# CE2004097EN.01057201.xml

| 22.4.2004 | EN | Official Journal of the European Union | CE 97/572 |
| --- | --- | --- | --- |

22.4.2004

EN

Official Journal of the European Union

CE 97/572

---

MINUTES

(2004/C 97 E/04)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Charlotte CEDERSCHIÖLD

Vice-President

1.   Opening of sitting

The sitting opened at 10.00.

2.   Documents received

The following documents had been received:

| 1) | from the Council and Commission:







  — | Proposal for a Council Directive imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (Codified version) (COM(2004) 35 — C5-0063/2004 — 2004/0004(CNS))







  referred to | responsible | JURI |
| --- | --- | --- | --- | --- |
| | opinion | ITRE |
| legal basis | Article 100 EC |

1)

from the Council and Commission:

from the Council and Commission:

—

Proposal for a Council Directive imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (Codified version) (COM(2004) 35 — C5-0063/2004 — 2004/0004(CNS))

referred to

responsible

JURI

opinion

ITRE

legal basis

Article 100 EC

| — | Proposal for a Directive of the European Parliament and of the Council on services in the internal market (COM(2004) 2 — C5-0069/2004 — 2004/0001(COD))







  referred to | responsible | JURI |
| --- | --- | --- | --- |
| | opinion | ECON, ITRE, EMPL, ENVI |
| legal basis | Articles 47(2), 55, 71 and 80 EC |

—

Proposal for a Directive of the European Parliament and of the Council on services in the internal market (COM(2004) 2 — C5-0069/2004 — 2004/0001(COD))

referred to

responsible

JURI

opinion

ECON, ITRE, EMPL, ENVI

legal basis

Articles 47(2), 55, 71 and 80 EC

| — | Amended proposal for a Decision of the European Parliament and of the Council amending Decision No 508/2000/EC of 14 February 2000 establishing the ‘Culture 2000’ programme (COM(2004) 79 — C5-0070/2004 — 2003/0076(COD))







  referred to | responsible | CULT |
| --- | --- | --- | --- |
| | opinion | BUDG |
| legal basis | Article 151 EC |

—

Amended proposal for a Decision of the European Parliament and of the Council amending Decision No 508/2000/EC of 14 February 2000 establishing the ‘Culture 2000’ programme (COM(2004) 79 — C5-0070/2004 — 2003/0076(COD))

referred to

responsible

CULT

opinion

BUDG

legal basis

Article 151 EC

| 2) | from Members:







  2.1) | oral questions (Rule 42):







  — | Anna Karamanou, on behalf of the FEMM Committee, to the Council, on gender equality (B5-0064/2004); |
| --- | --- | --- | --- |

2)

from Members:

from Members:

2.1)

oral questions (Rule 42):

oral questions (Rule 42):

—

Anna Karamanou, on behalf of the FEMM Committee, to the Council, on gender equality (B5-0064/2004);

| — | Anna Karamanou, on behalf of the FEMM Committee, to the Commission, on gender equality (B5-0065/2004). |
| --- | --- |

—

Anna Karamanou, on behalf of the FEMM Committee, to the Commission, on gender equality (B5-0065/2004).

| 2.2) | motions for resolution (Rule 48):







  — | Jorge Salvador Hernández Mollar on an increase in subsidies for Spanish olive oil (B5-0062/2004).







  referred to | responsible | AGRI |
| --- | --- | --- | --- | --- |
| | opinion | BUDG |

2.2)

motions for resolution (Rule 48):

motions for resolution (Rule 48):

—

Jorge Salvador Hernández Mollar on an increase in subsidies for Spanish olive oil (B5-0062/2004).

referred to

responsible

AGRI

opinion

BUDG

| — | Salvador Garriga Polledo on a medicine bank to fight AIDS in Africa (B5-0100/2004).







  referred to | responsible | DEVE |
| --- | --- | --- | --- |
| | opinion | ITRE, ENVI |

—

Salvador Garriga Polledo on a medicine bank to fight AIDS in Africa (B5-0100/2004).

referred to

responsible

DEVE

opinion

ITRE, ENVI

3.   Nuclear disarmament (tabling of motions for resolution)

(tabling of motions for resolution)

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

Minutes of 11.2.2004, Item 3

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

| — | Jillian Evans, on behalf of the Verts/ALE Group, on Nuclear Disarmament: Non-Proliferation Treaty Review Conference in 2005 (B5-0101/2004); |
| --- | --- |

