘National Conference‧, to pave the way for legislative elections; |
| --- | --- |

2.

Calls on the Haitian government, the opposition and civil society to engage in a constructive dialogue, possibly in the framework of a ‘National Conference‧, to pave the way for legislative elections;

| 3. | Calls on the Council and the Commission to use all political and diplomatic means to encourage the Haitian authorities, opposition parties and civil society to facilitate this dialogue; |
| --- | --- |

3.

Calls on the Council and the Commission to use all political and diplomatic means to encourage the Haitian authorities, opposition parties and civil society to facilitate this dialogue;

| 4. | Recommends the appointment of mediators by the UN in the interests of a sustainable political agreement, and urges the Haitian government and opposition to proceed to the constitution of the provisional Electoral Council; |
| --- | --- |

4.

Recommends the appointment of mediators by the UN in the interests of a sustainable political agreement, and urges the Haitian government and opposition to proceed to the constitution of the provisional Electoral Council;

| 5. | Deplores the failure of the police and judiciary to confront the ruling-party activists responsible for political violence; |
| --- | --- |

5.

Deplores the failure of the police and judiciary to confront the ruling-party activists responsible for political violence;

| 6. | Calls for an independent and transparent inquiry into all the allegations of breaches of human rights by the police, the security forces, political activists and the militias; |
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6.

Calls for an independent and transparent inquiry into all the allegations of breaches of human rights by the police, the security forces, political activists and the militias;

| 7. | Calls on the Haitian government to dissolve the militias and armed bands which are sowing terror, to put an end to corruption and to act against drug trafficking; |
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7.

Calls on the Haitian government to dissolve the militias and armed bands which are sowing terror, to put an end to corruption and to act against drug trafficking;

| 8. | Calls on all the specialist international agencies to step up their fight against drugs trafficking via Haiti; |
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8.

Calls on all the specialist international agencies to step up their fight against drugs trafficking via Haiti;

| 9. | Calls on the police and government authorities to publicly undertake to respect the right to peaceful assembly and association and to put an end to the killings, torture, intimidation and other grave human rights violations; |
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9.

Calls on the police and government authorities to publicly undertake to respect the right to peaceful assembly and association and to put an end to the killings, torture, intimidation and other grave human rights violations;

| 10. | Calls for the restoration of the UN mission working with the Haitian police force, the disbandment of the so-called ‘special brigades‧ (as requested by the UN Special Envoy), and the disarming of the militias; |
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10.

Calls for the restoration of the UN mission working with the Haitian police force, the disbandment of the so-called ‘special brigades‧ (as requested by the UN Special Envoy), and the disarming of the militias;

| 11. | Calls on the Commission to step up its humanitarian and health aid to Haiti and to provide specific assistance to the victims of violence; |
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11.

Calls on the Commission to step up its humanitarian and health aid to Haiti and to provide specific assistance to the victims of violence;

| 12. | Calls for the establishment of cooperation, in particular in the education and health sectors, as soon as the conditions of the Cotonou Agreement have been fulfilled; |
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12.

Calls for the establishment of cooperation, in particular in the education and health sectors, as soon as the conditions of the Cotonou Agreement have been fulfilled;

| 13. | Instructs its President to forward this resolution to the Council, the Commission, the ACP Council, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly, the UN Secretary-General, the Organisation of American States, CARICOM and the Haitian authorities. |
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13.

Instructs its President to forward this resolution to the Council, the Commission, the ACP Council, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly, the UN Secretary-General, the Organisation of American States, CARICOM and the Haitian authorities.

P5_TA(2004)0036

Copyright

European Parliament resolution on a Community framework for collective management societies in the field of copyright and neighbouring rights (2002/2274(INI))

The European Parliament,

| — | having regard to the Treaty establishing the European Community, in particular Articles 95 and 151, |
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—

having regard to the Treaty establishing the European Community, in particular Articles 95 and 151,

| — | having regard to Articles 17, 22 and 41 of the Charter of Fundamental Rights of the European Union, |
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—

having regard to Articles 17, 22 and 41 of the Charter of Fundamental Rights of the European Union,

| — | having regard to Article III-181 of the draft Treaty establishing a Constitution for Europe, |
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—

having regard to Article III-181 of the draft Treaty establishing a Constitution for Europe,

| — | having regard to its resolution of 15 May 2003 on the protection of audio-visual performers (1), |
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—

having regard to its resolution of 15 May 2003 on the protection of audio-visual performers (1),

| — | having regard to the various international agreements in force in this field, namely the Rome Convention of 26 October 1961 for the Protection of performers, producers of phonograms and broadcasting organisations, the Berne Convention of 24 July 1971 for the protection of literary and artistic works, the Geneva Convention of 29 October 1971 for the Protection of producers of phonograms against unauthorised duplication of their phonograms, the WIPO Copyright Treaty of 20 December 1996, the WIPO Performances and phonograms Treaty of 20 December 1996, and the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of 15 April 1994, |
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—

