# CE2004082EN.01026701.xml

| 1.4.2004 | EN | Official Journal of the European Union | CE 82/267 |
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1.4.2004

EN

Official Journal of the European Union

CE 82/267

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MINUTES

(2004/C 82 E/01)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Pat COX

President

1.   Opening of sitting

The sitting opened at 09.05.

The President announced that, as from that day, three new interpreters' booths were in operation, catering for the Polish, Hungarian and Czech languages. He pointed out that interpretation would be provided for all the new languages with effect from the session commencing in May 2004. In the interim, provision had been made for a system of rotation between those new languages.

2.   Documents received

The following document had been received:

proposal for a recommendation (Rule 49)

| — | Bastiaan Belder, on behalf of the EDD Group, on EU-Russia relations (B5-0438/2003)






  referred to | responsible: AFET |
| --- | --- | --- |
| | opinion: ITRE |

—

Bastiaan Belder, on behalf of the EDD Group, on EU-Russia relations (B5-0438/2003)

referred to

responsible: AFET

opinion: ITRE

3.   Outcome of the European Council and progress report on the Inter-Governmental Conference (Brussels, 16/17 October 2003) (statements followed by debate)

(statements followed by debate)

Council and Commission statements: Outcome of the European Council and progress report on the Inter-Governmental Conference (Brussels, 16/17 October 2003).

Graham R. Watson, on behalf of the ELDR Group, asked the President-in-Office of the Council to mention in his speech the detention without trial, at Guantanamo Bay, of 26 European nationals. He requested him, in addition, to raise this issue in all his dealings with the U.S. administration and to place it on the agenda of the next EU/USA summit.

The President made a brief statement pointing out that the Italian Presidency of the Council had fully adhered to the undertakings given by it to Parliament several months earlier with regard to Parliament's participation in the IGC.

Silvio Berlusconi (President-in-Office of the Council) and Romano Prodi (President of the Commission), made the statements.

The following spoke: Hans-Gert Poettering, on behalf of the PPE-DE Group, Enrique Barón Crespo, on behalf of the PSE Group, Graham R. Watson, on behalf of the ELDR Group, Francis Wurtz, on behalf of the GUE/NGL Group, Monica Frassoni, on behalf of the Verts/ALE Group, Charles Pasqua, on behalf of the UEN Group, Jens-Peter Bonde, on behalf of the EDD Group, Marco Pannella, Non-attached Member, Íñigo Méndez de Vigo, Giorgio Napolitano, Francesco Rutelli, Fausto Bertinotti, Nelly Maes, Cristiana Muscardini, William Abitbol, Mario Borghezio, Elmar Brok, Robert Goebbels, Antonio Di Pietro, Armando Cossutta, Josu Ortuondo Larrea, Luís Queiró, Georges Berthu, Jonathan Evans, Martin Schulz, Jules Maaten, Daniela Raschhofer, Markus Ferber, Christa Randzio-Plath, Andrew Nicholas Duff, Carl Lang, José Ignacio Salafranca Sánchez-Neyra, Anna Terrón i Cusí, Astrid Thors, Jorge Salvador Hernández Mollar, Dagmar Roth-Behrendt, Francesco Fiori, Othmar Karas, Arie M. Oostlander, Hubert Pirker, Johannes (Hannes) Swoboda, Antonio Tajani, Silvio Berlusconi, Romano Prodi and Graham R. Watson.

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

| — | Monica Frassoni, Daniel Marc Cohn-Bendit and Nelly Maes, on behalf of the Verts/ALE Group, on the outcome of the European Council and progress report on the Intergovernmental Conference (Brussels, 16/17 October 2003) (B5-0456/2003) |
| --- | --- |

—

Monica Frassoni, Daniel Marc Cohn-Bendit and Nelly Maes, on behalf of the Verts/ALE Group, on the outcome of the European Council and progress report on the Intergovernmental Conference (Brussels, 16/17 October 2003) (B5-0456/2003)

| — | Enrique Barón Crespo, on behalf of the PSE Group, on the outcome of the European Council meeting held in Brussels on 16 and 17 October 2003 (B5-0457/2003) |
| --- | --- |

—

Enrique Barón Crespo, on behalf of the PSE Group, on the outcome of the European Council meeting held in Brussels on 16 and 17 October 2003 (B5-0457/2003)

| — | Jules Maaten and Andrew Nicholas Duff, on behalf of the ELDR Group, on the Brussels European Council of 16-17 October 2003 (B5-0458/2003) |
| --- | --- |

—

Jules Maaten and Andrew Nicholas Duff, on behalf of the ELDR Group, on the Brussels European Council of 16-17 October 2003 (B5-0458/2003)

| — | Hans-Gert Poettering, Françoise Grossetête, Othmar Karas, Ilkka Suominen, W.G. van Velzen, Arie M. Oostlander and Hubert Pirker, on behalf of the PPE-DE Group, on the Brussels European Council of 16-17 October 2003, including a progress report on the work of the Intergovernmental Conference (B5-0459/2003) |
| --- | --- |

—

Hans-Gert Poettering, Françoise Grossetête, Othmar Karas, Ilkka Suominen, W.G. van Velzen, Arie M. Oostlander and Hubert Pirker, on behalf of the PPE-DE Group, on the Brussels European Council of 16-17 October 2003, including a progress report on the work of the Intergovernmental Conference (B5-0459/2003)

| — | Francis Wurtz, on behalf of the GUE/NGL Group, on the conclusions of the European Council of 16 and 17 October 2003 (B5-0461/2003) |
| --- | --- |

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Francis Wurtz, on behalf of the GUE/NGL Group, on the conclusions of the European Council of 16 and 17 October 2003 (B5-0461/2003)

| — | Charles Pasqua, Cristiana Muscardini, Gerard Collins and Luís Queiró, on behalf of the UEN Group, on the Brussels European Council of 16 and 17 October 2003 (B5-0463/2003). |
| --- | --- |

—

Charles Pasqua, Cristiana Muscardini, Gerard Collins and Luís Queiró, on behalf of the UEN Group, on the Brussels European Council of 16 and 17 October 2003 (B5-0463/2003).

The debate closed.

Vote: Minutes of 23.10.2003, Item 15.

Minutes of 23.10.2003, Item 15.

4.   Official welcome

On behalf of Parliament, the President welcomed members of a delegation from the interim parliament of the Democratic Republic of Congo, led by Olivier Kamitatu Etsu, President of that parliament, who had taken their seats in the official gallery.

IN THE CHAIR: Renzo IMBENI

Vice-President

5.   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:

| — | Directive of the European Parliament and of the Council amending Council Directives 70/156/EEC and 80/1268/EEC as regards the measurement of carbon dioxide emissions and fuel consumption of N1 vehicles (C5-0491/2003 — 2001/0255(COD) — 5997/1/2003 — 12901/2003 — SEC(2003) 1127)






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

—

Directive of the European Parliament and of the Council amending Council Directives 70/156/EEC and 80/1268/EEC as regards the measurement of carbon dioxide emissions and fuel consumption of N1 vehicles (C5-0491/2003 — 2001/0255(COD) — 5997/1/2003 — 12901/2003 — SEC(2003) 1127)

1

referred to

responsible: ENVI

asked for opinion at first reading: ITRE, RETT

The three-month period available to Parliament to adopt its position would therefore begin the following day, 23 October 2003.

VOTING TIME

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

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

6.   Women's rights (Rule 110a) (vote)

(Rule 110a) (vote)

Report on violations of women's rights and the EU's international relations [2002/2286(INI)] — Committee on Women's Rights and Equal Opportunities.

Rapporteur: Miet Smet (A5-0334/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 1)

(Voting record: Annex 1, Item 1)

MOTION FOR A RESOLUTION

The following spoke:

| — | María Elena Valenciano Martínez-Orozco, on behalf of the PSE Group, who pointed out that part of the text adopted in committee was missing, and asked, pursuant to Rule 146(4), for the vote to be postponed pending correction of the text; |
| --- | --- |

—

María Elena Valenciano Martínez-Orozco, on behalf of the PSE Group, who pointed out that part of the text adopted in committee was missing, and asked, pursuant to Rule 146(4), for the vote to be postponed pending correction of the text;

| — | the rapporteur, who proposed an oral amendment to paragraph 13. The President established that the PSE Group opposed this oral amendment. |
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—

the rapporteur, who proposed an oral amendment to paragraph 13. The President established that the PSE Group opposed this oral amendment.

| — | Emma Bonino, who supported the request made by María Elena Valenciano Martínez-Orozco. |
| --- | --- |

—

Emma Bonino, who supported the request made by María Elena Valenciano Martínez-Orozco.

The President put the request to the vote.

Parliament approved the request.

7.   Sweeteners for foodstuffs ***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 Directive 94/35/EC on sweeteners for use in foodstuffs [9714/1/2003 — C5-0299/2003 — 2002/0152(COD)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Anne Ferreira

(A5-0345/2003)

(Qualified majority)

(Qualified majority)

(Voting record: Annex 1, Item 2)

(Voting record: Annex 1, Item 2)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P5_TA(2003)0445)

(P5_TA(2003)0445)

8.   Insurance against civil liability for motor vehicles ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council directive amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC, 90/232/EEC and Directive 2000/26/EC on insurance against civil liability in respect of the use of motor vehicles [COM(2002) 244 — C5-0269/2002 — 2002/0124(COD)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Willi Rothley

(A5-0346/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 3)

(Voting record: Annex 1, Item 3)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2003)0446)

(P5_TA(2003)0446)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0446)

(P5_TA(2003)0446)

9.   Parental responsibility and measures to protect children * (vote)

(vote)

Report on the Commission proposal for a Council decision authorising the Member States to ratify, or accede to, in the interest of the European Community the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention) [COM(2003) 348 — C5-0302/2003 — 2003/0127(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Marie-Thérèse Hermange

(A5-0319/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 4)

(Voting record: Annex 1, Item 4)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2003)0447)

(P5_TA(2003)0447)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0447)

(P5_TA(2003)0447)

10.   Structural Funds (vote)

(vote)

Report on the Structural Funds: trend in outstanding commitments and requirements for 2004 [2002/2272(INI)] — Committee on Budgets.

Rapporteur: Giovanni Pittella

(A5-0286/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 5)

(Voting record: Annex 1, Item 5)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0448)

(P5_TA(2003)0448)

The following spoke:

The following spoke:

| — | the rapporteur, who considered that amendment 6, which had allegedly fallen, had not in fact done so, and requested that it be put to the vote as an addition, which it was. |
| --- | --- |

—

the rapporteur, who considered that amendment 6, which had allegedly fallen, had not in fact done so, and requested that it be put to the vote as an addition, which it was.

11.   Market regulations and competition rules for the liberal professions (vote)

(vote)

MOTIONS FOR RESOLUTION B5-0430, 0431 and 0432/2003

The debate had taken place on Wednesday 8 October 2003(Item 12 of Minutes of 8 October 2003).

(Item 12 of Minutes of 8 October 2003).

Klaus-Heiner Lehne, on behalf of the PPE-DE Group asked, pursuant to Rule 146(4), with the support of the PSE Group, for the vote to be postponed to the next part-session, so as to enable a joint motion for a resolution to be tabled.

The President put the request to the vote.

Parliament approved the request.

12.   Explanations of vote

Written explanations of vote:

Written explanations of vote:

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

13.   Corrections to votes

Corrections to votes were submitted by the following Members:

Report Rothley — A5-0346/2003

| — | legislative resolution

  For: Ria G.H.C. Oomen-Ruijten, Lord Inglewood, Manuel Medina Ortega |
| --- | --- |

—

legislative resolution

For: Ria G.H.C. Oomen-Ruijten, Lord Inglewood, Manuel Medina Ortega

For:

Report Hermange — A5-0319/2003

| — | legislative resolution

  For: Lone Dybkjær, Manuel Medina Ortega. |
| --- | --- |

—

legislative resolution

For: Lone Dybkjær, Manuel Medina Ortega.

For:

END OF VOTING TIME

(The sitting was suspended at 12.50 and resumed at 15.00.)

(The sitting was suspended at 12.50 and resumed at 15.00.)

IN THE CHAIR: José PACHECO PEREIRA

Vice-President

14.   Approval of Minutes of previous sitting

João Gouveia had informed the Presidency that he had been present at the sitting of 20 October 2003 but that his name was not on the attendance register.

Freddy Blak and Jean-Louis Bourlanges had informed the Presidency that they had been present at the sitting of 21 October 2003 but that their names were not on the attendance register.

The Minutes of the previous sitting were approved.

15.   Main aspects and basic choices of CFSP (debate)

(debate)

Report on the annual report (2002) from the Council to the European Parliament on the main aspects and basic choices of CFSP, including the financial implications for the general budget of the European Communities [7038/2003 — C5-0423/2003 — 2003/2141(INI)] — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy.

Rapporteur: Elmar Brok

(A5-0348/2003).

Elmar Brok introduced the report.

Franco Frattini (President-in-Office of the Council) spoke.

Christopher Patten (Member of the Commission) spoke.

The following spoke: Armin Laschet (draftsman of the opinion of the BUDG Committee), Jas Gawronski, on behalf of the PPE-DE Group, Johannes (Hannes) Swoboda, on behalf of the PSE Group, Ole Andreasen, on behalf of the ELDR Group, André Brie, on behalf of the GUE/NGL Group, Joost Lagendijk, on behalf of the Verts/ALE Group, Bastiaan Belder, on behalf of the EDD Group, Philip Claeys, Non-attached Member, Karl von Wogau, Demetrio Volcic, Johan Van Hecke, Per Gahrton, Paul Coûteaux, Georges Berthu, Charles Tannock, Ulpu Iivari, Georg Jarzembowski, Richard Howitt, Christine De Veyrac, Carlos Lage, Reino Paasilinna and Maj Britt Theorin.

The debate closed.

Vote: Minutes of 23.10.2003, Item 16.

Minutes of 23.10.2003, Item 16.

16.   Forthcoming EU-Russian summit, including the situation in Chechnya (6 November 2003) (statements followed by debate)

(statements followed by debate)

Council and Commission statements: Forthcoming EU-Russian summit, including the situation in Chechnya (6 November 2003)

Franco Frattini (President-in-Office of the Council) made the statement.

IN THE CHAIR: James L.C. PROVAN

Vice-President

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

The following spoke: Ilkka Suominen, on behalf of the PPE-DE Group, Reino Paasilinna, on behalf of the PSE Group, Paavo Väyrynen, on behalf of the ELDR Group, Bart Staes, on behalf of the Verts/ALE Group, Bastiaan Belder, on behalf of the EDD Group, Olivier Dupuis, Non-attached Member, Herman Schmid, on behalf of the GUE/NGL Group, Arie M. Oostlander, Hans Modrow, Charles Tannock, Bernd Posselt, Ursula Stenzel and Franco Frattini.

The debate closed.

17.   Initiative in the UN for a universal moratorium on the death penalty (statements followed by debate)

(statements followed by debate)

Council and Commission statements: Initiative in the UN for a universal moratorium on the death penalty.

Franco Frattini (President-in-Office of the Council) and Christopher Patten (Member of the Commission) made their respective statements.

The following spoke: Michael Gahler, on behalf of the PPE-DE Group, Giovanni Claudio Fava, on behalf of the PSE Group, Olle Schmidt, on behalf of the ELDR Group, Fodé Sylla, on behalf of the GUE/NGL Group, Matti Wuori, on behalf of the Verts/ALE Group, Cristiana Muscardini, on behalf of the UEN Group, Marco Pannella, Non-attached Member, Concepció Ferrer, Franco Frattini, Fodé Sylla, on the latter's remarks.

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

| — | Pasqualina Napoletano and Johannes (Hannes) Swoboda, on behalf of the PSE Group, on the initiative in favour of a universal moratorium on the death penalty in the context of the UN (B5-0441/2003); |
| --- | --- |

—

Pasqualina Napoletano and Johannes (Hannes) Swoboda, on behalf of the PSE Group, on the initiative in favour of a universal moratorium on the death penalty in the context of the UN (B5-0441/2003);

| — | Monica Frassoni, Matti Wuori, Nelly Maes and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, on the initiative in favour of a universal moratorium on the death penalty in the context of the UN (B5-0442/2003); |
| --- | --- |

—

Monica Frassoni, Matti Wuori, Nelly Maes and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, on the initiative in favour of a universal moratorium on the death penalty in the context of the UN (B5-0442/2003);

| — | Ole Andreasen, on behalf of the ELDR Group, on the initiative for a universal moratorium on the death penalty in the UN (B5-0443/2003); |
| --- | --- |

—

Ole Andreasen, on behalf of the ELDR Group, on the initiative for a universal moratorium on the death penalty in the UN (B5-0443/2003);

| — | Concepció Ferrer and Michael Gahler, on behalf of the PPE-DE Group, on abolition of the death penalty (B5-0444/2003); |
| --- | --- |

—

Concepció Ferrer and Michael Gahler, on behalf of the PPE-DE Group, on abolition of the death penalty (B5-0444/2003);

| — | Yasmine Boudjenah, Lucio Manisco, Feleknas Uca, Marianne Eriksson, Esko Olavi Seppänen, Dimitrios Koulourianos and Ilda Figueiredo, on behalf of the GUE/NGL Group, on the death penalty (B5-0447/2003). |
| --- | --- |

—

Yasmine Boudjenah, Lucio Manisco, Feleknas Uca, Marianne Eriksson, Esko Olavi Seppänen, Dimitrios Koulourianos and Ilda Figueiredo, on behalf of the GUE/NGL Group, on the death penalty (B5-0447/2003).

The debate closed.

Vote: Minutes of 23.10.2003, Item 17.

Minutes of 23.10.2003, Item 17.

18.   Question Time (Council)

(Council)

Parliament considered a number of questions to the Council (B5-0279/2003).

Question 1 was not called, since its subject- matter already appeared on the agenda for the present partsession.

Question 1

Question 2 by Bernd Posselt: European police academy and protection of external frontiers.

Question 2

Franco Frattini (President-in-Office of the Council) answered the question and supplementaries by Bernd Posselt and Piia-Noora Kauppi.

Question 3 by Maurizio Turco: Prisoners in the EU — minimum standards of human rights and fundamental freedoms.

Question 3

Franco Frattini answered the question and a supplementary by Gianfranco Dell'Alba, deputising for the author.

Question 4 by Alexandros Alavanos: Customs union between Turkey and the occupying regime in northern Cyprus.

Question 4

Franco Frattini answered the question and a supplementary by Alexandros Alavanos.

Question 5 by Philip Claeys: Food aid to Zimbabwe.

Question 5

Franco Frattini answered the question.

Philip Claeys spoke.

Question 6 by John Walls Cushnahan: Proposal for an EU Coastguard Service.

Question 6

Franco Frattini answered the question.

John Walls Cushnahan spoke.

Question 7 by María Elena Valenciano Martínez-Orozco: Disappearance of women and girls in Mexico.

Question 7

Franco Frattini answered the question.

Francisca Sauquillo Pérez del Arco spoke.

Question 8 by María Izquierdo Rojo: Rising immigration by means of ‘pateras’ (small boats) in eastern and western Andalusia, on Europe's southern frontier.

Question 8

Franco Frattini answered the question and a supplementary by María Izquierdo Rojo.

Question 9 by Lennart Sacrédeus: Referendums in each Member State on the proposed EU Constitution.

Question 9

Franco Frattini answered the question and supplementaries by Lennart Sacrédeus, Michl Ebner and Paul Rübig.

Question 10 by Manuel Medina Ortega: Trans-European networks and outermost regions. Question 11 by Seán Ó Neachtain: TEN-T and the west of Ireland.

Question 10

Question 11

Franco Frattini answered the questions.

The following spoke: Manuel Medina Ortega and Seán Ó Neachtain.

Franco Frattini answered supplementaries by Michl Ebner, Brian Crowley and Paul Rübig.

Question 12 by Pedro Marset Campos: Violation by the United States of the human rights of five Cuban citizens.

Question 12

Question 13 by Konstantinos Alyssandrakis: Violation by the United States of the human rights of five Cuban citizens.

Question 13

Question 14 by Ioannis Patakis: Violation by the United States of the human rights of five Cuban citizens.

Question 14

Question 15 by Ilda Figueiredo: Violation by the United States of the human rights of five Cuban citizens.

Question 15

Question 16 by María Luisa Bergaz Conesa: Violation by the United States of the human rights of five Cuban citizens resident in Florida.

Question 16

Franco Frattini answered questions 12 to 16 together and a supplementary by Pedro Marset Campos.

The following spoke: Konstantinos Alyssandrakis, Ioannis Patakis, Ilda Figueiredo and María Luisa Bergaz Conesa.

Questions 17 to 33 would receive a written answer.

Questions 17 to 33

Council Question Time closed.

(The sitting was suspended at 19.05 and resumed at 21.00.)

(The sitting was suspended at 19.05 and resumed at 21.00.)

IN THE CHAIR: Giorgos DIMITRAKOPOULOS

Vice-President

19.   Peace and dignity in the Middle East (debate)

(debate)

Report on peace and dignity in the Middle East [2002/2166(INI)] — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy.

Rapporteur: Emilio Menéndez del Valle

(A5-0351/2003)

Emilio Menéndez del Valle introduced the report.

Erkki Liikanen (Member of the Commission) spoke.

The following spoke: Armin Laschet, on behalf of the PPE-DE Group, Jacques F. Poos, on behalf of the PSE Group, Joan Vallvé, on behalf of the ELDR Group, Pedro Marset Campos, on behalf of the GUE/NGL Group, Per Gahrton, on behalf of the Verts/ALE Group, Mogens N.J. Camre, on behalf of the UEN Group, Bastiaan Belder, on behalf of the EDD Group, Marco Pannella, Non-attached Member, Geoffrey Van Orden, Frédérique Ries, Luisa Morgantini, Alima Boumediene-Thiery, Ulla Margrethe Sandbæk, Dominique F.C. Souchet, Ursula Stenzel, Jean-Thomas Nordmann, Jan Dhaene, Cristina Gutiérrez-Cortines and François Zimeray, in particular on Per Gahrton's remarks, and Per Gahrton on François Zimeray's remarks.

The debate closed.

Vote: Minutes of 23.10.2003, Item 18.

Minutes of 23.10.2003, Item 18.

20.   Entrepreneurship in Europe — Industrial policy in an enlarged Europe (debate)

(debate)

Report on entrepreneurship in Europe [COM(2003) 27 — 2003/2161(INI)] — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Werner Langen

(A5-0347/2003)

Report on industrial policy in an enlarged Europe [COM(2002) 714 — 2003/2063(INI)] — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Olga Zrihen

(A5-0328/2003)

Werner Langen introduced the report (A5-0347/2003).

Olga Zrihen introduced the report (A5-0328/2003).

Erkki Liikanen (Member of the Commission) spoke.

The following spoke: Catherine Guy-Quint (draftsman of the opinion of the BUDG Committee), Miquel Mayol i Raynal (draftsman of the opinion of the ECON Committee), Marie-Hélène Gillig (draftsman of the opinion of the EMPL Committee), Paul Rübig, on behalf of the PPE-DE Group, Neena Gill, on behalf of the PSE Group, Philippe A.R. Herzog, on behalf of the GUE/NGL Group, Claude Turmes, on behalf of the Verts/ALE Group, Seán Ó Neachtain, on behalf of the UEN Group, Wolfgang Ilgenfritz, Non-attached Member, Concepció Ferrer, Harlem Désir, John Purvis, Thomas Mann and Erkki Liikanen.

The debate closed.

Vote: Minutes of 23.10.2003, Items 19 and 20.

Minutes of 23.10.2003, Items 19 and 20.

21.   Compensation to crime victims * (debate)

(debate)

Report on the proposal for a Council directive on compensation to crime victims [COM(2002) 562 — C5-0517/2002 — 2002/0247(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Roberta Angelilli

(A5-0330/2003)

Roberta Angelilli introduced the report.

António Vitorino (Member of the Commission) spoke.

The following spoke: Ewa Klamt, on behalf of the PPE-DE Group, Carmen Cerdeira Morterero, on behalf of the PSE Group, Carlos Coelho, Robert J.E. Evans and António Vitorino.

The debate closed.

Vote: Minutes of 23.10.2003, Item 7.

Minutes of 23.10.2003, Item 7.

22.   Prevention and control of trafficking in human organs * (debate)

(debate)

Report on the initiative of the Hellenic Republic with a view to adopting a Council Framework Decision concerning the prevention and control of trafficking in human organs and tissues [7247/2003 — C5-0166/2003 — 2003/0812(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Robert J.E. Evans

(A5-0326/2003)

Robert J.E. Evans introduced the report.

António Vitorino (Member of the Commission) spoke.

Peter Liese, draftsman of the opinion of the ENVI Committee, Timothy Kirkhope, on behalf of the PPE-DE Group, Anna Karamanou, on behalf of the PSE Group, Johanna L.A. Boogerd-Quaak, on behalf of the ELDR Group, and Johannes (Hans) Blokland, on behalf of the EDD Group.

The debate closed.

Vote: Minutes of 23.10.2003, Item 13.

Minutes of 23.10.2003, Item 13.

23.   Situation in Bolivia (statement followed by debate)

(statement followed by debate)

Commission statement: Situation in Bolivia

António Vitorino (Member of the Commission) made the statement.

The following spoke: José Ignacio Salafranca Sánchez-Neyra, on behalf of the PPE-DE Group, Manuel Medina Ortega, on behalf of the PSE Group, and Pedro Marset Campos, on behalf of the GUE/NGL Group.

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

| — | Manuel Medina Ortega, on behalf of the PSE Group, on the situation in Bolivia (B5-0454/2003); |
| --- | --- |

—

Manuel Medina Ortega, on behalf of the PSE Group, on the situation in Bolivia (B5-0454/2003);

| — | Fernando Fernández Martín and José Ignacio Salafranca Sánchez-Neyra, on behalf of the PPE-DE Group, on the situation in Bolivia (B5-0455/2003); |
| --- | --- |

—

Fernando Fernández Martín and José Ignacio Salafranca Sánchez-Neyra, on behalf of the PPE-DE Group, on the situation in Bolivia (B5-0455/2003);

| — | Monica Frassoni, Alain Lipietz, Miquel Mayol i Raynal, Camilo Nogueira Román, Josu Ortuondo Larrea and Didier Rod, on behalf of the Verts/ALE Group, on the situation in Bolivia (B5-0460/2003); |
| --- | --- |

—

Monica Frassoni, Alain Lipietz, Miquel Mayol i Raynal, Camilo Nogueira Román, Josu Ortuondo Larrea and Didier Rod, on behalf of the Verts/ALE Group, on the situation in Bolivia (B5-0460/2003);

| — | Emmanouil Bakopoulos, Fausto Bertinotti, Armando Cossutta, Ilda Figueiredo, Pernille Frahm and Pedro Marset Campos, on behalf of the GUE/NGL Group, on the situation in Bolivia (B5-0462/2003); |
| --- | --- |

—

Emmanouil Bakopoulos, Fausto Bertinotti, Armando Cossutta, Ilda Figueiredo, Pernille Frahm and Pedro Marset Campos, on behalf of the GUE/NGL Group, on the situation in Bolivia (B5-0462/2003);

| — | Carles-Alfred Gasòliba i Böhm and Maria Johanna (Marieke) Sanders-ten Holte, on behalf of the ELDR Group, on the situation in Bolivia (B5-0464/2003). |
| --- | --- |

—

Carles-Alfred Gasòliba i Böhm and Maria Johanna (Marieke) Sanders-ten Holte, on behalf of the ELDR Group, on the situation in Bolivia (B5-0464/2003).

The debate closed.

Vote: Minutes of 23.10.2003, Item 21.

Minutes of 23.10.2003, Item 21.

24.   Agenda for next sitting

The President referred Members to the document ‘Agenda’ PE 336.401/OJJE.

25.   Closure of sitting

The sitting closed at 00.05.

Julian Priestley

Secretary-General

Gérard Onesta

Vice-President

---

ATTENDANCE REGISTER

The following signed:

Aaltonen, Abitbol, Adam, Nuala Ahern, Ainardi, Alavanos, Almeida Garrett, Alyssandrakis, Andersen, Andersson, Andreasen, André-Léonard, Andria, Angelilli, Aparicio Sánchez, Arvidsson, Atkins, Attwooll, Auroi, Averoff, Avilés Perea, Ayuso González, Bakopoulos, Balfe, Baltas, Banotti, Barón Crespo, Bartolozzi, Bastos, Beazley, Bébéar, Belder, Berend, Berenguer Fuster, Berès, van den Berg, Bergaz Conesa, Berger, Bernié, Berthu, Bertinotti, Beysen, Bigliardo, Blak, Blokland, Bodrato, Böge, Bösch, von Boetticher, Bonde, Bonino, Boogerd-Quaak, Booth, Bordes, Borghezio, van den Bos, Boudjenah, Boumediene-Thiery, Bourlanges, Bouwman, Bowe, Bowis, Bradbourn, Bremmer, Breyer, Brie, Brienza, Brok, Brunetta, Buitenweg, Bullmann, van den Burg, Bushill-Matthews, Busk, Butel, Callanan, Calò, Campos, Camre, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Caudron, Caullery, Cauquil, Cederschiöld, Celli, Cercas, Cerdeira Morterero, Cesaro, Ceyhun, Chichester, Claeys, Cocilovo, Coelho, Cohn-Bendit, Collins, Colom i Naval, Corbett, Corbey, Cornillet, Corrie, Cossutta, Paolo Costa, Raffaele Costa, Coûteaux, Cox, Crowley, Cushnahan, van Dam, Darras, Dary, Daul, De Clercq, Dehousse, De Keyser, Dell'Alba, Della Vedova, Dell'Utri, Deprez, De Rossa, De Sarnez, Descamps, Désir, Deva, De Veyrac, Dhaene, Díez González, Di Lello Finuoli, Dillen, Dimitrakopoulos, Di Pietro, Doorn, Dover, Doyle, Dührkop Dührkop, Duff, Duhamel, Duin, Dupuis, Dybkjær, Ebner, Echerer, El Khadraoui, Eriksson, Esclopé, Ettl, Jillian Evans, Jonathan Evans, Robert J.E. Evans, Färm, Farage, Fatuzzo, Fava, Ferber, Fernández Martín, Ferrández Lezaun, Ferreira, Ferrer, Ferri, Fiebiger, Figueiredo, Fiori, Fitzsimons, Flemming, Flesch, Folias, Ford, Formentini, Foster, Fourtou, Frahm, Frassoni, Friedrich, Fruteau, Gahler, Gahrton, Galeote Quecedo, Garaud, García-Orcoyen Tormo, Gargani, Garot, Garriga Polledo, Gasòliba i Böhm, de Gaulle, Gawronski, Gebhardt, Gemelli, Ghilardotti, Gill, Gillig, Gil-Robles Gil-Delgado, Glase, Gobbo, Goebbels, Goepel, Görlach, Gollnisch, Gomolka, Goodwill, Gorostiaga Atxalandabaso, Gouveia, Graefe zu Baringdorf, Graça Moura, Gröner, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Guy-Quint, Hänsch, Hager, Hansenne, Harbour, Hatzidakis, Haug, Hazan, Heaton-Harris, Hedkvist Petersen, Helmer, Hermange, Hernández Mollar, Herranz García, Herzog, Hieronymi, Hoff, Honeyball, Hortefeux, Howitt, Hudghton, Hughes, Huhne, van Hulten, Hyland, Iivari, Ilgenfritz, Imbeni, Inglewood, Isler Béguin, Izquierdo Collado, Izquierdo Rojo, Jackson, Jarzembowski, Jeggle, Jensen, Jöns, Jové Peres, Junker, Karamanou, Karas, Karlsson, Katiforis, Kaufmann, Kauppi, Keppelhoff-Wiechert, Keßler, Kindermann, Glenys Kinnock, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korakas, Korhola, Koukiadis, Koulourianos, Krarup, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Krivine, Kronberger, Kuckelkorn, Kuhne, Kuntz, Lage, Lagendijk, Laguiller, Lalumière, Lamassoure, Lambert, Lang, Lange, Langen, Lannoye, de La Perriere, Laschet, Lavarra, Lechner, Lehne, Leinen, Liese, Linkohr, Lipietz, Lisi, Lombardo, Lucas, Ludford, Lulling, Lund, Lynne, Maat, Maaten, McAvan, McCarthy, McCartin, MacCormick, McKenna, McMillan-Scott, McNally, Maes, Malliori, Manders, Manisco, Erika Mann, Thomas Mann, Mantovani, Marchiani, Marinho, Marini, Marinos, Markov, Marques, Marset Campos, Martens, David W. Martin, 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, Menéndez del Valle, Mennea, Mennitti, Menrad, Messner, Miguélez Ramos, Miller, Miranda de Lage, Modrow, Mombaur, Monsonís Domingo, Montfort, Moraes, Morgantini, Müller, Mulder, Murphy, Muscardini, Musotto, Mussa, Musumeci, Myller, Napoletano, Napolitano, Naranjo Escobar, Nassauer, Newton Dunn, Nicholson, Nicholson of Winterbourne, Niebler, Nisticò, Nobilia, Nordmann, Obiols i Germà, Ojeda Sanz, Olsson, Ó Neachtain, Onesta, Oostlander, Oreja Arburúa, Ortuondo Larrea, O'Toole, Paasilinna, Pacheco Pereira, Paciotti, Pannella, Papayannakis, Parish, Pasqua, Pastorelli, Patakis, Patrie, Paulsen, Pérez Álvarez, Pérez Royo, Perry, Pesälä, Pex, Piecyk, Piétrasanta, Pirker, Piscarreta, Pittella, Plooij-van Gorsel, Podestà, Poettering, Pohjamo, Poignant, Pomés Ruiz, Poos, Posselt, Prets, Procacci, Pronk, Provan, Puerta, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Randzio-Plath, Rapkay, Raschhofer, Raymond, Read, Ribeiro e Castro, Ries, Riis-Jørgensen, Ripoll y Martínez de Bedoya, Rocard, Rod, Rodríguez Ramos, de Roo, Roth-Behrendt, Rothe, Rothley, Roure, Rübig, Rühle, Rutelli, Sacconi, Sacrédeus, Sakellariou, Salafranca Sánchez-Neyra, Sandberg-Fries, Sandbæk, Sanders-ten Holte, Santer, Santini, dos Santos, Sartori, Sauquillo Pérez del Arco, Savary, Sbarbati, Scallon, Scarbonchi, Schaffner, Scheele, Schierhuber, Schleicher, Gerhard Schmid, Herman Schmid, Olle Schmidt, Schmitt, Schnellhardt, Schörling, Ilka Schröder, Jürgen Schröder, Schroedter, Schulz, Schwaiger, Segni, Seppänen, Sichrovsky, Simpson, Sjöstedt, Skinner, Smet, Soares, Sörensen, Sommer, Sornosa Martínez, Souchet, Souladakis, Sousa Pinto, Speroni, Staes, Stauner, Stenmarck, Stenzel, Sterckx, Stevenson, Stihler, Stirbois, Stockmann, Stockton, Sturdy, Sudre, Sumberg, Suominen, Swiebel, Swoboda, Sylla, Sørensen, Tajani, Tannock, Terrón i Cusí, Theato, Theorin, Thomas-Mauro, Thorning-Schmidt, Thors, Thyssen, Titford, Titley, Torres Marques, Trakatellis, Trentin, Turchi, Turmes, Uca, Vachetta, Väyrynen, Vairinhos, Valdivielso de Cué, Valenciano Martínez-Orozco, Vallvé, Van Hecke, Van Orden, Varaut, Varela Suanzes-Carpegna, Vattimo, Veltroni, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vinci, Virrankoski, Vlasto, Voggenhuber, Volcic, Wachtmeister, Wallis, Walter, Watson, Watts, Weiler, Wenzel-Perillo, Whitehead, Wieland, Wiersma, Wijkman, von Wogau, Wuermeling, Wuori, Wurtz, Wyn, Wynn, Xarchakos, Zabell, Zacharakis, Zappalà, Zimeray, Zimmerling, Zissener, Zorba, Zrihen

Observers

Bagó Zoltán, Balsai István, Bastys Mindaugas, Bekasovs Martijans, Berg Eiki, Biela Adam, Bielan Adam, Bobelis Kazys Jaunutis, Bonnici Josef, Brejc Mihael, Chronowski Andrzej, Ciemniak Grażyna, Czinege Imre, Demetriou Panayiotis, Didžiokas Gintaras, Ékes József, Falbr Richard, Fazakas Szabolcs, Fenech Antonio, Filipek Krzysztof, Germič Ljubo, Giertych Maciej, Grabowska Genowefa, Gruber Attila, Grzebisz-Nowicka Zofia, Grzyb Andrzej, Gyürk András, Horvat Franc, Ilves Toomas Hendrik, Jakič Roman, Jaskiernia Jerzy, Kamiński Michał Tomasz, Kelemen András, Klich Bogdan, Kłopotek Eugeniusz, Klukowski Wacław, Kósa Kovács Magda, Kowałska Bronisława, Kreitzberg Peeter, Kriščiūnas Kęstutis, Kuzmickas Kęstutis, Kvietkauskas Vytautas, Laar Mart, Landsbergis Vytautas, Lewandowski Janusz Antoni, Libicki Marcin, Lisak Janusz, Lydeka Arminas, Łyżwiński Stanisław, Macierewicz Antoni, Maldeikis Eugenijus, Mallotová Helena, Manninger Jenő, Matsakis Marios, Mavrou Eleni, Őry Csaba, Pasternak Agnieszka, Pęczak Andrzej, Pīks Rihards, Plokšto Artur, Podgórski Bogdan, Podobnik Janez, Pospíšil Jiří, Protasiewicz Jacek, Reiljan Janno, Sefzig Luděk, Siekierski Czeslaw, Smorawiński Jerzy, Surján László, Szabó Zoltán, Szájer József, Szczygło Aleksander, Tabajdi Csaba, Tomczak Witold, Vaculík Josef, Valys Antanas, Vareikis Egidijus, Vastagh Pál, Vella George, Vėsaitė Birutė, Widuch Marek, Winiarczyk-Kossakowska Małgorzata, Wiśniowska Genowefa, Wittbrodt Edmund, Wojciechowski Janusz, Žiak Rudolf

---

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.   Women's Rights

Report: SMET (A5-0334/2003)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | | postponed (Rule 146(4)) |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

postponed (Rule 146(4))

The rapporteur proposed an oral amendment to paragraph 13 to read as follows: ‘calls upon the Member States to take into account, for the purposes of conferring a right of asylum, the persecution and/or fear of persecution suffered by women on account of their gender’.

2.   Sweeteners for foodstuffs

Recommendation for second reading: FERREIRA (A5-0345/2003) [***II]

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-3 | committee | | + | |
| after art 1 | 4 | Verts/ALE | | - | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-3

committee

+

after art 1

4

Verts/ALE

-

3.   Insurance against civil liability for motor vehicles

Report: ROTHLEY (A5-0346/2003) [***I]

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-2
  5-7
  9-11
  15-18
  20
  23 | committee | | + | |
| amendments by committee responsible — separate votes | 4 | committee | sep | + | |
| | 8 | committee | sep | + | |
| | 12 | committee | split | | |
| | | | 1 | + | |
| | | | 2 | + | |
| | 14 | committee | split | | |
| | | | 1 | + | |
| | | | 2 | + | |
| | 19 | committee | sep | + | |
| | 21 | committee | sep | + | |
| | 22 | committee | sep | + | |
| | 24 | committee | sep | + | |
| art 1, §§ 2 and 3 | 27 | PSE+PPE-DE | | + | |
| | 13 | committee | | ↓ | |
| | 28 | PSE+PPE-DE | | + | |
| after recital 7 | 26 | PSE | | + | |
| after recital 8 | 3 | committee | | - | |
| | 25 | PSE+PPE-DE | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | RCV | + | 526, 9, 16 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-2

5-7

9-11

15-18

20

23

committee

+

amendments by committee responsible — separate votes

4

committee

sep

+

8

committee

sep

+

12

committee

split

1

+

2

+

14

committee

split

1

+

2

+

19

committee

sep

+

21

committee

sep

+

22

committee

sep

+

24

committee

sep

+

art 1, §§ 2 and 3

27

PSE+PPE-DE

+

13

committee

↓

28

PSE+PPE-DE

+

after recital 7

26

PSE

+

after recital 8

3

committee

-

25

PSE+PPE-DE

+

vote: amended proposal

+

vote: legislative resolution

RCV

+

526, 9, 16

Requests for roll-call votes

PPE-DE: final vote

Requests for split votes

PSE

am 12

1st part: up to ‘and personal injuries,’

2nd part: remainder

am 14

1st part: up to ‘physical injuries’

2nd part: remainder

Requests for separate vote

PPE-DE: ams 4, 19, 21

PSE: ams 4, 8, 19, 22, 24

4.   Parental responsibility and measures to protect children

Report: HERMANGE (A5-0319/2003) [*]

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-3
  5-9 | committee | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | RCV | + | 508, 29, 6 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-3

5-9

committee

+

vote: amended proposal

+

vote: legislative resolution

RCV

+

508, 29, 6

Amendment 4 did not concern all language versions and was therefore not put to the vote [Rule 140(1)(d)]

Requests for roll-call votes

PPE-DE: final vote

5.   Structural Funds

Report: PITTELLA (A5-0286/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 21 | 5 | PSE | split | | |
| | | | 1/RCV | + | 279, 257, 13 |
| | | | 2/EV | + | 305, 227, 9 |
| | 3 | PPE-DE | | ↓ | |
| § 23 | 1/rev. | NARANJO ESCOBAR ao | | - | |
| § 31 | 4 | PPE-DE | | + | |
| 6 | PSE | | + | as addition |
| § 35 | 2/rev. | NARANJO ESCOBAR ao | | W | |
| vote: resolution (as a whole) | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 21

5

PSE

split

1/RCV

+

279, 257, 13

2/EV

+

305, 227, 9

3

PPE-DE

↓

§ 23

1/rev.

NARANJO ESCOBAR ao

-

§ 31

4

PPE-DE

+

6

PSE

+

as addition

§ 35

2/rev.

NARANJO ESCOBAR ao

W

vote: resolution (as a whole)

+

Requests for split votes

Dover ao

am 5

1st part: up to ‘significantly reduced;’

2nd part: remainder

6.   Market regulations and competition rules for the liberal professions

Motions for resolutions: B5-0430, 0431 and 0432/2003

Vote postponed (Rule 146(4))

---

ANNEX II

RESULT OF ROLL-CALL VOTES

Resolution

For: 526

EDD: Abitbol, Andersen, Belder, Bernié, Blokland, Bonde, Butel, Coûteaux, van Dam, Kuntz, Mathieu, Raymond, Sandbæk

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Costa Paolo, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Formentini, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Wallis, Watson

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Cossutta, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Manisco, Markov, Marset Campos, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla, Uca, Vachetta, Vinci, Wurtz

NI: Berthu, Beysen, Borghezio, Garaud, Gobbo, Hager, Ilgenfritz, Kronberger, de La Perriere, Mennea, Raschhofer, Sichrovsky, Souchet, Speroni, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brienza, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Costa Raffaele, Cushnahan, Daul, Decourrière, Dell'Utri, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Langen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Ripoll y Martínez de Bedoya, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Angelilli, Bigliardo, Camre, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

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

Against: 9

EDD: Booth, Farage, Titford

GUE/NGL: Meijer

PPE-DE: García-Orcoyen Tormo, Gil-Robles Gil-Delgado, Sacrédeus, Schleicher, Wijkman

Abstention: 16

GUE/NGL: Bordes, Cauquil, Laguiller

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

PSE: Martin Hans-Peter

Resolution

For: 508

EDD: Abitbol, Andersen, Belder, Bernié, Blokland, Bonde, Butel, Coûteaux, van Dam, Kuntz, Mathieu, Raymond, Sandbæk

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Costa Paolo, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Formentini, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Wallis, Watson

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Boudjenah, Brie, Caudron, Cauquil, Cossutta, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla, Uca, Vachetta, Vinci, Wurtz

NI: Berthu, Beysen, Bonino, Borghezio, Claeys, Dell'Alba, Dillen, Dupuis, Garaud, Gobbo, Gollnisch, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Lang, de La Perriere, Martinez, Mennea, Pannella, Raschhofer, Sichrovsky, Souchet, Speroni, Stirbois, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Averoff, Ayuso González, Banotti, Bartolozzi, Bastos, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bremmer, Brienza, Brok, Brunetta, Camisón Asensio, Cederschiöld, Cesaro, Cocilovo, Coelho, Costa Raffaele, Cushnahan, Daul, Decourrière, Dell'Utri, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Doyle, Ebner, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Fourtou, Friedrich, Galeote Quecedo, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Hieronymi, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Langen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Musotto, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pastorelli, Pérez Álvarez, Pex, Pirker, Piscarreta, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Angelilli, Bigliardo, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

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

Against: 29

PPE-DE: Atkins, Balfe, Bowis, Bradbourn, Callanan, Chichester, Dover, Elles, Evans Jonathan, Foster, Goodwill, Harbour, Heaton-Harris, Helmer, Inglewood, Kirkhope, McMillan-Scott, Nicholson, Parish, Perry, Provan, Purvis, Stevenson, Stockton, Sturdy, Sumberg, Tannock, Van Orden, Villiers

Abstention: 6

EDD: Booth, Farage, Titford

NI: de Gaulle

PPE-DE: Scallon

UEN: Camre

Amendment 5, 1st part

For: 279

EDD: Abitbol, Andersen, Bernié, Bonde, Butel, Coûteaux, Kuntz, Mathieu, Raymond, Sandbæk

ELDR: van den Bos, Monsonís Domingo, Nordmann, Sbarbati

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Cossutta, Di Lello Finuoli, Fiebiger, Figueiredo, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krivine, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Scarbonchi, Schröder Ilka, Uca, Vachetta, Vinci, Wurtz

NI: Berthu, Bonino, Dell'Alba, Dupuis, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, de La Perriere, Pannella, Souchet, Varaut

PPE-DE: Bodrato, Xarchakos

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Angelilli, Bigliardo, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

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

Against: 257

EDD: Belder, Blokland, van Dam

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, Busk, Calò, Costa Paolo, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Formentini, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Mulder, Newton Dunn, Olsson, Paulsen, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Rutelli, Sanders-ten Holte, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Wallis, Watson

GUE/NGL: Frahm, Krarup, Schmid Herman, Seppänen, Sjöstedt

NI: Beysen, Claeys, Dillen, de Gaulle, Gollnisch, Hager, Lang, Martinez, Sichrovsky, Stirbois

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Beazley, Berend, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brienza, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cushnahan, Daul, Decourrière, Dell'Utri, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Langen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Montfort, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Ripoll y Martínez de Bedoya, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Martin Hans-Peter

UEN: Camre

Abstention: 13

EDD: Booth, Farage, Titford

GUE/NGL: Bordes, Cauquil, Laguiller, Sylla

NI: Borghezio, Garaud, Gobbo, Mennea, Speroni

PPE-DE: Costa Raffaele

---

TEXTS ADOPTED

P5_TA(2003)0445

Sweeteners for foodstuffs ***II

European Parliament legislative resolution on the Council common position with a view to the adoption of a European Parliament and Council Directive amending Directive 94/35/EC on sweeteners for use in foodstuffs (9714/1/2003 — C5-0299/2003 — 2002/0152(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (9714/1/2003 — C5-0299/2003) (1), |
| --- | --- |

—

having regard to the Council common position (9714/1/2003 — C5-0299/2003) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2002) 375) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2002) 375) (3),

| — | having regard to the Commission's amended proposal (COM(2003) 277) (4), |
| --- | --- |

—

having regard to the Commission's amended proposal (COM(2003) 277) (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 (A5-0345/2003), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0345/2003),

| 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)  Not yet published in OJ.

(2)  Texts Adopted, 10.4.2003, P5_TA(2003)0183.

(3)  OJ C 262 E, 29.10.2002, p. 429.

(4)  Not yet published in OJ.

P5_TC2-COD(2002)0152

Position of the European Parliament adopted at second reading on 22 October 2003 with a view to the adoption of European Parliament and Council Directive 2003/.../EC amending Directive 94/35/EC on sweeteners for use in foodstuffs

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

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

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

After consultation of the Scientific Committee on Food, pursuant to Article 6 of 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 (3),

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

Whereas:

| (1) | Directive 94/35/EC of the European Parliament and of the Council of 30 June 1994 on sweeteners for use in foodstuffs (5) lays down a list of sweeteners that may be used in the Community and their conditions of use. |
| --- | --- |

(1)

Directive 94/35/EC of the European Parliament and of the Council of 30 June 1994 on sweeteners for use in foodstuffs (5) lays down a list of sweeteners that may be used in the Community and their conditions of use.

| (2) | Since 1996, two new sweeteners, sucralose and the salt of aspartame and acesulfame, have been found acceptable for use in food by the Scientific Committee on Food. |
| --- | --- |

(2)

Since 1996, two new sweeteners, sucralose and the salt of aspartame and acesulfame, have been found acceptable for use in food by the Scientific Committee on Food.

| (3) | The opinion of the Scientific Committee on Food on cyclamic acid and its sodium and calcium salts (which led to the establishment of a new Acceptable Daily Intake (ADI)) and recent studies on the intake of cyclamates lead to a reduction of the maximum usable doses of cyclamic acid and its sodium and calcium salts. |
| --- | --- |

(3)

The opinion of the Scientific Committee on Food on cyclamic acid and its sodium and calcium salts (which led to the establishment of a new Acceptable Daily Intake (ADI)) and recent studies on the intake of cyclamates lead to a reduction of the maximum usable doses of cyclamic acid and its sodium and calcium salts.

| (4) | The designation of certain food categories in Directive 94/35/EC should be adapted to take into account Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (6) and of specific Directives adopted for some groups of foodstuffs listed in Annex I of Council Directive 89/398/EEC (7). |
| --- | --- |

(4)

The designation of certain food categories in Directive 94/35/EC should be adapted to take into account Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (6) and of specific Directives adopted for some groups of foodstuffs listed in Annex I of Council Directive 89/398/EEC (7).

| (5) | The use of food additives concerned complies with the general criteria laid down in Annex II to Directive 89/107/EEC. |
| --- | --- |

(5)

The use of food additives concerned complies with the general criteria laid down in Annex II to Directive 89/107/EEC.

| (6) | Articles 53 and 54 of 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 (8) establish procedures for taking emergency measures in relation to food of Community origin or imported from a third country. They allow the Commission to adopt such measures in situations where food 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. |
| --- | --- |

(6)

Articles 53 and 54 of 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 (8) establish procedures for taking emergency measures in relation to food of Community origin or imported from a third country. They allow the Commission to adopt such measures in situations where food 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.

| (7) | The measures necessary for implementation of Directive 94/35/EC 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). |
| --- | --- |

(7)

The measures necessary for implementation of Directive 94/35/EC 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).

| (8) | Directive 94/35/EC should therefore be amended accordingly, |
| --- | --- |

(8)

Directive 94/35/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 94/35/EC is hereby amended as follows:

| 1) | Article 4 shall be replaced by the following:
  ‘Article 4
  It may be decided in accordance with the procedure laid down in Article 7:






  — | where there are differences of opinion as to whether sweeteners can be used in a given foodstuff under the terms of this Directive, whether that foodstuff is to be considered as belonging to one of the categories listed in the third column of the Annex, and |
| --- | --- | --- |

1)

Article 4 shall be replaced by the following:

‘Article 4

It may be decided in accordance with the procedure laid down in Article 7:

—

where there are differences of opinion as to whether sweeteners can be used in a given foodstuff under the terms of this Directive, whether that foodstuff is to be considered as belonging to one of the categories listed in the third column of the Annex, and

| — | whether a food additive listed in the Annex and authorised at “quantum satis” is used in accordance with the criteria referred to in Article 2.’ |
| --- | --- |

—

whether a food additive listed in the Annex and authorised at “quantum satis” is used in accordance with the criteria referred to in Article 2.’

| 2) | A third indent shall be added to Article 5(2):






  ‘— | salt of aspartame and acesulfame: “contains a source of phenylalanine”’ |
| --- | --- | --- |

2)

A third indent shall be added to Article 5(2):

‘—

salt of aspartame and acesulfame: “contains a source of phenylalanine”’

| 3) | Article 7 shall be replaced by the following:
  ‘Article 7
  1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 (10), hereinafter referred to as “the Committee”
  2.   Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC (11) shall apply, having regard of 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.

  (10)  OJ L 31, 1.2.2002, p. 1."


  (11)  Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23).’" |
| --- | --- |

3)

Article 7 shall be replaced by the following:

‘Article 7

1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 (10), hereinafter referred to as “the Committee”

2.   Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC (11) shall apply, having regard of 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.

(10)  OJ L 31, 1.2.2002, p. 1."

(11)  Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23).’"

| 4) | The Annex shall be amended in accordance with the Annex to this Directive. |
| --- | --- |

4)

The Annex shall be amended in accordance with the Annex to this Directive.

Article 2

By ... (12) at the latest, the Commission shall submit a report to the European Parliament and the Council outlining the progress made in the re-evaluations of additives under way and setting out a provisional calendar for future re-evaluations, especially those for sucralose and salt of aspartame-acesulfame. These re-evaluations shall be carried out on the basis of consumer data supplied by the Member States and shall take account of the effects of additives on vulnerable population groups.

Article 3

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive in order to:

| — | authorise trade in and use of products conforming with this Directive by ... (13) at the latest, |
| --- | --- |

—

authorise trade in and use of products conforming with this Directive by ... (13) at the latest,

| — | prohibit trade in and use of products not conforming with this Directive by ... (14) at the latest; however, products placed on the market before that date which do not comply with this Directive may be marketed until ... (15). |
| --- | --- |

—

prohibit trade in and use of products not conforming with this Directive by ... (14) at the latest; however, products placed on the market before that date which do not comply with this Directive may be marketed until ... (15).

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. Member States shall determine how such reference is to be made.

Article 4

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

Article 5

This Directive is addressed to the Member States.

Done at Brussels, ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 262 E of 29.10.2002, p. 429.

1

(2)  OJ C 85, 8.4.2003, p. 34.