—

Jillian Evans, on behalf of the Verts/ALE Group, on Nuclear Disarmament: Non-Proliferation Treaty Review Conference in 2005 (B5-0101/2004);

| — | Johan Van Hecke, on behalf of the ELDR Group, on Nuclear Disarmament: Non-Proliferation Treaty Review Conference in 2005 (B5-0104/2004); |
| --- | --- |

—

Johan Van Hecke, on behalf of the ELDR Group, on Nuclear Disarmament: Non-Proliferation Treaty Review Conference in 2005 (B5-0104/2004);

| — | Jan Marinus Wiersma, on behalf of the PSE Group, on Nuclear Disarmament: Non-Proliferation Treaty Review Conference in 2005 (B5-0105/2004); |
| --- | --- |

—

Jan Marinus Wiersma, on behalf of the PSE Group, on Nuclear Disarmament: Non-Proliferation Treaty Review Conference in 2005 (B5-0105/2004);

| — | Pernille Frahm, on behalf of the GUE/NGL Group, on Nuclear Disarmament: Non-Proliferation Treaty Review Conference in 2005 (B5-0106/2004). |
| --- | --- |

—

Pernille Frahm, on behalf of the GUE/NGL Group, on Nuclear Disarmament: Non-Proliferation Treaty Review Conference in 2005 (B5-0106/2004).

4.   Afghanistan (debate)

(debate)

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

André Brie introduced the report.

Christopher Patten (Member of the Commission) spoke.

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

IN THE CHAIR: Joan COLOM I NAVAL

Vice-President

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

The debate closed.

Vote: Item 7.9.

Item 7.9.

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

(statement followed by debate)

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

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

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

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

| — | Elmar Brok, on behalf of the AFET Committee, on reinvigorating EU actions on human rights and democratisation with Mediterranean partners (B5-0049/2004). |
| --- | --- |

—

Elmar Brok, on behalf of the AFET Committee, on reinvigorating EU actions on human rights and democratisation with Mediterranean partners (B5-0049/2004).

The debate closed.

Vote: Item 7.10.

Item 7.10.

IN THE CHAIR: Guido PODESTÀ

Vice-President

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

6.   Deadline for tabling of amendments

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

The tabling deadlines had been extended as follows:

motions for resolution: 16 February 2004 at 12.00

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

7.   Voting time

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

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

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

(Rule 110a) (vote)

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

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 1)

(Voting record: Annex 1, Item 1)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0090)

(P5_TA(2004)0090)

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

(Rule 110a) (vote)

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

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 2)

(Voting record: Annex 1, Item 2)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0091)

(P5_TA(2004)0091)

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

(vote)

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

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 3)

(Voting record: Annex 1, Item 3)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0092)

(P5_TA(2004)0092)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0092)

(P5_TA(2004)0092)

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

(vote)

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

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 4)

(Voting record: Annex 1, Item 4)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0093)

(P5_TA(2004)0093)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0093)

(P5_TA(2004)0093)

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

(vote)

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

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 5)

(Voting record: Annex 1, Item 5)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0094)

(P5_TA(2004)0094)

7.6.   Crisis in the steel sector (vote)

(vote)

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

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 6)

(Voting record: Annex 1, Item 6)

MOTION FOR A RESOLUTION RC-B5-0076/2004

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

tabled by the following Members:

| — | Antonio Tajani, on behalf of the PPE-DE Group, |
| --- | --- |

—

Antonio Tajani, on behalf of the PPE-DE Group,

| — | Pasqualina Napoletano, Guido Sacconi, Giorgio Ruffolo and Walter Veltroni, on behalf of the PSE Group, |
| --- | --- |

—

Pasqualina Napoletano, Guido Sacconi, Giorgio Ruffolo and Walter Veltroni, on behalf of the PSE Group,

| — | Francesco Rutelli, Luciana Sbarbati, Antonio Di Pietro, Giorgio Calò and Paolo Costa, on behalf of the ELDR Group, |
| --- | --- |

—

Francesco Rutelli, Luciana Sbarbati, Antonio Di Pietro, Giorgio Calò and Paolo Costa, on behalf of the ELDR Group,

| — | Monica Frassoni and Giorgio Celli, on behalf of the Verts/ALE Group, |
| --- | --- |

—

Monica Frassoni and Giorgio Celli, on behalf of the Verts/ALE Group,

| — | Fausto Bertinotti, Luigi Vinci, Gérard Caudron, Luisa Morgantini and Giuseppe Di Lello Finuoli, on behalf of the GUE/NGL Group, |
| --- | --- |

—

Fausto Bertinotti, Luigi Vinci, Gérard Caudron, Luisa Morgantini and Giuseppe Di Lello Finuoli, on behalf of the GUE/NGL Group,

| — | Roberta Angelilli, on behalf of the UEN Group. |
| --- | --- |

—

Roberta Angelilli, on behalf of the UEN Group.

Adopted (P5_TA(2004)0095)

(P5_TA(2004)0095)

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

(vote)

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

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 7)

(Voting record: Annex 1, Item 7)

MOTION FOR A RESOLUTION RC-B5-0053/2004

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

tabled by the following Members:

| — | Klaus-Heiner Lehne and Francesco Fiori, on behalf of the PPE-DE Group |
| --- | --- |

—

Klaus-Heiner Lehne and Francesco Fiori, on behalf of the PPE-DE Group

| — | Robert Goebbels, on behalf of the PSE Group |
| --- | --- |

—

Robert Goebbels, on behalf of the PSE Group

| — | Karin Riis-Jørgensen, on behalf of the ELDR Group |
| --- | --- |

—

Karin Riis-Jørgensen, on behalf of the ELDR Group

| — | Pierre Jonckheer, Alain Lipietz, Miquel Mayol i Raynal and Monica Frassoni, on behalf of the Verts/ALE Group |
| --- | --- |

—

Pierre Jonckheer, Alain Lipietz, Miquel Mayol i Raynal and Monica Frassoni, on behalf of the Verts/ALE Group

| — | Luigi Vinci, on behalf of the GUE/NGL Group |
| --- | --- |

—

Luigi Vinci, on behalf of the GUE/NGL Group

| — | Cristiana Muscardini, on behalf of the UEN Group |
| --- | --- |

—

Cristiana Muscardini, on behalf of the UEN Group

Adopted (P5_TA(2004)0096)

(P5_TA(2004)0096)

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

(vote)

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

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 8)

(Voting record: Annex 1, Item 8)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0097)

(P5_TA(2004)0097)

7.9.   Afghanistan (vote)

(vote)

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

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 9)

(Voting record: Annex 1, Item 9)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0098)

(P5_TA(2004)0098)

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

(vote)

Motion for a resolution B5-0049/2004.

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 10)

(Voting record: Annex 1, Item 10)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0099)

(P5_TA(2004)0099)

8.   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.

9.   Corrections to votes

Corrections to votes were submitted by the following Members:

Report Vattimo — A5-0027/2004

| — | single vote

  for: Rainer Wieland, Jacqueline Foster, Christoph Werner Konrad, Jean-Louis Bourlanges, Marianne L.P. Thyssen, Jo Leinen, Karin Junker, James Nicholson, José Javier Pomés Ruiz, Fodé Sylla, Dana Rosemary Scallon, Arlene McCarthy, Rodi Kratsa-Tsagaropoulou and María Sornosa Martínez

  abstention: Gianfranco Dell'Alba |
| --- | --- |

—

single vote

for: Rainer Wieland, Jacqueline Foster, Christoph Werner Konrad, Jean-Louis Bourlanges, Marianne L.P. Thyssen, Jo Leinen, Karin Junker, James Nicholson, José Javier Pomés Ruiz, Fodé Sylla, Dana Rosemary Scallon, Arlene McCarthy, Rodi Kratsa-Tsagaropoulou and María Sornosa Martínez

for:

abstention: Gianfranco Dell'Alba

abstention:

10.   Membership of political groups

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

*

- *

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

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

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

IN THE CHAIR: Alonso José PUERTA

Vice-President

11.   Approval of Minutes of previous sitting

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

The Minutes of the previous sitting were approved.

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

(Oral question with debate)

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

Philippe A.R. Herzog moved the oral question.

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

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

The debate closed.

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

(Oral question with debate)

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

Roy Perry moved the oral question.

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

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

The debate closed.

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

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

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

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

14.   Elections in Iran (debate)

(debate)

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

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

IN THE CHAIR: Gérard ONESTA

Vice-President

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

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

The debate closed.

Vote: Item 18.1.

Item 18.1.

15.   Political assassinations in Cambodia (debate)

(debate)

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

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

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

The debate closed.

Vote: Item 18.2.

Item 18.2.

16.   Greek seamen held in Karachi (debate)

(debate)

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

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

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

The debate closed.

Vote: Item 18.3.

Item 18.3

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

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

17.   Communication of common positions of the Council

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

| — | European Parliament and Council Regulation creating a European enforcement order for uncontested claims (C5-0067/2004 — 2002/0090(COD) — 16041/1/2003 — COM(2004) 90 — 5868/2004)







  referred to | responsible: | JURI |
| --- | --- | --- | --- |

—

European Parliament and Council Regulation creating a European enforcement order for uncontested claims (C5-0067/2004 — 2002/0090(COD) — 16041/1/2003 — COM(2004) 90 — 5868/2004)

referred to

responsible:

JURI

| — | European Parliament and Council Decision establishing a Community action programme to promote organisations active at European level in the field of equality between men and women (C5-0068/2004 — 2003/0109(COD) — 16185/1/2003 — COM(2004) 100 — 5383/2004)







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

—

European Parliament and Council Decision establishing a Community action programme to promote organisations active at European level in the field of equality between men and women (C5-0068/2004 — 2003/0109(COD) — 16185/1/2003 — COM(2004) 100 — 5383/2004)

referred to

responsible:

FEMM

opinion

ITRE

asked for opinion at first reading:

BUDG, CONT

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

18.   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.

18.1.   Iran (vote)

(vote)

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

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 11)

(Voting record: Annex 1, Item 11)

MOTION FOR A RESOLUTION RC-B5-0080/2004

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

tabled by the following Members:

| — | Ilkka Suominen, Michael Gahler, Arie M. Oostlander, Bernd Posselt and Lennart Sacrédeus, on behalf of the PPE-DE Group, |
| --- | --- |

—

Ilkka Suominen, Michael Gahler, Arie M. Oostlander, Bernd Posselt and Lennart Sacrédeus, on behalf of the PPE-DE Group,

| — | Enrique Barón Crespo, Margrietus J. van den Berg, Anna Karamanou, Johannes (Hannes) Swoboda and Jannis Sakellariou, on behalf of the PSE Group, |
| --- | --- |

—

Enrique Barón Crespo, Margrietus J. van den Berg, Anna Karamanou, Johannes (Hannes) Swoboda and Jannis Sakellariou, on behalf of the PSE Group,

| — | Bob van den Bos, on behalf of the ELDR Group, |
| --- | --- |

—

Bob van den Bos, on behalf of the ELDR Group,

| — | Joost Lagendijk, Daniel Marc Cohn-Bendit, Monica Frassoni, Nelly Maes and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, |
| --- | --- |

—

Joost Lagendijk, Daniel Marc Cohn-Bendit, Monica Frassoni, Nelly Maes and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group,

| — | Pedro Marset Campos and Esko Olavi Seppänen, on behalf of the GUE/NGL Group, |
| --- | --- |

—

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

| — | Bastiaan Belder, on behalf of the EDD Group. |
| --- | --- |

—

Bastiaan Belder, on behalf of the EDD Group.

Adopted (P5_TA(2004)0100)

(P5_TA(2004)0100)

The following spoke:

The following spoke:

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

18.2.   Cambodia (vote)

(vote)

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

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 12)

(Voting record: Annex 1, Item 12)

MOTION FOR A RESOLUTION RC-B5-0079/2004

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

tabled by the following Members:

| — | Hartmut Nassauer, Thomas Mann, Bernd Posselt and José Ignacio Salafranca Sánchez-Neyra, on behalf of the PPE-DE Group, |
| --- | --- |

—

Hartmut Nassauer, Thomas Mann, Bernd Posselt and José Ignacio Salafranca Sánchez-Neyra, on behalf of the PPE-DE Group,

| — | Margrietus J. van den Berg, Karin Junker and Glyn Ford, on behalf of the PSE Group, |
| --- | --- |

—

Margrietus J. van den Berg, Karin Junker and Glyn Ford, on behalf of the PSE Group,

| — | Graham R. Watson and Bob van den Bos, on behalf of the ELDR Group, |
| --- | --- |

—

Graham R. Watson and Bob van den Bos, on behalf of the ELDR Group,

| — | Marie Anne Isler Béguin and Patricia McKenna, on behalf of the Verts/ALE Group, |
| --- | --- |

—

Marie Anne Isler Béguin and Patricia McKenna, on behalf of the Verts/ALE Group,

| — | Herman Schmid, on behalf of the GUE/NGL Group, |
| --- | --- |

—

Herman Schmid, on behalf of the GUE/NGL Group,

| — | Emma Bonino, Marco Pannella, Gianfranco Dell'Alba, Olivier Dupuis and Maurizio Turco, on behalf of the Non-attached Members. |
| --- | --- |

—

Emma Bonino, Marco Pannella, Gianfranco Dell'Alba, Olivier Dupuis and Maurizio Turco, on behalf of the Non-attached Members.

Adopted (P5_TA(2004)0101)

(P5_TA(2004)0101)

The following spoke:

The following spoke:

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

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

(vote)

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

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 13)

(Voting record: Annex 1, Item 13)

MOTION FOR A RESOLUTION RC-B5-0078/2004

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

tabled by the following Members:

| — | Christos Zacharakis and Thomas Mann, on behalf of the PPE-DE Group, |
| --- | --- |

—

Christos Zacharakis and Thomas Mann, on behalf of the PPE-DE Group,

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

—

Margrietus J. van den Berg and Giorgos Katiforis, on behalf of the PSE Group,

| — | Bob van den Bos, on behalf of the ELDR Group, |
| --- | --- |

—

Bob van den Bos, on behalf of the ELDR Group,

| — | Alexandros Alavanos, Efstratios Korakas and Emmanouil Bakopoulos, on behalf of the GUE/NGL Group, |
| --- | --- |

—

Alexandros Alavanos, Efstratios Korakas and Emmanouil Bakopoulos, on behalf of the GUE/NGL Group,

| — | Theodorus J.J. Bouwman, on behalf of the Verts/ALE Group, |
| --- | --- |

—

Theodorus J.J. Bouwman, on behalf of the Verts/ALE Group,

| — | Cristiana Muscardini, on behalf of the UEN Group. |
| --- | --- |

—

Cristiana Muscardini, on behalf of the UEN Group.

Adopted (P5_TA(2004)0102)

(P5_TA(2004)0102)

The following spoke:

The following spoke:

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

19.   Membership of committees

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

AFET Committee:

| — | Agnes Vadai to replace Gyula Vari |
| --- | --- |

—

Agnes Vadai to replace Gyula Vari

LIBE Committee:

| — | Gyula Vari to replace Agnes Vadai |
| --- | --- |

—

Gyula Vari to replace Agnes Vadai

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

Cooperation between committees

Cooperation between committees

Rule 162a had been applied to the following reports:

ENVI Committee:

| — | European Parliament and Council regulation concerning the Registration, Evaluation, Authorisation and Restrictions of Chemicals (REACH), establishing a European Chemicals Agency and amending Directive 1999/45/EC and Regulation (EC) on Persistent Organic Pollutants (COM(2003) 644 — C5-0530/2003 — 2003/0256(COD)) |
| --- | --- |

—

European Parliament and Council regulation concerning the Registration, Evaluation, Authorisation and Restrictions of Chemicals (REACH), establishing a European Chemicals Agency and amending Directive 1999/45/EC and Regulation (EC) on Persistent Organic Pollutants (COM(2003) 644 — C5-0530/2003 — 2003/0256(COD))

| — | European Parliament and Council directive amending Council Directive 67/548/CEE adapting to the ‘REACH Regulation’ (COM(2003) 644 — C5-0531/2003 — 2003/0257(COD))
  Rule 162a procedure between JURI and ITRE
  (Conference of Presidents' decision of 5 February 2004) |
| --- | --- |

—

European Parliament and Council directive amending Council Directive 67/548/CEE adapting to the ‘REACH Regulation’ (COM(2003) 644 — C5-0531/2003 — 2003/0257(COD))

Rule 162a procedure between JURI and ITRE

(Conference of Presidents' decision of 5 February 2004)

Referral to committees

Referral to committees

The FEMM Committee was asked for its opinion on:

| — | European Parliament and Council regulation concerning the Registration, Evaluation, Authorisation and Restrictions of Chemicals (REACH), establishing a European Chemicals Agency and amending Directive 1999/45/EC and Regulation (EC) on Persistent Organic Pollutants (COM(2003) 644 — C5-0530/2003 — 2003/0256(COD))
  (Committee responsible: ENVI) |
| --- | --- |

—

European Parliament and Council regulation concerning the Registration, Evaluation, Authorisation and Restrictions of Chemicals (REACH), establishing a European Chemicals Agency and amending Directive 1999/45/EC and Regulation (EC) on Persistent Organic Pollutants (COM(2003) 644 — C5-0530/2003 — 2003/0256(COD))

(Committee responsible: ENVI)

| — | European Parliament and Council Directive amending Council Directive 67/548/CEE adapting to the ‘REACH Regulation’ (COM(2003) 644 — C5-0531/2003 — 2003/0257(COD))
  (Committee responsible: ENVI) |
| --- | --- |

—

European Parliament and Council Directive amending Council Directive 67/548/CEE adapting to the ‘REACH Regulation’ (COM(2003) 644 — C5-0531/2003 — 2003/0257(COD))

(Committee responsible: ENVI)

Decision to draw up a report, pursuant to Rule 180

Decision to draw up a report, pursuant to Rule 180

AFCO Committee:

| — | EP Rules of procedures: request for opinion from European agencies (2004/2008(REG))
  (Conference of Presidents' decision of 13 November 2003) |
| --- | --- |

—

EP Rules of procedures: request for opinion from European agencies (2004/2008(REG))

(Conference of Presidents' decision of 13 November 2003)

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

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

ECON Committee:

| — | Report on the EIB activity report for 2002 (2004/2012(INI))
  (Conference of Presidents' decision of 5 February 2004) |
| --- | --- |

—

Report on the EIB activity report for 2002 (2004/2012(INI))

(Conference of Presidents' decision of 5 February 2004)

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

(Rule 51)

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

| No Document | Auteur | Signatures |
| --- | --- | --- |
| 26/2003 | Caroline Lucas, Ulla Margrethe Sandbæk and Pernille Frahm | 47 |
| 27/2003 | Marco Cappato and Daniel Marc Cohn-Bendit | 95 |
| 28/2003 | Sebastiano (Nello) Musumeci, Cristiana Muscardini, Mauro Nobilia and Adriana Poli Bortone | 29 |
| 29/2003 | Chris Davies, Johanna L.A. Boogerd-Quaak, Marco Cappato, Anna Karamanou and Michiel van Hulten | 70 |
| 30/2003 | Jonathan Evans, Jacqueline Foster, Martin Callanan, Ian Twinn and Timothy Kirkhope | 55 |
| 31/2003 | José Ribeiro e Castro | 28 |
| 1/2004 | Richard Howitt, Mario Mantovani, Elizabeth Lynne, Patricia McKenna and Ilda Figueiredo | 170 |
| 2/2004 | Marie Anne Isler Béguin | 23 |
| 3/2004 | Philip Claeys and Koenraad Dillen | 15 |
| 4/2004 | Hiltrud Breyer, Alexander de Roo, Marie Anne Isler Béguin, Paul A.A.J.G. Lannoye and Caroline Lucas | 19 |
| 5/2004 | Claude Moraes, Stephen Hughes, Imelda Mary Read, Marie-Hélène Gillig and Alejandro Cercas | 25 |
| 6/2004 | Piia-Noora Kauppi, Sarah Ludford, Johannes (Hannes) Swoboda and Nelly Maes | 23 |
| 7/2004 | Ward Beysen | 2 |
| 8/2004 | Philip Claeys, Koenraad Dillen, Bruno Gollnisch and Mario Borghezio | 6 |
| 9/2004 | Marie Anne Isler Béguin and Jean Lambert | 10 |
| 10/2004 | Mario Borghezio | 10 |

No Document

Auteur

Signatures

26/2003

Caroline Lucas, Ulla Margrethe Sandbæk and Pernille Frahm

47

27/2003

Marco Cappato and Daniel Marc Cohn-Bendit

95

28/2003

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

29

29/2003

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

70

30/2003

Jonathan Evans, Jacqueline Foster, Martin Callanan, Ian Twinn and Timothy Kirkhope

55

31/2003

José Ribeiro e Castro

28

1/2004

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

170

2/2004

Marie Anne Isler Béguin

23

3/2004

Philip Claeys and Koenraad Dillen

15

4/2004

Hiltrud Breyer, Alexander de Roo, Marie Anne Isler Béguin, Paul A.A.J.G. Lannoye and Caroline Lucas

19

5/2004

Claude Moraes, Stephen Hughes, Imelda Mary Read, Marie-Hélène Gillig and Alejandro Cercas

25

6/2004

Piia-Noora Kauppi, Sarah Ludford, Johannes (Hannes) Swoboda and Nelly Maes

23

7/2004

Ward Beysen

2

8/2004

Philip Claeys, Koenraad Dillen, Bruno Gollnisch and Mario Borghezio

6

9/2004

Marie Anne Isler Béguin and Jean Lambert

10

10/2004

Mario Borghezio

10

22.   Forwarding of texts adopted during the sitting

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

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

23.   Dates for next sittings

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

24.   Adjournment of session

The session of the European Parliament was adjourned.

The sitting closed at 17.10.

Julian Priestley

Secretary-General

Pat Cox

President

---

ATTENDANCE REGISTER

The following signed:

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

Observers

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

---

ANNEX 1

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.   MEDIA-Training 2001-2005 ***I

Report: VATTIMO (A5-0027/2004)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 409, 14, 16 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

409, 14, 16

Requests for roll-call votes

PPE-DE: single vote

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

Report: VELTRONI (A5-0028/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

3.   European Maritime Safety Agency ***I

Report: MASTORAKIS (A5-0021/2004)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-14 | committee | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-14

committee

+

vote: amended proposal

+

vote: legislative resolution

+

4.   Intermodal Loading Units ***I

Report: STOCKMANN (A5-0016/2004)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-15
  17 | committee | | + | |
| amendments by committee responsible — separate votes | 16 | committee | sep | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-15

17

committee

+

amendments by committee responsible — separate votes

16

committee

sep

+

vote: amended proposal

+

vote: legislative resolution

+

Requests for separate vote

EDD: am 16

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

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

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| draft legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

draft legislative resolution

+

6.   Crisis in the steel sector

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

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution RC5-0076/2004




  (PPE-DE, PSE, ELDR, Verts/ALE, GUE/NGL, UEN) |
| § 3 | 1 | GUE/NGL | EV | - | 196, 222, 7 |
| § 6 | | | split | | |
| 1 | + | |
| 2 | + | |
| § 7 | | | | + | |
| recital E | | | split | | |
| 1 | + | |
| 2 | + | |
| vote: resolution (as a whole) | | + | |
| motions for resolutions by political groups |
| B5-0076/2004 | | PSE | | ↓ | |
| B5-0089/2004 | | ELDR | | ↓ | |
| B5-0090/2004 | | GUE/NGL | | ↓ | |
| B5-0091/2004 | | Verts/ALE | | ↓ | |
| B5-0092/2004 | | UEN | | ↓ | |
| B5-0093/2004 | | PPE-DE | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution RC5-0076/2004

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

§ 3

1

GUE/NGL

EV

-

196, 222, 7

§ 6

split

1

+

2

+

§ 7

+

recital E

split

1

+

2

+

vote: resolution (as a whole)

+

motions for resolutions by political groups

B5-0076/2004

PSE

↓

B5-0089/2004

ELDR

↓

B5-0090/2004

GUE/NGL

↓

B5-0091/2004

Verts/ALE

↓

B5-0092/2004

UEN

↓

B5-0093/2004

PPE-DE

↓

Requests for separate vote

ELDR: § 7

Requests for split votes

ELDR

recital E

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

2nd part: those words

§ 6

1st part: up to ‘social impact’

2nd part: remainder

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

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

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution — RC5-0053/2004




  (PPE-DE, PSE, ELDR, Verts/ALE, GUE/NGL, UEN) |
| after § 14 | 1 | PSE | split | | |
| 1/EV | + | 282, 132, 4 |
| 2/EV | - | 187, 221, 9 |
| after § 15 | 3 | PSE | | + | |
| after § 16 | 2 | PSE | | - | |
| vote: resolution (as a whole) | | + | |
| motions for resolutions by political groups |
| B5-0053/2004 | | UEN | | ↓ | |
| B5-0054/2004 | | PPE-DE | | ↓ | |
| B5-0055/2004 | | ELDR | | ↓ | |
| B5-0056/2004 | | Verts/ALE | | ↓ | |
| B5-0057/2004 | | GUE/NGL | | ↓ | |
| B5-0077/2004 | | PSE | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution — RC5-0053/2004

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

after § 14

1

PSE

split

1/EV

+

282, 132, 4

2/EV

-

187, 221, 9

after § 15

3

PSE

+

after § 16

2

PSE

-

vote: resolution (as a whole)

+

motions for resolutions by political groups

B5-0053/2004

UEN

↓

B5-0054/2004

PPE-DE

↓

B5-0055/2004

ELDR

↓

B5-0056/2004

Verts/ALE

↓

B5-0057/2004

GUE/NGL

↓

B5-0077/2004

PSE

↓

Requests for split votes

ELDR

am 1

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

2nd part: remainder

8.   Approximating civil procedural law in the Union

Report: GARGANI (A5-0041/2004)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| art 6, point (b) | 1 | PSE | | + | |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

art 6, point (b)

1

PSE

+

vote: resolution (as a whole)

+

9.   Afghanistan

Report: BRIE (A5-0035/2004)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| after § 2 | 4 =
  5 = | PSE
  GUE/NGL | | + | |
| § 12 | 1 D | PPE-DE | split | | |
| 1 | + | |
| 2 | + | |
| § 19 | 2 D | PPE-DE | | + | |
| § 20 | 6 | GUE/NGL | | + | |
| § 28 | 7 | GUE/NGL | | - | |
| after § 28 | 8 | ELDR | | + | |
| § 38 | 3 | PPE-DE | | - | |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

after § 2

4 =

5 =

PSE

GUE/NGL

+

§ 12

1 D

PPE-DE

split

1

+

2

+

§ 19

2 D

PPE-DE

+

§ 20

6

GUE/NGL

+

§ 28

7

GUE/NGL

-

after § 28

8

ELDR

+

§ 38

3

PPE-DE

-

vote: resolution (as a whole)

+

Requests for split votes

PPE-DE

§ 12

1st part: up to ‘provinces’

2nd part: remainder

Other information

The PPE-DE Group had withdrawn its amendment 1D

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

Motion for a resolution: B5-0049/2004

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| motion for a resolution B5-0049/2004




  (Committee of Foreign Affairs) |
| § 4 | 2 | PSE | | + | |
| 5 | GUE/NGL | | + | |
| § 7 | 6/rev. | GUE/NGL | | + | |
| § 8 | 3 | PSE | | + | |
| § 10 | 7 | PPE-DE | | - | |
| 4 | PSE | | + | |
| § 11 | 1 | PSE | | + | |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

motion for a resolution B5-0049/2004

(Committee of Foreign Affairs)

§ 4

2

PSE

+

5

GUE/NGL

+

§ 7

6/rev.

GUE/NGL

+

§ 8

3

PSE

+

§ 10

7

PPE-DE

-

4

PSE

+

§ 11

1

PSE

+

vote: resolution (as a whole)

+

Requests for separate vote

Verts/ALE: § 11

11.   Elections in Iran

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

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution — RC5-0080/2004




  (PPE-DE, PSE, ELDR, Verts/ALE, GUE/NGL, EDD) |
| § 5 | | | | + | Amended orally |
| § 10 | | original text | split | | |
| 1 | + | |
| 2/EV | + | 41, 28, 1 |
| vote: resolution (as a whole) | | + | |
| motions for resolutions by political groups |
| B5-0080/2004 | | ELDR | | ↓ | |
| B5-0083/2004 | | UEN | | ↓ | |
| B5-0084/2004 | | GUE/NGL | | ↓ | |
| B5-0088/2004 | | PSE | | ↓ | |
| B5-0094/2004 | | PPE-DE | | ↓ | |
| B5-0098/2004 | | Verts/ALE | | ↓ | |
| B5-0099/2004 | | EDD | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution — RC5-0080/2004

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

§ 5

+

Amended orally

§ 10

original text

split

1

+

2/EV

+

41, 28, 1

vote: resolution (as a whole)

+

motions for resolutions by political groups

B5-0080/2004

ELDR

↓

B5-0083/2004

UEN

↓

B5-0084/2004

GUE/NGL

↓

B5-0088/2004

PSE

↓

B5-0094/2004

PPE-DE

↓

B5-0098/2004

Verts/ALE

↓

B5-0099/2004

EDD

↓

Requests for split votes

PSE

§ 10

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

2nd part: those words

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

12.   Political assassinations in Cambodia

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

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution — RC5-0079/2004




  (PPE-DE, PSE, ELDR, Verts/ALE, GUE/NGL, Ms Bonino et al) |
| § 5 | | original text | split | | |
| 1 | + | |
| 2 | - | |
| rec D | | | | + | Amended orally |
| rec F | | | | + | Amended orally |
| vote: resolution (as a whole) | RCV | + | 71, 71, 0 |
| motions for resolutions by political groups |
| B5-0079/2004 | | ELDR | | ↓ | |
| B5-0082/2004 | | PSE | | ↓ | |
| B5-0085/2004 | | GUE/NGL | | ↓ | |
| B5-0095/2004 | | PPE-DE | | ↓ | |
| B5-0097/2004 | | Verts/ALE | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution — RC5-0079/2004

(PPE-DE, PSE, ELDR, Verts/ALE, GUE/NGL, