# CE2004069EN.01001201.xml

| 19.3.2004 | EN | Official Journal of the European Union | CE 69/12 |
| --- | --- | --- | --- |

19.3.2004

EN

Official Journal of the European Union

CE 69/12

---

MINUTES

(2004/C 69 E/02)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Renzo IMBENI

Vice-President

1.   Opening of sitting

The sitting opened at 09.00.

2.   Documents received

The following documents had been received:

| 1) | from the Council and Commission:







  — | Proposal for 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 (COM(2003) 273 — C5-0255/2003 — 2003/0114(COD))






  referred to | responsible: CULT
  opinion: BUDG, CONT, LIBE |
| --- | --- | --- | --- |
| legal basis: | Articles 149 and 150 EC |

1)

from the Council and Commission:

from the Council and Commission:

—

Proposal for 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 (COM(2003) 273 — C5-0255/2003 — 2003/0114(COD))

referred to

responsible: CULT

opinion: BUDG, CONT, LIBE

legal basis:

Articles 149 and 150 EC

| — | Proposal for a directive of the European Parliament and of the Council on the management of waste from the extractive industries (COM(2003) 319 — C5-0256/2003 — 2003/0107(COD))






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

—

Proposal for a directive of the European Parliament and of the Council on the management of waste from the extractive industries (COM(2003) 319 — C5-0256/2003 — 2003/0107(COD))

referred to

responsible: ENVI

opinion: ITRE

legal basis:

Article 175(1) EC

| — | Proposal for a European Parliament and Council decision establishing a Community action programme to promote bodies active at European level in the field of youth (COM(2003) 272 — C5-0257/2003 — 2003/0113(COD))






  referred to | responsible: CULT
  opinion: BUDG, CONT |
| --- | --- | --- |
| legal basis: | Article 149 EC |

—

Proposal for a European Parliament and Council decision establishing a Community action programme to promote bodies active at European level in the field of youth (COM(2003) 272 — C5-0257/2003 — 2003/0113(COD))

referred to

responsible: CULT

opinion: BUDG, CONT

legal basis:

Article 149 EC

| — | Proposal for a a Council Decision establishing a Committee on monetary, financial and balance of payments statistics (codified version) (COM(2003) 298 — C5-0259/2003 — 2003/0103(CNS))






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

—

Proposal for a a Council Decision establishing a Committee on monetary, financial and balance of payments statistics (codified version) (COM(2003) 298 — C5-0259/2003 — 2003/0103(CNS))

referred to

responsible: JURI

opinion: ECON

| — | Council of the European Union: Initiative of the Hellenic Republic with a view to adopting a Council Regulation on the creation of an immigration liaison officers network (9870/2003 — C5-0260/2003 — 2003/0817(CNS))






  referred to | responsible: LIBE
  opinion: AFET, DEVE |
| --- | --- | --- |
| legal basis: | Articles 63(3) and 66 EC |

—

Council of the European Union: Initiative of the Hellenic Republic with a view to adopting a Council Regulation on the creation of an immigration liaison officers network (9870/2003 — C5-0260/2003 — 2003/0817(CNS))

referred to

responsible: LIBE

opinion: AFET, DEVE

legal basis:

Articles 63(3) and 66 EC

| — | Proposal for a Decision of the European Parliament and of the Council establishing a Community action programme to promote organisations active at European level in the field of equality between men and women (COM(2003) 279 — C5-0261/2003 — 2003/0109(COD))






  referred to | responsible: FEMM
  opinion: BUDG, CONT |
| --- | --- | --- |
| legal basis: | Article 13 EC |

—

Proposal for a Decision of the European Parliament and of the Council establishing a Community action programme to promote organisations active at European level in the field of equality between men and women (COM(2003) 279 — C5-0261/2003 — 2003/0109(COD))

referred to

responsible: FEMM

opinion: BUDG, CONT

legal basis:

Article 13 EC

| — | Opinion of the Commission pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's Common Position regarding the proposal for a Directive of the European Parliament and of the Council on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (COM(2003) 296 — C5-0263/2003 — 2001/0033(COD))






  referred to | responsible: RETT |
| --- | --- | --- |
| legal basis: | Article 71 EC |

—

Opinion of the Commission pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's Common Position regarding the proposal for a Directive of the European Parliament and of the Council on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (COM(2003) 296 — C5-0263/2003 — 2001/0033(COD))

referred to

responsible: RETT

legal basis:

Article 71 EC

| — | Amended proposal for a Regulation of the European Parliament and of the Council on detergents (COM(2003) 306 — C5-0264/2003 — 2002/0216(COD))






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

—

Amended proposal for a Regulation of the European Parliament and of the Council on detergents (COM(2003) 306 — C5-0264/2003 — 2002/0216(COD))

referred to

responsible: ENVI

opinion: ITRE

legal basis:

Article 95 EC

| — | Proposal for transfer of appropriations 14/2003 between Chapters in Section III — Commission — Part B — of the General Budget of the European Union for the financial year 2003 (SEC(2003) 693 — C5-0265/2003 — 2003/2118(GBD))






  referred to | responsible: BUDG |
| --- | --- | --- |

—

Proposal for transfer of appropriations 14/2003 between Chapters in Section III — Commission — Part B — of the General Budget of the European Union for the financial year 2003 (SEC(2003) 693 — C5-0265/2003 — 2003/2118(GBD))

referred to

responsible: BUDG

| — | Proposal for transfer of appropriations 15/2003 between Chapters in Section VII — Committee of the Regions — of the General Budget of the European Union for the financial year 2003 (SEC(2003) 703 — C5-0266/2003 — 2003/2119(GBD))






  referred to | responsible: BUDG |
| --- | --- | --- |

—

Proposal for transfer of appropriations 15/2003 between Chapters in Section VII — Committee of the Regions — of the General Budget of the European Union for the financial year 2003 (SEC(2003) 703 — C5-0266/2003 — 2003/2119(GBD))

referred to

responsible: BUDG

| — | Proposal for transfer of appropriations A.I.1/2003 between Chapters in Section III — Commission — Part A — of the General Budget of the European Union for the financial year 2003 (SEC(2003) 624 — C5-0268/2003 — 2003/2120(GBD))






  referred to | responsible: BUDG |
| --- | --- | --- |

—

Proposal for transfer of appropriations A.I.1/2003 between Chapters in Section III — Commission — Part A — of the General Budget of the European Union for the financial year 2003 (SEC(2003) 624 — C5-0268/2003 — 2003/2120(GBD))

referred to

responsible: BUDG

| — | Amended proposal for a Council Regulation creating a European enforcement order for uncontested claims (COM(2003) 341 — C5-0269/2003 — 2002/0090(COD))






  referred to | responsible: JURI |
| --- | --- | --- |
| legal basis: | Article 61 EC |

—

Amended proposal for a Council Regulation creating a European enforcement order for uncontested claims (COM(2003) 341 — C5-0269/2003 — 2002/0090(COD))

referred to

responsible: JURI

legal basis:

Article 61 EC

| — | Opinion of the Commission pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's Common Position regarding the proposal for a Regulation of the European Parliament and of the Council on the transboundary movement of genetically modified organisms (COM(2003) 360 — C5-0270/2003 — 2002/0046(COD))






  referred to | responsible: ENVI
  opinion: AGRI |
| --- | --- | --- |
| legal basis: | Article 175(1) EC |

—

Opinion of the Commission pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's Common Position regarding the proposal for a Regulation of the European Parliament and of the Council on the transboundary movement of genetically modified organisms (COM(2003) 360 — C5-0270/2003 — 2002/0046(COD))

referred to

responsible: ENVI

opinion: AGRI

legal basis:

Article 175(1) EC

| — | Proposal for a Directive of the European Parliament and of the Council amending Council Directive 92/24/EEC relating to speed limitation devices or similar speed limitation on-board systems of certain categories of motor vehicles (COM(2003) 350 — C5-0272/2003 — 2003/0122(COD))






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

—

Proposal for a Directive of the European Parliament and of the Council amending Council Directive 92/24/EEC relating to speed limitation devices or similar speed limitation on-board systems of certain categories of motor vehicles (COM(2003) 350 — C5-0272/2003 — 2003/0122(COD))

referred to

responsible: RETT

opinion: JURI, ITRE

legal basis:

Article 95 EC

| — | Proposal for a Regulation of the European Parliament and of the Council on persistent organic pollutants and amending Directives 79/117/EEC and 96/59/EC (COM(2003) 333 — C5-0273/2003 — 2003/0119(COD))






  referred to | responsible: ENVI
  opinion: JURI, ITRE |
| --- | --- | --- |
| legal basis: | Articles 91(1) and 175(1) EC |

—

Proposal for a Regulation of the European Parliament and of the Council on persistent organic pollutants and amending Directives 79/117/EEC and 96/59/EC (COM(2003) 333 — C5-0273/2003 — 2003/0119(COD))

referred to

responsible: ENVI

opinion: JURI, ITRE

legal basis:

Articles 91(1) and 175(1) EC

| 2) | from committees:







  — | Report on the Commission communication to the Council and the European Parliament on an open method of coordination for the Community immigration policy (COM(2001) 387 — C5-0337/2002 — 2002/2181 (COS)) and on the Commission communication to the Council and the European Parliament on integrating migration issues in the European Union's relations with third countries (COM(2002) 703 — C5-0233/2003 — 2002/2181(COS)) — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.
  Rapporteur: Anna Terrón i Cusí
  (A5-0224/2003). |
| --- | --- | --- |

2)

from committees:

from committees:

—

Report on the Commission communication to the Council and the European Parliament on an open method of coordination for the Community immigration policy (COM(2001) 387 — C5-0337/2002 — 2002/2181 (COS)) and on the Commission communication to the Council and the European Parliament on integrating migration issues in the European Union's relations with third countries (COM(2002) 703 — C5-0233/2003 — 2002/2181(COS)) — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Anna Terrón i Cusí

(A5-0224/2003).

3.   Additives in animal nutrition ***II (debate)

(debate)

Recommendation for second reading on the common position of the Council with a view to adopting a regulation of the European Parliament and of the Council on additives for use in animal nutrition [15776/2/2002 — C5-0132/2003 — 2002/0073(COD)] — Committee on Agriculture and Rural Development.

Rapporteur: Hedwig Keppelhoff-Wiechert

(A5-0176/2003).

Hedwig Keppelhoff-Wiechert introduced the recommendation for second reading.

David Byrne (Member of the Commission) spoke.

The following spoke: Heinz Kindermann, on behalf of the PSE Group, Christel Fiebiger, on behalf of the GUE/NGL Group, Friedrich-Wilhelm Graefe zu Baringdorf, on behalf of the Verts/ALE Group, Liam Hyland, on behalf of the UEN Group, Jeffrey William Titford, on behalf of the EDD Group, Dominique F.C. Souchet, Non-attached Member, and Rijk van Dam.

The debate closed.

Vote: Item 16.

Item 16

4.   Fisheries resources in the Mediterranean (debate)

(debate)

Report on the communication from the Commission to the Council and the European Parliament laying down a Community Action Plan for the conservation and sustainable exploitation of fisheries resources in the Mediterranean Sea under the Common Fisheries Policy [COM(2002) 535 — C5-0623/2002 — 2002/2281(INI)] — Committee on Fisheries.

Rapporteur: Giorgio Lisi

(A5-0171/2003).

Giorgio Lisi introduced the report.

David Byrne (Member of the Commission) spoke.

The following spoke: Rosa Miguélez Ramos, on behalf of the PSE Group, Ilda Figueiredo, on behalf of the GUE/NGL Group, Yves Piétrasanta, on behalf of the Verts/ALE Group, Sebastiano (Nello) Musumeci, on behalf of the UEN Group, Struan Stevenson, Carlos Lage and Miquel Mayol i Raynal.

The debate closed.

Vote: Item 11.

Item 11

(The sitting was suspended at 10.10 pending voting time and resumed at 11.00.)

(The sitting was suspended at 10.10 pending voting time and resumed at 11.00.)

IN THE CHAIR: James L.C. PROVAN

Vice-President

Nelly Maes deplored the fact that opponents of the Iranian regime in various countries were setting fire to themselves at the time when an official Iranian delegation was being received by Parliament. She requested confirmation that Parliament's position is to support those defending human rights in Iran (the President noted these remarks).

5.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

VOTING TIME

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

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

6.   Slot allocation at Community airports ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a regulation of the European Parliament and of the Council amending the amended proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (COM(2003) 207 — C5-0186/2003 — 2001/0140(COD)).

Rapporteur: Luciano Caveri (A5-0222/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 1)

(Voting record: Annex I, Item 1)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0276).

(P5_TA(2003)0276)

| — | Johannes (Hans) Blokland requested prior to the vote that, since the text of the report had not been made available until a late stage, the vote be postponed until the next part-session (the President replied that the simplified procedure had been approved by the political groups at the Conference of Presidents). |
| --- | --- |

—

Johannes (Hans) Blokland requested prior to the vote that, since the text of the report had not been made available until a late stage, the vote be postponed until the next part-session (the President replied that the simplified procedure had been approved by the political groups at the Conference of Presidents).

7.   Zoonoses and zoonotic agents ***II (Rule 110a) (vote)

(Rule 110a) (vote)

Recommendation for second reading on the common position of the Council with a view to adopting a directive of the European Parliament and of the Council on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC [14856/1/2002 — C5-0084/2003 — 2001/0176(COD)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Marit Paulsen (A5-0194/2003).

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 2)

(Voting record: Annex I, Item 2)

COMMON POSITION OF THE COUNCIL

Declared approved (P5_TA(2003)0277).

(P5_TA(2003)0277)

8.   Protection of animals used for scientific purposes ***II (Rule 110a) (vote)

(Rule 110a) (vote)

Recommendation for second reading on the common position of the Council with a view to adopting a directive of the European Parliament and of the Council amending Council Directive 86/609/EEC on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes [5240/1/2003 — C5-0134/2003 — 2001/0277(COD)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Caroline F. Jackson (A5-0185/2003).

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 3)

(Voting record: Annex I, Item 3)

COMMON POSITION OF THE COUNCIL

Declared approved (P5_TA(2003)0278).

(P5_TA(2003)0278)

9.   Community statistics on science and technology ***II (in the form of a letter) (vote)

(in the form of a letter) (vote)

Recommendation for second reading (in the form of a letter): on the common position of the Council with a view to adopting a decision of the European Parliament and of the Council concerning the production and development of Community statistics on science and technology [14089/1/2002 — C5-0130/2003 — 2001/0197(COD)] — Committee on Industry, External Trade, Research and Energy.

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 4)

(Voting record: Annex I, Item 4)

COMMON POSITION OF THE COUNCIL

Declared approved (P5_TA(2003)0279).

(P5_TA(2003)0279)

10.   Visas for Olympic athletes * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on a proposal for a Council Regulation relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2004 Olympic and/or Paralympic Games in Athens [COM(2003) 172 — C5-0181/2003 — 2003/0061(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Marjo Matikainen-Kallström (A5-0211/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 5)

(Voting record: Annex I, Item 5)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0280).

(P5_TA(2003)0280)

11.   Fisheries resources in the Mediterranean (vote)

(vote)

Report on the Communication from the Commission to the Council and the European Parliament on a Community action plan for the conservation and sustainable exploitation of fisheries resources in the Mediterranean as part of the common fisheries policy [COM(2002) 535 — C5-0623/2002 — 2002/2281(INI)] — Committee on Fisheries.

Rapporteur: Giorgio Lisi (A5-0171/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 6)

(Voting record: Annex I, Item 6)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0281).

(P5_TA(2003)0281)

12.   Structural Funds (2001) (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the thirteenth annual Commission Report on the Structural Funds (2001) [COM(2002) 591 — C5-0023/2003 — 2003/2019(INI)] — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Helmuth Markov (A5-0186/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 7)

(Voting record: Annex I, Item 7)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2003)0282).

(P5_TA(2003)0282)

13.   Cohesion Fund (2001) (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the Commission's Annual Report on the Cohesion Fund (2001) [COM(2002) 557 — C5-0024/2003 — 2003/2020(INI)] — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Dana Rosemary Scallon (A5-0184/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 8)

(Voting record: Annex I, Item 8)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2003)0283).

(P5_TA(2003)0283)

14.   Control of salmonella and other food-borne zoonotic agents ***II (vote)

(vote)

Recommendation for second reading on the common positionof the Council with a view to adopting a regulation of the European Parliament and of the Council on the control of salmonella and other food-borne zoonotic agents [14857/1/2002 — C5-0083/2003 — 2001/0177(COD)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Marit Paulsen (A5-0195/2003).

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 9)

(Voting record: Annex I, Item 9)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P5_TA(2003)0284).

(P5_TA(2003)0284)

| — | prior to the vote, the rapporteur put a question to the Commission to which David Byrne (Member of the Commission) replied. |
| --- | --- |

—

prior to the vote, the rapporteur put a question to the Commission to which David Byrne (Member of the Commission) replied.

15.   Major-accident hazards involving dangerous substances ***II (vote)

(vote)

Recommendation for second reading on the common position of the Council with a view to adopting a directive of the European Parliament and of the Council amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances [14054/1/2002 — C5-0085/2003 — 2001/0257(COD)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Giorgio Lisi (A5-0198/2003).

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 10)

(Voting record: Annex I, Item 10)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P5_TA(2003)0285).

(P5_TA(2003)0285)

16.   Additives in animal nutrition ***II (vote)

(vote)

Recommendation for second reading on the common position of the Council with a view to adopting a regulation of the European Parliament and of the Council on additives for use in animal nutrition [15776/2/2002 — C5-0132/2003 — 2002/0073(COD)] — Committee on Agriculture and Rural Development.

Rapporteur: Hedwig Keppelhoff-Wiechert (A5-0176/2003).

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 11)

(Voting record: Annex I, Item 11)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P5_TA(2003)0286).

(P5_TA(2003)0286)

17.   Draft Amending Budget No 1/2003 (amendments) (vote)

(amendments) (vote)

Draft Amending Budget No 1/2003

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 12)

(Voting record: Annex I, Item 12)

AMENDMENT 2 adopted (P5_TA(2003)0287)

(P5_TA(2003)0287)

(Amendment 1 cancelled).

18.   Draft Amending Budget No 1/2003 (resolution) (vote)

(resolution) (vote)

Report on Draft Amending Budget No 1 of the European Union for the 2003 financial year [8125/2003 — C5-0059/2003 — 2003/2031(BUD)] — Committee on Budgets.

Rapporteur: Göran Färm (A5-0173/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 13)

(Voting record: Annex I, Item 13)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0288).

(P5_TA(2003)0288)

19.   Statute and financing of European political parties ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council regulation on the statute and financing of European political parties [COM(2003) 77 — C5-0059/2003 — 2003/0039(COD)] — Committee on Constitutional Affairs.

Rapporteur: Jo Leinen (A5-0170/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 14)

(Voting record: Annex I, Item 14)

COMMISSION PROPOSAL

Approved as amended P5_TA(2003)0289).

P5_TA(2003)0289)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0289).

(P5_TA(2003)0289)

Prior to the vote, the rapporteur spoke on the amendments and compromise amendments and pointed out the need to check the accuracy of the compromise amendments in all the language versions;

José Ribeiro e Castro disputed that the compromise amendments tabled were really compromise amendments within the meaning of Rule 130(4);

The President obtained the agreement of Parliament before putting such amendments to the vote.

Pervenche Berès pointed out a translation error in amendment 34.

After the vote, the rapporteur congratulated all those involved on the result of the vote.

20.   Staff Regulations of officials and other servants of the European Communities * (vote)

(vote)

Report on the proposal for a legislative resolution in the report [COM(2002) 213 — C5-0262/2002 — 2002/0100(CNS)] — Committee on Legal Affairs and the Internal Market.

Rapporteurs: Malcolm Harbour and Manuel Medina Ortega (A5-0069/2003).

(The vote on the Commission proposal had taken place on 27 March 2003(Item 3 of that day's Minutes) and the matter had been referred back to the committee responsible for reconsideration, pursuant to Rule 69(2)).

(Item 3 of that day's Minutes)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 15)

(Voting record: Annex I, Item 15)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0290).

(P5_TA(2003)0290)

| — | prior to the vote, Malcolm Harbour and Manuel Medina Ortega, co-rapporteurs, spoke. |
| --- | --- |

—

prior to the vote, Malcolm Harbour and Manuel Medina Ortega, co-rapporteurs, spoke.

21.   Transatlantic partnership (vote)

(vote)

Motion for a resolution (B5-0319/2003)

(The motion for a resolution (B5-0284/2003) had been withdrawn)

(The debate took place on 4 June 2003(Item 21 of that day's Minutes).

(Item 21 of that day's Minutes).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 16)

(Voting record: Annex I, Item 16)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0291).

(P5_TA(2003)0291)

The following spoke:

The following spoke:

| — | Harlem Désir pointed out a translation error in paragraph 5 of the French version. |
| --- | --- |

—

Harlem Désir pointed out a translation error in paragraph 5 of the French version.

| — | Johannes (Hannes) Swoboda proposed an oral amendment to insert a new paragraph 15a.
  Arie M. Oostlander supported this oral amendment.
  There were no objections to the oral amendment which was thus incorporated. |
| --- | --- |

—

Johannes (Hannes) Swoboda proposed an oral amendment to insert a new paragraph 15a.

Arie M. Oostlander supported this oral amendment.

There were no objections to the oral amendment which was thus incorporated.

| — | Arie M. Oostlander proposed an oral amendment to paragraph 20.
  There were no objections to the oral amendment which was thus incorporated. |
| --- | --- |

—

Arie M. Oostlander proposed an oral amendment to paragraph 20.

There were no objections to the oral amendment which was thus incorporated.

22.   Community immigration policy (vote)

(vote)

Report on the Commission communication to the Council and the European Parliament on an open method of coordination for the Community immigration policy and on the Commission to the Council and the European Parliament on integrating migration issues in the European Union's relations with third countries (COM(2002) 703 — C5-0233/2003 — 2002/2181(COS)) — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Anna Terrón i Cusí (A5-0224/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 17)

(Voting record: Annex I, Item 17)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0292).

(P5_TA(2003)0292)

| — | the rapporteur spoke after the vote. |
| --- | --- |

—

the rapporteur spoke after the vote.

23.   Illegal trade in light weapons (vote)

(vote)

Motions for resolution (B5-0312, 0313, 0314, 0315, 0316 and 0317/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 18)

(Voting record: Annex I, Item 18)

JOINT MOTION FOR A RESOLUTION RC-B5-0312/2003/rev. 2

(replacing B5-0312, 0313, 0314, 0315, 0316 and 0317/2003):

tabled by the following Members:

| — | Philippe Morillon and Karl von Wogau, on behalf of the PPE-DE Group, |
| --- | --- |

—

Philippe Morillon and Karl von Wogau, on behalf of the PPE-DE Group,

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

—

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

| — | Johan Van Hecke and Bob van den Bos, on behalf of the ELDR Group, |
| --- | --- |

—

Johan Van Hecke and Bob van den Bos, on behalf of the ELDR Group,

| — | Pernille Frahm and Luisa Morgantini, on behalf of the GUE/NGL Group, |
| --- | --- |

—

Pernille Frahm and Luisa Morgantini, on behalf of the GUE/NGL Group,

| — | Patricia McKenna, Nelly Maes and Elisabeth Schroedter, on behalf of the Verts/ALE Group, |
| --- | --- |

—

Patricia McKenna, Nelly Maes and Elisabeth Schroedter, on behalf of the Verts/ALE Group,

| — | Ulla Margrethe Sandbæk, on behalf of the EDD Group. |
| --- | --- |

—

Ulla Margrethe Sandbæk, on behalf of the EDD Group.

Adopted (P5_TA(2003)0293).

(P5_TA(2003)0293)

24.   Energy cooperation with the developing countries (vote)

(vote)

Report on Energy cooperation with the developing countries [2002/2244(INI)] — Committee on Development and Cooperation.

Rapporteur: Anders Wijkman (A5-0196/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 19)

(Voting record: Annex I, Item 19)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0294).

(P5_TA(2003)0294)

| — | The rapporteur proposed an oral amendment to amendment 6. |
| --- | --- |

—

The rapporteur proposed an oral amendment to amendment 6.

There were no objections to the oral amendment which was thus incorporated.

25.   Conservation and protection of the marine environment (vote)

(vote)

Report on the Commission communication: ‘Towards a strategy to protect and conserve the marine environment’ [COM(2002) 539 — 2003/2065(INI)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Laura González Álvarez (A5-0158/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 20)

(Voting record: Annex I, Item 20)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0295).

(P5_TA(2003)0295)

26.   ISPA (2001) (vote)

(vote)

Report on the Commission's Annual Report of the Instrument for Structural Policy for Pre-accession (ISPA) 2001 [COM(2002) 596 — C5-0025/2003 — 2003/2021(INI)] — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Adriana Poli Bortone (A5-0199/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 21)

(Voting record: Annex I, Item 21)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0296).

(P5_TA(2003)0296)

27.   Reduction in discards of fish (vote)

(vote)

Report on a Community action plan to reduce discards of fish [COM(2002) 656 — C5-0072/2003 — 2003/2036(INI)] — Committee on Fisheries.

Rapporteur: Niels Busk (A5-0163/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 22)

(Voting record: Annex I, Item 22)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0297).

(P5_TA(2003)0297)

28.   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.

29.   Corrections to votes

Corrections to votes were submitted by the following Members:

Corrections to votes were submitted by the following Members:

Recommendation for second reading: Marit Paulsen — A5-0195/2003

| — | amendments, block 1

  for: Claude Turmes, Florence Kuntz |
| --- | --- |

—

amendments, block 1

for: Claude Turmes, Florence Kuntz

for:

Report: Leinen — A5-0170/2003

| — | amendment 41

  for: Ilda Figueiredo, Paul Coûteaux

  against: Fausto Bertinotti, Kathleen Van Brempt, Claude Turmes, Marcelino Oreja Arburúa |
| --- | --- |

—

amendment 41

for: Ilda Figueiredo, Paul Coûteaux

for:

against: Fausto Bertinotti, Kathleen Van Brempt, Claude Turmes, Marcelino Oreja Arburúa

against:

| — | amendment 34

  for: Ilda Figueiredo, Michel Rocard, Marie-Arlette Carlotti, Martine Roure

  against: Christa Prets, Eryl Margaret McNally, Roy Perry

  abstention: Michel J.M. Dary |
| --- | --- |

—

amendment 34

for: Ilda Figueiredo, Michel Rocard, Marie-Arlette Carlotti, Martine Roure

for:

against: Christa Prets, Eryl Margaret McNally, Roy Perry

against:

abstention: Michel J.M. Dary

abstention:

| — | compromise amendment 52

  for: Johanna L.A. Boogerd-Quaak, Ria G.H.C. Oomen-Ruijten, Renate Sommer

  against: Yves Butel, Anne Ferreira, Alima Boumediene-Thiery, Marie Anne Isler Béguin, Yves Piétrasanta

  abstention: Hans-Peter Martin |
| --- | --- |

—

compromise amendment 52

for: Johanna L.A. Boogerd-Quaak, Ria G.H.C. Oomen-Ruijten, Renate Sommer

for:

against: Yves Butel, Anne Ferreira, Alima Boumediene-Thiery, Marie Anne Isler Béguin, Yves Piétrasanta

against:

abstention: Hans-Peter Martin

abstention:

| — | legislative resolution

  for: Konrad K. Schwaiger, John Walls Cushnahan, Jorge Salvador Hernández Mollar, Monica Frassoni, Marie-Hélène Descamps, Concepció Ferrer, Guido Bodrato, Mario Clemente Mastella, Karl-Heinz Florenz and Christoph Werner Konrad

  against: Ward Beysen

  abstentions: Fausto Bertinotti, Luisa Morgantini
  Reinhard Rack was present but did not take part in the vote on the Leinen report (A5-0170/2003). |
| --- | --- |

—

legislative resolution

for: Konrad K. Schwaiger, John Walls Cushnahan, Jorge Salvador Hernández Mollar, Monica Frassoni, Marie-Hélène Descamps, Concepció Ferrer, Guido Bodrato, Mario Clemente Mastella, Karl-Heinz Florenz and Christoph Werner Konrad

for:

against: Ward Beysen

against:

abstentions: Fausto Bertinotti, Luisa Morgantini

abstentions:

Reinhard Rack was present but did not take part in the vote on the Leinen report (A5-0170/2003).

Motion for a resolution: B5-0319/2003 (Transatlantic partnership)

| — | amendment 8

  for: Pervenche Berès

  against: Othmar Karas, Helle Thorning-Schmidt |
| --- | --- |

—

amendment 8

for: Pervenche Berès

for:

against: Othmar Karas, Helle Thorning-Schmidt

against:

Report: Terrón i Cusí — A5-0224/2003

| — | paragraph 29, 2nd part

  for: Anders Wijkman, Neena Gill, Concepció Ferrer

  against: Dirk Sterckx |
| --- | --- |

—

paragraph 29, 2nd part

for: Anders Wijkman, Neena Gill, Concepció Ferrer

for:

against: Dirk Sterckx

against:

Report: Wijkman — A5-0196/2003

| — | resolution (as a whole)

  for: Torben Lund |
| --- | --- |

—

resolution (as a whole)

for: Torben Lund

for

END OF VOTING TIME

30.   Membership of committees

At the request of the ELDR and Verts/ALE Groups, Parliament ratified the following appointments of observers within committees:

| — | ENVI Committee: Marios Matsakis to replace Andis Käposts; |
| --- | --- |

—

ENVI Committee: Marios Matsakis to replace Andis Käposts;

| — | AGRI Committee: Andis Käposts to replace Marios Matsakis. |
| --- | --- |

—

AGRI Committee: Andis Käposts to replace Marios Matsakis.

31.   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 amending Regulation (EC) No 1210/90 as regards the budgetary and financial rules applicable to the European Environment Agency and the European Environment Information and Observation Network and access to the Agency's documents (C5-0274/2003 — 2002/0169(COD) — SEC(2003) 718 — 8239/1/2003 — 9307/2003)






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

—

Common position adopted by the Council with a view to adopting a regulation of the European Parliament and of the Council amending Regulation (EC) No 1210/90 as regards the budgetary and financial rules applicable to the European Environment Agency and the European Environment Information and Observation Network and access to the Agency's documents (C5-0274/2003 — 2002/0169(COD) — SEC(2003) 718 — 8239/1/2003 — 9307/2003)

referred to

responsible: BUDG

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

| — | Common position adopted by the Council with a view to adopting a regulation of the European Parliament and of the Council amending Regulation (EC) No 178/2002 as regards the budgetary and financial rules applicable to the European Food Safety Agency and access to the Agency's documents (C5-0275/2003 — 2002/0179(COD) — SEC(2003) 718 — 8240/1/2003 — 9308/2003)






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

—

Common position adopted by the Council with a view to adopting a regulation of the European Parliament and of the Council amending Regulation (EC) No 178/2002 as regards the budgetary and financial rules applicable to the European Food Safety Agency and access to the Agency's documents (C5-0275/2003 — 2002/0179(COD) — SEC(2003) 718 — 8240/1/2003 — 9308/2003)

referred to

responsible: BUDG

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

| — | Common position adopted by the Council with a view to adopting a regulation of the European Parliament and of the Council amending Regulation (EC) of the European Parliament and of the Council concerning common rules in the field of civil aviation and creating a European Aviation Safety Agency (C5-0276/2003 — 2002/0181(COD) — SEC(2003) 718 — 8241/1/2003 — 9309/2003)






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

—

Common position adopted by the Council with a view to adopting a regulation of the European Parliament and of the Council amending Regulation (EC) of the European Parliament and of the Council concerning common rules in the field of civil aviation and creating a European Aviation Safety Agency (C5-0276/2003 — 2002/0181(COD) — SEC(2003) 718 — 8241/1/2003 — 9309/2003)

referred to

responsible: BUDG

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

| — | Common position adopted by the Council with a view to adopting a regulation of the European Parliament and of the Council amending Regulation (EC) of the European Parliament and of the Council setting up a European Maritime Safety Agency (C5-0277/2003 — 2002/0182(COD) — SEC(2003) 718 — 8242/1/2003 — 9310/2003)






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

—

Common position adopted by the Council with a view to adopting a regulation of the European Parliament and of the Council amending Regulation (EC) of the European Parliament and of the Council setting up a European Maritime Safety Agency (C5-0277/2003 — 2002/0182(COD) — SEC(2003) 718 — 8242/1/2003 — 9310/2003)

referred to

responsible: BUDG

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

| — | Common position adopted by the Council with a view to adopting a directive of the European Parliament and of the Council on the safety of third countries aircraft using community airports (C5-0278/2003 — 2002/0014(COD) — SEC(2003) 717 — 8478/1/2003 — 10068/2003)






  referred to | responsible: RETT
  asked for opinion at first reading: BUDG, ENVI, 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 safety of third countries aircraft using community airports (C5-0278/2003 — 2002/0014(COD) — SEC(2003) 717 — 8478/1/2003 — 10068/2003)

referred to

responsible: RETT

asked for opinion at first reading: BUDG, ENVI, JURI, LIBE

The three-month period available to Parliament to adopt its position would therefore begin the following day, 20 June 2003.

32.   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.

33.   Dates for next sittings

The next sittings would be held from 30 June 2003 to 3 July 2003.

34.   Adjournment of session

The session of the European Parliament was adjourned.

The sitting closed at 12.10.

Julian Priestley

Secretary-General

Pat Cox

President

---

ATTENDANCE REGISTER

The following signed:

Aaltonen, Abitbol, Adam, Ainardi, Alavanos, Almeida Garrett, Andersen, Andersson, Andreasen, André-Léonard, Andrews, Andria, Aparicio Sánchez, Arvidsson, Atkins, Attwooll, Auroi, Averoff, Avilés Perea, Ayuso González, Bakopoulos, Balfe, Baltas, Banotti, Barón Crespo, Bartolozzi, Bastos, Bautista Ojeda, Bayona de Perogordo, Beazley, Belder, Berenguer Fuster, Berès, van den Berg, Berger, Berlato, Bernié, Berthu, Bertinotti, Beysen, Bigliardo, Blak, Blokland, Bodrato, Böge, Bösch, Boogerd-Quaak, Booth, Borghezio, van den Bos, Boselli, Boudjenah, Boumediene-Thiery, Bourlanges, Bouwman, Bowe, Bowis, Bradbourn, Breyer, Brie, Brunetta, Buitenweg, Bullmann, van den Burg, Bushill-Matthews, Busk, Butel, Callanan, Camisón Asensio, Camre, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Caudron, Caullery, Cederschiöld, Celli, Cercas, Cerdeira Morterero, Ceyhun, Chichester, Philip Claeys, Clegg, Cocilovo, Coelho, Cohn-Bendit, Collins, Colom i Naval, Corbett, Corbey, Cornillet, Raffaele Costa, Coûteaux, Cox, Cunha, Cushnahan, van Dam, Damião, Dary, Daul, Davies, Decourrière, Dehousse, De Keyser, Dell'Alba, Della Vedova, De Mita, Deprez, De Rossa, De Sarnez, Descamps, Désir, Deva, De Veyrac, Dhaene, Díez González, Di Lello Finuoli, Dillen, Dimitrakopoulos, Doorn, Dover, Doyle, Dührkop Dührkop, Duhamel, Duin, Dupuis, Ebner, Echerer, Elles, Esclopé, Ettl, Jillian Evans, Robert J.E. Evans, Fatuzzo, Ferber, Fernández Martín, Ferreira, Ferrer, Ferri, Fiebiger, Figueiredo, Fiori, Fitzsimons, Flautre, Flesch, Ford, Foster, Fourtou, Frahm, Fraisse, Fruteau, Gahler, Galeote Quecedo, Garaud, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garot, Garriga Polledo, Gasòliba i Böhm, de Gaulle, Gawronski, Gebhardt, Gemelli, Ghilardotti, Gill, Gillig, Gil-Robles Gil-Delgado, Glante, Goepel, Görlach, Gollnisch, Gomolka, González Álvarez, Goodwill, Gorostiaga Atxalandabaso, Graefe zu Baringdorf, Graça Moura, Gröner, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Guy-Quint, Hänsch, Hager, Hannan, Hansenne, Harbour, Hatzidakis, Haug, Hazan, Heaton-Harris, Hedkvist Petersen, Helmer, Hermange, Hernández Mollar, Herranz García, Herzog, Hieronymi, Honeyball, Hortefeux, Howitt, Hudghton, Hughes, Huhne, van Hulten, Hume, Hyland, Iivari, Ilgenfritz, Imbeni, Inglewood, Isler Béguin, Izquierdo Collado, Izquierdo Rojo, Jarzembowski, Jeggle, Jensen, Jöns, Jonckheer, Jové Peres, Junker, Karamanou, Karas, Karlsson, Katiforis, Kaufmann, Kauppi, Keppelhoff-Wiechert, Keßler, Khanbhai, Kindermann, Glenys Kinnock, Klamt, Klaß, Knolle, Koch, Konrad, Korakas, Korhola, Koukiadis, Koulourianos, Krarup, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Kronberger, Kuckelkorn, Kuhne, Kuntz, Lage, Lagendijk, Lalumière, Lambert, Lang, Lange, Langen, Lannoye, Laschet, Lechner, Lehne, Leinen, Linkohr, Lipietz, Lisi, Lombardo, Ludford, Lulling, Lund, Lynne, Maat, Maaten, McAvan, McCarthy, McCartin, MacCormick, McKenna, McMillan-Scott, McNally, Maes, Maij-Weggen, Malliori, Manders, Manisco, Erika Mann, Thomas Mann, Mantovani, Marchiani, Marinho, Marini, Markov, Marques, Martens, Hans-Peter Martin, Hugues Martin, Martinez, Martínez Martínez, Mastella, Mastorakis, Mathieu, Matikainen-Kallström, Mauro, Hans-Peter Mayer, Xaver Mayer, Mayol i Raynal, Medina Ortega, Meijer, Méndez de Vigo, Mendiluce Pereiro, Menéndez del Valle, Mennitti, Menrad, Messner, Miguélez Ramos, Miller, Miranda, Modrow, Mombaur, Monsonís Domingo, Montfort, Moraes, Moreira Da Silva, Morgantini, Morillon, Emilia Franziska Müller, Müller, Mulder, Murphy, Musotto, Musumeci, Myller, Napoletano, Naranjo Escobar, Nassauer, Newton Dunn, Nicholson, Niebler, Nisticò, Nordmann, Obiols i Germà, Ojeda Sanz, Olsson, Ó Neachtain, Onesta, Oomen-Ruijten, Oostlander, Oreja Arburúa, Ortuondo Larrea, Paciotti, Pack, Paisley, Pannella, Papayannakis, Parish, Pasqua, Pastorelli, Patakis, Patrie, Paulsen, Pérez Álvarez, Roy Perry, Pesälä, Pex, Piecyk, Piétrasanta, Pirker, Piscarreta, Pisicchio, Pittella, Plooij-van Gorsel, Podestà, Pohjamo, Poignant, Pomés Ruiz, Poos, Prets, Procacci, Pronk, Provan, Puerta, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Randzio-Plath, Rapkay, Raymond, Read, Ribeiro e Castro, Ries, Riis-Jørgensen, Ripoll y Martínez de Bedoya, Rocard, Rod, Rodríguez Ramos, de Roo, Rothe, Roure, Rovsing, Rübig, Rühle, Rutelli, Sacconi, Sacrédeus, Saint-Josse, Sakellariou, Salafranca Sánchez-Neyra, Sandberg-Fries, Sandbæk, Sanders-ten Holte, Santini, dos Santos, Sauquillo Pérez del Arco, Sbarbati, Scarbonchi, Schaffner, Scheele, Schleicher, Herman Schmid, Olle Schmidt, Schmitt, Schnellhardt, Schörling, Ilka Schröder, Jürgen Schröder, Schroedter, Schulz, Schwaiger, Seppänen, Simpson, Sjöstedt, Skinner, Smet, Sörensen, Sommer, Sornosa Martínez, Souchet, Souladakis, Sousa Pinto, Staes, Stenmarck, Sterckx, Stevenson, Stihler, Stirbois, Stockton, Sudre, Sumberg, Suominen, Swiebel, Swoboda, Sørensen, Terrón i Cusí, Theato, Theorin, Thomas-Mauro, Thorning-Schmidt, Thors, Thyssen, Titford, Titley, Torres Marques, Trakatellis, Trentin, Tsatsos, Turchi, Turco, Turmes, Vachetta, Väyrynen, Vairinhos, Valdivielso de Cué, Valenciano Martínez-Orozco, Vallvé, Van Brempt, Van Hecke, Van Orden, Varela Suanzes-Carpegna, Vattimo, Veltroni, Vermeer, de Veyrinas, Vidal-Quadras Roca, Virrankoski, Voggenhuber, Volcic, Wachtmeister, Wallis, Walter, Watts, Weiler, Wenzel-Perillo, Whitehead, Wieland, Wiersma, Wijkman, von Wogau, Wuori, Wynn, Zabell, Zacharakis, Zappalà, Zimeray, Zimmerling, Zissener, Zorba, Zrihen

Observers:

Bastys Mindaugas, Bielan Adam, Bobelis Kazys Jaunutis, Brejc Mihael, Chronowski Andrzej, Ciemniak Grażyna, Cybulski Zygmunt, Czinege Imre, Drzężla Bernard, Ékes József, Fazakas Szabolcs, Gawłowski Andrzej, Germič Ljubo, Gruber Attila, Grzebisz-Nowicka Zofia, Gurmai Zita, Gyürk András, Holáň Vilém, Kalisz Ryszard, Kelemen András, Kiršteins Aleksandrs, Kłopotek Eugeniusz, Klukowski Wacław, Konečná Kateřina, Kósa Kovács Magda, Kowalska Bronisława, Kreitzberg Peeter, Kriščiūnas Kęstutis, Kroupa Daniel, Kuzmickas Kęstutis, Kvietkauskas Vytautas, Lachnit Petr, Laštůvka Vladimír, Lewandowski Janusz Antoni, Lisak Janusz, Litwiniec Bogusław, Lydeka Arminas, Maldeikis Eugenijus, Mallotová Helena, Manninger Jenő, Maštálka Jiří, Matsakis Marios, Attard-Montalto John, Oleksy Józef, Őry Csaba, Pasternak Agnieszka, Peterle Alojz, Pieniążek Jerzy, Plokšto Artur, Podgórski Bogdan, Pospíšil Jiří, Protasiewicz Jacek, Rouček Libor, Rutkowski Krzysztof, Savi Toomas, Sefzig Luděk, Smorawiński Jerzy, Surján László, Szájer József, Szczygło Aleksander, Tabajdi Csaba, Valys Antanas, Vareikis Egidijus, Vėsaitė Birutė, Veteška Viliam, Wenderlich Jerzy, Widuch Marek, Wikiński Marek, Wittbrodt Edmund, Wojciechowski Janusz, Żenkiewicz Marian,

---

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.   Slot allocation at Community airports ***I

Report: CAVERI (A5-0222/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

2.   Zoonoses and zoonotic agents ***II

Recommendation for second reading: PAULSEN (A5-0194/2003)

| Subject | RCV/EV — remarks |
| --- | --- |
| approval without vote | declared approved |

Subject

RCV/EV — remarks

approval without vote

declared approved

3.   Protection of animals used for scientific purposes ***II

Recommendation for second reading: JACKSON (A5-0185/2003)

| Subject | RCV/EV — remarks |
| --- | --- |
| approval without vote | declared approved |

Subject

RCV/EV — remarks

approval without vote

declared approved

4.   Community statistics on science and technology ***II

Recommendation for second reading (in the form of a letter): NISTICO (C5-0130/2003)

| Subject | RCV/EV — remarks |
| --- | --- |
| approval without vote | declared approved |

Subject

RCV/EV — remarks

approval without vote

declared approved

5.   Visas for Olympic athletes *

Report: MATIKAINEN-KALLSTRÖM (A5-0211/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

6.   Fisheries resources in the Mediterranean

Report: LISI (A5-0171/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

7.   Structural Funds (2001)

Report: MARKOV (A5-0186/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

8.   Cohesion Fund (2001)

Report: SCALLON (A5-0184/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

9.   Control of salmonella and other food-borne zoonotic agents ***II

Recommendation for second reading: PAULSEN (A5-0195/2003)

| Amendment subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| text as a whole | block 1 | committee + 5 political groups | RCV | + | 473, 3, 6 |
| block 2 | committee | | - | |

Amendment subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

text as a whole

block 1

committee + 5 political groups

RCV

+

473, 3, 6

block 2

committee

-

Block 1 = ams 2 (ENVI) + 6 to 10 inclusive (PSE, PPE/DE, ELDR, Verts/ALE and GUE/NGL)

Block 2 = ams 1, 3, 4 and 5 (ENVI)

Requests for roll-call votes

ELDR: Block 1

10.   Major-accident hazards involving dangerous substances ***II

Recommendation for second reading: LISI (A5-0198/2003)

| Amendment subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 4
  8
  10-11 | committee | | + | |
| amendments by committee responsible — separate votes | 1 | committee | sep | + | |
| 2 | committee | sep | + | |
| 3 | committee | sep/EV | - | 280, 187, 2 |
| 5 | committee | sep | + | |
| 6 | committee | split | | |
| 1 | + | |
| 2 | - | |
| 7 | committee | sep | + | |
| 9 | committee | sep | + | |
| 12 | committee | sep | + | |
| after recital 3 | 13 | GUE/NGL + Verts/ALE + Sornosa | | - | |

Amendment subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

4

8

10-11

committee

+

amendments by committee responsible — separate votes

1

committee

sep

+

2

committee

sep

+

3

committee

sep/EV

-

280, 187, 2

5

committee

sep

+

6

committee

split

1

+

2

-

7

committee

sep

+

9

committee

sep

+

12

committee

sep

+

after recital 3

13

GUE/NGL + Verts/ALE + Sornosa

-

Requests for separate vote

PPE-DE: ams 1, 2, 3, 5, 7, 9, 12

PSE: ams 1, 2

ELDR: am 7

Requests for split votes

PPE-DE

am 6

1st part: 1st subparagraph

2nd part: 2nd subparagraph

11.   Additives in animal nutrition ***II

Recommendation for second reading: KEPPELHOFF-WIECHERT (A5-0176/2003)

| Amendment subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 2-4
  8
  11-12 | committee | | - | |
| amendments by committee responsible — separate votes | 7 | committee | sep | + | |
| 9 | committee | sep | + | |
| text as a whole | Block 1 | PPE-DE | | + | |
| Block 2 | | | ↓ | |
| 1, 5, 6 | committee | | ↓ | |
| 10 | committee | sep | ↓ | |
| 13 | committee | sep | ↓ | |

Amendment subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

2-4

8

11-12

committee

-

amendments by committee responsible — separate votes

7

committee

sep

+

9

committee

sep

+

text as a whole

Block 1

PPE-DE

+

Block 2

↓

1, 5, 6

committee

↓

10

committee

sep

↓

13

committee

sep

↓

Block 1 = amendments 14 to 20

Block 2 = amendments 1, 5, 6, 10, 13

Requests for separate vote

PPE-DE: ams 7, 9

EDD: ams 10, 13

12.   Draft Amending Budget No 1/2003 (amendments)

| Amendment subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| B3-3065 (Prince) | 2 | committee | | + | |

Amendment subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

B3-3065 (Prince)

2

committee

+

Amendment 1 by the PECH Committee had been rejected in the BUDG Committee and was not reintroduced within the deadline.

13.   Draft Amending Budget No 1/2003 (resolution)

Report: FÄRM (A5-0173/2003)

| Amendment subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| after § 3 | 4 | GUE/NGL | | - | |
| § 4 | 5 | GUE/NGL | | - | |
| after recital F | 3 | GUE/NGL | | - | |
| vote: resolution (as a whole) | | + | |

Amendment subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

after § 3

4

GUE/NGL

-

§ 4

5

GUE/NGL

-

after recital F

3

GUE/NGL

-

vote: resolution (as a whole)

+

Amendments 1 and 2 had been cancelled.

14.   Statute and financing of European political parties ***I

Report: LEINEN (A5-0170/2003)

| Amendment subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| proposal for rejection | 41 | EDD | RCV | - | 110, 371, 8 |
| amendments by committee responsible — block vote | 1
  8
  10-11
  14-16
  18-21
  23-24 | committee | | - | |
| art 2 | CA 49 | PSE + PPE-DE + ELDR | | + | |
| art 3 | 27 | UEN | | - | |
| CA 50 | PSE + PPE-DE + ELDR | | + | |
| art 3, title and § 1 | 12 CP | committee | | ↓ | |
| 33 | Verts/ALE | | ↓ | |
| art 3, § 2 | CP | committee | | ↓ | |
| 42 | PPE-DE | | ↓ | |
| 39 | PPE-DE | | ↓ | |
| remainder of art 3 | 12 CP | committee | | ↓ | |
| art 4 | 28 | UEN | | - | |
| 48 | GUE/NGL | | - | |
| 34 | Verts/ALE et al | RCV | - | 115, 357, 6 |
| CA 51 | PSE + PPE-DE + ELDR | | + | |
| 13 | committee | | ↓ | |
| 37 | ELDR | | ↓ | |
| 43 | PPE-DE | | - | |
| art 5 | CA 52 | PSE + PPE-DE + ELDR | RCV | + | 394, 71, 22 |
| art 6 | CA 53 | PSE + PPE-DE + ELDR | | + | |
| art 7 | CA 54 | PSE + PPE-DE + ELDR | | + | |
| 17 | committee | | ↓ | |
| 44 | PPE-DE | | ↓ | |
| art 8 | CA 55 | PSE + PPE-DE + ELDR | | + | |
| art 9 — whole | CA 56 | PSE + PPE-DE + ELDR | | + | |
| art 9, § 1 | 35 CP | Verts/ALE | | ↓ | |
| 29 | UEN | | ↓ | |
| art 9, § 2 | 30 D | UEN | | ↓ | |
| 35 CP | Verts/ALE | | ↓ | |
| art 9, after § 2 | 47 | Verts/ALE | | - | |
| art 10 | CA 57 | PSE + PPE-DE + ELDR | | + | |
| after art 10 | 36 | ELDR | | - | |
| 31 | UEN | | - | |
| 22 | committee | | - | |
| still after art 10 | CA 58 | PSE + PPE-DE + ELDR | | + | |
| art 11 | CA 59 | PSE + PPE-DE + ELDR | | + | |
| before recital 1 | 25 | UEN | | - | |
| 26 | UEN | | - | |
| recital 1 | CA 60 | PSE + PPE-DE + ELDR | | + | |
| 38 | PPE-DE | | ↓ | |
| 45 | Verts/ALE | RCV | ↓ | |
| 2 | committee | | ↓ | |
| recital 2 | CA 61 | PSE + PPE-DE + ELDR | | + | |
| recital 3 | CA 62 | PSE + PPE-DE + ELDR | EV | + | 417, 49, 15 |
| 3 | committee | | ↓ | |
| recital 4 | CA 63 | PSE + PPE-DE + ELDR | | + | |
| 4 | committee | | ↓ | |
| after recital 4 | 32 | Verts/ALE | | - | |
| recital 5 | CA 64 | PSE + PPE-DE + ELDR | | + | |
| recital 6 | CA 65 | PSE + PPE-DE + ELDR | | + | |
| 5 | committee | | ↓ | |
| recital 7 | CA 66 | PSE + PPE-DE + ELDR | | + | |
| 6 | committee | | ↓ | |
| recital 8 | CA 67 | PSE + PPE-DE + ELDR | | + | |
| 7 | committee | | ↓ | |
| after recital 8 | CA 68 — CA 74 | PSE + PPE-DE + ELDR | | + | |
| still after rec 8 | CA 75 | PSE + PPE-DE + ELDR | | + | |
| 40 | PPE-DE | | ↓ | |
| 9 | committee | | ↓ | |
| 46 | Verts/ALE | RCV | - | 94, 377, 11 |
| vote: amended proposal | | + | |
| vote: legislative resolution | RCV | + | 345, 102, 34 |

Amendment subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

proposal for rejection

41

EDD

RCV

-

110, 371, 8

amendments by committee responsible — block vote

1

8

10-11

14-16

18-21

23-24

committee

-

art 2

CA 49

PSE + PPE-DE + ELDR

+

art 3

27

UEN

-

CA 50

PSE + PPE-DE + ELDR

+

art 3, title and § 1

12 CP

committee

↓

33

Verts/ALE

↓

art 3, § 2

CP

committee

↓

42

PPE-DE

↓

39

PPE-DE

↓

remainder of art 3

12 CP

committee

↓

art 4

28

UEN

-

48

GUE/NGL

-

34

Verts/ALE et al

RCV

-

115, 357, 6

CA 51

PSE + PPE-DE + ELDR

+

13

committee

↓

37

ELDR

↓

43

PPE-DE

-

art 5

CA 52

PSE + PPE-DE + ELDR

RCV

+

394, 71, 22

art 6

CA 53

PSE + PPE-DE + ELDR

+

art 7

CA 54

PSE + PPE-DE + ELDR

+

17

committee

↓

44

PPE-DE

↓

art 8

CA 55

PSE + PPE-DE + ELDR

+

art 9 — whole

CA 56

PSE + PPE-DE + ELDR

+

art 9, § 1

35 CP

Verts/ALE

↓

29

UEN

↓

art 9, § 2

30 D

UEN

↓

35 CP

Verts/ALE

↓

art 9, after § 2

47

Verts/ALE

-

art 10

CA 57

PSE + PPE-DE + ELDR

+

after art 10

36

ELDR

-

31

UEN

-

22

committee

-

still after art 10

CA 58

PSE + PPE-DE + ELDR

+

art 11

CA 59

PSE + PPE-DE + ELDR

+

before recital 1

25

UEN

-

26

UEN

-

recital 1

CA 60

PSE + PPE-DE + ELDR

+

38

PPE-DE

↓

45

Verts/ALE

RCV

↓

2

committee

↓

recital 2

CA 61

PSE + PPE-DE + ELDR

+

recital 3

CA 62

PSE + PPE-DE + ELDR

EV

+

417, 49, 15

3

committee

↓

recital 4

CA 63

PSE + PPE-DE + ELDR

+

4

committee

↓

after recital 4

32

Verts/ALE

-

recital 5

CA 64

PSE + PPE-DE + ELDR

+

recital 6

CA 65

PSE + PPE-DE + ELDR

+

5

committee

↓

recital 7

CA 66

PSE + PPE-DE + ELDR

+

6

committee

↓

recital 8

CA 67

PSE + PPE-DE + ELDR

+

7

committee

↓

after recital 8

CA 68 — CA 74

PSE + PPE-DE + ELDR

+

still after rec 8

CA 75

PSE + PPE-DE + ELDR

+

40

PPE-DE

↓

9

committee

↓

46

Verts/ALE

RCV

-

94, 377, 11

vote: amended proposal

+

vote: legislative resolution

RCV

+

345, 102, 34

CA 52 (art 5): The percentage appearing in the last subparagraph should read ‘40 %’ (instead of ‘45 %’).

Mr Van den Berg had also signed am 34.

Requests for roll-call votes

PSE: final vote

Verts/ALE: ams 34, 45, 46, 52CA, final vote

EDD: am 41, final vote

15.   Staff Regulations of officials and other servants of the European Communities *

Report: HARBOUR/MEDINA ORTEGA (A5-0069/2003)

| Amendment subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| draft legislative resolution |
| § 3 | 81/rev | PPE-DE + PSE | | + | |
| § 4 | 82/rev D | PPE-DE + PSE | | + | |
| § 5 | 83/rev | PPE-DE + PSE | | + | |
| vote: legislative resolution (as a whole) | | + | |

Amendment subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

draft legislative resolution

§ 3

81/rev

PPE-DE + PSE

+

§ 4

82/rev D

PPE-DE + PSE

+

§ 5

83/rev

PPE-DE + PSE

+

vote: legislative resolution (as a whole)

+

The vote on the legislative proposal had taken place at the sitting of 27 March 2003.

16.   Transatlantic partnership

Motion for a resolution (B5-0319/2003)

| Amendment subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| motion for a resolution B5-0319/2003




  (Committee on Foreign Affairs) |
| § 3 | 17 | PSE | | + | |
| 2 | Verts/ALE | | - | |
| § 4 | 15 | PSE | | + | |
| after § 4 | 27 | UEN | EV | + | 249, 200, 6 |
| sub-title before § 5 | 6 | Verts/ALE | | - | |
| § 5 | 3 | Verts/ALE | | - | |
| § | original text | split | | |
| 1 | + | |
| 2 | + | |
| 3 | + | |
| § 6 | 4 =
  19 = | Verts/ALE
  PSE | | + | |
| § 7 | 5 | Verts/ALE | | - | |
| § | original text | sep/EV | + | 302, 118, 53 |
| § 8 | 21 | PSE | | + | |
| 13 | ELDR | | ↓ | |
| after § 8 | 23 | ELDR | | + | |
| 22 | PSE | | ↓ | |
| § 14 | | original text | sep | + | |
| after § 14 | 14 | ELDR | | + | |
| after § 15 | oral am | PPE-DE | | + | |
| § 16 | 7 | Verts/ALE | | - | |
| § | original text | split | | |
| 1 | + | |
| 2 | + | |
| after § 16 | 8 | Verts/ALE | RCV | - | 124, 339, 12 |
| § 17 | 16 | PSE | | + | 328, 97, 10 |
| § 18 | 9 | Verts/ALE | EV | + | 372, 80, 21 |
| after § 18 | 10 | Verts/ALE | RCV | - | 229, 231, 16 |
| § 19 | | original text | sep | + | |
| § 20 | | original text | | + | amended orally |
| § 23 | | original text | sep | + | |
| § 24 | | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 26 | 26 | PPE-DE | | + | |
| after § 27 | 11 | Verts/ALE | | - | |
| after § 28 | 12 | Verts/ALE | | - | |
| after citation 9 | 18 | PSE | | + | |
| rec D | 25 | ELDR | | + | |
| after recital D | 1 | Verts/ALE | EV | + | 223, 213, 5 |
| recital E | § | original text | sep | + | |
| rec H | 24 | ELDR | | + | |
| 20 | PSE | | ↓ | |
| vote: resolution (as a whole) | EV | + | 303, 109, 47 |

Amendment subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

motion for a resolution B5-0319/2003

(Committee on Foreign Affairs)

§ 3

17

PSE

+

2

Verts/ALE

-

§ 4

15

PSE

+

after § 4

27

UEN

EV

+

249, 200, 6

sub-title before § 5

6

Verts/ALE

-

§ 5

3

Verts/ALE

-

§

original text

split

1

+

2

+

3

+

§ 6

4 =

19 =

Verts/ALE

PSE

+

§ 7

5

Verts/ALE

-

§

original text

sep/EV

+

302, 118, 53

§ 8

21

PSE

+

13

ELDR

↓

after § 8

23

ELDR

+

22

PSE

↓

§ 14

original text

sep

+

after § 14

14

ELDR

+

after § 15

oral am

PPE-DE

+

§ 16

7

Verts/ALE

-

§

original text

split

1

+

2

+

after § 16

8

Verts/ALE

RCV

-

124, 339, 12

§ 17

16

PSE

+

328, 97, 10

§ 18

9

Verts/ALE

EV

+

372, 80, 21

after § 18

10

Verts/ALE

RCV

-

229, 231, 16

§ 19

original text

sep

+

§ 20

original text

+

amended orally

§ 23

original text

sep

+

§ 24

original text

split

1

+

2

+

§ 26

26

PPE-DE

+

after § 27

11

Verts/ALE

-

after § 28

12

Verts/ALE

-

after citation 9

18

PSE

+

rec D

25

ELDR

+

after recital D

1

Verts/ALE

EV

+

223, 213, 5

recital E

§

original text

sep

+

rec H

24

ELDR

+

20

PSE

↓

vote: resolution (as a whole)

EV

+

303, 109, 47

The UEN Group had withdrawn its MOT B5-0284/2003.

Requests for roll-call votes

Verts/ALE: ams 8, 10

Requests for separate vote

PSE: recital E

Verts/ALE: § 19, 23, 24

UEN: rec E, § 5, 7, 14

Requests for split votes

PSE, Verts/ALE

§ 5

1st part: text without ‘and that this requires ... common diplomatic service’

2nd part: those words without ‘services in external trade and’

3rd part: those words

§ 16

1st part: text without ‘including the completion of a “Transatlantic market”’

2nd part: those words

UEN

§ 24

1st part: text without ‘and that enhancing CFSP ... reinforcing NATO’

2nd part: those words

Oral amendments

Mr Oostlander proposed an oral amendment to § 20 as follows: ‘Underlines ... are issues which
  require sustained dialogue between the transatlantic partners
  ’

Mr Swoboda proposed an oral amendment to insert a new paragraph 15a as follows:
  ‘Welcomes the conclusion of the “Amendment to the Implementing Agreement between the Department of Energy of the United States of America and the European Commission, for Non-nuclear Energy Scientific and Technological Co-operation relating to Co-operation in the Area of Fuel Cells” on 16 June 2003 which lays out the framework to collaborate on a matter important to both the US and the EU and which should improve the chances of finding a long-term solution to the world's energy and transport problems;’

Other information

The PSE Group had proposed interchanging §§ 18 and 19.

The President established that there was no objection to this proposal which was agreed to.

17.   Community immigration policy

Report: TERRÓN i CUSÍ (A5-0224/2003)

| Amendment subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 29 | | original text | split | | |
| 1 | + | |
| 2/RCV | + | 243, 205, 7 |
| § 32 | | original text | sep/EV | + | 225, 202, 5 |
| § 50 | | original text | sep/EV | + | 227, 204, 5 |
| § 51 | | original text | sep/EV | + | 227, 204, 9 |
| recital N | | original text | sep | - | |
| vote: resolution (as a whole) | | + | |

Amendment subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 29

original text

split

1

+

2/RCV

+

243, 205, 7

§ 32

original text

sep/EV

+

225, 202, 5

§ 50

original text

sep/EV

+

227, 204, 5

§ 51

original text

sep/EV

+

227, 204, 9

recital N

original text

sep

-

vote: resolution (as a whole)

+

Requests for roll-call votes

PPE-DE: § 29 [2nd part]

Requests for separate vote

PPE-DE: § 32, 50, 51

PSE: recital N

Requests for split votes

PPE-DE

§ 29

1st part: up to ‘rights and duties’

2nd part: remainder

18.   Illegal trade in light weapons

Motions for resolutions: B5-0312, 0313, 0314, 0315, 0316, 0317/2003

| Amendment subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution RC5-0312/2003




  (PPE-DE, PSE, ELDR, GUE/NGL, Verts/ALE, UEN, EDD) |
| recital F | | original text | sep | + | |
| vote: resolution (as a whole) | | + | |
| motions for resolutions by political groups |
| B5-0312/2003 | | PPE-DE | | ↓ | |
| B5-0313/2003 | | Verts/ALE | | ↓ | |
| B5-0314/2003 | | GUE/NGL | | ↓ | |
| B5-0315/2003 | | UEN | | ↓ | |
| B5-0316/2003 | | ELDR | | ↓ | |
| B5-0317/2003 | | PSE | | ↓ | |

Amendment subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution RC5-0312/2003

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

recital F

original text

sep

+

vote: resolution (as a whole)

+

motions for resolutions by political groups

B5-0312/2003

PPE-DE

↓

B5-0313/2003

Verts/ALE

↓

B5-0314/2003

GUE/NGL

↓

B5-0315/2003

UEN

↓

B5-0316/2003

ELDR

↓

B5-0317/2003

PSE

↓

Requests for separate vote

UEN: rec F of the JMOT

19.   Energy cooperation with the developing countries

Report: WIJKMAN (A5-0196/2003)

| Amendment subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 1 | 6 | GUE/NGL | | + | amended orally |
| § 5 | 3 | PPE-DE | split | | |
| 1/EV | + | 296, 116, 8 |
| 2/EV | + | 207, 200, 8 |
| § 18 | 4 | PPE-DE | | + | |
| § 24 | 7 | GUE/NGL | | - | |
| § 25 | 5 D | PPE-DE | | + | |
| recital F | 1 | PPE-DE | | + | |
| recital N | 2 D | PPE-DE | | + | |
| vote: resolution (as a whole) | RCV | + | 408, 8, 33 |

Amendment subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 1

6

GUE/NGL

+

amended orally

§ 5

3

PPE-DE

split

1/EV

+

296, 116, 8

2/EV

+

207, 200, 8

§ 18

4

PPE-DE

+

§ 24

7

GUE/NGL

-

§ 25

5 D

PPE-DE

+

recital F

1

PPE-DE

+

recital N

2 D

PPE-DE

+

vote: resolution (as a whole)

RCV

+

408, 8, 33

Requests for roll-call votes

PPE-DE: final vote

Requests for split votes

Verts/ALE

am 3

1st part: up to ‘access for all’

2nd part: remainder

Oral amendments:

The rapporteur proposed an oral amendment to amendment 6 as follows: ‘Takes the view ... and therefore constitutes an
  economic and social
  right; welcomes ...’

20.   Conservation and protection of the marine environment

Report: GONZALES ALVAREZ (A5-0158/2003)

| Amendment subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 3, after indent 6 | 1 | GUE/NGL | EV | + | 234, 175, 7 |
| vote: resolution (as a whole) | | + | |

Amendment subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 3, after indent 6

1

GUE/NGL

EV

+

234, 175, 7

vote: resolution (as a whole)

+

21.   ISPA (2001)

Report: POLI BORTONE (A5-0199/2003)

| Amendment subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 8 | 1 | Verts/ALE | EV | + | 228, 167, 4 |
| § 19 | 2 | Verts/ALE | | - | |
| after § 20 | 3 | Verts/ALE | | - | |
| 5 | Verts/ALE | | - | |
| after § 22 | 4 | Verts/ALE | | - | |
| § 25 | | original text | sep | + | |
| § 26 | | original text | sep/EV | + | 211, 179, 5 |
| § 27 | | original text | sep/EV | + | 224, 189, 6 |
| § 28 | | original text | sep | + | |
| § 29 | | original text | sep/EV | - | 190, 220, 10 |
| § 30 | | original text | sep | - | |
| § 31 | | original text | sep/EV | + | 224, 191, 4 |
| § 32 | | original text | sep/EV | + | 226, 191, 5 |
| § 33 | | original text | sep/EV | + | 223, 196, 6 |
| vote: resolution (as a whole) | RCV | + | 363, 13, 14 |

Amendment subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 8

1

Verts/ALE

EV

+

228, 167, 4

§ 19

2

Verts/ALE

-

after § 20

3

Verts/ALE

-

5

Verts/ALE

-

after § 22

4

Verts/ALE

-

§ 25

original text

sep

+

§ 26

original text

sep/EV

+

211, 179, 5

§ 27

original text

sep/EV

+

224, 189, 6

§ 28

original text

sep

+

§ 29

original text

sep/EV

-

190, 220, 10

§ 30

original text

sep

-

§ 31

original text

sep/EV

+

224, 191, 4

§ 32

original text

sep/EV

+

226, 191, 5

§ 33

original text

sep/EV

+

223, 196, 6

vote: resolution (as a whole)

RCV

+

363, 13, 14

Requests for roll-call votes

PPE-DE: final vote

Requests for separate vote

PPE-DE: § 26, 27, 28, 29, 30, 31, 32, 33

PSE: § 25, 29, 30

UEN: § 26, 27, 28, 29, 30, 31, 32, 33

22.   Reduction in discards of fish

Report: BUSK (A5-0163/2003)

| Amendment subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 7 | 1 | ELDR | | + | |
| vote: resolution (as a whole) | | + | |

Amendment subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 7

1

ELDR

+

vote: resolution (as a whole)

+

Amendment 1 reads as follows:

Recommends that, in compliance with the necessary restrictions, fish be used as far as possible for the production of fishmeal and oil instead of being wasted through discards; recommends that the Commission propose measures, including a regulatory framework and financial incentives, to encourage this;

---

ANNEX II

RESULT OF ROLL-CALL VOTES

1.   Paulsen recommendation A5-0195/2003

For: 473

EDD: Abitbol, Andersen, Belder, Bernié, Blokland, Butel, Coûteaux, van Dam, Esclopé, Mathieu, Raymond, Saint-Josse, Sandbæk

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Clegg, Davies, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Rutelli, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis

GUE/NGL: Ainardi, Alavanos, Bakopoulos, Bertinotti, Blak, Boudjenah, Brie, Caudron, Dary, Fiebiger, Figueiredo, Frahm, Fraisse, González Álvarez, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Manisco, Markov, Meijer, Miranda, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta

NI: Beysen, Della Vedova, Dupuis, Garaud, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Paisley, Souchet, Turco

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bodrato, Böge, Bourlanges, Bowis, Bradbourn, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cunha, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Florenz, Foster, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gemelli, Gil-Robles Gil-Delgado, Goepel, Gomolka, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Langen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Moreira Da Silva, Müller Emilia Franziska, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Pomés Ruiz, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Suominen, Tannock, Theato, Thyssen, Trakatellis, Van Orden, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vidal-Quadras Roca, Villiers, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Désir, Dührkop Dührkop, Duhamel, Duin, Ettl, Evans Robert J.E., Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, Paciotti, Patrie, Piecyk, Pittella, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

UEN: Andrews, Berlato, Bigliardo, Camre, Caullery, Collins, Hyland, Marchiani, Ó Neachtain, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Bautista Ojeda, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Cohn-Bendit, Echerer, Evans Jillian, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, Maes, Messner, Onesta, Ortuondo Larrea, Piétrasanta, Rod, de Roo, Rühle, Schroedter, Sörensen, Staes, Voggenhuber, Wuori, Wyn

Against: 3

EDD: Booth, Kuntz, Titford

Abstention: 6

NI: Berthu, de Gaulle, Gollnisch, Lang, Stirbois

PPE-DE: Fiori

2.   Leinen report A5-0170/2003

For: 110

EDD: Abitbol, Andersen, Belder, Bernié, Blokland, Booth, Butel, van Dam, Esclopé, Kuntz, Mathieu, Raymond, Saint-Josse, Sandbæk, Titford

ELDR: Davies, Ludford, Lynne, Nordmann, Pesälä, Pohjamo, Riis-Jørgensen, Sørensen, Väyrynen

GUE/NGL: Alavanos, Bertinotti, Blak, Dary, Frahm, Korakas, Krarup, Meijer, Patakis, Schmid Herman, Seppänen, Sjöstedt

NI: Berthu, Borghezio, Claeys, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Ilgenfritz, Kronberger, Lang, Souchet, Stirbois, Turco

PPE-DE: Arvidsson, Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Cederschiöld, Chichester, Deva, Dover, Foster, Goodwill, Grönfeldt Bergman, Hannan, Harbour, Heaton-Harris, Helmer, Hieronymi, Inglewood, Khanbhai, McMillan-Scott, Mastella, Matikainen-Kallström, Mennitti, Nicholson, Nisticò, Oreja Arburúa, Parish, Perry, Pisicchio, Purvis, Rovsing, Sacrédeus, Scallon, Stenmarck, Stevenson, Stockton, Sumberg, Tannock, Van Orden, Villiers, Wachtmeister

PSE: Ceyhun, Hughes, Lund, McNally, Marinho, Martin Hans-Peter, Van Brempt

UEN: Camre, Caullery, Marchiani, Pasqua, Ribeiro e Castro, Thomas-Mauro

Verts/ALE: Gahrton, Schörling

Against: 371

ELDR: André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Clegg, Flesch, Gasòliba i Böhm, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Olsson, Paulsen, Plooij-van Gorsel, Procacci, Ries, Rutelli, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Thors, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis

GUE/NGL: Ainardi, Bakopoulos, Boudjenah, Brie, Caudron, Fiebiger, Figueiredo, Fraisse, González Álvarez, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Modrow, Morgantini, Papayannakis, Puerta, Scarbonchi, Vachetta

NI: Beysen, Gorostiaga Atxalandabaso, Hager, Paisley

PPE-DE: Almeida Garrett, Andria, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Bodrato, Böge, von Boetticher, Bourlanges, Brunetta, Camisón Asensio, Cocilovo, Coelho, Cornillet, Cunha, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Doyle, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Goepel, Gomolka, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Hortefeux, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Kratsa-Tsagaropoulou, Langen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, McCartin, Maij-Weggen, Mann Thomas, Marini, Marques, Martens, Martin Hugues, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Moreira Da Silva, Morillon, Müller Emilia Franziska, Musotto, Naranjo Escobar, Nassauer, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pack, Pastorelli, Pérez Álvarez, Pex, Pirker, Piscarreta, Podestà, Pomés Ruiz, Pronk, Quisthoudt-Rowohl, Radwan, Rübig, Salafranca Sánchez-Neyra, Santini, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenzel, Sudre, Suominen, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vidal-Quadras Roca, Wenzel-Perillo, Wieland, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Boselli, Bullmann, van den Burg, Campos, Carlotti, Carraro, Carrilho, Casaca, Cashman, Cercas, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Désir, Dührkop Dührkop, Duhamel, Duin, Ettl, Evans Robert J.E., Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Honeyball, Howitt, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Junker, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Leinen, Linkohr, McAvan, McCarthy, Malliori, Mann Erika, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, Paciotti, Patrie, Piecyk, Pittella, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

UEN: Andrews, Berlato, Bigliardo, Collins, Hyland, Ó Neachtain, Poli Bortone, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Bautista Ojeda, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Cohn-Bendit, Echerer, Evans Jillian, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, Maes, Mayol i Raynal, Messner, Onesta, Ortuondo Larrea, Piétrasanta, Rod, de Roo, Rühle, Schroedter, Sörensen, Staes, Voggenhuber, Wuori, Wyn

Abstention: 8

EDD: Coûteaux

ELDR: Andreasen, Huhne, Jensen

GUE/NGL: Schröder Ilka

PPE-DE: Costa Raffaele, Konrad

UEN: Queiró

3.   Leinen report A5-0170/2003

For: 115

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

ELDR: Mulder, Sanders-ten Holte, Virrankoski, Wallis

GUE/NGL: Ainardi, Alavanos, Bakopoulos, Bertinotti, Blak, Boudjenah, Brie, Caudron, Fiebiger, Figueiredo, Frahm, Fraisse, González Álvarez, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Manisco, Markov, Meijer, Miranda, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Vachetta

NI: Berthu, Della Vedova, Dupuis, Souchet, Turco

PPE-DE: Wenzel-Perillo

PSE: Berès, Campos, Cashman, De Keyser, Désir, Duhamel, Ferreira, Fruteau, Garot, Gillig, Guy-Quint, Hazan, Lalumière, Lund, McNally, Martin Hans-Peter, Mendiluce Pereiro, Patrie, Terrón i Cusí, Valenciano Martínez-Orozco, Van Brempt, Van Lancker

Verts/ALE: Aaltonen, Ahern, Auroi, Bautista Ojeda, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Cohn-Bendit, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, Maes, Mayol i Raynal, Messner, Onesta, Ortuondo Larrea, Piétrasanta, Rod, de Roo, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 357

EDD: Belder, Blokland, Booth, van Dam, Titford

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Clegg, Davies, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer

NI: Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Ilgenfritz, Lang, Stirbois

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bodrato, Böge, von Boetticher, Bowis, Bradbourn, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cunha, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Foster, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Goepel, Gomolka, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Herranz García, Hieronymi, Hortefeux, Inglewood, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Langen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marques, Martens, Martin Hugues, Mastella, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Moreira Da Silva, Morillon, Müller Emilia Franziska, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Pomés Ruiz, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santini, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Suominen, Tannock, Theato, Thyssen, Trakatellis, Van Orden, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vidal-Quadras Roca, Villiers, Wachtmeister, Wieland, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berger, Bösch, Boselli, Bullmann, van den Burg, Carlotti, Carraro, Carrilho, Casaca, Cercas, Ceyhun, Colom i Naval, Corbett, Corbey, Dehousse, De Rossa, Dührkop Dührkop, Duin, Ettl, Evans Robert J.E., Ford, Gebhardt, Ghilardotti, Gill, Görlach, Gröner, Hänsch, Haug, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lange, Leinen, Linkohr, McAvan, McCarthy, Malliori, Mann Erika, Marinho, Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, Paciotti, Piecyk, Pittella, Poos, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Rothe, Rothley, Roure, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

UEN: Berlato, Bigliardo, Camre, Caullery, Collins, Hyland, Marchiani, Ó Neachtain, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro

Abstention: 6

GUE/NGL: Schröder Ilka

NI: Kronberger, Paisley

PPE-DE: Costa Raffaele, Matikainen-Kallström

Verts/ALE: Rühle

4.   Leinen report A5-0170/2003

For: 394

EDD: Butel

ELDR: Andreasen, André-Léonard, Attwooll, van den Bos, Busk, Clegg, Davies, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Plooij-van Gorsel, Procacci, Ries, Riis-Jørgensen, Rutelli, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis

GUE/NGL: Ainardi, Alavanos, Bakopoulos, Bertinotti, Boudjenah, Brie, Caudron, Fiebiger, Fraisse, González Álvarez, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Meijer, Miranda, Modrow, Morgantini, Papayannakis, Puerta, Scarbonchi, Vachetta

NI: Beysen, Della Vedova, Dupuis, Hager, Paisley, Turco

PPE-DE: Almeida Garrett, Andria, Arvidsson, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Bodrato, Böge, von Boetticher, Bourlanges, Brunetta, Camisón Asensio, Cederschiöld, Cocilovo, Coelho, Cornillet, Cunha, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Doyle, Ebner, Ferber, Fernández Martín, Ferrer, Fiori, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Gomolka, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Jarzembowski, Karas, Kauppi, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Langen, Laschet, Lehne, Liese, Lisi, Lombardo, Maat, McCartin, Maij-Weggen, Mann Thomas, Marini, Marques, Martens, Martin Hugues, Mastella, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Moreira Da Silva, Morillon, Müller Emilia Franziska, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pack, Pastorelli, Pérez Álvarez, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Pomés Ruiz, Pronk, Quisthoudt-Rowohl, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Stenmarck, Stenzel, Sudre, Suominen, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vidal-Quadras Roca, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bullmann, van den Burg, Campos, Carlotti, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Désir, Dührkop Dührkop, Duhamel, Duin, Ettl, Evans Robert J.E., Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, Paciotti, Patrie, Piecyk, Pittella, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wynn, Zimeray, Zorba

UEN: Andrews, Berlato, Bigliardo, Caullery, Collins, Hyland, Marchiani, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Thomas-Mauro, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Bautista Ojeda, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Cohn-Bendit, Echerer, Flautre, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lagendijk, Lannoye, Lipietz, Messner, Ortuondo Larrea, Piétrasanta, de Roo, Rühle, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori

Against: 71

EDD: Abitbol, Belder, Bernié, Blokland, Booth, Coûteaux, van Dam, Esclopé, Kuntz, Mathieu, Raymond, Saint-Josse, Titford

ELDR: Boogerd-Quaak

GUE/NGL: Korakas, Patakis, Seppänen

NI: Berthu, Borghezio, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Souchet

PPE-DE: Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Deva, Dover, Foster, Goodwill, Hannan, Harbour, Heaton-Harris, Helmer, Inglewood, Khanbhai, Lechner, McMillan-Scott, Nicholson, Oomen-Ruijten, Parish, Perry, Purvis, Scallon, Sommer, Stevenson, Stockton, Sumberg, Tannock, Van Orden, Villiers

PSE: Linkohr, Van Brempt, Van Lancker

UEN: Camre

Verts/ALE: Evans Jillian, Frassoni, Gahrton, Hudghton, Lambert, MacCormick, Maes, Mayol i Raynal, Onesta, Rod, Wyn

Abstention: 22

EDD: Andersen, Sandbæk

ELDR: Pesälä, Pohjamo

GUE/NGL: Blak, Dary, Figueiredo, Frahm, Krarup, Schmid Herman, Schröder Ilka, Sjöstedt

NI: Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Lang, Stirbois

PPE-DE: Costa Raffaele, Matikainen-Kallström

PSE: Lund

5.   Leinen report A5-0170/2003

For: 94

EDD: Andersen, Belder, Sandbæk

ELDR: André-Léonard, Boogerd-Quaak, Schmidt

GUE/NGL: Ainardi, Alavanos, Bakopoulos, Bertinotti, Blak, Boudjenah, Brie, Caudron, Fiebiger, Frahm, Fraisse, González Álvarez, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Manisco, Markov, Meijer, Miranda, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Vachetta

NI: Paisley

PPE-DE: Bodrato, García-Orcoyen Tormo

PSE: Berger, Ghilardotti, Gröner, Izquierdo Collado, Izquierdo Rojo, Junker, Karamanou, Lund, Martin Hans-Peter, Mendiluce Pereiro, Napoletano, Prets, Randzio-Plath, Terrón i Cusí, Valenciano Martínez-Orozco, Van Lancker

Verts/ALE: Aaltonen, Ahern, Auroi, Bautista Ojeda, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Cohn-Bendit, Echerer, Evans Jillian, Flautre, Gahrton, Graefe zu Baringdorf, Hudghton, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, Maes, Mayol i Raynal, Messner, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 377

EDD: Blokland, van Dam

ELDR: Andreasen, Attwooll, van den Bos, Busk, Clegg, Davies, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sanders-ten Holte, Sbarbati, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis

GUE/NGL: Figueiredo

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cunha, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Foster, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Goepel, Gomolka, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Kratsa-Tsagaropoulou, Langen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Moreira Da Silva, Morillon, Müller Emilia Franziska, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Pomés Ruiz, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Suominen, Tannock, Theato, Thyssen, Trakatellis, Van Orden, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vidal-Quadras Roca, Villiers, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Bösch, Boselli, Bullmann, van den Burg, Campos, Carlotti, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Colom i Naval, Corbett, Corbey, De Rossa, Désir, Dührkop Dührkop, Duhamel, Duin, Ettl, Evans Robert J.E., Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Görlach, Guy-Quint, Hänsch, Haug, Hazan, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Jöns, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Moraes, Müller Rosemarie, Murphy, Myller, Obiols i Germà, Paciotti, Patrie, Piecyk, Pittella, Poos, Rapkay, Read, Rocard, Rodríguez Ramos, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Van Brempt, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

UEN: Andrews, Berlato, Bigliardo, Camre, Caullery, Collins, Hyland, Marchiani, Ó Neachtain, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro, Turchi

Abstention: 11

EDD: Booth, Coûteaux, Titford

GUE/NGL: Dary, Schröder Ilka

NI: Borghezio, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Turco

PSE: Dehousse

6.   Leinen report A5-0170/2003

For: 345

ELDR: André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Flesch, Gasòliba i Böhm, Huhne, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Olsson, Paulsen, Plooij-van Gorsel, Procacci, Ries, Rutelli, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Thors, Vallvé, Van Hecke, Vermeer, Wallis

GUE/NGL: Brie, Caudron, Fiebiger, González Álvarez, Jové Peres, Kaufmann, Markov, Modrow, Puerta, Scarbonchi

NI: Beysen, Hager

PPE-DE: Almeida Garrett, Andria, Averoff, Avilés Perea, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Böge, von Boetticher, Brunetta, Camisón Asensio, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cunha, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, De Veyrac, Dimitrakopoulos, Doorn, Doyle, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Goepel, Gomolka, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hatzidakis, Hermange, Herranz García, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Kratsa-Tsagaropoulou, Langen, Laschet, Lechner, Lehne, Lisi, Lombardo, Maat, McCartin, Maij-Weggen, Mann Thomas, Marini, Marques, Martens, Martin Hugues, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Pastorelli, Pérez Álvarez, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Pronk, Quisthoudt-Rowohl, Radwan, Rübig, Salafranca Sánchez-Neyra, Santini, Schaffner, Schleicher, Schmitt, Schnellhardt, Smet, Sommer, Stenzel, Sudre, Suominen, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vidal-Quadras Roca, Wenzel-Perillo, Wieland, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bullmann, van den Burg, Campos, Carlotti, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Colom i Naval, Corbett, Corbey, Dehousse, De Rossa, Désir, Dührkop Dührkop, Duhamel, Duin, Ettl, Evans Robert J.E., Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, Paciotti, Patrie, Piecyk, Pittella, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Rothe, Rothley, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

UEN: Andrews, Berlato, Bigliardo, Collins, Hyland, Ó Neachtain, Poli Bortone, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Bautista Ojeda, Bouwman, Buitenweg, Celli, Cohn-Bendit, Echerer, Flautre, Graefe zu Baringdorf, Jonckheer, Lagendijk, Lannoye, Lipietz, Messner, Ortuondo Larrea, Piétrasanta, de Roo, Rühle, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori

Against: 102

EDD: Abitbol, Andersen, Belder, Bernié, Blokland, Booth, Butel, Coûteaux, van Dam, Esclopé, Kuntz, Mathieu, Raymond, Saint-Josse, Sandbæk, Titford

ELDR: Busk, Jensen, Pesälä, Pohjamo, Riis-Jørgensen, Sørensen, Väyrynen, Virrankoski

GUE/NGL: Blak, Dary, Frahm, Korakas, Krarup, Meijer, Patakis, Schmid Herman, Seppänen, Sjöstedt

NI: Berthu, Claeys, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Lang, Souchet, Stirbois, Turco

PPE-DE: Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Deva, Dover, Elles, Florenz, Foster, Goodwill, Hannan, Harbour, Heaton-Harris, Helmer, Hernández Mollar, Inglewood, Khanbhai, McMillan-Scott, Mastella, Montfort, Nicholson, Parish, Perry, Purvis, Rovsing, Sacrédeus, Scallon, Stevenson, Stockton, Sumberg, Tannock, Van Orden, Villiers

PSE: Linkohr, Lund, Martin Hans-Peter, Roure, Van Brempt, Van Lancker

UEN: Camre, Ribeiro e Castro

Verts/ALE: Evans Jillian, Gahrton, Hudghton, Lambert, MacCormick, Maes, Mayol i Raynal, Wyn

Abstention: 34

ELDR: Andreasen

GUE/NGL: Ainardi, Alavanos, Bakopoulos, Boudjenah, Fraisse, Herzog, Koulourianos, Manisco, Papayannakis, Schröder Ilka, Vachetta

NI: Paisley

PPE-DE: Arvidsson, Cederschiöld, Grönfeldt Bergman, Konrad, Matikainen-Kallström, Schwaiger, Stenmarck, Wachtmeister

PSE: De Keyser, Ferreira

UEN: Caullery, Marchiani, Pasqua, Queiró, Thomas-Mauro

Verts/ALE: Boumediene-Thiery, Breyer, Isler Béguin, Onesta, Rod, Schörling

7.   B5-0319/2003 — Transatlantic partnership

For: 124

EDD: Abitbol, Andersen, Coûteaux, van Dam, Kuntz, Sandbæk

ELDR: Van Hecke

GUE/NGL: Ainardi, Alavanos, Bakopoulos, Bertinotti, Blak, Boudjenah, Brie, Caudron, Dary, Figueiredo, Frahm, Fraisse, González Álvarez, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Manisco, Markov, Meijer, Miranda, Modrow, Morgantini, Puerta, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Vachetta

NI: Claeys, Dillen, de Gaulle, Gollnisch, Lang, Stirbois

PPE-DE: Hieronymi, Lombardo

PSE: Campos, Carlotti, Casaca, Ceyhun, Colom i Naval, Corbey, Dehousse, De Keyser, Désir, Ferreira, Fruteau, Gillig, Guy-Quint, Hazan, van Hulten, Kuhne, Lalumière, Linkohr, Lund, Marinho, Martin Hans-Peter, Medina Ortega, Mendiluce Pereiro, Patrie, Poos, Rapkay, Rocard, Roure, Sousa Pinto, Terrón i Cusí, Thorning-Schmidt, Vairinhos, Van Brempt, Vattimo, Volcic, Walter, Wiersma, Zrihen

Verts/ALE: Aaltonen, Ahern, Auroi, Bautista Ojeda, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, Maes, Mayol i Raynal, Messner, Onesta, Ortuondo Larrea, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 339

EDD: Belder, Blokland

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, Busk, Clegg, Davies, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Vermeer, Virrankoski, Wallis

GUE/NGL: Schröder Ilka

NI: Berthu, Beysen, Garaud, Hager, Ilgenfritz, Souchet

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cunha, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Foster, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Goepel, Gomolka, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hortefeux, Inglewood, Jarzembowski, Jeggle, Karas, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Langen, Laschet, Lechner, Lehne, Liese, Lisi, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Moreira Da Silva, Morillon, Müller Emilia Franziska, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Pomés Ruiz, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Suominen, Tannock, Theato, Thyssen, Trakatellis, Van Orden, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vidal-Quadras Roca, Villiers, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, van den Burg, Carraro, Cashman, Cercas, Corbett, De Rossa, Dührkop Dührkop, Duhamel, Duin, Ettl, Evans Robert J.E., Ford, Gebhardt, Ghilardotti, Gill, Glante, Gröner, Hänsch, Haug, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Lage, Lange, Leinen, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martínez Martínez, Mastorakis, Menéndez del Valle, Miguélez Ramos, Miller, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, Paciotti, Pittella, Prets, Randzio-Plath, Read, Rodríguez Ramos, Rothe, Rothley, Ruffolo, Sacconi, Sakellariou, Sauquillo Pérez del Arco, Scheele, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Stihler, Swiebel, Swoboda, Titley, Torres Marques, Trentin, Tsatsos, Valenciano Martínez-Orozco, Van Lancker, Watts, Weiler, Whitehead, Wynn, Zimeray, Zorba

UEN: Berlato, Bigliardo, Camre, Caullery, Marchiani, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Thomas-Mauro, Turchi

Abstention: 12

EDD: Booth, Titford

NI: Borghezio, Della Vedova, Gorostiaga Atxalandabaso, Kronberger, Paisley, Turco

UEN: Andrews, Collins, Hyland, Ó Neachtain

8.   B5-0319/2003 — Transatlantic partnership

For: 229

EDD: Abitbol, Andersen, Bernié, Booth, Butel, Coûteaux, Esclopé, Kuntz, Mathieu, Raymond, Saint-Josse, Sandbæk, Titford

GUE/NGL: Ainardi, Alavanos, Bakopoulos, Bertinotti, Blak, Boudjenah, Caudron, Dary, Figueiredo, Frahm, Fraisse, González Álvarez, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Miranda, Modrow, Morgantini, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta

NI: Berthu, Garaud, Souchet

PPE-DE: Fatuzzo, Ferrer, Montfort, Sacrédeus, Wijkman

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bullmann, van den Burg, Campos, Carlotti, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Désir, Dührkop Dührkop, Duhamel, Duin, Ettl, Evans Robert J.E., Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, Paciotti, Patrie, Piecyk, Pittella, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wynn, Zimeray, Zorba, Zrihen

Verts/ALE: Aaltonen, Ahern, Auroi, Bautista Ojeda, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lipietz, MacCormick, Maes, Mayol i Raynal, Messner, Onesta, Ortuondo Larrea, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 231

EDD: Belder, Blokland, van Dam

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, van den Bos, Busk, Clegg, Davies, Flesch, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis

NI: Beysen, Hager, Ilgenfritz

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cunha, Cushnahan, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Ferber, Fernández Martín, Ferri, Fiori, Florenz, Foster, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Goepel, Gomolka, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Herranz García, Hieronymi, Hortefeux, Inglewood, Jarzembowski, Jeggle, Karas, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Langen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Pomés Ruiz, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santini, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Suominen, Tannock, Theato, Thyssen, Trakatellis, Van Orden, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vidal-Quadras Roca, Villiers, Wachtmeister, Wenzel-Perillo, Wieland, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Berlato, Bigliardo, Camre, Marchiani, Pasqua, Poli Bortone, Thomas-Mauro, Turchi

Abstention: 16

NI: Borghezio, Claeys, Della Vedova, Dillen, Dupuis, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Lang, Paisley, Stirbois, Turco

UEN: Andrews, Fitzsimons, Hyland, Ó Neachtain

9.   Terrón i Cusí report A5-0224/2003

For: 243

EDD: Belder, Blokland, van Dam

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Clegg, Davies, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Monsonís Domingo, Mulder, Newton Dunn, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Rutelli, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Vallvé, Van Hecke, Vermeer, Virrankoski

GUE/NGL: Ainardi, Bakopoulos, Bertinotti, Blak, Boudjenah, Caudron, Figueiredo, Frahm, Fraisse, González Álvarez, Jové Peres, Kaufmann, Koulourianos, Manisco, Meijer, Miranda, Modrow, Morgantini, Puerta, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Vachetta

NI: Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Turco

PPE-DE: Arvidsson, Cederschiöld, Cushnahan, Grönfeldt Bergman, Sacrédeus, Stenmarck, Wachtmeister

PSE: Adam, Aparicio Sánchez, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bullmann, van den Burg, Carlotti, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Colom i Naval, Corbett, Corbey, De Keyser, De Rossa, Désir, Duhamel, Duin, Ettl, Evans Robert J.E., Ferreira, Ford, Fruteau, Garot, Ghilardotti, Gillig, Glante, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, Paciotti, Patrie, Piecyk, Pittella, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zrihen

Verts/ALE: Aaltonen, Ahern, Auroi, Bautista Ojeda, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, Maes, Mayol i Raynal, Messner, Onesta, Ortuondo Larrea, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 205

EDD: Abitbol, Bernié, Booth, Esclopé, Kuntz, Mathieu, Raymond, Saint-Josse, Titford

ELDR: Nordmann

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Ilgenfritz, Kronberger, Lang, Souchet, Stirbois

PPE-DE: Almeida Garrett, Andria, Atkins, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Chichester, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cunha, Daul, Decourrière, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Foster, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Goepel, Gomolka, Goodwill, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Heaton-Harris, Helmer, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jeggle, Karas, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Langen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marques, Martens, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Moreira Da Silva, Morillon, Müller Emilia Franziska, Musotto, Naranjo Escobar, Nassauer, Nicholson, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Pomés Ruiz, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Salafranca Sánchez-Neyra, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Suominen, Tannock, Theato, Thyssen, Trakatellis, Van Orden, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vidal-Quadras Roca, Villiers, Wenzel-Perillo, Wieland, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Andrews, Berlato, Bigliardo, Camre, Collins, Hyland, Marchiani, Ó Neachtain, Pasqua, Poli Bortone, Ribeiro e Castro, Thomas-Mauro, Turchi

Abstention: 7

EDD: Andersen, Sandbæk

ELDR: Manders, Ries

NI: Paisley

PSE: Dehousse, Martin Hans-Peter

10.   Wijkman report A5-0196/2003

For: 408

EDD: Andersen, Bernié, Esclopé, Kuntz, Mathieu, Raymond, Saint-Josse, Sandbæk

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Clegg, Davies, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis

GUE/NGL: Puerta, Scarbonchi

NI: Berthu, Beysen, Garaud, Hager, Kronberger, Souchet

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cunha, Cushnahan, Daul, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Doyle, Ebner, Elles, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Foster, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Goepel, Gomolka, Goodwill, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Heaton-Harris, Helmer, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jeggle, Karas, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Langen, Laschet, Lechner, Lehne, Lisi, Lombardo, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marques, Martens, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Moreira Da Silva, Morillon, Müller Emilia Franziska, Musotto, Naranjo Escobar, Nassauer, Nicholson, Nisticò, Ojeda Sanz, Oomen-Ruijten, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Pomés Ruiz, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Stenmarck, Stenzel, Stevenson, Stockton, Sudre, Sumberg, Suominen, Tannock, Theato, Thyssen, Trakatellis, Van Orden, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vidal-Quadras Roca, Villiers, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Boselli, Bullmann, van den Burg, Carlotti, Carraro, Carrilho, Casaca, Cashman, Cercas, Ceyhun, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Désir, Duhamel, Duin, Ettl, Evans Robert J.E., Ferreira, Ford, Fruteau, Garot, Ghilardotti, Gill, Gillig, Glante, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miller, Moraes, Müller Rosemarie, Murphy, Napoletano, Obiols i Germà, Paciotti, Patrie, Piecyk, Pittella, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schulz, Simpson, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zrihen

UEN: Berlato, Bigliardo, Camre, Caullery, Marchiani, Pasqua, Poli Bortone, Queiró, Thomas-Mauro, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Bautista Ojeda, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, Maes, Messner, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 8

EDD: Abitbol, Belder, Blokland, Booth, van Dam, Titford

NI: Gorostiaga Atxalandabaso

PPE-DE: Oostlander

Abstention: 33

EDD: Coûteaux

GUE/NGL: Ainardi, Bakopoulos, Bertinotti, Blak, Boudjenah, Caudron, Figueiredo, Frahm, Fraisse, González Álvarez, Jové Peres, Kaufmann, Koulourianos, Manisco, Meijer, Miranda, Modrow, Morgantini, Schmid Herman, Seppänen, Sjöstedt, Vachetta

NI: Borghezio, Claeys, Dillen, de Gaulle, Lang, Martinez, Paisley, Stirbois, Turco

PSE: Lund

11.   Poli Bortone report A5-0199/2003

For: 363

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Clegg, Davies, Flesch, Gasòliba i Böhm, Jensen, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Olsson, Paulsen, Pesälä, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis

GUE/NGL: Ainardi, Bakopoulos, Bertinotti, Boudjenah, Caudron, Figueiredo, González Álvarez, Jové Peres, Kaufmann, Koulourianos, Meijer, Miranda, Modrow, Morgantini, Puerta, Schmid Herman, Seppänen, Vachetta

NI: Beysen, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Turco

PPE-DE: Almeida Garrett, Andria, Arvidsson, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Bodrato, von Boetticher, Bourlanges, Brunetta, Camisón Asensio, Cederschiöld, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cunha, Cushnahan, Daul, De Mita, Deprez, De Sarnez, Descamps, Dimitrakopoulos, Doorn, Doyle, Ebner, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, Garriga Polledo, Gawronski, Gemelli, Goepel, Gomolka, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hernández Mollar, Hieronymi, Hortefeux, Jeggle, Karas, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Konrad, Kratsa-Tsagaropoulou, Laschet, Lehne, Liese, Lisi, Maat, McCartin, Maij-Weggen, Mann Thomas, Marques, Martens, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Moreira Da Silva, Morillon, Müller Emilia Franziska, Musotto, Naranjo Escobar, Nassauer, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pack, Pastorelli, Pérez Álvarez, Pex, Pirker, Podestà, Pomés Ruiz, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Stenmarck, Stenzel, Sudre, Suominen, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vidal-Quadras Roca, Wachtmeister, Wenzel-Perillo, Wijkman, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aparicio Sánchez, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Bösch, Boselli, Bullmann, van den Burg, Carlotti, Carraro, Carrilho, Casaca, Cashman, Cercas, Colom i Naval, Corbett, Corbey, Dehousse, De Keyser, De Rossa, Désir, Duhamel, Duin, Ettl, Evans Robert J.E., Ferreira, Ford, Ghilardotti, Gillig, Glante, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miller, Moraes, Müller Rosemarie, Murphy, Napoletano, Obiols i Germà, Paciotti, Patrie, Piecyk, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Rothe, Rothley, Roure, Ruffolo, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schulz, Simpson, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zrihen

UEN: Berlato, Bigliardo, Marchiani, Pasqua, Poli Bortone, Ribeiro e Castro, Thomas-Mauro, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Bautista Ojeda, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, Maes, Mayol i Raynal, Messner, Onesta, Ortuondo Larrea, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 13

EDD: Abitbol, Booth, Titford

NI: Claeys, Dillen, de Gaulle, Lang, Martinez, Stirbois

PPE-DE: Helmer, Pisicchio, Wieland

UEN: Caullery

Abstention: 41

EDD: Belder, Blokland, Coûteaux, van Dam, Kuntz

GUE/NGL: Manisco

NI: Berthu, Borghezio, Garaud, Paisley, Souchet

PPE-DE: Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Chichester, Deva, De Veyrac, Dover, Elles, Foster, Goodwill, Harbour, Heaton-Harris, Inglewood, Khanbhai, Koch, Langen, Nicholson, Parish, Perry, Pronk, Purvis, Rübig, Sommer, Stevenson, Tannock, Villiers

UEN: Camre

---

TEXTS ADOPTED

P5_TA(2003)0276

Slot allocation at Community airports ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending the amended proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (COM(2003) 207 — C5-0186/2003 — 2001/0140(COD))

(Codecision procedure: first reading — renewed referral)

The European Parliament,

| — | having regard to the proposal amending the amended Commission proposal to the European Parliament and the Council (COM(2003) 207) (1), |
| --- | --- |

—

having regard to the proposal amending the amended Commission proposal to the European Parliament and the Council (COM(2003) 207) (1),

| — | having regard to the amended Commission proposal to the European Parliament and the Council (COM(2002) 623) (1), |
| --- | --- |

—

having regard to the amended Commission proposal to the European Parliament and the Council (COM(2002) 623) (1),

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2001) 335) (2), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2001) 335) (2),

| — | having regard to the position it adopted at first reading on 11 June 2002 (3), |
| --- | --- |

—

having regard to the position it adopted at first reading on 11 June 2002 (3),

| — | having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0186/2003), |
| --- | --- |

—

having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0186/2003),

| — | having regard to Rules 67, 71(1) and 158(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67, 71(1) and 158(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0222/2003), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0222/2003),

| 1. | Approves the Commission proposal as a proposal in its own right; |
| --- | --- |

1.

Approves the Commission proposal as a proposal in its own right;

| 2. | Asks the Commission and the Council to deal with the amendments to Regulation (EEC) No 95/93 and with those contained in the proposal amending the amended proposal in two separate regulations; |
| --- | --- |

2.

Asks the Commission and the Council to deal with the amendments to Regulation (EEC) No 95/93 and with those contained in the proposal amending the amended proposal in two separate regulations;

| 3. | 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.

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;

| 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 the OJ.

(2)  OJ C 270 E, 25.9.2001, p. 131.

(3)  P5_TA(2002)0293.

P5_TA(2003)0277

Zoonoses and zoonotic agents ***II

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC (14856/1/2002 — C5-0084/2003 — 2001/0176(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (14856/1/2002 — C5-0084/2003) (1), |
| --- | --- |

—

having regard to the Council common position (14856/1/2002 — C5-0084/2003) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001) 452) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001) 452) (3),

| — | having regard to the amended Commission proposal (COM(2002) 684) (4), |
| --- | --- |

—

having regard to the amended Commission proposal (COM(2002) 684) (4),

| — | having regard to Article 251(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty,

| — | having regard to Rule 78 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 78 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0194/2003), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0194/2003),

| 1. | Approves the common position; |
| --- | --- |

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 4. | Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Communities; |
| --- | --- |

4.

Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Communities;

| 5. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

5.

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

---

(1)  OJ C 90 E, 15.4.2003, p. 9.

(2)  P5_TA(2002)0237.

(3)  OJ C 304 E, 30.10.2001, p. 250.

(4)  Not yet published in the OJ.

P5_TA(2003)0278

Protection of animals used for scientific purposes ***II

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive amending Council Directive 86/609/EEC on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes (5240/1/2003 — C5-0134/2003 — 2001/0277(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (5240/1/2003 — C5-0134/2003) (1), |
| --- | --- |

—

having regard to the Council common position (5240/1/2003 — C5-0134/2003) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001) 703) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001) 703) (3),

| — | having regard to Article 251(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty,

| — | having regard to Rule 78 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 78 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0185/2003), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0185/2003),

| 1. | Approves the common position; |
| --- | --- |

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 4. | Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Communities; |
| --- | --- |

4.

Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Communities;

| 5. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

5.

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

---

(1)  OJ C 113 E, 13.5.2003, p. 59.

(2)  P5_TA(2002)0339.

(3)  OJ C 25 E, 29.1.2002, p. 536.

P5_TA(2003)0279

Community statistics on science and technology ***II

Common Position adopted by the Council with a view to the adoption of a Decision of the European Parliament and of the Council concerning the production and development of Community statistics on science and technology (14089/1/2002 — C5-0130/2003 — 2001/0197(COD))

(Codecision procedure: second reading)

The common position was approved. The act was accordingly deemed adopted in accordance with the common position.

P5_TA(2003)0280

Visas for Olympic athletes *

European Parliament legislative resolution on the proposal for a Council regulation relating to measures envisaged to facilitate the procedures for applying for and issuing visas for members of the Olympic family taking part in the 2004 Olympic and/or Paralympic Games in Athens (COM(2003) 172 — C5-0181/2003 — 2003/0061(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal (COM(2003) 172) (1), |
| --- | --- |

—

having regard to the Commission proposal (COM(2003) 172) (1),

| — | having regard to Article 62(2)(a) and (b)(ii) of the EC Treaty, |
| --- | --- |

—

having regard to Article 62(2)(a) and (b)(ii) of the EC Treaty,

| — | having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0181/2003), |
| --- | --- |

—

having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0181/2003),

| — | 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 Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0211/2003), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0211/2003),

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

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

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

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

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

| 5. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

5.

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

| TEXT PROPOSED BY THE COMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Article 4, paragraph 4 |
| 4. The Organising Committee of the 2004 Olympic Games shall forward to the services responsible for issuing visas collective applications for visas as quickly as possible, together with copies of applications for the issue of an Olympic accreditation card for the persons concerned, bearing their name, forename, sex, date and place of birth and passport number, type and expiry date. | 4. The Organising Committee of the 2004 Olympic Games shall forward to the services responsible for issuing visas collective applications for visas as quickly as possible, together with copies of applications for the issue of an Olympic accreditation card for the persons concerned, bearing their name, forename, sex,
  nationality,
  date and place of birth and passport number, type and expiry date. |
| Amendment 2 |
| Article 8 |
| Where the list of persons put forward as participants in the Olympic and/or Paralympic Games is amended before the Games begin, the responsible organisations shall inform the Organising Committee of the 2004 Olympic Games thereof so that the accreditation cards of the persons removed from the list can be revoked. The Organising Committee of the Olympic Games shall then inform the services responsible for issuing visas thereof, notifying the numbers of the visas in question.
  The services responsible for issuing visas shall cancel the visas of the persons concerned. They shall inform the authorities responsible for border checks thereof, and the latter shall forward this information to the competent authorities of the other Member States. | Where the list of persons put forward as participants in the Olympic and/or Paralympic Games is amended before the Games begin, the responsible organisations shall
  , without any


  delay,
  inform the Organising Committee of the 2004 Olympic Games thereof so that the accreditation cards of the persons removed from the list can be revoked. The Organising Committee of the Olympic Games shall then inform the services responsible for issuing visas thereof, notifying the numbers of the visas in question.
  The services responsible for issuing visas shall cancel the visas of the persons concerned. They shall
  immediately
  inform the authorities responsible for border checks thereof, and the latter shall
  , without any delay,
  forward this information to the competent authorities of the other Member States. |
| Amendment 3 |
| Article 10 |
| Not later than
  six
  months after the close of the Paralympic Games, Greece shall transmit to the Commission a report on the various aspects of the implementation of the provisions of this Regulation.
  On the basis of this report and any information supplied by other Member States within the same time limit, the Commission shall draw up an assessment of the functioning of the derogation in respect of the issue of visas to members of the Olympic family, as provided for by this Regulation, and shall inform the the European Parliament and the Council thereof. | Not later than
  four
  months after the close of the Paralympic Games, Greece shall transmit to the Commission a report on the various aspects of the implementation of the provisions of this Regulation.
  On the basis of this report and any information supplied by other Member States within the same time limit, the Commission shall draw up an assessment of the functioning of the derogation in respect of the issue of visas to members of the Olympic family, as provided for by this Regulation, and shall inform the European Parliament and the Council thereof.


  The Commission shall draw up this evaluation report sufficiently early to enable the experience made during the Olympic and Paralympic Games of Athens to be taken into account by the Italian authorities for the organisation of the Olympic Winter Games to be held in Turin in 2006. |

TEXT PROPOSED BY THE COMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Article 4, paragraph 4

4. The Organising Committee of the 2004 Olympic Games shall forward to the services responsible for issuing visas collective applications for visas as quickly as possible, together with copies of applications for the issue of an Olympic accreditation card for the persons concerned, bearing their name, forename, sex, date and place of birth and passport number, type and expiry date.

4. The Organising Committee of the 2004 Olympic Games shall forward to the services responsible for issuing visas collective applications for visas as quickly as possible, together with copies of applications for the issue of an Olympic accreditation card for the persons concerned, bearing their name, forename, sex,
  nationality,
  date and place of birth and passport number, type and expiry date.

Amendment 2

Article 8

Where the list of persons put forward as participants in the Olympic and/or Paralympic Games is amended before the Games begin, the responsible organisations shall inform the Organising Committee of the 2004 Olympic Games thereof so that the accreditation cards of the persons removed from the list can be revoked. The Organising Committee of the Olympic Games shall then inform the services responsible for issuing visas thereof, notifying the numbers of the visas in question.

The services responsible for issuing visas shall cancel the visas of the persons concerned. They shall inform the authorities responsible for border checks thereof, and the latter shall forward this information to the competent authorities of the other Member States.

Where the list of persons put forward as participants in the Olympic and/or Paralympic Games is amended before the Games begin, the responsible organisations shall
  , without any


  delay,
  inform the Organising Committee of the 2004 Olympic Games thereof so that the accreditation cards of the persons removed from the list can be revoked. The Organising Committee of the Olympic Games shall then inform the services responsible for issuing visas thereof, notifying the numbers of the visas in question.

The services responsible for issuing visas shall cancel the visas of the persons concerned. They shall
  immediately
  inform the authorities responsible for border checks thereof, and the latter shall
  , without any delay,
  forward this information to the competent authorities of the other Member States.

Amendment 3

Article 10

Not later than
  six
  months after the close of the Paralympic Games, Greece shall transmit to the Commission a report on the various aspects of the implementation of the provisions of this Regulation.

On the basis of this report and any information supplied by other Member States within the same time limit, the Commission shall draw up an assessment of the functioning of the derogation in respect of the issue of visas to members of the Olympic family, as provided for by this Regulation, and shall inform the the European Parliament and the Council thereof.

Not later than
  four
  months after the close of the Paralympic Games, Greece shall transmit to the Commission a report on the various aspects of the implementation of the provisions of this Regulation.

On the basis of this report and any information supplied by other Member States within the same time limit, the Commission shall draw up an assessment of the functioning of the derogation in respect of the issue of visas to members of the Olympic family, as provided for by this Regulation, and shall inform the European Parliament and the Council thereof.

The Commission shall draw up this evaluation report sufficiently early to enable the experience made during the Olympic and Paralympic Games of Athens to be taken into account by the Italian authorities for the organisation of the Olympic Winter Games to be held in Turin in 2006.

---

(1)  Not yet published in the OJ.

P5_TA(2003)0281

Fisheries resources in the Mediterranean

European Parliament resolution on the communication from the Commission to the Council and the European Parliament laying down a Community Action Plan for the conservation and sustainable exploitation of fisheries resources in the Mediterranean Sea under the Common Fisheries Policy (2002/2281(INI))

The European Parliament,

| — | having regard to the Commission's Communication (COM(2002) 535), |
| --- | --- |

—

having regard to the Commission's Communication (COM(2002) 535),

| — | 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 Fisheries (A5-0171/2003), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A5-0171/2003),

| A. | having regard to the importance of the Mediterranean Sea for the fisheries sector in the European Union, in terms of both the diversity of species caught and the socio-economic and, in some cases, cultural role which fishing plays, |
| --- | --- |

A.

having regard to the importance of the Mediterranean Sea for the fisheries sector in the European Union, in terms of both the diversity of species caught and the socio-economic and, in some cases, cultural role which fishing plays,

| B. | having regard to the specific nature of the region's fishing fleet, which is mostly artisanal, multipurpose and relatively obsolete; having regard, further, to the development of aquaculture and the impact of leisure fishing in some Mediterranean tourist areas, |
| --- | --- |

B.

having regard to the specific nature of the region's fishing fleet, which is mostly artisanal, multipurpose and relatively obsolete; having regard, further, to the development of aquaculture and the impact of leisure fishing in some Mediterranean tourist areas,

| C. | whereas, however, the specificity of the Mediterranean cannot be allowed to act as an obstacle to the implementation of joint management measures, but instead calls for a flexible management approach, given that the system of derogations employed hitherto is proving counterproductive and may undermine the prospects for the development of the fisheries sector in the Mediterranean, |
| --- | --- |

C.

whereas, however, the specificity of the Mediterranean cannot be allowed to act as an obstacle to the implementation of joint management measures, but instead calls for a flexible management approach, given that the system of derogations employed hitherto is proving counterproductive and may undermine the prospects for the development of the fisheries sector in the Mediterranean,

| D. | whereas the many experiments in local and responsible management carried out by fishermen's associations (in particular the one dealing with management of the fishing effort), together with alternative measures such as protected underwater parks, can make a valuable contribution to the preparation of a systematic management plan for the Mediterranean, |
| --- | --- |

D.

whereas the many experiments in local and responsible management carried out by fishermen's associations (in particular the one dealing with management of the fishing effort), together with alternative measures such as protected underwater parks, can make a valuable contribution to the preparation of a systematic management plan for the Mediterranean,

| E. | having regard to the structural adjustments which the reform measures will entail and the resulting economic and financial impact on the sector, which will create a need for appropriate instruments to support the reform, |
| --- | --- |

E.

having regard to the structural adjustments which the reform measures will entail and the resulting economic and financial impact on the sector, which will create a need for appropriate instruments to support the reform,

| F. | whereas the geographical specificity of the Mediterranean and the resulting legal arrangements for the management of fisheries resources call for a multilateral dialogue involving all Mediterranean countries, with a view to achieving the reform objectives by means of a systematic approach to both research and the implementation of the measures concerned, |
| --- | --- |

F.

whereas the geographical specificity of the Mediterranean and the resulting legal arrangements for the management of fisheries resources call for a multilateral dialogue involving all Mediterranean countries, with a view to achieving the reform objectives by means of a systematic approach to both research and the implementation of the measures concerned,

| G. | having regard to the shortcomings in scientific research in the Mediterranean, in terms of both quality and the piecemeal approach employed, the result of which is a lack of reliable information concerning the exploitation of resources and the continuing ability of species to reproduce, |
| --- | --- |

G.

having regard to the shortcomings in scientific research in the Mediterranean, in terms of both quality and the piecemeal approach employed, the result of which is a lack of reliable information concerning the exploitation of resources and the continuing ability of species to reproduce,

| H. | having regard to recent experiments and the Commission's efforts to encourage studies more closely tailored to the specific characteristics of the Mediterranean, in particular within the General Fisheries Commission for the Mediterranean (GFCM) and the International Commission for the Conservation of Atlantic Tuna (ICCAT), a prerequisite for the drawing-up and implementation of new management measures based on reliable scientific data, |
| --- | --- |

H.

having regard to recent experiments and the Commission's efforts to encourage studies more closely tailored to the specific characteristics of the Mediterranean, in particular within the General Fisheries Commission for the Mediterranean (GFCM) and the International Commission for the Conservation of Atlantic Tuna (ICCAT), a prerequisite for the drawing-up and implementation of new management measures based on reliable scientific data,

| I. | having regard to the growing concern for the environment and the official response in the form of measures to protect and conserve ecosystems as part of an approach geared to the sustainable exploitation of resources, |
| --- | --- |

I.

having regard to the growing concern for the environment and the official response in the form of measures to protect and conserve ecosystems as part of an approach geared to the sustainable exploitation of resources,

| J. | whereas, however, fishermen are generally more sinned against than sinning in relation to damage caused to the environment in some areas of the Mediterranean, damage which is chiefly due to urban and industrial pollution and a lack of integrated management of coastal areas, |
| --- | --- |

J.

whereas, however, fishermen are generally more sinned against than sinning in relation to damage caused to the environment in some areas of the Mediterranean, damage which is chiefly due to urban and industrial pollution and a lack of integrated management of coastal areas,

| K. | having regard to the serious concerns which have been voiced at both Community and international level with regard to the persistence of illegal fishing and the need to establish a monitoring system which is both effective, from the point of view of the authorities, and sustainable, from the point of view of operators, |
| --- | --- |

K.

having regard to the serious concerns which have been voiced at both Community and international level with regard to the persistence of illegal fishing and the need to establish a monitoring system which is both effective, from the point of view of the authorities, and sustainable, from the point of view of operators,

| 1. | Welcomes the communication from the European Commission, which represents a response to the calls made by politicians, scientists and professionals for measures designed to secure the sustainability of the fisheries sector in the Mediterranean; |
| --- | --- |

1.

Welcomes the communication from the European Commission, which represents a response to the calls made by politicians, scientists and professionals for measures designed to secure the sustainability of the fisheries sector in the Mediterranean;

| 2. | Shares the view that the sustainability of fisheries and the specificity of the Mediterranean must be the main criteria governing the reform and acknowledges the need for flexible measures to achieve the objectives of that reform; |
| --- | --- |

2.

Shares the view that the sustainability of fisheries and the specificity of the Mediterranean must be the main criteria governing the reform and acknowledges the need for flexible measures to achieve the objectives of that reform;

| 3. | Acknowledges the need to overhaul the system of derogations which has rendered Regulation (EC) No 1626/94 (1) so ineffective, provided that the revision is carried out on the basis of new, more reliable, scientific data; moreover, that revision should take into account other socio-economic, cultural and tourism-related criteria, for example with a view to safeguarding the special forms of fishing currently authorised under Regulation (EC) No 2341/2002 (2); |
| --- | --- |

3.

Acknowledges the need to overhaul the system of derogations which has rendered Regulation (EC) No 1626/94 (1) so ineffective, provided that the revision is carried out on the basis of new, more reliable, scientific data; moreover, that revision should take into account other socio-economic, cultural and tourism-related criteria, for example with a view to safeguarding the special forms of fishing currently authorised under Regulation (EC) No 2341/2002 (2);

| 4. | Welcomes the decentralised approach promoted in the action plan, in particular the delegation of responsibility to Member States for the management of coastal fishing and the promotion of local measures to reduce the fishing effort; calls, further, for shared-stock fisheries to be extended solely on the basis of properly substantiated data; |
| --- | --- |

4.

Welcomes the decentralised approach promoted in the action plan, in particular the delegation of responsibility to Member States for the management of coastal fishing and the promotion of local measures to reduce the fishing effort; calls, further, for shared-stock fisheries to be extended solely on the basis of properly substantiated data;

| 5. | Regards as contradictory and counterproductive the proposal to extend the TAC system, whose limitations, in the context of the Mediterranean, the Commission itself has acknowledged; stresses the need for flexible instruments designed to achieve the same objectives; |
| --- | --- |

5.

Regards as contradictory and counterproductive the proposal to extend the TAC system, whose limitations, in the context of the Mediterranean, the Commission itself has acknowledged; stresses the need for flexible instruments designed to achieve the same objectives;

| 6. | Considers that the implications of introducing minimum sizes must be carefully assessed (particularly in the light of the objectives pursued under the Action Plan) and that alternative forms of management must also be studied, such as the legal use of specific, selective equipment; |
| --- | --- |

6.

Considers that the implications of introducing minimum sizes must be carefully assessed (particularly in the light of the objectives pursued under the Action Plan) and that alternative forms of management must also be studied, such as the legal use of specific, selective equipment;

| 7. | Welcomes the proposal that the future rules should also govern leisure fishing; however, such a step should not act as a deterrent to this activity, which generates substantial tourism-related earnings in some Mediterranean areas; as regards aquaculture, endorses the recommendations made in its resolution of 16 January 2003 on aquaculture in the European Union: present and future (2002/2058(INI)) (3); |
| --- | --- |

7.

Welcomes the proposal that the future rules should also govern leisure fishing; however, such a step should not act as a deterrent to this activity, which generates substantial tourism-related earnings in some Mediterranean areas; as regards aquaculture, endorses the recommendations made in its resolution of 16 January 2003 on aquaculture in the European Union: present and future (2002/2058(INI)) (3);

| 8. | Calls on the Commission to assess in greater depth the impact of the reform of the Common Fisheries Policy (CFP) on the Action Plan for the Mediterranean (with particular reference to the socioeconomic repercussions on the areas concerned) in order to contain the effects thereof, and for that purpose to make provision for, inter alia, innovative support measures such as the extension to the fisheries sector of the de minimis rule; |
| --- | --- |

8.

Calls on the Commission to assess in greater depth the impact of the reform of the Common Fisheries Policy (CFP) on the Action Plan for the Mediterranean (with particular reference to the socioeconomic repercussions on the areas concerned) in order to contain the effects thereof, and for that purpose to make provision for, inter alia, innovative support measures such as the extension to the fisheries sector of the de minimis rule;

| 9. | Calls on the Commission and the Member States, in the implementation of the Financial Instrument for Fisheries Guidance (FIFG), to favour as much as possible the small-scale fisheries sector, which is responsible for creating the most employment in the sector; |
| --- | --- |

9.

Calls on the Commission and the Member States, in the implementation of the Financial Instrument for Fisheries Guidance (FIFG), to favour as much as possible the small-scale fisheries sector, which is responsible for creating the most employment in the sector;

| 10. | Emphasises the need for the involvement of the Mediterranean third countries and for a multilateral approach to the management of Mediterranean fishery resources; calls for priority to be given to multilateral decision-making with a view to ensuring that the relevant objectives are achieved; this multilateral approach should also take account of the structural and organisational shortcomings of the fisheries sector in non-EU Mediterranean countries, by means of partnership projects and exchanges of good practice; |
| --- | --- |

10.

Emphasises the need for the involvement of the Mediterranean third countries and for a multilateral approach to the management of Mediterranean fishery resources; calls for priority to be given to multilateral decision-making with a view to ensuring that the relevant objectives are achieved; this multilateral approach should also take account of the structural and organisational shortcomings of the fisheries sector in non-EU Mediterranean countries, by means of partnership projects and exchanges of good practice;

| 11. | Applauds the proposal that organisations representing fishermen should join international fisheries bodies, including — as a matter of necessity — fishermen using small vessels, and supports the proposal to set up a Regional Advisory Council for the Mediterranean; hopes that these forums will not proliferate and that they will both continue to provide innovatory impetus and retain international credibility; |
| --- | --- |

11.

Applauds the proposal that organisations representing fishermen should join international fisheries bodies, including — as a matter of necessity — fishermen using small vessels, and supports the proposal to set up a Regional Advisory Council for the Mediterranean; hopes that these forums will not proliferate and that they will both continue to provide innovatory impetus and retain international credibility;

| 12. | Calls on the Commission not to encourage the establishment of new fisheries protection zones (FPZs) before having assessed, together with the Member States, their workability and the implications in the event of third countries taking a similar step; |
| --- | --- |

12.

Calls on the Commission not to encourage the establishment of new fisheries protection zones (FPZs) before having assessed, together with the Member States, their workability and the implications in the event of third countries taking a similar step;

| 13. | Regards the programme proposed by the Commission as ambitious in overall terms, in that it seeks to achieve objectives which are largely contingent on actions by third countries in a very short space of time, despite the fact that new, reliable scientific data is not yet available; |
| --- | --- |

13.

Regards the programme proposed by the Commission as ambitious in overall terms, in that it seeks to achieve objectives which are largely contingent on actions by third countries in a very short space of time, despite the fact that new, reliable scientific data is not yet available;

| 14. | Supports the Commission in its efforts to improve research and the compilation of scientific data; emphasises the need to coordinate research, not least by means of closer links with the GFCM, and to establish a ‘model’ for the Mediterranean which can be used to extrapolate reliable data (whilst remaining true to the specific characteristics of the region) which are directly applicable to management policies; calls, in particular, on the Commission to await the completion and subsequently take into account the study being drawn up at STOA's request concerning the effects of fishing with bottom trawls; |
| --- | --- |

14.

Supports the Commission in its efforts to improve research and the compilation of scientific data; emphasises the need to coordinate research, not least by means of closer links with the GFCM, and to establish a ‘model’ for the Mediterranean which can be used to extrapolate reliable data (whilst remaining true to the specific characteristics of the region) which are directly applicable to management policies; calls, in particular, on the Commission to await the completion and subsequently take into account the study being drawn up at STOA's request concerning the effects of fishing with bottom trawls;

| 15. | Considers that the extreme fragmentation of the market could be overcome if the centralisation of landing points were to be promoted — the practicalities of which would have to be compatible with the specific nature of the Mediterranean; supports, furthermore, the establishment of local data-collection networks in order to facilitate research in this area; |
| --- | --- |

15.

Considers that the extreme fragmentation of the market could be overcome if the centralisation of landing points were to be promoted — the practicalities of which would have to be compatible with the specific nature of the Mediterranean; supports, furthermore, the establishment of local data-collection networks in order to facilitate research in this area;

| 16. | Regrets the fact that greater consideration and support is not being given at Community level to an integrated approach to the management of coastal areas and calls on the Commission to study specific proposals concerning such an approach; calls for steps to be taken to promote studies into the impact on biodiversity and habitats of intense fishing activity in populated coastal areas with a view to apportioning responsibility and launching integrated management plans for coastal areas; |
| --- | --- |

16.

Regrets the fact that greater consideration and support is not being given at Community level to an integrated approach to the management of coastal areas and calls on the Commission to study specific proposals concerning such an approach; calls for steps to be taken to promote studies into the impact on biodiversity and habitats of intense fishing activity in populated coastal areas with a view to apportioning responsibility and launching integrated management plans for coastal areas;

| 17. | Calls on Member States to step up checks and to introduce much harsher penalties with a genuine deterrent effect for the purpose of combating illegal fishing, to equip themselves with the means of carrying out such monitoring work and to consider the possibility of fitting certain categories of commercial and recreational fishing vessels with VMS systems; calls on the Commission to liaise more closely with non-Mediterranean flag States whose vessels fish in the Mediterranean, with a view to limiting the adverse effects thereof; |
| --- | --- |

17.

Calls on Member States to step up checks and to introduce much harsher penalties with a genuine deterrent effect for the purpose of combating illegal fishing, to equip themselves with the means of carrying out such monitoring work and to consider the possibility of fitting certain categories of commercial and recreational fishing vessels with VMS systems; calls on the Commission to liaise more closely with non-Mediterranean flag States whose vessels fish in the Mediterranean, with a view to limiting the adverse effects thereof;

| 18. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

18.

Instructs its President to forward this resolution to the Council and the Commission.

---

(1)  OJ L 171, 6.7.1994, p. 1.

(2)  OJ L 356, 31.12.2002, p. 12.

(3)  P5_TA(2003)0022.

P5_TA(2003)0282

Structural Funds (2001)

European Parliament resolution on the thirteenth annual Commission Report on the Structural Funds(2001) (COM(2002) 591 — 2003/2019(INI))

The European Parliament,

| — | having regard to the thirteenth Commission report (COM(2002) 591), |
| --- | --- |

—

having regard to the thirteenth Commission report (COM(2002) 591),

| — | 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 Regional Policy, Transport and Tourism and the opinions of the Committee on Employment and Social Affairs and the Committee on Fisheries (A5-0186/2003), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Employment and Social Affairs and the Committee on Fisheries (A5-0186/2003),

| A. | whereas, although it was possible in 2001 to clear the backlog of payments predating 1994, the total volume of outstanding amounts is still far too large, |
| --- | --- |

A.

whereas, although it was possible in 2001 to clear the backlog of payments predating 1994, the total volume of outstanding amounts is still far too large,

| B. | whereas no reduction in the development gap can be observed in most Member States, although it is noticeable that the per capita GDP of all regions has moved closer to the Community average, |
| --- | --- |

B.

whereas no reduction in the development gap can be observed in most Member States, although it is noticeable that the per capita GDP of all regions has moved closer to the Community average,

| C. | whereas Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds (1) was amended by Regulation (EC) No 1447/2001 (2) and adapted (on the basis of Article 299 of the Treaty) in respect of the outermost regions, islands and areas, |
| --- | --- |

C.

whereas Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds (1) was amended by Regulation (EC) No 1447/2001 (2) and adapted (on the basis of Article 299 of the Treaty) in respect of the outermost regions, islands and areas,

| D. | whereas the selection criteria for eligibility for aid of Objective 1 regions need, with a view to the imminent enlargement of the EU, to be geared to the clearly calculable per capita GDP figure, with attention being paid to particular features of island and mountain regions and areas with low population densities, |
| --- | --- |

D.

whereas the selection criteria for eligibility for aid of Objective 1 regions need, with a view to the imminent enlargement of the EU, to be geared to the clearly calculable per capita GDP figure, with attention being paid to particular features of island and mountain regions and areas with low population densities,

| E. | whereas the persistence of relative inequalities within Member States clearly demonstrates the shortcomings in the implementation of the Structural Funds and the Cohesion Fund, |
| --- | --- |

E.

whereas the persistence of relative inequalities within Member States clearly demonstrates the shortcomings in the implementation of the Structural Funds and the Cohesion Fund,

| F. | whereas the constraints of economic and budgetary stability that require compliance with the Maastricht criteria, albeit an important measure for preserving currency stability, are sometimes used by the Member States as an excuse for cutting public investments, which are urgently needed particularly in less developed regions, thereby jeopardising in some cases the joint financing of EU projects, |
| --- | --- |

F.

whereas the constraints of economic and budgetary stability that require compliance with the Maastricht criteria, albeit an important measure for preserving currency stability, are sometimes used by the Member States as an excuse for cutting public investments, which are urgently needed particularly in less developed regions, thereby jeopardising in some cases the joint financing of EU projects,

| G. | whereas greater success was achieved with incorporating into structural policy the (economic, social and ecological) sustainability called for at the Gothenburg Summit, |
| --- | --- |

G.

whereas greater success was achieved with incorporating into structural policy the (economic, social and ecological) sustainability called for at the Gothenburg Summit,

| H. | whereas it has not been possible to lower unemployment rates in the EU, despite the decisions of the Lisbon European Council concerning the objective of full employment, |
| --- | --- |

H.

whereas it has not been possible to lower unemployment rates in the EU, despite the decisions of the Lisbon European Council concerning the objective of full employment,

| I. | whereas effective specific job creation plans for women are not being implemented, |
| --- | --- |

I.

whereas effective specific job creation plans for women are not being implemented,

| J. | whereas the thirteenth annual report for 2001 once again presents and evaluates the quantitative aspects (number of projects approved, level of commitment and payment appropriations) in differentiated form but does not produce any specific data about the qualitative improvements achieved in regional development, |
| --- | --- |

J.

whereas the thirteenth annual report for 2001 once again presents and evaluates the quantitative aspects (number of projects approved, level of commitment and payment appropriations) in differentiated form but does not produce any specific data about the qualitative improvements achieved in regional development,

| K. | whereas qualitative improvement of regional development constitutes a priority for the Union's economic and social development, particularly in the run-up to enlargement, |
| --- | --- |

K.

whereas qualitative improvement of regional development constitutes a priority for the Union's economic and social development, particularly in the run-up to enlargement,

| L. | whereas flexibility in applying the Structural Funds regulation must be further increased and it should be made possible to carry out redesignations among the various programmes, |
| --- | --- |

L.

whereas flexibility in applying the Structural Funds regulation must be further increased and it should be made possible to carry out redesignations among the various programmes,

| M. | whereas the simplifications made to administrative procedures have not yet yielded the expected results and particular criticism attaches to the lack of clarity over the division of powers and responsibilities between the Commission and Member States, |
| --- | --- |

M.

whereas the simplifications made to administrative procedures have not yet yielded the expected results and particular criticism attaches to the lack of clarity over the division of powers and responsibilities between the Commission and Member States,

| N. | whereas a balance has still not been achieved between the Commission and Member States in the monitoring of procedures and project results, |
| --- | --- |

N.

whereas a balance has still not been achieved between the Commission and Member States in the monitoring of procedures and project results,

| O. | whereas budgetary stability and especially the total avoidance of deficits in Member States which have Objective 1 regions cannot be achieved by cutting state investment and thereby infringing the additionality principle, |
| --- | --- |

O.

whereas budgetary stability and especially the total avoidance of deficits in Member States which have Objective 1 regions cannot be achieved by cutting state investment and thereby infringing the additionality principle,

Programme implementation

| 1. | Criticises the fact that it was not until 2001 that all the programming documentation for Objective 1, Objective 2, Objective 3 and the Community initiatives for 2000-2006 period was adopted, which meant unacceptable delay before it could be used by Member States; |
| --- | --- |

1.

Criticises the fact that it was not until 2001 that all the programming documentation for Objective 1, Objective 2, Objective 3 and the Community initiatives for 2000-2006 period was adopted, which meant unacceptable delay before it could be used by Member States;

| 2. | Deplores the fact that the thirteenth annual report (2001) fails to discuss the qualitative improvements brought about by means of the Structural Funds; |
| --- | --- |

2.

Deplores the fact that the thirteenth annual report (2001) fails to discuss the qualitative improvements brought about by means of the Structural Funds;

| 3. | Notes that this resulted in underuse of payment appropriations of on average 30% for Objectives 1 and 2 and 60% for Objective 3, whilst Community initiatives show an implementation rate of 89% for commitment and payment appropriations; |
| --- | --- |

3.

Notes that this resulted in underuse of payment appropriations of on average 30% for Objectives 1 and 2 and 60% for Objective 3, whilst Community initiatives show an implementation rate of 89% for commitment and payment appropriations;

| 4. | Notes that the first quarter of the new Structural Funds period 2000-2006 was taken up with preparatory programming and that actual spending is only expected to reach a steady level in 2004 — more than two-thirds into the period; |
| --- | --- |

4.

Notes that the first quarter of the new Structural Funds period 2000-2006 was taken up with preparatory programming and that actual spending is only expected to reach a steady level in 2004 — more than two-thirds into the period;

| 5. | Believes that this disrupts the flow of project work at ground level and demands that such problems be prevented in the future e.g. by separating the work on old and new programmes or through differentiated periods for different funding streams; truly radical options must be considered in the mid-term review of the Structural Funds to take place in 2003; |
| --- | --- |

5.

Believes that this disrupts the flow of project work at ground level and demands that such problems be prevented in the future e.g. by separating the work on old and new programmes or through differentiated periods for different funding streams; truly radical options must be considered in the mid-term review of the Structural Funds to take place in 2003;

| 6. | Notes that take-up under Objective 3, which the European Social Fund (ESF) finances alone, is particularly poor: just 40% of payments foreseen for 2000-2001 were made (compared to 70% under Objectives 1 and 2), with most of even this comprising the automatic advance from the Commission, thus not reflecting real implementation; asks if the Commission could do more to share information and good practice between the Directorates-General involved; |
| --- | --- |

6.

Notes that take-up under Objective 3, which the European Social Fund (ESF) finances alone, is particularly poor: just 40% of payments foreseen for 2000-2001 were made (compared to 70% under Objectives 1 and 2), with most of even this comprising the automatic advance from the Commission, thus not reflecting real implementation; asks if the Commission could do more to share information and good practice between the Directorates-General involved;

| 7. | Recognises that these problems are in part caused by welcome moves to decentralise the Funds but is concerned that Member States are not yet shouldering their new responsibilities — for example, audits/inspections in 2001 revealed ‘important differences in quality’ of national control work; |
| --- | --- |

7.

Recognises that these problems are in part caused by welcome moves to decentralise the Funds but is concerned that Member States are not yet shouldering their new responsibilities — for example, audits/inspections in 2001 revealed ‘important differences in quality’ of national control work;

| 8. | Takes note of the fact that, according to Commission findings, the Member States concentrated their efforts in 2001 on completion of the projects financed under the 1994-1999 programmes, which means that the delays in implementing the Structural Funds are attributable not only to guidance issued too late by the Commission and inadequate coordination between the Commission and Member States but also to decisions by the Member States; |
| --- | --- |

8.

Takes note of the fact that, according to Commission findings, the Member States concentrated their efforts in 2001 on completion of the projects financed under the 1994-1999 programmes, which means that the delays in implementing the Structural Funds are attributable not only to guidance issued too late by the Commission and inadequate coordination between the Commission and Member States but also to decisions by the Member States;

| 9. | Calls for a detailed analysis to be carried out in the Mid-Term Review of efficiency in the use of resources, coherence with other Community policies and the contribution of the funded projects to the sustainable development of the regions, and for the Commission, on the basis of the results of this analysis, to militate for changes in the programmes, with a view to improving the use of appropriations for sustainable regional development; |
| --- | --- |

9.

Calls for a detailed analysis to be carried out in the Mid-Term Review of efficiency in the use of resources, coherence with other Community policies and the contribution of the funded projects to the sustainable development of the regions, and for the Commission, on the basis of the results of this analysis, to militate for changes in the programmes, with a view to improving the use of appropriations for sustainable regional development;

| 10. | Calls on the Commission to examine whether, in the preparation of the Mid-Term Review, the partnership principle has been implemented for the individual programmes and whether the opinions of the partners have in fact influenced the Mid-Term Review; |
| --- | --- |

10.

Calls on the Commission to examine whether, in the preparation of the Mid-Term Review, the partnership principle has been implemented for the individual programmes and whether the opinions of the partners have in fact influenced the Mid-Term Review;

| 11. | Maintains that entire responsibility for the Structural Funds should be assigned to a single Directorate-General and a single minister in each Member State so as to improve coordination among the numerous departments involved at Community, national and regional level; |
| --- | --- |

11.

Maintains that entire responsibility for the Structural Funds should be assigned to a single Directorate-General and a single minister in each Member State so as to improve coordination among the numerous departments involved at Community, national and regional level;

| 12. | Calls on the Commission, in the light of the heavy demand for projects involving innovative measures under the ERDF (European Regional Development Fund), to top up the total funding of EUR 400 million earmarked for this programme by reallocating resources at the expense of programmes that are less in demand; |
| --- | --- |

12.

Calls on the Commission, in the light of the heavy demand for projects involving innovative measures under the ERDF (European Regional Development Fund), to top up the total funding of EUR 400 million earmarked for this programme by reallocating resources at the expense of programmes that are less in demand;

Coordination with other financial instruments

| 13. | Welcomes the fact that the Member States have, at the Commission's urging, drawn up strategic framework plans for coordinating measures under the Cohesion and Structural Funds and calls for these framework plans to be integrated generally into the operational programmes of the Structural Funds; |
| --- | --- |

13.

Welcomes the fact that the Member States have, at the Commission's urging, drawn up strategic framework plans for coordinating measures under the Cohesion and Structural Funds and calls for these framework plans to be integrated generally into the operational programmes of the Structural Funds;

| 14. | Welcomes the close coordination with the EIB (European Investment Bank) and the EIF (European Investment Fund) which has led to the allocation of additional funding for EU projects totalling EUR 31,2 billion, including EUR 14.5 billion in individual loans and EUR 5 billion in global loans in the most disadvantaged regions; endorses the practice of calling on bank experts for rapid evaluations of major projects under the Structural Funds and generally advocates their greater involvement in audit and financial control; |
| --- | --- |

14.

Welcomes the close coordination with the EIB (European Investment Bank) and the EIF (European Investment Fund) which has led to the allocation of additional funding for EU projects totalling EUR 31,2 billion, including EUR 14.5 billion in individual loans and EUR 5 billion in global loans in the most disadvantaged regions; endorses the practice of calling on bank experts for rapid evaluations of major projects under the Structural Funds and generally advocates their greater involvement in audit and financial control;

| 15. | Is in favour of the EIF guaranteeing all portfolios involving loans and the venture capital fund for SMEs; is also in favour of expanding the areas of intervention, in particular to cover support for seed capital funds and to include research and development in the allocation of micro-loans; notes, however, that the EIF's lending conditions have in some cases proved unsuitable, particularly for poor regions where there is no capital base or very high unemployment, or in cases where women wish to set up their own businesses; considers it of urgent importance, therefore, that other forms of venture capital should be tried; |
| --- | --- |

15.

Is in favour of the EIF guaranteeing all portfolios involving loans and the venture capital fund for SMEs; is also in favour of expanding the areas of intervention, in particular to cover support for seed capital funds and to include research and development in the allocation of micro-loans; notes, however, that the EIF's lending conditions have in some cases proved unsuitable, particularly for poor regions where there is no capital base or very high unemployment, or in cases where women wish to set up their own businesses; considers it of urgent importance, therefore, that other forms of venture capital should be tried;

| 16. | Shares the approach of deploying resources from the Cohesion Fund, the ERDF and the ISPA (Investment for Structural Policies for Pre-Accession) programme in a focussed manner as part of TEN (Trans-European Networks) in the accession countries with a view to boosting environmentally safe modes of transport, modernising infrastructure and substantially expanding links with the accession countries; |
| --- | --- |

16.

Shares the approach of deploying resources from the Cohesion Fund, the ERDF and the ISPA (Investment for Structural Policies for Pre-Accession) programme in a focussed manner as part of TEN (Trans-European Networks) in the accession countries with a view to boosting environmentally safe modes of transport, modernising infrastructure and substantially expanding links with the accession countries;

| 17. | Takes note of the Commission's efforts to support improved connections between regional railway lines and the TEN but calls for an integrated plan of transport routes agreed with the Member States to be produced; |
| --- | --- |

17.

Takes note of the Commission's efforts to support improved connections between regional railway lines and the TEN but calls for an integrated plan of transport routes agreed with the Member States to be produced;

Compatibility with other Community policies

| 18. | Criticises the fact that the poor start to the new Structural Fund period has considerably hampered ESF projects in the regions; calls for the presentation of new planning options at the mid-term review in order to avoid any future repetition of this situation; |
| --- | --- |

18.

Criticises the fact that the poor start to the new Structural Fund period has considerably hampered ESF projects in the regions; calls for the presentation of new planning options at the mid-term review in order to avoid any future repetition of this situation;

| 19. | Enjoins the Member States to make the Lisbon process for the attainment of full employment more the centrepiece of their employment policy and calls in this connection on the Commission to propose measures for achieving synergies between the European Employment Strategy and the National Action Plans (NAPs); |
| --- | --- |

19.

Enjoins the Member States to make the Lisbon process for the attainment of full employment more the centrepiece of their employment policy and calls in this connection on the Commission to propose measures for achieving synergies between the European Employment Strategy and the National Action Plans (NAPs);

| 20. | Insists that better synergies between the ESF and the European Employment Strategy (EES) be developed; full exploitation of the ESF requires a qualitative understanding of its impact — and yet no mention is made of the Commission's 2001 Communication (COM(2001) 16) that attempted to analyse the ESF in 2000-2006 by reference to the EES; |
| --- | --- |

20.

Insists that better synergies between the ESF and the European Employment Strategy (EES) be developed; full exploitation of the ESF requires a qualitative understanding of its impact — and yet no mention is made of the Commission's 2001 Communication (COM(2001) 16) that attempted to analyse the ESF in 2000-2006 by reference to the EES;

| 21. | Expects that the Social Fund contribution to the European Employment Strategy will in future also be assessed qualitatively, the better to evaluate the innovative character of the Social Fund; |
| --- | --- |

21.

Expects that the Social Fund contribution to the European Employment Strategy will in future also be assessed qualitatively, the better to evaluate the innovative character of the Social Fund;

| 22. | Notes the work done in 2001-2002 on preparing for and launching the EQUAL Community Initiative and particularly welcomes the participation of Hungary and the Czech Republic; trusts that the Commission will be making a more fulsome report evaluating the preparation and implementation of the first of the two rounds of EQUAL and, in particular, the impact and/or value added of the ‘transnational’ requirement for EQUAL Development Partnerships; |
| --- | --- |

22.

Notes the work done in 2001-2002 on preparing for and launching the EQUAL Community Initiative and particularly welcomes the participation of Hungary and the Czech Republic; trusts that the Commission will be making a more fulsome report evaluating the preparation and implementation of the first of the two rounds of EQUAL and, in particular, the impact and/or value added of the ‘transnational’ requirement for EQUAL Development Partnerships;

| 23. | Is concerned that only 30% of bids for Article 6 ESF innovative projects in the first round were selected (compared to around 80% under the ERDF), implying considerable wasted effort by project promoters; asks therefore whether the Commission is offering adequate pre-application guidance; further asks whether any follow-up has been given to the EP's repeated request for an in-depth evaluation of the implementation of innovative measures in previous periods as a basis for their more effective development in the future (3); |
| --- | --- |

23.

Is concerned that only 30% of bids for Article 6 ESF innovative projects in the first round were selected (compared to around 80% under the ERDF), implying considerable wasted effort by project promoters; asks therefore whether the Commission is offering adequate pre-application guidance; further asks whether any follow-up has been given to the EP's repeated request for an in-depth evaluation of the implementation of innovative measures in previous periods as a basis for their more effective development in the future (3);

| 24. | Commends the strong attention given to gender equality (through the double principle of gender mainstreaming and specific measures for women) in the ESF Regulation; understands, however, that the use of gender mainstreaming in the programming and implementation stages, even in the ESF, has been disappointing; believes that analysing proposed budgets by gender will be an important future development; urges that the other Structural Funds should catch up in terms of both promoting projects for women and reflecting gender in future regulations; |
| --- | --- |

24.

Commends the strong attention given to gender equality (through the double principle of gender mainstreaming and specific measures for women) in the ESF Regulation; understands, however, that the use of gender mainstreaming in the programming and implementation stages, even in the ESF, has been disappointing; believes that analysing proposed budgets by gender will be an important future development; urges that the other Structural Funds should catch up in terms of both promoting projects for women and reflecting gender in future regulations;

| 25. | Calls on the Commission to examine whether the award of structural funds is in line with the Community principle of equality of opportunity between men and women, and whether the promotion of women's employment in all funds reflects the proportion of the unemployed which they make up; calls, therefore, for a report to be submitted to Parliament on this subject; calls further on the Commission to examine, in that report, whether the promotion of women founding businesses takes place on the basis of the principle of equal opportunities; urges the Member States to implement effective specific programmes to create jobs for women; |
| --- | --- |

25.

Calls on the Commission to examine whether the award of structural funds is in line with the Community principle of equality of opportunity between men and women, and whether the promotion of women's employment in all funds reflects the proportion of the unemployed which they make up; calls, therefore, for a report to be submitted to Parliament on this subject; calls further on the Commission to examine, in that report, whether the promotion of women founding businesses takes place on the basis of the principle of equal opportunities; urges the Member States to implement effective specific programmes to create jobs for women;

| 26. | Welcomes the Commission's attempt to establish a framework for the NAPs and awaits a detailed analysis of the linkage between regional development and employment policy; |
| --- | --- |

26.

Welcomes the Commission's attempt to establish a framework for the NAPs and awaits a detailed analysis of the linkage between regional development and employment policy;

| 27. | Welcomes the fact that in 2001 for the first time the effectiveness of the process of integrating environmental concerns into Structural Policy was evaluated and good results were recorded; calls on the Commission to monitor more strictly the full and early implementation of environmental impact assessments; |
| --- | --- |

27.

Welcomes the fact that in 2001 for the first time the effectiveness of the process of integrating environmental concerns into Structural Policy was evaluated and good results were recorded; calls on the Commission to monitor more strictly the full and early implementation of environmental impact assessments;

| 28. | Calls on Member States to make a general practice of, and to apply, the best experience acquired in constructing networks between regional and national environmental authorities in all areas of decentralised structural policy management; |
| --- | --- |

28.

Calls on Member States to make a general practice of, and to apply, the best experience acquired in constructing networks between regional and national environmental authorities in all areas of decentralised structural policy management;

| 29. | Takes the view that Structural Fund measures of direct benefit to undertakings should not be allowed to conflict with EU competition law only once a certain size of project is reached; urges that these rules be applied very flexibly in the interests of regional aid objectives; |
| --- | --- |

29.

Takes the view that Structural Fund measures of direct benefit to undertakings should not be allowed to conflict with EU competition law only once a certain size of project is reached; urges that these rules be applied very flexibly in the interests of regional aid objectives;

| 30. | Considers that there is a an urgent need for improved coordination of structural interventions with other Community instruments for the sustainable development of rural areas, and calls in this connection for greater use to be made of the forum developed in the Leader programme as an approach to the participation of the various actors; |
| --- | --- |

30.

Considers that there is a an urgent need for improved coordination of structural interventions with other Community instruments for the sustainable development of rural areas, and calls in this connection for greater use to be made of the forum developed in the Leader programme as an approach to the participation of the various actors;

| 31. | Calls on the Commission to step up its work on reform of the procedural rules for Council Regulation (EC) No 994/98 (4) on the application of Articles 92 and 93 of the Treaty to certain categories of horizontal state aid and, for example, to include aid for further vocational training of staff, the reintegration of the unemployed and market access for SMEs; |
| --- | --- |

31.

Calls on the Commission to step up its work on reform of the procedural rules for Council Regulation (EC) No 994/98 (4) on the application of Articles 92 and 93 of the Treaty to certain categories of horizontal state aid and, for example, to include aid for further vocational training of staff, the reintegration of the unemployed and market access for SMEs;

| 32. | Recommends that comparable rules be applied to aid intended solely for regional development as in the case of the award of public procurement contracts; |
| --- | --- |

32.

Recommends that comparable rules be applied to aid intended solely for regional development as in the case of the award of public procurement contracts;

| 33. | Welcomes the implementation of the Lisbon strategy (e-Europe) with the earmarking of EUR 6 billion for 2000-2006 for the development of the information society since this can help overcome the development deficit, particularly in the Objective 1 areas; |
| --- | --- |

33.

Welcomes the implementation of the Lisbon strategy (e-Europe) with the earmarking of EUR 6 billion for 2000-2006 for the development of the information society since this can help overcome the development deficit, particularly in the Objective 1 areas;

Evaluation and monitoring

| 34. | Notes that the most successful programmes are based on simple and effective procedures that are also proportionate to the financial volume; |
| --- | --- |

34.

Notes that the most successful programmes are based on simple and effective procedures that are also proportionate to the financial volume;

| 35. | Points out that the Commission, together with the Member States, is developing procedures to prevent payments from being executed without monitoring of expenditure, and calls for the intensity of reasonable financial controls to be stepped up and infringements by Member States in allocating appropriations to be dealt with through sanctions; |
| --- | --- |

35.

Points out that the Commission, together with the Member States, is developing procedures to prevent payments from being executed without monitoring of expenditure, and calls for the intensity of reasonable financial controls to be stepped up and infringements by Member States in allocating appropriations to be dealt with through sanctions;

| 36. | Urges the Commission to bring greater pressure to bear on the Member States to develop computer-aided accounting systems enabling a uniform comparative analysis to be made of national financial and monitoring systems; |
| --- | --- |

36.

Urges the Commission to bring greater pressure to bear on the Member States to develop computer-aided accounting systems enabling a uniform comparative analysis to be made of national financial and monitoring systems;

| 37. | Commends the Commission's emphasis on partnership with and within Member States at all stages of the Funds; asks for a frank, thorough analysis of the problems hinted at by the Commission in terms of how partnership should work at the implementation stage; and requests more information on the participation of NGOs in the Management Committees, including participation by NGOs representing discriminated and socially excluded groups; |
| --- | --- |

37.

Commends the Commission's emphasis on partnership with and within Member States at all stages of the Funds; asks for a frank, thorough analysis of the problems hinted at by the Commission in terms of how partnership should work at the implementation stage; and requests more information on the participation of NGOs in the Management Committees, including participation by NGOs representing discriminated and socially excluded groups;

| 38. | Awaits clarification from the Commission, despite the progress achieved in cooperating with Member States, as to how the principle of partnership is realised in the course of programme implementation; |
| --- | --- |

38.

Awaits clarification from the Commission, despite the progress achieved in cooperating with Member States, as to how the principle of partnership is realised in the course of programme implementation;

| 39. | Awaits an estimate from the Commission at the mid-term review of the Structural Funds and operational programmes as to how Regulation (EC) No 1260/1999 has actually helped to simplify procedures, enhance quality and boost transparency; |
| --- | --- |

39.

Awaits an estimate from the Commission at the mid-term review of the Structural Funds and operational programmes as to how Regulation (EC) No 1260/1999 has actually helped to simplify procedures, enhance quality and boost transparency;

| 40. | Calls on the Commission, with a view to clarifying responsibilities between the Commission and Member States, to carry out a full review not only of procedures but also of existing legislation and to lay down a framework before commencement of the next programming period; |
| --- | --- |

40.

Calls on the Commission, with a view to clarifying responsibilities between the Commission and Member States, to carry out a full review not only of procedures but also of existing legislation and to lay down a framework before commencement of the next programming period;

| 41. | Notes that one reason for difficulties in the implementation of structural fund appropriations arises from the interface between national rules and EU legislation; the regulation of details at EU level unnecessarily restricts the scope for national bodies to act, which in turn reduces effectiveness; |
| --- | --- |

41.

Notes that one reason for difficulties in the implementation of structural fund appropriations arises from the interface between national rules and EU legislation; the regulation of details at EU level unnecessarily restricts the scope for national bodies to act, which in turn reduces effectiveness;

| 42. | Calls on the Member States to adopt measures at national, regional and local level over an appropriate period of time in order to implement the Commission recommendations on simplification of administrative procedures and standardised information; |
| --- | --- |

42.

Calls on the Member States to adopt measures at national, regional and local level over an appropriate period of time in order to implement the Commission recommendations on simplification of administrative procedures and standardised information;

| 43. | Supports the Commission's proposal to apply a penalty system in cases where the discrepancy between Member States' financial forecasts and the actual situation exceeds 25%; |
| --- | --- |

43.

Supports the Commission's proposal to apply a penalty system in cases where the discrepancy between Member States' financial forecasts and the actual situation exceeds 25%;

Challenges of enlargement

| 44. | Values the evidence that structural policies help reduce economic disparities between Member States (though disparities between regions within Member States have grown — and the Commission should amend existing allocation criteria so as to reduce these disparities); requests more such ‘impact’ analysis; notes that this will be of key importance from 2004 when the area/population of the EU will have increased by one third but its GDP by only 5%; indeed, given the current income-related criteria for Objective 1 status and the effect of the accession of the new Member States (i.e. to raise existing Member States' relative income levels against the enlarged EU average), calls for transitional measures to be developed for regions that currently have Objective 1 status but that might no longer qualify in the future; |
| --- | --- |

44.

Values the evidence that structural policies help reduce economic disparities between Member States (though disparities between regions within Member States have grown — and the Commission should amend existing allocation criteria so as to reduce these disparities); requests more such ‘impact’ analysis; notes that this will be of key importance from 2004 when the area/population of the EU will have increased by one third but its GDP by only 5%; indeed, given the current income-related criteria for Objective 1 status and the effect of the accession of the new Member States (i.e. to raise existing Member States' relative income levels against the enlarged EU average), calls for transitional measures to be developed for regions that currently have Objective 1 status but that might no longer qualify in the future;

| 45. | Points out that, with a view to future full involvement of the accession countries in EU structural and cohesion policy and in view of already existing shortcomings in national administrative and monitoring procedures and in interministerial coordination where the utilisation of EU aid funding is concerned, it is absolutely essential that comprehensive measures be taken on the part of the Commission to prepare and train staff in order to guarantee proper management of the European Funds; |
| --- | --- |

45.

Points out that, with a view to future full involvement of the accession countries in EU structural and cohesion policy and in view of already existing shortcomings in national administrative and monitoring procedures and in interministerial coordination where the utilisation of EU aid funding is concerned, it is absolutely essential that comprehensive measures be taken on the part of the Commission to prepare and train staff in order to guarantee proper management of the European Funds;

| 46. | Calls on the Commission to give the new Member States the option of drawing up their single programming documents as early as possible so as to ensure that delays do not already start to occur in the first year of programme implementation; |
| --- | --- |

46.

Calls on the Commission to give the new Member States the option of drawing up their single programming documents as early as possible so as to ensure that delays do not already start to occur in the first year of programme implementation;

| 47. | Requests the Commission to publish, on a regular basis, an updated account of the projects being financed by the Member States in the fisheries sector, including details of the amounts spent for each measure; |
| --- | --- |

47.

Requests the Commission to publish, on a regular basis, an updated account of the projects being financed by the Member States in the fisheries sector, including details of the amounts spent for each measure;

| 48. | Calls upon the Commission to conduct a detailed analysis of the operations financed under the previous FIFG (Financial Instrument for Fisheries Guidance) (1994-1999) and the extent to which they contributed to the objectives of the Common Fisheries Policy. |
| --- | --- |

48.

Calls upon the Commission to conduct a detailed analysis of the operations financed under the previous FIFG (Financial Instrument for Fisheries Guidance) (1994-1999) and the extent to which they contributed to the objectives of the Common Fisheries Policy.

*

- *

| 49. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

49.

Instructs its President to forward this resolution to the Council and the Commission.

---

(1)  OJ L 161, 26.6.1991, p. 1.

(2)  OJ L 198, 21.7.2001, p. 1.

(3)  OJ C 112 E, 9.5.2002, p. 193.

(4)  OJ L 142, 14.5.1998, p. 1.

P5_TA(2003)0283

Cohesion Fund (2001)

European Parliament resolution on the Commission's Annual Report on the Cohesion Fund (2001) (COM(2002) 557 — 2003/2020(INI))

The European Parliament,

| — | having regard to the Commission report (COM(2002) 557 — C5-0024/2003), |
| --- | --- |

—

having regard to the Commission report (COM(2002) 557 — C5-0024/2003),

| — | having regard to Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund (1), |
| --- | --- |

—

having regard to Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund (1),

| — | having regard to Rule 47(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 47(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinion of the Committee on Women's Rights and Equal Opportunities (A5-0184/2003), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinion of the Committee on Women's Rights and Equal Opportunities (A5-0184/2003),

| A. | whereas regional imbalances constitute both a political and an economic threat to the European Union's political and economic integration and cohesion project, |
| --- | --- |

A.

whereas regional imbalances constitute both a political and an economic threat to the European Union's political and economic integration and cohesion project,

| B. | whereas, as part of the EU's employment strategy, the Cohesion Fund should create more training opportunities and jobs in the environmental and transport sectors, especially for the least qualified citizens, |
| --- | --- |

B.

whereas, as part of the EU's employment strategy, the Cohesion Fund should create more training opportunities and jobs in the environmental and transport sectors, especially for the least qualified citizens,

| C. | whereas, in its Agenda 2000 Communication, the Commission retained the priority policy goal of promoting economic and social cohesion, first introduced by the Single European Act (2) and consolidated by the Maastricht Treaty on European Union into one of the three pillars of European integration, |
| --- | --- |

C.

whereas, in its Agenda 2000 Communication, the Commission retained the priority policy goal of promoting economic and social cohesion, first introduced by the Single European Act (2) and consolidated by the Maastricht Treaty on European Union into one of the three pillars of European integration,

| D. | whereas the second paragraph of Article 161 of the EC Treaty provides for the setting-up of ‘a Cohesion Fund to provide a financial contribution to projects in the fields of environment and trans- European networks in the area of transport infrastructure’, |
| --- | --- |

D.

whereas the second paragraph of Article 161 of the EC Treaty provides for the setting-up of ‘a Cohesion Fund to provide a financial contribution to projects in the fields of environment and trans- European networks in the area of transport infrastructure’,

| E. | whereas the Cohesion Fund is complemented in Articles 155 and 175 of the EC Treaty by provisions concerning the trans-European networks and environmental policy, |
| --- | --- |

E.

whereas the Cohesion Fund is complemented in Articles 155 and 175 of the EC Treaty by provisions concerning the trans-European networks and environmental policy,

| F. | whereas the main aim of the Cohesion Fund was to help the countries with the greatest structural disadvantages, |
| --- | --- |

F.

whereas the main aim of the Cohesion Fund was to help the countries with the greatest structural disadvantages,

| G. | whereas the beneficiaries of the Fund must have a per capita GNP lower than 90% of the Community average and adopt a convergence programme with a view to meeting the nominal criteria for EMU (Economic and Monetary Union) laid down in Article 104 of the EC Treaty, |
| --- | --- |

G.

whereas the beneficiaries of the Fund must have a per capita GNP lower than 90% of the Community average and adopt a convergence programme with a view to meeting the nominal criteria for EMU (Economic and Monetary Union) laid down in Article 104 of the EC Treaty,

| H. | whereas the Cohesion Fund helps to strengthen the Community's economic and social cohesion; whereas it contributes financially to the implementation of projects in a balanced fashion in the area of the environment and that of the trans-European networks as regards shared-interest transport infrastructure, |
| --- | --- |

H.

whereas the Cohesion Fund helps to strengthen the Community's economic and social cohesion; whereas it contributes financially to the implementation of projects in a balanced fashion in the area of the environment and that of the trans-European networks as regards shared-interest transport infrastructure,

| I. | whereas, pursuant to the general regulation on the Structural Funds, in its efforts to strengthen economic and social cohesion, the Community should also seek to promote equality between men and women, and whereas this action contributes to the elimination of inequalities and the promotion of equality between men and women; whereas the regulations on the Structural Funds reflect the Amsterdam Treaty obligations regarding horizontal integration of the equal opportunities dimension in all Community actions and programmes (gender mainstreaming), |
| --- | --- |

I.

whereas, pursuant to the general regulation on the Structural Funds, in its efforts to strengthen economic and social cohesion, the Community should also seek to promote equality between men and women, and whereas this action contributes to the elimination of inequalities and the promotion of equality between men and women; whereas the regulations on the Structural Funds reflect the Amsterdam Treaty obligations regarding horizontal integration of the equal opportunities dimension in all Community actions and programmes (gender mainstreaming),

| 1. | Welcomes the Annual Report as an essential tool in assessing the activities of the Cohesion Fund; |
| --- | --- |

1.

Welcomes the Annual Report as an essential tool in assessing the activities of the Cohesion Fund;

| 2. | Recognises that enlargement will have a major impact on the functioning of the Cohesion Fund, in that from 2004 all the current ISPA (Instrument for Structural Policies for Pre-Accession) countries plus Cyprus and Malta will, upon accession, immediately become eligible for assistance from it; |
| --- | --- |

2.

Recognises that enlargement will have a major impact on the functioning of the Cohesion Fund, in that from 2004 all the current ISPA (Instrument for Structural Policies for Pre-Accession) countries plus Cyprus and Malta will, upon accession, immediately become eligible for assistance from it;

| 3. | Notes that Ireland will lose its funding under the Cohesion Fund in 2003 because it has risen above 90% of average Community income, calculated with reference to the 15 countries currently making up the European Union; |
| --- | --- |

3.

Notes that Ireland will lose its funding under the Cohesion Fund in 2003 because it has risen above 90% of average Community income, calculated with reference to the 15 countries currently making up the European Union;

| 4. | Considers that enlargement will also present fresh challenges and that given the major structural weaknesses of many of the candidate countries in the transport sector, it is necessary to maintain a balance between transport and environmental projects; |
| --- | --- |

4.

Considers that enlargement will also present fresh challenges and that given the major structural weaknesses of many of the candidate countries in the transport sector, it is necessary to maintain a balance between transport and environmental projects;

| 5. | Believes, moreover, that despite increasing pressure within the transport sector, investment in the rail sector must not be neglected; |
| --- | --- |

5.

Believes, moreover, that despite increasing pressure within the transport sector, investment in the rail sector must not be neglected;

| 6. | Calls on the Commission to exercise vigilance and to apply all appropriate pressure in order to maintain equilibrium between transport and environmental projects in the dispersal of funds; |
| --- | --- |

6.

Calls on the Commission to exercise vigilance and to apply all appropriate pressure in order to maintain equilibrium between transport and environmental projects in the dispersal of funds;

| 7. | Considers that the Cohesion Fund must be used to implement major measures in the environmental and transport sectors in affected regions in order to fulfil the EU priority of creating increased and sustainable employment and social cohesion; |
| --- | --- |

7.

Considers that the Cohesion Fund must be used to implement major measures in the environmental and transport sectors in affected regions in order to fulfil the EU priority of creating increased and sustainable employment and social cohesion;

| 8. | Notes that Portugal's 4,1% deficit in 2001 raised, for the first time, the question of a possible suspension of funding; |
| --- | --- |

8.

Notes that Portugal's 4,1% deficit in 2001 raised, for the first time, the question of a possible suspension of funding;

| 9. | Calls on the Portuguese authorities to take such steps as are necessary so as to ensure that this situation does not reoccur; |
| --- | --- |

9.

Calls on the Portuguese authorities to take such steps as are necessary so as to ensure that this situation does not reoccur;

| 10. | Considers that the financial execution of the Fund in 2001 was generally acceptable but could be improved and believes, nevertheless, that the issue of outstanding commitments to be paid (RAL) remains a serious weakness; |
| --- | --- |

10.

Considers that the financial execution of the Fund in 2001 was generally acceptable but could be improved and believes, nevertheless, that the issue of outstanding commitments to be paid (RAL) remains a serious weakness;

| 11. | Congratulates the Commission on its considerable efforts to tackle the problem, in particular through the setting-up of a ‘Task Force’ in DG Regio in April 2002; |
| --- | --- |

11.

Congratulates the Commission on its considerable efforts to tackle the problem, in particular through the setting-up of a ‘Task Force’ in DG Regio in April 2002;

| 12. | Calls on the Commission, however, to take more steps to ensure that Member States not only effectively assess the quality of projects put forward for assistance (cost-benefit analysis), but also rigorously define the practicable deadlines; |
| --- | --- |

12.

Calls on the Commission, however, to take more steps to ensure that Member States not only effectively assess the quality of projects put forward for assistance (cost-benefit analysis), but also rigorously define the practicable deadlines;

| 13. | Points out that the 2003 mid-term review of the activities of the Cohesion Fund, which is planned to coincide with a similar exercise for the Structural Funds, should provide an opportunity to assess the value of its activities; |
| --- | --- |

13.

Points out that the 2003 mid-term review of the activities of the Cohesion Fund, which is planned to coincide with a similar exercise for the Structural Funds, should provide an opportunity to assess the value of its activities;

| 14. | Reminds the Commission of its undertaking to provide Parliament with a report on its ex post evaluations of individual projects, in order to give a global view of the effectiveness and impact of the Fund; |
| --- | --- |

14.

Reminds the Commission of its undertaking to provide Parliament with a report on its ex post evaluations of individual projects, in order to give a global view of the effectiveness and impact of the Fund;

| 15. | Considers that control of the Fund's activities on the ground still needs to be intensified and that the number of audits carried out in 2001 was insufficient; |
| --- | --- |

15.

Considers that control of the Fund's activities on the ground still needs to be intensified and that the number of audits carried out in 2001 was insufficient;

| 16. | Comprehends, to a degree, the transitional problems which followed the Commission's reorganisation and the splitting-up of DG Audit; |
| --- | --- |

16.

Comprehends, to a degree, the transitional problems which followed the Commission's reorganisation and the splitting-up of DG Audit;

| 17. | Calls, however, on the Commission to now ensure that the inspection of projects is undertaken, as it has promised, in a much more intensive fashion; |
| --- | --- |

17.

Calls, however, on the Commission to now ensure that the inspection of projects is undertaken, as it has promised, in a much more intensive fashion;

| 18. | Stresses the continuing need for rigorous checks to ensure that the rules of transparency are observed in relation to public contracts; |
| --- | --- |

18.

Stresses the continuing need for rigorous checks to ensure that the rules of transparency are observed in relation to public contracts;

| 19. | Believes that reporting of the Fund's activities can still be improved; |
| --- | --- |

19.

Believes that reporting of the Fund's activities can still be improved;

| 20. | Reiterates therefore its call on the Commission, when it submits forthcoming reports, to give more detailed information concerning the projects financed, their contribution to ensuring compliance with Community environmental law, the resources employed to eliminate bottlenecks in the transport sector and the extent to which rail projects have resulted in a shift away from road transport; |
| --- | --- |

20.

Reiterates therefore its call on the Commission, when it submits forthcoming reports, to give more detailed information concerning the projects financed, their contribution to ensuring compliance with Community environmental law, the resources employed to eliminate bottlenecks in the transport sector and the extent to which rail projects have resulted in a shift away from road transport;

| 21. | Reminds the Commission to forward to Parliament the assessment of the economic impact of Cohesion Fund assistance with regard to both individual projects and overall activity, including the impact on the least qualified workers; |
| --- | --- |

21.

Reminds the Commission to forward to Parliament the assessment of the economic impact of Cohesion Fund assistance with regard to both individual projects and overall activity, including the impact on the least qualified workers;

| 22. | Regrets once more the fact that the report gives no specific details concerning the appropriations outstanding under the Cohesion Fund; |
| --- | --- |

22.

Regrets once more the fact that the report gives no specific details concerning the appropriations outstanding under the Cohesion Fund;

| 23. | Believes that transparency could be further enhanced by the inclusion in the report of a historical overview of the Fund's activities and by the addition of a full statistical annex, which would allow comparison between the different Member States on the basis of complete and corresponding figures; |
| --- | --- |

23.

Believes that transparency could be further enhanced by the inclusion in the report of a historical overview of the Fund's activities and by the addition of a full statistical annex, which would allow comparison between the different Member States on the basis of complete and corresponding figures;

| 24. | Calls, therefore, on the Commission to ensure that future annual reports respect Parliament's wishes for more detail, more complete statistical information and greater evaluation of the Fund's activities; |
| --- | --- |

24.

Calls, therefore, on the Commission to ensure that future annual reports respect Parliament's wishes for more detail, more complete statistical information and greater evaluation of the Fund's activities;

| 25. | Instructs its President to forward this resolution to the Council, the Commission and the governments of Greece, Spain, Ireland and Portugal. |
| --- | --- |

25.

Instructs its President to forward this resolution to the Council, the Commission and the governments of Greece, Spain, Ireland and Portugal.

---

(1)  OJ L 130, 25.5.1994, p. 1.

(2)  OJ L 169, 29.6.1987, p. 9.

P5_TA(2003)0284

Control of salmonella and other food-borne zoonotic agents ***II

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council regulation on the control of salmonella and other specified food-borne zoonotic agents (14857/1/2002 — C5-0083/2003 — 2001/0177(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (14857/1/2002 — C5-0083/2003) (1), |
| --- | --- |

—

having regard to the Council common position (14857/1/2002 — C5-0083/2003) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001) 452) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001) 452) (3),

| — | having regard to the Commission's amended proposal (COM(2002) 684) (4), |
| --- | --- |

—

having regard to the Commission's amended proposal (COM(2002) 684) (4),

| — | having regard to Article 251(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty,

| — | having regard to Rule 80 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 80 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0195/2003), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0195/2003),

| 1. | Amends the common position as follows; |
| --- | --- |

1.

Amends the common position as follows;

| 2. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

2.

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

---

(1)  OJ C 90 E, 15.4.2003, p. 25.

(2)  P5_TA(2002)0236.

(3)  OJ C 304 E, 30.10.2001, p. 260.

(4)  Not yet published in the OJ.

P5_TC2-COD(2001)0177

Position of the European Parliament adopted at second reading on 19 June 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2003 on the control of salmonella and other specified food-borne zoonotic agents

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b) thereof,

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

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

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | Live animals and food of animal origin appear on the list in Annex I to the Treaty. Livestock farming and the placing on the market of food of animal origin constitute an important source of income for farmers. The implementation of veterinary measures aimed at raising the level of public and animal health in the Community assists the rational development of the farming sector. |
| --- | --- |

(1)

Live animals and food of animal origin appear on the list in Annex I to the Treaty. Livestock farming and the placing on the market of food of animal origin constitute an important source of income for farmers. The implementation of veterinary measures aimed at raising the level of public and animal health in the Community assists the rational development of the farming sector.

| (2) | The protection of human health against diseases and infections transmissible directly or indirectly between animals and humans (zoonoses) is of paramount importance. |
| --- | --- |

(2)

The protection of human health against diseases and infections transmissible directly or indirectly between animals and humans (zoonoses) is of paramount importance.

| (3) | Zoonoses transmissible through food may cause human suffering, as well as economic losses to food production and the food industry. |
| --- | --- |

(3)

Zoonoses transmissible through food may cause human suffering, as well as economic losses to food production and the food industry.

| (4) | Zoonoses transmitted through sources other than food, especially from wild animal and pet animal populations, are also a matter of concern. |
| --- | --- |

(4)

Zoonoses transmitted through sources other than food, especially from wild animal and pet animal populations, are also a matter of concern.

| (5) | Zoonoses present at the level of primary production must be adequately controlled to ensure the achievement of the objectives of this Regulation. However, in the case of primary production leading to the direct supply of small quantities of primary products, by the food business operator producing them, to the final consumer or to local shops, it is appropriate to protect public health through national law. In this case there is a close relationship between the producer and the consumer. Such production should not make a significant contribution to the average prevalence of zoonoses in animal populations in the Community as a whole. The general requirements for sampling and analysis may not be practical or appropriate for producers with very small numbers of animals who may be located in regions suffering from special geographical constraints. |
| --- | --- |

(5)

Zoonoses present at the level of primary production must be adequately controlled to ensure the achievement of the objectives of this Regulation. However, in the case of primary production leading to the direct supply of small quantities of primary products, by the food business operator producing them, to the final consumer or to local shops, it is appropriate to protect public health through national law. In this case there is a close relationship between the producer and the consumer. Such production should not make a significant contribution to the average prevalence of zoonoses in animal populations in the Community as a whole. The general requirements for sampling and analysis may not be practical or appropriate for producers with very small numbers of animals who may be located in regions suffering from special geographical constraints.

| (6) | Council Directive 92/117/EEC of 17 December 1992 concerning measures for protection against specified zoonoses and specified zoonotic agents in animals and products of animal origin in order to prevent outbreaks of food-borne infections and intoxications (4) provided for the establishment of monitoring systems for certain zoonoses and controls on salmonella in certain poultry flocks. |
| --- | --- |

(6)

Council Directive 92/117/EEC of 17 December 1992 concerning measures for protection against specified zoonoses and specified zoonotic agents in animals and products of animal origin in order to prevent outbreaks of food-borne infections and intoxications (4) provided for the establishment of monitoring systems for certain zoonoses and controls on salmonella in certain poultry flocks.

| (7) | That Directive required Member States to submit to the Commission the national measures that they had taken to achieve the objectives of the Directive and to draw up plans for monitoring salmonella in poultry. However, Council Directive 97/22/EC of 22 April 1997
   (5) amending Directive 92/117/EEC suspended the latter requirement pending the review provided for in Article 15a of Directive 92/117/EEC. |
| --- | --- |

(7)

That Directive required Member States to submit to the Commission the national measures that they had taken to achieve the objectives of the Directive and to draw up plans for monitoring salmonella in poultry. However, Council Directive 97/22/EC of 22 April 1997
   (5) amending Directive 92/117/EEC suspended the latter requirement pending the review provided for in Article 15a of Directive 92/117/EEC.

| (8) | Several Member States have already submitted their plans for the monitoring of salmonella, which the Commission has approved. Moreover, all Member States were required, with effect from 1 January 1998, to fulfil the minimum measures laid down for salmonella in Annex III, Section I, to Directive 92/117/EEC, and to establish rules specifying the measures to be taken to avoid the introduction of salmonella on to a farm. |
| --- | --- |

(8)

Several Member States have already submitted their plans for the monitoring of salmonella, which the Commission has approved. Moreover, all Member States were required, with effect from 1 January 1998, to fulfil the minimum measures laid down for salmonella in Annex III, Section I, to Directive 92/117/EEC, and to establish rules specifying the measures to be taken to avoid the introduction of salmonella on to a farm.

| (9) | Those minimum measures focused on monitoring and controlling salmonella in breeding flocks of the species Gallus gallus. When serotypes Salmonella Enteritidis or Salmonella Typhimurium were detected and confirmed in samples taken, Directive 92/117/EEC laid down specific measures to control the infection. |
| --- | --- |

(9)

Those minimum measures focused on monitoring and controlling salmonella in breeding flocks of the species Gallus gallus. When serotypes Salmonella Enteritidis or Salmonella Typhimurium were detected and confirmed in samples taken, Directive 92/117/EEC laid down specific measures to control the infection.

| (10) | Other Community legislation provides for the monitoring and control of certain zoonoses in animal populations. In particular Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (6) deals with bovine tuberculosis and bovine brucellosis. Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (7) deals with ovine and caprine brucellosis. This Regulation should not create any unnecessary duplication of these existing requirements. |
| --- | --- |

(10)

Other Community legislation provides for the monitoring and control of certain zoonoses in animal populations. In particular Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (6) deals with bovine tuberculosis and bovine brucellosis. Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (7) deals with ovine and caprine brucellosis. This Regulation should not create any unnecessary duplication of these existing requirements.

| (11) | Moreover, future Community legislation on food hygiene should cover specific elements necessary for the prevention, control and monitoring of zoonoses and zoonotic agents and include specific requirements for the microbiological quality of food. |
| --- | --- |

(11)

Moreover, future Community legislation on food hygiene should cover specific elements necessary for the prevention, control and monitoring of zoonoses and zoonotic agents and include specific requirements for the microbiological quality of food.

| (12) | Directive 92/117/EEC provided for the collection of data on the occurrence of zoonoses and zoonotic agents in feedingstuffs, animals, food, and humans. That data collection system, although not harmonised and therefore not allowing comparison between Member States, does provide a basis for evaluating the current situation concerning zoonoses and zoonotic agents in the Community. |
| --- | --- |

(12)

Directive 92/117/EEC provided for the collection of data on the occurrence of zoonoses and zoonotic agents in feedingstuffs, animals, food, and humans. That data collection system, although not harmonised and therefore not allowing comparison between Member States, does provide a basis for evaluating the current situation concerning zoonoses and zoonotic agents in the Community.

| (13) | The results of the data collection system show that certain zoonotic agents, namely Salmonella spp. and Campylobacter spp., cause the majority of cases of zoonoses in humans. There seems to be a decreasing trend of human cases of salmonellosis, in particular due to Salmonella Enteritidis and Salmonella Typhimurium, thus reflecting the success of related control measures taken in the Community. Nevertheless, it is assumed that many cases remain unreported and therefore the data collected do not necessarily give the full picture of the situation. |
| --- | --- |

(13)

The results of the data collection system show that certain zoonotic agents, namely Salmonella spp. and Campylobacter spp., cause the majority of cases of zoonoses in humans. There seems to be a decreasing trend of human cases of salmonellosis, in particular due to Salmonella Enteritidis and Salmonella Typhimurium, thus reflecting the success of related control measures taken in the Community. Nevertheless, it is assumed that many cases remain unreported and therefore the data collected do not necessarily give the full picture of the situation.

| (14) | In its opinion on zoonoses adopted on 12 April 2000, the Scientific Committee on Veterinary Measures relating to Public Health considered that the measures in place at that time to control food-borne zoonotic infections were insufficient. It further considered that the epidemiological data that Member States were collecting were incomplete and not fully comparable. As a consequence, the Committee recommended improved monitoring arrangements and identified risk management options. |
| --- | --- |

(14)

In its opinion on zoonoses adopted on 12 April 2000, the Scientific Committee on Veterinary Measures relating to Public Health considered that the measures in place at that time to control food-borne zoonotic infections were insufficient. It further considered that the epidemiological data that Member States were collecting were incomplete and not fully comparable. As a consequence, the Committee recommended improved monitoring arrangements and identified risk management options.

| (15) | It is therefore necessary to improve the existing control systems for specific zoonotic agents. Simultaneously, the rules laid down in Directive 2003/.../EC of the European Parliament and of the Council of ... on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC (8) will replace the monitoring and data collection systems established by Directive 92/117/EEC. |
| --- | --- |

(15)

It is therefore necessary to improve the existing control systems for specific zoonotic agents. Simultaneously, the rules laid down in Directive 2003/.../EC of the European Parliament and of the Council of ... on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC (8) will replace the monitoring and data collection systems established by Directive 92/117/EEC.

| (16) | In principle, controls should cover the whole food chain, from farm to table. |
| --- | --- |

(16)

In principle, controls should cover the whole food chain, from farm to table.

| (17) | The rules governing such controls should generally be those laid down under Community legislation on feedingstuffs, animal health and food hygiene. |
| --- | --- |

(17)

The rules governing such controls should generally be those laid down under Community legislation on feedingstuffs, animal health and food hygiene.

| (18) | However, for certain zoonoses and zoonotic agents it is necessary to lay down specific requirements for controls. |
| --- | --- |

(18)

However, for certain zoonoses and zoonotic agents it is necessary to lay down specific requirements for controls.

| (19) | Those specific requirements should be based on targets for the reduction of the prevalence of zoonoses and zoonotic agents. |
| --- | --- |

(19)

Those specific requirements should be based on targets for the reduction of the prevalence of zoonoses and zoonotic agents.

| (20) | The targets should be established for zoonoses and zoonotic agents in animal populations taking account, in particular, of their frequency and epidemiological trends in animal and human populations, feed and food, their gravity for humans, their potential economic consequences, scientific advice and the existence of appropriate measures to reduce their prevalence. Targets may be established in respect of other parts of the food chain, where necessary. |
| --- | --- |

(20)

The targets should be established for zoonoses and zoonotic agents in animal populations taking account, in particular, of their frequency and epidemiological trends in animal and human populations, feed and food, their gravity for humans, their potential economic consequences, scientific advice and the existence of appropriate measures to reduce their prevalence. Targets may be established in respect of other parts of the food chain, where necessary.

| (21) | To ensure the achievement of the targets in good time, Member States should set up specific control programmes, which the Community should approve. |
| --- | --- |

(21)

To ensure the achievement of the targets in good time, Member States should set up specific control programmes, which the Community should approve.

| (22) | The main responsibility for the safety of food should lie with food and feed business operators. Member States should, therefore, encourage the creation of business-wide control programmes. |
| --- | --- |

(22)

The main responsibility for the safety of food should lie with food and feed business operators. Member States should, therefore, encourage the creation of business-wide control programmes.

| (23) | Within their control programmes, Member States and food and feed business operators may wish to use specific control methods. However, certain methods may not be acceptable, in particular if they hamper the achievement of the target in general, interfere specifically with necessary testing systems or give rise to potential threats to public health. Appropriate procedures should therefore be laid down enabling the Community to decide that certain control methods should not be used as part of control programmes. |
| --- | --- |

(23)

Within their control programmes, Member States and food and feed business operators may wish to use specific control methods. However, certain methods may not be acceptable, in particular if they hamper the achievement of the target in general, interfere specifically with necessary testing systems or give rise to potential threats to public health. Appropriate procedures should therefore be laid down enabling the Community to decide that certain control methods should not be used as part of control programmes.

| (24) | Control methods may also exist or be developed which as such do not fall under any specific Community legislation on product approval but would help to achieve the targets for the reduction of the prevalence of specified zoonoses and zoonotic agents. It should, therefore, be possible to approve the use of such methods at Community level. |
| --- | --- |

(24)

Control methods may also exist or be developed which as such do not fall under any specific Community legislation on product approval but would help to achieve the targets for the reduction of the prevalence of specified zoonoses and zoonotic agents. It should, therefore, be possible to approve the use of such methods at Community level.

| (25) | It will be essential to ensure that restocking of animals takes place from flocks or herds that have been subject to controls in accordance with the requirements of this Regulation. When a specific control programme is in force, the results of testing should be forwarded to purchasers of animals. To that end, specific requirements should be added to the corresponding Community legislation on intra-Community trade and imports from third countries, in particular as regards consignments of live animals and hatching eggs. Council Directive 64/432/EEC, Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (9) and Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (10) should be amended accordingly. |
| --- | --- |

(25)

It will be essential to ensure that restocking of animals takes place from flocks or herds that have been subject to controls in accordance with the requirements of this Regulation. When a specific control programme is in force, the results of testing should be forwarded to purchasers of animals. To that end, specific requirements should be added to the corresponding Community legislation on intra-Community trade and imports from third countries, in particular as regards consignments of live animals and hatching eggs. Council Directive 64/432/EEC, Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries (9) and Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (10) should be amended accordingly.

| (26) | The adoption of this Regulation should not affect the additional guarantees agreed for Finland and Sweden on their accession to the Community and confirmed by Decisions 94/968/EC (11), 95/50/EC (12), 95/160/EC (13), 95/161/EC (14), 95/168/EC (15), 95/409/EC (16), 95/410/EC (17) and 95/411/EC (18). This Regulation should provide a procedure for the granting, for a transitional period, of guarantees to any Member State that has an approved national control programme exceeding the minimum Community requirements in relation to salmonella. The results of tests on live animals and hatching eggs traded with such a Member State should meet the criteria laid down in its national control programme. Future Community legislation on hygiene rules for food of animal origin should provide a similar procedure in respect of meat and table eggs. |
| --- | --- |

(26)

The adoption of this Regulation should not affect the additional guarantees agreed for Finland and Sweden on their accession to the Community and confirmed by Decisions 94/968/EC (11), 95/50/EC (12), 95/160/EC (13), 95/161/EC (14), 95/168/EC (15), 95/409/EC (16), 95/410/EC (17) and 95/411/EC (18). This Regulation should provide a procedure for the granting, for a transitional period, of guarantees to any Member State that has an approved national control programme exceeding the minimum Community requirements in relation to salmonella. The results of tests on live animals and hatching eggs traded with such a Member State should meet the criteria laid down in its national control programme. Future Community legislation on hygiene rules for food of animal origin should provide a similar procedure in respect of meat and table eggs.

| (27) | Third countries exporting to the Community must implement equivalent measures for the control of zoonoses at the same time as measures are applied in the Community. |
| --- | --- |

(27)

Third countries exporting to the Community must implement equivalent measures for the control of zoonoses at the same time as measures are applied in the Community.

| (28) | As regards control of salmonella, available information tends to show that poultry products are a major source of human salmonellosis. Control measures should, therefore, be applied to production of those products, thus extending the measures initiated under Directive 92/117/EEC. As regards the production of table eggs, it is important to establish specific measures concerning the placing on the market of products originating from flocks that have not been tested free of relevant salmonella. As regards poultry meat, the aim is to place on the market poultry meat with reasonable assurance that it is free from relevant salmonella. A transitional period is necessary for food business operators to adapt to the measures envisaged, which may be adapted further in particular in the light of scientific risk assessment. |
| --- | --- |

(28)

As regards control of salmonella, available information tends to show that poultry products are a major source of human salmonellosis. Control measures should, therefore, be applied to production of those products, thus extending the measures initiated under Directive 92/117/EEC. As regards the production of table eggs, it is important to establish specific measures concerning the placing on the market of products originating from flocks that have not been tested free of relevant salmonella. As regards poultry meat, the aim is to place on the market poultry meat with reasonable assurance that it is free from relevant salmonella. A transitional period is necessary for food business operators to adapt to the measures envisaged, which may be adapted further in particular in the light of scientific risk assessment.

| (29) | It is appropriate to designate National and Community Reference Laboratories to give guidance and assistance on matters falling within the scope of this Regulation. |
| --- | --- |

(29)

It is appropriate to designate National and Community Reference Laboratories to give guidance and assistance on matters falling within the scope of this Regulation.

| (30) | To ensure the uniform application of the provisions of this Regulation, provision should be made for the organisation of Community audits and inspections in accordance with other Community legislation in this field. |
| --- | --- |

(30)

To ensure the uniform application of the provisions of this Regulation, provision should be made for the organisation of Community audits and inspections in accordance with other Community legislation in this field.

| (31) | Appropriate procedures should be laid down for amending certain provisions of this Regulation to take account of technical and scientific progress and for the adoption of implementing and transitional measures. |
| --- | --- |

(31)

Appropriate procedures should be laid down for amending certain provisions of this Regulation to take account of technical and scientific progress and for the adoption of implementing and transitional measures.

| (32) | To take account of technical and scientific progress, close and effective cooperation should be ensured between the Commission and the Member States within the Standing Committee set up by Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority, and laying down procedures in matters of food safety (19). |
| --- | --- |

(32)

To take account of technical and scientific progress, close and effective cooperation should be ensured between the Commission and the Member States within the Standing Committee set up by Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority, and laying down procedures in matters of food safety (19).

| (33) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (20), |
| --- | --- |

(33)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (20),

HAVE ADOPTED THIS REGULATION:

CHAPTER I

INTRODUCTORY PROVISIONS

Article 1

Subject-matter and scope

1.   The purpose of this Regulation is to ensure that proper and effective measures are taken
  to detect and
  to control salmonella and other zoonotic agents
  at all relevant stages of production, processing and distribution, particularly at the level of primary production, including in feed,
  in order to reduce their prevalence and the risk they pose to public health.

2.   This Regulation shall cover:

| (a) | the adoption of targets for the reduction of the prevalence of specified zoonoses in animal populations:






  (i) | at the level of primary production, and |
| --- | --- | --- |

(a)

the adoption of targets for the reduction of the prevalence of specified zoonoses in animal populations:

(i)

at the level of primary production, and

| (ii) | where appropriate for the zoonosis or zoonotic agent concerned, at other stages of the food chain, including in food and feed; |
| --- | --- |

(ii)

where appropriate for the zoonosis or zoonotic agent concerned, at other stages of the food chain, including in food and feed;

| (b) | the approval of specific control programmes established by Member States and food and feed business operators; |
| --- | --- |

(b)

the approval of specific control programmes established by Member States and food and feed business operators;

| (c) | the adoption of specific rules concerning certain control methods applied in the reduction of the prevalence of zoonoses and zoonotic agents; |
| --- | --- |

(c)

the adoption of specific rules concerning certain control methods applied in the reduction of the prevalence of zoonoses and zoonotic agents;

| (d) | the adoption of rules concerning intra-Community trade and imports from third countries of certain animals and products thereof. |
| --- | --- |

(d)

the adoption of rules concerning intra-Community trade and imports from third countries of certain animals and products thereof.

3.   This Regulation shall not apply to primary production:

| (a) | for private domestic use; or |
| --- | --- |

(a)

for private domestic use; or

| (b) | leading to the direct supply, by the producer, of small quantities of primary products to the final consumer or to local retail establishments directly supplying the primary products to the final consumer. |
| --- | --- |

(b)

leading to the direct supply, by the producer, of small quantities of primary products to the final consumer or to local retail establishments directly supplying the primary products to the final consumer.

4.   Member States shall establish, under national law, rules governing the activities referred to in paragraph 3(b). Such national rules shall ensure the achievement of the objectives of this Regulation.

5.   This Regulation shall apply without prejudice to more specific Community provisions on animal health, animal nutrition, food hygiene, communicable human diseases, health and safety in the workplace, gene technology and transmissible spongiform encephalopathies.

Article 2

Definitions

For the purposes of this Regulation the following definitions shall apply:

| 1) | the definitions laid down in Regulation (EC) No 178/2002; |
| --- | --- |

1)

the definitions laid down in Regulation (EC) No 178/2002;

| 2) | the definitions laid down in Directive 2003/.../EC; and |
| --- | --- |

2)

the definitions laid down in Directive 2003/.../EC; and

| 3) | the following definitions:






  (a) | ‘herd’ means an animal or group of animals kept on a holding as an epidemiological unit; and |
| --- | --- | --- |

3)

the following definitions:

(a)

‘herd’ means an animal or group of animals kept on a holding as an epidemiological unit; and

| (b) | ‘flock’ means all poultry of the same health status kept on the same premises or in the same enclosure and constituting a single epidemiological unit; in the case of housed poultry, this includes all birds sharing the same airspace. |
| --- | --- |

(b)

‘flock’ means all poultry of the same health status kept on the same premises or in the same enclosure and constituting a single epidemiological unit; in the case of housed poultry, this includes all birds sharing the same airspace.

Article 3

Competent authorities

1.   Each Member State shall designate a competent authority or competent authorities for the purpose of this Regulation and notify the Commission thereof. If a Member State designates more than one competent authority, it shall:

| (a) | notify the Commission of the competent authority that will act as a contact point for contacts with the Commission; and |
| --- | --- |

(a)

notify the Commission of the competent authority that will act as a contact point for contacts with the Commission; and

| (b) | ensure that the competent authorities cooperate so as to guarantee the proper implementation of the requirements of this Regulation. |
| --- | --- |

(b)

ensure that the competent authorities cooperate so as to guarantee the proper implementation of the requirements of this Regulation.

2.   The competent authority or authorities shall be responsible in particular for:

| (a) | drawing up the programmes provided for in Article 5(1) and preparing any amendments thereto which prove necessary, in particular in the light of data and results obtained; |
| --- | --- |

(a)

drawing up the programmes provided for in Article 5(1) and preparing any amendments thereto which prove necessary, in particular in the light of data and results obtained;

| (b) | collecting the data needed to evaluate the means used and the results obtained in carrying out the national control programmes provided for in Article 5 and for submitting those data and results yearly, including the results of any surveys undertaken, to the Commission, having regard to the rules laid down pursuant to Article 9(1) of Directive 2003/.../EC; |
| --- | --- |

(b)

collecting the data needed to evaluate the means used and the results obtained in carrying out the national control programmes provided for in Article 5 and for submitting those data and results yearly, including the results of any surveys undertaken, to the Commission, having regard to the rules laid down pursuant to Article 9(1) of Directive 2003/.../EC;

| (c) | carrying out regular checks on the premises of food and, if needed, feed businesses for the purpose of checking compliance with this Regulation. |
| --- | --- |

(c)

carrying out regular checks on the premises of food and, if needed, feed businesses for the purpose of checking compliance with this Regulation.

CHAPTER II

COMMUNITY TARGETS

Article 4

Community targets for the reduction of the prevalence of zoonoses and zoonotic agents

1.   Community targets shall be established for the reduction of the prevalence of zoonoses and zoonotic agents listed in Annex I, Column 1, in the animal populations listed in Annex I, Column 2, taking account, in particular, of:

| (a) | the experience gained under existing national measures; and |
| --- | --- |

(a)

the experience gained under existing national measures; and

| (b) | information forwarded to the Commission or to the European Food Safety Authority under existing Community requirements, in particular in the framework of information provided for in Directive 2003/.../EC, in particular Article 5 thereof. |
| --- | --- |

(b)

information forwarded to the Commission or to the European Food Safety Authority under existing Community requirements, in particular in the framework of information provided for in Directive 2003/.../EC, in particular Article 5 thereof.

The targets, and any amendments to them, shall be established in accordance with the procedure referred to in Article 14 (2).

2.   The targets referred to in paragraph 1 shall consist at least of:

| (a) | a numerical expression of:






  (i) | the maximum percentage of epidemiological units remaining positive, and/or |
| --- | --- | --- |

(a)

a numerical expression of:

(i)

the maximum percentage of epidemiological units remaining positive, and/or

| (ii) | the minimum percentage of reduction in the number of epidemiological units remaining positive; |
| --- | --- |

(ii)

the minimum percentage of reduction in the number of epidemiological units remaining positive;

| (b) | the maximum time limit within which the target must be achieved; |
| --- | --- |

(b)

the maximum time limit within which the target must be achieved;

| (c) | the definition of the epidemiological units referred to in subparagraph (a); |
| --- | --- |

(c)

the definition of the epidemiological units referred to in subparagraph (a);

| (d) | the definition of the testing schemes necessary to verify the achievement of the target; and |
| --- | --- |

(d)

the definition of the testing schemes necessary to verify the achievement of the target; and

| (e) | the definition, where relevant, of serotypes with public health significance or of other subtypes of zoonoses or zoonotic agents listed in Annex I, Column 1, having regard to the general criteria listed in paragraph 6(c) and any specific criteria laid down in Annex III. |
| --- | --- |

(e)

the definition, where relevant, of serotypes with public health significance or of other subtypes of zoonoses or zoonotic agents listed in Annex I, Column 1, having regard to the general criteria listed in paragraph 6(c) and any specific criteria laid down in Annex III.

3.   Community targets shall be established for the first time before the relevant dates indicated in Annex I, Column 4.

| 4. | (a) | When defining each Community target, the Commission shall provide an analysis of its expected costs and benefits. This analysis shall take account, in particular, of the criteria laid down in paragraph 6(c). Member States shall, on request, provide the Commission with all the assistance necessary to enable it to prepare the analysis. |
| --- | --- | --- |
| (b) | Before proposing each Community target, the Commission shall consult Member States within the committee referred to in Article 14(1) on the results of its analysis. |
| (c) | In the light of the results of
  that
  analysis and the consultation of Member States, the Commission shall propose Community targets where appropriate. |

4.

(a)

When defining each Community target, the Commission shall provide an analysis of its expected costs and benefits. This analysis shall take account, in particular, of the criteria laid down in paragraph 6(c). Member States shall, on request, provide the Commission with all the assistance necessary to enable it to prepare the analysis.

(b)

Before proposing each Community target, the Commission shall consult Member States within the committee referred to in Article 14(1) on the results of its analysis.

(c)

In the light of the results of
  that
  analysis and the consultation of Member States, the Commission shall propose Community targets where appropriate.

5.   However, by way of derogation from paragraphs 2(e) and 4, the following rules shall apply to poultry for a transitional period.

The Community target established for breeding flocks of Gallus gallus for this transitional period shall cover the five most frequent salmonella serotypes in human salmonellosis, which shall be identified on the basis of data collected through EC monitoring
  systems. The
  Community targets established for laying hens, broilers and turkeys for the transitional period shall cover Salmonella Enteritidis and Salmonella Typhimurium. However, if necessary, these targets may be extended to
  other
  serotypes on the basis of the results of
  an
  analysis carried out in accordance with paragraph 4.

The transitional period shall apply to each Community target for the reduction of the prevalence of salmonella in poultry. It shall last for three years in each case, starting on the date mentioned in Annex I, column 5.

| 6. | (a) | Annex I may be amended, in accordance with the procedure laid down in Article 14(2), for the purposes listed in subparagraph (b), after taking account in particular of the criteria listed in subparagraph (c). |
| --- | --- | --- |
| (b) | Amendments to Annex I may alter the scope of the requirements regarding the establishment of Community targets by supplementing, restricting or modifying:






  (i) | the zoonoses or zoonotic agents, |

6.

(a)

Annex I may be amended, in accordance with the procedure laid down in Article 14(2), for the purposes listed in subparagraph (b), after taking account in particular of the criteria listed in subparagraph (c).

(b)

Amendments to Annex I may alter the scope of the requirements regarding the establishment of Community targets by supplementing, restricting or modifying:

(i)

the zoonoses or zoonotic agents,

| (ii) | the stages of the food chain, and/or |
| --- | --- |

(ii)

the stages of the food chain, and/or

| (iii) | the animal populations concerned. |
| --- | --- |

(iii)

the animal populations concerned.

(c)

The criteria to be considered before amending Annex I include, with respect to the zoonosis or zoonotic agent concerned:

| (i) | its frequency in animal and human populations, feed and food; |
| --- | --- |

(i)

its frequency in animal and human populations, feed and food;

| (ii) | the gravity of its effects for humans; |
| --- | --- |

(ii)

the gravity of its effects for humans;

| (iii) | its economic consequences for animal and human health care and for feed and food businesses; |
| --- | --- |

(iii)

its economic consequences for animal and human health care and for feed and food businesses;

| (iv) | epidemiological trends in animal and human populations, feed and food; |
| --- | --- |

(iv)

epidemiological trends in animal and human populations, feed and food;

| (v) | scientific advice; |
| --- | --- |

(v)

scientific advice;

| (vi) | technological developments, particularly relating to the practicality of the available control options; and |
| --- | --- |

(vi)

technological developments, particularly relating to the practicality of the available control options; and

| (vii) | requirements and trends concerning breeding systems and production methods. |
| --- | --- |

(vii)

requirements and trends concerning breeding systems and production methods.

7.   Annex III may be amended or supplemented in accordance with the procedure referred to in Article 14(2).

8.   The Commission shall review the implementation of Community targets and take account of this review when proposing further targets.

9.   Measures taken to reduce the prevalence of zoonoses and zoonotic agents listed in Annex I shall be implemented in accordance with the rules laid down in this Regulation and any rules adopted pursuant thereto.

CHAPTER III

CONTROL PROGRAMMES

Article 5

National control programmes

1.   To achieve the Community targets provided for in Article 4, Member States shall establish national control programmes for each zoonosis and zoonotic agent listed in Annex I. National control programmes shall have regard to the geographical distribution of zoonoses within each Member State and to the financial implications for primary producers and feed and food business operators of establishing effective controls.

2.   National control programmes shall be continuous and cover a period of at least three consecutive years.

3.   National control programmes shall:

| (a) | provide for the detection of zoonoses and zoonotic agents in accordance with the requirements and minimum sampling rules laid down in Annex II; |
| --- | --- |

(a)

provide for the detection of zoonoses and zoonotic agents in accordance with the requirements and minimum sampling rules laid down in Annex II;

| (b) | define the respective responsibilities of competent authorities and food and feed business operators; |
| --- | --- |

(b)

define the respective responsibilities of competent authorities and food and feed business operators;

| (c) | specify the control measures to be taken following the detection of zoonoses and zoonotic agents, in particular to protect public health, including implementation of the specific measures laid down in Annex II; |
| --- | --- |

(c)

specify the control measures to be taken following the detection of zoonoses and zoonotic agents, in particular to protect public health, including implementation of the specific measures laid down in Annex II;

| (d) | allow for the progress under their provisions to be evaluated and for those programmes to be reviewed, in particular in the light of results obtained from the detection of zoonoses and zoonotic agents. |
| --- | --- |

(d)

allow for the progress under their provisions to be evaluated and for those programmes to be reviewed, in particular in the light of results obtained from the detection of zoonoses and zoonotic agents.

4.   National control programmes shall cover at least the following stages of the food chain:

| (a) | feed production; |
| --- | --- |

(a)

feed production;

| (b) | primary production of animals; |
| --- | --- |

(b)

primary production of animals;

| (c) | processing and preparation of food of animal origin. |
| --- | --- |

(c)

processing and preparation of food of animal origin.

5.   National control programmes shall contain, where relevant, the provisions laid down in relation to testing methods and criteria against which the results of these tests shall be assessed, for testing animals and hatching eggs despatched within the national territory, as part of the official controls provided for in Annex II, Part A.

6.   The requirements and minimum sampling rules laid down in Annex II may be amended, adapted or supplemented, in accordance with the procedure referred to in Article 14(2), after taking account in particular of the criteria listed in point (c) of Article 4(6).

7.   Within 6 months of the establishment of the Community targets provided for in Article 4, Member States shall submit their national control programmes to the Commission and set out the measures to be implemented.

Article 6

Approval of the national control programmes

1.   After a Member State submits a national control programme in accordance with Article 5, the Commission shall have two months within which to request any further relevant and necessary information from that Member State. The Member State shall provide such further information within two months of receiving such a request. The Commission shall, within two months of receiving such further information or, if it did not request further information, within six months of the submission of the control programme, establish whether it complies with relevant rules, including this Regulation in particular.

2.   When the Commission has established the conformity of a national control programme, or at the request of the Member State that submitted it, the programme shall be considered without undue delay with a view to approval in accordance with the procedure referred to in Article 14(2).

3.   Amendments to a programme previously approved pursuant to paragraph 2 may be approved, in accordance with the procedure referred to in Article 14(2), to take account of the evolution in the situation in the Member State concerned, in particular in the light of the results referred to in Article 5(3)(d).

Article 7

Food and feed business operators' control programmes

1.   Food and feed business operators, or organisations representing such operators, may establish control programmes, covering, as far as possible, all stages of production, processing and distribution.

2.   If they wish their control programmes to form part of a national control programme, food and feed business operators, or their representative organisations, shall submit their control programmes, and any amendments thereto, to the competent authority of the Member State in which they are located for approval. If the operations concerned take place in different Member States, the programmes shall be approved separately for each Member State.

3.   The competent authority may approve control programmes submitted pursuant to paragraph 2 only if it is satisfied that the control programmes comply with the relevant requirements set out in Annex II and with the objectives of the relevant national control programme.

4.   Member States shall maintain up-to-date lists of approved control programmes of food and feed business operators or their representative organisations. The lists shall be made available to the Commission upon request.

5.   Food and feed business operators or their representative organisations shall communicate regularly the results of their control programmes to the competent authorities.

CHAPTER IV

CONTROL METHODS

Article 8

Specific control methods

1.   At the initiative of the Commission or at the request of a Member State and in accordance with the procedure referred to in Article 14(2):

| (a) | it may be decided that specific control methods may or shall be applied for the reduction of prevalence of zoonoses and zoonotic agents at the stage of the primary production of animals and other stages in the food chain; |
| --- | --- |

(a)

it may be decided that specific control methods may or shall be applied for the reduction of prevalence of zoonoses and zoonotic agents at the stage of the primary production of animals and other stages in the food chain;

| (b) | rules may be adopted concerning the conditions for the use of the methods referred to in subparagraph (a); |
| --- | --- |

(b)

rules may be adopted concerning the conditions for the use of the methods referred to in subparagraph (a);

| (c) | detailed rules may be adopted concerning necessary documents and procedures as well as minimum requirements for the methods referred to in subparagraph (a); and |
| --- | --- |

(c)

detailed rules may be adopted concerning necessary documents and procedures as well as minimum requirements for the methods referred to in subparagraph (a); and

| (d) | it may be decided that certain specific control methods shall not be used as a part of control programmes. |
| --- | --- |

(d)

it may be decided that certain specific control methods shall not be used as a part of control programmes.

2.   The provisions referred to in paragraph 1(a), (b) and (c) shall not apply to methods using substances or techniques covered by Community legislation on animal nutrition, food additives or veterinary medicinal products.

CHAPTER V

TRADE

Article 9

Intra-Community trade

1.   As from the dates mentioned in Annex I, column 5, at the latest, flocks and herds of origin of the species listed in column 2 shall be tested for the zoonoses and zoonotic agents listed in column 1 prior to any dispatching of the live animals, or hatching eggs, from the food business of origin. The date and the result of testing shall be included in the relevant health certificates provided for in Community legislation.

2.   The Member State of destination may, in accordance with the procedure referred to in Article 14(2), be authorised for a transitional period to require that the results of the tests to be referred to in the relevant health certificates for consignments of animals and hatching eggs subject to testing in the Member State of dispatch fulfil the same criteria as regards salmonella as those laid down under its approved national programme, in accordance with Article 5(5), for consignments despatched within its territory.

The authorisation may be withdrawn in accordance with the same procedure.

3.   The special measures concerning salmonella that applied to live animals dispatched to Finland and Sweden prior to the entry into force of this Regulation shall continue to apply as if they had been authorised in accordance with paragraph 2.

4.   Without prejudice to Article 5(6), specific rules concerning the setting by Member States of the criteria referred to in Article 5(5) and in paragraph 2 above, may be laid down in accordance with the procedure referred to in Article 14(2).

Article 10

Imports from third countries

1.   As from the dates mentioned in Annex I, column 5, admission to or retention on the lists of third countries provided for in Community legislation, for the relevant species or category, from which Member States are authorised to import those animals or hatching eggs covered by this Regulation shall be subject to submission to the Commission by the third country concerned of a programme equivalent to those provided for under Article 5 and its approval in accordance with this Article. The programme shall give details of the guarantees offered by that country as regards inspections and controls for zoonoses and zoonotic agents. Those guarantees must be at least equivalent to the guarantees provided for by this Regulation. The Food and Veterinary Office of the Commission shall be closely involved in monitoring to verify whether equivalent control programmes exist in third countries.

2.   These programmes shall be approved in accordance with the procedure referred to in Article 14(2), provided that the equivalence of the measures described under the programme, with the relevant requirements applicable under Community rules, is objectively demonstrated. Alternative guarantees to those provided for in this Regulation may be allowed in accordance with that procedure, provided that they are not more favourable than those applicable to intra-Community trade.

3.   For third countries with which a regular trade flow is established, the provisions of Article 5(7) and Article 6(1) concerning time periods for the submission and approval of programmes shall apply. For third countries establishing or resuming a trade flow, the time periods provided for in Article 6 shall apply.

4.   Flocks and herds of origin of species listed in Annex I, column 2, shall be tested prior to any dispatching of the live animals or hatching eggs from the food business of origin. Flocks and herds shall be tested for the zoonoses and zoonotic agents listed in Annex I, column 1, or, if necessary to achieve the objective of equivalent guarantees laid down in paragraph 1, such zoonoses and zoonotic agents as may be specified in accordance with the procedure referred to in Article 14(2). The date and the result of testing shall be included in the relevant import certificates, for which the models laid down by Community legislation shall be amended accordingly.

5.   The Member State of final destination may be authorised, in accordance with the procedure referred to in Article 14(2), to require for a transitional period that the results of the testing referred to in paragraph 4 fulfil the same criteria as those laid down under its national programme, in accordance with Article 5(5). The authorisation may be withdrawn and, without prejudice to Article 5(6), specific rules concerning such criteria may be laid down, in accordance with the procedure referred to in Article 14(2).

6.   Admission to or retention on the lists of third countries provided for in Community legislation, for the relevant category of products, from which Member States are authorised to import those products covered by this Regulation shall be subject to submission to the Commission by the third country concerned of guarantees equivalent to those provided for by this Regulation.

CHAPTER VI

LABORATORIES

Article 11

Reference laboratories

1.   Community Reference Laboratories for the analysis and testing of zoonoses and zoonotic agents listed in Annex I, column 1, shall be designated in accordance with the procedure referred to in Article 14(2).

2.   The responsibilities and tasks of the Community Reference Laboratories, in particular with regard to coordination of their activities and those of the National Reference Laboratories, shall be laid down in accordance with the procedure referred to in Article 14(2).

3.   Member States shall designate national reference laboratories for the analysis and testing of zoonoses and zoonotic agents listed in Annex I, column 1. The names and addresses of laboratories shall be communicated to the Commission.

4.   Certain responsibilities and tasks of the National Reference Laboratories, in particular with regard to coordination of their activities and those of the relevant laboratories in the Member States designated under Article 12(1)(a), may be laid down in accordance with the procedure referred to in Article 14(2).

Article 12

Approval of laboratories, quality requirements and approved testing methods

1.   Laboratories participating in control programmes pursuant to Articles 5 and 7 shall, for the purposes of analysing samples to test for the presence of zoonoses and zoonotic agents referred to in Annex I, column 1:

| (a) | be designated by the competent authority; and |
| --- | --- |

(a)

be designated by the competent authority; and

| (b) | apply quality assurance systems that conform to the requirements of the current EN/ISO standard at the latest within 24 months of entry into force of this Regulation or within 24 months of the addition of new zoonoses or zoonotic agents to Annex I, column 1. |
| --- | --- |

(b)

apply quality assurance systems that conform to the requirements of the current EN/ISO standard at the latest within 24 months of entry into force of this Regulation or within 24 months of the addition of new zoonoses or zoonotic agents to Annex I, column 1.

2.   Laboratories shall regularly participate in collaborative testing organised or coordinated by the National Reference Laboratory.

3.   Testing for the presence of zoonoses and zoonotic agents referred to in Annex I, column 1, shall be carried out using the methods and protocols recommended by international standardisation bodies, as reference methods.

Alternative methods may be used if they have been validated in accordance with internationally recognised rules and offer equivalent results to those obtained by the relevant reference method.

Where necessary, other methods for testing may be approved in accordance with the procedure referred to in Article 14(2).

CHAPTER VII

IMPLEMENTATION

Article 13

Implementing and transitional measures

Appropriate transitional or implementing measures, including the necessary amendments to the relevant health certificates, may be adopted in accordance with the procedure referred to in Article 14(2).

Article 14

Committee procedure

1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health instituted by Regulation (EC) No 178/2002.

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

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.   The Committee shall adopt its rules of procedure.

Article 15

Consultation of the European Food Safety Authority

The Commission shall consult the European Food Safety Authority on any matter within the scope of this Regulation that could have a significant impact on public health and, in particular, before proposing Community targets in accordance with Article 4 or specific control methods in accordance with Article 8.

Article 16

Report on financial arrangements

1.   The Commission shall, within 3 years of the entry into force of this Regulation, submit a report to the European Parliament and to the Council.

2.   The report shall discuss:

| (a) | the arrangements in place, at Community and national level, to finance measures taken to control zoonoses and zoonotic agents; and |
| --- | --- |

(a)

the arrangements in place, at Community and national level, to finance measures taken to control zoonoses and zoonotic agents; and

| (b) | the effect that such arrangements have on the effectiveness of those measures. |
| --- | --- |

(b)

the effect that such arrangements have on the effectiveness of those measures.

3.   The Commission shall, if appropriate, accompany its report with relevant proposals.

4.   Member States shall, on request, provide the Commission with all the assistance necessary to enable it to prepare its report.

CHAPTER VIII

GENERAL AND FINAL PROVISIONS

Article 17

Community controls

1.   Experts from the Commission shall carry out on-the-spot checks, in cooperation with the competent authorities of Member States, in order to ensure that the provisions of this Regulation, rules adopted pursuant thereto and any safeguard measures are applied uniformly. A Member State on whose territory checks are made shall provide the experts with all the assistance necessary for carrying out their duties. The Commission shall inform the competent authority of the results of the checks made.

2.   Rules for the implementation of this Article, in particular those governing the procedure for cooperation with national competent authorities, shall be laid down under the procedure referred to in Article 14(2).

Article 18

Entry into force

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

It shall apply as from six months following its entry into force.

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

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 304 E, 30.10.2001, p. 260.

1

(2)  OJ C 94, 18.4.2002, p. 18.

2

(3)  Position of the European Parliament of 15 May 2002 (not yet published in the Official Journal), Council Common Position of 20 February 2003 (OJ C 90 E, 15.4.2003, p. 25) and Position of the European Parliament of 19 June 2003.

3

Position

20 February 2003 (OJ C 90 E, 15.4.2003, p. 25)

Position

19 June 2003

(4)  OJ L 62, 15.3.1993, p. 38. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

4

Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1)

(5)  OJ L 113, 30.4.1997, p. 9.

5

(6)  OJ 121, 29.7.1964, p. 1 977. Directive as last amended by Commission Regulation (EC) No 1226/2002 (OJ L 179, 9.7.2002, p. 13).

6

(7)  OJ L 46, 19.2.1991, p. 19. Directive as last amended by Regulation (EC) No 806/2003.

7

Regulation (EC) No 806/2003

(8)  OJ L ...

8

OJ L ...

(9)  OJ L 302, 31.12.1972, p. 28. Directive as last amended by Commission Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

9

Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36)

(10)  OJ L 303, 31.10.1990, p. 6. Directive as last amended by Regulation (EC) No 806/2003.

10

Regulation (EC) No 806/2003

(11)  OJ L 371, 31.12.1994, p. 36.

11

(12)  OJ L 53, 9.3.1995, p. 31.

12

(13)  OJ L 105, 9.5.1995, p. 40. Decision as last amended by Commission Decision 97/278/EC (OJ L 110, 26.4.1997, p. 77).

13

105, 9.5.1995

(14)  OJ L 105, 9.5.1995, p. 44. Decision as last amended by Decision 97/278/EC.

14

by Decision

(15)  OJ L 109, 16.5.1995, p. 44. Decision as last amended by Decision 97/278/EC.

15

by Decision

(16)  OJ L 243, 11.10.1995, p. 21. Decision as last amended by Council Decision 98/227/EC (OJ L 87, 21.3.1998, p. 14).

16

Council

(17)  OJ L 243, 11.10.1995, p. 25. Decision as last amended by Decision 98/227/EC.

17

by Decision

(18)  OJ L 243, 11.10.1995, p. 29. Decision as last amended by Decision 98/227/EC.

18

by Decision

(19)  OJ L 31, 1.2.2002, p. 1.

19

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

20

ANNEX I

SPECIFIED ZOONOSES AND ZOONOTIC AGENTS FOR WHICH COMMUNITY TARGETS FOR THE REDUCTION OF PREVALENCE ARE TO BE ESTABLISHED PURSUANT TO ARTICLE 4

| 1 | 2 | 3 | 4 | 5 |
| --- | --- | --- | --- | --- |
| Zoonosis or zoonotic agent | Animal population | Stage of food chain | Date by which target must be established (1) | Date from which testing must take place |
| All salmonella serotypes with public health significance | Breeding flocks of Gallus gallus | Primary production | 12 months after the date of entry into force of this Regulation. | 18 months after the date referred to in column 4 |
| All salmonella serotypes with public health significance | Laying hens | Primary production | 24 months after the date of entry into force of this Regulation. | 18 months after the date referred to in column 4 |
| All salmonella serotypes with public health significance | Broilers | Primary production | 36 months after the date of entry into force of this Regulation. | 18 months after the date referred to in column 4 |
| All salmonella serotypes with public health significance | Turkeys | Primary production | 48 months after the date of entry into force of this Regulation. | 18 months after the date referred to in column 4 |
| All salmonella serotypes with public health significance | Herds of slaughter pigs | Slaughter | 48 months after the date of entry into force of this Regulation. | 18 months after the date referred to in column 4 |
| All salmonella serotypes with public health significance | Breeding herds of pigs | Primary production | 60 months after the date of entry into force of this Regulation. | 18 months after the date referred to in column 4 |

1

2

3

4

5

Zoonosis or zoonotic agent

Animal population

Stage of food chain

Date by which target must be established (1)

Date from which testing must take place

All salmonella serotypes with public health significance

Breeding flocks of Gallus gallus

Primary production

12 months after the date of entry into force of this Regulation.

18 months after the date referred to in column 4

All salmonella serotypes with public health significance

Laying hens

Primary production

24 months after the date of entry into force of this Regulation.

18 months after the date referred to in column 4

All salmonella serotypes with public health significance

Broilers

Primary production

36 months after the date of entry into force of this Regulation.

18 months after the date referred to in column 4

All salmonella serotypes with public health significance

Turkeys

Primary production

48 months after the date of entry into force of this Regulation.

18 months after the date referred to in column 4

All salmonella serotypes with public health significance

Herds of slaughter pigs

Slaughter

48 months after the date of entry into force of this Regulation.

18 months after the date referred to in column 4

All salmonella serotypes with public health significance

Breeding herds of pigs

Primary production

60 months after the date of entry into force of this Regulation.

18 months after the date referred to in column 4

---

(1)  These dates are based on the assumption that comparable data on prevalence will be available at least six months before the establishment of the target. If such data were not available, the date for the establishment of the target would be postponed accordingly.

ANNEX II

CONTROL OF THE ZOONOSES AND ZOONOTIC AGENTS LISTED IN ANNEX I

A.   General requirements for national control programmes

The programme must take into account the nature of the zoonosis and/or zoonotic agent concerned and the specific situation in the Member State. It must:

| (a) | state the aim of the programme taking into consideration the importance of the zoonosis or zoonotic agent concerned; |
| --- | --- |

(a)

state the aim of the programme taking into consideration the importance of the zoonosis or zoonotic agent concerned;

| (b) | comply with the minimum sampling requirements laid down in Part B; |
| --- | --- |

(b)

comply with the minimum sampling requirements laid down in Part B;

| (c) | where relevant, comply with the specific requirements laid down in Parts C to E; and |
| --- | --- |

(c)

where relevant, comply with the specific requirements laid down in Parts C to E; and

| (d) | specify the following points:






  1. | General |
| --- | --- | --- |

(d)

specify the following points:

1.

General

| 1.1. | The occurrence of the zoonosis or zoonotic agent concerned in the Member State with specific reference to the results obtained in the framework of monitoring in accordance with Article 4 of Directive 2003/.../EC. |
| --- | --- |

1.1.

The occurrence of the zoonosis or zoonotic agent concerned in the Member State with specific reference to the results obtained in the framework of monitoring in accordance with Article 4 of Directive 2003/.../EC.

| 1.2. | The geographical area or, where appropriate, the epidemiological units, in which the programme will be implemented. |
| --- | --- |

1.2.

The geographical area or, where appropriate, the epidemiological units, in which the programme will be implemented.

| 1.3. | The structure and organisation of the relevant competent authorities. |
| --- | --- |

1.3.

The structure and organisation of the relevant competent authorities.

| 1.4. | Approved laboratories where samples collected within the programme are analysed. |
| --- | --- |

1.4.

Approved laboratories where samples collected within the programme are analysed.

| 1.5. | Methods used in the examination of the zoonosis or zoonotic agent. |
| --- | --- |

1.5.

Methods used in the examination of the zoonosis or zoonotic agent.

| 1.6. | Official controls (including sampling schemes) at feed, flock and/or herd level. |
| --- | --- |

1.6.

Official controls (including sampling schemes) at feed, flock and/or herd level.

| 1.7. | Official controls (including sampling schemes) at other stages of the food chain. |
| --- | --- |

1.7.

Official controls (including sampling schemes) at other stages of the food chain.

| 1.8. | Measures taken by the competent authorities with regard to animals or products in which zoonoses or zoonotic agents have been detected, in particular to protect public health; and any preventive measures taken, such as vaccination. |
| --- | --- |

1.8.

Measures taken by the competent authorities with regard to animals or products in which zoonoses or zoonotic agents have been detected, in particular to protect public health; and any preventive measures taken, such as vaccination.

| 1.9. | Relevant national legislation, including any national provisions concerning the activities referred to in Article 1(3)(b). |
| --- | --- |

1.9.

Relevant national legislation, including any national provisions concerning the activities referred to in Article 1(3)(b).

| 1.10. | Any financial assistance provided to food and feed businesses in the context of the national control programme. |
| --- | --- |

1.10.

Any financial assistance provided to food and feed businesses in the context of the national control programme.

| 2. | Concerning food and feed businesses covered by the programme |
| --- | --- |

2.

Concerning food and feed businesses covered by the programme

| 2.1. | The structure of the production of the given species and products thereof. |
| --- | --- |

2.1.

The structure of the production of the given species and products thereof.

| 2.2. | The structure of the production of feed. |
| --- | --- |

2.2.

The structure of the production of feed.

| 2.3. | Relevant guides for good animal husbandry practices or other guidelines (mandatory or voluntary) defining at least:






  — | hygiene management at farms; |
| --- | --- | --- |

2.3.

Relevant guides for good animal husbandry practices or other guidelines (mandatory or voluntary) defining at least:

—

hygiene management at farms;

| — | measures to prevent incoming infections carried by animals, feed, drinking water, people working at farms; and |
| --- | --- |

—

measures to prevent incoming infections carried by animals, feed, drinking water, people working at farms; and

| — | hygiene in transporting animals to and from farms. |
| --- | --- |

—

hygiene in transporting animals to and from farms.

| 2.4. | Routine veterinary supervision of farms. |
| --- | --- |

2.4.

Routine veterinary supervision of farms.

| 2.5. | Registration of farms. |
| --- | --- |

2.5.

Registration of farms.

| 2.6. | Record-keeping at farms. |
| --- | --- |

2.6.

Record-keeping at farms.

| 2.7. | Documents to accompany animals when dispatched. |
| --- | --- |

2.7.

Documents to accompany animals when dispatched.

| 2.8. | Other relevant measures to ensure the traceability of animals. |
| --- | --- |

2.8.

Other relevant measures to ensure the traceability of animals.

B.   Minimum sampling requirements

1.   After the relevant control programme referred to in Article 5 has been approved, food business operators must have samples taken and analysed to test for the zoonoses and zoonotic agents listed in Annex I, column 1, respecting the minimum sampling requirements set out in the following table.

| 1 | 2 | 3 |
| --- | --- | --- |
| Zoonosis or zoonotic agent | Animal population | Phases of production which sampling must cover |
| All salmonella serotypes with public health significance | Breeding flocks of Gallus gallus: | |
| — rearing flocks | — day-old chicks |
| — 4-week-old birds |
| — | 2 weeks before moving to laying phase or laying unit |

1

2

3

Zoonosis or zoonotic agent

Animal population

Phases of production which sampling must cover

All salmonella serotypes with public health significance

Breeding flocks of Gallus gallus:

— rearing flocks

— day-old chicks

— 4-week-old birds

—

2 weeks before moving to laying phase or laying unit

— adult breeding flocks

every second week during the laying period

All salmonella serotypes with public health significance

Laying hens:

— rearing flocks

— day-old chicks

| — | pullets 2 weeks before moving to laying phase or laying unit |
| --- | --- |

—

pullets 2 weeks before moving to laying phase or laying unit

— laying flocks

every 15 weeks during the laying phase

All salmonella serotypes with public health significance

Broilers

birds leaving for slaughter (1)

All salmonella serotypes with public health significance

Turkeys

birds leaving for slaughter (1)

All salmonella serotypes with public health significance

Herds of pigs:

— breeding pigs

animals leaving for slaughter or carcasses at the slaughterhouse

— slaughter pigs

animals leaving for slaughter or carcasses at the slaughterhouse

2.   The requirements laid down in point 1 are without prejudice to the requirements of Community legislation concerning ante-mortem inspection.

3.   The results of the analysis must be recorded, together with the following information:

| (a) | date and place of sampling; and |
| --- | --- |

(a)

date and place of sampling; and

| (b) | identification of the flock/herd. |
| --- | --- |

(b)

identification of the flock/herd.

4.   Immunological testing may not be used if the animals have been vaccinated, unless it has been proven that the vaccine used does not interfere with the testing method applied.

C.   Specific requirements concerning breeding flocks of Gallus gallus

1.   The measures laid down in points 3 to 5 must be taken whenever the analysis of samples carried out in accordance with Part B indicates the presence of Salmonella Enteritidis or Salmonella Typhimurium in a breeding flock of Gallus gallus in the circumstances set out in point 2.

| (a) | If the competent authority has approved the method of analysis used for samples taken in accordance with Part B, it may require that the measures laid down in points 3 to 5 be taken when such analysis detects the presence of Salmonella Enteritidis or Salmonella Typhimurium. |
| --- | --- |

(a)

If the competent authority has approved the method of analysis used for samples taken in accordance with Part B, it may require that the measures laid down in points 3 to 5 be taken when such analysis detects the presence of Salmonella Enteritidis or Salmonella Typhimurium.

| (b) | Otherwise, the measures laid down in points 3 to 5 must be taken whenever the competent authority confirms a suspicion of the presence of Salmonella Enteritidis or Salmonella Typhimurium arising from the analysis of samples carried out in accordance with Part B. |
| --- | --- |

(b)

Otherwise, the measures laid down in points 3 to 5 must be taken whenever the competent authority confirms a suspicion of the presence of Salmonella Enteritidis or Salmonella Typhimurium arising from the analysis of samples carried out in accordance with Part B.

3.   Non-incubated eggs from the flock must be destroyed.

However, such eggs may be used for human consumption if they are treated in a manner that guarantees the elimination of Salmonella Enteritidis and Salmonella Typhimurium in accordance with Community legislation on food hygiene.

4.   All birds — including day-old chicks — in the flock must be slaughtered or destroyed so as to reduce as much as possible the risk of spreading salmonella. Slaughtering must be carried out in accordance with Community legislation on food hygiene. Products derived from such birds may be placed on the market for human consumption in accordance with Community legislation on food hygiene and, once applicable, Part E. If not destined for human consumption, such products must be used or disposed of in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (2).

5.   Where eggs for hatching from flocks in which Salmonella Enteritidis or Salmonella Typhimurium is present are still present in a hatchery, they must be destroyed or treated in accordance with Regulation (EC) No 1774/2002.

D.   Specific requirements concerning flocks of laying hens

1.   As from ...
   (3)
  , eggs must not be used for direct human consumption (as table eggs) unless they originate from a commercial flock of laying hens subject to a national programme established under Article 5 and not under official restriction.

2.   Eggs originating from flocks with unknown health status, that are suspected of being infected or from infected flocks may be used for human consumption only if treated in a manner that guarantees the elimination of all salmonella serotypes with public health significance in accordance with Community legislation on food hygiene.

3.   When birds from infected flocks are slaughtered or destroyed, steps must be take to reduce the risk of spreading zoonoses as far as possible. Slaughtering must be carried out in accordance with Community legislation on food hygiene. Products derived from such birds may be placed on the market for human consumption in accordance with Community legislation on food hygiene and, once applicable, Part E. If not destined for human consumption, such products must be used or disposed of in accordance with Regulation (EC) No 1774/2002.

E.   Specific requirement concerning fresh meat

1.   As from ...
   (4)
  , fresh poultry meat from animals listed in Annex I may not be placed on the market for human consumption unless it meets the following criterion:

‘Salmonella: absence in 25 grams’

2.   Not later than ... (3)
  , detailed rules for this criterion will be laid down in accordance with the procedure referred to in Article 14(2). These will specify, in particular, sampling schemes and analytical methods.

3.   The criterion laid down in point 1 does not apply to fresh poultry meat destined for industrial heat treatment or another treatment to eliminate salmonella in accordance with Community legislation on food hygiene.

---

(1)  The results of the analysis on the samples must be known before the animals leave for the slaughterhouse.

(2)  OJ L 273, 10.10.2002, p. 1. Regulation as amended by Commission Regulation (EC) No 808/2003 (OJ L 117, 13.5.2003, p. 1).

(3)  72 months after the entry into force of this Regulation.

(4)  84 months after the entry into force of this Regulation.

ANNEX III

SPECIFIC CRITERIA TO DETERMINE SALMONELLA STEREOTYPES WITH PUBLIC HEALTH SIGNIFICANCE

When determining which are the salmonella serotypes with public health significance to which Community targets will apply, account must be taken of the following criteria:

| 1. | the most frequent salmonella serotypes in human salmonellosis on the basis of data collected through EC monitoring
  systems
  ; |
| --- | --- |

1.

the most frequent salmonella serotypes in human salmonellosis on the basis of data collected through EC monitoring
  systems
  ;

| 2. | the route of infection (that is, the presence of the serotype in relevant animal populations
  and feed
  ); |
| --- | --- |

2.

the route of infection (that is, the presence of the serotype in relevant animal populations
  and feed
  );

| 3. | whether any serotype shows a rapid and recent ability to spread and to cause disease in humans and animals; |
| --- | --- |

3.

whether any serotype shows a rapid and recent ability to spread and to cause disease in humans and animals;

| 4. | whether any serotypes show increased virulence, for instance as regards invasiveness, or resistance to relevant therapies for human infections. |
| --- | --- |

4.

whether any serotypes show increased virulence, for instance as regards invasiveness, or resistance to relevant therapies for human infections.

P5_TA(2003)0285

Major-accident hazards involving dangerous substances ***II

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (14054/1/2002 — C5-0085/2003 — 2001/0257(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (14054/1/2002 — C5-0085/2003) (1), |
| --- | --- |

—

having regard to the Council common position (14054/1/2002 — C5-0085/2003) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001) 624) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001) 624) (3),

| — | having regard to the Commission's amended proposal (COM(2002) 540) (4), |
| --- | --- |

—

having regard to the Commission's amended proposal (COM(2002) 540) (4),

| — | having regard to Article 251(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty,

| — | having regard to Rule 80 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 80 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0198/2003), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0198/2003),

| 1. | Amends the common position as follows; |
| --- | --- |

1.

Amends the common position as follows;

| 2. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

2.

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

---

(1)  OJ C 102 E, 29.4.2003, p. 1.

(2)  P5_TA(2002)0355.

(3)  OJ C 75 E, 26.3.2002, p. 357.

(4)  OJ C 20 E, 28.1.2003, p. 255.

P5_TC2-COD(2001)0257

Position of the European Parliament adopted at second reading on 19 June 2003 with a view to the adoption of European Parliament and Council Directive 2003/.../EC amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

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

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

Following consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | Directive 96/82/EC (4) aims at the prevention of major accidents which involve dangerous substances and the limitation of their consequences for man and the environment, with a view to ensuring high levels of protection throughout the Community in a consistent and effective manner. |
| --- | --- |

(1)

Directive 96/82/EC (4) aims at the prevention of major accidents which involve dangerous substances and the limitation of their consequences for man and the environment, with a view to ensuring high levels of protection throughout the Community in a consistent and effective manner.

| (2) | In the light of recent industrial accidents and studies on carcinogens and substances dangerous for the environment carried out by the Commission at the Council's request, the scope of Directive 96/82/EC should be extended. |
| --- | --- |

(2)

In the light of recent industrial accidents and studies on carcinogens and substances dangerous for the environment carried out by the Commission at the Council's request, the scope of Directive 96/82/EC should be extended.

| (3) | The cyanide spill that polluted the Danube following the accident at Baia Mare in Romania in January 2000 has demonstrated that certain storage and processing activities in mining have a potential to produce very serious consequences. The Commission Communications on the safe operation of mining activities: a follow-up to recent mining accidents
   (5) and on the sixth environment action programme of the European Community ‘Environment 2010: Our future, Our choice’
   (6) have therefore highlighted the need for an extension of the scope of Directive 96/82/EC. In its Resolution of 5 July 2001 on the Commission Communication on the safe operation of mining activities: a follow-up to recent mining accidents
   (7), the European Parliament also welcomed the extension of the scope of that Directive to cover risks arising from storage and processing activities in mining. |
| --- | --- |

(3)

The cyanide spill that polluted the Danube following the accident at Baia Mare in Romania in January 2000 has demonstrated that certain storage and processing activities in mining have a potential to produce very serious consequences. The Commission Communications on the safe operation of mining activities: a follow-up to recent mining accidents
   (5) and on the sixth environment action programme of the European Community ‘Environment 2010: Our future, Our choice’
   (6) have therefore highlighted the need for an extension of the scope of Directive 96/82/EC. In its Resolution of 5 July 2001 on the Commission Communication on the safe operation of mining activities: a follow-up to recent mining accidents
   (7), the European Parliament also welcomed the extension of the scope of that Directive to cover risks arising from storage and processing activities in mining.

| (4) | The ‘fireworks accident’ at Enschede in the Netherlands in May 2000 has demonstrated the major accident potential arising from storage and manufacture of pyrotechnic and explosive substances. The definition of such substances in Directive 96/82/EC should therefore be clarified and simplified. |
| --- | --- |

(4)

The ‘fireworks accident’ at Enschede in the Netherlands in May 2000 has demonstrated the major accident potential arising from storage and manufacture of pyrotechnic and explosive substances. The definition of such substances in Directive 96/82/EC should therefore be clarified and simplified.

| (5) | The explosion at a fertiliser plant in Toulouse in September 2001 has raised awareness of the accident potential arising from the storage of ammonium nitrate and ammonium nitrate-based fertilisers, in particular of material rejected during the manufacturing process or returned to the manufacturer (so-called 'off-specs'). The existing categories of ammonium nitrate and ammonium nitrate-based fertilisers in Directive 96/82/EC should therefore be reviewed with a view to include 'off-specs' material. |
| --- | --- |

(5)

The explosion at a fertiliser plant in Toulouse in September 2001 has raised awareness of the accident potential arising from the storage of ammonium nitrate and ammonium nitrate-based fertilisers, in particular of material rejected during the manufacturing process or returned to the manufacturer (so-called 'off-specs'). The existing categories of ammonium nitrate and ammonium nitrate-based fertilisers in Directive 96/82/EC should therefore be reviewed with a view to include 'off-specs' material.

| (6) | Directive 96/82/EC should not be applied to sites of end-users where ammonium nitrate and ammonium nitrate-based fertilisers, which on delivery conformed to the specification in that Directive but subsequently have become degraded or contaminated, are temporarily present prior to removal for reprocessing or destruction. |
| --- | --- |

(6)

Directive 96/82/EC should not be applied to sites of end-users where ammonium nitrate and ammonium nitrate-based fertilisers, which on delivery conformed to the specification in that Directive but subsequently have become degraded or contaminated, are temporarily present prior to removal for reprocessing or destruction.

| (7) | Studies carried out by the Commission in close co-operation with the Member States support extending the list of carcinogens with appropriate qualifying quantities and significantly lowering the qualifying quantities assigned to substances dangerous for the environment in Directive 96/82/EC. |
| --- | --- |

(7)

Studies carried out by the Commission in close co-operation with the Member States support extending the list of carcinogens with appropriate qualifying quantities and significantly lowering the qualifying quantities assigned to substances dangerous for the environment in Directive 96/82/EC.

| (8) | For establishments which subsequently fall within the scope of Directive 96/82/EC, it has been shown necessary to introduce minimum periods for notifications and the establishment of major accident prevention policies, safety reports and emergency plans. |
| --- | --- |

(8)

For establishments which subsequently fall within the scope of Directive 96/82/EC, it has been shown necessary to introduce minimum periods for notifications and the establishment of major accident prevention policies, safety reports and emergency plans.

| (9) | The experience and knowledge of relevant staff in the establishment can greatly assist in the drawing up of emergency plans, and all staff in an establishment and persons likely to be affected should be appropriately informed on safety measures and actions. |
| --- | --- |

(9)

The experience and knowledge of relevant staff in the establishment can greatly assist in the drawing up of emergency plans, and all staff in an establishment and persons likely to be affected should be appropriately informed on safety measures and actions.

| (10) | The adoption of Council Decision 2001/792/EC, Euratom of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions (8) highlights the need to facilitate reinforced cooperation in civil protection assistance interventions. |
| --- | --- |

(10)

The adoption of Council Decision 2001/792/EC, Euratom of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions (8) highlights the need to facilitate reinforced cooperation in civil protection assistance interventions.

| (11) | It is useful, in order to facilitate land-use planning, to draw up guidelines defining a database to be used for assessing the compatibility between the establishments covered by Directive 96/82/EC and the areas described in Article 12(1) of that Directive. |
| --- | --- |

(11)

It is useful, in order to facilitate land-use planning, to draw up guidelines defining a database to be used for assessing the compatibility between the establishments covered by Directive 96/82/EC and the areas described in Article 12(1) of that Directive.

| (12) | There should be an obligation on Member States to supply the Commission with minimum information concerning the establishments covered by Directive 96/82/EC. |
| --- | --- |

(12)

There should be an obligation on Member States to supply the Commission with minimum information concerning the establishments covered by Directive 96/82/EC.

| (13) | It is appropriate at the same time to clarify certain passages in Directive 96/82/EC. |
| --- | --- |

(13)

It is appropriate at the same time to clarify certain passages in Directive 96/82/EC.

| (14) | The measures provided for in this Directive have been the subject of a public consultation process involving interested parties. |
| --- | --- |

(14)

The measures provided for in this Directive have been the subject of a public consultation process involving interested parties.

| (15) | Directive 96/82/EC should therefore be amended accordingly, |
| --- | --- |

(15)

Directive 96/82/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 96/82/EC is hereby amended as follows:

| 1. | In Article 4:







  (a) | points (e) and (f) shall be replaced by the following:






  ‘(e) | the exploitation (exploration, extraction and processing) of minerals in mines or quarries, or by means of boreholes, with the exception
  of processing
  operations and related storage involving dangerous substances as defined in Annex I; |
| --- | --- | --- | --- |

1.

In Article 4:

(a)

points (e) and (f) shall be replaced by the following:

‘(e)

the exploitation (exploration, extraction and processing) of minerals in mines or quarries, or by means of boreholes, with the exception
  of processing
  operations and related storage involving dangerous substances as defined in Annex I;

| (f) | the offshore exploration and exploitation of minerals, including hydrocarbons;’ |
| --- | --- |

(f)

the offshore exploration and exploitation of minerals, including hydrocarbons;’

| (b) | the following point shall be added:






  ‘(g) | waste land-fill sites with the exception of
  operational
  tailings disposal facilities, including tailing ponds or dams, containing dangerous substances as defined in Annex I and used in connection with
  the processing
  of minerals.’ |
| --- | --- | --- |

(b)

the following point shall be added:

‘(g)

waste land-fill sites with the exception of
  operational
  tailings disposal facilities, including tailing ponds or dams, containing dangerous substances as defined in Annex I and used in connection with
  the processing
  of minerals.’

| 2. | In Article 6:







  (a) | the following indent shall be added in paragraph 1:






  ‘— | for establishments which subsequently fall within the scope of this Directive, within three months after the date on which this Directive applies to the establishment concerned, as laid down in the first subparagraph of Article 2(1).’ |
| --- | --- | --- | --- |

2.

In Article 6:

(a)

the following indent shall be added in paragraph 1:

‘—

for establishments which subsequently fall within the scope of this Directive, within three months after the date on which this Directive applies to the establishment concerned, as laid down in the first subparagraph of Article 2(1).’

| (b) | the following indent shall be inserted after the first indent of paragraph 4:








  ‘
  — | substantial modification of an installation, an establishment or a storage area, or
  ’ |
| --- | --- | --- |

(b)

the following indent shall be inserted after the first indent of paragraph 4:

‘
  —

substantial modification of an installation, an establishment or a storage area, or
  ’

| 3. | The following paragraph shall be inserted in Article 7:
  ‘1a.   For establishments which subsequently fall within the scope of this Directive, the document referred to in paragraph 1 shall be drawn up without delay, but at all events within three months after the date on which this Directive applies to the establishment concerned, as laid down in the first subparagraph of Article 2(1).’ |
| --- | --- |

3.

The following paragraph shall be inserted in Article 7:

‘1a.   For establishments which subsequently fall within the scope of this Directive, the document referred to in paragraph 1 shall be drawn up without delay, but at all events within three months after the date on which this Directive applies to the establishment concerned, as laid down in the first subparagraph of Article 2(1).’

| 4. | Point (b) of Article 8(2) shall be replaced by the following:






  ‘(b) | provision is made for cooperation in informing the public and in supplying information to the authority responsible for the preparation of external emergency plans.’ |
| --- | --- | --- |

4.

Point (b) of Article 8(2) shall be replaced by the following:

‘(b)

provision is made for cooperation in informing the public and in supplying information to the authority responsible for the preparation of external emergency plans.’

| 5. | In Article 9:







  (a) | the first subparagraph of paragraph 2 shall be replaced by the following:
  ‘2.   The safety report shall contain at least the data and information listed in Annex II. It shall name the relevant organisations involved in the drawing up of the report. It shall also contain an updated inventory of the dangerous substances present in the establishment.’ |
| --- | --- | --- |

5.

In Article 9:

(a)

the first subparagraph of paragraph 2 shall be replaced by the following:

‘2.   The safety report shall contain at least the data and information listed in Annex II. It shall name the relevant organisations involved in the drawing up of the report. It shall also contain an updated inventory of the dangerous substances present in the establishment.’

| (b) | the following indent shall be inserted between the third and fourth indents of paragraph 3:






  ‘— | for establishments which subsequently fall within the scope of this Directive, without delay, but at all events within one year after the date on which this Directive applies to the establishment concerned, as laid down in the first subparagraph of Article 2(1).’ |
| --- | --- | --- |

(b)

the following indent shall be inserted between the third and fourth indents of paragraph 3:

‘—

for establishments which subsequently fall within the scope of this Directive, without delay, but at all events within one year after the date on which this Directive applies to the establishment concerned, as laid down in the first subparagraph of Article 2(1).’

| (c) | in paragraph 4, the reference to ‘the second, third, and fourth indents’ shall become ‘the second, third, fourth and fifth indents’ respectively. |
| --- | --- |

(c)

in paragraph 4, the reference to ‘the second, third, and fourth indents’ shall become ‘the second, third, fourth and fifth indents’ respectively.

| (d) | the following point shall be added after point (c) of paragraph 6:








  ‘
  (d) | Member States shall ensure that the different methods used for drawing up safety reports are approximated.
  ’ |
| --- | --- | --- |

(d)

the following point shall be added after point (c) of paragraph 6:

‘
  (d)

| 6. | In Article 11:








  (a) | the following indent shall be added to points (a) and (b) of paragraph 1:






  ‘— | for establishments which subsequently fall within the scope of this Directive, without delay, but at all events within one year after the date on which this Directive applies to the establishment concerned, as laid down in the first subparagraph of Article 2(1).’ |
| --- | --- | --- | --- |

6.

In Article 11:

(a)

the following indent shall be added to points (a) and (b) of paragraph 1:

‘—

for establishments which subsequently fall within the scope of this Directive, without delay, but at all events within one year after the date on which this Directive applies to the establishment concerned, as laid down in the first subparagraph of Article 2(1).’

| (b) | paragraph 3 shall be replaced by the following:
  ‘3.   Without prejudice to the obligations of the competent authorities, Member States shall ensure that the internal emergency plans provided for in this Directive are drawn up in consultation with the personnel working inside the establishment, including long-term relevant subcontracted personnel and that the public is consulted on external emergency plans when they are established or updated.’ |
| --- | --- |

(b)

paragraph 3 shall be replaced by the following:

‘3.   Without prejudice to the obligations of the competent authorities, Member States shall ensure that the internal emergency plans provided for in this Directive are drawn up in consultation with the personnel working inside the establishment, including long-term relevant subcontracted personnel and that the public is consulted on external emergency plans when they are established or updated.’

| (c) | the following paragraph shall be inserted:
  ‘4a.   With regard to external emergency plans, Member States should take into account the need to facilitate enhanced cooperation in civil protection assistance in major emergencies.’ |
| --- | --- |

(c)

the following paragraph shall be inserted:

‘4a.   With regard to external emergency plans, Member States should take into account the need to facilitate enhanced cooperation in civil protection assistance in major emergencies.’

| 7. | In Article 12:







  (a) | the second subparagraph of paragraph 1 shall be replaced by the following:
  ‘Member States shall ensure that their land-use and/or other relevant policies and the procedures for implementing those policies take account of the need, in the long term, to maintain appropriate distances between establishments covered by this Directive and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas and areas of particular natural sensitivity or interest and, in the case of existing establishments, of the need for additional technical measures in accordance with Article 5 so as not to increase the risks to people.’ |
| --- | --- | --- |

7.

In Article 12:

(a)

the second subparagraph of paragraph 1 shall be replaced by the following:

‘Member States shall ensure that their land-use and/or other relevant policies and the procedures for implementing those policies take account of the need, in the long term, to maintain appropriate distances between establishments covered by this Directive and residential areas, buildings and areas of public use, major transport routes as far as possible, recreational areas and areas of particular natural sensitivity or interest and, in the case of existing establishments, of the need for additional technical measures in accordance with Article 5 so as not to increase the risks to people.’

| (b) | the following paragraphs shall be inserted:
  ‘1a.   
  Not later than ... (9),
  the
  Commission
  ,
  in
  close cooperation with the Member States,
  shall
  draw up guidelines defining a
  harmonised
  technical database
  of risk data and risk scenarios
  to be used for assessing the compatibility between
  existing
  establishments covered by this Directive and the
  sensitive
  areas
  listed
  in paragraph 1.
  This assessment
  shall
  in any case
  take account of the
  evaluations made
  by the
  competent authorities
  , the information obtained from operators and all other relevant information
  such as the socio-economic benefits of development and the mitigating effects of emergency plans
  .


  1b.
     
  The Commission shall in the same context develop a scheme of incentives and/or funding for the relocation of establishments covered by this Directive which are not located at an appropriate safety distance. This could be done in the framework of regional policy. |
| --- | --- |

(b)

the following paragraphs shall be inserted:

‘1a.   
  Not later than ... (9),
  the
  Commission
  ,
  in
  close cooperation with the Member States,
  shall
  draw up guidelines defining a
  harmonised
  technical database
  of risk data and risk scenarios
  to be used for assessing the compatibility between
  existing
  establishments covered by this Directive and the
  sensitive
  areas
  listed
  in paragraph 1.
  This assessment
  shall
  in any case
  take account of the
  evaluations made
  by the
  competent authorities
  , the information obtained from operators and all other relevant information
  such as the socio-economic benefits of development and the mitigating effects of emergency plans
  .

1b.
     
  The Commission shall in the same context develop a scheme of incentives and/or funding for the relocation of establishments covered by this Directive which are not located at an appropriate safety distance. This could be done in the framework of regional policy.

| 8. | In Article 13:







  (a) | the first subparagraph of paragraph 1 shall be replaced by the following:
  ‘1.   Member States shall ensure that information on safety measures and on the requisite behaviour in the event of an accident is supplied regularly and in the most appropriate form, without their having to request it, to all persons and all establishments serving the public (such as schools and hospitals) liable to be affected by a major accident originating in an establishment covered by Article 9.’ |
| --- | --- | --- |

8.

In Article 13:

(a)

the first subparagraph of paragraph 1 shall be replaced by the following:

‘1.   Member States shall ensure that information on safety measures and on the requisite behaviour in the event of an accident is supplied regularly and in the most appropriate form, without their having to request it, to all persons and all establishments serving the public (such as schools and hospitals) liable to be affected by a major accident originating in an establishment covered by Article 9.’

| (b) | paragraph 6 shall be replaced by the following:
  ‘6.   In the case of establishments subject to the provisions of Article 9, Member States shall ensure that the inventory of dangerous substances provided for in Article 9(2) is made available to the public subject to the provisions of paragraph 4 of this Article and Article 20.’ |
| --- | --- |

(b)

paragraph 6 shall be replaced by the following:

‘6.   In the case of establishments subject to the provisions of Article 9, Member States shall ensure that the inventory of dangerous substances provided for in Article 9(2) is made available to the public subject to the provisions of paragraph 4 of this Article and Article 20.’

| 9. | The following paragraph shall be inserted in Article 19:
  ‘1a.   For establishments covered by this Directive, Member States shall supply the Commission with at least the following information:






  (a) | the name or trade name of the operator and the full address of the establishment concerned; and |
| --- | --- | --- |

9.

The following paragraph shall be inserted in Article 19:

‘1a.   For establishments covered by this Directive, Member States shall supply the Commission with at least the following information:

(a)

the name or trade name of the operator and the full address of the establishment concerned; and

| (b) | the activity or activities of the establishment. |
| --- | --- |

(b)

the activity or activities of the establishment.

The Commission shall set up and keep up to date a database containing the information supplied by the Member States. Access to the database shall be reserved to persons authorised by the Commission or the competent authorities of the Member States.’

| 10. | Annex I shall be amended as set out in the Annex. |
| --- | --- |

10.

Annex I shall be amended as set out in the Annex.

| 11. | In Annex III:







  (a) | point (c), (i) shall be replaced by the following:






  ‘(i) | organisation and personnel — the roles and responsibilities of personnel involved in the management of major hazards at all levels in the organisation. The identification of training needs of such personnel and the provision of the training so identified. The involvement of employees and of subcontracted personnel working in the establishment.’ |
| --- | --- | --- | --- |

11.

In Annex III:

(a)

point (c), (i) shall be replaced by the following:

‘(i)

organisation and personnel — the roles and responsibilities of personnel involved in the management of major hazards at all levels in the organisation. The identification of training needs of such personnel and the provision of the training so identified. The involvement of employees and of subcontracted personnel working in the establishment.’

| (b) | point (c)(v) shall be replaced by the following:








  ‘
  (v) | planning for emergencies — adoption and implementation of procedures to identify foreseeable emergencies by systematic analysis and to prepare, test and review emergency plans to respond to such emergencies, and specific training for the staff concerned. Such training shall be given to all staff working in the establishment, including sub-contracted personnel.
  ’ |
| --- | --- | --- |

(b)

point (c)(v) shall be replaced by the following:

‘
  (v)

| 12. | In Annex V, the following point shall be inserted:


  ‘
  10a. A map showing areas which might be affected by the consequences of major accidents arising from the establishment.
  ’ |
| --- | --- |

12.

In Annex V, the following point shall be inserted:

‘
  10a. A map showing areas which might be affected by the consequences of major accidents arising from the establishment.
  ’

Article 2

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before ... (10). They shall forthwith inform the Commission thereof.

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

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 75 E, 26.3.2002, p. 357
  and OJ C 20 E, 28.1.2003, p. 255.

1

and OJ C 20 E, 28.1.2003, p. 255.

(2)  OJ C 149, 21.6.2002, p. 13.

2

(3)  Position of the European Parliament of 3 July 2002 (not yet published in the Official Journal)], Council Common Position of 20 February 2003 (OJ C 102 E, 29.4.2003, p. 1) and Position of the European Parliament of 19 June 2003 (not yet published in the OJ).

3

Position

20 February 2003 (OJ C 102 E, 29.4.2003, p. 1)

Position

19 June 2003

(4)  OJ L 10, 14.1.1997, p. 13.

4

(5)  COM(2000) 664.

5

COM(2000) 664.

(6)  COM(2001) 31.

6

COM(2001) 31.

(7)  
  OJ C 65 E, 14.3.2002, p. 382
  .

7

OJ C 65 E, 14.3.2002, p. 382

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

8

(9)  Three years after the date of entry into force of this Directive.’

9

(10)  Eighteen months after the entry into force of this Directive.

10

the

ANNEX

Annex I to Directive 96/82/EC is hereby amended as follows:

| 1) | The following points shall be added to the INTRODUCTION:






  ‘6. | For the purposes of this Directive, a gas is any substance that has an absolute vapour pressure equal to or greater than 101,3 kPa at a temperature of 20 °C. |
| --- | --- | --- |

1)

The following points shall be added to the INTRODUCTION:

‘6.

For the purposes of this Directive, a gas is any substance that has an absolute vapour pressure equal to or greater than 101,3 kPa at a temperature of 20 °C.

| 7. | For the purposes of this Directive, a liquid is any substance that is not defined as a gas and that is not in the solid state at a temperature of 20 °C and at a standard pressure of 101,3 kPa.’ |
| --- | --- |

7.

For the purposes of this Directive, a liquid is any substance that is not defined as a gas and that is not in the solid state at a temperature of 20 °C and at a standard pressure of 101,3 kPa.’

| 2) | In the table in Part 1:






  (a) | the entries relating to ‘Ammonium nitrate’ shall be replaced by the following:









  Ammonium nitrate | 5 000 | 10 000 |
| --- | --- | --- | --- | --- |
| Ammonium nitrate | 1 250 | 5 000 |
| Ammonium nitrate | 350 | 2 500 |
| Ammonium nitrate | 10 | 50 |

2)

In the table in Part 1:

(a)

the entries relating to ‘Ammonium nitrate’ shall be replaced by the following:

Ammonium nitrate

5 000

10 000

Ammonium nitrate

1 250

5 000

Ammonium nitrate

350

2 500

Ammonium nitrate

10

50

| (b) | the following entries shall be inserted after the entries relating to ‘Ammonium nitrate’:











  Potassium nitrate | 1 250 | 5 000 |
| --- | --- | --- | --- |
| Potassium nitrate | 5 000 | 10 000 |

(b)

the following entries shall be inserted after the entries relating to ‘Ammonium nitrate’:

Potassium nitrate

1 250

5 000

Potassium nitrate

5 000

10 000

| (c) | the entry relating to ‘The following CARCINOGENS’ shall be replaced by the following:







  The following Carcinogens at concentrations above 5% by weight:
  4-Aminobiphenyl and/or its salts, Benzotrichloride, Benzidine and/or salts, Bis (chloromethyl) ether, Chloromethyl methyl ether, 1,2-Dibromoethane, Diethyl sulphate, Dimethyl sulphate, Dimethylcarbamoyl chloride, 1,2-Dibromo-3-chloropropane, 1,2-Dimethylhydrazine, Dimethylnitrosamine, Hexamethylphosphoric triamide, Hydrazine, 2-Naphthylamine and/or salts, 4-Nitrodiphenyl, and 1,3 Propanesultone | 0,5 | 2 |
| --- | --- | --- | --- |

(c)

the entry relating to ‘The following CARCINOGENS’ shall be replaced by the following:

The following Carcinogens at concentrations above 5% by weight:

4-Aminobiphenyl and/or its salts, Benzotrichloride, Benzidine and/or salts, Bis (chloromethyl) ether, Chloromethyl methyl ether, 1,2-Dibromoethane, Diethyl sulphate, Dimethyl sulphate, Dimethylcarbamoyl chloride, 1,2-Dibromo-3-chloropropane, 1,2-Dimethylhydrazine, Dimethylnitrosamine, Hexamethylphosphoric triamide, Hydrazine, 2-Naphthylamine and/or salts, 4-Nitrodiphenyl, and 1,3 Propanesultone

0,5

2

| (d) | the entry relating to ‘Automotive petrol and other petroleum spirits’ shall be replaced by the following:







  Petroleum products






  (a) | gasolines and naphthas, |
| --- | --- | --- |

(d)

the entry relating to ‘Automotive petrol and other petroleum spirits’ shall be replaced by the following:

Petroleum products

(a)

gasolines and naphthas,

| (b) | kerosenes (including jet fuels), |
| --- | --- |

(b)

kerosenes (including jet fuels),

| (c) | gas oils (including diesel fuels, home heating oils and gas oil blending streams) |
| --- | --- |

(c)

gas oils (including diesel fuels, home heating oils and gas oil blending streams)

2 500

25 000

| (e) | (i) | Notes 1 and 2 shall be replaced by the following:






  ‘1. | Ammonium nitrate (5 000/10 000): fertilisers capable of self-sustaining decomposition
  This applies to ammonium nitrate-based compound/composite fertilisers (compound/composite fertilisers contain ammonium nitrate with phosphate and/or potash) in which the nitrogen content as a result of ammonium nitrate is






  — | between 15,75% (1) and 24,5% (2) by weight, and either with not more than 0,4% total combustible/organic materials or which fulfil the requirements of Annex II of Directive 80/876/EEC, |
| --- | --- | --- | --- | --- |

(e)

(i)

Notes 1 and 2 shall be replaced by the following:

‘1.

Ammonium nitrate (5 000/10 000): fertilisers capable of self-sustaining decomposition

This applies to ammonium nitrate-based compound/composite fertilisers (compound/composite fertilisers contain ammonium nitrate with phosphate and/or potash) in which the nitrogen content as a result of ammonium nitrate is

—

between 15,75% (1) and 24,5% (2) by weight, and either with not more than 0,4% total combustible/organic materials or which fulfil the requirements of Annex II of Directive 80/876/EEC,

| — | 15,75% (3) by weight or less and unrestricted combustible materials, |
| --- | --- |

—

15,75% (3) by weight or less and unrestricted combustible materials,

and which are capable of self-sustaining decomposition according to the UN Trough Test (see United Nations Recommendations on the Transport of Dangerous Goods: Manual of Tests and Criteria, Part III, sub-section 38.2).

| 2. | Ammonium nitrate (1 250/5 000): fertiliser grade
  This applies to straight ammonium nitrate-based fertilisers and to ammonium nitrate-based compound/composite fertilisers in which the nitrogen content as a result of ammonium nitrate is






  — | more than 24,5% by weight, except for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90 %, |
| --- | --- | --- |

2.

Ammonium nitrate (1 250/5 000): fertiliser grade

This applies to straight ammonium nitrate-based fertilisers and to ammonium nitrate-based compound/composite fertilisers in which the nitrogen content as a result of ammonium nitrate is

—

more than 24,5% by weight, except for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90 %,

| — | more than 15,75% by weight for mixtures of ammonium nitrate and ammonium sulphate, |
| --- | --- |

—

more than 15,75% by weight for mixtures of ammonium nitrate and ammonium sulphate,

| — | more than 28% (4) by weight for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90 %, |
| --- | --- |

—

more than 28% (4) by weight for mixtures of ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90 %,

and which fulfil the requirements of Annex II of Directive 80/876/EEC.

| 3. | Ammonium nitrate (350/2 500): technical grade
  This applies to






  — | ammonium nitrate and preparations of ammonium nitrate in which the nitrogen content as a result of the ammonium nitrate is






  — | between 24,5% and 28% by weight, and which contain not more than 0,4% combustible substances, |
| --- | --- | --- | --- |

3.

Ammonium nitrate (350/2 500): technical grade

This applies to

—

ammonium nitrate and preparations of ammonium nitrate in which the nitrogen content as a result of the ammonium nitrate is

—

between 24,5% and 28% by weight, and which contain not more than 0,4% combustible substances,

| — | more than 28% by weight, and which contain not more than 0,2% combustible substances, |
| --- | --- |

—

more than 28% by weight, and which contain not more than 0,2% combustible substances,

| — | aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more than 80% by weight. |
| --- | --- |

—

aqueous ammonium nitrate solutions in which the concentration of ammonium nitrate is more than 80% by weight.

| 4. | Ammonium nitrate (10/50): ‘off-specs’ material and fertilisers not fulfilling the detonation test
  This applies to






  — | material rejected during the manufacturing process and to ammonium nitrate and preparations of ammonium nitrate, straight ammonium nitrate-based fertilisers and ammonium nitrate-based compound/composite fertilisers referred to in Notes 2 and 3
  ,
  that are being or have been returned from the final user to a manufacturer, temporary storage or reprocessing plant for reworking, recycling or treatment for safe use, because they no longer comply with the specifications of Notes 2 and 3, |
| --- | --- | --- |

4.

Ammonium nitrate (10/50): ‘off-specs’ material and fertilisers not fulfilling the detonation test

This applies to

—

material rejected during the manufacturing process and to ammonium nitrate and preparations of ammonium nitrate, straight ammonium nitrate-based fertilisers and ammonium nitrate-based compound/composite fertilisers referred to in Notes 2 and 3
  ,
  that are being or have been returned from the final user to a manufacturer, temporary storage or reprocessing plant for reworking, recycling or treatment for safe use, because they no longer comply with the specifications of Notes 2 and 3,

| — | fertilisers referred to in Note 1, first indent, and Note 2 which do not fulfil the requirements of Annex II of Directive 80/876/EEC. |
| --- | --- |

—

fertilisers referred to in Note 1, first indent, and Note 2 which do not fulfil the requirements of Annex II of Directive 80/876/EEC.

| 5. | Potassium nitrate (1 250/5 000): composite potassium-nitrate based fertilisers composed of potassium nitrate in crystalline form. |
| --- | --- |

5.

| 6. | Potassium nitrate (5 000/10 000): composite potassium-nitrate based fertilisers composed of potassium nitrate in prilled/granular form.
  ’ |
| --- | --- |

6.

| (ii) | The note relating to polychlorodibenzofurans and polychlorodibenzodioxins shall become note 7. |
| --- | --- |

(ii)

The note relating to polychlorodibenzofurans and polychlorodibenzodioxins shall become note 7.

| (iii) | the following footnotes shall appear below the table entitled ‘International Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS)’:






  ‘(1) | 15,75% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate. |
| --- | --- | --- |

(iii)

the following footnotes shall appear below the table entitled ‘International Toxic Equivalent Factors (ITEF) for the congeners of concern (NATO/CCMS)’:

‘(1)

15,75% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate.

| (2) | 24,5% nitrogen content by weight as a result of ammonium nitrate corresponds to 70% ammonium nitrate. |
| --- | --- |

(2)

24,5% nitrogen content by weight as a result of ammonium nitrate corresponds to 70% ammonium nitrate.

| (3) | 15,75% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate. |
| --- | --- |

(3)

15,75% nitrogen content by weight as a result of ammonium nitrate corresponds to 45% ammonium nitrate.

| (4) | 28% nitrogen content by weight as a result of ammonium nitrate corresponds to 80% ammonium nitrate.'’ |
| --- | --- |

(4)

28% nitrogen content by weight as a result of ammonium nitrate corresponds to 80% ammonium nitrate.'’

| 3) | In Part 2:






  (a) | entries 4 and 5 shall be replaced by the following:








  4. | EXPLOSIVE (see Note 2)
  where the substance, preparation or article falls under UN/ADR Division 1.4 | 50 | 200 |
| --- | --- | --- | --- | --- | --- |
| 5. | EXPLOSIVE (see Note 2)
  where the substance, preparation or article falls under any of:
  UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3 | 10 | 50 |

3)

In Part 2:

(a)

entries 4 and 5 shall be replaced by the following:

4.

EXPLOSIVE (see Note 2)

where the substance, preparation or article falls under UN/ADR Division 1.4

50

200

5.

EXPLOSIVE (see Note 2)

where the substance, preparation or article falls under any of:

UN/ADR Divisions 1.1, 1.2, 1.3, 1.5 or 1.6 or risk phrase R2 or R3

10

50

| (b) | entry 9 shall be replaced by the following:








  9. | DANGEROUS FOR THE ENVIRONMENT | | |
| --- | --- | --- | --- | --- |
| risk phrases: | | |
| (i) | R50: ‘Very toxic to aquatic organisms’ (including R50/53) |

(b)

entry 9 shall be replaced by the following:

9.

DANGEROUS FOR THE ENVIRONMENT

risk phrases:

(i)

R50: ‘Very toxic to aquatic organisms’ (including R50/53)

100

200

| (ii) | R51/53: ‘Toxic to aquatic organisms; may cause long term adverse effects in the aquatic environment’ |
| --- | --- |

(ii)

R51/53: ‘Toxic to aquatic organisms; may cause long term adverse effects in the aquatic environment’

200

500

| (c) | In the Notes:






  (i) | Note 1 shall be replaced by the following:






  ‘1. | Substances and preparations are classified according to the following Directives and their current adaptation to technical progress:






  — | Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1), |
| --- | --- | --- | --- | --- |

(c)

In the Notes:

(i)

Note 1 shall be replaced by the following:

‘1.

Substances and preparations are classified according to the following Directives and their current adaptation to technical progress:

—

Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1),

| — | Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (2), |
| --- | --- |

—

Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (2),

| — | Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (3), |
| --- | --- |

—

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (3),

| — | Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (4). |
| --- | --- |

—

Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (4).

In the case of substances and preparations which are not classified as dangerous according to either of the above Directives, for example waste, but which nevertheless are present, or are likely to be present, in an establishment and which possess or are likely to possess, under the conditions found at the establishment, equivalent properties in terms of major-accident potential, the procedures for provisional classification shall be followed in accordance with the relevant article of the appropriate Directive.

In the case of substances and preparations with properties giving rise to more than one classification, for the purposes of this Directive the lowest qualifying quantities shall apply. However, for the application of the rule in Note 4, the qualifying quantity used shall always be the one corresponding to the classification concerned.

For the purposes of this Directive, the Commission shall establish and keep up to date a list of substances which have been classified into the above categories by a harmonised Decision in accordance with Directive 67/548/EEC.’

| (ii) | Note 2 shall be replaced by the following:






  ‘2. | An ‘explosive’ means:






  — | a substance or preparation which creates the risk of an explosion by shock, friction, fire or other sources of ignition (risk phrase R2), |
| --- | --- | --- | --- |

(ii)

Note 2 shall be replaced by the following:

‘2.

An ‘explosive’ means:

—

a substance or preparation which creates the risk of an explosion by shock, friction, fire or other sources of ignition (risk phrase R2),

| — | a substance or preparation which creates extreme risks of explosion by shock, friction, fire or other sources of ignition (risk phrase R3), or |
| --- | --- |

—

a substance or preparation which creates extreme risks of explosion by shock, friction, fire or other sources of ignition (risk phrase R3), or

| — | a substance, preparation or article covered by Class 1 of the European Agreement concerning the International Carriage of Dangerous Goods by Road (UN/ADR), concluded on 30 September 1957, as amended, as transposed by Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (5). |
| --- | --- |

—

a substance, preparation or article covered by Class 1 of the European Agreement concerning the International Carriage of Dangerous Goods by Road (UN/ADR), concluded on 30 September 1957, as amended, as transposed by Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (5).

Included in this definition are pyrotechnics, which for the purposes of this Directive are defined as substances (or mixtures of substances) designated to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions. Where a substance or preparation is classified by both UN/ADR and risk phase R2 or R3, the UN/ADR classification shall take precedence over assignment of risk phrases.

Substances and articles of Class 1 are classified in any of the divisions 1.1 to 1.6 in accordance with the UN/ADR classification scheme. The divisions concerned are:

Division 1.1: ‘Substances and articles which have a mass explosion hazard (a mass explosion is an explosion which affects almost the entire load virtually instantaneously).’

Division 1.2: ‘Substances and articles which have a projection hazard but not a mass explosion hazard.’

Division 1.3: ‘Substances and articles which have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard:’

| ‘(a) | combustion of which gives rise to considerable radiant heat; or’ |
| --- | --- |

‘(a)

combustion of which gives rise to considerable radiant heat; or’

| ‘(b) | which burn one after another, producing minor blast or projection effects or both.’ |
| --- | --- |

‘(b)

which burn one after another, producing minor blast or projection effects or both.’

Division 1.4: ‘Substances and articles which present only a slight risk in the event of ignition or initiation during carriage. The effects are largely confined to the package and no projection of fragments of appreciable size or range is to be expected. An external fire shall not cause virtually instantaneous explosion of virtually the entire contents of the package.’

Division 1.5: ‘Very insensitive substances having a mass explosion hazard which are so insensitive that there is very little probability of initiation or of transition from burning to detonation under normal conditions of carriage. As a minimum requirement they shall not explode in the external fire test.’

Division 1.6: ‘Extremely insensitive articles which do not have a mass explosion hazard. The articles contain only extremely insensitive detonating substances and demonstrate a negligible probability of accidental initiation or propagation. The risk is limited to the explosion of a single article.’

Included in this definition are also explosive or pyrotechnic substances or preparations contained in articles. In the case of articles containing explosive or pyrotechnic substances or preparations, if the quantity of the substance or preparation contained is known, that quantity shall be considered for the purposes of this Directive. If the quantity is not known, then, for the purposes of this Directive, the whole article shall be treated as explosive.’

| (iii) | in Note 3(b)1, the second indent shall be replaced by the following:






  ‘— | substances and preparations which have a flash point lower than 55 °C and which remain liquid under pressure, where particular processing conditions, such as high pressure or high temperature, may create major-accident hazards;’ |
| --- | --- | --- |

(iii)

in Note 3(b)1, the second indent shall be replaced by the following:

‘—

substances and preparations which have a flash point lower than 55 °C and which remain liquid under pressure, where particular processing conditions, such as high pressure or high temperature, may create major-accident hazards;’

| (iv) | 3(c)2 shall be replaced by the following:






  ‘2. | gases which are flammable in contact with air at ambient temperature and pressure (risk phrase R12, second indent), which are in a gaseous or supercritical state, and’ |
| --- | --- | --- |

(iv)

3(c)2 shall be replaced by the following:

‘2.

gases which are flammable in contact with air at ambient temperature and pressure (risk phrase R12, second indent), which are in a gaseous or supercritical state, and’

| (v) | Note 3(c)3 shall be replaced by the following:






  ‘3. | flammable and highly flammable liquid substances and preparations maintained at a temperature above their boiling point.’ |
| --- | --- | --- |

(v)

Note 3(c)3 shall be replaced by the following:

‘3.

flammable and highly flammable liquid substances and preparations maintained at a temperature above their boiling point.’

| (vi) | Note 4 shall be replaced by the following:






  ‘4. | In the case of an establishment where no individual substance or preparation is present in a quantity above or equal to the relevant qualifying quantities, the following rule shall be applied to determine whether the establishment is covered by the relevant requirements of this Directive.
  This Directive shall apply if the sum
  q1/QU1
  - q2/ QU2
  - q3/ QU3
  - q4/ QU4
  - q5/ QU5
  - ... is greater than or equal to 1,
  where qX = the quantity of dangerous substance x (or category of dangerous substances) falling within Parts 1 or 2 of this Annex,
  and QUX
  = the relevant qualifying quantity for substance or category x from column 3 of Parts 1 or 2.
  This Directive shall apply, with the exception of Articles 9, 11 and 13, if the sum
  q1/QL1 + q2/ QL2
  - q3/ QL3
  - q4/ QL4
  - q5/ QL5
  - ... is greater than or equal to 1,
  where qX = the quantity of dangerous substance x (or category of dangerous substances) falling within Parts 1 or 2 of this Annex,
  and QLX
  = the relevant qualifying quantity for substance or category x from column 2 of Parts 1 or 2.
  This rule shall be used to assess the overall hazards associated with toxicity, flammability, and eco-toxicity. It must therefore be applied three times:






  (a) | for the addition of substances and preparations named in Part 1 and classified as toxic or very toxic, together with substances and preparations falling into categories 1 or 2; |
| --- | --- | --- | --- |

(vi)

Note 4 shall be replaced by the following:

‘4.

In the case of an establishment where no individual substance or preparation is present in a quantity above or equal to the relevant qualifying quantities, the following rule shall be applied to determine whether the establishment is covered by the relevant requirements of this Directive.

This Directive shall apply if the sum

q1/QU1
  - q2/ QU2
  - q3/ QU3
  - q4/ QU4
  - q5/ QU5
  - ... is greater than or equal to 1,

where qX = the quantity of dangerous substance x (or category of dangerous substances) falling within Parts 1 or 2 of this Annex,

and QUX
  = the relevant qualifying quantity for substance or category x from column 3 of Parts 1 or 2.

This Directive shall apply, with the exception of Articles 9, 11 and 13, if the sum

q1/QL1 + q2/ QL2
  - q3/ QL3
  - q4/ QL4
  - q5/ QL5
  - ... is greater than or equal to 1,

where qX = the quantity of dangerous substance x (or category of dangerous substances) falling within Parts 1 or 2 of this Annex,

and QLX
  = the relevant qualifying quantity for substance or category x from column 2 of Parts 1 or 2.

This rule shall be used to assess the overall hazards associated with toxicity, flammability, and eco-toxicity. It must therefore be applied three times:

(a)

for the addition of substances and preparations named in Part 1 and classified as toxic or very toxic, together with substances and preparations falling into categories 1 or 2;

| (b) | for the addition of substances and preparations named in Part 1 and classified as oxidising, explosive, flammable, highly flammable, or extremely flammable, together with substances and preparations falling into categories 3, 4, 5, 6, 7a, 7b or 8; |
| --- | --- |

(b)

for the addition of substances and preparations named in Part 1 and classified as oxidising, explosive, flammable, highly flammable, or extremely flammable, together with substances and preparations falling into categories 3, 4, 5, 6, 7a, 7b or 8;

| (c) | for the addition of substances and preparations named in Part 1 and classified as dangerous for the environment (R50 (including R50/53) or R51/53), together with substances and preparations falling into categories 9(i) or 9(ii). |
| --- | --- |

(c)

for the addition of substances and preparations named in Part 1 and classified as dangerous for the environment (R50 (including R50/53) or R51/53), together with substances and preparations falling into categories 9(i) or 9(ii).

The relevant provisions of this Directive apply if any of the sums obtained by (a), (b) or (c) is greater than or equal to 1.’

| (vii) | the following footnotes shall appear at the end of the Notes:






  ‘(1) | OJ 196, 16.8.1967, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36). |
| --- | --- | --- |

(vii)

the following footnotes shall appear at the end of the Notes:

‘(1)

OJ 196, 16.8.1967, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

| (2) | OJ L 200, 30.7.1999, p. 1. Directive as last amended by Commission Directive 2001/60/EC (OJ L 226, 22.8.2001, p. 5). |
| --- | --- |

(2)

OJ L 200, 30.7.1999, p. 1. Directive as last amended by Commission Directive 2001/60/EC (OJ L 226, 22.8.2001, p. 5).

| (3) | OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1). |
| --- | --- |

(3)

| (4) | OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28). |
| --- | --- |

(4)

| (5) | OJ L 319, 12.12.1994, p. 7. Directive as last amended by Commission Directive 2003/28/EC (OJ L 90, 8.4.2003, p. 45).’ |
| --- | --- |

(5)

OJ L 319, 12.12.1994, p. 7. Directive as last amended by Commission Directive 2003/28/EC (OJ L 90, 8.4.2003, p. 45).’

P5_TA(2003)0286

Additives in animal nutrition ***II

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council regulation on additives for use in animal nutrition (15776/2/2002 — C5-0132/2003 — 2002/0073(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (15776/2/2002 — C5-0132/2003) (1), |
| --- | --- |

—

having regard to the Council common position (15776/2/2002 — C5-0132/2003) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2002) 153) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2002) 153) (3),

| — | having regard to the Commission's amended proposal (COM(2002) 771) (4), |
| --- | --- |

—

having regard to the Commission's amended proposal (COM(2002) 771) (4),

| — | having regard to Article 251(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty,

| — | having regard to Rule 80 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 80 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Agriculture and Rural Development (A5-0176/2003), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Agriculture and Rural Development (A5-0176/2003),

| 1. | Amends the common position as follows; |
| --- | --- |

1.

Amends the common position as follows;

| 2. | Instructs its President to forward its position to the and the Commission. |
| --- | --- |

2.

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

---

(1)  OJ C 113 E, 13.5.2003, p. 1.

(2)  P5_TA(2003)0560.

(3)  OJ C 203 E, 27.8.2002, p. 10.

(4)  Not yet published in the OJ.

P5_TC2-COD(2002)0073

Position of the European Parliament adopted at second reading on 19 June 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2003 on additives for use in animal nutrition

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 37 and 152(4)(b) thereof,

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

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

Following consultation of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | Livestock production occupies a very important place in the agriculture of the Community; satisfactory results depend to a large extent on the use of safe and good-quality feedingstuffs. |
| --- | --- |

(1)

Livestock production occupies a very important place in the agriculture of the Community; satisfactory results depend to a large extent on the use of safe and good-quality feedingstuffs.

| (2) | The free movement of safe and wholesome food and feed is an essential aspect of the internal market and contributes significantly to the health and wellbeing of citizens, and to their social and economic interests. |
| --- | --- |

(2)

The free movement of safe and wholesome food and feed is an essential aspect of the internal market and contributes significantly to the health and wellbeing of citizens, and to their social and economic interests.

| (3) | A high level of protection of human life and health should be assured in the pursuit of Community policies. |
| --- | --- |

(3)

A high level of protection of human life and health should be assured in the pursuit of Community policies.

| (4) | In order to protect human health, animal health and the environment, feed additives should undergo a safety assessment through a Community procedure before being placed on the market, used or processed within the Community. Since pet food is not part of the human food chain and has no environmental impact on arable land, specific provisions for additives in pet food are appropriate. |
| --- | --- |

(4)

In order to protect human health, animal health and the environment, feed additives should undergo a safety assessment through a Community procedure before being placed on the market, used or processed within the Community. Since pet food is not part of the human food chain and has no environmental impact on arable land, specific provisions for additives in pet food are appropriate.

| (5) | It is a principle of Community food law, enshrined in Article 11 of Regulation (EC) No 178/2002 of the European Parliament and of the Council

   (4)

  , that food and feed imported for placing on the market within the Community must comply with the relevant requirements of Community legislation or with conditions recognised by the Community to be at least equivalent thereto. It is therefore necessary to subject imports from third countries of additives for use in animal nutrition to requirements equivalent to those applying to additives produced in the Community. |
| --- | --- |

(5)

It is a principle of Community food law, enshrined in Article 11 of Regulation (EC) No 178/2002 of the European Parliament and of the Council

   (4)

  , that food and feed imported for placing on the market within the Community must comply with the relevant requirements of Community legislation or with conditions recognised by the Community to be at least equivalent thereto. It is therefore necessary to subject imports from third countries of additives for use in animal nutrition to requirements equivalent to those applying to additives produced in the Community.

| (6) | Action by the Community relating to human health, animal health and the environment should be based on the precautionary principle. |
| --- | --- |

(6)

Action by the Community relating to human health, animal health and the environment should be based on the precautionary principle.

| (7) | In accordance with Article 153 of the Treaty, the Community is to contribute to promoting the right of consumers to information. |
| --- | --- |

(7)

In accordance with Article 153 of the Treaty, the Community is to contribute to promoting the right of consumers to information.

| (8) | Experience with the application of Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (5) has shown that it is necessary to review all the rules on additives in order to take into account the need to ensure a greater degree of protection of animal and human health and of the environment. It is also necessary to take into account the fact that technological progress and scientific developments have made available new types of additives, such as those to be used on silage or in water. |
| --- | --- |

(8)

Experience with the application of Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs (5) has shown that it is necessary to review all the rules on additives in order to take into account the need to ensure a greater degree of protection of animal and human health and of the environment. It is also necessary to take into account the fact that technological progress and scientific developments have made available new types of additives, such as those to be used on silage or in water.

| (9) | This Regulation should also cover mixtures of additives sold to the end-user, and the marketing and use of those mixtures should comply with the conditions laid down in the authorisation of each single additive. |
| --- | --- |

(9)

This Regulation should also cover mixtures of additives sold to the end-user, and the marketing and use of those mixtures should comply with the conditions laid down in the authorisation of each single additive.

| (10) | Premixtures should not be regarded as preparations covered by the definition of additives. |
| --- | --- |

(10)

Premixtures should not be regarded as preparations covered by the definition of additives.

| (11) | The basic principle in this field should be that only those additives approved under the procedure provided for in this Regulation may be placed on the market, used and processed in animal feeding under conditions set out in the authorisation. |
| --- | --- |

(11)

The basic principle in this field should be that only those additives approved under the procedure provided for in this Regulation may be placed on the market, used and processed in animal feeding under conditions set out in the authorisation.

| (12) | Categories of feed additives should be defined in order to facilitate the assessment procedure with a view to authorisation. Amino acids, their salts and analogues, and urea and its derivatives, which are currently covered by Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (6), should be included as a category of feed additives and therefore transferred from the scope of that Directive to this Regulation. |
| --- | --- |

(12)

Categories of feed additives should be defined in order to facilitate the assessment procedure with a view to authorisation. Amino acids, their salts and analogues, and urea and its derivatives, which are currently covered by Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition (6), should be included as a category of feed additives and therefore transferred from the scope of that Directive to this Regulation.

| (13) | Implementing rules concerning applications for authorisation of feed additives should take into account different documentation requirements for food-producing and other animals. |
| --- | --- |

(13)

Implementing rules concerning applications for authorisation of feed additives should take into account different documentation requirements for food-producing and other animals.

| (14) | In order to ensure a harmonised scientific assessment of feed additives, such assessment should be carried out by the European Food Safety Authority established by Regulation (EC) No 178/2002. Applications should be supplemented by residue studies in order to assess the establishment of Maximum Residues Limits (MRLs). |
| --- | --- |

(14)

In order to ensure a harmonised scientific assessment of feed additives, such assessment should be carried out by the European Food Safety Authority established by Regulation (EC) No 178/2002. Applications should be supplemented by residue studies in order to assess the establishment of Maximum Residues Limits (MRLs).

| (15) | The Commission should establish guidelines for the authorisation of feed additives in cooperation with the European Food Safety Authority. In establishing these guidelines, attention should be paid to the possibility of extrapolating the results of the studies carried out on major species to minor species. |
| --- | --- |

(15)

The Commission should establish guidelines for the authorisation of feed additives in cooperation with the European Food Safety Authority. In establishing these guidelines, attention should be paid to the possibility of extrapolating the results of the studies carried out on major species to minor species.

| (16) | It is also necessary to provide for a simplified authorisation procedure for those additives which have successfully undergone the authorisation procedure for food use provided for in Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption (7). |
| --- | --- |

(16)

It is also necessary to provide for a simplified authorisation procedure for those additives which have successfully undergone the authorisation procedure for food use provided for in Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption (7).

| (17) | It is recognised that scientific risk assessment alone cannot, in some cases, provide all the information on which a risk management decision should be based, and that other factors relevant to the matter under consideration should legitimately be taken into account, including societal, economic or environmental factors, feasibility of controls and the benefit for the animal or for the consumer of animal products. Therefore, the authorisation of an additive should be granted by the Commission. |
| --- | --- |

(17)

It is recognised that scientific risk assessment alone cannot, in some cases, provide all the information on which a risk management decision should be based, and that other factors relevant to the matter under consideration should legitimately be taken into account, including societal, economic or environmental factors, feasibility of controls and the benefit for the animal or for the consumer of animal products. Therefore, the authorisation of an additive should be granted by the Commission.

| (18) | In order to ensure the necessary level of protection for animal welfare and consumer safety, applicants should be encouraged to seek authorisation extensions for minor species by being granted one year's additional data protection in addition to the 10 years' data protection for all species for which the additive is authorised. |
| --- | --- |

(18)

In order to ensure the necessary level of protection for animal welfare and consumer safety, applicants should be encouraged to seek authorisation extensions for minor species by being granted one year's additional data protection in addition to the 10 years' data protection for all species for which the additive is authorised.

| (19) | Competence for authorising feed additives and establishing conditions for their use and for maintaining and publishing a register of authorised feed additives should be conferred on the Commission in accordance with a procedure by which close collaboration between Member States and the Commission is guaranteed in the framework of the Standing Committee on the Food Chain and Animal Health. |
| --- | --- |

(19)

Competence for authorising feed additives and establishing conditions for their use and for maintaining and publishing a register of authorised feed additives should be conferred on the Commission in accordance with a procedure by which close collaboration between Member States and the Commission is guaranteed in the framework of the Standing Committee on the Food Chain and Animal Health.

| (20) | It is necessary to introduce, where appropriate, an obligation for the holder of the authorisation to implement a post-market monitoring plan in order to trace and identify any direct or indirect, immediate, delayed or unforeseen effect resulting from the use of feed additives on human or animal health or the environment using a product tracing framework similar to that which already exists in other sectors and in line with the traceability requirements laid down in food law. |
| --- | --- |

(20)

It is necessary to introduce, where appropriate, an obligation for the holder of the authorisation to implement a post-market monitoring plan in order to trace and identify any direct or indirect, immediate, delayed or unforeseen effect resulting from the use of feed additives on human or animal health or the environment using a product tracing framework similar to that which already exists in other sectors and in line with the traceability requirements laid down in food law.

| (21) | In order to allow technological progress and scientific development to be taken into account, it is necessary to revise the authorisations of feed additives regularly. Time-limited authorisations should allow this review. |
| --- | --- |

(21)

In order to allow technological progress and scientific development to be taken into account, it is necessary to revise the authorisations of feed additives regularly. Time-limited authorisations should allow this review.

| (22) | A register of authorised feed additives should be established, including product-specific information and detection methods. Non-confidential data should be made available to the public. |
| --- | --- |

(22)

A register of authorised feed additives should be established, including product-specific information and detection methods. Non-confidential data should be made available to the public.

| (23) | It is necessary to establish transitional rules to take into account additives which are already on the market and which were authorised under Directive 70/524/EEC, and amino acids, their salts and analogues, urea and its derivatives, currently authorised under Directive 82/471/EEC, and silage agents, as well as additives for which the authorisation procedure is in progress. In particular, it is appropriate to provide that such products can remain on the market only insofar as notification with a view to their evaluation has been submitted to the Commission within one year after the entry into force of this Regulation. |
| --- | --- |

(23)

It is necessary to establish transitional rules to take into account additives which are already on the market and which were authorised under Directive 70/524/EEC, and amino acids, their salts and analogues, urea and its derivatives, currently authorised under Directive 82/471/EEC, and silage agents, as well as additives for which the authorisation procedure is in progress. In particular, it is appropriate to provide that such products can remain on the market only insofar as notification with a view to their evaluation has been submitted to the Commission within one year after the entry into force of this Regulation.

| (24) | A number of silage additives are currently marketed and used in the Community without an authorisation granted pursuant to Directive 70/524/EEC. While it is indispensable to apply the provisions of this Regulation to such substances in view of their nature and use, it is appropriate to apply the same transitional arrangements. In this way it will be possible to obtain information on all the substances currently used and to establish a list of them, which would allow safeguard measures to be taken, where appropriate, for those substances that do not fulfil the authorisation criteria mentioned in Article 5 of this Regulation. |
| --- | --- |

(24)

A number of silage additives are currently marketed and used in the Community without an authorisation granted pursuant to Directive 70/524/EEC. While it is indispensable to apply the provisions of this Regulation to such substances in view of their nature and use, it is appropriate to apply the same transitional arrangements. In this way it will be possible to obtain information on all the substances currently used and to establish a list of them, which would allow safeguard measures to be taken, where appropriate, for those substances that do not fulfil the authorisation criteria mentioned in Article 5 of this Regulation.

| (25) | The Scientific Steering Committee stated in its opinion of 28 May 1999 that: ‘regarding the use of antimicrobials as growth promoting agents, the use of agents from classes which are or may be used in human or veterinary medicine (i.e. where there is a risk of selecting for cross-resistance to drugs used to treat bacterial infections) should be phased out as soon as possible and ultimately abolished’. The second opinion of the Scientific Steering Committee on antimicrobial resistance adopted on 10-11 May 2001 confirmed the need to provide a sufficient time to replace those antimicrobials by alternative products: ‘Thus, the phase-out process must be planned and coordinated since precipitous actions could have repercussions for animal health’. |
| --- | --- |

(25)

The Scientific Steering Committee stated in its opinion of 28 May 1999 that: ‘regarding the use of antimicrobials as growth promoting agents, the use of agents from classes which are or may be used in human or veterinary medicine (i.e. where there is a risk of selecting for cross-resistance to drugs used to treat bacterial infections) should be phased out as soon as possible and ultimately abolished’. The second opinion of the Scientific Steering Committee on antimicrobial resistance adopted on 10-11 May 2001 confirmed the need to provide a sufficient time to replace those antimicrobials by alternative products: ‘Thus, the phase-out process must be planned and coordinated since precipitous actions could have repercussions for animal health’.

| (26) | Therefore, it is necessary to set a date after which the use of the antibiotics still authorised for use as growth promoting agents will be forbidden, while allowing sufficient time for the development of alternative products to replace those antibiotics. Provision should also be made to forbid the authorisation of any further antibiotics for use as feed additives. Within the framework of the phasing out of antibiotics used as growth promoters and in order to ensure a high level of protection of animal health, the European Food Safety Authority will be asked to review the progress achieved in the development of alternative substances and alternative methods of management, feeding, hygiene, etc. before 2005. |
| --- | --- |

(26)

Therefore, it is necessary to set a date after which the use of the antibiotics still authorised for use as growth promoting agents will be forbidden, while allowing sufficient time for the development of alternative products to replace those antibiotics. Provision should also be made to forbid the authorisation of any further antibiotics for use as feed additives. Within the framework of the phasing out of antibiotics used as growth promoters and in order to ensure a high level of protection of animal health, the European Food Safety Authority will be asked to review the progress achieved in the development of alternative substances and alternative methods of management, feeding, hygiene, etc. before 2005.

| (27) | Certain substances with coccidiostatic and histomonostatic effects should be considered as feed additives for the purposes of this Regulation. |
| --- | --- |

(27)

Certain substances with coccidiostatic and histomonostatic effects should be considered as feed additives for the purposes of this Regulation.

| (28) | Detailed labelling of the product should be required since it enables the end-user to make a choice with full knowledge of the facts, creates fewer obstacles to trade and facilitates fairness of transactions.
  In this respect, it is generally appropriate for requirements applying to feed additives to mirror the ones applying to food additives. It is therefore appropriate to provide for simplified labelling requirements for flavouring compounds similar to the ones applied to food flavourings; this should however be without prejudice to the possibility of providing for specific labelling requirements in the authorisation of individual additives. |
| --- | --- |

(28)

Detailed labelling of the product should be required since it enables the end-user to make a choice with full knowledge of the facts, creates fewer obstacles to trade and facilitates fairness of transactions.
  In this respect, it is generally appropriate for requirements applying to feed additives to mirror the ones applying to food additives. It is therefore appropriate to provide for simplified labelling requirements for flavouring compounds similar to the ones applied to food flavourings; this should however be without prejudice to the possibility of providing for specific labelling requirements in the authorisation of individual additives.

| (29) | Regulation (EC) No .../2003 of the European Parliament and of the Council of ... on genetically modified food and feed (8) provides for an authorisation procedure for the placing on the market of genetically modified food and feed, including feed additives consisting of, containing or produced from genetically modified organisms. Since the objectives of the said Regulation are different from those of this Regulation, feed additives should undergo an authorisation procedure in addition to the authorisation procedure provided for by that Regulation before they are placed on the market. |
| --- | --- |

(29)

Regulation (EC) No .../2003 of the European Parliament and of the Council of ... on genetically modified food and feed (8) provides for an authorisation procedure for the placing on the market of genetically modified food and feed, including feed additives consisting of, containing or produced from genetically modified organisms. Since the objectives of the said Regulation are different from those of this Regulation, feed additives should undergo an authorisation procedure in addition to the authorisation procedure provided for by that Regulation before they are placed on the market.

| (30) | Articles 53 and 54 of Regulation (EC) No 178/2002 establish procedures for taking emergency measures in relation to feed of Community origin or imported from a third country. They allow such measures to be adopted in situations where feed is likely to constitute a serious risk to human health, animal health or the environment and where such risk cannot be contained satisfactorily by measures taken by the Member State(s) concerned. |
| --- | --- |

(30)

Articles 53 and 54 of Regulation (EC) No 178/2002 establish procedures for taking emergency measures in relation to feed of Community origin or imported from a third country. They allow such measures to be adopted in situations where feed is likely to constitute a serious risk to human health, animal health or the environment and where such risk cannot be contained satisfactorily by measures taken by the Member State(s) concerned.

| (31) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9). |
| --- | --- |

(31)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9).

| (32) | Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive. |
| --- | --- |

(32)

Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive.

| (33) | Directive 70/524/EEC should be repealed. However labelling provisions applicable to compound feedingstuffs incorporating additives should be maintained until a revision of Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs (10) is completed. |
| --- | --- |

(33)

Directive 70/524/EEC should be repealed. However labelling provisions applicable to compound feedingstuffs incorporating additives should be maintained until a revision of Council Directive 79/373/EEC of 2 April 1979 on the marketing of compound feedingstuffs (10) is completed.

| (34) | Guidelines addressed to the Member States for the presentation of an application dossier are contained in Council Directive 87/153/EEC of 16 February 1987 fixing guidelines for the assessment of additives in animal nutrition (11). Verification of the conformity of dossiers is entrusted to the European Food Safety Authority. It is therefore necessary to repeal Directive 87/153/EEC. However, the Annex should remain in force until implementing rules are adopted. |
| --- | --- |

(34)

Guidelines addressed to the Member States for the presentation of an application dossier are contained in Council Directive 87/153/EEC of 16 February 1987 fixing guidelines for the assessment of additives in animal nutrition (11). Verification of the conformity of dossiers is entrusted to the European Food Safety Authority. It is therefore necessary to repeal Directive 87/153/EEC. However, the Annex should remain in force until implementing rules are adopted.

| (35) | A transitional period is needed to avoid disruptions in the use of feed additives. Therefore, until the rules of this Regulation are applicable, the substances already authorised should be permitted to remain on the market and be used under the conditions of the current legislation, |
| --- | --- |

(35)

A transitional period is needed to avoid disruptions in the use of feed additives. Therefore, until the rules of this Regulation are applicable, the substances already authorised should be permitted to remain on the market and be used under the conditions of the current legislation,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SCOPE AND DEFINITIONS

Article 1

Scope

1.   The purpose of this Regulation is to establish a Community procedure for authorising the placing on the market and use of feed additives and to lay down rules for the supervision and labelling of feed additives and premixtures in order to provide the basis for the assurance of a high level of protection of human health, animal health and welfare, environment and users' and consumers' interests in relation to feed additives, whilst ensuring the effective functioning of the internal market.

2.   This Regulation shall not apply to:

| (a) | processing aids; |
| --- | --- |

(a)

processing aids;

| (b) | veterinary medicinal products as defined in Directive 2001/82/EC (12), with the exception of coccidiostats and histomonostats used as feed additives. |
| --- | --- |

(b)

veterinary medicinal products as defined in Directive 2001/82/EC (12), with the exception of coccidiostats and histomonostats used as feed additives.

Article 2

Definitions

1.   For the purpose of this Regulation, the definitions of ‘feed’, ‘feedingstuff’, ‘feed business’, ‘feed business operator’, ‘placing on the market’ and ‘traceability’ laid down in Regulation (EC) No 178/2002 shall apply.

2.   The following definitions shall also apply:

| (a) | ‘feed additives’ means substances, micro-organisms or preparations, other than feed material and premixtures, which are intentionally added to feed or water in order to perform, in particular, one or more of the functions mentioned in Article 5(3); |
| --- | --- |

(a)

‘feed additives’ means substances, micro-organisms or preparations, other than feed material and premixtures, which are intentionally added to feed or water in order to perform, in particular, one or more of the functions mentioned in Article 5(3);

| (b) | ‘feed materials’ means products as defined in Article 2(a) of Council Directive 96/25/EC of 29 April 1996 on the circulation of feed materials (13); |
| --- | --- |

(b)

‘feed materials’ means products as defined in Article 2(a) of Council Directive 96/25/EC of 29 April 1996 on the circulation of feed materials (13);

| (c) | ‘compound feedingstuffs’ means products as defined in Article 2(b) of Directive 79/373/EEC; |
| --- | --- |

(c)

‘compound feedingstuffs’ means products as defined in Article 2(b) of Directive 79/373/EEC;

| (d) | ‘complementary feedingstuffs’ means products as defined in Article 2(e) of Directive 79/373/EEC; |
| --- | --- |

(d)

‘complementary feedingstuffs’ means products as defined in Article 2(e) of Directive 79/373/EEC;

| (e) | ‘premixtures’ means mixtures of feed additives or mixtures of one or more feed additives with feed materials or water used as carriers, not intended for direct feeding to animals; |
| --- | --- |

(e)

‘premixtures’ means mixtures of feed additives or mixtures of one or more feed additives with feed materials or water used as carriers, not intended for direct feeding to animals;

| (f) | ‘daily ration’ means the average total quantity of feedingstuffs, calculated on a moisture content of 12 %, required daily by an animal of a given species, age category and yield, to satisfy all its needs; |
| --- | --- |

(f)

‘daily ration’ means the average total quantity of feedingstuffs, calculated on a moisture content of 12 %, required daily by an animal of a given species, age category and yield, to satisfy all its needs;

| (g) | ‘complete feedingstuffs’ means products as defined in Article 2(c) of Council Directive 1999/29/EC of 22 April 1999 on the undesirable substances and products in animal nutrition
   (14)
  ; |
| --- | --- |

(g)

‘complete feedingstuffs’ means products as defined in Article 2(c) of Council Directive 1999/29/EC of 22 April 1999 on the undesirable substances and products in animal nutrition
   (14)
  ;

| (h) | ‘processing aids’ means any substance not consumed as a feedingstuff by itself, intentionally used in the processing of feedingstuffs or feed materials to fulfil a technological purpose during treatment or processing which may result in the unintentional but technologically unavoidable presence of residues of the substance or its derivatives in the final product, provided that these residues do not have an adverse effect on animal health, human health or the environment and do not have any technological effects on the finished feed; |
| --- | --- |

(h)

‘processing aids’ means any substance not consumed as a feedingstuff by itself, intentionally used in the processing of feedingstuffs or feed materials to fulfil a technological purpose during treatment or processing which may result in the unintentional but technologically unavoidable presence of residues of the substance or its derivatives in the final product, provided that these residues do not have an adverse effect on animal health, human health or the environment and do not have any technological effects on the finished feed;

| (i) | ‘antimicrobials’ means substances produced either synthetically or naturally, used to kill or inhibit the growth of micro-organisms, including bacteria, viruses or fungi, or of parasites, in particular protozoa; |
| --- | --- |

(i)

‘antimicrobials’ means substances produced either synthetically or naturally, used to kill or inhibit the growth of micro-organisms, including bacteria, viruses or fungi, or of parasites, in particular protozoa;

| (j) | ‘antibiotic’ means antimicrobials produced by, or derived from, a micro-organism, which destroys or inhibits the growth of other micro-organisms; |
| --- | --- |

(j)

‘antibiotic’ means antimicrobials produced by, or derived from, a micro-organism, which destroys or inhibits the growth of other micro-organisms;

| (k) | ‘coccidiostats’ and ‘histomonostats’ means substances intended to kill or inhibit protozoa; |
| --- | --- |

(k)

‘coccidiostats’ and ‘histomonostats’ means substances intended to kill or inhibit protozoa;

| (l) | ‘maximum residue limit’ means the maximum concentration of residue resulting from the use of an additive in animal nutrition which may be accepted by the Community as being legally permitted or recognised as acceptable in or on a food; |
| --- | --- |

(l)

‘maximum residue limit’ means the maximum concentration of residue resulting from the use of an additive in animal nutrition which may be accepted by the Community as being legally permitted or recognised as acceptable in or on a food;

| (m) | ‘micro-organism’ means colony-forming micro-organisms; |
| --- | --- |

(m)

‘micro-organism’ means colony-forming micro-organisms;

| (n) | ‘first placing on the market’ means the initial placing on the market of an additive after its manufacture, the import of an additive, or, where an additive has been incorporated into feed without being placed on the market, the first placing on the market of that feed. |
| --- | --- |

(n)

‘first placing on the market’ means the initial placing on the market of an additive after its manufacture, the import of an additive, or, where an additive has been incorporated into feed without being placed on the market, the first placing on the market of that feed.

3.   Where necessary, it may be determined, in accordance with the procedure referred to in Article 22(2), whether a substance, micro-organism or preparation is a feed additive within the scope of this Regulation.

CHAPTER II

AUTHORISATION, USE, MONITORING AND TRANSITIONAL MEASURES APPLICABLE FOR FEED ADDITIVES

Article 3

Placing on the market, processing and use

1.   No person shall place on the market, process or use a feed additive unless:

| (a) | it is covered by an authorisation granted in accordance with this Regulation; |
| --- | --- |

(a)

it is covered by an authorisation granted in accordance with this Regulation;

| (b) | the conditions for use set out in this Regulation, including the general conditions set out in Annex IV, unless otherwise provided for in the authorisation, and in the authorisation of the substance are met; and |
| --- | --- |

(b)

the conditions for use set out in this Regulation, including the general conditions set out in Annex IV, unless otherwise provided for in the authorisation, and in the authorisation of the substance are met; and

| (c) | the conditions on labelling set out in this Regulation are met. |
| --- | --- |

(c)

the conditions on labelling set out in this Regulation are met.

2.   For experiments for scientific purposes, Member States may authorise the use, as additives, of substances which are not authorised at Community level, with the exception of antibiotics, provided that the experiments are carried out in accordance with the principles and conditions laid down in Directive 87/153/EEC, Directive 83/228/EEC or the guidelines set out in Article 7(4) of this Regulation and provided that there is adequate official supervision. The animals concerned may be used for food production only if the authorities establish that this will have no adverse effect on animal health, human health or the environment.

3.   In the case of additives belonging to categories (d) and (e) of Article 6(1) and of those additives falling within the scope of Community legislation relating to the marketing of products consisting of, containing or produced from genetically modified organisms (GMOs), no person other than the holder of the authorisation named in the authorisation Regulation referred to in Article 9, his legal successor or successors, or a person acting under his written authority, shall first place the product on the market.

4.   Unless otherwise specified, the mixing of additives to be sold directly to the end-user shall be allowed, subject to compliance with the conditions for use laid down in the authorisation for each single additive. Consequently, the mixing of authorised additives shall not be subject to specific authorisations other than the requirements laid down in Directive 95/69/EC (15).

5.   Where necessary as a result of technological progress or scientific development, the general conditions set out in Annex IV may be adapted in accordance with the procedure referred to in Article 22(2).

Article 4

Authorisation

1.   Any person seeking an authorisation for a feed additive or for a new use of a feed additive shall submit an application in accordance with Article 7.

2.   An authorisation shall not be granted, refused, renewed, modified, suspended or revoked except on the grounds and under the procedures set out in this Regulation, or in accordance with Articles 53 and 54 of Regulation (EC) No 178/2002.

3.   The applicant for an authorisation or his representative shall be established in the Community.

Article 5

Conditions for authorisation

1.   No feed additive shall be authorised unless the applicant for such authorisation has adequately and sufficiently demonstrated in accordance with the implementing measures referred to in Article 7 that, when used in accordance with conditions to be set out in the Regulation authorising the use of the additive, it satisfies the requirements of paragraph 2, and has at least one of the characteristics set out in paragraph 3.

2.   The feed additive shall not:

| (a) | have an adverse effect on animal health, human health or the environment, |
| --- | --- |

(a)

have an adverse effect on animal health, human health or the environment,

| (b) | be presented in a manner which may mislead the user, |
| --- | --- |

(b)

be presented in a manner which may mislead the user,

| (c) | harm the consumer by impairing the distinctive features of animal products or mislead the consumer with regard to the distinctive features of animal products. |
| --- | --- |

(c)

harm the consumer by impairing the distinctive features of animal products or mislead the consumer with regard to the distinctive features of animal products.

3.   The feed additive shall:

| (a) | favourably affect the characteristics of feed, |
| --- | --- |

(a)

favourably affect the characteristics of feed,

| (b) | favourably affect the characteristics of animal products, |
| --- | --- |

(b)

favourably affect the characteristics of animal products,

| (c) | favourably affect the colour of ornamental fish and birds, |
| --- | --- |

(c)

favourably affect the colour of ornamental fish and birds,

| (d) | satisfy the nutritional needs of animals, |
| --- | --- |

(d)

satisfy the nutritional needs of animals,

| (e) | favourably affect the environmental consequences of animal production, |
| --- | --- |

(e)

favourably affect the environmental consequences of animal production,

| (f) | favourably affect animal production, performance or welfare, particularly by affecting the gastro-intestinal flora or digestibility of feedingstuffs, or |
| --- | --- |

(f)

favourably affect animal production, performance or welfare, particularly by affecting the gastro-intestinal flora or digestibility of feedingstuffs, or

| (g) | have a coccidiostatic or histomonostatic effect. |
| --- | --- |

(g)

have a coccidiostatic or histomonostatic effect.

4.   Antibiotics, other than coccidiostats or histomonostats, shall not be authorised as feed additives.

Article 6

Categories of feed additives

1.   A feed additive shall be allocated to one or more of the following categories, depending on its functions and properties, in accordance with the procedure set out at Articles 7, 8 and 9:

| (a) | technological additives: any substance added to feed for a technological purpose; |
| --- | --- |

(a)

technological additives: any substance added to feed for a technological purpose;

| (b) | sensory additives: any substance the addition of which to feed improves or changes the organoleptic properties of the feed or the visual characteristics of the food derived from animals; |
| --- | --- |

(b)

sensory additives: any substance the addition of which to feed improves or changes the organoleptic properties of the feed or the visual characteristics of the food derived from animals;

| (c) | nutritional additives; |
| --- | --- |

(c)

nutritional additives;

| (d) | zootechnical additives: any additive used to affect favourably the performance of animals in good health or used to affect favourably the environment; |
| --- | --- |

(d)

zootechnical additives: any additive used to affect favourably the performance of animals in good health or used to affect favourably the environment;

| (e) | coccidiostats and histomonostats. |
| --- | --- |

(e)

coccidiostats and histomonostats.

2.   Within the categories referred to in paragraph 1, feed additives shall further be allocated within one or more of the functional groups mentioned in Annex I, according to their principal function or functions, in accordance with the procedure specified in Articles 7, 8 and 9.

3.   Where necessary as a result of technological progress or scientific development, additional feed additive categories and functional groups may be established in accordance with the procedure referred to in Article 22(2).

Article 7

Application for authorisation

1.   An application for an authorisation as provided for in Article 4 shall be sent to the Commission. The Commission shall without delay inform the Member States and forward the application to the European Food Safety Authority (hereinafter referred to as ‘the Authority’).

2.   The Authority shall:

| (a) | acknowledge receipt of the application, including the particulars and documents referred to in paragraph 3, in writing, to the applicant within 15 days of its receipt, stating the date of receipt; |
| --- | --- |

(a)

acknowledge receipt of the application, including the particulars and documents referred to in paragraph 3, in writing, to the applicant within 15 days of its receipt, stating the date of receipt;

| (b) | make any information supplied by the applicant available to the Member States and the Commission; |
| --- | --- |

(b)

make any information supplied by the applicant available to the Member States and the Commission;

| (c) | make the summary of the dossier mentioned in point (h) of paragraph 3 available to the public, subject to the confidentiality requirements laid down in Article 18(2). |
| --- | --- |

(c)

make the summary of the dossier mentioned in point (h) of paragraph 3 available to the public, subject to the confidentiality requirements laid down in Article 18(2).

3.   At the time of application, the applicant shall send the following particulars and documents directly to the Authority:

| (a) | his name and address; |
| --- | --- |

(a)

his name and address;

| (b) | the identification of the feed additive, a proposal for its classification by category and functional group under Article 6, and its specifications, including, where applicable, purity criteria; |
| --- | --- |

(b)

the identification of the feed additive, a proposal for its classification by category and functional group under Article 6, and its specifications, including, where applicable, purity criteria;

| (c) | a description of the method of production, manufacturing and intended uses of the feed additive, of the method of analysis of the additive in feed according to its intended use and, where appropriate, of the method of analysis for the determination of the level of residues of the feed additive, or its metabolites, in food; |
| --- | --- |

(c)

a description of the method of production, manufacturing and intended uses of the feed additive, of the method of analysis of the additive in feed according to its intended use and, where appropriate, of the method of analysis for the determination of the level of residues of the feed additive, or its metabolites, in food;

| (d) | a copy of the studies which have been carried out and any other material which is available to demonstrate that the feed additive satisfies the criteria laid down in Article 5(2) and (3); |
| --- | --- |

(d)

a copy of the studies which have been carried out and any other material which is available to demonstrate that the feed additive satisfies the criteria laid down in Article 5(2) and (3);

| (e) | proposed conditions for placing the feed additive on the market, including labelling requirements and, where appropriate, specific conditions for use and handling (including known incompatibilities), use levels in complementary feedingstuffs and animal species and categories for which the feed additive is intended; |
| --- | --- |

(e)

proposed conditions for placing the feed additive on the market, including labelling requirements and, where appropriate, specific conditions for use and handling (including known incompatibilities), use levels in complementary feedingstuffs and animal species and categories for which the feed additive is intended;

| (f) | a written statement that three samples of the feed additive have been sent by the applicant directly to the Community reference laboratory referred to in Article 21, in accordance with the requirements set out in Annex II; |
| --- | --- |

(f)

a written statement that three samples of the feed additive have been sent by the applicant directly to the Community reference laboratory referred to in Article 21, in accordance with the requirements set out in Annex II;

| (g) | for additives which, according to the proposal under point (b), do not belong to either category (a) or category (b) referred to in Article 6(1), and for additives falling within the scope of Community legislation relating to the marketing of products consisting of, containing or produced from GMOs, a proposal for post-market monitoring; |
| --- | --- |

(g)

for additives which, according to the proposal under point (b), do not belong to either category (a) or category (b) referred to in Article 6(1), and for additives falling within the scope of Community legislation relating to the marketing of products consisting of, containing or produced from GMOs, a proposal for post-market monitoring;

| (h) | a summary containing the information provided under points (a) to (g); |
| --- | --- |

(h)

a summary containing the information provided under points (a) to (g);

| (i) | for additives falling within the scope of Community legislation relating to the marketing of products consisting of, containing or produced from GMOs, details of any authorisation granted in accordance with the applicable legislation. |
| --- | --- |

(i)

for additives falling within the scope of Community legislation relating to the marketing of products consisting of, containing or produced from GMOs, details of any authorisation granted in accordance with the applicable legislation.

4.   The Commission, having first consulted the Authority, shall establish, in accordance with the procedure laid down in Article 22(2), implementing rules for the application of this Article, including rules concerning the preparation and the presentation of the application.

Until such implementing rules are adopted, the application shall be made in accordance with the Annex to Directive 87/153/EEC.

5.   After the Authority has been consulted, specific guidelines for the authorisation of additives shall be established, where necessary for each category of additive referred to in Article 6(1) in accordance with the procedure laid down in Article 22(2). These guidelines shall take account of the possibility of extrapolating the results of the studies carried out on major species to minor species.

After the Authority has been consulted, further rules for the implementation of this Article may be established in accordance with the procedure referred to in Article 22(2). These rules should, where appropriate, differentiate between requirements for feed additives in respect of food-producing animals and requirements in respect of other animals, in particular pets. The implementing rules shall include provisions which allow for simplified procedures for the authorisation of additives which have been authorised for use in food.

6.   The Authority shall publish detailed guidance to assist the applicant in the preparation and the presentation of its application.

Article 8

Opinion of the Authority

1.   The Authority shall give an opinion within six months of receipt of a valid application. This time-limit shall be extended whenever the Authority seeks supplementary information from the applicant under paragraph 2.

2.   The Authority may, where appropriate, request the applicant to supplement the particulars accompanying the application within a time-limit specified by the Authority after consultation with the applicant.

3.   In order to prepare its opinion, the Authority:

| (a) | shall verify that the particulars and documents submitted by the applicant are in accordance with Article 7 and undertake an assessment in order to determine whether the feed additive complies with the conditions laid down in Article 5; |
| --- | --- |

(a)

shall verify that the particulars and documents submitted by the applicant are in accordance with Article 7 and undertake an assessment in order to determine whether the feed additive complies with the conditions laid down in Article 5;

| (b) | shall verify the report of the Community Reference Laboratory. |
| --- | --- |

(b)

shall verify the report of the Community Reference Laboratory.

4.   In the event of an opinion in favour of authorising the feed additive, the opinion shall also include the following elements:

| (a) | the name and address of the applicant; |
| --- | --- |

(a)

the name and address of the applicant;

| (b) | the designation of the feed additive including its categorisation and allocation within functional groups provided for in Article 6, and its specification, including, where applicable, purity criteria and method of analysis; |
| --- | --- |

(b)

the designation of the feed additive including its categorisation and allocation within functional groups provided for in Article 6, and its specification, including, where applicable, purity criteria and method of analysis;

| (c) | depending on the outcome of the assessment, specific conditions or restrictions in relation to handling, post-market monitoring requirements and use, including animal species and categories of animal species for which the additive is to be used; |
| --- | --- |

(c)

depending on the outcome of the assessment, specific conditions or restrictions in relation to handling, post-market monitoring requirements and use, including animal species and categories of animal species for which the additive is to be used;

| (d) | specific additional requirements for the labelling of the feed additive necessary as a result of conditions and restrictions imposed under (c); |
| --- | --- |

(d)

specific additional requirements for the labelling of the feed additive necessary as a result of conditions and restrictions imposed under (c);

| (e) | a proposal for the establishment of Maximum Residues Limits (MRLs) in the relevant foodstuffs of animal origin, unless the opinion of the Authority concludes that the establishment of MRLs is not necessary for the protection of consumers or MRLs have already been established in Annex I or III to Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (16). |
| --- | --- |

(e)

a proposal for the establishment of Maximum Residues Limits (MRLs) in the relevant foodstuffs of animal origin, unless the opinion of the Authority concludes that the establishment of MRLs is not necessary for the protection of consumers or MRLs have already been established in Annex I or III to Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (16).

5.   The Authority shall without delay forward its opinion to the Commission, the Member States and the applicant, including a report describing its assessment of the feed additive and stating the reasons for its conclusion.

6.   The Authority shall make its opinion public, after deletion of any information identified as confidential in accordance with Article 18(2).

Article 9

Authorisation by the Community

1.   Within three months of receipt of the opinion of the Authority, the Commission shall prepare a draft Regulation to grant authorisation or to deny authorisation. This draft shall take into account the requirements of Article 5(2) and (3), Community law and other legitimate factors relevant to the matter under consideration and in particular benefits for animal health and welfare and for the consumer of animal products.

Where the draft is not in accordance with the opinion of the Authority, it shall provide an explanation of the reasons for the differences.

In exceptionally complex cases, the three-month deadline may be extended.

2.   The draft shall be adopted in accordance with the procedure referred to in Article 22(2).

3.   Rules for the implementation of this Article and in particular concerning an identification number for authorised additives may be established in accordance with the procedure referred to in Article 22(2).

4.   The Commission shall without delay inform the applicant of the Regulation adopted in accordance with paragraph 2.

5.   A Regulation granting the authorisation shall include the elements mentioned in Article 8(4)(b), (c), (d) and (e) and an identification number.

6.   A Regulation granting authorisation for additives belonging to categories (d) and (e) referred to in Article 6(1) and also for additives consisting of, containing or produced from GMOs, shall include the name of the holder of the authorisation, and, where appropriate, the unique identifier attributed to the GMO as referred to in Regulation (EC) No .../2003 of ... of the European Parliament and of the Council of ... concerning traceability and labelling of genetically modified organisms and traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC (17).

7.   Where the levels of residues of an additive in food from animals fed with that additive might have a detrimental effect on human health, the Regulation shall include MRLs for the active substance or for its metabolites in the relevant foodstuffs of animal origin. In this case the active substance shall be considered for the purposes of Council Directive 96/23/EC (18) as falling under Annex I to that Directive. Where an MRL for the substance concerned has already been established in Community rules, that MRL shall also apply to residues of the active substance or its metabolites originating from the use of the substance as a feed additive.

8.   The authorisation granted in accordance with the procedure laid down in this Regulation shall be valid throughout the Community for ten years and shall be renewable in accordance with Article 14. The authorised feed additive shall be entered in the Register referred to in Article 17 (hereinafter referred to as ‘the Register’). Each entry in the Register shall state the date of authorisation and shall include the particulars referred to in paragraphs 5, 6 and 7.

9.   The granting of authorisation shall be without prejudice to the general civil and criminal liability of any feed operator in respect of the feed additive concerned.

Article 10

Status of existing products

1.   By way of derogation from Article 3, a feed additive which has been placed on the market pursuant to Directive 70/524/EEC and urea and derivatives, an amino acid, salt of an amino acid or analoguous substance which was listed in points 2.1, 3 and 4 of the Annex to Directive 82/471/EEC, may be placed on the market and used in accordance with the conditions specified in Directives 70/524/EEC or 82/471/EEC and their implementing measures, including in particular specific labelling provisions concerning compound feed and feed materials, provided that the following conditions are met:

| (a) | within one year of the entry into force of this Regulation, persons first placing the feed additive on the market or any other interested parties shall notify this fact to the Commission. At the same time, the particulars mentioned in Article 7(3)(a), (b) and (c) shall be directly sent to the Authority; |
| --- | --- |

(a)

within one year of the entry into force of this Regulation, persons first placing the feed additive on the market or any other interested parties shall notify this fact to the Commission. At the same time, the particulars mentioned in Article 7(3)(a), (b) and (c) shall be directly sent to the Authority;

| (b) | within one year of the notification mentioned under (a), the Authority shall, after verification that all the information required has been submitted, notify the Commission that it has received the information required under this Article. The products concerned shall be entered in the Register. Each entry in the Register shall mention the date on which the product concerned was first entered in the Register and, where applicable, the expiry date of the existing authorisation. |
| --- | --- |

(b)

within one year of the notification mentioned under (a), the Authority shall, after verification that all the information required has been submitted, notify the Commission that it has received the information required under this Article. The products concerned shall be entered in the Register. Each entry in the Register shall mention the date on which the product concerned was first entered in the Register and, where applicable, the expiry date of the existing authorisation.

2.   An application shall be submitted in accordance with Article 7, at the latest one year before the expiry date of the authorisation given pursuant to Directive 70/524/EEC for additives with a limited authorisation period, and within a maximum of seven years after the entry into force of this Regulation for additives authorised without a time limit or pursuant to Directive 82/471/EEC.
  A detailed calendar listing in order of priority the different classes of additives to be re-evaluated may be adopted in accordance with the procedure referred to in Article 22(2). The Authority shall be consulted in drawing up the list.

3.   Products entered in the Register shall be subject to the provisions of this Regulation, in particular Articles 8, 9, 12, 13, 14 and 16, which without prejudice to specific conditions concerning the labelling, placing on the market and use of each substance pursuant to paragraph 1, shall apply to such products as if they had been authorised pursuant to Article 9.

4.   In the case of authorisations not issued to a specific holder, any person who imports or manufactures the products referred to in this Article or any other interested party may submit the information as referred to in paragraph 1 or the application as referred to in paragraph 2 to the Commission.

5.   Where the notification and accompanying particulars referred to in paragraph 1(a) are not supplied within the period specified or are found to be incorrect, or where an application is not submitted as required by paragraph 2 within the period specified, a Regulation shall be adopted, in accordance with the procedure referred to in Article 22(2), requiring the additives concerned to be withdrawn from the market. Such a measure may provide for a limited period of time within which existing stocks of the product may be used up.

6.   Where, for reasons beyond the control of the applicant, no decision is taken on the renewal of an authorisation before its expiry date, the period of authorisation of the product shall automatically be extended until the Commission takes a decision. The Commission shall inform the applicant of this extension of the authorisation.

7.   By way of derogation from Article 3, substances, micro-organisms and preparations used in the Community as silage additives at the date referred to in Article 26(2) may be placed on the market and used provided that points (a) and (b) of paragraph 1 and paragraph 2 are complied with. Paragraphs 3 and 4 shall apply accordingly. For these substances, the deadline for application as referred to in paragraph 2 shall be seven years after the entry into force of this Regulation.

Article 11

Phasing out

By way of derogation from Article 10 and without prejudice to Article 13, antibiotics, other than coccidiostats and histomonostats, may be marketed and used as feed additives only until 31 December 2005; as from 1 January 2006, those substances shall be deleted from the Register.

With a view to a decision on the phasing out of the use of coccidiostats and histomonostats as feed additives by 31 December 2012, the Commission shall submit to the European Parliament and the Council before 1 January 2008 a report on the use of these substances as feed additives and available alternatives, accompanied, where appropriate, by legislative proposals.

Article 12

Supervision

1.   After an additive has been authorised in accordance with this Regulation, any person using or placing on the market that substance, or a feedingstuff into which it has been incorporated, or any other interested party shall ensure that any conditions or restrictions which have been imposed on the placing on the market, use and handling of the additive or feedingstuffs containing it are respected.

2.   Where monitoring requirements, as referred to in Article 8(4)(c), have been imposed, the holder of the authorisation shall ensure that monitoring is carried out and shall submit reports to the Commission in accordance with the authorisation. The holder of the authorisation shall forthwith communicate to the Commission any new information that might influence the evaluation of the safety in use of the feed additive, in particular health sensitivities of specific categories of consumers. The holder of the authorisation shall forthwith inform the Commission of any prohibition or restriction imposed by the competent authority of any third country in which the feed additive is placed on the market.

Article 13

Modification, suspension and revocation of authorisations

1.   On its own initiative or following a request from a Member State or from the Commission, the Authority shall issue an opinion on whether an authorisation still meets the conditions set out by this Regulation. It shall forthwith transmit this opinion to the Commission, to the Member States and, where applicable, to the holder of the authorisation.
  The opinion shall be made public.

2.   The Commission shall examine the opinion of the Authority without delay. Any appropriate measures shall be taken in accordance with Articles 53 and 54 of Regulation (EC) No 178/2002. A decision on the modification, suspension or revocation of an authorisation shall be taken in accordance with the procedure referred to in Article 22(2) of this Regulation.

3.   If the holder of the authorisation proposes changing the terms of the authorisation by submitting an application to the Commission, accompanied by the relevant data supporting the request for the change, the Authority shall transmit its opinion on the proposal to the Commission and the Member States. The Commission shall examine the opinion of the Authority without delay and decide in accordance with the procedure referred to in Article 22(2).

4.   The Commission shall without delay inform the applicant of the decision taken. The Register shall be amended where appropriate.

5.   Articles 7(1) and (2), 8 and 9 shall apply accordingly.

Article 14

Renewal of authorisations

1.   Authorisations under this Regulation shall be renewable for ten-year periods. An application for renewal shall be sent to the Commission at the latest one year before the expiry date of the authorisation.

In the case of authorisations not issued to a specific holder, any person who first places the additive on the market or any other interested party may submit the application to the Commission and shall be considered as the applicant.

In the case of authorisations issued to a specific holder, the holder of the authorisation or his legal successor or successors may submit the application to the Commission and shall be deemed to be the applicant.

2.   At the time of application, the applicant shall send the following particulars and documents directly to the Authority:

| (a) | a copy of the authorisation for placing the feed additive on the market; |
| --- | --- |

(a)

a copy of the authorisation for placing the feed additive on the market;

| (b) | a report on the results of the post-market monitoring, if such monitoring requirements are included in the authorisation; |
| --- | --- |

(b)

a report on the results of the post-market monitoring, if such monitoring requirements are included in the authorisation;

| (c) | any other new information which has become available with regard to the evaluation of the safety in
  use of
  the feed additive and the risks of the feed additive to animals, humans or the environment; |
| --- | --- |

(c)

any other new information which has become available with regard to the evaluation of the safety in
  use of
  the feed additive and the risks of the feed additive to animals, humans or the environment;

| (d) | where appropriate, a proposal for amending or supplementing the conditions of the original authorisation, including inter alia the conditions concerning future monitoring. |
| --- | --- |

(d)

where appropriate, a proposal for amending or supplementing the conditions of the original authorisation, including inter alia the conditions concerning future monitoring.

3.   Articles 7(1), (2), (4) and (5), 8 and 9 shall apply accordingly.

4.   Where, for reasons beyond the control of the applicant, no decision is taken on the renewal of an authorisation before its expiry date, the period of authorisation of the product shall automatically be extended until the Commission takes a decision. Information on this extension of the authorisation shall be made available to the public in the Register referred to in Article 17.

Article 15

Urgent authorisation

In specific cases where urgent authorisation is needed to ensure the protection of animal welfare, the Commission may, in accordance with the procedure referred to in Article 22(2), provisionally authorise the use of an additive for a maximum period of five years.

CHAPTER III

LABELLING AND PACKAGING

Article 16

Labelling and packaging of feed additives and premixtures

1.   No person shall place on the market a feed additive or a premixture of additives unless its packaging or container is labelled under the responsibility of a producer, packer, importer, seller or distributor established within the Community and bears the following information, in a conspicuous, clearly legible and indelible manner, in at least the national language or languages of the Member State in which it is marketed, in relation to each additive contained in the material:

| (a) | the specific name given to the additives upon authorisation, preceded by the name of the functional group as mentioned in the authorisation; |
| --- | --- |

(a)

the specific name given to the additives upon authorisation, preceded by the name of the functional group as mentioned in the authorisation;

| (b) | the name or business name and the address or registered place of business of the person responsible for the particulars referred to in this Article; |
| --- | --- |

(b)

the name or business name and the address or registered place of business of the person responsible for the particulars referred to in this Article;

| (c) | the net weight or, in the case of liquid additives and premixtures, either the net volume or the net weight; |
| --- | --- |

(c)

the net weight or, in the case of liquid additives and premixtures, either the net volume or the net weight;

| (d) | where appropriate, the approval number assigned to the establishment or the intermediary pursuant to Article 5 of Directive 95/69/EC or the registration number assigned to the establishment or the intermediary pursuant to Article 10 of that Directive; |
| --- | --- |

(d)

where appropriate, the approval number assigned to the establishment or the intermediary pursuant to Article 5 of Directive 95/69/EC or the registration number assigned to the establishment or the intermediary pursuant to Article 10 of that Directive;

| (e) | directions for use, and any safety recommendations regarding the use and, where applicable, the specific requirements mentioned in the authorisation, including animal species and categories for which the additive or premixture of additives is intended; |
| --- | --- |

(e)

directions for use, and any safety recommendations regarding the use and, where applicable, the specific requirements mentioned in the authorisation, including animal species and categories for which the additive or premixture of additives is intended;

| (f) | the identification number; |
| --- | --- |

(f)

the identification number;

| (g) | the batch reference number and date of manufacture. |
| --- | --- |

(g)

the batch reference number and date of manufacture.

2.
     
  For flavouring compounds, the list of additives may be replaced by the words ‘mixture of flavouring compounds’. This shall not apply to flavouring compounds that are subject to a quantitative limitation when used in feed and drinking water.

3.   In addition to the information specified in paragraph 1, the packaging or container of an additive belonging to a functional group specified in Annex III must bear the information, presented in a conspicuous, clearly legible and indelible manner, indicated in that annex.

4.   Moreover, in the case of premixtures, the word ‘Premixture’ (in capital letters) must appear clearly on the label, and the carrier substance must be declared.

5.   Additives and premixtures shall be marketed only in closed packages or closed containers which must be closed in such a way that the fastener is damaged on opening and cannot be re-used.

6.   Amendments to Annex III to take technological progress and scientific development into account may be adopted in accordance with the procedure referred to in Article 22(2).

CHAPTER IV

GENERAL AND FINAL PROVISIONS

Article 17

Community Register of Feed Additives

1.   The Commission shall establish and keep up to date a Community Register of Feed Additives.

2.   The Register shall be made available to the public.

Article 18

Confidentiality

1.   The applicant may indicate which information submitted under this Regulation he wishes to be treated as confidential on the ground that its disclosure might significantly harm his competitive position. Verifiable reasons must be given in such cases.

2.   The Commission shall determine, after consultation with the applicant, which information other than that specified in paragraph 3 should be kept confidential and shall inform the applicant of its decision.

3.   The following information shall not be considered confidential:

| (a) | name and composition of the feed additive and, where appropriate, indication of the production strain; |
| --- | --- |

(a)

name and composition of the feed additive and, where appropriate, indication of the production strain;

| (b) | physico-chemical and biological characteristics of the feed additive; |
| --- | --- |

(b)

physico-chemical and biological characteristics of the feed additive;

| (c) | the conclusions of the study results on effects of the feed additive on human and animal health and on the environment; |
| --- | --- |

(c)

the conclusions of the study results on effects of the feed additive on human and animal health and on the environment;

| (d) | the conclusions of the study results on effects of the feed additive on the characteristics of animal products and its nutritional properties; |
| --- | --- |

(d)

the conclusions of the study results on effects of the feed additive on the characteristics of animal products and its nutritional properties;

| (e) | methods for detection and identification of the feed additive and, where applicable, monitoring requirements and a summary of the results of the monitoring. |
| --- | --- |

(e)

methods for detection and identification of the feed additive and, where applicable, monitoring requirements and a summary of the results of the monitoring.

4.   Notwithstanding paragraph 2, the Authority shall, on request, supply the Commission and Member States with all information in its possession, including any identified as confidential pursuant to paragraph 2.

5.   The Authority shall apply the principles of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (19) when handling applications for access to documents held by the Authority.

6.   The Member States, the Commission and the Authority shall keep confidential all the information identified as confidential under paragraph 2 except where it is appropriate for such information to be made public in order to protect human health, animal health or the environment. Member States shall handle applications for access to documents received under this Regulation in accordance with Article 5 of Regulation (EC) No 1049/2001.

7.   If an applicant withdraws or has withdrawn an application, the Member States, the Commission and the Authority shall respect the confidentiality of commercial and industrial information, including research and development information, as well as information on which the Commission and the applicant disagree as to its confidentiality.

Article 19

Administrative review

Any decision taken under, or failure to exercise, the powers vested in the Authority by this Regulation may be reviewed by the Commission on its own initiative or in response to a request from a Member State or from any person directly and individually concerned.

For that purpose, a request shall be submitted to the Commission within two months after the day on which the party concerned became aware of the act or omission in question.

The Commission shall take a decision within two months requiring, if appropriate, the Authority to withdraw its decision or to remedy its failure to act within a set time-limit.

Article 20

Data Protection

1.   The scientific data and other information in the application dossier required under Article 7 may not be used for the benefit of another applicant for a period of ten years from the date of authorisation, unless the other applicant has agreed with the previous applicant that such data and information may be used.

2.   In order to stimulate efforts to obtain authorisations for minor species for additives whose use is authorised for other species, the ten-year data protection period shall be extended by one year for each minor species for which a use extension authorisation is granted.

3.   The applicant and the previous applicant shall take all necessary steps to reach agreement on sharing the use of information, in order not to repeat toxicological tests on vertebrates. If, however, no such agreement is reached on sharing the information, the Commission may decide to disclose information necessary to avoid repeating toxicological tests on vertebrates, while ensuring a reasonable balance between the interests of the parties concerned.

4.   On the expiry of the ten-year period, the findings of all or part of the evaluation conducted on the basis of the scientific data and information contained in the application dossier may be used by the Authority for the benefit of another applicant.

Article 21

Reference laboratories

The Community Reference Laboratory and its duties and tasks shall be those laid down in the Annex II.

Applicants for the authorisation of additives shall contribute to supporting the cost of the tasks of the Community Reference Laboratory and the consortium of National Reference Laboratories mentioned in Annex II.

Detailed rules for implementing Annex II and any amendments to that Annex shall be adopted in accordance with the procedure referred to in Article 22(2).

Article 22

Committee

1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health established by Article 58 of Regulation (EC) No 178/2002 (hereinafter referred to as ‘the Committee’).

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

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.   The Committee shall adopt its rules of procedure.

Article 23

Repeals

1.   Directive 70/524/EEC shall be repealed with effect from the date of application of this Regulation. However, Article 16 of Directive 70/524/EEC shall remain in force until Directive 79/373/EEC has been revised to include rules concerning the labelling of feedingstuffs incorporating additives.

2.   Points 2.1, 3 and 4 of the Annex to Directive 82/471/EEC shall be deleted with effect from the date of application of this Regulation.

3.   Directive 87/153/EEC shall be repealed with effect from the date of application of this Regulation. However, the Annex to that Directive shall remain in force until the implementing rules provided for in Article 7(4) of this Regulation are adopted.

4.   References to Directive 70/524/EEC shall be construed as references to this Regulation.

Article 24

Penalties

Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Member States shall notify those rules and measures to the Commission at the latest 12 months after the date of publication of this Regulation and shall notify it without delay of any subsequent amendment affecting them.

Article 25

Transitional measures

1.   Applications submitted under Article 4 of Directive 70/524/EEC before the date of application of this Regulation shall be treated as applications under Article 7 of this Regulation where the initial comments provided for under Article 4(4) of Directive 70/524/EEC have not yet been forwarded to the Commission. Any Member State selected as rapporteur in respect of any such application shall immediately forward the dossier submitted in support of that application to the Commission. Notwithstanding Article 23(1) of this Regulation, such applications shall continue to be treated in accordance with Article 4 of Directive 70/524/EEC where the initial comments provided for under Article 4(4) of Directive 70/524/EEC have already been forwarded to the Commission.

2.   The labelling requirements laid down in Chapter III shall not apply to products which have been lawfully manufactured and labelled in the Community or which have been lawfully imported into the Community and put into circulation, before the date of application of this Regulation.

Article 26

Entry into force

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

2.   It shall apply from 12 months after the date of publication of this Regulation.

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

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 203 E, 27.8.2002, p. 10.

1

(2)  OJ C 61, 14.3.2003, p. 43.

2

(3)  Position of the European Parliament of 21 November 2002 (not yet published in the OJ), Council Common Position of 17 March 2003(OJ C 113 E, 13.5.2003, p. 1) and Position of the European Parliament of 19 June 2003.

3

Position

(OJ C 113 E, 13.5.2003, p. 1)

Position

19 June 2003.

(4)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

4

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

(5)  OJ L 270, 14.12.1970, p. 1. Directive as last amended by Regulation (EC) No 1756/2002 (OJ L 265, 3.10.2002, p. 1).

5

(6)  OJ L 213, 21.7.1982, p. 8. Directive as last amended by Directive 1999/20/EC (OJ L 80, 25.3.1999, p. 20).

6

(7)  OJ L 40, 11.2.1989, p. 27. Directive amended by Directive 94/34/EC of the European Parliament and of the Council (OJ L 237, 10.9.1994, p. 1).

7

(8)  See p. ... of this OJ.

8

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

9

(10)  OJ L 86, 6.4.1979, p. 30. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

10

Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(11)  OJ L 64, 7.3.1987, p. 19. Directive as last amended by Commission Directive 2001/79/EC (OJ L 267, 6.10.2001, p. 1).

11

(12)  Directive 2001/82/EC of the European Parliament and the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (OJ L 311, 28.11.2001, p. 1).

12

Directive 2001/82/EC of the European Parliament and the Council of 6 November 2001 on the Community code relating to veterinary medicinal products

(13)  OJ L 125, 23. 5.1996, p. 35. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

13

Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(14)  
  OJ L 115, 4.5.1999, p. 32. Directive as last amended by Regulation (EC) No 806/2003.

14

OJ L 115, 4.5.1999, p. 32. Directive as last amended by Regulation (EC) No 806/2003.

(15)  Council Directive 95/69/EC of 22 December 1995 laying down the conditions and arrangements for approving and registering certain establishments and intermediairies operating in the animal feed sector (OJ L 332, 30.12.1995, p. 15). Directive as last amended by Regulation (EC) No 806/2003.

15

Regulation (EC) No 806/2003.

(16)  OJ L 224, 18.8.1990, p. 1. Regulation as last amended by Regulation (EC) No 806/2003.

16

by Regulation

806/2003.

(17)  See p. ... of this OJ.

17

(18)  Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10). Amended by Regulation (EC) No 806/2003.

18

Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10). Amended by Regulation (EC) No 806/2003.

(19)  OJ L 145, 31.5.2001, p. 43.

19

ANNEX I

ADDITIVE GROUPS

1.   In the category ‘technological additives’, the following functional groups are included:

| (a) | preservatives: substances or, when applicable, micro-organisms which protect feed against deterioration caused by micro-organisms or their metabolites; |
| --- | --- |

(a)

preservatives: substances or, when applicable, micro-organisms which protect feed against deterioration caused by micro-organisms or their metabolites;

| (b) | antioxidants: substances prolonging the storage life of feedingstuffs and feed materials by protecting them against deterioration caused by oxidation; |
| --- | --- |

(b)

antioxidants: substances prolonging the storage life of feedingstuffs and feed materials by protecting them against deterioration caused by oxidation;

| (c) | emulsifiers: substances that make it possible to form or maintain a homogeneous mixture of two or more immiscible phases in feedingstuffs; |
| --- | --- |

(c)

emulsifiers: substances that make it possible to form or maintain a homogeneous mixture of two or more immiscible phases in feedingstuffs;

| (d) | stabilisers: substances which make it possible to maintain the physico-chemical state of feedingstuffs; |
| --- | --- |

(d)

stabilisers: substances which make it possible to maintain the physico-chemical state of feedingstuffs;

| (e) | thickeners: substances which increase the viscosity of feedingstuffs; |
| --- | --- |

(e)

thickeners: substances which increase the viscosity of feedingstuffs;

| (f) | gelling agents: substances which give a feedingstuff texture through the formation of a gel; |
| --- | --- |

(f)

gelling agents: substances which give a feedingstuff texture through the formation of a gel;

| (g) | binders: substances which increase the tendency of particles of feedingstuffs to adhere; |
| --- | --- |

(g)

binders: substances which increase the tendency of particles of feedingstuffs to adhere;

| (h) | substances for control of radionucleide contamination: substances that suppress absorption of radionucleides or promote their excretion; |
| --- | --- |

(h)

substances for control of radionucleide contamination: substances that suppress absorption of radionucleides or promote their excretion;

| (i) | anticaking agents: substances that reduce the tendency of individual particles of a feedingstuff to adhere; |
| --- | --- |

(i)

anticaking agents: substances that reduce the tendency of individual particles of a feedingstuff to adhere;

| (j) | acidity regulators: substances which adjust the pH of feedingstuffs; |
| --- | --- |

(j)

acidity regulators: substances which adjust the pH of feedingstuffs;

| (k) | silage additives: substances, including enzymes or micro-organisms, intended to be incorporated into feed to improve the production of silage; |
| --- | --- |

(k)

silage additives: substances, including enzymes or micro-organisms, intended to be incorporated into feed to improve the production of silage;

| (l) | denaturants: substances which, when used for the manufacture of processed feedingstuffs, allow the identification of the origin of specific food or feed materials. |
| --- | --- |

(l)

denaturants: substances which, when used for the manufacture of processed feedingstuffs, allow the identification of the origin of specific food or feed materials.

2.   In the category ‘sensory additives’, the following functional groups are included:

| (a) | colorants:






  (i) | substances that add or restore colour in feedingstuffs; |
| --- | --- | --- |

(a)

colorants:

(i)

substances that add or restore colour in feedingstuffs;

| (ii) | substances which, when fed to animals, add colours to food of animal origin; |
| --- | --- |

(ii)

substances which, when fed to animals, add colours to food of animal origin;

| (iii) | substances which favourably affect the colour of ornamental fish or birds; |
| --- | --- |

(iii)

substances which favourably affect the colour of ornamental fish or birds;

| (b) | flavouring compounds: substances the inclusion of which in feedingstuffs increases feed smell or palatability. |
| --- | --- |

(b)

flavouring compounds: substances the inclusion of which in feedingstuffs increases feed smell or palatability.

3.   In the category ‘nutritional additives’, the following functional groups are included:

| (a) | vitamins, pro-vitamins and chemically well-defined substances having similar effect; |
| --- | --- |

(a)

vitamins, pro-vitamins and chemically well-defined substances having similar effect;

| (b) | compounds of trace elements; |
| --- | --- |

(b)

compounds of trace elements;

| (c) | amino acids, their salts and analogues; |
| --- | --- |

(c)

amino acids, their salts and analogues;

| (d) | urea and its derivatives. |
| --- | --- |

(d)

urea and its derivatives.

4.   In the category ‘zootechnical additives’, the following functional groups are included:

| (a) | digestibility enhancers: substances which, when fed to animals, increase the digestibility of the diet, through action on target feed materials; |
| --- | --- |

(a)

digestibility enhancers: substances which, when fed to animals, increase the digestibility of the diet, through action on target feed materials;

| (b) | gut flora stabilisers: micro-organisms or other chemically defined substances, which, when fed to animals, have a positive effect on the gut flora; |
| --- | --- |

(b)

gut flora stabilisers: micro-organisms or other chemically defined substances, which, when fed to animals, have a positive effect on the gut flora;

| (c) | substances which favourably affect the environment; |
| --- | --- |

(c)

substances which favourably affect the environment;

| (d) | other zootechnical additives. |
| --- | --- |

(d)

other zootechnical additives.

ANNEX II

DUTIES AND TASKS OF THE COMMUNITY REFERENCE LABORATORY

| 1. | The Community reference laboratory referred to in Article 21 is the Joint Research Centre of the Commission (JRC). |
| --- | --- |

1.

The Community reference laboratory referred to in Article 21 is the Joint Research Centre of the Commission (JRC).

| 2. | For the tasks outlined in this annex, the JRC may be assisted by a consortium of national reference laboratories.
  The JRC shall be notably responsible for:






  — | the reception, preparation, storage and maintenance of the reference samples; |
| --- | --- | --- |

2.

For the tasks outlined in this annex, the JRC may be assisted by a consortium of national reference laboratories.

The JRC shall be notably responsible for:

—

the reception, preparation, storage and maintenance of the reference samples;

| — | the testing and evaluation or validation of the method for detection; |
| --- | --- |

—

the testing and evaluation or validation of the method for detection;

| — | evaluating the data provided by the applicant for authorisation to place the feed additive on the market, for the purpose of testing and evaluation or validation of the method for detection; |
| --- | --- |

—

evaluating the data provided by the applicant for authorisation to place the feed additive on the market, for the purpose of testing and evaluation or validation of the method for detection;

| — | submitting full evaluation reports to the Authority. |
| --- | --- |

—

submitting full evaluation reports to the Authority.

| 3. | The Community reference laboratory shall play a role in dispute settlements between Member States concerning the results of the tasks outlined in this annex. |
| --- | --- |

3.

The Community reference laboratory shall play a role in dispute settlements between Member States concerning the results of the tasks outlined in this annex.

ANNEX III

SPECIFIC LABELLING REQUIREMENTS FOR CERTAIN FEED ADDITIVES AND FOR PREMIXTURES

| (a) | Zootechnical additives, coccidiostats and histomonostats:






  — | the expiry date of the guarantee or the storage life from the date of manufacture, |
| --- | --- | --- |

(a)

Zootechnical additives, coccidiostats and histomonostats:

—

the expiry date of the guarantee or the storage life from the date of manufacture,

| — | the directions for use, and |
| --- | --- |

—

the directions for use, and

| — | the concentration; |
| --- | --- |

—

the concentration;

| (b) | Enzymes, in addition to the abovementioned indications:






  — | the specific name of the active component or components in accordance with their enzyme activities, in conformity with the authorisation given, |
| --- | --- | --- |

(b)

Enzymes, in addition to the abovementioned indications:

—

the specific name of the active component or components in accordance with their enzyme activities, in conformity with the authorisation given,

| — | the International Union of Biochemistry identification number and |
| --- | --- |

—

the International Union of Biochemistry identification number and

| — | instead of concentration: units of activity (units of activity per gram or units of activity per millilitre); |
| --- | --- |

—

instead of concentration: units of activity (units of activity per gram or units of activity per millilitre);

| (c) | Micro-organisms:






  — | the expiry date of the guarantee or the storage life from the date of manufacture, |
| --- | --- | --- |

(c)

Micro-organisms:

—

the expiry date of the guarantee or the storage life from the date of manufacture,

| — | the directions for use, |
| --- | --- |

—

the directions for use,

| — | the strain identification number, and |
| --- | --- |

—

the strain identification number, and

| — | the number of colony-forming units per gram; |
| --- | --- |

—

the number of colony-forming units per gram;

| (d) | Nutritional additives:






  — | the active-substance level and |
| --- | --- | --- |

(d)

Nutritional additives:

—

the active-substance level and

| — | the expiry date of the guarantee of that level or storage life from the date of manufacture; |
| --- | --- |

—

the expiry date of the guarantee of that level or storage life from the date of manufacture;

| (e) | Technological and sensory additives
  with the exception of flavouring compounds:








  — | the active substance level; |
| --- | --- | --- |

(e)

Technological and sensory additives
  with the exception of flavouring compounds:

—

the active substance level;

| (f) | Flavouring compounds
  :






  — | the incorporation rate in premixtures
  . |
| --- | --- | --- |

(f)

Flavouring compounds
  :

—

the incorporation rate in premixtures
  .

ANNEX IV

GENERAL CONDITIONS OF USE

| 1. | The quantity of additives that also exists in the natural state in certain feed materials shall be calculated so that the total of the elements added and the elements present naturally does not exeed the maximum level provided for in the authorisation Regulation. |
| --- | --- |

1.

The quantity of additives that also exists in the natural state in certain feed materials shall be calculated so that the total of the elements added and the elements present naturally does not exeed the maximum level provided for in the authorisation Regulation.

| 2. | Mixing of additives shall be permitted only in premixtures and feedingstuffs where there is physicochemical and biological compatibility between the components of the mixture in relation to the effects desired. |
| --- | --- |

2.

Mixing of additives shall be permitted only in premixtures and feedingstuffs where there is physicochemical and biological compatibility between the components of the mixture in relation to the effects desired.

| 3. | Supplementary feedingstuffs, diluted as specified, may not contain levels of the additives which exceed those fixed for complete feedingstuffs. |
| --- | --- |

3.

Supplementary feedingstuffs, diluted as specified, may not contain levels of the additives which exceed those fixed for complete feedingstuffs.

| 4. | In the case of premixtures containing silage additives the words ‘of silage additives’ must clearly be added on the label after ‘PREMIXTURE’. |
| --- | --- |

4.

In the case of premixtures containing silage additives the words ‘of silage additives’ must clearly be added on the label after ‘PREMIXTURE’.

P5_TA(2003)0287

Draft amending budget No 1/2003

Draft Amending Budget No 1/2003 of the European Union for the financial year 2003 (8125/2003 — C5-0232/2003 — 2003/2031(BUD))

Amendment 2

SECTION III: Commission

| (EUR million) |
| --- |
| Line | Budget 2003 | DAB 1/2003 | New amounts |
| Commitments | Payments | Commitments | Payments | Commitments | Payments |
| New item

  B3-3065 — Prince — Role of the European Union in the World |
| | | | p.m. | | p.m. | |

(EUR million)

Line

Budget 2003

DAB 1/2003

New amounts

Commitments

Payments

Commitments

Payments

Commitments

Payments

New item

B3-3065 — Prince — Role of the European Union in the World

p.m.

p.m.

Delete the line.

P5_TA(2003)0288

Draft amending budget No 1/2003

European Parliament resolution on the Draft Amending Budget No 1/2003 of the European Union for the financial year 2003 (8125/2003 — C5-0232/2003 — 2003/2031(BUD))

The European Parliament,

| — | having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty, |
| --- | --- |

—

having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

| — | having regard to Council Regulation (EC) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and in particular, Articles 37 and 38 thereof, |
| --- | --- |

—

having regard to Council Regulation (EC) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and in particular, Articles 37 and 38 thereof,

| — | having regard to the general budget of the European Union for the financial year 2003, as finally adopted on 19 December 2002 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2003, as finally adopted on 19 December 2002 (2),

| — | having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (3), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (3),

| — | having regard to the Draft Amending Budget No 1/2003, which the Commission presented on 26 February 2003 (SEC(2003) 230), |
| --- | --- |

—

having regard to the Draft Amending Budget No 1/2003, which the Commission presented on 26 February 2003 (SEC(2003) 230),

| — | having regard to the Draft Amending Budget No 1/2003, which the Council established on 8 April 2003 (8125/2003 — C5-0232/2003), |
| --- | --- |

—

having regard to the Draft Amending Budget No 1/2003, which the Council established on 8 April 2003 (8125/2003 — C5-0232/2003),

| — | having regard to Rule 92 of and Annex IV to its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 92 of and Annex IV to its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A5-0173/2003), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A5-0173/2003),

| A. | whereas the Draft Amending Budget No 1/2003 proposes to create a budget line for a new information campaign, within the Prince programme, to be entitled ‘The role of Europe in the world’, |
| --- | --- |

A.

whereas the Draft Amending Budget No 1/2003 proposes to create a budget line for a new information campaign, within the Prince programme, to be entitled ‘The role of Europe in the world’,

| B. | whereas this proposal would have to be funded, in 2003, through a transfer of appropriations from already existing information activities, which have been duly adopted by Parliament, and which Parliament expects the Commission to implement fully and effectively, |
| --- | --- |

B.

whereas this proposal would have to be funded, in 2003, through a transfer of appropriations from already existing information activities, which have been duly adopted by Parliament, and which Parliament expects the Commission to implement fully and effectively,

| C. | whereas, in its resolution of 10 April 2003 on an information strategy for the EU, it has already pronounced itself in favour of including such a proposal in the general budgetary procedure for 2004 (4), |
| --- | --- |

C.

whereas, in its resolution of 10 April 2003 on an information strategy for the EU, it has already pronounced itself in favour of including such a proposal in the general budgetary procedure for 2004 (4),

| D. | whereas this latter approach would allow for full consultation of Parliament in the shaping and financing of such a campaign, |
| --- | --- |

D.

whereas this latter approach would allow for full consultation of Parliament in the shaping and financing of such a campaign,

| E. | whereas the Draft Amending Budget No 1/2003 also seeks to modify the title and remarks of line A-3014, so as to align it with comparable actions under the same budgetary chapter, |
| --- | --- |

E.

whereas the Draft Amending Budget No 1/2003 also seeks to modify the title and remarks of line A-3014, so as to align it with comparable actions under the same budgetary chapter,

| F. | whereas the Commission's Preliminary Draft Amending Budget No 1/2003 also contained a request for additional appropriations (through the mobilisation of the flexibility instrument, for an amount of EUR 32 million) for supplementary measures for scrapping fishing vessels, and whereas this element has not been retained by the Council, |
| --- | --- |

F.

whereas the Commission's Preliminary Draft Amending Budget No 1/2003 also contained a request for additional appropriations (through the mobilisation of the flexibility instrument, for an amount of EUR 32 million) for supplementary measures for scrapping fishing vessels, and whereas this element has not been retained by the Council,

| 1. | Takes note of the proposal to create a new budget line for an information campaign on ‘The role of Europe in the world’ within the Prince programme; is of the opinion that the most appropriate way to proceed, in order to ensure Parliament's involvement in the shaping of the political guidelines necessary for such a campaign, is for the Commission to make the appropriate proposals in the budget procedure for 2004, rather than introducing the campaign prematurely through an Amending Budget; |
| --- | --- |

1.

Takes note of the proposal to create a new budget line for an information campaign on ‘The role of Europe in the world’ within the Prince programme; is of the opinion that the most appropriate way to proceed, in order to ensure Parliament's involvement in the shaping of the political guidelines necessary for such a campaign, is for the Commission to make the appropriate proposals in the budget procedure for 2004, rather than introducing the campaign prematurely through an Amending Budget;

| 2. | Recalls its willingness to receive such proposals in the 2004 budget procedure, as already expressed in its aforementioned resolution of 10 April 2003; |
| --- | --- |

2.

Recalls its willingness to receive such proposals in the 2004 budget procedure, as already expressed in its aforementioned resolution of 10 April 2003;

| 3. | Notes that there is currently no agreement within the Council on how to proceed with the financing of the fisheries measures contained in the Commission's Preliminary Draft Amending Budget No 1/2003 and that, consequently, the Council has not retained this part of the Commission's proposal; |
| --- | --- |

3.

Notes that there is currently no agreement within the Council on how to proceed with the financing of the fisheries measures contained in the Commission's Preliminary Draft Amending Budget No 1/2003 and that, consequently, the Council has not retained this part of the Commission's proposal;

| 4. | Urges the Council to indicate how the reform of the fisheries sector will be financed and is ready to study proposals on this matter, including the use of the means foreseen in the Interinstitutional Agreement of 6 May 1999; |
| --- | --- |

4.

Urges the Council to indicate how the reform of the fisheries sector will be financed and is ready to study proposals on this matter, including the use of the means foreseen in the Interinstitutional Agreement of 6 May 1999;

| 5. | Agrees with the proposal to change the title and remarks of budget line A-3014 (European Master's courses in human rights and democratisation) so as to harmonise it with other beneficiaries under that chapter; |
| --- | --- |

5.

Agrees with the proposal to change the title and remarks of budget line A-3014 (European Master's courses in human rights and democratisation) so as to harmonise it with other beneficiaries under that chapter;

| 6. | Welcomes the budgetary decision to introduce an amendment to the Council Draft Amending Budget No 1/2003; |
| --- | --- |

6.

Welcomes the budgetary decision to introduce an amendment to the Council Draft Amending Budget No 1/2003;

| 7. | Instructs its President to forward this resolution and the amendment to Draft Amending Budget No 1/2003, to the Council and the Commission. |
| --- | --- |

7.

Instructs its President to forward this resolution and the amendment to Draft Amending Budget No 1/2003, to the Council and the Commission.

---

(1)  OJ L 248, 16.09.2002.

(2)  OJ L 54, 28.02.2003.

(3)  OJ C 172, 18.06.1999, p. 1.

(4)  P5_TA(2003)0187.

P5_TA(2003)0289

Statute and financing of European political parties ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on the statute and financing of European political parties (COM(2003) 77 — C5-0059/2003 — 2003/0039(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 77) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 77) (1),

| — | having regard to Article 251(2) of the EC Treaty and Article 191 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0059/2003), |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty and Article 191 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0059/2003),

| — | 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 Constitutional Affairs and the opinions of the Committee on Budgets, the Committee on Budgetary Control and the Committee on Legal Affairs and the Internal Market (A5-0170/2003), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Budgets, the Committee on Budgetary Control and the Committee on Legal Affairs and the Internal Market (A5-0170/2003),

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

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the 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 the 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 the OJ.

P5_TC1-COD(2003)0039

Position of the European Parliament adopted at first reading on 19 June 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2003 on the regulations governing political parties at European level and the rules regarding their funding

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 191 thereof,

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

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

Whereas:

| (1) | Article 191 of the Treaty states that political parties at European level are important as a factor for integration within the Union and that they contribute to forming a European awareness and to expressing the political will of the citizens of the Union. |
| --- | --- |

(1)

Article 191 of the Treaty states that political parties at European level are important as a factor for integration within the Union and that they contribute to forming a European awareness and to expressing the political will of the citizens of the Union.

| (2) | A number of basic rules should be laid down, in the form of regulations, for political parties at European level, in particular with regard to their funding. Experience of applying this Regulation should reveal the extent to which these regulations should, or should not, be supplemented by further rules. |
| --- | --- |

(2)

A number of basic rules should be laid down, in the form of regulations, for political parties at European level, in particular with regard to their funding. Experience of applying this Regulation should reveal the extent to which these regulations should, or should not, be supplemented by further rules.

| (3) | Experience has shown that a political party at European level will have as its members either citizens gathered together in the form of a political party or political parties which together form an alliance. The terms ‘political party’ and ‘alliance of political parties’ used in this Regulation should therefore be clarified. |
| --- | --- |

(3)

Experience has shown that a political party at European level will have as its members either citizens gathered together in the form of a political party or political parties which together form an alliance. The terms ‘political party’ and ‘alliance of political parties’ used in this Regulation should therefore be clarified.

| (4) | In order to be able to identify a ‘political party at European level’, it is important to set certain conditions. In particular, it is necessary for political parties at European level to observe the principles on which the European Union is founded, as set out in the Treaties and recognised in the Charter of Fundamental Rights of the European Union. |
| --- | --- |

(4)

In order to be able to identify a ‘political party at European level’, it is important to set certain conditions. In particular, it is necessary for political parties at European level to observe the principles on which the European Union is founded, as set out in the Treaties and recognised in the Charter of Fundamental Rights of the European Union.

| (5) | The procedure to be followed by political parties at European level which wish to receive funding pursuant to this Regulation should be laid down. |
| --- | --- |

(5)

The procedure to be followed by political parties at European level which wish to receive funding pursuant to this Regulation should be laid down.

| (6) | Provision should also be made for regular verification of the conditions applied for identifying a political party at European level. |
| --- | --- |

(6)

Provision should also be made for regular verification of the conditions applied for identifying a political party at European level.

| (7) | Political parties at European level which have received funding under this Regulation should submit to obligations aimed at ensuring transparency of sources of funding. |
| --- | --- |

(7)

Political parties at European level which have received funding under this Regulation should submit to obligations aimed at ensuring transparency of sources of funding.

| (8) | In accordance with Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice, the funding granted pursuant to this Regulation should not be used to fund, either directly or indirectly, political parties at national level. By virtue of that same declaration, the provisions on the funding of political parties at European level should apply, on the same basis, to all the political forces represented in the European Parliament. |
| --- | --- |

(8)

In accordance with Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice, the funding granted pursuant to this Regulation should not be used to fund, either directly or indirectly, political parties at national level. By virtue of that same declaration, the provisions on the funding of political parties at European level should apply, on the same basis, to all the political forces represented in the European Parliament.

| (9) | The nature of the expenditure that can be funded under this Regulation should be defined. |
| --- | --- |

(9)

The nature of the expenditure that can be funded under this Regulation should be defined.

| (10) | The appropriations allocated to funding under this Regulation should be determined under the annual budgetary procedure. |
| --- | --- |

(10)

The appropriations allocated to funding under this Regulation should be determined under the annual budgetary procedure.

| (11) | It is necessary to ensure maximum transparency and financial control of political parties at European level funded from the general budget of the European Union. |
| --- | --- |

(11)

It is necessary to ensure maximum transparency and financial control of political parties at European level funded from the general budget of the European Union.

| (12) | A scale should be set for distributing the appropriations available each year, taking into account, on the one hand, the number of beneficiaries and, on the other, the number of elected members in the European Parliament. |
| --- | --- |

(12)

A scale should be set for distributing the appropriations available each year, taking into account, on the one hand, the number of beneficiaries and, on the other, the number of elected members in the European Parliament.

| (13) | Technical assistance to be afforded by the European Parliament to political parties at European level should be guided by the principle of equal treatment. |
| --- | --- |

(13)

Technical assistance to be afforded by the European Parliament to political parties at European level should be guided by the principle of equal treatment.

| (14) | The application of this Regulation and the activities funded should be examined in a report from the European Parliament which should be published. |
| --- | --- |

(14)

The application of this Regulation and the activities funded should be examined in a report from the European Parliament which should be published.

| (15) | The judicial control which falls within the jurisdiction of the Court of Justice will help ensure the correct application of this Regulation. |
| --- | --- |

(15)

The judicial control which falls within the jurisdiction of the Court of Justice will help ensure the correct application of this Regulation.

| (16) | In order to facilitate the transition towards the new rules, the application of some of the provisions of this Regulation should be postponed until the European Parliament has been formed after the elections due in June 2004, |
| --- | --- |

(16)

In order to facilitate the transition towards the new rules, the application of some of the provisions of this Regulation should be postponed until the European Parliament has been formed after the elections due in June 2004,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

This Regulation establishes rules on the regulations governing political parties at European level and those regarding their funding.

Article 2

Definitions

For the purposes of this Regulation:

| 1) | ‘political party’ means an association of citizens:






  — | which pursues political objectives, and |
| --- | --- | --- |

1)

‘political party’ means an association of citizens:

—

which pursues political objectives, and

| — | which is either recognised by, or established in accordance with, the legal order of at least one Member State; |
| --- | --- |

—

which is either recognised by, or established in accordance with, the legal order of at least one Member State;

| 2) | ‘alliance of political parties’ means structured cooperation between at least two political parties; |
| --- | --- |

2)

‘alliance of political parties’ means structured cooperation between at least two political parties;

| 3) | ‘political party at European level’ means a political party or an alliance of political parties which satisfies the conditions referred to in Article 3. |
| --- | --- |

3)

‘political party at European level’ means a political party or an alliance of political parties which satisfies the conditions referred to in Article 3.

Article 3

Conditions

A political party at European level shall satisfy the following conditions:

| (a) | it must have legal personality in the Member State in which its seat is located; |
| --- | --- |

(a)

it must have legal personality in the Member State in which its seat is located;

| (b) | it must be represented, in at least one quarter of the Member States, by Members of the European Parliament or in the national Parliaments or regional Parliaments or in the regional assemblies, or
  it must have received, in at least one quarter of the Member States, at least three per cent of the votes cast in each of those Member States at the most recent European Parliament elections; |
| --- | --- |

(b)

it must be represented, in at least one quarter of the Member States, by Members of the European Parliament or in the national Parliaments or regional Parliaments or in the regional assemblies, or

it must have received, in at least one quarter of the Member States, at least three per cent of the votes cast in each of those Member States at the most recent European Parliament elections;

| (c) | it must observe, in particular in its programme and in its activities, the principles on which the European Union is founded, namely the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law; |
| --- | --- |

(c)

it must observe, in particular in its programme and in its activities, the principles on which the European Union is founded, namely the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law;

| (d) | it must have participated in elections to the European Parliament, or have expressed the intention to do so. |
| --- | --- |

(d)

it must have participated in elections to the European Parliament, or have expressed the intention to do so.

Article 4

Application for funding

1.   In order to receive funding from the general budget of the European Union, a political party at European level shall file an application with the European Parliament each year.

The European Parliament shall adopt a decision within three months and authorise and manage the corresponding appropriations.

2.   The first application shall be accompanied by the following documents:

| (a) | documents proving that the applicant satisfies the conditions laid down in Article 3; |
| --- | --- |

(a)

documents proving that the applicant satisfies the conditions laid down in Article 3;

| (b) | a political programme setting out the objectives of the political party at European level; |
| --- | --- |

(b)

a political programme setting out the objectives of the political party at European level;

| (c) | regulations defining in particular the bodies responsible for political and financial management as well as the bodies or natural persons holding, in each of the Member States concerned, the power of legal representation, in particular for the purposes of the acquisition or disposal of movable or immovable property and of being a party to legal proceedings. |
| --- | --- |

(c)

regulations defining in particular the bodies responsible for political and financial management as well as the bodies or natural persons holding, in each of the Member States concerned, the power of legal representation, in particular for the purposes of the acquisition or disposal of movable or immovable property and of being a party to legal proceedings.

3.   Any amendment concerning the documents referred to in paragraph 2, in particular a political programme or regulations, which have already been presented, shall be notified to the European Parliament within two months. In the absence of such notification, funding shall be suspended.

Article 5

Verification

1.   The European Parliament shall verify regularly that the conditions set out in Article 3(a) and (b) continue to be met by political parties at European level.

2.   With regard to the condition specified in Article 3(c), at the request of one quarter of its members, representing at least three political groups in the European Parliament, the European Parliament shall verify, by a majority of its members, that the condition in question continues to be met by a political party at European level.

Before carrying out such verification, the European Parliament shall hear the representatives of the relevant political party at European level and ask a committee of independent eminent persons to give an opinion on the subject within a reasonable period.

The committee shall consist of three members, with the European Parliament, the Council and the Commission each appointing one member. The secretariat and funding of the committee shall be provided by the European Parliament.

3.   If the European Parliament finds that any of the conditions referred to in Article 3(a), (b) and (c) is no longer satisfied, the relevant political party at European level, which has for this reason forfeited this status, shall be excluded from funding under this Regulation.

Article 6

Obligations linked to funding

A political party at European level shall:

| (a) | publish its revenue and expenditure and a statement of its assets and liabilities annually; |
| --- | --- |

(a)

publish its revenue and expenditure and a statement of its assets and liabilities annually;

| (b) | declare its sources of funding by providing a list specifying the donors and the donations received from each donor, with the exception of donations not exceeding EUR 500; |
| --- | --- |

(b)

declare its sources of funding by providing a list specifying the donors and the donations received from each donor, with the exception of donations not exceeding EUR 500;

| (c) | not accept:






  — | anonymous donations, |
| --- | --- | --- |

(c)

not accept:

—

anonymous donations,

| — | donations from the budgets of political groups in the European Parliament, |
| --- | --- |

—

donations from the budgets of political groups in the European Parliament,

| — | donations from any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it, |
| --- | --- |

—

donations from any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it,

| — | donations exceeding EUR 12 000 per year and per donor from any natural or legal person other than the undertakings referred to in the third indent and without prejudice to the second subparagraph. |
| --- | --- |

—

donations exceeding EUR 12 000 per year and per donor from any natural or legal person other than the undertakings referred to in the third indent and without prejudice to the second subparagraph.

Contributions from political parties which are members of a political party at European level shall be admissible. They may not exceed 40% of that party's annual budget.

Article 7

Prohibition of funding

The funding of political parties at European level from the general budget of the European Union or from any other source may not be used for the direct or indirect funding of other political parties, and in particular national political parties, which shall continue to be governed by national rules.

Article 8

Nature of expenditure

Appropriations received from the general budget of the European Union in accordance with this Regulation may only be used to meet expenditure directly linked to the objectives set out in the political programme referred to in Article 4(2)(b).

Such expenditure includes administrative expenditure and expenditure linked to technical support, meetings, research, cross-border events, studies, information and publications.

Article 9

Implementation and control

1.   Appropriations for funding political parties at European level shall be determined in accordance with the budgetary procedures and shall be implemented in accordance with the Financial Regulation applicable to the general budget of the European Communities (3).

2.   The valuation of movable and immovable property and its depreciation shall be carried out in accordance with Commission Regulation (EC) No 2909/2000 of 29 December 2000 on the accounting management of the European Communities' non-financial fixed assets (4).

3.   Control of funding granted under this Regulation shall be exercised in accordance with the Financial Regulation and the implementing rules thereto.

Control shall also be exercised on the basis of annual certification by an external and independent audit. This certification shall be transmitted, within six months of the end of the financial year concerned, to the European Parliament.

4.   Further to application of this Regulation, any funds improperly received by political parties at European level from the general budget of the European Union shall be refunded to that budget.

5.   Any document or information required by the Court of Auditors in order to carry out its task shall be supplied to it at its request by political parties at European level receiving funding granted under this Regulation.

Where expenditure is committed by political parties at European level jointly with national political parties and other organisations, evidence of the expenditure incurred by the political parties at European level shall be made available to the Court of Auditors.

6.   Funding of political parties at European level in their capacity as bodies pursuing an objective of general European interest shall not be subject to the provisions of Article 113 of the Financial Regulation relating to the decreasing of the funding.

Article 10

Distribution

1.   Available appropriations shall be distributed annually as follows among the political parties at European level which have obtained a positive decision on their application for funding as referred to in Article 4:

| (a) | 15% shall be distributed in equal shares; |
| --- | --- |

(a)

15% shall be distributed in equal shares;

| (b) | 85% shall be distributed among those which have elected members in the European Parliament, in proportion to the number of elected members. |
| --- | --- |

(b)

85% shall be distributed among those which have elected members in the European Parliament, in proportion to the number of elected members.

For the application of these provisions, a Member of the European Parliament may be a member of only one political party at European level.

2.   Funding charged to the general budget of the European Union shall not exceed 75% of the budget of a political party at European level. The burden of proof shall rest with the relevant political party at European level.

Article 11

Technical support

All technical support from the European Parliament to political parties at European level shall be based on the principle of equal treatment. It shall be granted on conditions no less favourable than those granted to other external organisations and associations that may be accorded similar facilities and shall be supplied against invoice and payment.

The European Parliament shall publish details of the technical support provided to each political party at European level in an annual report.

Article 12

Report

The European Parliament shall publish a report not later than ... (5) on the application of this Regulation and the activities funded. It shall indicate any amendments to be made to the funding system.

Article 13

Entry into force and application

This Regulation shall enter into force three months following the date of its publication in the Official Journal of the European Union.

Articles 4 to 10 shall apply from the date of the opening of the first session held after the European Parliament elections of June 2004.

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

Done at Brussels, on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C...

1

(2)  Position of the European Parliament of 19 June 2003.

2

(3)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248, 16.9.2002, p. 1).

3

(4)  OJ L 336, 30.12.2000, p. 75.

4

(5)  Two years after the entry into force of this Regulation.

5

P5_TA(2003)0290

Staff Regulations of officials and other servants of the European Communities *

European Parliament legislative resolution on the proposal for a Council Regulation amending the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities (COM(2002) 213 — C5-0262/2002 — 2002/0100(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2002) 213) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2002) 213) (1),

| — | having regard to Article 283 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0262/2002), |
| --- | --- |

—

having regard to Article 283 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0262/2002),

| — | 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 Legal Affairs and the Internal Market and the opinions of the Committee on Budgets, the Committee on Budgetary Control and the Committee on Constitutional Affairs (A5-0069/2003), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market and the opinions of the Committee on Budgets, the Committee on Budgetary Control and the Committee on Constitutional Affairs (A5-0069/2003),

| 1. | Approves the Commission proposal as amended during its sitting of 27 March 2003 (2); |
| --- | --- |

1.

Approves the Commission proposal as amended during its sitting of 27 March 2003 (2);

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Commission, in line with the undertakings given, to present a revised proposal given that the Council wishes to alter the present proposal substantially; |
| --- | --- |

3.

Calls on the Commission, in line with the undertakings given, to present a revised proposal given that the Council wishes to alter the present proposal substantially;

| 4. | Calls on the Council to consult Parliament again given that it wishes to amend the Commission proposal substantially, in particular in regard to the pension scheme; |
| --- | --- |

4.

Calls on the Council to consult Parliament again given that it wishes to amend the Commission proposal substantially, in particular in regard to the pension scheme;

| 5. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

5.

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

---

(1)  OJ C 291 E, 26.11.2002, p. 33.

(2)  P5_TA(2003)0125.

P5_TA(2003)0291

Renewed transatlantic relationship for the third millennium

European Parliament resolution on a renewed transatlantic relationship for the third millennium

The European Parliament,

| — | having regard to the Transatlantic Declaration on EU-US relations of 1990 and the New Transatlantic Agenda of 1995 (NTA), |
| --- | --- |

—

having regard to the Transatlantic Declaration on EU-US relations of 1990 and the New Transatlantic Agenda of 1995 (NTA),

| — | having regard to Articles 11 and 12 of the Treaty on European Union, which impose on the Member States a binding requirement to enhance and develop their mutual political solidarity, and Title V thereof, which sets out provisions governing the common foreign and security policy, |
| --- | --- |

—

having regard to Articles 11 and 12 of the Treaty on European Union, which impose on the Member States a binding requirement to enhance and develop their mutual political solidarity, and Title V thereof, which sets out provisions governing the common foreign and security policy,

| — | having regard to the Conclusions and Plan of Action of the Extraordinary European Council meeting held in Brussels on 21 September 2001 and the Declaration by the Heads of State and Government of the European Union and the President of the Commission on the attacks of 11 September 2001 and the fight against terrorism made at the informal European Council in Ghent on 19 October 2001, |
| --- | --- |

—

having regard to the Conclusions and Plan of Action of the Extraordinary European Council meeting held in Brussels on 21 September 2001 and the Declaration by the Heads of State and Government of the European Union and the President of the Commission on the attacks of 11 September 2001 and the fight against terrorism made at the informal European Council in Ghent on 19 October 2001,

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

—

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

| — | having regard to its resolution of 15 May 2002 on the Commission Communication to the Council on Reinforcing the Transatlantic Relationship: Focusing on Strategy and Delivering Results (1), |
| --- | --- |

—

having regard to its resolution of 15 May 2002 on the Commission Communication to the Council on Reinforcing the Transatlantic Relationship: Focusing on Strategy and Delivering Results (1),

| — | having regard to the Road Map to a Permanent Two-State Solution to the Israeli-Palestinian Conflict agreed by the Quartet on 20 December 2002 and published on 30 April 2003, and to its recommendation of 13 December 2001 on the crisis in the Middle East and the role of the European Union in the region (2), as well as to its resolution of 7 February 2002 on the situation in the Middle East (3), |
| --- | --- |

—

having regard to the Road Map to a Permanent Two-State Solution to the Israeli-Palestinian Conflict agreed by the Quartet on 20 December 2002 and published on 30 April 2003, and to its recommendation of 13 December 2001 on the crisis in the Middle East and the role of the European Union in the region (2), as well as to its resolution of 7 February 2002 on the situation in the Middle East (3),

| — | having regard to the ministerial meeting of the North Atlantic Council and to the NATO-EU ministerial meeting held in Madrid on 3 June 2003, |
| --- | --- |

—

having regard to the ministerial meeting of the North Atlantic Council and to the NATO-EU ministerial meeting held in Madrid on 3 June 2003,

| — | having regard to its resolutions of 25 October 2001 on the Fourth WTO Ministerial Conference (4) and of 13 December 2001 on the WTO meeting in Qatar (5), |
| --- | --- |

—

having regard to its resolutions of 25 October 2001 on the Fourth WTO Ministerial Conference (4) and of 13 December 2001 on the WTO meeting in Qatar (5),

| — | having regard to its resolution of 10 April 2003 on the new European security and defence architecture — priorities and deficiencies (6), |
| --- | --- |

—

having regard to its resolution of 10 April 2003 on the new European security and defence architecture — priorities and deficiencies (6),

| — | having regard to its recommendation of 3 June 2003 to the Council on the EU-USA agreements on judicial cooperation in criminal matters and extradition (7), |
| --- | --- |

—

having regard to its recommendation of 3 June 2003 to the Council on the EU-USA agreements on judicial cooperation in criminal matters and extradition (7),

| — | having regard to Rule 37(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 37(2) of its Rules of Procedure,

| A. | reaffirming its commitment to the democratic values which are the foundation of both the transatlantic community and solidarity: freedom, democracy, the rule of law and human rights, |
| --- | --- |

A.

reaffirming its commitment to the democratic values which are the foundation of both the transatlantic community and solidarity: freedom, democracy, the rule of law and human rights,

| B. | whereas balanced EU-US relations are important to global peace and stability based on international law and to strengthening international institutions in order to provide a multilateral framework and improve global governance, |
| --- | --- |

B.

whereas balanced EU-US relations are important to global peace and stability based on international law and to strengthening international institutions in order to provide a multilateral framework and improve global governance,

| C. | whereas a number of high-ranking US politicians from both the Democratic and Republican parties, as well as Europeans, have emphasised the importance of revitalising good transatlantic relations, |
| --- | --- |

C.

whereas a number of high-ranking US politicians from both the Democratic and Republican parties, as well as Europeans, have emphasised the importance of revitalising good transatlantic relations,

| D. | stressing, in this regard, the positive results achieved in the field of external action when a common approach and effective action are developed, e.g. in the Balkans and finally now also in respect of the Middle East peace process, and regretting that in recent years the potential differences between the EU and the US have grown to encompass trade, economic and environmental issues, increasing divergences in foreign policy, and differing attitudes regarding the balance between security and liberty, how to ensure protection of human rights, and, particularly, the International Criminal Court, |
| --- | --- |

D.

stressing, in this regard, the positive results achieved in the field of external action when a common approach and effective action are developed, e.g. in the Balkans and finally now also in respect of the Middle East peace process, and regretting that in recent years the potential differences between the EU and the US have grown to encompass trade, economic and environmental issues, increasing divergences in foreign policy, and differing attitudes regarding the balance between security and liberty, how to ensure protection of human rights, and, particularly, the International Criminal Court,

| E. | whereas security is an all-encompassing collective concept that cannot be tailored only to the interests and exigencies of one country, |
| --- | --- |

E.

whereas security is an all-encompassing collective concept that cannot be tailored only to the interests and exigencies of one country,

| F. | whereas the inability of the Member States to follow up the common position arrived at by the Greek Presidency with regard to the Iraq conflict, despite the overwhelming non-belligerent will of European public opinion, has ruthlessly exposed the EU's shortcomings, |
| --- | --- |

F.

whereas the inability of the Member States to follow up the common position arrived at by the Greek Presidency with regard to the Iraq conflict, despite the overwhelming non-belligerent will of European public opinion, has ruthlessly exposed the EU's shortcomings,

| G. | pointing out that international treaties are the basic elements upon which the foundation of a multilateral framework and a renewed transatlantic partnership must be laid down, |
| --- | --- |

G.

pointing out that international treaties are the basic elements upon which the foundation of a multilateral framework and a renewed transatlantic partnership must be laid down,

| H. | whereas, in economic terms, Europe and the USA are the two most closely linked regions in the world and already a large proportion of bilateral trade takes place free of any restrictions, but major exceptions, such as non-tariff trade barriers, remain, |
| --- | --- |

H.

whereas, in economic terms, Europe and the USA are the two most closely linked regions in the world and already a large proportion of bilateral trade takes place free of any restrictions, but major exceptions, such as non-tariff trade barriers, remain,

| I. | whereas the EU and the USA should strengthen their relations through new accords on condition that such agreements fully respect international standards on protection of human rights and civil liberties, |
| --- | --- |

I.

whereas the EU and the USA should strengthen their relations through new accords on condition that such agreements fully respect international standards on protection of human rights and civil liberties,

| J. | whereas a new common framework could be created in economic and trade policy — without endangering the multilateral institutions — both in order to solve disputes and to further common interests, |
| --- | --- |

J.

whereas a new common framework could be created in economic and trade policy — without endangering the multilateral institutions — both in order to solve disputes and to further common interests,

| K. | whereas by acting together Europe and the United States could develop solutions to global challenges such as the environment, migration, development, terrorism, international crime and social and ethnic conflicts, |
| --- | --- |

K.

whereas by acting together Europe and the United States could develop solutions to global challenges such as the environment, migration, development, terrorism, international crime and social and ethnic conflicts,

| L. | recalling the substantive implications for the EU-US partnership deriving from the terrorist attacks of 11 September 2001 on the United States, |
| --- | --- |

L.

recalling the substantive implications for the EU-US partnership deriving from the terrorist attacks of 11 September 2001 on the United States,

| M. | whereas greater involvement of legislators on both sides of the Atlantic is a fundamental prerequisite for enhancing the whole transatlantic process, |
| --- | --- |

M.

whereas greater involvement of legislators on both sides of the Atlantic is a fundamental prerequisite for enhancing the whole transatlantic process,

| 1. | Stresses that a strong Europe is a precondition for a well-balanced partnership based on equality; |
| --- | --- |

1.

Stresses that a strong Europe is a precondition for a well-balanced partnership based on equality;

| 2. | Asks therefore for a comprehensive European Strategy which includes a long-term strategic focus for the Transatlantic partnership, given that the issue-by-issue approach can only be successful if an overall framework is embedded in this strategy and that the experiences of the last decade show that under the existing mechanisms new questions arise faster than old ones are solved; |
| --- | --- |

2.

Asks therefore for a comprehensive European Strategy which includes a long-term strategic focus for the Transatlantic partnership, given that the issue-by-issue approach can only be successful if an overall framework is embedded in this strategy and that the experiences of the last decade show that under the existing mechanisms new questions arise faster than old ones are solved;

| 3. | Urges an effective reshaping of a genuine and well-balanced in-depth dialogue with the United States with a view to reinvigorating the transatlantic community of values and developing action better suited to today's world situation based on respect for international law and the principles of the UN Charter; |
| --- | --- |

3.

Urges an effective reshaping of a genuine and well-balanced in-depth dialogue with the United States with a view to reinvigorating the transatlantic community of values and developing action better suited to today's world situation based on respect for international law and the principles of the UN Charter;

| 4. | Underlines the importance of a dialogue between two equal partners and including political, economic, defence and security cooperation as a fundamental basis of the transatlantic relationship; |
| --- | --- |

4.

Underlines the importance of a dialogue between two equal partners and including political, economic, defence and security cooperation as a fundamental basis of the transatlantic relationship;

| 5. | Underlines that the current EU enlargement will give greater significance to cooperation between the EU and the USA; |
| --- | --- |

5.

Underlines that the current EU enlargement will give greater significance to cooperation between the EU and the USA;

| 6. | Stresses that the EU will only be recognised as a partner if it can accompany its economic strength with a real CFSP and that this requires the extension of QMV (qualified majority voting) in the Council to services in external trade and the field of the Foreign and Security Policy, the establishment of a European common diplomatic service, enhanced cooperation in defence policy and stronger and more efficient use of military capabilities; |
| --- | --- |

6.

Stresses that the EU will only be recognised as a partner if it can accompany its economic strength with a real CFSP and that this requires the extension of QMV (qualified majority voting) in the Council to services in external trade and the field of the Foreign and Security Policy, the establishment of a European common diplomatic service, enhanced cooperation in defence policy and stronger and more efficient use of military capabilities;

Priority for political issues following the wars in Afghanistan and Iraq

| 7. | Reiterates its recommendation to make the pursuit of common global interests (spread of democracy, modern governance, peace building and conflict prevention, open societies and markets, sustainable economies, freedom of expression, fundamental human rights and respect for the rule of law around the world) the central defining political purpose of the transatlantic partnership; |
| --- | --- |

7.

Reiterates its recommendation to make the pursuit of common global interests (spread of democracy, modern governance, peace building and conflict prevention, open societies and markets, sustainable economies, freedom of expression, fundamental human rights and respect for the rule of law around the world) the central defining political purpose of the transatlantic partnership;

| 8. | Expresses concern that the EU-US partnership could be undermined, on the one hand, by the apparently growing influence of those neo-conservative currents in US politics which emphasise unilateral, and often military, solutions to global problems at the expense of the traditions of more than 50 years of US internationalism and multilateralism, and, on the other, by the political and the military weakness of the EU and most of its Member States; |
| --- | --- |

8.

Expresses concern that the EU-US partnership could be undermined, on the one hand, by the apparently growing influence of those neo-conservative currents in US politics which emphasise unilateral, and often military, solutions to global problems at the expense of the traditions of more than 50 years of US internationalism and multilateralism, and, on the other, by the political and the military weakness of the EU and most of its Member States;

| 9. | Recommends continuing to build a long-term transatlantic collaborative framework and an Action Plan for the Fight against Terrorism, as indicated in its resolution of 24 October 2002 (8), to combat international terrorism firmly using all effective means against terrorist groups or individuals and their networks in order to defend the democratic system and the rule of law and protect fundamental rights and freedoms, not only by military means but, above all, by a civilian approach in the framework of conflict prevention and by addressing the roots of the tremendous political, social, economic and environmental problems of today's world; |
| --- | --- |

9.

Recommends continuing to build a long-term transatlantic collaborative framework and an Action Plan for the Fight against Terrorism, as indicated in its resolution of 24 October 2002 (8), to combat international terrorism firmly using all effective means against terrorist groups or individuals and their networks in order to defend the democratic system and the rule of law and protect fundamental rights and freedoms, not only by military means but, above all, by a civilian approach in the framework of conflict prevention and by addressing the roots of the tremendous political, social, economic and environmental problems of today's world;

| 10. | Stresses that the fight against terrorism cannot be waged at the expense of basic shared values such as respect for human rights and civil liberties; consequently insists that transatlantic agreements on police and judicial cooperation must ensure a fair trial for all European citizens and full respect for data protection in the context of both police cooperation and requests for air passenger information; |
| --- | --- |

10.

Stresses that the fight against terrorism cannot be waged at the expense of basic shared values such as respect for human rights and civil liberties; consequently insists that transatlantic agreements on police and judicial cooperation must ensure a fair trial for all European citizens and full respect for data protection in the context of both police cooperation and requests for air passenger information;

| 11. | Suggests that the partnership continue to be shifted progressively from a transatlantic community of values to an effective transatlantic community of action by developing a collaborative strategy and action in respect of issues such as: post-conflict cooperation and nation-building in Afghanistan and Iraq; relations with the Arab world; the Middle East peace process; North Korea; infectious diseases; nuclear proliferation; |
| --- | --- |

11.

Suggests that the partnership continue to be shifted progressively from a transatlantic community of values to an effective transatlantic community of action by developing a collaborative strategy and action in respect of issues such as: post-conflict cooperation and nation-building in Afghanistan and Iraq; relations with the Arab world; the Middle East peace process; North Korea; infectious diseases; nuclear proliferation;

| 12. | Welcomes in particular common action designed to achieve a sustainable peace in the Middle East in the framework of the Quartet as the best way of relaunching the transatlantic relationship in practical terms; |
| --- | --- |

12.

Welcomes in particular common action designed to achieve a sustainable peace in the Middle East in the framework of the Quartet as the best way of relaunching the transatlantic relationship in practical terms;

| 13. | Believes, in this regard, that the EU and NATO and others, preferably under the umbrella of the UN, could contribute to guaranteeing on the ground and in security terms the results of the Final Treaty to be agreed by the parties in the last phase of the road map, provided that the parties in conflict and the other members of the Quartet so wish; |
| --- | --- |

13.

Believes, in this regard, that the EU and NATO and others, preferably under the umbrella of the UN, could contribute to guaranteeing on the ground and in security terms the results of the Final Treaty to be agreed by the parties in the last phase of the road map, provided that the parties in conflict and the other members of the Quartet so wish;

| 14. | Reiterates its commitment to providing an adequate financial contribution to securing the implementation of the road map; |
| --- | --- |

14.

Reiterates its commitment to providing an adequate financial contribution to securing the implementation of the road map;

| 15. | Calls upon the transatlantic partnership actively to support and strengthen the international institutions and to reaffirm the value of international law; calls upon all partners to avoid unilateral approaches and to revert to multilateralism and to the United Nations framework in order to develop global governance; |
| --- | --- |

15.

Calls upon the transatlantic partnership actively to support and strengthen the international institutions and to reaffirm the value of international law; calls upon all partners to avoid unilateral approaches and to revert to multilateralism and to the United Nations framework in order to develop global governance;

| 16. | Regrets that the US has not acceded, or does not fully adhere, to major international instruments of international human and humanitarian law such as those protecting the rights of the child, abolishing the death penalty, and safeguarding the treatment of prisoners of war in the wake of the recent conflicts; in particular, urges the US to accede to the Statute of the International Criminal Court; invites the US to cooperate with the EU with a view to advancing effectively in the urgently needed reforms of the United Nations in order to reinforce the UN's position as the moral authority of the world community; |
| --- | --- |

16.

Regrets that the US has not acceded, or does not fully adhere, to major international instruments of international human and humanitarian law such as those protecting the rights of the child, abolishing the death penalty, and safeguarding the treatment of prisoners of war in the wake of the recent conflicts; in particular, urges the US to accede to the Statute of the International Criminal Court; invites the US to cooperate with the EU with a view to advancing effectively in the urgently needed reforms of the United Nations in order to reinforce the UN's position as the moral authority of the world community;

| 17. | Underlines the importance of working closely together with the USA to secure a successful outcome of the DDA Round (DOHA Development Round), taking into account the interests of the developing countries; |
| --- | --- |

17.

Underlines the importance of working closely together with the USA to secure a successful outcome of the DDA Round (DOHA Development Round), taking into account the interests of the developing countries;

Boosting economic and trade relations by signing a EU-US Framework Treaty including the completion of the transatlantic market

| 18. | Gives its full support to the ongoing transatlantic partnership, which should be developed further in order to enhance mutual understanding and seek joint solutions to global issues; |
| --- | --- |

18.

Gives its full support to the ongoing transatlantic partnership, which should be developed further in order to enhance mutual understanding and seek joint solutions to global issues;

| 19. | Welcomes the conclusion of the Amendment to the implementing agreement between the Department of Energy of the USA and the European Commission for non-nuclear energy scientific and technological cooperation relating to cooperation in the area of fuel cells on 16 June 2003, which should improve the chances of finding a long-term solution to the world's energy and transport problems; |
| --- | --- |

19.

Welcomes the conclusion of the Amendment to the implementing agreement between the Department of Energy of the USA and the European Commission for non-nuclear energy scientific and technological cooperation relating to cooperation in the area of fuel cells on 16 June 2003, which should improve the chances of finding a long-term solution to the world's energy and transport problems;

| 20. | Underlines that EU-USA relations need a project aimed at enhancing not only the political discussion within, but also the economic and social elements of, the partnership and that a proposal for a EU-US Framework Treaty including the completion of a transatlantic market could be such a project; |
| --- | --- |

20.

Underlines that EU-USA relations need a project aimed at enhancing not only the political discussion within, but also the economic and social elements of, the partnership and that a proposal for a EU-US Framework Treaty including the completion of a transatlantic market could be such a project;

| 21. | Recommends, therefore, a continuous initiative designed to accelerate the implementation of WTO rulings which, in the context of a renewed partnership, and as a long-term objective, could lead to the completion of a transatlantic market which would help to achieve the free movement of goods, capital, services and persons, taking full account of EU social and environmental legislation and the interests of the developing world; |
| --- | --- |

21.

Recommends, therefore, a continuous initiative designed to accelerate the implementation of WTO rulings which, in the context of a renewed partnership, and as a long-term objective, could lead to the completion of a transatlantic market which would help to achieve the free movement of goods, capital, services and persons, taking full account of EU social and environmental legislation and the interests of the developing world;

| 22. | Recommends pursuing the approximation of business and market conditions in the Atlantic zone by developing joint action at least in the following areas: financial services and capital markets; aviation; the digital economy; competition policy; the ethical dimension of trade; the performance of regulatory systems; |
| --- | --- |

22.

Recommends pursuing the approximation of business and market conditions in the Atlantic zone by developing joint action at least in the following areas: financial services and capital markets; aviation; the digital economy; competition policy; the ethical dimension of trade; the performance of regulatory systems;

| 23. | Whilst welcoming recent commitments made at Monterrey and in respect of the UN Global Fund against AIDS, TB and Malaria, calls on the transatlantic partners to substantially increase development aid and strategies to meet the 0,7 per cent UN target and UN Millennium Development Targets; calls, furthermore, for an absolute commitment to meeting the just demands of developing countries in the current WTO negotiations, including a joint commitment to ending agricultural protectionism against developing-country producers; |
| --- | --- |

23.

Whilst welcoming recent commitments made at Monterrey and in respect of the UN Global Fund against AIDS, TB and Malaria, calls on the transatlantic partners to substantially increase development aid and strategies to meet the 0,7 per cent UN target and UN Millennium Development Targets; calls, furthermore, for an absolute commitment to meeting the just demands of developing countries in the current WTO negotiations, including a joint commitment to ending agricultural protectionism against developing-country producers;

| 24. | Underlines that adopting a similar approach to major global challenges such as global warming (i.e. by ratifying and implementing the minimum standards of the Kyoto Protocol) and global justice (i.e. the functioning of the International Criminal Court) requires sustained dialogue between the transatlantic partners; |
| --- | --- |

24.

Underlines that adopting a similar approach to major global challenges such as global warming (i.e. by ratifying and implementing the minimum standards of the Kyoto Protocol) and global justice (i.e. the functioning of the International Criminal Court) requires sustained dialogue between the transatlantic partners;

| 25. | Calls on the transatlantic partners to jointly re-assess EU and US development aid and humanitarian assistance strategies and instruments (including the Bretton Woods institutions), focusing in particular on performance and complementarity; |
| --- | --- |

25.

Calls on the transatlantic partners to jointly re-assess EU and US development aid and humanitarian assistance strategies and instruments (including the Bretton Woods institutions), focusing in particular on performance and complementarity;

| 26. | Agrees with the Commission that the US complaint to the WTO about the EU's authorisation procedures for GMOs is legally unwarranted, economically unfounded and politically unhelpful; |
| --- | --- |

26.

Agrees with the Commission that the US complaint to the WTO about the EU's authorisation procedures for GMOs is legally unwarranted, economically unfounded and politically unhelpful;

EU-US security and defence matters

| 27. | Reiterates that NATO remains not only a fundamental guarantee of Euro-Atlantic stability and security, but also the essential framework for coalition operations; underlines that it is in the interest of the transatlantic partnership and the word's stability to strengthen both NATO's capabilities and European defence; |
| --- | --- |

27.

Reiterates that NATO remains not only a fundamental guarantee of Euro-Atlantic stability and security, but also the essential framework for coalition operations; underlines that it is in the interest of the transatlantic partnership and the word's stability to strengthen both NATO's capabilities and European defence;

| 28. | Believes that a stronger Europe is important to the further development of NATO and that enhancing the CFSP and the ESDP is the best way of strengthening NATO in accordance with the Prague Summit of November 2002; |
| --- | --- |

28.

Believes that a stronger Europe is important to the further development of NATO and that enhancing the CFSP and the ESDP is the best way of strengthening NATO in accordance with the Prague Summit of November 2002;

| 29. | Reaffirms its request for a European Security Strategy to be developed which would define the Union's values and interests in the field of promoting world-wide stability, conflict prevention and crisis management, and set out the Union's approach to making the world a safer place; |
| --- | --- |

29.

Reaffirms its request for a European Security Strategy to be developed which would define the Union's values and interests in the field of promoting world-wide stability, conflict prevention and crisis management, and set out the Union's approach to making the world a safer place;

| 30. | Underlines that the European Security Strategy should take into account the US national security strategy, paying particular attention to the Union's position on issues which the U.S. seems to interpret differently, the two major points being the legitimacy of the use of military force in the absence of a UN mandate and the concept of preemptive strikes; considers that a broad consensus should be possible in the field of fighting terrorism in the framework of the global coalition set up after the terrorist attacks of 11 September 2001; considers that the promotion of democracy and the rule of law should be a common objective; |
| --- | --- |

30.

Underlines that the European Security Strategy should take into account the US national security strategy, paying particular attention to the Union's position on issues which the U.S. seems to interpret differently, the two major points being the legitimacy of the use of military force in the absence of a UN mandate and the concept of preemptive strikes; considers that a broad consensus should be possible in the field of fighting terrorism in the framework of the global coalition set up after the terrorist attacks of 11 September 2001; considers that the promotion of democracy and the rule of law should be a common objective;

| 31. | Urges the EU and the US again to seek to ensure the revival of institutionalised or negotiated arms control at multilateral level within the UN system and at bilateral level, in order to prevent a new arms race, and to support regional and global action to prevent the proliferation not only of weapons of mass destruction but also of small arms and light weapons; |
| --- | --- |

31.

Urges the EU and the US again to seek to ensure the revival of institutionalised or negotiated arms control at multilateral level within the UN system and at bilateral level, in order to prevent a new arms race, and to support regional and global action to prevent the proliferation not only of weapons of mass destruction but also of small arms and light weapons;

A renewed institutional framework

| 32. | Underlines that only the wider involvement at all levels of the Congress, the European Parliament and national parliaments will make it possible truly to enhance the whole process; considers therefore that the Transatlantic Legislators' Dialogue (TLD) should be fully activated, that an early-warning system should immediately be put in place between the two sides, and that the existing interparliamentary exchange should be gradually transformed into a de facto ‘Transatlantic Assembly’; |
| --- | --- |

32.

Underlines that only the wider involvement at all levels of the Congress, the European Parliament and national parliaments will make it possible truly to enhance the whole process; considers therefore that the Transatlantic Legislators' Dialogue (TLD) should be fully activated, that an early-warning system should immediately be put in place between the two sides, and that the existing interparliamentary exchange should be gradually transformed into a de facto ‘Transatlantic Assembly’;

| 33. | Reaffirms that the annual EU-US Summit should be restructured in order to provide strategic direction and impetus to the transatlantic agenda, also actively involving civil society in the process; |
| --- | --- |

33.

Reaffirms that the annual EU-US Summit should be restructured in order to provide strategic direction and impetus to the transatlantic agenda, also actively involving civil society in the process;

| 34. | Considers that the EU must support — including financially — exchanges between young people, particularly students and researchers, from relevant parts of society in order to guarantee that mutual understanding between partners can grow and to avoid relations being driven by a lack of understanding and knowledge on both sides; |
| --- | --- |

34.

Considers that the EU must support — including financially — exchanges between young people, particularly students and researchers, from relevant parts of society in order to guarantee that mutual understanding between partners can grow and to avoid relations being driven by a lack of understanding and knowledge on both sides;

*

- *

| 35. | Instructs its President to forward this resolution to the Council, the Commission, the parliaments of the Member States and the President and Congress of the United States of America. |
| --- | --- |

35.

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

---

(1)  P5_TA(2002)0243.

(2)  OJ C 177 E, 25.7.2002, p. 277.

(3)  OJ C 284 E, 21.11.2002, p. 312.

(4)  OJ C 112 E, 9.5.2002, p. 321.

(5)  OJ C 177 E, 25.7.2002, p. 290.

(6)  P5_TA(2003)0188.

(7)  P5_TA(2003)0239.

(8)  P5_TA(2002)0518.

P5_TA(2003)0292

Community immigration policy

European Parliament resolution on the Commission communication to the Council and the European Parliament on an open method of coordination for the Community immigration policy (COM(2001) 387 — C5-0337/2002 — 2002/2181(COS)) and on the Commission communication to the Council and the European Parliament on integrating migration issues in the European Union's relations with third countries (COM(2002) 703 — C5-0233/2003 — 2002/2181(COS))

The European Parliament,

| — | having regard to the Commission communication (COM(2001) 387 — C5-0337/2002), |
| --- | --- |

—

having regard to the Commission communication (COM(2001) 387 — C5-0337/2002),

| — | having regard to the Commission Communication (COM(2002) 703 — C5-0233/2003), |
| --- | --- |

—

having regard to the Commission Communication (COM(2002) 703 — C5-0233/2003),

| — | having regard to Article 13 of the EC Treaty, |
| --- | --- |

—

having regard to Article 13 of the EC Treaty,

| — | having regard to the Amsterdam Treaty, which confers on the Community powers and responsibilities in the spheres of immigration and asylum, and to Article 63 of the EC Treaty, |
| --- | --- |

—

having regard to the Amsterdam Treaty, which confers on the Community powers and responsibilities in the spheres of immigration and asylum, and to Article 63 of the EC Treaty,

| — | having regard to the conclusions of the Tampere European Council of 15 and 16 October 1999, |
| --- | --- |

—

having regard to the conclusions of the Tampere European Council of 15 and 16 October 1999,

| — | having regard to the conclusions of the Laeken European Council of 14 and 15 December 2001 and the Seville European Council of 21 and 22 June 2002, |
| --- | --- |

—

having regard to the conclusions of the Laeken European Council of 14 and 15 December 2001 and the Seville European Council of 21 and 22 June 2002,

| — | having regard to the Charter of Fundamental Rights of the European Union, with particular reference to Articles 18, 21 and 22 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union, with particular reference to Articles 18, 21 and 22 thereof,

| — | having regard to the Commission Green Paper on a Community return policy on illegal residents (COM(2002) 175), |
| --- | --- |

—

having regard to the Commission Green Paper on a Community return policy on illegal residents (COM(2002) 175),

| — | having regard to the opinion of 21 March 2002 of the Economic and Social Committee on immigration, integration and the role of civil society organisations (1) and the conclusions of the conference of 9 and 10 September 2002 on ‘Immigration: the role of civil society in integration’, |
| --- | --- |

—

having regard to the opinion of 21 March 2002 of the Economic and Social Committee on immigration, integration and the role of civil society organisations (1) and the conclusions of the conference of 9 and 10 September 2002 on ‘Immigration: the role of civil society in integration’,

| — | having regard to the Commission's decision to draw up a communication on immigration, integration and employment for submission to the European Council at its meeting in Thessaloniki on 20 June 2003 (COM(2003) 336), |
| --- | --- |

—

having regard to the Commission's decision to draw up a communication on immigration, integration and employment for submission to the European Council at its meeting in Thessaloniki on 20 June 2003 (COM(2003) 336),

| — | having regard to the proposals for directives, and the European Parliament positions adopted thereon, on: the conditions of entry and residence of third-country nationals for the purpose of paid employment and self-employed economic activities (position of 12 February 2003) (2); the right to family reunification (position of 9 April 2003) (3); the status of third-country nationals who are long-term residents (position of 5 February 2002) (4); and the conditions of entry and residence of third-country nationals for the purposes of studies, vocational training or voluntary service (position of 3 June 2003) (5), |
| --- | --- |

—

having regard to the proposals for directives, and the European Parliament positions adopted thereon, on: the conditions of entry and residence of third-country nationals for the purpose of paid employment and self-employed economic activities (position of 12 February 2003) (2); the right to family reunification (position of 9 April 2003) (3); the status of third-country nationals who are long-term residents (position of 5 February 2002) (4); and the conditions of entry and residence of third-country nationals for the purposes of studies, vocational training or voluntary service (position of 3 June 2003) (5),

| — | having regard to Rule 47(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 47(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Development and Cooperation, the Committee on Employment and Social Affairs, the Committee on Women's Rights and Equal Opportunities and the Committee on Petitions (A5-0224/2003), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Development and Cooperation, the Committee on Employment and Social Affairs, the Committee on Women's Rights and Equal Opportunities and the Committee on Petitions (A5-0224/2003),

| A. | whereas the Treaty of Amsterdam confers on the Community competences in the spheres of asylum and immigration and provides that the Council shall adopt specific measures within five years of the Treaty's entry into force, |
| --- | --- |

A.

whereas the Treaty of Amsterdam confers on the Community competences in the spheres of asylum and immigration and provides that the Council shall adopt specific measures within five years of the Treaty's entry into force,

| B. | whereas within the context of EU freedom of movement and the single market, a common approach must be taken to immigration given that the Member States are confronted with similar and interrelated problems that cannot be solved at national level and therefore require Community coordination, as decided by the Tampere European Council, |
| --- | --- |

B.

whereas within the context of EU freedom of movement and the single market, a common approach must be taken to immigration given that the Member States are confronted with similar and interrelated problems that cannot be solved at national level and therefore require Community coordination, as decided by the Tampere European Council,

| C. | whereas following the Tampere European Council no significant decisions have been taken within the Council on immigration policy, and whereas the timetable put forward by the Commission is not being applied, and nor is that provided for by the Seville European Council, |
| --- | --- |

C.

whereas following the Tampere European Council no significant decisions have been taken within the Council on immigration policy, and whereas the timetable put forward by the Commission is not being applied, and nor is that provided for by the Seville European Council,

| D. | whereas in the period since the Tampere European Council (which has included the Seville European Council), the Commission and the European Parliament have made significant efforts to ensure implementation of its conclusions, i.e. partnership with countries of origin, Community asylum system, fair treatment of third country nationals, more efficient management of migration flows and measures to tackle the problem of illegal immigration, |
| --- | --- |

D.

whereas in the period since the Tampere European Council (which has included the Seville European Council), the Commission and the European Parliament have made significant efforts to ensure implementation of its conclusions, i.e. partnership with countries of origin, Community asylum system, fair treatment of third country nationals, more efficient management of migration flows and measures to tackle the problem of illegal immigration,

| E. | 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, |
| --- | --- |

E.

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,

| F. | whereas the European Parliament should be involved in the definition of the four elements of the open method of coordination in connection with which guidelines have been put forward by the Commission — management of migration flows, admission of economic migrants, partnership with third countries and integration of third-country nationals — and which have been clearly identified by the European Parliament as requiring urgent action at European level, |
| --- | --- |

F.

whereas the European Parliament should be involved in the definition of the four elements of the open method of coordination in connection with which guidelines have been put forward by the Commission — management of migration flows, admission of economic migrants, partnership with third countries and integration of third-country nationals — and which have been clearly identified by the European Parliament as requiring urgent action at European level,

| G. | whereas two of these elements have been further developed in the Communication on integrating migration issues in the European union's relations with third countries and in the communications, scheduled to be submitted to the Thessaloniki European Council on 20 June 2003, on immigration, immigration and employment and on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents, |
| --- | --- |

G.

whereas two of these elements have been further developed in the Communication on integrating migration issues in the European union's relations with third countries and in the communications, scheduled to be submitted to the Thessaloniki European Council on 20 June 2003, on immigration, immigration and employment and on the development of a common policy on illegal immigration, smuggling and trafficking of human beings, external borders and the return of illegal residents,

| H. | whereas action to combat trafficking in human beings and the sexual exploitation of women and children must necessarily constitute a further key element, |
| --- | --- |

H.

whereas action to combat trafficking in human beings and the sexual exploitation of women and children must necessarily constitute a further key element,

| I. | whereas, in most cases, irregular residence is the result of people who entered legally into the territory of the Union losing their authorisation, |
| --- | --- |

I.

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

| J. | whereas only limited Community financial resources are available, and whereas these resources should be equitably distributed among the various component strands of European immigration policy, on the basis of the priorities laid down in Tampere, |
| --- | --- |

J.

whereas only limited Community financial resources are available, and whereas these resources should be equitably distributed among the various component strands of European immigration policy, on the basis of the priorities laid down in Tampere,

| K. | whereas since the Commission communication on ‘a European development policy’, on which Parliament delivered a favourable opinion, a general strategy has been defined, encompassing the various aspects of development policy — from the social to the environmental — with global sustainable development as its aim, |
| --- | --- |

K.

whereas since the Commission communication on ‘a European development policy’, on which Parliament delivered a favourable opinion, a general strategy has been defined, encompassing the various aspects of development policy — from the social to the environmental — with global sustainable development as its aim,

| L. | whereas the issue of migration is taking on strategic importance and will play a vital role — for better or for worse — in determining the future impact of globalisation, |
| --- | --- |

L.

whereas the issue of migration is taking on strategic importance and will play a vital role — for better or for worse — in determining the future impact of globalisation,

| M. | whereas the destination of more than 90 % of immigrants in the world is not European Union territory but the territories of countries close to the immigrants' places of origin, |
| --- | --- |

M.

whereas the destination of more than 90 % of immigrants in the world is not European Union territory but the territories of countries close to the immigrants' places of origin,

Coordination of European immigration policy methods and instruments

| 1. | Regrets that the Council has yet to adopt the legislative instruments put forward by the Commission and calls on it to take up a position on the Commission's communications at the earliest opportunity; |
| --- | --- |

1.

Regrets that the Council has yet to adopt the legislative instruments put forward by the Commission and calls on it to take up a position on the Commission's communications at the earliest opportunity;

| 2. | Welcomes the Commission's attempts to speed up the work on migration-related issues by putting forward additional measures, and notes that, with the submission of the communication on third-country immigration and the forthcoming adoption of the communication on integration, the Commission will, by means of six successive communications, have delivered the integrated approach to immigration matters established in Tampere: |
| --- | --- |

2.

Welcomes the Commission's attempts to speed up the work on migration-related issues by putting forward additional measures, and notes that, with the submission of the communication on third-country immigration and the forthcoming adoption of the communication on integration, the Commission will, by means of six successive communications, have delivered the integrated approach to immigration matters established in Tampere:

| 3. | Stresses that an open method for the coordination of national policies cannot under any circumstances take the place of the legislative measures called for, and that the method could prove difficult to introduce if it were to be misused for the purpose of further delaying the legislative process or concealing the fact that deadlock has been reached; |
| --- | --- |

3.

Stresses that an open method for the coordination of national policies cannot under any circumstances take the place of the legislative measures called for, and that the method could prove difficult to introduce if it were to be misused for the purpose of further delaying the legislative process or concealing the fact that deadlock has been reached;

| 4. | Welcomes the Commission's proposal to put in place:






  — | national action plans providing statistics on the numbers and situation of third country nationals admitted, by category, |
| --- | --- | --- |

4.

Welcomes the Commission's proposal to put in place:

—

national action plans providing statistics on the numbers and situation of third country nationals admitted, by category,

| — | information on periodic guidelines, objectives and timetable, |
| --- | --- |

—

information on periodic guidelines, objectives and timetable,

| — | information on the impact of the measures adopted and their interaction with legal and illegal flows, |
| --- | --- |

—

information on the impact of the measures adopted and their interaction with legal and illegal flows,

| — | information on the hidden labour market, its impact on national economic activity and the presence of immigrants on this market, |
| --- | --- |

—

information on the hidden labour market, its impact on national economic activity and the presence of immigrants on this market,

| — | projections of demand for immigrant labour, as set out in the action plans for employment, |
| --- | --- |

—

projections of demand for immigrant labour, as set out in the action plans for employment,

| — | cooperation experiments set up in conjunction with regional and local authorities and civil society; |
| --- | --- |

—

cooperation experiments set up in conjunction with regional and local authorities and civil society;

| 5. | Calls on the Commission to see that the statistical data which it deems crucial for the effective monitoring and evaluation of the common immigration policy are gender segregated, |
| --- | --- |

5.

Calls on the Commission to see that the statistical data which it deems crucial for the effective monitoring and evaluation of the common immigration policy are gender segregated,

| 6. | Expresses the hope that the European Convention will take account of the many proposals regarding immigration and asylum put forward by Parliament, as reflected in its resolution of 27 March 2003 (6) on the progress in 2002 in implementing an area of Freedom, Security and Justice, with particular reference to the proposals on making codecision and qualified majority voting within the Council the general rule with a view to ending the current decision-making stalemate within the Council; |
| --- | --- |

6.

Expresses the hope that the European Convention will take account of the many proposals regarding immigration and asylum put forward by Parliament, as reflected in its resolution of 27 March 2003 (6) on the progress in 2002 in implementing an area of Freedom, Security and Justice, with particular reference to the proposals on making codecision and qualified majority voting within the Council the general rule with a view to ending the current decision-making stalemate within the Council;

Management of migration flows

| 7. | Calls on the Council to maintain a global and integrated approach which takes into account the various elements needed for the successful management of migration flows, as envisaged at Tampere and developed by the Commission; |
| --- | --- |

7.

Calls on the Council to maintain a global and integrated approach which takes into account the various elements needed for the successful management of migration flows, as envisaged at Tampere and developed by the Commission;

| 8. | 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 and those entering for family reunification purposes, including minors of working age, who must be ensured access to the labour market; |
| --- | --- |

8.

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 and those entering for family reunification purposes, including minors of working age, who must be ensured access to the labour market;

| 9. | Stresses that in dialogue with third countries it must always be borne in mind that migration flows are of interest to both sides and need to be rationalised, not blocked; |
| --- | --- |

9.

Stresses that in dialogue with third countries it must always be borne in mind that migration flows are of interest to both sides and need to be rationalised, not blocked;

| 10. | Is concerned at the ‘brain drain’ from developing countries; |
| --- | --- |

10.

Is concerned at the ‘brain drain’ from developing countries;

| 11. | Member States should periodically draw up studies and inform the Commission of the hidden labour market, its impact on national economic activity and the presence of immigrants on this market, given that a real prospect of finding a job unquestionably serves as a incentive for illegal immigration; |
| --- | --- |

11.

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

| 12. | Welcomes the adoption on 19 July 2002 of Council Framework Decision 2002/629/JHA on combating trafficking in human beings (7) and the Brussels Declaration adopted by the Council on 8 May 2003 and calls on the Commission to monitor their transposition into national law by the Member States; |
| --- | --- |

12.

Welcomes the adoption on 19 July 2002 of Council Framework Decision 2002/629/JHA on combating trafficking in human beings (7) and the Brussels Declaration adopted by the Council on 8 May 2003 and calls on the Commission to monitor their transposition into national law by the Member States;

| 13. | Calls on the Member States to focus not only on combating trafficking in human beings and on border controls but also on the victims of such trafficking, most of whom are victims of sexual exploitation, and calls in this context for the adoption of the proposal for a Council Directive on the short-term residence permit issued to victims of action to facilitate illegal immigration or trafficking in human beings who cooperate with the competent authorities (8); |
| --- | --- |

13.

Calls on the Member States to focus not only on combating trafficking in human beings and on border controls but also on the victims of such trafficking, most of whom are victims of sexual exploitation, and calls in this context for the adoption of the proposal for a Council Directive on the short-term residence permit issued to victims of action to facilitate illegal immigration or trafficking in human beings who cooperate with the competent authorities (8);

| 14. | Calls for an assessment to be conducted of the outcome of the external border control programmes put in place by the Council, and for the findings to be communicated to Parliament; |
| --- | --- |

14.

Calls for an assessment to be conducted of the outcome of the external border control programmes put in place by the Council, and for the findings to be communicated to Parliament;

| 15. | Calls for an open discussion to be held on the various proposals put forward by the Commission in its abovementioned Green Paper on a Community return policy, with particular attention being paid to the assisted return measures; |
| --- | --- |

15.

Calls for an open discussion to be held on the various proposals put forward by the Commission in its abovementioned Green Paper on a Community return policy, with particular attention being paid to the assisted return measures;

Admission of economic migrants

| 16. | Urges the Council to adopt the directive on the conditions for entering the EU for employment purposes, taking due account of the position of Parliament, as a first and necessary step towards ensuring simple and transparent procedures for legal entry into the EU; |
| --- | --- |

16.

Urges the Council to adopt the directive on the conditions for entering the EU for employment purposes, taking due account of the position of Parliament, as a first and necessary step towards ensuring simple and transparent procedures for legal entry into the EU;

| 17. | Draws attention to the fact that an ageing population and a lack of low-skilled and very highlyskilled workers are common features of all the Member States, which use immigration as a remedy against this situation; |
| --- | --- |

17.

Draws attention to the fact that an ageing population and a lack of low-skilled and very highlyskilled workers are common features of all the Member States, which use immigration as a remedy against this situation;

| 18. | Points out that the Member States retain responsibility for selecting and establishing the number of economic immigrants required to cover national labour market needs; |
| --- | --- |

18.

Points out that the Member States retain responsibility for selecting and establishing the number of economic immigrants required to cover national labour market needs;

| 19. | Considers it essential to involve local and regional authorities in this process; |
| --- | --- |

19.

Considers it essential to involve local and regional authorities in this process;

| 20. | Stresses that coherence between Community policy on immigration and other Union policies, in particular those relating to employment and social inclusion, is essential; calls for account to be taken of the issue of immigrants when laying down the Employment Guidelines and in National Action Plans, paying particular attention to equal opportunities but without undermining efforts in favour of groups of workers already employed in the Member States; points also to the importance of encompassing the issue of immigrants within the new National Action Plans for social inclusion; |
| --- | --- |

20.

Stresses that coherence between Community policy on immigration and other Union policies, in particular those relating to employment and social inclusion, is essential; calls for account to be taken of the issue of immigrants when laying down the Employment Guidelines and in National Action Plans, paying particular attention to equal opportunities but without undermining efforts in favour of groups of workers already employed in the Member States; points also to the importance of encompassing the issue of immigrants within the new National Action Plans for social inclusion;

| 21. | Calls on the Commission to give details of the specific ways in which the process of consultation with interested parties is to be organised, taking account of the role and specific responsibilities of the social partners for issues relating to the employment market and identifying the relevant, representative European organisations in the light of the role and responsibilities of each interested party; urges likewise that local and regional authorities be taken into consideration in a manner commensurate with their responsibilities in the individual Member States. |
| --- | --- |

21.

Calls on the Commission to give details of the specific ways in which the process of consultation with interested parties is to be organised, taking account of the role and specific responsibilities of the social partners for issues relating to the employment market and identifying the relevant, representative European organisations in the light of the role and responsibilities of each interested party; urges likewise that local and regional authorities be taken into consideration in a manner commensurate with their responsibilities in the individual Member States.

| 22. | Calls for the establishment of a Eures network specific to the EU labour market, the availability of which would enable countries of origin to gain access to information; |
| --- | --- |

22.

Calls for the establishment of a Eures network specific to the EU labour market, the availability of which would enable countries of origin to gain access to information;

| 23. | Takes the view that 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; |
| --- | --- |

23.

Takes the view that 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;

| 24. | 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 (9), a very large number of female migrant workers are employed; 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; |
| --- | --- |

24.

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 (9), a very large number of female migrant workers are employed; 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;

Integration of third-country nationals

| 25. | Considers that full integration of migrants in host countries is a key factor in measuring the success of European immigration policy; |
| --- | --- |

25.

Considers that full integration of migrants in host countries is a key factor in measuring the success of European immigration policy;

| 26. | Considers that various actions have been developed in the Member States to address the increasing pluralism of present-day societies and that the experience acquired in this area, in which there have been both successes and failures, is an asset that the Commission should harness, evaluate and make available to the Member States, regional and local authorities and other players involved; |
| --- | --- |

26.

Considers that various actions have been developed in the Member States to address the increasing pluralism of present-day societies and that the experience acquired in this area, in which there have been both successes and failures, is an asset that the Commission should harness, evaluate and make available to the Member States, regional and local authorities and other players involved;

| 27. | Declares that family reunification is an inalienable right recognised by international conventions; accordingly urges the Council to adopt the relevant directive, taking account of Parliament's opinion; |
| --- | --- |

27.

Declares that family reunification is an inalienable right recognised by international conventions; accordingly urges the Council to adopt the relevant directive, taking account of Parliament's opinion;

| 28. | Considers that the Union's development cooperation policy is a useful tool in immigration policies, which must concentrate on tackling the reasons for immigration and at the same time harness what migration has to offer for the purposes of co-development; |
| --- | --- |

28.

Considers that the Union's development cooperation policy is a useful tool in immigration policies, which must concentrate on tackling the reasons for immigration and at the same time harness what migration has to offer for the purposes of co-development;

| 29. | Considers the adoption of the directive on long-term residents to be essential with a view to guaranteeing the integration of third-country nationals and endorses the idea, put forward by the Commission and the Economic and Social Committee, of creating a civic citizenship enabling thirdcountry nationals legally resident in the European Union to enjoy a status conferring on them economic, social and political rights and duties, including the right to vote in local and European elections; |
| --- | --- |

29.

Considers the adoption of the directive on long-term residents to be essential with a view to guaranteeing the integration of third-country nationals and endorses the idea, put forward by the Commission and the Economic and Social Committee, of creating a civic citizenship enabling thirdcountry nationals legally resident in the European Union to enjoy a status conferring on them economic, social and political rights and duties, including the right to vote in local and European elections;

| 30. | Calls on the Commission to ensure that directives on fighting discrimination on grounds of origin and discrimination at work are implemented and enforced; |
| --- | --- |

30.

Calls on the Commission to ensure that directives on fighting discrimination on grounds of origin and discrimination at work are implemented and enforced;

| 31. | Calls on the Commission to ensure that detailed and practical action is taken on the integration policy set out in the abovementioned Communication on immigration, integration and employment by determining which Community programmes may be used to develop the integration policy and guaranteeing the exchange of information and good practices between Member States; |
| --- | --- |

31.

Calls on the Commission to ensure that detailed and practical action is taken on the integration policy set out in the abovementioned Communication on immigration, integration and employment by determining which Community programmes may be used to develop the integration policy and guaranteeing the exchange of information and good practices between Member States;

| 32. | Considers that Member States should not misuse integration policy as a way of rendering immigration impossible in practice; calls on Member States not to impose integration tests and language requirements which immigrants are required to comply with before they enter a Member State; |
| --- | --- |

32.

Considers that Member States should not misuse integration policy as a way of rendering immigration impossible in practice; calls on Member States not to impose integration tests and language requirements which immigrants are required to comply with before they enter a Member State;

| 33. | Believes that an active policy of integration should include the following:






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

33.

Believes that an active policy of integration 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,

| — | guaranteeing tuition in the national language or languages and access to education; |
| --- | --- |

—

guaranteeing tuition in the national language or languages and access to education;

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

—

guaranteeing access to social and health services,

| — | working to ensure dignified living conditions in cities and neighbourhoods; |
| --- | --- |

—

working to ensure dignified living conditions in cities and neighbourhoods;

| 34. | Considers that, in the above-mentioned areas, programmes should be established for initial reception of persons arriving in an EU Member State; |
| --- | --- |

34.

Considers that, in the above-mentioned areas, programmes should be established for initial reception of persons arriving in an EU Member State;

| 35. | Considers that civil servants working in administrative services dealing with third-country nationals, border and security officials, social, health and education staff and other personnel involved in the areas concerned should be given adequate training and resources to ensure proper initial reception and to enable them to carry out their duties in a pluralistic society; |
| --- | --- |

35.

Considers that civil servants working in administrative services dealing with third-country nationals, border and security officials, social, health and education staff and other personnel involved in the areas concerned should be given adequate training and resources to ensure proper initial reception and to enable them to carry out their duties in a pluralistic society;

| 36. | Considers that at all levels of the civil service and administrative services dealing with third country nationals, border and security officials, social, health and education staff and other personnel involved in the areas concerned, an effective anti-corruption policy and appropriate instruments are very much needed; |
| --- | --- |

36.

Considers that at all levels of the civil service and administrative services dealing with third country nationals, border and security officials, social, health and education staff and other personnel involved in the areas concerned, an effective anti-corruption policy and appropriate instruments are very much needed;

| 37. | Considers that Community programmes and measures should take due account of the need to provide training for reception and the realities of a pluralistic society, and that cooperation is required between immigration policies — both European and national — and employment policy, social cohesion and integration policy and anti-discrimination policy; |
| --- | --- |

37.

Considers that Community programmes and measures should take due account of the need to provide training for reception and the realities of a pluralistic society, and that cooperation is required between immigration policies — both European and national — and employment policy, social cohesion and integration policy and anti-discrimination policy;

| 38. | 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; |
| --- | --- |

38.

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;

| 39. | Welcomes the Commission proposal concerning the financing of pilot projects relating to integration; |
| --- | --- |

39.

Welcomes the Commission proposal concerning the financing of pilot projects relating to integration;

| 40. | Welcomes the proposal made by the Convention Praesidium to create a specific legal basis for the integration of third-country nationals legally resident in the European Union; |
| --- | --- |

40.

Welcomes the proposal made by the Convention Praesidium to create a specific legal basis for the integration of third-country nationals legally resident in the European Union;

Partnership with third countries

| 41. | Considers that the Union should efficiently integrate the joint management of migration flows in its relations with third countries and that the association agreements should reflect the commitment of both parties to accepting their responsibilities in the field of border controls and the management of migration flows, bearing in mind the needs of the countries of origin and transit and respect for the rights of immigrants in the transit and host countries; |
| --- | --- |

41.

Considers that the Union should efficiently integrate the joint management of migration flows in its relations with third countries and that the association agreements should reflect the commitment of both parties to accepting their responsibilities in the field of border controls and the management of migration flows, bearing in mind the needs of the countries of origin and transit and respect for the rights of immigrants in the transit and host countries;

| 42. | Considers that the fight against illegal immigration and border checks are only one aspect of EU policy towards third countries, to which should be added an active co-development for the development of countries of origin, partly aimed at keeping the adverse effects of emigration to a minimum; |
| --- | --- |

42.

Considers that the fight against illegal immigration and border checks are only one aspect of EU policy towards third countries, to which should be added an active co-development for the development of countries of origin, partly aimed at keeping the adverse effects of emigration to a minimum;

| 43. | Considers that readmission agreements represent one aspect of EU external policy and that the EU Member States should accept their obligations with a view to improved management of migration flows, but must not form the Union's sole priority as regards relations with countries of origin in the migration context; takes the view that factors which encourage unwanted emigration must be examined; |
| --- | --- |

43.

Considers that readmission agreements represent one aspect of EU external policy and that the EU Member States should accept their obligations with a view to improved management of migration flows, but must not form the Union's sole priority as regards relations with countries of origin in the migration context; takes the view that factors which encourage unwanted emigration must be examined;

| 44. | Considers that cooperation with third countries should include measures to support the establishment of positive trends both for countries of origin and transit and host countries, and that this means promoting co-development projects and coordinated action in the field of education and training, examining economic and other opportunities linked to people's mobility, and assisted return policies; considers that co-development policies should remain one of the objectives of budget line B7-667 and of EU external action programmes; |
| --- | --- |

44.

Considers that cooperation with third countries should include measures to support the establishment of positive trends both for countries of origin and transit and host countries, and that this means promoting co-development projects and coordinated action in the field of education and training, examining economic and other opportunities linked to people's mobility, and assisted return policies; considers that co-development policies should remain one of the objectives of budget line B7-667 and of EU external action programmes;

| 45. | Considers that cooperation should include measures to develop and strengthen anti-corruption policies in countries of origin as well as host countries; |
| --- | --- |

45.

Considers that cooperation should include measures to develop and strengthen anti-corruption policies in countries of origin as well as host countries;

| 46. | Calls for mechanisms stepping up support for refugee host countries to be implemented, so as to avoid divisions appearing in the economic and social fabric and thus protect current development processes in those countries; |
| --- | --- |

46.

Calls for mechanisms stepping up support for refugee host countries to be implemented, so as to avoid divisions appearing in the economic and social fabric and thus protect current development processes in those countries;

| 47. | Stresses the need to take into account, along the lines mentioned by the Commission, the enormous financial flows which the money sent home by immigrants constitutes, and calls on the Commission to take the initiative in order to ensure that these earnings can be sent back legally cheaply and easily and in order to harness these private financial resources for co-development initiatives, ensuring control by employers and the recipients of the earnings, in accordance with the conclusions of the Monterrey Conference; |
| --- | --- |

47.

Stresses the need to take into account, along the lines mentioned by the Commission, the enormous financial flows which the money sent home by immigrants constitutes, and calls on the Commission to take the initiative in order to ensure that these earnings can be sent back legally cheaply and easily and in order to harness these private financial resources for co-development initiatives, ensuring control by employers and the recipients of the earnings, in accordance with the conclusions of the Monterrey Conference;

| 48. | Welcomes the launch of the regional cooperation programmes in the fields of justice and internal affairs under the MEDA and TACIS programmes and welcomes the progress made in this field in the ASEM; regrets, however, that political dialogue on immigration in the context of EU/Latin America relations has not started and hence calls on the Council and the Commission to start immediately preparing a dialogue on this subject in the context of European-Latin American relations; |
| --- | --- |

48.

Welcomes the launch of the regional cooperation programmes in the fields of justice and internal affairs under the MEDA and TACIS programmes and welcomes the progress made in this field in the ASEM; regrets, however, that political dialogue on immigration in the context of EU/Latin America relations has not started and hence calls on the Council and the Commission to start immediately preparing a dialogue on this subject in the context of European-Latin American relations;

| 49. | Reiterates the need to improve the systems for collecting and exchanging statistical data on migration and calls for consideration of certain initiatives such as the creation of migration monitoring services, the establishment of port networks or encouraging the creation of ‘emigration institutes’ in the countries of origin and transit; |
| --- | --- |

49.

Reiterates the need to improve the systems for collecting and exchanging statistical data on migration and calls for consideration of certain initiatives such as the creation of migration monitoring services, the establishment of port networks or encouraging the creation of ‘emigration institutes’ in the countries of origin and transit;

| 50. | Notes that the lack of agreements on the transfer and guarantee of social rights, such as pension entitlements, has the lasting effect of restricting the scope for third country nationals to plan their lives, and calls on the Commission to include this subject in negotiations on cooperation agreements with third countries; |
| --- | --- |

50.

Notes that the lack of agreements on the transfer and guarantee of social rights, such as pension entitlements, has the lasting effect of restricting the scope for third country nationals to plan their lives, and calls on the Commission to include this subject in negotiations on cooperation agreements with third countries;

| 51. | Notes that fear of forfeiting residence rights and social rights prevents many immigrants from third countries from embarking on a new life in their countries of origin; calls on the Commission, therefore, to make it possible for immigrants with firm residence status to return; |
| --- | --- |

51.

Notes that fear of forfeiting residence rights and social rights prevents many immigrants from third countries from embarking on a new life in their countries of origin; calls on the Commission, therefore, to make it possible for immigrants with firm residence status to return;

| 52. | Considers that there is at present no basis for expulsions being financed from the Community budget and that, by virtue of the principle of subsidiarity, the various agreements may be financed from national budgets in the absence of a basis justifying the added value of EU funding; |
| --- | --- |

52.

Considers that there is at present no basis for expulsions being financed from the Community budget and that, by virtue of the principle of subsidiarity, the various agreements may be financed from national budgets in the absence of a basis justifying the added value of EU funding;

| 53. | Considers also that the European Refugee Fund is not the suitable means of financing the forced repatriation of immigrants and refugees, in view of the actual nature of the fund, which only provides for reception and integration measures and the funding of voluntary return agreements; |
| --- | --- |

53.

Considers also that the European Refugee Fund is not the suitable means of financing the forced repatriation of immigrants and refugees, in view of the actual nature of the fund, which only provides for reception and integration measures and the funding of voluntary return agreements;

*

- *

| 54. | Instructs its President to forward this resolution to the Council, the Commission and the parliaments of the Member States and the candidate countries. |
| --- | --- |

54.

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

---

(1)  CES 365/2002.

(2)  P5_TA(2003)0050.

(3)  P5_TA(2003)0179.

(4)  OJ C 248 E, 21.11.2002, p. 102.

(5)  P5_TA(2003)0235.

(6)  P5_TA(2003)0126.

(7)  OJ L 203, 1.8.2002, p. 1.

(8)  OJ C 126 E, 28.5.2002, p. 393.

(9)  OJ C 228, 13.8.2001, p. 193.

P5_TA(2003)0293

Illegal trade in light weapons

European Parliament resolution on implementation of the United Nations programme to combat the illegal trade in light weapons

The European Parliament,

| A. | concerned that the illicit trafficking in, and misuse of, small arms and light weapons undermines respect for human rights, international humanitarian law and sustainable development, |
| --- | --- |

A.

concerned that the illicit trafficking in, and misuse of, small arms and light weapons undermines respect for human rights, international humanitarian law and sustainable development,

| B. | affirming the urgent need to control tightly the legal trade in small arms and light weapons in accordance with States' obligations under international law to prevent their diversion into illicit trade flows and to undesirable end-users, |
| --- | --- |

B.

affirming the urgent need to control tightly the legal trade in small arms and light weapons in accordance with States' obligations under international law to prevent their diversion into illicit trade flows and to undesirable end-users,

| C. | recalling its view that transfers which entail a clear risk of contributing to serious violations of human rights or international humanitarian law should be prohibited in law, |
| --- | --- |

C.

recalling its view that transfers which entail a clear risk of contributing to serious violations of human rights or international humanitarian law should be prohibited in law,

| D. | taking into account the United Nations Conference on the illicit trade in small arms and light weapons in all its aspects and, in particular, its Programme of Action, |
| --- | --- |

D.

taking into account the United Nations Conference on the illicit trade in small arms and light weapons in all its aspects and, in particular, its Programme of Action,

| E. | noting with satisfaction the EU's support at this conference for international instruments on marking and tracing as well as on brokering, |
| --- | --- |

E.

noting with satisfaction the EU's support at this conference for international instruments on marking and tracing as well as on brokering,

| F. | regretting that Member States have made only limited progress in following up the encouragement contained in this Programme of Action to begin negotiations at a regional level with the aim of concluding relevant legally binding instruments aimed at preventing, combating and eradicating the illicit trade in small arms and light weapons in all its aspects, |
| --- | --- |

F.

regretting that Member States have made only limited progress in following up the encouragement contained in this Programme of Action to begin negotiations at a regional level with the aim of concluding relevant legally binding instruments aimed at preventing, combating and eradicating the illicit trade in small arms and light weapons in all its aspects,

| G. | whereas, in July 2003, State Parties will meet in New York for the UN Biennial Meeting of States (BMS) to review the implementation of this Programme of Action, |
| --- | --- |

G.

whereas, in July 2003, State Parties will meet in New York for the UN Biennial Meeting of States (BMS) to review the implementation of this Programme of Action,

| 1. | Calls on the Council and the governments of the Member States to use the BMS to reaffirm their commitment to international instruments on marking/tracing and brokering and to declare their support for such instruments being legally binding; |
| --- | --- |

1.

Calls on the Council and the governments of the Member States to use the BMS to reaffirm their commitment to international instruments on marking/tracing and brokering and to declare their support for such instruments being legally binding;

| 2. | Encourages the Council and EU governments to declare publicly their support for a legally binding international instrument to control conventional arms transfers according to clear normative standards based on international law and existing best practice; |
| --- | --- |

2.

Encourages the Council and EU governments to declare publicly their support for a legally binding international instrument to control conventional arms transfers according to clear normative standards based on international law and existing best practice;

| 3. | Calls on the Council and EU governments to examine carefully the model conventions on arms marking/tracing (as proposed by GRIP and other specialist non-governmental organisations), on arms brokering (as proposed by the Fund for Peace and other NGOs) and on arms transfers (taking as a model the Arms Trade Treaty as proposed by the Arias Foundation and other NGOs) as the basis for legally binding international instruments on these issues; |
| --- | --- |

3.

Calls on the Council and EU governments to examine carefully the model conventions on arms marking/tracing (as proposed by GRIP and other specialist non-governmental organisations), on arms brokering (as proposed by the Fund for Peace and other NGOs) and on arms transfers (taking as a model the Arms Trade Treaty as proposed by the Arias Foundation and other NGOs) as the basis for legally binding international instruments on these issues;

| 4. | Calls further on the Council and EU governments to identify potential partners and establish Contact Groups of States to pave the way for negotiations on such instruments, if necessary outside the framework of the UN by way of ‘Ottawa-style’ processes; |
| --- | --- |

4.

Calls further on the Council and EU governments to identify potential partners and establish Contact Groups of States to pave the way for negotiations on such instruments, if necessary outside the framework of the UN by way of ‘Ottawa-style’ processes;

| 5. | Urges EU governments to implement speedily the EU Common Position on Arms Brokering and to adopt nationally and at EU level comprehensive controls on arms brokers, including registration, extraterritorial provisions as they already exist in, for example, Finland, Sweden and Belgium, and controls on shipping agents and those providing financial services for arms transfers; |
| --- | --- |

5.

Urges EU governments to implement speedily the EU Common Position on Arms Brokering and to adopt nationally and at EU level comprehensive controls on arms brokers, including registration, extraterritorial provisions as they already exist in, for example, Finland, Sweden and Belgium, and controls on shipping agents and those providing financial services for arms transfers;

| 6. | Calls on Member States to strengthen their commitment to assisting in the development of legislative frameworks and to building up institutional capacities in EU accession and association countries to implement and enforce arms export controls, including arms brokering and marking/tracing; |
| --- | --- |

6.

Calls on Member States to strengthen their commitment to assisting in the development of legislative frameworks and to building up institutional capacities in EU accession and association countries to implement and enforce arms export controls, including arms brokering and marking/tracing;

| 7. | Requests the Council to draw up a progress report on the outcome of the July 2003 BMS and to report back in full to Parliament immediately after the end of the BMS; |
| --- | --- |

7.

Requests the Council to draw up a progress report on the outcome of the July 2003 BMS and to report back in full to Parliament immediately after the end of the BMS;

| 8. | Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the UN and the OSCE. |
| --- | --- |

8.

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

P5_TA(2003)0294

Energy cooperation with the developing countries

European Parliament resolution on the Commission communication on energy cooperation with the developing countries (COM(2002) 408 — 2002/2244(INI))

The European Parliament,

| — | having regard to the Commission communication (COM(2002) 408 — C5-0537/2002), |
| --- | --- |

—

having regard to the Commission communication (COM(2002) 408 — C5-0537/2002),

| — | having regard to the EU Energy Partnership Initiative, launched in Johannesburg in September 2002, |
| --- | --- |

—

having regard to the EU Energy Partnership Initiative, launched in Johannesburg in September 2002,

| — | having regard to the outcome of the World Summit on Sustainable Development (WSSD) held in Johannesburg from 26 August to 4 September 2002 and, in particular, the Plan of Implementation adopted, |
| --- | --- |

—

having regard to the outcome of the World Summit on Sustainable Development (WSSD) held in Johannesburg from 26 August to 4 September 2002 and, in particular, the Plan of Implementation adopted,

| — | having regard to the new ACP-EU Partnership Agreement between the ACP States and the European Community and its Member States, in which both sides agree on cooperation aimed at supporting specific measures addressing sustainable management issues such as renewable energy sources and energy efficiency, |
| --- | --- |

—

having regard to the new ACP-EU Partnership Agreement between the ACP States and the European Community and its Member States, in which both sides agree on cooperation aimed at supporting specific measures addressing sustainable management issues such as renewable energy sources and energy efficiency,

| — | having regard to the Report of the G8 Renewable Energy Task Force, Genoa (July 2001), |
| --- | --- |

—

having regard to the Report of the G8 Renewable Energy Task Force, Genoa (July 2001),

| — | having regard to the World Energy Assessment (WEA) and its final report, presented in early 2000, |
| --- | --- |

—

having regard to the World Energy Assessment (WEA) and its final report, presented in early 2000,

| — | having regard to the resolution of the ACP-EU Joint Parliamentary Assembly on the use of renewable energy sources in the ACP States adopted in Brussels on 1 November 2001 (1), |
| --- | --- |

—

having regard to the resolution of the ACP-EU Joint Parliamentary Assembly on the use of renewable energy sources in the ACP States adopted in Brussels on 1 November 2001 (1),

| — | 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 Development and Cooperation (A5-0196/2003), |
| --- | --- |

—

having regard to the report of the Committee on Development and Cooperation (A5-0196/2003),

| A. | whereas energy fuels economic development and is a key concern for all countries, access to energy varies widely and whereas two billion people rely almost completely on crop residues, fuel wood and animal dung for their energy needs; such energy use is inefficient, leads to severe health problems as well as environmental damage and contributes significantly to green-house gas emissions, |
| --- | --- |

A.

whereas energy fuels economic development and is a key concern for all countries, access to energy varies widely and whereas two billion people rely almost completely on crop residues, fuel wood and animal dung for their energy needs; such energy use is inefficient, leads to severe health problems as well as environmental damage and contributes significantly to green-house gas emissions,

| B. | whereas no country has been able substantially to reduce poverty in modern times without replacing human and animal labour with more efficient forms of energy, and thus taking the view that access to energy is an indispensable component of development, |
| --- | --- |

B.

whereas no country has been able substantially to reduce poverty in modern times without replacing human and animal labour with more efficient forms of energy, and thus taking the view that access to energy is an indispensable component of development,

| C. | whereas the critical role of energy in development and in poverty eradication has been largely overlooked in the recent past; energy projects account for less than 5% of Community aid since 1990, |
| --- | --- |

C.

whereas the critical role of energy in development and in poverty eradication has been largely overlooked in the recent past; energy projects account for less than 5% of Community aid since 1990,

| D. | whereas, so far, energy has not been sufficiently integrated as a horizontal key element in poverty eradication strategies, |
| --- | --- |

D.

whereas, so far, energy has not been sufficiently integrated as a horizontal key element in poverty eradication strategies,

| E. | whereas most current forms of energy generation and use cause environmental problems at local, regional and international levels that seriously threaten the health and well-being of current and future generations as well as the health of numerous ecosystems, |
| --- | --- |

E.

whereas most current forms of energy generation and use cause environmental problems at local, regional and international levels that seriously threaten the health and well-being of current and future generations as well as the health of numerous ecosystems,

| F. | whereas the unrestrained consumption of fossil energy by the developed countries, in particular the United States, is excessive and out of all proportion to that by developing countries, |
| --- | --- |

F.

whereas the unrestrained consumption of fossil energy by the developed countries, in particular the United States, is excessive and out of all proportion to that by developing countries,

| G. | whereas, the EU and its Member States have achieved their development thanks to an energy model ‘characterised by abundant, cheap and polluting energy’, which has reached its limits; it naturally follows from this recognition that it is in the interests of all of us to support technology leapfrogging in developing countries so as to ensure that the necessary improvements in living standards are achieved with minimal harm to the environment, |
| --- | --- |

G.

whereas, the EU and its Member States have achieved their development thanks to an energy model ‘characterised by abundant, cheap and polluting energy’, which has reached its limits; it naturally follows from this recognition that it is in the interests of all of us to support technology leapfrogging in developing countries so as to ensure that the necessary improvements in living standards are achieved with minimal harm to the environment,

| H. | whereas primary energy demand in the world in a business-as-usual case scenario is projected to grow by 65 % over the period from 1995 to 2020, and two thirds of the increase in demand will arise in developing countries; the resulting increase in CO2 emissions would be more than 70% and constitute a serious blow to the ongoing efforts to control green-house gas emissions, |
| --- | --- |

H.

whereas primary energy demand in the world in a business-as-usual case scenario is projected to grow by 65 % over the period from 1995 to 2020, and two thirds of the increase in demand will arise in developing countries; the resulting increase in CO2 emissions would be more than 70% and constitute a serious blow to the ongoing efforts to control green-house gas emissions,

| I. | whereas primary energy demand in the future, and the composition of that demand, differ widely in the scenarios presented by the WEA, all depending on the kind of energy policies pursued; the WEA ecologically-driven scenario, based on high rates of economic growth, results in an almost 40% lower primary energy demand in 2050 and 25% lower overall investment in energy supply than the reference scenario, |
| --- | --- |

I.

whereas primary energy demand in the future, and the composition of that demand, differ widely in the scenarios presented by the WEA, all depending on the kind of energy policies pursued; the WEA ecologically-driven scenario, based on high rates of economic growth, results in an almost 40% lower primary energy demand in 2050 and 25% lower overall investment in energy supply than the reference scenario,

| J. | whereas there has been significant development of alternative energy technologies in the recent past, in terms of both performance and cost reduction, |
| --- | --- |

J.

whereas there has been significant development of alternative energy technologies in the recent past, in terms of both performance and cost reduction,

| K. | whereas investments in both renewable energy and energy efficiency are often more economic than current conventional energy on a life-cycle basis, yet are perceived as more costly because of the high costs to be paid up-front, |
| --- | --- |

K.

whereas investments in both renewable energy and energy efficiency are often more economic than current conventional energy on a life-cycle basis, yet are perceived as more costly because of the high costs to be paid up-front,

| L. | whereas energy investments in developing countries will most probably require USD 150 to 200 billion yearly over the next five years, and a large part of such investments are likely to come from private sources, |
| --- | --- |

L.

whereas energy investments in developing countries will most probably require USD 150 to 200 billion yearly over the next five years, and a large part of such investments are likely to come from private sources,

| M. | whereas capacity is desperately lacking in most developing countries in the field of energy and energy policy-making, particularily as regards the ability of government institutions to shape policy, the involvement of private sector undertakings and investments in areas such as energy distribution and services; whereas the existence of a strong public sector in the energy domain is particularly important in the first stage of development, |
| --- | --- |

M.

whereas capacity is desperately lacking in most developing countries in the field of energy and energy policy-making, particularily as regards the ability of government institutions to shape policy, the involvement of private sector undertakings and investments in areas such as energy distribution and services; whereas the existence of a strong public sector in the energy domain is particularly important in the first stage of development,

| N. | whereas experience within the Global Environment Facility (GEF) and other grant-based institutions shows that well-targeted grants for renewable energy, in particular off-grid installations, can attract five to six times the grant amount in co-financing through governments and private-sector undertakings, |
| --- | --- |

N.

whereas experience within the Global Environment Facility (GEF) and other grant-based institutions shows that well-targeted grants for renewable energy, in particular off-grid installations, can attract five to six times the grant amount in co-financing through governments and private-sector undertakings,

| O. | whereas, according to the International Energy Agency (IEA), biomass currently accounts for over 80% of final energy consumption in sub-Saharan Africa (excluding South Africa) and has the potential to provide for 30-50% of total global energy consumption, the bulk of which would be in developing countries; whereas, however, existing biomass use consists of the virtually entirely unsustainable traditional combustion of biomass, |
| --- | --- |

O.

whereas, according to the International Energy Agency (IEA), biomass currently accounts for over 80% of final energy consumption in sub-Saharan Africa (excluding South Africa) and has the potential to provide for 30-50% of total global energy consumption, the bulk of which would be in developing countries; whereas, however, existing biomass use consists of the virtually entirely unsustainable traditional combustion of biomass,

| P. | whereas new technology options, such as hydrogen produced from biomass, offer fascinating opportunities to turn poor rural areas into net producers of energy, thereby significantly contributing to the eradication of poverty; whereas such energy production could be organised as an integral part of food production, |
| --- | --- |

P.

whereas new technology options, such as hydrogen produced from biomass, offer fascinating opportunities to turn poor rural areas into net producers of energy, thereby significantly contributing to the eradication of poverty; whereas such energy production could be organised as an integral part of food production,

| 1. | Takes the view that access to energy is an indispensable component of development and therefore constitutes an economic and social right; welcomes therefore the Communication on energy cooperation with developing countries as well as the EU Energy Partnership Initiative; deplores, however, that no new financial resources have been allocated to effectively address the energy/poverty nexus as well as the energy/environment nexus; |
| --- | --- |

1.

Takes the view that access to energy is an indispensable component of development and therefore constitutes an economic and social right; welcomes therefore the Communication on energy cooperation with developing countries as well as the EU Energy Partnership Initiative; deplores, however, that no new financial resources have been allocated to effectively address the energy/poverty nexus as well as the energy/environment nexus;

| 2. | Stresses that energy must be considered as an overarching issue with a high development potential, especially in terms of poverty eradication, inasmuch as the availability of affordable energy services is imperative for satisfying basic needs, such as access to food and potable water, household lighting and cooking, refrigeration, health services and education, communications and a host of labour-saving devices and income-generating opportunities; as a consequence, access for the poor to clean and affordable energy services is a major prerequisite to meet the Millenium Development Goals (MDGs); stresses in this connection the need to develop local capacities for establishing and maintaining modern renewable energy technologies; |
| --- | --- |

2.

Stresses that energy must be considered as an overarching issue with a high development potential, especially in terms of poverty eradication, inasmuch as the availability of affordable energy services is imperative for satisfying basic needs, such as access to food and potable water, household lighting and cooking, refrigeration, health services and education, communications and a host of labour-saving devices and income-generating opportunities; as a consequence, access for the poor to clean and affordable energy services is a major prerequisite to meet the Millenium Development Goals (MDGs); stresses in this connection the need to develop local capacities for establishing and maintaining modern renewable energy technologies;

| 3. | Recognises that the energy agenda varies greatly between different developing countries; emphasises, however, that two types of intervention merit special attention within the framework of EU development cooperation:






  (i) | policy development and investments at village level, the main purpose being poverty reduction through the provision of clean and affordable energy services for the poor, and |
| --- | --- | --- |

3.

Recognises that the energy agenda varies greatly between different developing countries; emphasises, however, that two types of intervention merit special attention within the framework of EU development cooperation:

(i)

policy development and investments at village level, the main purpose being poverty reduction through the provision of clean and affordable energy services for the poor, and

| (ii) | policy development and investments to address resource efficiency, environmental and climate concerns in the modern sector, with priority being given to the former; |
| --- | --- |

(ii)

policy development and investments to address resource efficiency, environmental and climate concerns in the modern sector, with priority being given to the former;

| 4. | Stresses that the attainment of the Millenium Development Goals (MDGs) will require the mobilising of substantial sources of financing from both the public and the private sectors to provide access to modern energy services for the poor; therefore calls on the Commission to present rapidly a proposal on how to significantly increase the financial resources for energy cooperation with developing countries; stresses that the establishment of a special EU Sustainable Energy Fund — like the one considered for water and using either resources not utilised within the 8th EDF or part of the conditional resources within the 9th EDF — would represent a significant contribution to the solution of energy poverty; calls on the Commission to give serious consideration to such an initiative; underlines that other measures meriting consideration could include increasing the financial framework of Regulation (EC) No 2493/2000 (2) on measures to promote the full integration of the environmental dimension in the development process of developing countries as well as the newly adopted Decision on ‘Energy Intelligent Europe’ and the use of decommitted funds for programmes within the EDF and the ordinary budget that have been terminated or cancelled; |
| --- | --- |

4.

Stresses that the attainment of the Millenium Development Goals (MDGs) will require the mobilising of substantial sources of financing from both the public and the private sectors to provide access to modern energy services for the poor; therefore calls on the Commission to present rapidly a proposal on how to significantly increase the financial resources for energy cooperation with developing countries; stresses that the establishment of a special EU Sustainable Energy Fund — like the one considered for water and using either resources not utilised within the 8th EDF or part of the conditional resources within the 9th EDF — would represent a significant contribution to the solution of energy poverty; calls on the Commission to give serious consideration to such an initiative; underlines that other measures meriting consideration could include increasing the financial framework of Regulation (EC) No 2493/2000 (2) on measures to promote the full integration of the environmental dimension in the development process of developing countries as well as the newly adopted Decision on ‘Energy Intelligent Europe’ and the use of decommitted funds for programmes within the EDF and the ordinary budget that have been terminated or cancelled;

| 5. | Emphasises that production and distribution of energy should be looked upon as essentially a public service and hence organised so as to guarantee affordable access for all; stresses that the key issue is not whether energy provision is organised by a public or private entity but rather the specific obligations provided by the policy framework; |
| --- | --- |

5.

Emphasises that production and distribution of energy should be looked upon as essentially a public service and hence organised so as to guarantee affordable access for all; stresses that the key issue is not whether energy provision is organised by a public or private entity but rather the specific obligations provided by the policy framework;

| 6. | Takes the view that the development of alternative energies is important, but also points out that limiting OECD countries' consumption of fossil energies is essential to enable a balance to be restored as regards the use made of them and to enable developing countries to use and have access to them; stresses the importance of environment policy-making at the global level, first and foremost through the United Nations; underlines specifically the importance of swift implementation of the Climate Convention, notably the need for all countries, including the US, to ratify the Kyoto Protocol; |
| --- | --- |

6.

Takes the view that the development of alternative energies is important, but also points out that limiting OECD countries' consumption of fossil energies is essential to enable a balance to be restored as regards the use made of them and to enable developing countries to use and have access to them; stresses the importance of environment policy-making at the global level, first and foremost through the United Nations; underlines specifically the importance of swift implementation of the Climate Convention, notably the need for all countries, including the US, to ratify the Kyoto Protocol;

| 7. | Calls on the governments of developing countries to make energy, and specifically renewable energy and energy efficiency, a priority in the indicative programs of cooperation with the EU; |
| --- | --- |

7.

Calls on the governments of developing countries to make energy, and specifically renewable energy and energy efficiency, a priority in the indicative programs of cooperation with the EU;

| 8. | Calls on the Commission to make sure that the primary purpose of energy programmes, within its development portfolio, is local development, facilitated by the involvement of local actors in programme implementation and by the decentralisation of energy programmes; |
| --- | --- |

8.

Calls on the Commission to make sure that the primary purpose of energy programmes, within its development portfolio, is local development, facilitated by the involvement of local actors in programme implementation and by the decentralisation of energy programmes;

| 9. | Stresses that while access to electricity is much needed for the rural poor, priority in the short term should be given to other less costly forms of energy, such as solar heaters, solar pasteurisers, wind pumps, improved cooking stoves, biomass briquettes etc; points out that it will be of particular importance to offer alternatives to traditional cooking stoves, such as the provision of LPG and biogas; |
| --- | --- |

9.

Stresses that while access to electricity is much needed for the rural poor, priority in the short term should be given to other less costly forms of energy, such as solar heaters, solar pasteurisers, wind pumps, improved cooking stoves, biomass briquettes etc; points out that it will be of particular importance to offer alternatives to traditional cooking stoves, such as the provision of LPG and biogas;

| 10. | Expresses concern that transportation, which is the cause of manifold problems such as congestion, air pollution etc, is largely overlooked in the Communication and calls on the Commission to include the transportation sector in its strategy; points out that many alternatives exist to reduce pollution and congestion through enhanced fuel efficiency, mass transit systems, rapid bus services, the use of biofuels, etc.; |
| --- | --- |

10.

Expresses concern that transportation, which is the cause of manifold problems such as congestion, air pollution etc, is largely overlooked in the Communication and calls on the Commission to include the transportation sector in its strategy; points out that many alternatives exist to reduce pollution and congestion through enhanced fuel efficiency, mass transit systems, rapid bus services, the use of biofuels, etc.;

| 11. | Stresses that the nature of new and emerging renewable energy technologies, such as small-scale off-grid wind turbines, mini- or micro-hydro systems, modern biomass-based generators, solar PV systems, etc. is often more appropriate to the level and structure of demand at village level than conventional alternatives; |
| --- | --- |

11.

Stresses that the nature of new and emerging renewable energy technologies, such as small-scale off-grid wind turbines, mini- or micro-hydro systems, modern biomass-based generators, solar PV systems, etc. is often more appropriate to the level and structure of demand at village level than conventional alternatives;

| 12. | Points out that access to electricity is a precondition for access to information and communications technologies; calls on the Commission to explore possible synergies between its Communication and ongoing and future efforts to bridge the digital divide — efforts which, largely, are the responsibility of the developed countries; |
| --- | --- |

12.

Points out that access to electricity is a precondition for access to information and communications technologies; calls on the Commission to explore possible synergies between its Communication and ongoing and future efforts to bridge the digital divide — efforts which, largely, are the responsibility of the developed countries;

| 13. | Notes that increased use of renewable energy sources would reduce dependence on expensive imports of fossil fuels and help improve the balance of payments; stresses at the same time that renewable energy projects can have a significant impact on job creation; points out that the ethanol programme in Brazil, for example, has generated at least seven hundred thousand new jobs in the rural areas; |
| --- | --- |

13.

Notes that increased use of renewable energy sources would reduce dependence on expensive imports of fossil fuels and help improve the balance of payments; stresses at the same time that renewable energy projects can have a significant impact on job creation; points out that the ethanol programme in Brazil, for example, has generated at least seven hundred thousand new jobs in the rural areas;

| 14. | Calls on the governments of the developing countries, assisted by the Commission, to examine the possibilities of overcoming the many barriers to investment in renewable energy and energy efficiency, such as the lack of adequate legal, fiscal or regulatory frameworks, and the reasons for the lack of private investment; |
| --- | --- |

14.

Calls on the governments of the developing countries, assisted by the Commission, to examine the possibilities of overcoming the many barriers to investment in renewable energy and energy efficiency, such as the lack of adequate legal, fiscal or regulatory frameworks, and the reasons for the lack of private investment;

| 15. | Calls for immediate steps to remove subsidies and other forms of support for environmentally harmful technologies and to develop mechanisms to address external factors, such as pollution, so as to enable alternative energy technologies to compete in the market on a more equal basis; points out that one promising option would be the establishment of a Multilateral Energy Subsidies Agreement (MESA), involving the removal of subsidies for nuclear and fossil fuels and, parallel to that, the introduction of rules for subsidising renewable energy and energy efficiency technologies; |
| --- | --- |

15.

Calls for immediate steps to remove subsidies and other forms of support for environmentally harmful technologies and to develop mechanisms to address external factors, such as pollution, so as to enable alternative energy technologies to compete in the market on a more equal basis; points out that one promising option would be the establishment of a Multilateral Energy Subsidies Agreement (MESA), involving the removal of subsidies for nuclear and fossil fuels and, parallel to that, the introduction of rules for subsidising renewable energy and energy efficiency technologies;

| 16. | Calls on the Commission to help create suitable new finance mechanisms and new business models in developing countries for energy efficiency and renewable energy projects, in order to overcome the high up-front costs; points out in this regard that the establishment of micro-credit systems is especially important; |
| --- | --- |

16.

Calls on the Commission to help create suitable new finance mechanisms and new business models in developing countries for energy efficiency and renewable energy projects, in order to overcome the high up-front costs; points out in this regard that the establishment of micro-credit systems is especially important;

| 17. | Calls on the Commission to pay special attention to the significant potential offered in many developing countries for the development of different forms of solar energy and the development of hydrogen, produced either from biomass (steam reforming technology) or through electrolysis using solar energy; |
| --- | --- |

17.

Calls on the Commission to pay special attention to the significant potential offered in many developing countries for the development of different forms of solar energy and the development of hydrogen, produced either from biomass (steam reforming technology) or through electrolysis using solar energy;

| 18. | Calls on the Commission to help monitor compliance with human rights and communities' rights by European energy firms operating in developing countries, in particular by drawing up assessment reports; |
| --- | --- |

18.

Calls on the Commission to help monitor compliance with human rights and communities' rights by European energy firms operating in developing countries, in particular by drawing up assessment reports;

| 19. | Calls on the Commission to consider giving support to ongoing efforts within the Global Sustainable Energy Islands Initiative (GSEII) to help some of the world's small island states to shift from using fossil fuels to renewable energy; such a project could serve as a perfect demonstration that it is indeed possible for nations to replace fossil fuels with renewable energy; |
| --- | --- |

19.

Calls on the Commission to consider giving support to ongoing efforts within the Global Sustainable Energy Islands Initiative (GSEII) to help some of the world's small island states to shift from using fossil fuels to renewable energy; such a project could serve as a perfect demonstration that it is indeed possible for nations to replace fossil fuels with renewable energy;

| 20. | Calls on the Commission substantially to increase Community expenditure on research and development in the energy sector and to give primary importance to energy efficiency and renewable energy; underlines in this context the importance of strengthening networks between energy research institutions in the EU and the developing countries; stresses the significance of know-how transfer, which goes beyond technology transfer as such and includes both training and the generation of expertise; |
| --- | --- |

20.

Calls on the Commission substantially to increase Community expenditure on research and development in the energy sector and to give primary importance to energy efficiency and renewable energy; underlines in this context the importance of strengthening networks between energy research institutions in the EU and the developing countries; stresses the significance of know-how transfer, which goes beyond technology transfer as such and includes both training and the generation of expertise;

| 21. | Calls on the Commission to lend support to the proposal for the establishment of a World Energy Charter, as put forward by the German Advisory Council on Global Change, the main objective of which would be energy policy-making for sustainable development at global level; |
| --- | --- |

21.

Calls on the Commission to lend support to the proposal for the establishment of a World Energy Charter, as put forward by the German Advisory Council on Global Change, the main objective of which would be energy policy-making for sustainable development at global level;

| 22. | Calls on the Commission and the Council to establish binding environment and climate-related criteria for all grant-based assistance in the energy sector as well as for action taken within the EIB and national export credit agencies (ECAs) so as to promote investment in forms of sustainable energy; calls on the Commission and the Council to initiate negotiations with national ECAs to oblige them to introduce an energy portfolio target of at least 20% in support of sustainable energy projects; |
| --- | --- |

22.

Calls on the Commission and the Council to establish binding environment and climate-related criteria for all grant-based assistance in the energy sector as well as for action taken within the EIB and national export credit agencies (ECAs) so as to promote investment in forms of sustainable energy; calls on the Commission and the Council to initiate negotiations with national ECAs to oblige them to introduce an energy portfolio target of at least 20% in support of sustainable energy projects;

| 23. | Calls on the Commission to review deregulation of the energy sector from a human development perspective and to work towards international trade norms which respect human rights and international law; |
| --- | --- |

23.

Calls on the Commission to review deregulation of the energy sector from a human development perspective and to work towards international trade norms which respect human rights and international law;

| 24. | Calls on the Commission to address energy issues, including those relating to renewable energy and energy efficiency, in ongoing discussions on international development targets and indicators; |
| --- | --- |

24.

Calls on the Commission to address energy issues, including those relating to renewable energy and energy efficiency, in ongoing discussions on international development targets and indicators;

| 25. | Calls on the Commission to develop the closest possible cooperation with other important initiatives aiming at energy cooperation with developing countries, such as the Global Energy Village Initiative, so as to avoid duplication and ensure a maximum level of complementarity; |
| --- | --- |

25.

Calls on the Commission to develop the closest possible cooperation with other important initiatives aiming at energy cooperation with developing countries, such as the Global Energy Village Initiative, so as to avoid duplication and ensure a maximum level of complementarity;

| 26. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

26.

Instructs its President to forward this resolution to the Council and the Commission.

---

(1)  OJ C 78, 2.4.2002, p. 35.

(2)  OJ L 288, 15.11.2000, p. 1.

P5_TA(2003)0295

Conservation and protection of the marine environment

European Parliament resolution on the Commission communication: ‘Towards a strategy to protect and conserve the marine environment’ (COM(2002) 539 — C5-0155/2003 — 2003/2065(INI))

The European Parliament,

| — | having regard to the Commission's communication to the Council and the European Parliament entitled ‘Towards a strategy to protect and conserve the marine environment’ (COM(2002) 539 - C5-0155/2003), |
| --- | --- |

—

having regard to the Commission's communication to the Council and the European Parliament entitled ‘Towards a strategy to protect and conserve the marine environment’ (COM(2002) 539 - C5-0155/2003),

| — | having regard to European Parliament and Council Decision No 1600/2002/EC (1) of 22 July 2002, laying down the Sixth Community Environment Action Programme which:






  — | determines the multiple pressures that come from different human economic activities, |
| --- | --- | --- |

—

having regard to European Parliament and Council Decision No 1600/2002/EC (1) of 22 July 2002, laying down the Sixth Community Environment Action Programme which:

—

determines the multiple pressures that come from different human economic activities,

| — | indicates the priority of actions towards further protection of marine areas and a better integration of environmental concerns in other Community policies, |
| --- | --- |

—

indicates the priority of actions towards further protection of marine areas and a better integration of environmental concerns in other Community policies,

| — | calls for the development of a strategy for marine protection, |
| --- | --- |

—

calls for the development of a strategy for marine protection,

| — | having regard to the commitments included in the plan of implementation from the World Summit on Sustainable Development (WSSD) in Johannesburg to:






  — | halt the loss of biodiversity and encourage the application of the ecosystem approach by 2010, |
| --- | --- | --- |

—

having regard to the commitments included in the plan of implementation from the World Summit on Sustainable Development (WSSD) in Johannesburg to:

—

halt the loss of biodiversity and encourage the application of the ecosystem approach by 2010,

| — | achieve sustainable fisheries, |
| --- | --- |

—

achieve sustainable fisheries,

| — | implement the Global Programme of Action for the Protection of the Marine Environment from land-based activities and the Montreal Declaration on the Protection of the Marine Environment from land-based activities, |
| --- | --- |

—

implement the Global Programme of Action for the Protection of the Marine Environment from land-based activities and the Montreal Declaration on the Protection of the Marine Environment from land-based activities,

| — | improve the scientific understanding and assessment of marine and coastal systems, |
| --- | --- |

—

improve the scientific understanding and assessment of marine and coastal systems,

| — | having regard to the importance for the marine environment in the Göteborg European Council conclusions, International Conventions and Protocols, |
| --- | --- |

—

having regard to the importance for the marine environment in the Göteborg European Council conclusions, International Conventions and Protocols,

| — | having regard to the Oslo-Paris Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR), which regulates in an integrated fashion the discharge of substances into the sea from land and offshore installations, |
| --- | --- |

—

having regard to the Oslo-Paris Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR), which regulates in an integrated fashion the discharge of substances into the sea from land and offshore installations,

| — | 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 the Environment, Public Health and Consumer Policy and the opinion of the Committee on Fisheries (A5-0158/2003), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Fisheries (A5-0158/2003),

| A. | whereas the protection of the marine environment and, in particular, the conservation of its biodiversity is a cross-cutting global issue, which was also confirmed at the WSSD in Johannesburg in September 2002, |
| --- | --- |

A.

whereas the protection of the marine environment and, in particular, the conservation of its biodiversity is a cross-cutting global issue, which was also confirmed at the WSSD in Johannesburg in September 2002,

| B. | whereas there is a need for greater EU activity in the field of marine protection, |
| --- | --- |

B.

whereas there is a need for greater EU activity in the field of marine protection,

| C. | whereas the political objectives of halting the decline of biodiversity before 2010 and promoting the sustainable use of the seas and protecting and conserving marine ecosystems, call for the implementation of coherent, coordinated and cost-effective measures to draw up inventories of natural habitats, wild fauna and flora in the European seas, |
| --- | --- |

C.

whereas the political objectives of halting the decline of biodiversity before 2010 and promoting the sustainable use of the seas and protecting and conserving marine ecosystems, call for the implementation of coherent, coordinated and cost-effective measures to draw up inventories of natural habitats, wild fauna and flora in the European seas,

| D. | whereas there is a need for proper coordination between the marine strategy and other policy areas such as the common fisheries policy, the common agricultural policy, the EU chemicals policy, regional policy and transport and all legislative and non-legislative initiatives with a direct bearing on the marine environment, as is the case with coastal policy; whereas the relationship of existing practices, for example insurance practices, to the marine strategy should likewise be studied, |
| --- | --- |

D.

whereas there is a need for proper coordination between the marine strategy and other policy areas such as the common fisheries policy, the common agricultural policy, the EU chemicals policy, regional policy and transport and all legislative and non-legislative initiatives with a direct bearing on the marine environment, as is the case with coastal policy; whereas the relationship of existing practices, for example insurance practices, to the marine strategy should likewise be studied,

| E. | whereas there is a need for a far greater integration of environmental protection issues in the policy making and management of all sectors so as to secure biodiversity in European marine waters; whereas crossborder environmental impact assessments are an important tool, particularly for the protection of the sea, |
| --- | --- |

E.

whereas there is a need for a far greater integration of environmental protection issues in the policy making and management of all sectors so as to secure biodiversity in European marine waters; whereas crossborder environmental impact assessments are an important tool, particularly for the protection of the sea,

| F. | whereas environmental impact assessment and strategic environmental assessment are recommended as tools designed to improve the quality and coherence of the development process of activities, plans, programmes and policies, |
| --- | --- |

F.

whereas environmental impact assessment and strategic environmental assessment are recommended as tools designed to improve the quality and coherence of the development process of activities, plans, programmes and policies,

| G. | whereas, given the recent experience with the Prestige and the slow follow-up of the necessary actions after the Erica accident, the proposed Objective 9 in relation to maritime transport and maritime safety is too weak and should be strengthened, |
| --- | --- |

G.

whereas, given the recent experience with the Prestige and the slow follow-up of the necessary actions after the Erica accident, the proposed Objective 9 in relation to maritime transport and maritime safety is too weak and should be strengthened,

| H. | whereas in the European Union there are certain particularly vulnerable sea areas, such as the Baltic, where an accident, were it to occur, would be extremely destructive and it is uncertain whether the environment could ever recover from such an impact, |
| --- | --- |

H.

whereas in the European Union there are certain particularly vulnerable sea areas, such as the Baltic, where an accident, were it to occur, would be extremely destructive and it is uncertain whether the environment could ever recover from such an impact,

| I. | taking into account that, as pointed out in section 3(30), many of the problems being experienced at present in the marine environment are the result of a sectoral, geographically-variable range of policies and legislation for marine protection both within EU waters and globally, |
| --- | --- |

I.

taking into account that, as pointed out in section 3(30), many of the problems being experienced at present in the marine environment are the result of a sectoral, geographically-variable range of policies and legislation for marine protection both within EU waters and globally,

| J. | underlining that a large number of problems have yet to be fully addressed and major threats still persist regarding European seas, in some cases to the extent that their structure and function is being jeopardised, |
| --- | --- |

J.

underlining that a large number of problems have yet to be fully addressed and major threats still persist regarding European seas, in some cases to the extent that their structure and function is being jeopardised,

| K. | whereas the enlargement process will increase the sea area and thereby bring greater biodiversity, the protection of which will require new and more concerted efforts on the part of the individual Member States and the European Union as a whole, |
| --- | --- |

K.

whereas the enlargement process will increase the sea area and thereby bring greater biodiversity, the protection of which will require new and more concerted efforts on the part of the individual Member States and the European Union as a whole,

| L. | whereas in the strategy's ‘way forward’ [section 6(70)], the only underlying principle mentioned is the ‘ecosystem approach’, although there is a need to include the ‘precautionary principle’, the ‘polluter-pays principle’ and sustainable development more emphatically in the strategy, |
| --- | --- |

L.

whereas in the strategy's ‘way forward’ [section 6(70)], the only underlying principle mentioned is the ‘ecosystem approach’, although there is a need to include the ‘precautionary principle’, the ‘polluter-pays principle’ and sustainable development more emphatically in the strategy,

| M. | whereas the issue of enforcement in the marine environment [section 5(66)] has always been problematic and therefore is a key issue to address as part of the strategy, |
| --- | --- |

M.

whereas the issue of enforcement in the marine environment [section 5(66)] has always been problematic and therefore is a key issue to address as part of the strategy,

| N. | whereas existing monitoring and assessment programmes and the knowledge they have generated reveal a significant number of information gaps on the state of the marine environment, on the processes taking place in the marine ecosystem and on the effectiveness of the existing environmental protection measures, |
| --- | --- |

N.

whereas existing monitoring and assessment programmes and the knowledge they have generated reveal a significant number of information gaps on the state of the marine environment, on the processes taking place in the marine ecosystem and on the effectiveness of the existing environmental protection measures,

| O. | whereas some marine ecosystems are in a critical state, and whereas in particular posidonia oceanica beds are rapidly disappearing from large areas of Community waters, |
| --- | --- |

O.

whereas some marine ecosystems are in a critical state, and whereas in particular posidonia oceanica beds are rapidly disappearing from large areas of Community waters,

| 1. | Welcomes the Commission communication ‘Towards a strategy to protect and conserve the marine environment’ and supports the need for a coherent, harmonised European Marine Strategy; notes that although the objectives are of an aspirational nature, some are not sufficiently ambitious in respect of the time frame established, or the precision of the objective to be reached; |
| --- | --- |

1.

Welcomes the Commission communication ‘Towards a strategy to protect and conserve the marine environment’ and supports the need for a coherent, harmonised European Marine Strategy; notes that although the objectives are of an aspirational nature, some are not sufficiently ambitious in respect of the time frame established, or the precision of the objective to be reached;

| 2. | Considers that the lack of a complete information base must not be used as a pretext to prevent appropriate precautionary action in particular where there is clear evidence of a significant decline in biodiversity [section 4.1 (50-57)]; believes that the precautionary approach should play a key role, that preventive action should be taken, that environmental damage should, as a priority, be remedied and that the ’polluter-pays principle’ should apply; |
| --- | --- |

2.

Considers that the lack of a complete information base must not be used as a pretext to prevent appropriate precautionary action in particular where there is clear evidence of a significant decline in biodiversity [section 4.1 (50-57)]; believes that the precautionary approach should play a key role, that preventive action should be taken, that environmental damage should, as a priority, be remedied and that the ’polluter-pays principle’ should apply;

| 3. | Requests the Commission to bring forward, as soon as possible, a thematic strategy on the marine environment, based on the following elements:






  — | the ‘precautionary principle’, including the evaluation of long-term effects of policies and actions, in line with Article 6 of the Treaty; |
| --- | --- | --- |

3.

Requests the Commission to bring forward, as soon as possible, a thematic strategy on the marine environment, based on the following elements:

—

the ‘precautionary principle’, including the evaluation of long-term effects of policies and actions, in line with Article 6 of the Treaty;

| — | the concept of sustainability, including establishing benchmarks for protection and conservation objectives as well as for action targets; |
| --- | --- |

—

the concept of sustainability, including establishing benchmarks for protection and conservation objectives as well as for action targets;

| — | a Strategic Environmental Assessment (SEA), in order to integrate environmental and biodiversity considerations into mainstream decision-making; |
| --- | --- |

—

a Strategic Environmental Assessment (SEA), in order to integrate environmental and biodiversity considerations into mainstream decision-making;

| — | an integrated approach to address threats caused by all human activities affecting the marine environment and a careful assessment of their impact on this environment and the mutual influence and dependency of such impacts; |
| --- | --- |

—

an integrated approach to address threats caused by all human activities affecting the marine environment and a careful assessment of their impact on this environment and the mutual influence and dependency of such impacts;

| — | an integrated approach regarding coastal and offshore marine management; |
| --- | --- |

—

an integrated approach regarding coastal and offshore marine management;

| — | a regional approach taking into account regional diversities on ecological characteristics, threats as well as socio-economic aspects; |
| --- | --- |

—

a regional approach taking into account regional diversities on ecological characteristics, threats as well as socio-economic aspects;

| — | strategic marine spatial planning for the regional seas covering the whole of the EU continental shelf, which would introduce a plan-led approach to the sectoral decision-making systems; |
| --- | --- |

—

strategic marine spatial planning for the regional seas covering the whole of the EU continental shelf, which would introduce a plan-led approach to the sectoral decision-making systems;

| 4. | Does not share the Commission's views that ‘evaluating and managing the long-term consequences of current and future practices on other sectors and on the marine environment, even without full knowledge, will be equivalent to adopting an ecosystem-based approach on the precautionary principle’ [section 1(8)]; is of the opinion that the communication should refer to the definition of an ecosystem-based approach which should build from existing appropriate initiatives such as EU Directives, the Bergen Declaration, mandates under OSPAR, Helcom and ICES (International Council for the Exploration of the Sea) on ecological quality objectives and work in the Baltic framework under Agenda 21; |
| --- | --- |

4.

Does not share the Commission's views that ‘evaluating and managing the long-term consequences of current and future practices on other sectors and on the marine environment, even without full knowledge, will be equivalent to adopting an ecosystem-based approach on the precautionary principle’ [section 1(8)]; is of the opinion that the communication should refer to the definition of an ecosystem-based approach which should build from existing appropriate initiatives such as EU Directives, the Bergen Declaration, mandates under OSPAR, Helcom and ICES (International Council for the Exploration of the Sea) on ecological quality objectives and work in the Baltic framework under Agenda 21;

| 5. | Asks the EU and its Member States to ratify as soon as possible the regional and international conventions and agreements that have not been ratified so far; |
| --- | --- |

5.

Asks the EU and its Member States to ratify as soon as possible the regional and international conventions and agreements that have not been ratified so far;

| 6. | Asks the Commission to take greater advantage of the regional options available under Unclos (United Nations Convention on the Law of the Sea) in order to act regionally in tackling threats to its marine environment (e.g. in the fields of air pollution, marine safety and climate change); |
| --- | --- |

6.

Asks the Commission to take greater advantage of the regional options available under Unclos (United Nations Convention on the Law of the Sea) in order to act regionally in tackling threats to its marine environment (e.g. in the fields of air pollution, marine safety and climate change);

| 7. | Calls on the EU to accelerate negotiations with the International Maritime Organisation (IMO) with a view to the recognition of particularly sensitive sea areas within the EU; |
| --- | --- |

7.

Calls on the EU to accelerate negotiations with the International Maritime Organisation (IMO) with a view to the recognition of particularly sensitive sea areas within the EU;

| 8. | Calls on the EU to take the decision to join the Arctic Council, whose current members are the USA, Canada, Iceland, Norway and Russia and, among the EU Member States, Denmark, Sweden and Finland; considers that if the EU were a member of the Arctic Council, this would promote a shared Euro-Atlantic understanding of environmental problems and give the EU a significant forum for, inter alia, the ecological protection of nature in the northern seas; |
| --- | --- |

8.

Calls on the EU to take the decision to join the Arctic Council, whose current members are the USA, Canada, Iceland, Norway and Russia and, among the EU Member States, Denmark, Sweden and Finland; considers that if the EU were a member of the Arctic Council, this would promote a shared Euro-Atlantic understanding of environmental problems and give the EU a significant forum for, inter alia, the ecological protection of nature in the northern seas;

| 9. | Urges the European Union to develop without delay agreements with third countries with a view to adopting more uniform and strict standards regarding the suitability of the classification of merchant vessels, so as to improve the safety of vessels sailing through EU waters; |
| --- | --- |

9.

Urges the European Union to develop without delay agreements with third countries with a view to adopting more uniform and strict standards regarding the suitability of the classification of merchant vessels, so as to improve the safety of vessels sailing through EU waters;

| 10. | Welcomes further work on sustainable fisheries, fisheries management and the effects of fisheries on the wider marine environment; urges the Commission and the Council to make immediate use of the new possibilities for action included in the reform of the Common Fisheries Policy agreed in December 2002; supports further work on the interaction of fisheries with seabirds and considers that inventories and mapping [section 4.1(49)] will be critical in achieving effective integration of sectoral interests through marine spatial planning; |
| --- | --- |

10.

Welcomes further work on sustainable fisheries, fisheries management and the effects of fisheries on the wider marine environment; urges the Commission and the Council to make immediate use of the new possibilities for action included in the reform of the Common Fisheries Policy agreed in December 2002; supports further work on the interaction of fisheries with seabirds and considers that inventories and mapping [section 4.1(49)] will be critical in achieving effective integration of sectoral interests through marine spatial planning;

| 11. | Recommends that fisheries and their environmental impact should be examined in more detail by the strategy, as fishing is the single most influential human activity for marine ecosystems, and overfishing is the principal factor that causes damage to the ecosystems upon which fisheries and other marine flora and fauna depend; believes, therefore, that the balance between fish stocks, fishing effort and the marine environment must be restored; |
| --- | --- |

11.

Recommends that fisheries and their environmental impact should be examined in more detail by the strategy, as fishing is the single most influential human activity for marine ecosystems, and overfishing is the principal factor that causes damage to the ecosystems upon which fisheries and other marine flora and fauna depend; believes, therefore, that the balance between fish stocks, fishing effort and the marine environment must be restored;

| 12. | Concurs with the analysis that overfishing is a common problem worldwide, resulting in depleted fish stocks, threats to species such as other fish, sharks, birds, marine mammals and turtles, damage to the marine habitat and threats to jobs linked to, or deriving from, fishing; |
| --- | --- |

12.

Concurs with the analysis that overfishing is a common problem worldwide, resulting in depleted fish stocks, threats to species such as other fish, sharks, birds, marine mammals and turtles, damage to the marine habitat and threats to jobs linked to, or deriving from, fishing;

| 13. | Recognises that overfishing is but one of the serious threats that harm the marine environment, but considers that it is one of the most important to deal with rapidly and effectively if fish stocks are to recover and be maintained, as appropriate, so as to provide hope for coastal communities; |
| --- | --- |

13.

Recognises that overfishing is but one of the serious threats that harm the marine environment, but considers that it is one of the most important to deal with rapidly and effectively if fish stocks are to recover and be maintained, as appropriate, so as to provide hope for coastal communities;

| 14. | Calls for the maximum sustainable yield to be defined in terms of stock sustainability rather than economic sustainability; |
| --- | --- |

14.

Calls for the maximum sustainable yield to be defined in terms of stock sustainability rather than economic sustainability;

| 15. | Notes that fish from around the world is available in the Community, either caught by EU-flagged vessels or obtained on the international market, thereby giving the Community a significant responsibility for the impact of fishing; calls upon the Council and the Commission to take the necessary action to conserve fish stocks both on the high seas and in the waters of third countries; |
| --- | --- |

15.

Notes that fish from around the world is available in the Community, either caught by EU-flagged vessels or obtained on the international market, thereby giving the Community a significant responsibility for the impact of fishing; calls upon the Council and the Commission to take the necessary action to conserve fish stocks both on the high seas and in the waters of third countries;

| 16. | Considers that in order to improve the knowledge base to which the communication refers in relation to surveys, science, monitoring and decision-making and so as to reach the ambitious targets set out in this strategy, more technical, financial and human resources need to be made available; |
| --- | --- |

16.

Considers that in order to improve the knowledge base to which the communication refers in relation to surveys, science, monitoring and decision-making and so as to reach the ambitious targets set out in this strategy, more technical, financial and human resources need to be made available;

| 17. | Regrets that the control measures of the marine conventions aimed at protecting the marine environment are difficult to enforce and asks the Commission to put more emphasis on implementation, reporting and uniform enforcement of current regulations, and to seek the earliest possible review of these old conventions, under which the sea is ‘everybody's right but nobody's responsibility’; in parallel, when drafting future regulations, more attention should be given to incorporating effective enforceability mechanisms [section 8.1(80)]; |
| --- | --- |

17.

Regrets that the control measures of the marine conventions aimed at protecting the marine environment are difficult to enforce and asks the Commission to put more emphasis on implementation, reporting and uniform enforcement of current regulations, and to seek the earliest possible review of these old conventions, under which the sea is ‘everybody's right but nobody's responsibility’; in parallel, when drafting future regulations, more attention should be given to incorporating effective enforceability mechanisms [section 8.1(80)];

| 18. | Considers that stakeholder involvement, public participation and dialogue are essential in the fulfilment of the objectives on biodiversity and sustainable use of marine resources, including the further development of the marine strategy; |
| --- | --- |

18.

Considers that stakeholder involvement, public participation and dialogue are essential in the fulfilment of the objectives on biodiversity and sustainable use of marine resources, including the further development of the marine strategy;

| 19. | Expresses its concern that Action 2 appears to limit the Commission to the Natura 2000 network as the only tool to protect biodiversity and considers that the protection and conservation aspect of this communication should be put beyond the limits of the Natura 2000 network, which is restricted to the marine environment; suggests, accordingly, that the Commission draw up specific plans and programmes to solve practical problems or to ensure the recovery of particularly important species, such as posidonia oceanica, and ecosystems which are currently under serious threat; |
| --- | --- |

19.

Expresses its concern that Action 2 appears to limit the Commission to the Natura 2000 network as the only tool to protect biodiversity and considers that the protection and conservation aspect of this communication should be put beyond the limits of the Natura 2000 network, which is restricted to the marine environment; suggests, accordingly, that the Commission draw up specific plans and programmes to solve practical problems or to ensure the recovery of particularly important species, such as posidonia oceanica, and ecosystems which are currently under serious threat;

| 20. | Considers that the programme aimed at enhancing the protection of species and habitats in European waters (Action 2) should not be awaited until 2005 and that European action should contribute to the establishment of the network of marine protected areas called for by WSSD; other appropriate measures worthy of recognition would include the commitments to the establishment of a representative network of well-managed marine protected areas in the North Sea by 2010 (Bergen Declaration) and the North East Atlantic Ocean (including on the high seas) and Baltic Sea in the context of the OSPAR Convention and the Helsinki Convention on the Protection of the Marine Environment of the Baltic Sea Area (Helcom) (forthcoming Joint OSPAR/Helcom Ministerial Declaration); |
| --- | --- |

20.

Considers that the programme aimed at enhancing the protection of species and habitats in European waters (Action 2) should not be awaited until 2005 and that European action should contribute to the establishment of the network of marine protected areas called for by WSSD; other appropriate measures worthy of recognition would include the commitments to the establishment of a representative network of well-managed marine protected areas in the North Sea by 2010 (Bergen Declaration) and the North East Atlantic Ocean (including on the high seas) and Baltic Sea in the context of the OSPAR Convention and the Helsinki Convention on the Protection of the Marine Environment of the Baltic Sea Area (Helcom) (forthcoming Joint OSPAR/Helcom Ministerial Declaration);

| 21. | Considers that protection should be based on adequate surveys of underwater nature and that sufficient funding should be made available in EU programmes for this purpose; |
| --- | --- |

21.

Considers that protection should be based on adequate surveys of underwater nature and that sufficient funding should be made available in EU programmes for this purpose;

| 22. | Considers that, as Directive 92/43/EEC (2) lists certain marine species such as harbour porpoises and dolphins for special protection, then immediate measures should be taken to reduce the incidental killing in fisheries of such listed species, especially as this ‘bycatch’ is considered to be the most significant threat to populations of small cetaceans in EU waters; |
| --- | --- |

22.

Considers that, as Directive 92/43/EEC (2) lists certain marine species such as harbour porpoises and dolphins for special protection, then immediate measures should be taken to reduce the incidental killing in fisheries of such listed species, especially as this ‘bycatch’ is considered to be the most significant threat to populations of small cetaceans in EU waters;

| 23. | Stresses that in Objective 4 (hazardous substances) and in the related Actions (5 to 8) a clear time frame, in line with existing commitments, such as the cessation target of 2020 under the OSPAR Convention, should be included; |
| --- | --- |

23.

Stresses that in Objective 4 (hazardous substances) and in the related Actions (5 to 8) a clear time frame, in line with existing commitments, such as the cessation target of 2020 under the OSPAR Convention, should be included;

| 24. | Considers that the policy in relation to hazardous substances (Action 6) should also include consideration of the impact of pharmaceuticals and veterinary medicines in the marine environment and that there is a need to strengthen the language in this action to reflect the notion that integration is not merely a concept to be aimed for, but must be reached on a practical level; |
| --- | --- |

24.

Considers that the policy in relation to hazardous substances (Action 6) should also include consideration of the impact of pharmaceuticals and veterinary medicines in the marine environment and that there is a need to strengthen the language in this action to reflect the notion that integration is not merely a concept to be aimed for, but must be reached on a practical level;

| 25. | Expresses its concern at the fact that Action 9 deals solely with NOX emissions into the atmosphere from seagoing ships, and takes the view that the scope of this action should be broadened to include emissions of hazardous substances and other forms of nitrogenous substance; |
| --- | --- |

25.

Expresses its concern at the fact that Action 9 deals solely with NOX emissions into the atmosphere from seagoing ships, and takes the view that the scope of this action should be broadened to include emissions of hazardous substances and other forms of nitrogenous substance;

| 26. | Expresses the view that Objective 7 (chronic oil pollution) should also address the issue of oil making its way into the marine environment from land-based sources, from vessels tied up in port and from rivers running into the sea; maintains, furthermore, that all action taken in pursuit of this objective should focus in particular on floating pipelines, oil platforms and filling stations; |
| --- | --- |

26.

Expresses the view that Objective 7 (chronic oil pollution) should also address the issue of oil making its way into the marine environment from land-based sources, from vessels tied up in port and from rivers running into the sea; maintains, furthermore, that all action taken in pursuit of this objective should focus in particular on floating pipelines, oil platforms and filling stations;

| 27. | Considers that the Commission should initiate a survey of effective capacity for tackling oil spills in the EU's sea areas using uniform assessment methods and, if necessary, propose the adoption of rules or recommendations on minimum capacity for different sea areas, taking account of the particular conditions of the areas concerned and the volume of traffic in them; |
| --- | --- |

27.

Considers that the Commission should initiate a survey of effective capacity for tackling oil spills in the EU's sea areas using uniform assessment methods and, if necessary, propose the adoption of rules or recommendations on minimum capacity for different sea areas, taking account of the particular conditions of the areas concerned and the volume of traffic in them;

| 28. | Supports, in the context of Objective 7 (Chronic Oil Pollution), the aims of OSPAR recommendation 2001/1 for the Management of Produced Water from Offshore Installations; |
| --- | --- |

28.

Supports, in the context of Objective 7 (Chronic Oil Pollution), the aims of OSPAR recommendation 2001/1 for the Management of Produced Water from Offshore Installations;

| 29. | Expresses the view that litter from land-based waste deposits should also be considered in Objective 8 and Action 13 when drawing up measures to reduce and prevent marine litter; |
| --- | --- |

29.

Expresses the view that litter from land-based waste deposits should also be considered in Objective 8 and Action 13 when drawing up measures to reduce and prevent marine litter;

| 30. | Stresses the need to apply and implement more strictly Directive 91/271/EEC (3) concerning urban waste-water treatment (measure 9), as the lack of checks on waste-water systems is a far from negligible cause of eutrophication of the sea in coastal areas; |
| --- | --- |

30.

Stresses the need to apply and implement more strictly Directive 91/271/EEC (3) concerning urban waste-water treatment (measure 9), as the lack of checks on waste-water systems is a far from negligible cause of eutrophication of the sea in coastal areas;

| 31. | Calls on the Commission to examine the more than 200 recommendations for improving the state of the Baltic made by Helcom, the Baltic Marine Environment Protection Commission, and if necessary, adopt rules which bind Member States to comply with these recommendations; considers that the Baltic, one of the most polluted seas in the world, should become a priority of the EU's environmental policy now that all the Baltic Sea coastal states except Russia are members of the EU; |
| --- | --- |

31.

Calls on the Commission to examine the more than 200 recommendations for improving the state of the Baltic made by Helcom, the Baltic Marine Environment Protection Commission, and if necessary, adopt rules which bind Member States to comply with these recommendations; considers that the Baltic, one of the most polluted seas in the world, should become a priority of the EU's environmental policy now that all the Baltic Sea coastal states except Russia are members of the EU;

| 32. | Asks the Commission to enforce the existing directives and regulations and to strengthen the safety of maritime transport in order to protect the marine environment, to consider the related issues of liability and sanctions and to fully implement without delay the conclusions of the Transport and Environment Councils in December 2002; |
| --- | --- |

32.

Asks the Commission to enforce the existing directives and regulations and to strengthen the safety of maritime transport in order to protect the marine environment, to consider the related issues of liability and sanctions and to fully implement without delay the conclusions of the Transport and Environment Councils in December 2002;

| 33. | Asks the Commission to initiate a review of the provisions of Unclos (Article 91(1)) that deal with the link between ships and their country of registration, in order to address the problems of ships registered under flags of convenience; |
| --- | --- |

33.

Asks the Commission to initiate a review of the provisions of Unclos (Article 91(1)) that deal with the link between ships and their country of registration, in order to address the problems of ships registered under flags of convenience;

| 34. | Welcomes the development of the ‘Clean Ship’ approach, which focuses on vessel design, construction and operation, in order to eliminate harmful discharges and emissions throughout a vessel's working life, addressing all vessel operations and possible impacts on the environment and involving recycling, waste prevention and closed-loop processes (Objective 9); |
| --- | --- |

34.

Welcomes the development of the ‘Clean Ship’ approach, which focuses on vessel design, construction and operation, in order to eliminate harmful discharges and emissions throughout a vessel's working life, addressing all vessel operations and possible impacts on the environment and involving recycling, waste prevention and closed-loop processes (Objective 9);

| 35. | Urges the Council and the Commission to make full and prompt use of the new opportunities to improve fisheries management that were included in the new Basic Regulation EC No 2371/2002 (4), agreed in the December 2002 Council meeting; |
| --- | --- |

35.

Urges the Council and the Commission to make full and prompt use of the new opportunities to improve fisheries management that were included in the new Basic Regulation EC No 2371/2002 (4), agreed in the December 2002 Council meeting;

| 36. | Instructs its President to forward this resolution to the Commission, the Council, the governments of the Member States and candidate states, and to all relevant marine authorities. |
| --- | --- |

36.

Instructs its President to forward this resolution to the Commission, the Council, the governments of the Member States and candidate states, and to all relevant marine authorities.

---

(1)  OJ L 242, 10.9.2002, p. 1.

(2)  OJ L 206, 22.7.1992, p. 7.

(3)  OJ L 135, 30.5.1991, p. 40.

(4)  OJ L 358, 31.12.2002, p. 59.

P5_TA(2003)0296

ISPA (2001)

European Parliament resolution on the Commission's annual report on the Instrument for structural policy for pre-accession (ISPA) 2001 (COM(2002) 596 — C5-0025/2003 — 2003/2021(INI))

The European Parliament,

| — | having regard to the Commission report (COM(2002) 596 — C5-0025/2003), |
| --- | --- |

—

having regard to the Commission report (COM(2002) 596 — C5-0025/2003),

| — | having regard to Rule 47(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 47(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the Committee on Women's Rights and Equal Opportunities (A5-0199/2003), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the Committee on Women's Rights and Equal Opportunities (A5-0199/2003),

| A. | whereas enlargement is no longer just a prospect or a challenge but a reality with which the EU and the new Member States will have to come to terms extremely quickly, |
| --- | --- |

A.

whereas enlargement is no longer just a prospect or a challenge but a reality with which the EU and the new Member States will have to come to terms extremely quickly,

| B. | whereas virtually all the applicant countries are still way behind with the task of creating the administrative apparatus needed for the purpose of administering Community funds, |
| --- | --- |

B.

whereas virtually all the applicant countries are still way behind with the task of creating the administrative apparatus needed for the purpose of administering Community funds,

| C. | whereas the general public's democratic support for the enlargement process depends directly upon the perceived transparency and sound administration of the process, |
| --- | --- |

C.

whereas the general public's democratic support for the enlargement process depends directly upon the perceived transparency and sound administration of the process,

| D. | whereas at the end of 2001 payments (almost exclusively in the form of advances) in respect of ISPA projects amounted to virtually EUR 200 million, i.e. less than 20% of the funds committed, |
| --- | --- |

D.

whereas at the end of 2001 payments (almost exclusively in the form of advances) in respect of ISPA projects amounted to virtually EUR 200 million, i.e. less than 20% of the funds committed,

| 1. | Welcomes the Commission's annual report on ISPA fund management for 2001; |
| --- | --- |

1.

Welcomes the Commission's annual report on ISPA fund management for 2001;

| 2. | Notes with satisfaction the corrections which (partly in response to Parliament's requests) the Commission has made regarding various points relating to ISPA management in 2000; also notes that, by comparison with the 2000 programming year, there was a major increase in the funding allocated to ISPA projects following approval of a significant number of such projects; |
| --- | --- |

2.

Notes with satisfaction the corrections which (partly in response to Parliament's requests) the Commission has made regarding various points relating to ISPA management in 2000; also notes that, by comparison with the 2000 programming year, there was a major increase in the funding allocated to ISPA projects following approval of a significant number of such projects;

| 3. | Welcomes the high level of attention which the Commission is paying to the analysis of financial control in the candidate countries, and supports the proposals for further improvements referred to in the ISPA annual report; |
| --- | --- |

3.

Welcomes the high level of attention which the Commission is paying to the analysis of financial control in the candidate countries, and supports the proposals for further improvements referred to in the ISPA annual report;

| 4. | Hopes that the Commission will be able to ensure that a financial and procedural monitoring scheme is swiftly introduced, so that information can be provided in respect of individual projects, as well as by sector and by Member State concerned; |
| --- | --- |

4.

Hopes that the Commission will be able to ensure that a financial and procedural monitoring scheme is swiftly introduced, so that information can be provided in respect of individual projects, as well as by sector and by Member State concerned;

| 5. | Notes the teething problems affecting management of the ISPA — a programme which, although required to follow strict Community procedures, has had to be adapted to suit the radically different circumstances of the new Member States; |
| --- | --- |

5.

Notes the teething problems affecting management of the ISPA — a programme which, although required to follow strict Community procedures, has had to be adapted to suit the radically different circumstances of the new Member States;

| 6. | Notes with concern the comments relating to the persistent problems encountered in the fund commitment procedures and finds it disturbing that, with regard to ISPA fund management, the Commission continues to take a cautious and rather uneasy view of the inadequacy of the applicant countries' administrative structures and the lack of preparation on the part of the staff responsible for fund management; |
| --- | --- |

6.

Notes with concern the comments relating to the persistent problems encountered in the fund commitment procedures and finds it disturbing that, with regard to ISPA fund management, the Commission continues to take a cautious and rather uneasy view of the inadequacy of the applicant countries' administrative structures and the lack of preparation on the part of the staff responsible for fund management;

| 7. | Points out that payments relating to project implementation are modest in the extreme and virtually always take the form of (mainly very small) advances; |
| --- | --- |

7.

Points out that payments relating to project implementation are modest in the extreme and virtually always take the form of (mainly very small) advances;

| 8. | Highlights the problem (which is likely to become a serious one as enlargement approaches) of the ability of the future Member States to absorb Community funds; calls upon the Commission to press, in negotiations, for administrative capacity to be preserved and strengthened and for coordination to be ensured between the specialist administrative services in the applicant countries; |
| --- | --- |

8.

Highlights the problem (which is likely to become a serious one as enlargement approaches) of the ability of the future Member States to absorb Community funds; calls upon the Commission to press, in negotiations, for administrative capacity to be preserved and strengthened and for coordination to be ensured between the specialist administrative services in the applicant countries;

| 9. | Is concerned at the fact that such difficulties appear to stem in virtually all cases from the inefficiency of the applicant countries' administrative structures or from those countries' lack of familiarity with Community procedures; calls upon the Commission to use the assistance for improving administration in such a way as to strengthen the decentralised structures, build up experience with partnership mechanisms and improve tendering procedure mechanisms; |
| --- | --- |

9.

Is concerned at the fact that such difficulties appear to stem in virtually all cases from the inefficiency of the applicant countries' administrative structures or from those countries' lack of familiarity with Community procedures; calls upon the Commission to use the assistance for improving administration in such a way as to strengthen the decentralised structures, build up experience with partnership mechanisms and improve tendering procedure mechanisms;

| 10. | Believes that the Commission is right to ask for additional staff to work on training assignments with the administrations in the new Member States, with a view to meeting administrative and management requirements; |
| --- | --- |

10.

Believes that the Commission is right to ask for additional staff to work on training assignments with the administrations in the new Member States, with a view to meeting administrative and management requirements;

| 11. | Is aware that the response to such problems should be in strict compliance with the relevant Community procedures relating in particular to internal auditing (still deficient), to bodies responsible for carrying out checks and to accounting systems; |
| --- | --- |

11.

Is aware that the response to such problems should be in strict compliance with the relevant Community procedures relating in particular to internal auditing (still deficient), to bodies responsible for carrying out checks and to accounting systems;

| 12. | Urges maximum simplification of the ISPA management procedures in accordance with the general principle that any stage in the bureaucratic process which is not essential to project implementation should be dispensed with; |
| --- | --- |

12.

Urges maximum simplification of the ISPA management procedures in accordance with the general principle that any stage in the bureaucratic process which is not essential to project implementation should be dispensed with;

| 13. | Calls upon the Commission to draw up, in connection with the ISPA budgets for the next few years, realistic spending programmes which are compatible with the applicant counties' actual ability to absorb funds, partly in order to prevent an uncontrolled increase in funds which are committed but not used; |
| --- | --- |

13.

Calls upon the Commission to draw up, in connection with the ISPA budgets for the next few years, realistic spending programmes which are compatible with the applicant counties' actual ability to absorb funds, partly in order to prevent an uncontrolled increase in funds which are committed but not used;

| 14. | Considers it crucial in this connection that the Commission should ensure that the IPSA participating countries provide their proper share of co-funding for projects; |
| --- | --- |

14.

Considers it crucial in this connection that the Commission should ensure that the IPSA participating countries provide their proper share of co-funding for projects;

| 15. | Welcomes the recourse to forms of partnership with international financial bodies (EIB, EBRD, Nordic Investment Bank) as a source of co-funding for ISPA projects, not least on account of the fact that such bodies are able to share their experience of cross-border project management; |
| --- | --- |

15.

Welcomes the recourse to forms of partnership with international financial bodies (EIB, EBRD, Nordic Investment Bank) as a source of co-funding for ISPA projects, not least on account of the fact that such bodies are able to share their experience of cross-border project management;

| 16. | Calls upon the Commission to make every effort to secure maximum involvement on the part of private forces and funds, so that the Community contribution can genuinely constitute ‘value added’ to the action taken by the individual Member States and act as a catalyst capable of generating development; |
| --- | --- |

16.

Calls upon the Commission to make every effort to secure maximum involvement on the part of private forces and funds, so that the Community contribution can genuinely constitute ‘value added’ to the action taken by the individual Member States and act as a catalyst capable of generating development;

| 17. | Calls upon the Commission to do its utmost to guard against the danger that public-private partnerships, although necessary and to be welcomed, may lead to irregularities or to the illegal funding of private companies; |
| --- | --- |

17.

Calls upon the Commission to do its utmost to guard against the danger that public-private partnerships, although necessary and to be welcomed, may lead to irregularities or to the illegal funding of private companies;

| 18. | Regrets the lack of data and figures relating to technical assistance projects and to the impact and the results thereof, and considers this aspect of the ISPA to be of strategic importance as enlargement approaches; |
| --- | --- |

18.

Regrets the lack of data and figures relating to technical assistance projects and to the impact and the results thereof, and considers this aspect of the ISPA to be of strategic importance as enlargement approaches;

| 19. | Calls upon the Commission in the immediate future to make every effort to implement technical assistance projects, in the firm belief that skills at that level are essential to the future management of Community funds; |
| --- | --- |

19.

Calls upon the Commission in the immediate future to make every effort to implement technical assistance projects, in the firm belief that skills at that level are essential to the future management of Community funds;

| 20. | Firmly supports the Commission's efforts to ensure, in connection with all ISPA projects, that the applicant countries carry out environmental impact assessment, since it considers such assessment to be an essential universal feature of Community fund-management ‘culture’ which the new Member States must adopt without fail; |
| --- | --- |

20.

Firmly supports the Commission's efforts to ensure, in connection with all ISPA projects, that the applicant countries carry out environmental impact assessment, since it considers such assessment to be an essential universal feature of Community fund-management ‘culture’ which the new Member States must adopt without fail;

| 21. | Acknowledges the criticism of Council Regulation (EC) No 1267/1999 of 21 June 1999 establishing an Instrument for Structural Policies for Pre-accession (1), by local authorities and regions from the candidate countries, to the effect that now in the second phase the only sensible way to use appropriations in the environmental field efficiently appears to be by grouping smaller projects together; welcomes the fact that the Commission has already reacted to this and calls on it to give greater encouragement to the grouping of projects in order to make it possible to network the planning, economy, efficiency and sustainability of projects; |
| --- | --- |

21.

Acknowledges the criticism of Council Regulation (EC) No 1267/1999 of 21 June 1999 establishing an Instrument for Structural Policies for Pre-accession (1), by local authorities and regions from the candidate countries, to the effect that now in the second phase the only sensible way to use appropriations in the environmental field efficiently appears to be by grouping smaller projects together; welcomes the fact that the Commission has already reacted to this and calls on it to give greater encouragement to the grouping of projects in order to make it possible to network the planning, economy, efficiency and sustainability of projects;

| 22. | Notes that the balance between expenditure on transport projects and environmental projects has improved, but that, in the field of transport, the pan-European networking of rail transport must still be given more consideration in line with the EU's priorities; |
| --- | --- |

22.

Notes that the balance between expenditure on transport projects and environmental projects has improved, but that, in the field of transport, the pan-European networking of rail transport must still be given more consideration in line with the EU's priorities;

| 23. | Calls for consideration to be given in future to the merits of devising procedures which will prevent such a slow start to programme management at the opening stages of the programming period; |
| --- | --- |

23.

Calls for consideration to be given in future to the merits of devising procedures which will prevent such a slow start to programme management at the opening stages of the programming period;

| 24. | Calls once again (not only in connection with ISPA projects) for the quality of expenditure to be closely assessed and for the inherent value of individual projects to be considered, this being Parliament's main parameter for judging the effectiveness of the entire programme; |
| --- | --- |

24.

Calls once again (not only in connection with ISPA projects) for the quality of expenditure to be closely assessed and for the inherent value of individual projects to be considered, this being Parliament's main parameter for judging the effectiveness of the entire programme;

| 25. | Wishes to highlight the crucial importance of integrating a gender perspective in all ISPA programmes, as well as in the PHARE and the Sapard programmes; |
| --- | --- |

25.

Wishes to highlight the crucial importance of integrating a gender perspective in all ISPA programmes, as well as in the PHARE and the Sapard programmes;

| 26. | Stresses that the Structural Funds are the main EU tools for re-distribution of resources between regions and between different groups in the population; as such, the Structural Funds can be viewed as key instruments to achieve the Community goal of equality between women and men established in the Treaty; the Instrument for Structural Policies for Pre-Accession (ISPA) should be viewed in exactly the same way; |
| --- | --- |

26.

Stresses that the Structural Funds are the main EU tools for re-distribution of resources between regions and between different groups in the population; as such, the Structural Funds can be viewed as key instruments to achieve the Community goal of equality between women and men established in the Treaty; the Instrument for Structural Policies for Pre-Accession (ISPA) should be viewed in exactly the same way;

| 27. | Emphasises that the Structural Funds' regulations identify gender mainstreaming, besides specific gender equality actions, as the principal means of achieving the gender equality objectives, and that this should be equally important in the ISPA instrument, as well as in the PHARE and the Sapard programmes; |
| --- | --- |

27.

Emphasises that the Structural Funds' regulations identify gender mainstreaming, besides specific gender equality actions, as the principal means of achieving the gender equality objectives, and that this should be equally important in the ISPA instrument, as well as in the PHARE and the Sapard programmes;

| 28. | Stresses that this means that gender equality should be a horizontal objective for these programmes, so that gender equality is integrated at all stages in the programming, from the analysis and definition of objectives through to their monitoring and evaluation; |
| --- | --- |

28.

Stresses that this means that gender equality should be a horizontal objective for these programmes, so that gender equality is integrated at all stages in the programming, from the analysis and definition of objectives through to their monitoring and evaluation;

| 29. | Welcomes in this regard the continuous dialogue with NGOs and advocates that gender equality NGOs be consulted and benefit from collaboration as regards the gender mainstreaming aspects; |
| --- | --- |

29.

Welcomes in this regard the continuous dialogue with NGOs and advocates that gender equality NGOs be consulted and benefit from collaboration as regards the gender mainstreaming aspects;

| 30. | Highlights the need for the development of gender impact assessments, and regrets that such assessments have not been carried out in connection with the Instrument for Structural Policies for Pre-accession (ISPA); |
| --- | --- |

30.

Highlights the need for the development of gender impact assessments, and regrets that such assessments have not been carried out in connection with the Instrument for Structural Policies for Pre-accession (ISPA);

| 31. | Finally, recommends that the Commission carry out a gender mainstreaming analysis on two projects that receive ISPA funding (preferably one concerned with transport and one concerned with environmental matters) to assess and analyse how such an approach could be institutionalised throughout the ISPA programme. |
| --- | --- |

31.

Finally, recommends that the Commission carry out a gender mainstreaming analysis on two projects that receive ISPA funding (preferably one concerned with transport and one concerned with environmental matters) to assess and analyse how such an approach could be institutionalised throughout the ISPA programme.

| 32. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

32.

Instructs its President to forward this resolution to the Council and the Commission.

---

(1)  OJ L 161, 26.6.1999, p. 73.

P5_TA(2003)0297

Reduction in discards of fish

European Parliament resolution on the communication from the Commission to the Council and the European Parliament on a Community Action Plan to reduce discards of fish (COM(2002) 656 — 2003/2036(INI)

The European Parliament,

| — | having regard to the Commission communication (COM(2002) 656), |
| --- | --- |

—

having regard to the Commission communication (COM(2002) 656),

| — | having regard to its resolution of 28 January 1999 on the problem of fish discards (1), |
| --- | --- |

—

having regard to its resolution of 28 January 1999 on the problem of fish discards (1),

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

—

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

| — | having regard to the report of the Committee on Fisheries (A5-0163/2003), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A5-0163/2003),

| A. | whereas fish is an important natural source of food and a public commodity, |
| --- | --- |

A.

whereas fish is an important natural source of food and a public commodity,

| B. | having regard to Article 7 (7.2.2.g) of the FAO Code of Conduct for Responsible Fisheries, according to which management objectives should include the introduction of measures so that ‘pollution, waste, discards, catch by lost or abandoned gear, catch of non-target species, both fish and non-fish species, and impacts on associated or dependent species are minimised, through measures including, to the extent practicable, the development and use of selective, environmentally safe and cost-effective fishing gear and techniques’, |
| --- | --- |

B.

having regard to Article 7 (7.2.2.g) of the FAO Code of Conduct for Responsible Fisheries, according to which management objectives should include the introduction of measures so that ‘pollution, waste, discards, catch by lost or abandoned gear, catch of non-target species, both fish and non-fish species, and impacts on associated or dependent species are minimised, through measures including, to the extent practicable, the development and use of selective, environmentally safe and cost-effective fishing gear and techniques’,

| C. | whereas the FAO has estimated the volume of fish discards within commercial fisheries at between 17,9 and 39,5 million tonnes worldwide (2), which far exceeds the EU's total fisheries production (catches and aquaculture) of 7,8 million tonnes (3), |
| --- | --- |

C.

whereas the FAO has estimated the volume of fish discards within commercial fisheries at between 17,9 and 39,5 million tonnes worldwide (2), which far exceeds the EU's total fisheries production (catches and aquaculture) of 7,8 million tonnes (3),

| D. | whereas the optimal supply of fish depends on the fish being allowed to grow and spawn before they are caught, |
| --- | --- |

D.

whereas the optimal supply of fish depends on the fish being allowed to grow and spawn before they are caught,

| E. | whereas some stocks have been reduced to a critical level partly as a result of catching and discarding juvenile fish at sea, and whereas overall reductions in fishing effort on many fish stocks would help not only in stock recovery but also in the reduction of discards, |
| --- | --- |

E.

whereas some stocks have been reduced to a critical level partly as a result of catching and discarding juvenile fish at sea, and whereas overall reductions in fishing effort on many fish stocks would help not only in stock recovery but also in the reduction of discards,

| F. | whereas there is a clear link between the selectivity of fishing gear and the percentage of the catch discarded; whereas, therefore, technical measures should be taken to ensure that juvenile fish can escape the nets and considering that improvements in gear selectivity should be encouraged and even rewarded in an appropriate way, |
| --- | --- |

F.

whereas there is a clear link between the selectivity of fishing gear and the percentage of the catch discarded; whereas, therefore, technical measures should be taken to ensure that juvenile fish can escape the nets and considering that improvements in gear selectivity should be encouraged and even rewarded in an appropriate way,

| G. | whereas aquaculture should make an increasing contribution to total fish stocks and thereby relieve the pressure on a number of overfished species, |
| --- | --- |

G.

whereas aquaculture should make an increasing contribution to total fish stocks and thereby relieve the pressure on a number of overfished species,

| H. | whereas discards vary according to species, time and place, |
| --- | --- |

H.

whereas discards vary according to species, time and place,

| I. | having regard to the biological and economic consequences and the consequences for stock assessment and fisheries management, |
| --- | --- |

I.

having regard to the biological and economic consequences and the consequences for stock assessment and fisheries management,

| J. | whereas the system of TACs and quotas has the perverse effect of provoking the discarding of bycatches outside the quota, |
| --- | --- |

J.

whereas the system of TACs and quotas has the perverse effect of provoking the discarding of bycatches outside the quota,

| K. | whereas it is dispiriting to see individual fishermen discard cod which fulfils the minimum size requirement, on economic grounds, at a time when biologists are proposing a total ban on cod fishing, |
| --- | --- |

K.

whereas it is dispiriting to see individual fishermen discard cod which fulfils the minimum size requirement, on economic grounds, at a time when biologists are proposing a total ban on cod fishing,

| 1. | Welcomes the Commission's deliberations concerning the introduction of a ban on discards as a medium-term goal but takes the view that the common fisheries policy should be based on the principle of minimising discards as one of the tenets of sustainable management of fishery resources; |
| --- | --- |

1.

Welcomes the Commission's deliberations concerning the introduction of a ban on discards as a medium-term goal but takes the view that the common fisheries policy should be based on the principle of minimising discards as one of the tenets of sustainable management of fishery resources;

| 2. | Calls on the Commission to make every endeavour to promote the collection of data on discards in order to obtain a better, more precise picture of the extent of the problem; calls on the Member States to contribute all available data and calls on the Commission to cooperate and exchange experience with other fishing nations, in particular Norway; |
| --- | --- |

2.

Calls on the Commission to make every endeavour to promote the collection of data on discards in order to obtain a better, more precise picture of the extent of the problem; calls on the Member States to contribute all available data and calls on the Commission to cooperate and exchange experience with other fishing nations, in particular Norway;

| 3. | Welcomes the Commission's initiative to launch pilot projects in 2003 aimed at evaluating the possibilities for reducing discards through various measures, such as the search for innovative fishing methods, voluntary departure from fishing grounds, real-time closures, by-catch quotas, effort management and making better use of low-value fish; |
| --- | --- |

3.

Welcomes the Commission's initiative to launch pilot projects in 2003 aimed at evaluating the possibilities for reducing discards through various measures, such as the search for innovative fishing methods, voluntary departure from fishing grounds, real-time closures, by-catch quotas, effort management and making better use of low-value fish;

| 4. | Requests that the Commission consider ways of giving preferential access to fish stocks for those fleets employing more selective fishing gear which results in lower discards; |
| --- | --- |

4.

Requests that the Commission consider ways of giving preferential access to fish stocks for those fleets employing more selective fishing gear which results in lower discards;

| 5. | Considers that pilot projects must be selected in such a way as to ensure that they cover a wide range of fisheries targeting different species, in different areas across the Community and using different fishing methods; |
| --- | --- |

5.

Considers that pilot projects must be selected in such a way as to ensure that they cover a wide range of fisheries targeting different species, in different areas across the Community and using different fishing methods;

| 6. | Calls on the Commission likewise to study innovative management methods, such as economic and financial incentives, aimed at reducing discards; |
| --- | --- |

6.

Calls on the Commission likewise to study innovative management methods, such as economic and financial incentives, aimed at reducing discards;

| 7. | Recommends that, in compliance with the necessary restrictions, fish be used as far as possible for the production of fishmeal and oil instead of being wasted through discards; recommends that the Commission propose measures, including a regulatory framework and financial incentives, to encourage this; |
| --- | --- |

7.

Recommends that, in compliance with the necessary restrictions, fish be used as far as possible for the production of fishmeal and oil instead of being wasted through discards; recommends that the Commission propose measures, including a regulatory framework and financial incentives, to encourage this;

| 8. | Calls on the Commission to submit a proposal as soon as possible for measures which may reduce TAC or quota-related discards, for example by introducing by-catch quotas, flexible quotas, revision of quota allocation procedures, multiple species TACs, etc.; |
| --- | --- |

8.

Calls on the Commission to submit a proposal as soon as possible for measures which may reduce TAC or quota-related discards, for example by introducing by-catch quotas, flexible quotas, revision of quota allocation procedures, multiple species TACs, etc.;

| 9. | Calls on the Commission to draw up a report on the options, advantages and disadvantages offered by setting up a system in which fishing effort is the main instrument in controlling fishing pressure and in which TACs and quotas play a secondary role; |
| --- | --- |

9.

Calls on the Commission to draw up a report on the options, advantages and disadvantages offered by setting up a system in which fishing effort is the main instrument in controlling fishing pressure and in which TACs and quotas play a secondary role;

| 10. | Calls on the Commission to continue monitoring research findings on alternative fishing gear with a view to improving technical measures, in particular net mesh sizes and windows; |
| --- | --- |

10.

Calls on the Commission to continue monitoring research findings on alternative fishing gear with a view to improving technical measures, in particular net mesh sizes and windows;

| 11. | Calls for minimum landing sizes and the selectivity of fishing gear to be made more consistent; |
| --- | --- |

11.

Calls for minimum landing sizes and the selectivity of fishing gear to be made more consistent;

| 12. | Recommends that real-time closure to fishing for a limited period should be used as a basic management tool in areas with a high concentration of juvenile fish at specific points in the biological cycle (e.g. spawning); calls upon the Council to rapidly adopt the proposals to this effect made by the Commission in the cod and hake recovery plans; further calls upon the Commission to propose means of making these real-time closures as rapid and flexible to implement as possible, possibly by providing a role for the Regional Advisory Councils; |
| --- | --- |

12.

Recommends that real-time closure to fishing for a limited period should be used as a basic management tool in areas with a high concentration of juvenile fish at specific points in the biological cycle (e.g. spawning); calls upon the Council to rapidly adopt the proposals to this effect made by the Commission in the cod and hake recovery plans; further calls upon the Commission to propose means of making these real-time closures as rapid and flexible to implement as possible, possibly by providing a role for the Regional Advisory Councils;

| 13. | Welcomes the abolition of certain derogations regarding net mesh sizes as proposed by the Commission in its proposal for the consolidation of the Council Regulation for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (COM(2002) 672); |
| --- | --- |

13.

Welcomes the abolition of certain derogations regarding net mesh sizes as proposed by the Commission in its proposal for the consolidation of the Council Regulation for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (COM(2002) 672);

| 14. | Recalls that the discarding of fish can also be reduced by means of greater self-discipline among fishermen and notes in this respect the importance of involving the Regional Advisory Councils, as provided for by Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (4), in formulating a strategy on the elimination of discards; |
| --- | --- |

14.

Recalls that the discarding of fish can also be reduced by means of greater self-discipline among fishermen and notes in this respect the importance of involving the Regional Advisory Councils, as provided for by Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (4), in formulating a strategy on the elimination of discards;

| 15. | Requests the Commission to examine how the Regional Advisory Councils can be utilised to their greatest effect to reduce discards; |
| --- | --- |

15.

Requests the Commission to examine how the Regional Advisory Councils can be utilised to their greatest effect to reduce discards;

| 16. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

16.

Instructs its President to forward this resolution to the Council and the Commission.

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(1)  OJ C 128, 7.5.1999, p. 83.

(2)  FAO Fisheries technical paper 339.

(3)  Facts and Figures on the CFP. (See: http://europa.eu.int/comm/fisheries/doc_et_publ/liste_publi/facts/pcp_en.pdf).

(4)  OJ L 358, 31.12.2002, p. 59.

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