2

(3)  OJ L 40, 11.2.1989, p. 27. Directive as amended by Directive 94/34/EC of the European Parliament and of the Council (OJ L 237, 10.9.1994, p. 1).

3

(4)  Position of the European Parliament of 10 April 2003 (not yet published in the Official Journal), Council Common Position of 25 June 2003 (OJ C 277 E, 18.11.2003, p. 1) and Position of the European Parliament of 22 October 2003 (not yet published in the Official Journal).

4

(5)  OJ L 237, 10.9.1994, p. 3. Directive as amended by Directive 96/83/EC (OJ L 48, 19.2.1997, p. 16).

5

(6)  OJ L 183, 12.7.2002, p. 51.

6

(7)  OJ L 186, 30.6.1989, p. 27. Directive as last amended by Directive 1999/41/EC of the European Parliament and of the Council (OJ L 172, 8.7.1999, p. 38).

7

(8)  OJ L 31, 1.2.2002, p. 1.

8

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

9

(12)  24 months after the entry into force of this Directive.

12

(13)  12 months after the entry into force of this Directive.

13

(14)  18 months after the entry into force of this Directive.

14

(15)  24 months after the entry into force of this Directive.

15

ANNEX

The Annex to Directive 94/35/EC is hereby amended as follows:

| (1) | In the third column of the tables the following categories of foodstuffs shall be renamed:






  (a) | Instead of ‘Complete formulae for weight control intended to replace total daily food intake or an individual meal’ to read ‘Foods intended for use in energy-restricted diets for weight reduction as referred to in Directive 96/8/EC (*)’; |
| --- | --- | --- |

(1)

In the third column of the tables the following categories of foodstuffs shall be renamed:

(a)

Instead of ‘Complete formulae for weight control intended to replace total daily food intake or an individual meal’ to read ‘Foods intended for use in energy-restricted diets for weight reduction as referred to in Directive 96/8/EC (*)’;

| (b) | Instead of ‘Complete formulae and nutritional supplements for use under medical supervision’ to read ‘Dietary foods for special medical purposes as defined in Directive 1999/21/EC (**)’; |
| --- | --- |

(b)

Instead of ‘Complete formulae and nutritional supplements for use under medical supervision’ to read ‘Dietary foods for special medical purposes as defined in Directive 1999/21/EC (**)’;

| (c) | Instead of ‘Liquid food supplements/dietary integrators’ to read ‘Food supplements as defined in Directive 2002/46/EC (***) supplied in a liquid form’; |
| --- | --- |

(c)

Instead of ‘Liquid food supplements/dietary integrators’ to read ‘Food supplements as defined in Directive 2002/46/EC (***) supplied in a liquid form’;

| (d) | Instead of ‘Solid food supplements/dietary integrators’ to read ‘Food supplements as defined in Directive 2002/46/EC supplied in a solid form’; |
| --- | --- |

(d)

Instead of ‘Solid food supplements/dietary integrators’ to read ‘Food supplements as defined in Directive 2002/46/EC supplied in a solid form’;

| (e) | Instead of ‘Food supplements/dietary integrators based on vitamins and/or mineral elements, syrup-type or chewable’ to read ‘Food supplements as defined in Directive 2002/46/EC, based on vitamins and/or mineral elements and supplied in a syrup-type or chewable form’; |
| --- | --- |

(e)

Instead of ‘Food supplements/dietary integrators based on vitamins and/or mineral elements, syrup-type or chewable’ to read ‘Food supplements as defined in Directive 2002/46/EC, based on vitamins and/or mineral elements and supplied in a syrup-type or chewable form’;

| (2) | The following footnotes shall be added after the tables:
  ‘________________






  (*) | Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction (OJ L 55, 6.3.1996, p. 22). |
| --- | --- | --- |

(2)

The following footnotes shall be added after the tables:

‘________________

(*)

Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction (OJ L 55, 6.3.1996, p. 22).

| (**) | Commission Directive 1999/21/EC of 25 March 1999 on dietary foods for special medical purposes (OJ L 91, 7.4.1999, p. 29). |
| --- | --- |

(**)

Commission Directive 1999/21/EC of 25 March 1999 on dietary foods for special medical purposes (OJ L 91, 7.4.1999, p. 29).

| (***) | Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).’ |
| --- | --- |

(***)

Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (OJ L 183, 12.7.2002, p. 51).’

| (3) | For E 951 ‘Aspartame’ the following category shall be added under ‘Confectionery’:






  ‘— Essoblaten | 1000 mg/kg’ |
| --- | --- | --- |

(3)

For E 951 ‘Aspartame’ the following category shall be added under ‘Confectionery’:

‘— Essoblaten

1000 mg/kg’

| 4. | For E 952 cyclamic acid and its sodium and calcium salts:






  a) | for the following categories of foodstuffs, the maximum usable dose of ‘400 mg/l’ shall be replaced by ‘250 mg/l’:






  — | Water-based flavoured drinks, energy-reduced or with no added sugar; |
| --- | --- | --- | --- |

4.

For E 952 cyclamic acid and its sodium and calcium salts:

a)

for the following categories of foodstuffs, the maximum usable dose of ‘400 mg/l’ shall be replaced by ‘250 mg/l’:

—

Water-based flavoured drinks, energy-reduced or with no added sugar;

| — | Milk- and milk derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar. |
| --- | --- |

—

Milk- and milk derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar.

| b) | the following categories of foodstuffs and maximum usable doses shall be deleted:‘





  — Confectionery with no added sugar | 500 mg/kg |
| --- | --- | --- |
| — Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar | 500 mg/kg |
| — Starch-based confectionery, energy-reduced or with no added sugar | 500 mg/kg |
| — Chewing gum with no added sugar | 1500 mg/kg |
| — Breath-freshening micro-sweets, with no added sugar | 2500 mg/kg |
| — Edible ices, energy-reduced or with no added sugar | 250 mg/kg |

b)

the following categories of foodstuffs and maximum usable doses shall be deleted:

— Confectionery with no added sugar

500 mg/kg

— Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar

500 mg/kg

— Starch-based confectionery, energy-reduced or with no added sugar

500 mg/kg

— Chewing gum with no added sugar

1500 mg/kg

— Breath-freshening micro-sweets, with no added sugar

2500 mg/kg

— Edible ices, energy-reduced or with no added sugar

250 mg/kg

| (5) | The following tables shall be added:‘








  EC No | Name | Foodstuffs | Maximum usable dose |
| --- | --- | --- | --- | --- |
| E 955 | Sucralose | Non-alcoholic drinks | |
| — Water-based flavoured drinks, energy-reduced or with no added sugar | 300 mg/l |
| — | Milk- and milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar |

(5)

The following tables shall be added:

EC No

Name

Foodstuffs

Maximum usable dose

E 955

Sucralose

Non-alcoholic drinks

— Water-based flavoured drinks, energy-reduced or with no added sugar

300 mg/l

—

Milk- and milk-derivative-based or fruit-juice-based drinks, energy-reduced or with no added sugar

300 mg/l

Desserts and similar products

— Water-based flavoured desserts, energy-reduced or with no added sugar

400 mg/kg

| — | Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar |
| --- | --- |

—

Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar

400 mg/kg

| — | Fruit- and vegetable-based desserts, energy-reduced or with no added sugar |
| --- | --- |

—

Fruit- and vegetable-based desserts, energy-reduced or with no added sugar

400 mg/kg

— Egg-based desserts, energy-reduced or with no added sugar

400 mg/kg

— Cereal-based desserts, energy-reduced or with no added sugar

400 mg/kg

— Fat-based desserts, energy-reduced or with no added sugar

400 mg/kg

| — | “Snacks”: certain flavours of ready to eat, pre-packed, dry, savoury starch products and coated nuts |
| --- | --- |

—

“Snacks”: certain flavours of ready to eat, pre-packed, dry, savoury starch products and coated nuts

200 mg/kg

Confectionery

— Confectionery with no added sugar

1000 mg/kg

| — | Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar |
| --- | --- |

—

Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar

800 mg/kg

— Starch-based confectionery, energy-reduced or with no added sugar

1000 mg/kg

— Cornets and wafers, for ice cream, with no added sugar

800 mg/kg

— Essoblaten

800 mg/kg

| — | Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar |
| --- | --- |

—

Cocoa-, milk-, dried-fruit- or fat-based sandwich spreads, energy-reduced or with no added sugar

400 mg/kg

| — | Breakfast cereals with a fibre content of more than 15 %, and containing at least 20 % bran, energy-reduced or with no added sugar |
| --- | --- |

—

Breakfast cereals with a fibre content of more than 15 %, and containing at least 20 % bran, energy-reduced or with no added sugar

400 mg/kg

— Breath-freshening micro-sweets with no added sugar

2400 mg/kg

| — | Strongly flavoured freshening throat pastilles with no added sugar |
| --- | --- |

—

Strongly flavoured freshening throat pastilles with no added sugar

1000 mg/kg

— Chewing gum with no added sugar

3000 mg/kg

— Energy-reduced tablet form confectionery

200 mg/kg

— Cider and Perry

50 mg/l

| — | Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine |
| --- | --- |

—

Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine

250 mg/l

— Spirit drinks containing less than 15 % alcohol by volume

250 mg/l

— Alcohol-free beer or with an alcohol content not exceeding 1,2 % vol

250 mg/l

| — | “Bière de table/Tafelbier/Table beer” (original wort content less than 6 %) except for “Obergäriges Einfachbier” |
| --- | --- |

—

“Bière de table/Tafelbier/Table beer” (original wort content less than 6 %) except for “Obergäriges Einfachbier”

250 mg/l

| — | Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH |
| --- | --- |

—

Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH

250 mg/l

— Brown beers of the “oud bruin” type

250 mg/l

— Energy-reduced beer

10 mg/l

— Edible ices, energy-reduced or with no added sugar

320 mg/kg

— Canned or bottled fruit, energy-reduced or with no added sugar

400 mg/kg

— Energy-reduced jams, jellies and marmalades

400 mg/kg

— Energy-reduced fruit and vegetable preparations

400 mg/kg

— Sweet-sour preserves of fruit and vegetables

180 mg/kg

— Feinkostsalat

140 mg/kg

| — | Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs |
| --- | --- |

—

Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs

120 mg/kg

— Energy-reduced soups

45 mg/l

— Sauces

450 mg/kg

— Mustard

140 mg/kg

— Fine bakery products for special nutritional uses

700 mg/kg

| — | Foods intended for use in energy-restricted diets for weight reduction as referred to in Directive 1996/8/EC |
| --- | --- |

—

Foods intended for use in energy-restricted diets for weight reduction as referred to in Directive 1996/8/EC

320 mg/kg

| — | Dietary foods for special medical purposes as defined in Directive 1999/21/EC |
| --- | --- |

—

Dietary foods for special medical purposes as defined in Directive 1999/21/EC

400 mg/kg

| — | Food supplements as defined in Directive 2002/46/EC supplied in a liquid form |
| --- | --- |

—

Food supplements as defined in Directive 2002/46/EC supplied in a liquid form

240 mg/l

| — | Food supplements as defined in Directive 2002/46/EC supplied in a solid form |
| --- | --- |

—

Food supplements as defined in Directive 2002/46/EC supplied in a solid form

800 mg/kg

| — | Food supplements as defined in Directive 2002/46/EC, based on vitamins and/or mineral elements and supplied in a syrup-type or chewable form |
| --- | --- |

—

Food supplements as defined in Directive 2002/46/EC, based on vitamins and/or mineral elements and supplied in a syrup-type or chewable form

2400 mg/kg

| EC No | Name | Foodstuffs | Maximum usable dose
   (1) |
| --- | --- | --- | --- |
| E 962 | Salt of aspartameacesulfame | | |
| Non-alcoholic drinks | |
| — | Water-based flavoured drinks, energy-reduced or with no added sugar |

EC No

Name

Foodstuffs

Maximum usable dose
   (1)

E 962

Salt of aspartameacesulfame

Non-alcoholic drinks

—

Water-based flavoured drinks, energy-reduced or with no added sugar

350 mg/l (a)

| — | Milk- and milk-derivative-based or fruit-juice-based drinks, energyreduced or with no added sugar |
| --- | --- |

—

Milk- and milk-derivative-based or fruit-juice-based drinks, energyreduced or with no added sugar

350 mg/l (a)

Desserts and similar products

| — | Water-based flavoured desserts, energy-reduced or with no added sugar |
| --- | --- |

—

Water-based flavoured desserts, energy-reduced or with no added sugar

350 mg/kg (a)

| — | Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar |
| --- | --- |

—

Milk- and milk-derivative-based preparations, energy-reduced or with no added sugar

350 mg/kg(a)

| — | Fruit- and vegetable-based desserts, energy-reduced or with no added sugar |
| --- | --- |

—

Fruit- and vegetable-based desserts, energy-reduced or with no added sugar

350 mg/kg (a)

— Egg-based desserts, energy-reduced or with no added sugar

350 mg/kg (a)

— Cereal-based desserts, energy-reduced or with no added sugar

350 mg/kg (a)

— Fat-based desserts, energy-reduced or with no added sugar

350 mg/kg (a)

| — | “Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts |
| --- | --- |

—

“Snacks”: certain flavours of ready to eat, prepacked, dry, savoury starch products and coated nuts

500 mg/kg (b)

Confectionery

— Confectionery with no added sugar

500 mg/kg (a)

| — | Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar |
| --- | --- |

—

Cocoa- or dried-fruit-based confectionery, energy-reduced or with no added sugar

500 mg/kg (a)

— Starch-based confectionery, energy-reduced or with no added sugar

1000 mg/kg (a)

— Essoblaten

1000 mg/kg (b)

| — | Cocoa-, milk-, dried-fruit or fat-based sandwich spreads, energy-reduced or with no added sugar |
| --- | --- |

—

Cocoa-, milk-, dried-fruit or fat-based sandwich spreads, energy-reduced or with no added sugar

1000 mg/kg (b)

| — | Breakfast cereals with a fibre content of more than 15 %, and containing at least 20 % bran, energy-reduced or with no added sugar |
| --- | --- |

—

Breakfast cereals with a fibre content of more than 15 %, and containing at least 20 % bran, energy-reduced or with no added sugar

1000 mg/kg (b)

— Breath-freshening micro-sweets with no added sugar

2500 mg/kg (a)

— Chewing gum with no added sugar

2000 mg/kg (a)

— Cider and perry

350 mg/l (a)

| — | Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine |
| --- | --- |

—

Drinks consisting of a mixture of a non-alcoholic drink and beer, cider, perry, spirits or wine

350 mg/l (a)

— Spirit drinks containing less than 15 % alcohol by volume

350 mg/l (a)

— Alcohol-free beer or with an alcohol content not exceeding 1,2 % vol

350 mg/l (a)

| — | “Bière de table/Tafelbier/Table beer” (original wort content less than 6 %) except for “Obergäriges Einfachbier” |
| --- | --- |

—

“Bière de table/Tafelbier/Table beer” (original wort content less than 6 %) except for “Obergäriges Einfachbier”

350 mg/l (a)

| — | Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH |
| --- | --- |

—

Beers with a minimum acidity of 30 milli-equivalents expressed as NaOH

350 mg/l (a)

— Brown beers of the “oud bruin” type

350 mg/l (a)

— Energy-reduced beer

25 mg/l (b)

— Edible ices, energy-reduced or with no added sugar

800 mg/kg (b)

— Canned or bottled fruit, energy-reduced or with no added sugar

350 mg/kg (a)

— Energy-reduced jams, jellies and marmalades

1000 mg/kg (b)

— Energy-reduced fruit and vegetable preparations

350 mg/kg (a)

— Sweet-sour preserves of fruit and vegetables

200 mg/kg (a)

— Feinkostsalat

350 mg/kg (b)

| — | Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs |
| --- | --- |

—

Sweet-sour preserves and semi-preserves of fish and marinades of fish, crustaceans and molluscs

200 mg/kg (a)

— Energy-reduced soups

110 mg/l (b)

— Sauces

350 mg/kg (b)

— Mustard

350 mg/kg (b)

— Fine bakery products for special nutritional uses

1000 mg/kg (a)

| — | Foods intended for use in energy-restricted diets for weight reduction as referred to in Directive 1996/8/EC |
| --- | --- |

—

Foods intended for use in energy-restricted diets for weight reduction as referred to in Directive 1996/8/EC

450 mg/kg (a)

| — | Dietary foods for special medical purposes as defined in Directive 1999/21/EC |
| --- | --- |

—

Dietary foods for special medical purposes as defined in Directive 1999/21/EC

450 mg/kg (a)

| — | Food supplements as defined in Directive 2002/46/EC supplied in a liquid form |
| --- | --- |

—

Food supplements as defined in Directive 2002/46/EC supplied in a liquid form

350 mg/l (a)

| — | Food supplements as defined in Directive 2002/46/EC supplied in a solid form |
| --- | --- |

—

Food supplements as defined in Directive 2002/46/EC supplied in a solid form

350 mg/kg (a)

| — | Food supplements as defined in Directive 2002/46/EC, based on vitamins and/or mineral elements and supplied in a syrup-type or chewable form |
| --- | --- |

—

Food supplements as defined in Directive 2002/46/EC, based on vitamins and/or mineral elements and supplied in a syrup-type or chewable form

2000 mg/kg (a)

---

(1)  Maximum usable doses for the salt of aspartame-acesulfame are derived from the maximum usable doses for its constituent parts, aspartame (E951) and acesulfame-K (E950). The maximum usable doses for both aspartame (E951) and acesulfame-K (E950) are not to be exceeded by use of the salt of aspartame-acesulfame, either alone or in combination with E950 or E951. Limits in this column are expressed either as (a) acesulfame-K equivalents or (b) aspartame equivalents.’

P5_TA(2003)0446

Insurance against civil liability for motor vehicles ***I

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC, 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council on insurance against civil liability in respect of the use of motor vehicles (COM(2002) 244 — C5-0269/2002 — 2002/0124(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 244) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 244) (1),

| — | having regard to Article 251(2) and Articles 47, 55 and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0269/2002), |
| --- | --- |

—

having regard to Article 251(2) and Articles 47, 55 and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0269/2002),

| — | 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 (A5-0346/2003), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0346/2003),

| 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 the Commission. |
| --- | --- |

3.

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

---

(1)  OJ C 227 E, 24.9.2002, p. 387.

P5_TC1-COD(2002)0124

Position of the European Parliament adopted at first reading on 22 October 2003 with a view to the adoption of Directive 2003/..../EC of the European Parliament and of the Council amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC, 90/232/EEC and Directive 2000/26/EC on insurance against civil liability in respect of the use of motor vehicles

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the first and third sentences of Article 47(2), Article 55 and Article 95(1) thereof,

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

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

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

Whereas:

| (1) | Insurance against civil liability in respect of the use of motor vehicles (motor insurance) is of special importance for European citizens, whether they are policyholders or victims of an accident. It is also a major concern for insurance undertakings as it constitutes the bulk of non-life insurance business in the Community. Motor insurance also has an impact on the free movement of persons and vehicles. It should therefore be a key objective of Community action in the field of financial services to reinforce and consolidate the single insurance market in motor insurance. |
| --- | --- |

(1)

Insurance against civil liability in respect of the use of motor vehicles (motor insurance) is of special importance for European citizens, whether they are policyholders or victims of an accident. It is also a major concern for insurance undertakings as it constitutes the bulk of non-life insurance business in the Community. Motor insurance also has an impact on the free movement of persons and vehicles. It should therefore be a key objective of Community action in the field of financial services to reinforce and consolidate the single insurance market in motor insurance.

| (2) | Very significant advances in this direction have already been achieved by Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability (4), by Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (5), by Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (6) and by Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive) (7). |
| --- | --- |

(2)

Very significant advances in this direction have already been achieved by Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability (4), by Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (5), by Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (6) and by Directive 2000/26/EC of the European Parliament and of the Council of 16 May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/EEC and 88/357/EEC (Fourth motor insurance Directive) (7).

| (3) | The Community system of motor insurance needs to be updated and improved. This need has been confirmed by the consultation conducted with the industry, consumers and victims' associations |
| --- | --- |

(3)

The Community system of motor insurance needs to be updated and improved. This need has been confirmed by the consultation conducted with the industry, consumers and victims' associations

| (4) | Claims for damages arising from an accident caused by a vehicle with a trailer often fail because, although the trailer number plate is known, neither the towing motor vehicle nor its insurer can be identified. Hence there is a need to harmonise the various provisions in the Member States and treat a trailer as equivalent to a motor vehicle. For this purpose the definition of a trailer is required. |
| --- | --- |

(4)

Claims for damages arising from an accident caused by a vehicle with a trailer often fail because, although the trailer number plate is known, neither the towing motor vehicle nor its insurer can be identified. Hence there is a need to harmonise the various provisions in the Member States and treat a trailer as equivalent to a motor vehicle. For this purpose the definition of a trailer is required.

| (5) | In order to exclude any possible misinterpretation of the current provisions of Directive 72/166/EEC and to make it easier to obtain insurance cover for vehicles bearing temporary plates, the definition of the territory in which the vehicle is normally based should refer to the territory of the State of which the vehicle bears a registration plate, irrespective of whether such a plate is permanent or temporary. |
| --- | --- |

(5)

In order to exclude any possible misinterpretation of the current provisions of Directive 72/166/EEC and to make it easier to obtain insurance cover for vehicles bearing temporary plates, the definition of the territory in which the vehicle is normally based should refer to the territory of the State of which the vehicle bears a registration plate, irrespective of whether such a plate is permanent or temporary.

| (6) | In accordance with Directive 72/166/EEC, vehicles bearing false or illegal plates are considered to be normally based in the territory of the Member State that issued the plates in question. This rule often means that national bureaux are obliged to deal with the economic consequences of accidents which do not have any connection with the Member State where they are established. Without altering the general criterion of the registration plate to determine the territory in which the vehicle is normally based, a special rule should be provided in the case of an accident caused by a vehicle without a registration plate or bearing a registration plate which does not correspond or no longer corresponds to the vehicle. In this case and for the sole purpose of settling the claim, the territory in which the vehicle is normally based should be the territory in which the accident took place. |
| --- | --- |

(6)

In accordance with Directive 72/166/EEC, vehicles bearing false or illegal plates are considered to be normally based in the territory of the Member State that issued the plates in question. This rule often means that national bureaux are obliged to deal with the economic consequences of accidents which do not have any connection with the Member State where they are established. Without altering the general criterion of the registration plate to determine the territory in which the vehicle is normally based, a special rule should be provided in the case of an accident caused by a vehicle without a registration plate or bearing a registration plate which does not correspond or no longer corresponds to the vehicle. In this case and for the sole purpose of settling the claim, the territory in which the vehicle is normally based should be the territory in which the accident took place.

| (7) | In order to facilitate the interpretation and application of the term ‘random checks’ in Directive 72/166/EEC, the relevant provision should be clarified. The prohibition of systematic checks on motor insurance should apply to vehicles normally based in the territory of another Member State as well as to vehicles normally based in the territory of a third country but entering from the territory of another Member State. Only non-systematic checks which are not discriminatory and are carried out as part of a police
  control may
  be permitted. |
| --- | --- |

(7)

In order to facilitate the interpretation and application of the term ‘random checks’ in Directive 72/166/EEC, the relevant provision should be clarified. The prohibition of systematic checks on motor insurance should apply to vehicles normally based in the territory of another Member State as well as to vehicles normally based in the territory of a third country but entering from the territory of another Member State. Only non-systematic checks which are not discriminatory and are carried out as part of a police
  control may
  be permitted.

| (8) | Directive 72/166/EEC permits Member States to derogate in certain cases from the general obligation to take out compulsory motor vehicle insurance. In some of these cases, Member States must ensure that compensation is paid in respect of any loss or injury caused in the territory of another Member State. Such a derogation, which does not jeopardise protection of the victims, should be maintained. In other cases the Member State applying the derogation is not obliged to pay compensation to the victim of an accident occurring abroad so long as other Member States are allowed to require, at the entry into their territory, a valid green card or a frontier insurance contract. However, since the elimination of border controls within the Community, compensation for victims of accidents caused abroad by such non-insured vehicles has ceased to be guaranteed. Derogation in those cases, as provided for in Directive 72/166/EEC, should therefore no longer be permitted. The corresponding provisions in Directive 2000/26/EC should also be deleted. |
| --- | --- |

(8)

Directive 72/166/EEC permits Member States to derogate in certain cases from the general obligation to take out compulsory motor vehicle insurance. In some of these cases, Member States must ensure that compensation is paid in respect of any loss or injury caused in the territory of another Member State. Such a derogation, which does not jeopardise protection of the victims, should be maintained. In other cases the Member State applying the derogation is not obliged to pay compensation to the victim of an accident occurring abroad so long as other Member States are allowed to require, at the entry into their territory, a valid green card or a frontier insurance contract. However, since the elimination of border controls within the Community, compensation for victims of accidents caused abroad by such non-insured vehicles has ceased to be guaranteed. Derogation in those cases, as provided for in Directive 72/166/EEC, should therefore no longer be permitted. The corresponding provisions in Directive 2000/26/EC should also be deleted.

| (9) | Vehicles which are driven to only a very limited extent on the public highway are also included in the certain types of vehicle referred to in Article 4(b) of Directive 72/166/EEC. They include, in particular, trailers used in agriculture and forestry which do not require registration and self-propelled machines. They are not subject to any obligation to be equipped with an additional registration plate. |
| --- | --- |

(9)

Vehicles which are driven to only a very limited extent on the public highway are also included in the certain types of vehicle referred to in Article 4(b) of Directive 72/166/EEC. They include, in particular, trailers used in agriculture and forestry which do not require registration and self-propelled machines. They are not subject to any obligation to be equipped with an additional registration plate.

| (10) | The costs of pursuing claims are as a rule an indispensable element of any settlement of damages. They form part of the damages and cover the costs to the accident victim (telephone charges, postage, etc), costs of medical and technical expert services, costs of extra-judicial legal consultations, costs of legal representation and court costs. Such costs should be reimbursed where they are necessary and appropriate. In the event of an accident in another country they are almost always unavoidable. |
| --- | --- |

(10)

The costs of pursuing claims are as a rule an indispensable element of any settlement of damages. They form part of the damages and cover the costs to the accident victim (telephone charges, postage, etc), costs of medical and technical expert services, costs of extra-judicial legal consultations, costs of legal representation and court costs. Such costs should be reimbursed where they are necessary and appropriate. In the event of an accident in another country they are almost always unavoidable.

| (11) | Member States' obligations to guarantee insurance cover beyond certain minimum amounts constitute an important element in ensuring the protection of the victims. The minimum amounts provided for by Directive 84/5/EEC should not only be updated to take account of inflation but should be increased in real terms to improve the protection of victims. Moreover, the current overall minimum amount per claim for personal injuries in the case of more than one victim, as well as the combined amount for personal injuries and damage to property, which reduce the effective insurance cover of victims in certain accidents, should be abolished. |
| --- | --- |

(11)

Member States' obligations to guarantee insurance cover beyond certain minimum amounts constitute an important element in ensuring the protection of the victims. The minimum amounts provided for by Directive 84/5/EEC should not only be updated to take account of inflation but should be increased in real terms to improve the protection of victims. Moreover, the current overall minimum amount per claim for personal injuries in the case of more than one victim, as well as the combined amount for personal injuries and damage to property, which reduce the effective insurance cover of victims in certain accidents, should be abolished.

| (12) | A review of Article 1(2) of Directive 84/5/EEC is, after nearly twenty years, long overdue. Unlimited cover is rejected by parts of the insurance industry on the grounds that it entails substantial technical accounting risks. The amount of the minimum sum insured for personal injury must be calculated to ensure that accident victims with very severe injuries are sufficiently protected. It must be regarded as extremely rare for two or more such very severe injuries to occur in a single accident. Hence a minimum sum insured of EUR 5 million per accident seems to be sufficient. The minimum sum insured for damage to property must take account of cases in which damage can occur on a massive scale. In such cases a minimum sum of EUR 2 million seems to be sufficient. |
| --- | --- |

(12)

A review of Article 1(2) of Directive 84/5/EEC is, after nearly twenty years, long overdue. Unlimited cover is rejected by parts of the insurance industry on the grounds that it entails substantial technical accounting risks. The amount of the minimum sum insured for personal injury must be calculated to ensure that accident victims with very severe injuries are sufficiently protected. It must be regarded as extremely rare for two or more such very severe injuries to occur in a single accident. Hence a minimum sum insured of EUR 5 million per accident seems to be sufficient. The minimum sum insured for damage to property must take account of cases in which damage can occur on a massive scale. In such cases a minimum sum of EUR 2 million seems to be sufficient.

| (13) | In order to ensure that the minimum amount of cover is not eroded over time, a periodic review clause should be introduced using as a benchmark the European Index of Consumer Prices (EICP) published by Eurostat, as provided for in Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices (8). The procedural rules governing such a review need to be established. |
| --- | --- |

(13)

In order to ensure that the minimum amount of cover is not eroded over time, a periodic review clause should be introduced using as a benchmark the European Index of Consumer Prices (EICP) published by Eurostat, as provided for in Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices (8). The procedural rules governing such a review need to be established.

| (14) | The provision in Directive 84/5/EEC allowing Member States, in the interest of preventing fraud, to limit or exclude payments by the compensation body in the case of damage to property by an unidentified vehicle is liable to impede legitimate compensation of victims in some cases. The option to limit or exclude compensation should not apply where, in addition to damage to property, significant personal injuries have been caused by the same accident and therefore the risk of fraud is negligible. The meaning of significant personal injuries should be determined by each Member State's national legislation. |
| --- | --- |

(14)

The provision in Directive 84/5/EEC allowing Member States, in the interest of preventing fraud, to limit or exclude payments by the compensation body in the case of damage to property by an unidentified vehicle is liable to impede legitimate compensation of victims in some cases. The option to limit or exclude compensation should not apply where, in addition to damage to property, significant personal injuries have been caused by the same accident and therefore the risk of fraud is negligible. The meaning of significant personal injuries should be determined by each Member State's national legislation.

| (15) | At present, an option contained in Directive 84/5/EEC allows Member States to authorise, up to a specified ceiling, excesses for which the victim would be responsible in the event of damage to property caused by uninsured vehicles. That option unjustly reduces the protection of victims and creates discrimination with respect to victims of other accidents. It should therefore no longer be permitted. |
| --- | --- |

(15)

At present, an option contained in Directive 84/5/EEC allows Member States to authorise, up to a specified ceiling, excesses for which the victim would be responsible in the event of damage to property caused by uninsured vehicles. That option unjustly reduces the protection of victims and creates discrimination with respect to victims of other accidents. It should therefore no longer be permitted.

| (16) | Second Council Directive 88/357/EEC of 22 June 1988 on the co-ordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC
   (9)
  should be amended in order to permit branches of insurance undertakings to become representatives with respect to motor insurance activities, as already happens with respect to insurance services other than motor insurance. |
| --- | --- |

(16)

Second Council Directive 88/357/EEC of 22 June 1988 on the co-ordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC
   (9)
  should be amended in order to permit branches of insurance undertakings to become representatives with respect to motor insurance activities, as already happens with respect to insurance services other than motor insurance.

| (17) | The inclusion within the insurance cover of any passenger in the vehicle is a major achievement of the existing legislation. This objective would be placed in jeopardy if national legislation excluded passengers from insurance cover because they knew or should have known that the driver of the vehicle was under the influence of alcohol or of any other intoxicating agent at the time of the accident. The passenger is not usually in a position to assess the intoxication level of the driver properly. The objective of discouraging persons from driving whilst under the influence of intoxicating agents is not achieved by reducing the insurance cover for passengers who are victims of motor vehicle accidents. Cover of these passengers under the vehicle's compulsory motor insurance does not prejudge any hypothetical liability they might have incurred pursuant to the applicable national legislation, nor the level of any award of damages in a specific
  accident
  . |
| --- | --- |

(17)

The inclusion within the insurance cover of any passenger in the vehicle is a major achievement of the existing legislation. This objective would be placed in jeopardy if national legislation excluded passengers from insurance cover because they knew or should have known that the driver of the vehicle was under the influence of alcohol or of any other intoxicating agent at the time of the accident. The passenger is not usually in a position to assess the intoxication level of the driver properly. The objective of discouraging persons from driving whilst under the influence of intoxicating agents is not achieved by reducing the insurance cover for passengers who are victims of motor vehicle accidents. Cover of these passengers under the vehicle's compulsory motor insurance does not prejudge any hypothetical liability they might have incurred pursuant to the applicable national legislation, nor the level of any award of damages in a specific
  accident
  .

| (18) | Some
  insurance undertakings insert into insurance policies clauses to the effect that the contract will be cancelled if the vehicle remains outside the Member State of registration for longer than a specified period. This practice is in conflict with the principle set out in Directive 90/232/EEC, according to which the compulsory motor insurance should cover on the basis of a single premium the entire territory of the Community. It should therefore be specified that the insurance cover should remain valid during the whole term of the contract, irrespective of whether the vehicle remains in another Member State for a particular period, without prejudice to the obligations under Member States' national legislation with respect to the registration of vehicles. |
| --- | --- |

(18)

Some
  insurance undertakings insert into insurance policies clauses to the effect that the contract will be cancelled if the vehicle remains outside the Member State of registration for longer than a specified period. This practice is in conflict with the principle set out in Directive 90/232/EEC, according to which the compulsory motor insurance should cover on the basis of a single premium the entire territory of the Community. It should therefore be specified that the insurance cover should remain valid during the whole term of the contract, irrespective of whether the vehicle remains in another Member State for a particular period, without prejudice to the obligations under Member States' national legislation with respect to the registration of vehicles.

| (19) | Steps should be taken to make it easier for consumers to obtain insurance cover for vehicles despatched from one Member State to another, for the period between acceptance of delivery by the purchaser and registration of the vehicle in the Member State of destination. A temporary derogation from the general rule determining the Member State where the risk is situated should be introduced. For a period of thirty days after acceptance of delivery by the purchaser, the Member State of destination, and not the Member State of registration, should be regarded as the Member State where the risk is situated. |
| --- | --- |

(19)

Steps should be taken to make it easier for consumers to obtain insurance cover for vehicles despatched from one Member State to another, for the period between acceptance of delivery by the purchaser and registration of the vehicle in the Member State of destination. A temporary derogation from the general rule determining the Member State where the risk is situated should be introduced. For a period of thirty days after acceptance of delivery by the purchaser, the Member State of destination, and not the Member State of registration, should be regarded as the Member State where the risk is situated.

| (20) | The person wishing to take out a new motor insurance contract with another insurer should be able to justify his accident and claims record under the old contract. Upon termination of the contract, the insurance undertaking should provide the policyholder with a statement relating to claims or the absence of claims during the term of the contract within the preceding five years, without prejudice to the right of the parties to an insurance contract to establish the contract premium. |
| --- | --- |

(20)

The person wishing to take out a new motor insurance contract with another insurer should be able to justify his accident and claims record under the old contract. Upon termination of the contract, the insurance undertaking should provide the policyholder with a statement relating to claims or the absence of claims during the term of the contract within the preceding five years, without prejudice to the right of the parties to an insurance contract to establish the contract premium.

| (21) | In order to ensure due protection for the victims of motor vehicle accidents, Member States should not permit excesses to be relied on against an injured party. |
| --- | --- |

(21)

In order to ensure due protection for the victims of motor vehicle accidents, Member States should not permit excesses to be relied on against an injured party.

| (22) | The right to invoke the insurance contract and to claim against the insurance undertaking directly is of great importance for the protection of the victim of any motor-vehicle accident. Directive 2000/26/EC already provides victims of accidents occurring in a Member State other than the Member State of residence of the injured party, which are caused by the use of vehicles insured and normally based in a Member State, with a right of direct action against the insurance undertaking covering the responsible person against civil liability. In order to facilitate an efficient and speedy settlement of claims and to avoid as far as possible costly legal proceedings, this right should be extended to victims of any motor vehicle accident. |
| --- | --- |

(22)

The right to invoke the insurance contract and to claim against the insurance undertaking directly is of great importance for the protection of the victim of any motor-vehicle accident. Directive 2000/26/EC already provides victims of accidents occurring in a Member State other than the Member State of residence of the injured party, which are caused by the use of vehicles insured and normally based in a Member State, with a right of direct action against the insurance undertaking covering the responsible person against civil liability. In order to facilitate an efficient and speedy settlement of claims and to avoid as far as possible costly legal proceedings, this right should be extended to victims of any motor vehicle accident.

| (23) | Regulation of the period within which accident victims may claim damages varies widely in the European Union. The limitation periods laid down in law range from one year (Spain), through two years (Italy), three years (Germany, Austria, Finland and Portugal), five years (Belgium, the Netherlands and Denmark) and 10 years (France) to 30 years (Luxembourg). Moreover, the beginning of the limitation period is determined by either objective or subjective criteria. It therefore seems appropriate to establish a uniform limitation period. The competence of the Community to establish a direct right of action includes the power to lay down the limitation period. A period of four years from the date of the accident would seem to be appropriate. |
| --- | --- |

(23)

Regulation of the period within which accident victims may claim damages varies widely in the European Union. The limitation periods laid down in law range from one year (Spain), through two years (Italy), three years (Germany, Austria, Finland and Portugal), five years (Belgium, the Netherlands and Denmark) and 10 years (France) to 30 years (Luxembourg). Moreover, the beginning of the limitation period is determined by either objective or subjective criteria. It therefore seems appropriate to establish a uniform limitation period. The competence of the Community to establish a direct right of action includes the power to lay down the limitation period. A period of four years from the date of the accident would seem to be appropriate.

| (24) | In
  order to make it easier for the injured party to seek compensation, the information centres set up in accordance with Directive 2000/26/EC should not be confined to providing information concerning the accidents covered by that Directive but should be able to provide the same kind of information for any motor vehicle accident. |
| --- | --- |

(24)

In
  order to make it easier for the injured party to seek compensation, the information centres set up in accordance with Directive 2000/26/EC should not be confined to providing information concerning the accidents covered by that Directive but should be able to provide the same kind of information for any motor vehicle accident.

| (25) | A trailer represents an independent source of hazard over and above that constituted by the towing vehicle. Hence it would seem justified to treat a trailer as equivalent to a motor vehicle for the purposes of all provisions, including those on compulsory cover. |
| --- | --- |

(25)

A trailer represents an independent source of hazard over and above that constituted by the towing vehicle. Hence it would seem justified to treat a trailer as equivalent to a motor vehicle for the purposes of all provisions, including those on compulsory cover.

| (26) | Under Article 11(2) in conjunction with Article 9(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (10), injured parties may bring legal proceedings against the civil liability insurance provider in the Member State in which they are domiciled. |
| --- | --- |

(26)

Under Article 11(2) in conjunction with Article 9(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (10), injured parties may bring legal proceedings against the civil liability insurance provider in the Member State in which they are domiciled.

| (27) | In many Member States accident documentation held or compiled by the police, the public prosecutor or other authorities is late in being made available to accident victims and insurers — if it reaches them at all. This delays the settlement of accident claims. Establishing a central office would appear to be the only solution for some Member States. |
| --- | --- |

(27)

In many Member States accident documentation held or compiled by the police, the public prosecutor or other authorities is late in being made available to accident victims and insurers — if it reaches them at all. This delays the settlement of accident claims. Establishing a central office would appear to be the only solution for some Member States.

| (28) | Directives 72/166/EEC, 84/5/EEC, 88/357/EEC, 90/232/EEC and 2000/26/EC should therefore be amended accordingly, |
| --- | --- |

(28)

Directives 72/166/EEC, 84/5/EEC, 88/357/EEC, 90/232/EEC and 2000/26/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 72/166/EEC

Directive 72/166/EEC is amended as follows:

| (1) | In Article 1, point 1 is replaced by the following:








  ‘
  1. | “vehicle” means any motor vehicle intended for travel on land and propelled by mechanical power, but not running on rails; |
| --- | --- | --- |

(1)

In Article 1, point 1 is replaced by the following:

‘
  1.

| 1a. | “trailers” means caravans and single- or multiple-axle trailers with a permitted maximum weight of more than 750 kg that are intended to be towed by a motor vehicle, whether or not coupled;
  ’ |
| --- | --- |

1a.

| (2) | In Article 1, point 4 is amended as follows:






  (a) | The first indent is replaced by the following:






  ‘— | the territory of the State of which the vehicle bears a registration plate, irrespective of whether the plate is permanent or temporary; or’ |
| --- | --- | --- | --- |

(2)

In Article 1, point 4 is amended as follows:

(a)

The first indent is replaced by the following:

‘—

the territory of the State of which the vehicle bears a registration plate, irrespective of whether the plate is permanent or temporary; or’

| (b) | The following indent is added:






  ‘— | in cases where vehicles do not bear any registration plate or bear a registration plate which does not correspond or no longer corresponds to the vehicle and have been involved in an accident, the territory of the State in which the accident took place, for the purpose of settling the claim as provided for in the first indent of Article 2(2);’ |
| --- | --- | --- |

(b)

The following indent is added:

‘—

in cases where vehicles do not bear any registration plate or bear a registration plate which does not correspond or no longer corresponds to the vehicle and have been involved in an accident, the territory of the State in which the accident took place, for the purpose of settling the claim as provided for in the first indent of Article 2(2);’

| (3) | In Article 2, paragraph 1 is replaced by the following:
  ‘1.   Member States shall refrain from making checks on insurance against civil liability in respect of vehicles normally based in the territory of another Member State and in respect of vehicles normally based in the territory of a third country entering their territory from the territory of another Member State.
  However, they may carry out non-systematic checks on insurance provided that they are not discriminatory and are carried out as part of a police
  control
  .’ |
| --- | --- |

(3)

In Article 2, paragraph 1 is replaced by the following:

‘1.   Member States shall refrain from making checks on insurance against civil liability in respect of vehicles normally based in the territory of another Member State and in respect of vehicles normally based in the territory of a third country entering their territory from the territory of another Member State.

However, they may carry out non-systematic checks on insurance provided that they are not discriminatory and are carried out as part of a police
  control
  .’

| (4) | In Article 4, point (b) is
  replaced by the following:








  ‘
  b) | certain types of vehicle or certain vehicles not designed to travel on public roads; such vehicles shall be determined by each Member State and shall bear a special registration plate; the Member States shall notify the other Member States and the Commission about these vehicles and their plates.



  In that case, the other Member States shall retain the right to require the driver of such a vehicle, while it is travelling on their territory, to produce proof of insurance cover valid in that Member State. The driver shall be required to carry such proof of insurance with him and to show it voluntarily when checked.
  ’ |
| --- | --- | --- |

(4)

In Article 4, point (b) is
  replaced by the following:

‘
  b)

In that case, the other Member States shall retain the right to require the driver of such a vehicle, while it is travelling on their territory, to produce proof of insurance cover valid in that Member State. The driver shall be required to carry such proof of insurance with him and to show it voluntarily when checked.
  ’

Article 2

Amendments to Directive 84/5/EEC

Article 1 of Directive 84/5/EEC is replaced by the following:

‘Article 1

1.   The insurance referred to in Article 3(1) of Directive 72/166/EEC shall cover compulsorily both damage to property and personal injuries,
  together with the necessary and appropriate costs of pursuing claims.

2.   Without prejudice to any higher guarantees which Member States may lay down, each Member State shall require insurance to be compulsory at least in respect of the following amounts:

| (a) | in the case of personal injury,
  EUR 5 000 000
  per
  claim
  , |
| --- | --- |

(a)

in the case of personal injury,
  EUR 5 000 000
  per
  claim
  ,

| (b) | in the case of damage to property,
  EUR 2 000 000
  per
  claim
  . |
| --- | --- |

(b)

in the case of damage to property,
  EUR 2 000 000
  per
  claim
  .

Member States may request from the Commission a transition period of up to five years starting from ... (11) to adapt their minimum amounts to the amounts set in points (a) and (b).

3.   
  Five years after the expiry of the five-year transition period provided for in paragraph 2, the amounts set in that paragraph shall be revised upwards on the basis of a proposal from the Commission in the light of the experience gained in applying the said amounts
  .

The amounts shall be adjusted automatically. Such amounts shall be increased by the percentage change indicated by the EICP for the relevant period, that is to say, the five years immediately preceding the review, and rounded up to a multiple of EUR 10 000.

The Commission shall communicate the adjusted amounts to the European Parliament and the Council and shall ensure their publication in the Official Journal of the European Union.

4.   Each Member State shall set up or authorise a body with the task of providing compensation, at least up to the limits of the insurance obligation for damage to property or personal injuries caused by an unidentified vehicle or a vehicle for which the insurance obligation provided for in paragraph 1 has not been satisfied.

The first subparagraph shall be without prejudice to the right of the Member States to regard compensation by that body as subsidiary or non-subsidiary and the right to make provision for the settlement of claims between that body and the person or persons responsible for the accident and other insurers or social security bodies required to compensate the victim in respect of the same accident. However, Member States may not allow the body to make the payment of the compensation conditional on the victim establishing in any way that the person liable is unable or refuses to pay.

5.   The victim may in any case apply directly to the body which, on the basis of information provided at its request by the victim, shall be obliged to give him a reasoned reply regarding the payment of any compensation.

Member States may, however, exclude the payment of compensation by that body in respect of persons who voluntarily entered the vehicle which caused the damage or injury when the body can prove that they knew it was uninsured.

6.   Member States may limit or exclude the payment of compensation by the body in the event of damage to property by an unidentified vehicle.

That option shall not apply where, as a result of the same accident, the victim has suffered
  physical
  injuries
  that have necessitated a hospital stay
  .

7.   Each Member State shall apply its laws, regulations and administrative provisions to the payment of compensation by this body, without prejudice to any other practice which is more favourable to the
  victim
  .’

Article 3

Amendments to Directive 88/357/EEC

The second sentence in the fourth subparagraph of Article 12a(4) of Directive 88/357/EEC is deleted.

Article 4

Amendments to Directive 90/232/EEC

Directive 90/232/EEC is amended as follows:

| (1) | In Article 1, the following paragraph is inserted between the first and second paragraphs:
  ‘A passenger shall not be excluded from insurance cover on the basis that he knew or should have known that the driver of the vehicle was under the influence of alcohol or of any other intoxicating agent at the time of an
  accident
  .’ |
| --- | --- |

(1)

In Article 1, the following paragraph is inserted between the first and second paragraphs:

‘A passenger shall not be excluded from insurance cover on the basis that he knew or should have known that the driver of the vehicle was under the influence of alcohol or of any other intoxicating agent at the time of an
  accident
  .’

accident

| (2) | In
  Article 2, the first indent is replaced by the following:






  ‘— | cover, on the basis of a single premium and during the whole term of the contract, the entire territory of the Community, including for any period when the vehicle remains in other Member States during the term of the contract
  and where it is consistent with the relevant national legislation for them to do so
  ; and’ |
| --- | --- | --- |

(2)

(2)

In
  Article 2, the first indent is replaced by the following:

In

‘—

cover, on the basis of a single premium and during the whole term of the contract, the entire territory of the Community, including for any period when the vehicle remains in other Member States during the term of the contract
  and where it is consistent with the relevant national legislation for them to do so
  ; and’

and where it is consistent with the relevant national legislation for them to do so

| (3) | The following Articles 4a to 4f are inserted:
  ‘Article 4a
  1.   By way of derogation from the second indent of Article 2(d) of Directive 88/357/EEC, where a vehicle is despatched from one Member State to another, the Member State where the risk is situated
  may
  be considered to be the Member State of destination immediately upon acceptance of delivery by the purchaser for a period of thirty days, even though the vehicle has not formally been registered in the Member State of destination.
  2.   In the event that the vehicle is involved in an accident during the period mentioned in paragraph 1 while being uninsured, the body referred to in Article 1(4) of Directive 84/5/EEC in the Member State of destination shall be liable for the compensation provided for in that Article.
  Article 4b
  Member States shall ensure that
  during the period of validity
  of an insurance contract concerning a vehicle covered by insurance as referred to in Article 3(1) of Directive 72/166/EEC
  and within three months of termination
  , the policyholder shall be provided
  on request
  with a statement relating to the claims or the absence of claims involving the vehicle
  under that contract. The statement must cover all claims made under the contract since inception, but insurers may limit the statement to the previous five years if the contractual relationship exceeds that period.


  Article 4c
  Excesses shall not be relied on against the injured party to an accident as far as the insurance referred to in Article 3(1) of Directive 72/166/EEC is concerned.
  Article 4d
  Member States shall ensure that injured parties to accidents caused by a vehicle covered by insurance as referred in Article 3(1) of Directive 72/166/EEC enjoy a direct right of action against the insurance undertaking covering the responsible person against civil liability.


  That right shall lapse after four years. The limitation period shall run from the date of the accident.


  Article 4e


  Member
  States shall establish the procedure provided for in Article 4(6) of Directive 2000/26/EC of the European Parliament and of the Council
   (12) for the settlement of claims arising from any accident caused by a vehicle covered by insurance as referred in Article 3(1) of Directive
  72/166/EEC
  .
  Article 4f
  Member States shall ensure that, without prejudice to their obligations under that Directive, the information centres established or approved in accordance with Article 5 of Directive 2000/26/EC provide the information specified in that Article to any party to an accident who has suffered damage to property or personal injuries caused by a vehicle covered by insurance as referred to in Article 3(1) of Directive 72/166/EEC.

  (12)  OJ L 181, 20.7.2000, p. 65.’" |
| --- | --- |

(3)

(3)

The following Articles 4a to 4f are inserted:

‘Article 4a

1.   By way of derogation from the second indent of Article 2(d) of Directive 88/357/EEC, where a vehicle is despatched from one Member State to another, the Member State where the risk is situated
  may
  be considered to be the Member State of destination immediately upon acceptance of delivery by the purchaser for a period of thirty days, even though the vehicle has not formally been registered in the Member State of destination.

may

2.   In the event that the vehicle is involved in an accident during the period mentioned in paragraph 1 while being uninsured, the body referred to in Article 1(4) of Directive 84/5/EEC in the Member State of destination shall be liable for the compensation provided for in that Article.

Article 4b

Member States shall ensure that
  during the period of validity
  of an insurance contract concerning a vehicle covered by insurance as referred to in Article 3(1) of Directive 72/166/EEC
  and within three months of termination
  , the policyholder shall be provided
  on request
  with a statement relating to the claims or the absence of claims involving the vehicle
  under that contract. The statement must cover all claims made under the contract since inception, but insurers may limit the statement to the previous five years if the contractual relationship exceeds that period.

during the period of validity

and within three months of termination

on request

under that contract. The statement must cover all claims made under the contract since inception, but insurers may limit the statement to the previous five years if the contractual relationship exceeds that period.

Article 4c

Excesses shall not be relied on against the injured party to an accident as far as the insurance referred to in Article 3(1) of Directive 72/166/EEC is concerned.

Article 4d

Member States shall ensure that injured parties to accidents caused by a vehicle covered by insurance as referred in Article 3(1) of Directive 72/166/EEC enjoy a direct right of action against the insurance undertaking covering the responsible person against civil liability.

That right shall lapse after four years. The limitation period shall run from the date of the accident.

That right shall lapse after four years. The limitation period shall run from the date of the accident.

Article 4e

Member
  States shall establish the procedure provided for in Article 4(6) of Directive 2000/26/EC of the European Parliament and of the Council
   (12) for the settlement of claims arising from any accident caused by a vehicle covered by insurance as referred in Article 3(1) of Directive
  72/166/EEC
  .

Member

of the European Parliament and of the Council

12

72/166/EEC

Article 4f

Member States shall ensure that, without prejudice to their obligations under that Directive, the information centres established or approved in accordance with Article 5 of Directive 2000/26/EC provide the information specified in that Article to any party to an accident who has suffered damage to property or personal injuries caused by a vehicle covered by insurance as referred to in Article 3(1) of Directive 72/166/EEC.

2000/26/EC provide

(12)  OJ L 181, 20.7.2000, p. 65.’"

12

Article 5

Amendments to Directive 2000/26/EC

Directive 2000/26/EC is amended as follows:

Directive 2000/26/EC is amended as follows:

| 1. | The following recital 16a is inserted:








  ‘
  (16a) | Under Article 11(2) in conjunction with Article 9(1)(b) of Regulation (EC) No 44/2001 (13), injured parties may bring legal proceedings against the civil liability insurance provider in the Member State in which they are resident. |
| --- | --- | --- |

1.

1.

The following recital 16a is inserted:

The following recital 16a is inserted:

‘
  (16a)

(16a)

Under Article 11(2) in conjunction with Article 9(1)(b) of Regulation (EC) No 44/2001 (13), injured parties may bring legal proceedings against the civil liability insurance provider in the Member State in which they are resident.

Under Article 11(2) in conjunction with Article 9(1)(b) of Regulation (EC) No 44/2001 (13

(13)  OJ L 12, 16.1.2001, p. 1. Regulation amended by Commission Regulation (EC) No 1496/2002 (OJ L 225, 22.8.2002, p. 13).’"

13

| 2. | In Article 4(6), point (a) is replaced by the following:








  ‘
  a) | the insurance undertaking of the person who caused the accident or his claims representative is required to make a reasoned offer of compensation that shall include reimbursement of the necessary and appropriate costs of pursuing claims in cases where liability is not contested and the damages have been quantified, or
  ’ |
| --- | --- | --- |

2.

2.

In Article 4(6), point (a) is replaced by the following:

In Article 4(6), point (a) is replaced by the following:

‘
  a)

a)

the insurance undertaking of the person who caused the accident or his claims representative is required to make a reasoned offer of compensation that shall include reimbursement of the necessary and appropriate costs of pursuing claims in cases where liability is not contested and the damages have been quantified, or

| 3. | In Article 5(1), point (a) is amended as follows:






  — | point 2(ii) is deleted; |
| --- | --- | --- |

3.

3.

In Article 5(1), point (a) is amended as follows:

5(1), point

—

point 2(ii) is deleted;

| — | point 5(ii) is deleted. |
| --- | --- |

—

point 5(ii) is deleted.

| 4. | The following Article 6a is inserted:


  ‘
  Article 6a




  Central body




  Member States shall take all appropriate measures to authorise a body to be notified without delay, at the same time as the judicial authorities, of all traffic-accident reports filed by police services. That body shall without delay forward a copy of the document to each insurer or legal practitioner concerned by the accident. If a vehicle is not insured, it shall forward the document without delay to the Guarantee Fund or, if it is insured with a foreign insurer, to the national bureau.
  ’ |
| --- | --- |

4.

4.

The following Article 6a is inserted:

The following Article 6a is inserted:

‘
  Article 6a

Article 6a

Central body

Central body

Member States shall take all appropriate measures to authorise a body to be notified without delay, at the same time as the judicial authorities, of all traffic-accident reports filed by police services. That body shall without delay forward a copy of the document to each insurer or legal practitioner concerned by the accident. If a vehicle is not insured, it shall forward the document without delay to the Guarantee Fund or, if it is insured with a foreign insurer, to the national bureau.
  ’

Member States shall take all appropriate measures to authorise a body to be notified without delay, at the same time as the judicial authorities, of all traffic-accident reports filed by police services. That body shall without delay forward a copy of the document to each insurer or legal practitioner concerned by the accident. If a vehicle is not insured, it shall forward the document without delay to the Guarantee Fund or, if it is insured with a foreign insurer, to the national bureau.

Article 6

Article 6

Application to trailers

Application to trailers

The provisions relating to motor vehicles in Directives 72/166/EEC, 84/5/EEC, 88/357/EEC, 90/232/EEC and 2000/26/EC shall apply mutatis mutandis to trailers.

The provisions relating to motor vehicles in Directives 72/166/EEC, 84/5/EEC, 88/357/EEC, 90/232/EEC and 2000/26/EC shall apply mutatis mutandis to trailers.

Article 7

Article 7

Implementation

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2004 at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field governed by this Directive.

Article 8

Article 8

Entry into force

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

Union

Article 9

Article 9

Addressees

This Directive is addressed to the Member States.

Done at, ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 227 E, 24.9.2002, p. 387
  .

1

227 E, 24.9.2002, p. 387

(2)  OJ C 95, 23.4.2003, p. 45
  .

2

95, 23.4.2003, p. 45

(3)  Position of the European Parliament of 22 October 2003.

3

Position of the European Parliament of 22 October 2003.

(4)  OJ L 103, 2.5.1972, p. 1. Directive as last amended by Directive 84/5/EEC (OJ L 8, 11.1.1984, p. 17).

4

Directive

(5)  OJ L 8, 11.1.1984, p. 17. Directive as last amended by Directive 90/232/EEC (OJ L 129, 19.5.1990, p. 33).

5

Directive

(6)  OJ L 129, 19.5.1990, p. 33.

6

(7)  OJ L 181, 20.7.2000, p. 65.

7

(8)  OJ L 257, 27.10.1995, p. 1.

8

(9)  OJ L 172, 4.7.1988, p. 1. Directive as last amended by Directive 2000/26/EC.

9

Directive

(10)  OJ L 12, 16.1.2001, p. 1. Regulation amended by Commission Regulation (EC) No 1496/2002 (OJ L 225, 22.8.2002, p. 13).

10

(11)  Transposition date for this amending directive.

11

P5_TA(2003)0447

Parental responsibility and measures to protect children *

European Parliament legislative resolution on the Commission proposal for a Council decision authorising the Member States to ratify, or accede to, in the interest of the European Community the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention) (COM(2003) 348 — C5-0302/2003 — 2003/0127(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 348 (1)), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 348 (1)),

| — | having regard to Article 61(c), Article 65 and Article 300(2), first paragraph, of the EC Treaty, |
| --- | --- |

—

having regard to Article 61(c), Article 65 and Article 300(2), first paragraph, of the EC Treaty,

| — | having regard to Article 67 and Article 300(3), first paragraph, of the EC Treaty pursuant to which the Council consulted Parliament (C5-0302/2003), |
| --- | --- |

—

having regard to Article 67 and Article 300(3), first paragraph, of the EC Treaty pursuant to which the Council consulted Parliament (C5-0302/2003),

| — | 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 (A5-0319/2003), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0319/2003),

| 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 COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Citation 3a (new) |
| | Having regard to Article 24 of the Charter of Fundamental Rights of the European Union, |
| Amendment 2 |
| Citation 3b (new) |
| | Having regard to the proceedings of the European Convention, which led to the draft Treaty establishing a Constitution for Europe, as submitted to the European Council meeting in Thessaloniki on 20 June 2003, |
| Amendment 3 |
| Recital 1 |
| (1) The Community is working towards the establishment of a common judicial area based on the principle of mutual recognition of judicial decisions. | (1) The Community is working towards the establishment of a common judicial area based on the principle of mutual recognition of judicial decisions
  and is seeking to ensure that, in all judicial decisions relating to children, the child's best interests are a primary consideration
  . |
| Amendment 5 |
| Recital 3 |
| (3) Certain articles of the Convention affect Community secondary legislation on jurisdiction and the recognition and enforcement of judgments, in particular Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses. In addition, the Convention deals with matters covered by the future Council Regulation on matters of parental responsibility. The Member States retain their competence in the areas covered by the Convention which do not affect
  existing or future
  Community law. The Community and the Member States thus share competence to conclude the Convention. | (3) Certain articles of the Convention affect Community secondary legislation on jurisdiction and the recognition and enforcement of judgments, in particular Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses. In addition, the Convention deals with matters covered by the future Council Regulation on matters of parental responsibility. The Member States retain their competence in the areas covered by the Convention which do not affect Community law. The Community and the Member States thus share competence to conclude the Convention. |
| Amendment 6 |
| Recital 5 |
| (5) The Council should therefore authorise the Member States, by way of exception, to ratify or accede to the Convention in the interest of the Community, under the conditions set out in this Decision. | (5) The Council should therefore authorise the Member States, by way of exception, to ratify or accede to the Convention
  as soon as possible
  in the interest of the Community, under the conditions set out in this Decision. |
| Amendment 7 |
| Article 1, paragraph 1 |
| 1. The Council hereby authorises the Member States to ratify or accede to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, concluded on 19 October 1996, in the interest of the Community, subject to the conditions set out in the following Articles. | 1. The Council hereby authorises
  , on an exceptional basis,
  the Member States to ratify or accede to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, concluded on 19 October 1996, in the interest of the Community, subject to the conditions set out in the following Articles. |
| Amendment 8 |
| Article 3, paragraph 1 |
| 1. Member States shall take the necessary steps to deposit the instruments of ratification of, or accession to, the Convention simultaneously with the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
  before 1 January 2005
  . | 1. Member States shall take the necessary steps to deposit the instruments of ratification of, or accession to, the Convention simultaneously with the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
  not later than 30 June 2004
  . |
| Amendment 9 |
| Article 3, paragraph 2 |
| 2. Member States shall agree before
  1 July 2004
  with the Council and the Commission on the prospective date of the deposit of the instruments of ratification. On this basis, the date and modalities of the simultaneous deposit shall be determined. | 2. Member States shall agree before
  1 February 2004
  with the Council and the Commission on the prospective date of the deposit of the instruments of ratification. On this basis, the date and modalities of the simultaneous deposit shall be determined. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Citation 3a (new)

Having regard to Article 24 of the Charter of Fundamental Rights of the European Union,

Amendment 2

Citation 3b (new)

Having regard to the proceedings of the European Convention, which led to the draft Treaty establishing a Constitution for Europe, as submitted to the European Council meeting in Thessaloniki on 20 June 2003,

Amendment 3

Recital 1

(1) The Community is working towards the establishment of a common judicial area based on the principle of mutual recognition of judicial decisions.

(1) The Community is working towards the establishment of a common judicial area based on the principle of mutual recognition of judicial decisions
  and is seeking to ensure that, in all judicial decisions relating to children, the child's best interests are a primary consideration
  .

Amendment 5

Recital 3

(3) Certain articles of the Convention affect Community secondary legislation on jurisdiction and the recognition and enforcement of judgments, in particular Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses. In addition, the Convention deals with matters covered by the future Council Regulation on matters of parental responsibility. The Member States retain their competence in the areas covered by the Convention which do not affect
  existing or future
  Community law. The Community and the Member States thus share competence to conclude the Convention.

(3) Certain articles of the Convention affect Community secondary legislation on jurisdiction and the recognition and enforcement of judgments, in particular Council Regulation (EC) No 1347/2000 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses. In addition, the Convention deals with matters covered by the future Council Regulation on matters of parental responsibility. The Member States retain their competence in the areas covered by the Convention which do not affect Community law. The Community and the Member States thus share competence to conclude the Convention.

Amendment 6

Recital 5

(5) The Council should therefore authorise the Member States, by way of exception, to ratify or accede to the Convention in the interest of the Community, under the conditions set out in this Decision.

(5) The Council should therefore authorise the Member States, by way of exception, to ratify or accede to the Convention
  as soon as possible
  in the interest of the Community, under the conditions set out in this Decision.

Amendment 7

Article 1, paragraph 1

1. The Council hereby authorises the Member States to ratify or accede to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, concluded on 19 October 1996, in the interest of the Community, subject to the conditions set out in the following Articles.

1. The Council hereby authorises
  , on an exceptional basis,
  the Member States to ratify or accede to the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, concluded on 19 October 1996, in the interest of the Community, subject to the conditions set out in the following Articles.

Amendment 8

Article 3, paragraph 1

1. Member States shall take the necessary steps to deposit the instruments of ratification of, or accession to, the Convention simultaneously with the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
  before 1 January 2005
  .

1. Member States shall take the necessary steps to deposit the instruments of ratification of, or accession to, the Convention simultaneously with the Ministry of Foreign Affairs of the Kingdom of the Netherlands,
  not later than 30 June 2004
  .

Amendment 9

Article 3, paragraph 2

2. Member States shall agree before
  1 July 2004
  with the Council and the Commission on the prospective date of the deposit of the instruments of ratification. On this basis, the date and modalities of the simultaneous deposit shall be determined.

2. Member States shall agree before
  1 February 2004
  with the Council and the Commission on the prospective date of the deposit of the instruments of ratification. On this basis, the date and modalities of the simultaneous deposit shall be determined.

---

(1)  Not yet published in OJ.

P5_TA(2003)0448

Structural Funds

European Parliament resolution on the Structural Funds: trend in outstanding commitments and requirements for 2004 (2002/2272(INI))

The European Parliament,

| — | having regard to Article 272 of the EC Treaty, |
| --- | --- |

—

having regard to Article 272 of the EC Treaty,

| — | having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (1), |
| --- | --- |

—

having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (1),

| — | having regard to the Commission communication to the European Parliament and the Council on evolution of budget execution of the Structural Funds, in particular outstanding commitments (COM (2002) 528), |
| --- | --- |

—

having regard to the Commission communication to the European Parliament and the Council on evolution of budget execution of the Structural Funds, in particular outstanding commitments (COM (2002) 528),

| — | having regard to the Court of Auditors' annual report for 2001 on the activities financed from the general budget, together with the institutions' replies (2), |
| --- | --- |

—

having regard to the Court of Auditors' annual report for 2001 on the activities financed from the general budget, together with the institutions' replies (2),

| — | having regard to its resolution of 11 March 2003 on the guidelines for the 2004 budgetary procedure, Section III — Commission (3), |
| --- | --- |

—

having regard to its resolution of 11 March 2003 on the guidelines for the 2004 budgetary procedure, Section III — Commission (3),

| — | having regard to the 2004 preliminary draft budget (COM (2003) 400), |
| --- | --- |

—

having regard to the 2004 preliminary draft budget (COM (2003) 400),

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

—

having regard to Rule 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets and the opinion of the Committee on Regional Policy, Transport and Tourism (A5-0286/2003), |
| --- | --- |

—

having regard to the report of the Committee on Budgets and the opinion of the Committee on Regional Policy, Transport and Tourism (A5-0286/2003),

| A. | having regard to the budget outturn for the Structural Funds at the close of the last three financial years and at 30 April 2003, |
| --- | --- |

A.

having regard to the budget outturn for the Structural Funds at the close of the last three financial years and at 30 April 2003,

| B. | having regard to the trend in outstanding commitments during the same periods, |
| --- | --- |

B.

having regard to the trend in outstanding commitments during the same periods,

| C. | having regard to what is required for the financial year 2004 in order to reduce outstanding commitments substantially and fund additional, enlargement-related expenditure, |
| --- | --- |

C.

having regard to what is required for the financial year 2004 in order to reduce outstanding commitments substantially and fund additional, enlargement-related expenditure,

| D. | whereas, under the 2004 PDB for EU-25, payment appropriations for the Structural Funds are EUR 2.49 bn down on the 2003 budget and amount to only EUR 30.7 bn, or 7.5 % less, |
| --- | --- |

D.

whereas, under the 2004 PDB for EU-25, payment appropriations for the Structural Funds are EUR 2.49 bn down on the 2003 budget and amount to only EUR 30.7 bn, or 7.5 % less,

| E. | whereas at constant prices on a like-for-like basis, under the 2004 PDB for EU-15, that reduction is even more drastic, i.e. 12.8 %, |
| --- | --- |

E.

whereas at constant prices on a like-for-like basis, under the 2004 PDB for EU-15, that reduction is even more drastic, i.e. 12.8 %,

| F. | whereas, at the same time, it is proposed that commitment appropriations be increased by 20.8 %, thus bringing about a corresponding increase in outstanding commitments, |
| --- | --- |

F.

whereas, at the same time, it is proposed that commitment appropriations be increased by 20.8 %, thus bringing about a corresponding increase in outstanding commitments,

| G. | whereas total payment appropriations under the PDB for EUR-15, already down on 2003, now represent no more than 0.99 % of EU GNI, |
| --- | --- |

G.

whereas total payment appropriations under the PDB for EUR-15, already down on 2003, now represent no more than 0.99 % of EU GNI,

Implementation of payment appropriations

| 1. | Notes that the low implementation rate for payment appropriations at year-end 2000 had deteriorated still further by 31 December 2001 and that the modest improvement observed at the close of the financial year 2002 has not been maintained, since the utilisation rate for appropriations was markedly lower at 30 April 2003 than on the same date last year; |
| --- | --- |

1.

Notes that the low implementation rate for payment appropriations at year-end 2000 had deteriorated still further by 31 December 2001 and that the modest improvement observed at the close of the financial year 2002 has not been maintained, since the utilisation rate for appropriations was markedly lower at 30 April 2003 than on the same date last year;

| 2. | Discovers with regret that as of 1 March 2003 and with only one month remaining before the deadline for request for final payments for the 1994-99 programming period, there were still some 300 programmes for which the final claims had not been received for the European Regional Development Fund (ERDF) alone; believes that instances of claims relating to exceptional circumstances must be assessed with caution and not be allowed to constitute an excuse for poor or inefficient implementation; |
| --- | --- |

2.

Discovers with regret that as of 1 March 2003 and with only one month remaining before the deadline for request for final payments for the 1994-99 programming period, there were still some 300 programmes for which the final claims had not been received for the European Regional Development Fund (ERDF) alone; believes that instances of claims relating to exceptional circumstances must be assessed with caution and not be allowed to constitute an excuse for poor or inefficient implementation;

| 3. | Welcomes the fact, however, that almost all the final payments had been requested by 31 March 2003; |
| --- | --- |

3.

Welcomes the fact, however, that almost all the final payments had been requested by 31 March 2003;

| 4. | Deplores the fact that unused appropriations amounted to EUR 6.2 bn at 31 December 2002, EUR 8.7 bn at 31 December 2001 and EUR 6.7 bn at 31 December 2000, i.e. EUR 21.6 bn in total, and that the aggregate payment rate at year-end 2002 (2000, 2001 plus 2002), compared with the total budget allocation for the entire 2000-2006 period, confirms this unsatisfactory situation; |
| --- | --- |

4.

Deplores the fact that unused appropriations amounted to EUR 6.2 bn at 31 December 2002, EUR 8.7 bn at 31 December 2001 and EUR 6.7 bn at 31 December 2000, i.e. EUR 21.6 bn in total, and that the aggregate payment rate at year-end 2002 (2000, 2001 plus 2002), compared with the total budget allocation for the entire 2000-2006 period, confirms this unsatisfactory situation;

| 5. | Points out that speeding up implementation is a constant concern for the budgetary authority; underlines that elimination of the programming weaknesses and efficient management by the Commission and the Member States should be addressed when revising the Structural Fund rules; |
| --- | --- |

5.

Points out that speeding up implementation is a constant concern for the budgetary authority; underlines that elimination of the programming weaknesses and efficient management by the Commission and the Member States should be addressed when revising the Structural Fund rules;

| 6. | Notes that large-scale underimplementation of payment appropriations stems in part from the complexities of lengthy programming procedures and is also accounted for by the unreliability of Member State payment claim forecasts; |
| --- | --- |

6.

Notes that large-scale underimplementation of payment appropriations stems in part from the complexities of lengthy programming procedures and is also accounted for by the unreliability of Member State payment claim forecasts;

| 7. | Stresses that underimplementation of Structural Fund payments, which come under non-compulsory expenditure, looks set to become a political issue, given the volume of appropriations involved (34 % of the Community budget) and their economic and social significance; |
| --- | --- |

7.

Stresses that underimplementation of Structural Fund payments, which come under non-compulsory expenditure, looks set to become a political issue, given the volume of appropriations involved (34 % of the Community budget) and their economic and social significance;

| 8. | Calls upon its relevant committee, too, to analyse, in the course of the discharge procedure, the reasons which have caused such a state of affairs to arise; |
| --- | --- |

8.

Calls upon its relevant committee, too, to analyse, in the course of the discharge procedure, the reasons which have caused such a state of affairs to arise;

Trend in outstanding commitments

| 9. | Voices its concern at the deterioration in the situation concerning outstanding commitments, which totalled EUR 91.6 bn at 31 May 2003, as opposed to EUR 82.1 bn and EUR 64.9 bn on the same date in 2002 and 2001 respectively, or an increase of 41 % during the last three financial years; |
| --- | --- |

9.

Voices its concern at the deterioration in the situation concerning outstanding commitments, which totalled EUR 91.6 bn at 31 May 2003, as opposed to EUR 82.1 bn and EUR 64.9 bn on the same date in 2002 and 2001 respectively, or an increase of 41 % during the last three financial years;

| 10. | Notes that there is currently EUR 14.4 bn outstanding payments in respect of 2001 commitments, implying a high risk of decommitment at the end of 2003; is concerned that several Member States have significantly poorer payment records than the rest; restates, therefore, its earlier appeal to those Member States with the worst payment backlogs to urgently assess their administrative procedures so as to address this problem; |
| --- | --- |

10.

Notes that there is currently EUR 14.4 bn outstanding payments in respect of 2001 commitments, implying a high risk of decommitment at the end of 2003; is concerned that several Member States have significantly poorer payment records than the rest; restates, therefore, its earlier appeal to those Member States with the worst payment backlogs to urgently assess their administrative procedures so as to address this problem;

| 11. | Notes the risk of a large volume of outstanding commitments at year-end 2003 and voices its determination to subject to the utmost scrutiny the action plan to eliminate ‘abnormal’ outstanding commitments and the 2003 budget outturn; points out that payment appropriations for Structural operations in June 2003 reached 17 % while the forecast for July 2003 is to reach 34 %; |
| --- | --- |

11.

Notes the risk of a large volume of outstanding commitments at year-end 2003 and voices its determination to subject to the utmost scrutiny the action plan to eliminate ‘abnormal’ outstanding commitments and the 2003 budget outturn; points out that payment appropriations for Structural operations in June 2003 reached 17 % while the forecast for July 2003 is to reach 34 %;

| 12. | Notes in this connection the Commission's explanations that the delays in Structural Fund programme implementation in the period 2000-2006 have been due, in part, to the fact that the Member States have focused their efforts on completing old projects; |
| --- | --- |

12.

Notes in this connection the Commission's explanations that the delays in Structural Fund programme implementation in the period 2000-2006 have been due, in part, to the fact that the Member States have focused their efforts on completing old projects;

| 13. | Notes, however, that outstanding commitments relating to the completion of old projects still totalled EUR 15.2 bn at 31 May 2003 and that it is therefore becoming imperative to clear those outstanding commitments, in respect of which a very small proportion of payments were made in 2002 instead of the EUR 8 bn initially programmed; |
| --- | --- |

13.

Notes, however, that outstanding commitments relating to the completion of old projects still totalled EUR 15.2 bn at 31 May 2003 and that it is therefore becoming imperative to clear those outstanding commitments, in respect of which a very small proportion of payments were made in 2002 instead of the EUR 8 bn initially programmed;

| 14. | Calls on the Commission and Member States, with regard to the 2000-2006 period, to enhance cooperation and step up their efforts to reduce outstanding commitments, which now total EUR 76.4 bn and stem, seemingly, from belated action to lay down programmes and difficulties in getting them off the ground and from an excessively complicated overall procedure; |
| --- | --- |

14.

Calls on the Commission and Member States, with regard to the 2000-2006 period, to enhance cooperation and step up their efforts to reduce outstanding commitments, which now total EUR 76.4 bn and stem, seemingly, from belated action to lay down programmes and difficulties in getting them off the ground and from an excessively complicated overall procedure;

| 15. | Takes the view, however, that the fact that outstanding commitments are to some extent inherent to the process of implementing differentiated appropriations, which necessarily involve a time lag between commitments and payments, should not therefore distract Parliament's attention from the primary objective of structural policy, which is to foster economic and social cohesion and sustainable development; |
| --- | --- |

15.

Takes the view, however, that the fact that outstanding commitments are to some extent inherent to the process of implementing differentiated appropriations, which necessarily involve a time lag between commitments and payments, should not therefore distract Parliament's attention from the primary objective of structural policy, which is to foster economic and social cohesion and sustainable development;

| 16. | Also therefore points up the need to concentrate more on project quality and on the real impact of the Structural Funds in the regions concerned and, in tandem with this, to look promptly for a solution to the question of ‘abnormal’ outstanding commitments; |
| --- | --- |

16.

Also therefore points up the need to concentrate more on project quality and on the real impact of the Structural Funds in the regions concerned and, in tandem with this, to look promptly for a solution to the question of ‘abnormal’ outstanding commitments;

Payment appropriations required in 2004

| 17. | Insists that the volume of payment appropriations for the financial year 2004 should, among other things, be assessed on the basis of Member State forecasts, taking into consideration the level of old outstanding commitments, payments for the current year and enlargement-related requirements and the outstanding commitments situation concerning the previous period; |
| --- | --- |

17.

Insists that the volume of payment appropriations for the financial year 2004 should, among other things, be assessed on the basis of Member State forecasts, taking into consideration the level of old outstanding commitments, payments for the current year and enlargement-related requirements and the outstanding commitments situation concerning the previous period;

| 18. | Points out, in addition, that underutilisation of appropriations during the first three years means that the schedule of payments for forthcoming financial years will have to be revised, since payments not made in time will have to be carried forward, in particular to 2004; |
| --- | --- |

18.

Points out, in addition, that underutilisation of appropriations during the first three years means that the schedule of payments for forthcoming financial years will have to be revised, since payments not made in time will have to be carried forward, in particular to 2004;

| 19. | Notes that the volume of payment appropriations proposed in the 2004 PDB by the Commission, citing the completion of programmes from the previous period (1994-1999) by way of justification, i.e. EUR 30.7 bn, is 12.8 % down on the previous year, particularly as, moreover, no request for carryover of appropriations has been submitted; |
| --- | --- |

19.

Notes that the volume of payment appropriations proposed in the 2004 PDB by the Commission, citing the completion of programmes from the previous period (1994-1999) by way of justification, i.e. EUR 30.7 bn, is 12.8 % down on the previous year, particularly as, moreover, no request for carryover of appropriations has been submitted;

| 20. | Is of the opinion that that amount might prove insufficient to ensure a significant reduction in outstanding commitments in 2004, when commitment appropriations are to rise by 20.8 % at the same time as a result of reincorporating a proportion of 2000 appropriations into the budget; |
| --- | --- |

20.

Is of the opinion that that amount might prove insufficient to ensure a significant reduction in outstanding commitments in 2004, when commitment appropriations are to rise by 20.8 % at the same time as a result of reincorporating a proportion of 2000 appropriations into the budget;

| 21. | In the light of the new figures received by the Commission, considers that the amount of payment appropriations should be increased well above the level proposed in the 2004 PDB, if outstanding commitments are to be significantly reduced; retains the option, therefore, of amending the relevant proposals during the current budgetary procedure; stresses that reduction of old commitments should continue and possibly be accelerated in 2005; |
| --- | --- |

21.

In the light of the new figures received by the Commission, considers that the amount of payment appropriations should be increased well above the level proposed in the 2004 PDB, if outstanding commitments are to be significantly reduced; retains the option, therefore, of amending the relevant proposals during the current budgetary procedure; stresses that reduction of old commitments should continue and possibly be accelerated in 2005;

Applying the n+2 rule

| 22. | States that it will monitor application of the n+2 clause and reaffirms its firmly held belief that that rule, which is a necessary rule, must be complied with; notes that, for the financial year 2002, the impact of the n+2 clause is apparently very limited, representing less than 0.5 % of the budget allocation for the financial year 2000, and that several aspects of the situation need to be clarified to gain a better understanding of the real reasons and assess the amounts involved; |
| --- | --- |

22.

States that it will monitor application of the n+2 clause and reaffirms its firmly held belief that that rule, which is a necessary rule, must be complied with; notes that, for the financial year 2002, the impact of the n+2 clause is apparently very limited, representing less than 0.5 % of the budget allocation for the financial year 2000, and that several aspects of the situation need to be clarified to gain a better understanding of the real reasons and assess the amounts involved;

| 23. | Notes in this connection that the Commission has agreed that, by way of dispensation, advances granted by Member States to final beneficiaries will be made eligible and will therefore be included in reimbursement claims received before 31 December 2002; urges the Commission to be vigilant so that that exemption does not become a means of evading the obligations deriving from the n+2 rule, which would make it even more difficult to absorb outstanding commitments; |
| --- | --- |

23.

Notes in this connection that the Commission has agreed that, by way of dispensation, advances granted by Member States to final beneficiaries will be made eligible and will therefore be included in reimbursement claims received before 31 December 2002; urges the Commission to be vigilant so that that exemption does not become a means of evading the obligations deriving from the n+2 rule, which would make it even more difficult to absorb outstanding commitments;

| 24. | Takes the view, in addition, that interpretation and implementation of Articles 31, 34(3) and 35(3) of Regulation (EC) No 1260/1999 have enabled Member States to make adjustments to programme complements by redirecting dormant commitments to assistance operations with a better implementation rate; |
| --- | --- |

24.

Takes the view, in addition, that interpretation and implementation of Articles 31, 34(3) and 35(3) of Regulation (EC) No 1260/1999 have enabled Member States to make adjustments to programme complements by redirecting dormant commitments to assistance operations with a better implementation rate;

| 25. | Stresses that such a practice is intended to help achieve the objectives of the programme and not to hinder the objective of the n+2 rule, the very purpose of which is to force the players involved to manage programmes more rigorously; takes the view that the n+2 rule must not prompt giving priority to the quantitative aspect of implementation at the expense of quality; |
| --- | --- |

25.

Stresses that such a practice is intended to help achieve the objectives of the programme and not to hinder the objective of the n+2 rule, the very purpose of which is to force the players involved to manage programmes more rigorously; takes the view that the n+2 rule must not prompt giving priority to the quantitative aspect of implementation at the expense of quality;

| 26. | Asks to be told about the situation in 2003, as that will partly determine the level of outstanding commitments, and therefore insists that the Commission provide Parliament with regular, exhaustive information on the n+2 efforts to be made up to 31 December 2003 and 2004, broken down by programme and country; |
| --- | --- |

26.

Asks to be told about the situation in 2003, as that will partly determine the level of outstanding commitments, and therefore insists that the Commission provide Parliament with regular, exhaustive information on the n+2 efforts to be made up to 31 December 2003 and 2004, broken down by programme and country;

| 27. | Considers that regular Commission and Parliament monitoring of the n+2 risk ought to make it possible, firstly, to identify both the programmes, regions and Member States with recurring difficulties and what causes them and, secondly, to flag up the best project management practices, which could then benefit all the players involved; calls therefore on the Commission to forward to it a precise breakdown of the situation every quarter; such information should be incorporated into an effective form of quarterly monitoring designed to improve the implementation of structural operations; such monitoring will include in particular an updating by programme and by fund of the situation concerning payments vis-à-vis commitments in the year n-2, so that the efforts which each Member State and each region has yet to make in order to prevent n+2 decommitments during the current year and the following year can be assessed; notes that the Commission will endeavour to produce an initial updating during the last quarter of 2003; |
| --- | --- |

27.

Considers that regular Commission and Parliament monitoring of the n+2 risk ought to make it possible, firstly, to identify both the programmes, regions and Member States with recurring difficulties and what causes them and, secondly, to flag up the best project management practices, which could then benefit all the players involved; calls therefore on the Commission to forward to it a precise breakdown of the situation every quarter; such information should be incorporated into an effective form of quarterly monitoring designed to improve the implementation of structural operations; such monitoring will include in particular an updating by programme and by fund of the situation concerning payments vis-à-vis commitments in the year n-2, so that the efforts which each Member State and each region has yet to make in order to prevent n+2 decommitments during the current year and the following year can be assessed; notes that the Commission will endeavour to produce an initial updating during the last quarter of 2003;

Simplification measures

| 28. | Notes that implementation rates for the initial years of the period 2000-2006 have not departed too far from those in the previous programming period and that overall, despite the simplification measures adopted, the new procedure has not to date had the impact it was expected to have on programming efficiency; |
| --- | --- |

28.

Notes that implementation rates for the initial years of the period 2000-2006 have not departed too far from those in the previous programming period and that overall, despite the simplification measures adopted, the new procedure has not to date had the impact it was expected to have on programming efficiency;

| 29. | Calls on the Commission to step up its efforts to simplify procedures and improve implementation of the Structural Funds by ensuring promotion and dissemination of best practices in project management and by stimulating cross-cutting cooperation between regions; |
| --- | --- |

29.

Calls on the Commission to step up its efforts to simplify procedures and improve implementation of the Structural Funds by ensuring promotion and dissemination of best practices in project management and by stimulating cross-cutting cooperation between regions;

| 30. | Urges that new, clear and simple control tools be developed and used without delay to carry out effective monitoring on a quarterly basis and thus enhance implementation of structural operations: improvement and harmonisation of Member State payment forecasting methods, readiness and early-warning indicators, and performance indicators for assessing economic and social impact on beneficiary regions; |
| --- | --- |

30.

Urges that new, clear and simple control tools be developed and used without delay to carry out effective monitoring on a quarterly basis and thus enhance implementation of structural operations: improvement and harmonisation of Member State payment forecasting methods, readiness and early-warning indicators, and performance indicators for assessing economic and social impact on beneficiary regions;

Enlargement to include new countries

| 31. | Stresses that, following enlargement in May 2004, only two and a half years of the present programming period will remain and that the new Member States' administrations will have to be efficient to implement programmes quickly so that, having regard to the EUR 6.709 billion in commitment appropriations entered for 2004, the payment appropriations (EUR 2.36 billion, i.e. EUR 600 million on top of the 2004 PDB) can actually be used; considers that the level of payments for Structural Funds foreseen for the EU-10 should be increased in order to accelerate the phasing in of the new Member States in Community activities; |
| --- | --- |

31.

Stresses that, following enlargement in May 2004, only two and a half years of the present programming period will remain and that the new Member States' administrations will have to be efficient to implement programmes quickly so that, having regard to the EUR 6.709 billion in commitment appropriations entered for 2004, the payment appropriations (EUR 2.36 billion, i.e. EUR 600 million on top of the 2004 PDB) can actually be used; considers that the level of payments for Structural Funds foreseen for the EU-10 should be increased in order to accelerate the phasing in of the new Member States in Community activities;

| 32. | Calls therefore for the adoption of specific measures for implementing the Structural Funds in the new accession countries, bearing in mind that the first programming period is less than three years, and requests that actions are taken to conclude their single programming documents as soon as possible in order to avoid a build-up of delays in the very first year in which their programmes are implemented; |
| --- | --- |

32.

Calls therefore for the adoption of specific measures for implementing the Structural Funds in the new accession countries, bearing in mind that the first programming period is less than three years, and requests that actions are taken to conclude their single programming documents as soon as possible in order to avoid a build-up of delays in the very first year in which their programmes are implemented;

Beyond 2004

| 33. | Takes the view that, for the future, the Commission ought to envisage a more ambitious approach which would make it possible to realise structural policy objectives at a lower cost in terms of planning, management and monitoring and achieve a compromise between current and prospective Member States' needs within a revamped structure for economic and social cohesion; |
| --- | --- |

33.

Takes the view that, for the future, the Commission ought to envisage a more ambitious approach which would make it possible to realise structural policy objectives at a lower cost in terms of planning, management and monitoring and achieve a compromise between current and prospective Member States' needs within a revamped structure for economic and social cohesion;

| 34. | Calls therefore on the Commission promptly to present its guidelines on the regulation governing the next period so that future objectives and implementing arrangements can be laid down in a clear and readily comprehensible form; |
| --- | --- |

34.

Calls therefore on the Commission promptly to present its guidelines on the regulation governing the next period so that future objectives and implementing arrangements can be laid down in a clear and readily comprehensible form;

| 35. | Considers that, to ensure better use of the funds, the prospective regulation should:






  (a) | stress the Commission's strategic role, which ought to focus on defining development priorities, on the consistency of operations with those priorities and on monitoring the effectiveness of implementing systems, while responsibility for implementing and managing operations would be devolved to the Member States; |
| --- | --- | --- |

35.

Considers that, to ensure better use of the funds, the prospective regulation should:

(a)

stress the Commission's strategic role, which ought to focus on defining development priorities, on the consistency of operations with those priorities and on monitoring the effectiveness of implementing systems, while responsibility for implementing and managing operations would be devolved to the Member States;

| (b) | be straightforward, clear and precise so as not to give rise to differing interpretations; in connection with this simplification objective, it also would appear vital to combine the funds and confer management of the single fund on a single Commission department so as to improve efficiency; |
| --- | --- |

(b)

be straightforward, clear and precise so as not to give rise to differing interpretations; in connection with this simplification objective, it also would appear vital to combine the funds and confer management of the single fund on a single Commission department so as to improve efficiency;

| (c) | provide for programming arrangements to be laid down in partnership between the Commission and the Member State concerned, with due regard both for the political strategies devised by the Commission and for what is dictated by realities on the ground locally, and for the emphasis to be placed on development priorities rather than on implementing arrangements; |
| --- | --- |

(c)

provide for programming arrangements to be laid down in partnership between the Commission and the Member State concerned, with due regard both for the political strategies devised by the Commission and for what is dictated by realities on the ground locally, and for the emphasis to be placed on development priorities rather than on implementing arrangements;

| (d) | give the monitoring committee a more relevant role, in particular as regards decisions on programme changes, which should extend, in partnership with the Commission, not only to financial aspects, but also to basic strategy; |
| --- | --- |

(d)

give the monitoring committee a more relevant role, in particular as regards decisions on programme changes, which should extend, in partnership with the Commission, not only to financial aspects, but also to basic strategy;

| (e) | take account of the need to strike a balance between the simplification measures required and the continuing need for checks; |
| --- | --- |

(e)

take account of the need to strike a balance between the simplification measures required and the continuing need for checks;

| (f) | maintain the incentive measures for effective implementation of operations, such as the n+2 rule and the performance reserve, albeit basing that reserve on simpler and more meaningful indicators which themselves are grounded in defined and realised objectives; |
| --- | --- |

(f)

maintain the incentive measures for effective implementation of operations, such as the n+2 rule and the performance reserve, albeit basing that reserve on simpler and more meaningful indicators which themselves are grounded in defined and realised objectives;

*

- *

| 36. | Instructs its President to forward this resolution to the Council, the Commission and the Court of Auditors. |
| --- | --- |

36.

Instructs its President to forward this resolution to the Council, the Commission and the Court of Auditors.

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(1)  OJ L 161, 26.6.1999, p. 1.

(2)  OJ C 295, 28.11.2002, p. 1.

(3)  P5_TA(2003)0079.

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