having regard to the various international agreements in force in this field, namely the Rome Convention of 26 October 1961 for the Protection of performers, producers of phonograms and broadcasting organisations, the Berne Convention of 24 July 1971 for the protection of literary and artistic works, the Geneva Convention of 29 October 1971 for the Protection of producers of phonograms against unauthorised duplication of their phonograms, the WIPO Copyright Treaty of 20 December 1996, the WIPO Performances and phonograms Treaty of 20 December 1996, and the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of 15 April 1994,

| — | having regard to the body of EC law (acquis communautaire) in this area, namely Directive 91/250/EEC (2) on the legal protection of computer programs; Directive 92/100/EEC (3) on rental right and lending right and certain rights related to copyright in the field of intellectual property; Directive 93/83/EEC (4) on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission; Directive 93/98/EEC (5) on harmonising the term of protection of copyright and certain related rights; Directive 96/9/EC (6) on the legal protection of databases; Directive 2001/29/EC (7) on the harmonisation of certain aspects of copyright and related rights in the information society; Directive 2001/84/EC (8) on the resale right for the benefit of the author of an original work of art, |
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—

having regard to the body of EC law (acquis communautaire) in this area, namely Directive 91/250/EEC (2) on the legal protection of computer programs; Directive 92/100/EEC (3) on rental right and lending right and certain rights related to copyright in the field of intellectual property; Directive 93/83/EEC (4) on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission; Directive 93/98/EEC (5) on harmonising the term of protection of copyright and certain related rights; Directive 96/9/EC (6) on the legal protection of databases; Directive 2001/29/EC (7) on the harmonisation of certain aspects of copyright and related rights in the information society; Directive 2001/84/EC (8) on the resale right for the benefit of the author of an original work of art,

| — | having regard to Rule 163 of its Rules of Procedure, |
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—

having regard to Rule 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market and the opinion of the Committee on Culture, Youth, Education, the Media and Sport (A5-0478/2003), |
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—

having regard to the report of the Committee on Legal Affairs and the Internal Market and the opinion of the Committee on Culture, Youth, Education, the Media and Sport (A5-0478/2003),

| 1. | Notes that the exercise and management of copyright and neighbouring rights have been discussed at EU level since 1995; |
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1.

Notes that the exercise and management of copyright and neighbouring rights have been discussed at EU level since 1995;

| 2. | Underlines that collective management has been recognised and sanctioned as a valid form of rights management by the EC legislator since 1992; notes that Directive 92/100/EEC expressly gives authors and performers the possibility to entrust the administration of their unwaivable right to receive equitable remuneration for rental to collecting societies representing them; points out that Directive 93/83/EEC provides for mandatory collective management for cable retransmission rights and that Directive 2001/84/EC expressly refers to the possibility for Member States to provide for compulsory or optional collective management of the right for authors of an original work of art to receive royalties; considers that these directives constitute part of the acquis communautaire; |
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2.

Underlines that collective management has been recognised and sanctioned as a valid form of rights management by the EC legislator since 1992; notes that Directive 92/100/EEC expressly gives authors and performers the possibility to entrust the administration of their unwaivable right to receive equitable remuneration for rental to collecting societies representing them; points out that Directive 93/83/EEC provides for mandatory collective management for cable retransmission rights and that Directive 2001/84/EC expressly refers to the possibility for Member States to provide for compulsory or optional collective management of the right for authors of an original work of art to receive royalties; considers that these directives constitute part of the acquis communautaire;

| 3. | Notes that the management of copyright and neighbouring rights is, together with the recognised rights themselves and the provisions on their enforcement, the third and indispensable element in the sphere of copyright and neighbouring rights; |
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3.

Notes that the management of copyright and neighbouring rights is, together with the recognised rights themselves and the provisions on their enforcement, the third and indispensable element in the sphere of copyright and neighbouring rights;

| 4. | Draws attention to the fact that some 5—7 % of EU gross domestic product is earned by goods and services protected by copyright and neighbouring rights; |
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4.

Draws attention to the fact that some 5—7 % of EU gross domestic product is earned by goods and services protected by copyright and neighbouring rights;

| 5. | Notes that Directive 2001/29/EC is a significant step towards the establishment of an internal market for copyright, in which the adjustments made necessary by digitalisation may also lead to adjustment in the area of management, without prejudice to the substance of the rights in question and focusing, in particular, on the protection of neighbouring rights through digital rights management systems; |
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5.

Notes that Directive 2001/29/EC is a significant step towards the establishment of an internal market for copyright, in which the adjustments made necessary by digitalisation may also lead to adjustment in the area of management, without prejudice to the substance of the rights in question and focusing, in particular, on the protection of neighbouring rights through digital rights management systems;

| 6. | Notes that, in the area of copyright and neighbouring rights, the proper and fair participation of all concerned throughout the chain of exploitation and the rapid, fair and professional acquisition of rights are crucial for financial, as well as cultural, success; |
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6.

Notes that, in the area of copyright and neighbouring rights, the proper and fair participation of all concerned throughout the chain of exploitation and the rapid, fair and professional acquisition of rights are crucial for financial, as well as cultural, success;

| 7. | Supports the call for any use to be properly rewarded in accordance with the law applicable and the three-step test, more particularly, those deriving from cases for which the law makes provision, thereby creating an entitlement to remuneration (compulsory licence, private copy, library royalties); |
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7.

Supports the call for any use to be properly rewarded in accordance with the law applicable and the three-step test, more particularly, those deriving from cases for which the law makes provision, thereby creating an entitlement to remuneration (compulsory licence, private copy, library royalties);

| 8. | Notes that, in the area of collective exercise of rights, necessitated, inter alia by the enlargement of the European Union, appropriate means are needed and action might need to be taken; |
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8.

Notes that, in the area of collective exercise of rights, necessitated, inter alia by the enlargement of the European Union, appropriate means are needed and action might need to be taken;

| 9. | Recalls that the technical assistance programmes PHARE and TACIS settled by the EU in the intellectual property area helped and enabled the development of collective management societies in the countries of Central and Eastern Europe and the CIS, and especially, as part of the pre-accession strategy, in the new countries; |
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9.

Recalls that the technical assistance programmes PHARE and TACIS settled by the EU in the intellectual property area helped and enabled the development of collective management societies in the countries of Central and Eastern Europe and the CIS, and especially, as part of the pre-accession strategy, in the new countries;

| 10. | Points out that in the new Member States, collective management societies are still lacking for some sectors, right-holders and repertoires, that existing societies remain tentative and are encountering difficulties in collecting the remuneration due from their members and that, therefore, the specific assistance support programmes for the collecting societies of these countries, as employed under PHARE and TACIS as part of the pre-accession strategy, should be retained with a view to increasing the circulation of works, enhancing the European heritage and increasing legal certainty; requests that the Commission draw up a proposal accordingly; |
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10.

Points out that in the new Member States, collective management societies are still lacking for some sectors, right-holders and repertoires, that existing societies remain tentative and are encountering difficulties in collecting the remuneration due from their members and that, therefore, the specific assistance support programmes for the collecting societies of these countries, as employed under PHARE and TACIS as part of the pre-accession strategy, should be retained with a view to increasing the circulation of works, enhancing the European heritage and increasing legal certainty; requests that the Commission draw up a proposal accordingly;

Internal market

| 11. | Points out that the exercise and management of rights is based on the principle of territoriality and international treaties; notes, moreover, that the adjustments which have taken place so far as a result of digitalisation (above all global distribution mechanisms) in the area of rights management are not yet sufficient; |
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11.

Points out that the exercise and management of rights is based on the principle of territoriality and international treaties; notes, moreover, that the adjustments which have taken place so far as a result of digitalisation (above all global distribution mechanisms) in the area of rights management are not yet sufficient;

| 12. | Believes that a Community approach in the area of the exercise and management of copyright and neighbouring rights, in particular of effective collective rights management in the internal market, must be pursued while respecting and complying with the principles of copyright and competition law and in accordance with the principles of subsidiarity and proportionality; |
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12.

Believes that a Community approach in the area of the exercise and management of copyright and neighbouring rights, in particular of effective collective rights management in the internal market, must be pursued while respecting and complying with the principles of copyright and competition law and in accordance with the principles of subsidiarity and proportionality;

| 13. | Asks the Commission to ensure that while collecting societies, to the extent that they are service providers, are encompassed in the forthcoming proposal on the internal market for services, due account should be taken of their functions as trustees and their particular responsibility for cultural and social aspects and society as such; |
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13.

Asks the Commission to ensure that while collecting societies, to the extent that they are service providers, are encompassed in the forthcoming proposal on the internal market for services, due account should be taken of their functions as trustees and their particular responsibility for cultural and social aspects and society as such;

Competition

| 14. | Notes that the de jure and de facto monopolies which the collecting societies generally enjoy do not in, principle, pose a problem for competition, provided that they do not impose unreasonable restrictions on their members or on access to rights by prospective clients; recognises that that collecting societies carry out tasks in the public interest and in the interest of right-holders and users and, therefore, require a degree of regulation; emphasises the importance of competition law in examining possible abuses of monopoly by collecting societies in individual cases so as to be able successfully to ensure rights management also in the future; |
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14.

Notes that the de jure and de facto monopolies which the collecting societies generally enjoy do not in, principle, pose a problem for competition, provided that they do not impose unreasonable restrictions on their members or on access to rights by prospective clients; recognises that that collecting societies carry out tasks in the public interest and in the interest of right-holders and users and, therefore, require a degree of regulation; emphasises the importance of competition law in examining possible abuses of monopoly by collecting societies in individual cases so as to be able successfully to ensure rights management also in the future;

| 15. | Notes, on the other hand, that the increasing vertical concentration of the media is the real challenge in the area of access to and dissemination of works and services protected by copyright or neighbouring rights, as also the exercise and exploitation of such works and services; calls, therefore, on the Commission to monitor the vertical concentration of the media and its effect on the exercise of rights and, where appropriate, to take the necessary measures; |
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15.

Notes, on the other hand, that the increasing vertical concentration of the media is the real challenge in the area of access to and dissemination of works and services protected by copyright or neighbouring rights, as also the exercise and exploitation of such works and services; calls, therefore, on the Commission to monitor the vertical concentration of the media and its effect on the exercise of rights and, where appropriate, to take the necessary measures;

| 16. | Considers that a straightforward, rapid and reliable clarification of rights is in the interest of rightholders, users and consumers of works and performances and that a Community approach should take full account of the specific features of the ownership and exercise of copyright and neighbouring rights in order to avoid both economic and cultural misallocations; |
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16.

Considers that a straightforward, rapid and reliable clarification of rights is in the interest of rightholders, users and consumers of works and performances and that a Community approach should take full account of the specific features of the ownership and exercise of copyright and neighbouring rights in order to avoid both economic and cultural misallocations;

| 17. | Calls, accordingly, for the restriction of competition law to cases of abuse, subject to introduction and supervision of the necessary transparency, so as to safeguard rights management effectively both now and in the future; |
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17.

Calls, accordingly, for the restriction of competition law to cases of abuse, subject to introduction and supervision of the necessary transparency, so as to safeguard rights management effectively both now and in the future;

The information society

| 18. | Notes that the present discussions surrounding collective claims to remuneration and digital rights management (DRM) systems have implications for the exercise and management of rights; notes further that DRM systems may develop into a useful tool for improved rights management; |
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18.

Notes that the present discussions surrounding collective claims to remuneration and digital rights management (DRM) systems have implications for the exercise and management of rights; notes further that DRM systems may develop into a useful tool for improved rights management;

| 19. | Recognises that introducing DRM systems may result in an income which is more individually attributable but, for the time being, will not automatically replace collective remuneration for private copying; notes, further, that a large part of the collecting societies' sphere of activity cannot be replaced by DRM systems; |
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19.

Recognises that introducing DRM systems may result in an income which is more individually attributable but, for the time being, will not automatically replace collective remuneration for private copying; notes, further, that a large part of the collecting societies' sphere of activity cannot be replaced by DRM systems;

| 20. | Points out, with regard to DRM systems, that they can only be used successfully if the principles of authorship and related rights and inter-operability are the basis for their application, in which, particularly, the equal opportunities of right-holders are upheld, there is a uniform coding standard established and strict compliance with the relevant data protection provisions is ensured; |
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20.

Points out, with regard to DRM systems, that they can only be used successfully if the principles of authorship and related rights and inter-operability are the basis for their application, in which, particularly, the equal opportunities of right-holders are upheld, there is a uniform coding standard established and strict compliance with the relevant data protection provisions is ensured;

| 21. | Considers that, as regards the claims to remuneration which must be collected and where a system of authorisations or licences cannot be applied, there is a need for an examination of the market under Directive 2001/29/EC to be performed, in particular, to avoid confusion and unnecessary administrative costs for consumers and to create a fair balance between sectors; |
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21.

Considers that, as regards the claims to remuneration which must be collected and where a system of authorisations or licences cannot be applied, there is a need for an examination of the market under Directive 2001/29/EC to be performed, in particular, to avoid confusion and unnecessary administrative costs for consumers and to create a fair balance between sectors;

Collective management societies

| 22. | Points out that the protection and collective management of intellectual property rights are important factors in stimulating cultural creativity and influencing the growth of cultural and linguistic diversity; |
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22.

Points out that the protection and collective management of intellectual property rights are important factors in stimulating cultural creativity and influencing the growth of cultural and linguistic diversity;

| 23. | Stresses the importance of finding a balance between the rights and interests of the artists and right-holders, on the one hand, and the need to ensure the optimal dissemination of their work for the benefit of their potential audience, on the other; recognises that, in this regard, collective management societies present a greater advantage in facilitating users' access to the content and circulation of works, for the benefit of the entire chain; |
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23.

Stresses the importance of finding a balance between the rights and interests of the artists and right-holders, on the one hand, and the need to ensure the optimal dissemination of their work for the benefit of their potential audience, on the other; recognises that, in this regard, collective management societies present a greater advantage in facilitating users' access to the content and circulation of works, for the benefit of the entire chain;

| 24. | Points to the fact that copyright comprises two main sets of rights: economic rights which are the rights of reproduction, communication to the public (including broadcasting), distribution etc., and moral rights which include the author's and performer's right to object to any distortion, mutilation or other modification of their work; |
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24.

Points to the fact that copyright comprises two main sets of rights: economic rights which are the rights of reproduction, communication to the public (including broadcasting), distribution etc., and moral rights which include the author's and performer's right to object to any distortion, mutilation or other modification of their work;

| 25. | Recognises the important role of collective management societies which constitute an indispensable link between creators and users of copyrighted works, on account of the fact that they ensure that artists and right-holders receive payment for the use of their works, since technological developments have led to new forms of protected works, especially in the multimedia sector, and have increased the possibilities for international exploitation of intellectual property rights; points out, in addition, that individual artists and right-holders find it impossible to face the new difficulties alone; |
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25.

Recognises the important role of collective management societies which constitute an indispensable link between creators and users of copyrighted works, on account of the fact that they ensure that artists and right-holders receive payment for the use of their works, since technological developments have led to new forms of protected works, especially in the multimedia sector, and have increased the possibilities for international exploitation of intellectual property rights; points out, in addition, that individual artists and right-holders find it impossible to face the new difficulties alone;

| 26. | Calls on the Commission, when examining the issue of collective management societies, to take due account of the cultural dimension of the collective management of rights, since the rights of artists and right-holders are protected by national legislation, by the Berne Convention, the TRIPS and the WIPO treaties and by several EU Directives; whereas collective management societies are governed at national level in conformity with the existing national, European and international regulations, and the rules regulating collective management societies vary from one EU Member State to another because of historical, legal, economic and, above all, cultural diversity; |
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26.

Calls on the Commission, when examining the issue of collective management societies, to take due account of the cultural dimension of the collective management of rights, since the rights of artists and right-holders are protected by national legislation, by the Berne Convention, the TRIPS and the WIPO treaties and by several EU Directives; whereas collective management societies are governed at national level in conformity with the existing national, European and international regulations, and the rules regulating collective management societies vary from one EU Member State to another because of historical, legal, economic and, above all, cultural diversity;

| 27. | Points out that the practice of certain collective management societies (chiefly in the field of music) to use distribution rules to promote non-commercial but culturally important works contributes to the development of culture and cultural diversity; recognises in addition, the cultural and social activity of collective management societies, which thus also become vehicles of public authority; |
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27.

Points out that the practice of certain collective management societies (chiefly in the field of music) to use distribution rules to promote non-commercial but culturally important works contributes to the development of culture and cultural diversity; recognises in addition, the cultural and social activity of collective management societies, which thus also become vehicles of public authority;

| 28. | Signals that future European Directives from the Commission on the regulation of television, radio, communication, transmission and telecommunications in the digital area must recognise and include provisions of ownership and protection based on the principles of the author's rights; considers that the EU would thus enhance European art and culture, strengthen the confidence of artists, including writers, musicians and film makers who would be able to create new work with the assurance that it will be properly protected from piracy and ensure moral rights and financial incentives; |
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28.

Signals that future European Directives from the Commission on the regulation of television, radio, communication, transmission and telecommunications in the digital area must recognise and include provisions of ownership and protection based on the principles of the author's rights; considers that the EU would thus enhance European art and culture, strengthen the confidence of artists, including writers, musicians and film makers who would be able to create new work with the assurance that it will be properly protected from piracy and ensure moral rights and financial incentives;

| 29. | Points out that the lack of procedural facilities for collective management societies and the absence of rapid dispute settlement mechanisms result in an ineffective protection of creators and increased management costs; stresses that in view of the nature and role the management societies, they must be managed and controlled by the right-holders; |
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29.

Points out that the lack of procedural facilities for collective management societies and the absence of rapid dispute settlement mechanisms result in an ineffective protection of creators and increased management costs; stresses that in view of the nature and role the management societies, they must be managed and controlled by the right-holders;

| 30. | Stresses that collective management societies are the most significant option for the efficient protection of the copyright of the artist and must operate according to the principles of transparency, democracy and the participation of creators; stresses that the institution of reasonable levies as compensation for free reproduction for personal use constitutes the only means of ensuring equitable remuneration for creators and users' easy access to intellectual property works and cannot be replaced by DRM systems; |
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30.

Stresses that collective management societies are the most significant option for the efficient protection of the copyright of the artist and must operate according to the principles of transparency, democracy and the participation of creators; stresses that the institution of reasonable levies as compensation for free reproduction for personal use constitutes the only means of ensuring equitable remuneration for creators and users' easy access to intellectual property works and cannot be replaced by DRM systems;

| 31. | Greets initiatives such as ISAN (International Standard Audiovisual Number), recognised by the UN organisation ISO (International Organisation for Standardisation), which is able to use software to identify the time and place an audiovisual work is used, and is generally in favour of promoting international cooperation in this sector; |
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31.

Greets initiatives such as ISAN (International Standard Audiovisual Number), recognised by the UN organisation ISO (International Organisation for Standardisation), which is able to use software to identify the time and place an audiovisual work is used, and is generally in favour of promoting international cooperation in this sector;

| 32. | Points out that one important criterion, but not the only one, for the representation of right-holders in the management and control bodies of collective management societies must be the financial value of the rights which each right-holder contributes to the collective management society; considers that the freedom of creators to decide for themselves which rights they wish to confer on collective management societies, and which rights they wish to manage individually, must also be safeguarded by legislation; |
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32.

Points out that one important criterion, but not the only one, for the representation of right-holders in the management and control bodies of collective management societies must be the financial value of the rights which each right-holder contributes to the collective management society; considers that the freedom of creators to decide for themselves which rights they wish to confer on collective management societies, and which rights they wish to manage individually, must also be safeguarded by legislation;

| 33. | Proposes that the potential offered by new technologies and distribution networks with regard to the exercise of copyright and neighbouring rights be used in a creative way; |
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33.

Proposes that the potential offered by new technologies and distribution networks with regard to the exercise of copyright and neighbouring rights be used in a creative way;

| 34. | Considers it imperative that, where they perform public functions from a position of monopoly, collective management societies in the field of copyright and neighbouring rights are appropriately regulated, in order to ensure the transparency required under competition law; |
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34.

Considers it imperative that, where they perform public functions from a position of monopoly, collective management societies in the field of copyright and neighbouring rights are appropriately regulated, in order to ensure the transparency required under competition law;

| 35. | Notes that the various laws and provisions, and the statutes and practices, of collecting societies differ too widely, owing to the fact that every country has its own traditions and specific historical, legal, cultural and economic characteristics; |
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35.

Notes that the various laws and provisions, and the statutes and practices, of collecting societies differ too widely, owing to the fact that every country has its own traditions and specific historical, legal, cultural and economic characteristics;

| 36. | Underlines the freedom of the right-holders to opt for individual or collective management in accordance with the applicable legislative and contractual provisions; points out, in this connection, that considerations as to appropriateness may also have a bearing; |
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36.

Underlines the freedom of the right-holders to opt for individual or collective management in accordance with the applicable legislative and contractual provisions; points out, in this connection, that considerations as to appropriateness may also have a bearing;

| 37. | Notes that, in relation to their organisation, collective management societies have adopted very different approaches as between one category of right-holder and another, one sector and another, and one country and another; notes that the main and crucial issue for the exercise of rights in the internal market is that these societies fulfil their function of trustees; |
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37.

Notes that, in relation to their organisation, collective management societies have adopted very different approaches as between one category of right-holder and another, one sector and another, and one country and another; notes that the main and crucial issue for the exercise of rights in the internal market is that these societies fulfil their function of trustees;

| 38. | Calls for the creation of common tools and of comparable parameters and the coordination of collective management societies' areas of activity, to improve cooperation between societies and take the development of the information society into account; |
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38.

Calls for the creation of common tools and of comparable parameters and the coordination of collective management societies' areas of activity, to improve cooperation between societies and take the development of the information society into account;

| 39. | Notes that internal democratic structures of collective management societies are fundamental for legitimising their activity and for them to operate effectively; calls, therefore, for the establishment of minimum standards for organisational structures, transparency, accounting and legal remedies; |
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39.

Notes that internal democratic structures of collective management societies are fundamental for legitimising their activity and for them to operate effectively; calls, therefore, for the establishment of minimum standards for organisational structures, transparency, accounting and legal remedies;

| 40. | Calls for all those entitled to exercise rights to be able to send representatives of their choice with voting rights to members' meetings, and believes that such right-holders should be taken into consideration when members of management bodies are being appointed; |
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40.

Calls for all those entitled to exercise rights to be able to send representatives of their choice with voting rights to members' meetings, and believes that such right-holders should be taken into consideration when members of management bodies are being appointed;

| 41. | Calls for the participation, on the basis of equal entitlement, of all the various member groups and — in view of the vertical concentration of the media — for particular attention to be paid when appointing members to management bodies; this must, however, be fully compatible with the establishment of internal operating and management standards in management societies which apply other reasonable criteria (number of works or interpretations, amount of revenue, etc.) for participation in such bodies, the final result being a principle of identical treatment in identical circumstances; |
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41.

Calls for the participation, on the basis of equal entitlement, of all the various member groups and — in view of the vertical concentration of the media — for particular attention to be paid when appointing members to management bodies; this must, however, be fully compatible with the establishment of internal operating and management standards in management societies which apply other reasonable criteria (number of works or interpretations, amount of revenue, etc.) for participation in such bodies, the final result being a principle of identical treatment in identical circumstances;

| 42. | Calls for an end to conflicts of interest (when right-holders and users are the same person) in the operation of collecting societies; |
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42.

Calls for an end to conflicts of interest (when right-holders and users are the same person) in the operation of collecting societies;

| 43. | Recognises that reciprocal agreements between collective management societies have been explicitly recognised as admissible by case-law, provided that they are not contrary to provisions laid down in competition law; also recognises that while the establishment of an efficient national one-stop shop is wholly desirable, where unequal rights exist between the constituent right-holders, the equitable operation of a one-stop shop facility is put in jeopardy; considers that, in such circumstances, the separate right-holding groups should be able to negotiate the licensing and administer the collection and distribution of the revenue accruing from the exploitation of their rights separately; |
| --- | --- |

43.

Recognises that reciprocal agreements between collective management societies have been explicitly recognised as admissible by case-law, provided that they are not contrary to provisions laid down in competition law; also recognises that while the establishment of an efficient national one-stop shop is wholly desirable, where unequal rights exist between the constituent right-holders, the equitable operation of a one-stop shop facility is put in jeopardy; considers that, in such circumstances, the separate right-holding groups should be able to negotiate the licensing and administer the collection and distribution of the revenue accruing from the exploitation of their rights separately;

| 44. | Calls for an end to the preferential treatment given to national repertoires over non-qualified recordings, without prejudice to the international treaties applicable, and in particular the aforementioned Rome Convention and the Berne Convention; |
| --- | --- |

44.

Calls for an end to the preferential treatment given to national repertoires over non-qualified recordings, without prejudice to the international treaties applicable, and in particular the aforementioned Rome Convention and the Berne Convention;

| 45. | Calls for the so-called ‘B agreements‧ to be discontinued; |
| --- | --- |

45.

Calls for the so-called ‘B agreements‧ to be discontinued;

| 46. | Starts from the premise that cultural and social activities, and tasks in the public interest, are justified in so far as they are democratically legitimised in the society and/or laid down by law and provided that they benefit all member groups equitably; considers, in this connection, that all member groups must be equally represented; |
| --- | --- |

46.

Starts from the premise that cultural and social activities, and tasks in the public interest, are justified in so far as they are democratically legitimised in the society and/or laid down by law and provided that they benefit all member groups equitably; considers, in this connection, that all member groups must be equally represented;

| 47. | Notes, with regard to the control mechanisms of collective management societies that, firstly, there are major structural differences and, secondly, that the efficiency of such controls differs greatly between Member States; |
| --- | --- |

47.

Notes, with regard to the control mechanisms of collective management societies that, firstly, there are major structural differences and, secondly, that the efficiency of such controls differs greatly between Member States;

| 48. | Calls for efficient, independent, regular, transparent and expert control mechanisms in all Member States, which take into account all the legal, social, financial and cultural aspects; |
| --- | --- |

48.

Calls for efficient, independent, regular, transparent and expert control mechanisms in all Member States, which take into account all the legal, social, financial and cultural aspects;

| 49. | Calls for comparable and compatible arbitration mechanisms throughout the EU, access to which is affordable to small users and small authors, for disputes between right-holders and collective management societies, between one collecting society and another, and between collective management societies and users; |
| --- | --- |

49.

Calls for comparable and compatible arbitration mechanisms throughout the EU, access to which is affordable to small users and small authors, for disputes between right-holders and collective management societies, between one collecting society and another, and between collective management societies and users;

| 50. | Also calls for efforts to seek an appropriate procedure for the cross-border settlement of conflicting decisions in Member States; |
| --- | --- |

50.

Also calls for efforts to seek an appropriate procedure for the cross-border settlement of conflicting decisions in Member States;

| 51. | Wishes to see a graduated requirement for collective management societies to provide information, both internally and externally; calls, therefore, for the publication on the internet, as well as in other forms, of tariffs, distribution keys, annual accounts and information on reciprocal agreements; |
| --- | --- |

51.

Wishes to see a graduated requirement for collective management societies to provide information, both internally and externally; calls, therefore, for the publication on the internet, as well as in other forms, of tariffs, distribution keys, annual accounts and information on reciprocal agreements;

| 52. | Considers it necessary to establish, in the event of a Community approach, a framework for minimum standards for the calculation of tariffs, thereby contributing to introducing the transparency required in accordance with competition law; |
| --- | --- |

52.

Considers it necessary to establish, in the event of a Community approach, a framework for minimum standards for the calculation of tariffs, thereby contributing to introducing the transparency required in accordance with competition law;

| 53. | Calls for the listing of appropriate management costs, comprehensible to those entitled to benefit; |
| --- | --- |

53.

Calls for the listing of appropriate management costs, comprehensible to those entitled to benefit;

| 54. | Calls for uniform coding standards for works, to simplify the exercise of rights and improve the efficiency of controls, and for inter-operability in the market, including that between collective management societies; notes that collective management societies are participating in international fora in order to promote the development of common, inter-operable and secure standards; |
| --- | --- |

54.

Calls for uniform coding standards for works, to simplify the exercise of rights and improve the efficiency of controls, and for inter-operability in the market, including that between collective management societies; notes that collective management societies are participating in international fora in order to promote the development of common, inter-operable and secure standards;

| 55. | Supports the desire for EU promotion to implement uniform coding standards; |
| --- | --- |

55.

Supports the desire for EU promotion to implement uniform coding standards;

| 56. | Calls for the efficient exchange of information between collective management societies, and, as regards data confidentiality standards, for clear provision to be made for collective management societies to enjoy access to each other's economic data and, furthermore, to seek audits with a view to ensuring that reciprocal representation agreements are properly applied and enhancing transparency in their management; |
| --- | --- |

56.

Calls for the efficient exchange of information between collective management societies, and, as regards data confidentiality standards, for clear provision to be made for collective management societies to enjoy access to each other's economic data and, furthermore, to seek audits with a view to ensuring that reciprocal representation agreements are properly applied and enhancing transparency in their management;

| 57. | Supports the call for the central pooling of the necessary information about the substantive competence of collecting societies, namely, the right-holders represented by them and the rights granted by the latter with regard to management negotiations, and their competence ratione materiae, i.e. the works and other related protected goods; takes the view that this will constitute a further contribution to transparency, legal certainty and practical access to management; |
| --- | --- |

57.

Supports the call for the central pooling of the necessary information about the substantive competence of collecting societies, namely, the right-holders represented by them and the rights granted by the latter with regard to management negotiations, and their competence ratione materiae, i.e. the works and other related protected goods; takes the view that this will constitute a further contribution to transparency, legal certainty and practical access to management;

| 58. | Calls for a legally-binding requirement on the licence-holder to provide relevant information on use; |
| --- | --- |

58.

Calls for a legally-binding requirement on the licence-holder to provide relevant information on use;

| 59. | Calls for the Member States and the Commission to adopt more stringent rules on compliance and supervision of national law on copyright and neighbouring rights, above all in those individual cases in which the corresponding remuneration for the use of the protected works and services is not paid; |
| --- | --- |

59.

Calls for the Member States and the Commission to adopt more stringent rules on compliance and supervision of national law on copyright and neighbouring rights, above all in those individual cases in which the corresponding remuneration for the use of the protected works and services is not paid;

| 60. | Calls on the Commission to monitor implementation of the acquis on authorship law and check that its application complies with Community law; |
| --- | --- |

60.

Calls on the Commission to monitor implementation of the acquis on authorship law and check that its application complies with Community law;

| 61. | Urges the Commission to examine, three years following the adoption of this resolution, whether the desired harmonisation, democratisation and transparency in relation to the management of copyright and neighbouring rights by collective management societies has been achieved and, if not, to take additional measures; |
| --- | --- |

61.

Urges the Commission to examine, three years following the adoption of this resolution, whether the desired harmonisation, democratisation and transparency in relation to the management of copyright and neighbouring rights by collective management societies has been achieved and, if not, to take additional measures;

| 62. | Calls for a binding definition of the subject matter protected, taking into account new audiovisual media and products, provided that they constitute an original, creative effort; |
| --- | --- |

62.

Calls for a binding definition of the subject matter protected, taking into account new audiovisual media and products, provided that they constitute an original, creative effort;

| 63. | Calls, following the example of the MEDIA + programme, for a regulated term for reversion of rights (three years), in particular in the field of television, in order to strengthen independent producers and improve the movement of European works; |
| --- | --- |

63.

Calls, following the example of the MEDIA + programme, for a regulated term for reversion of rights (three years), in particular in the field of television, in order to strengthen independent producers and improve the movement of European works;

| 64. | Instructs its President to forward this resolution to the Council, the Commission and the Member States. |
| --- | --- |

64.

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

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(1)  P5_TA(2003)0221.

(2)  OJ L 122, 17.5.1991, p. 42.

(3)  OJ L 346, 27.11.1992, p. 61.

(4)  OJ L 248, 6.10.1993, p. 15.

(5)  OJ L 290, 24.11.1993, p. 9.

(6)  OJ L 77, 27.3.1996, p. 20.

(7)  OJ L 6, 10.1.2002, p. 70.

(8)  OJ L 272, 13.10.2001, p. 32.

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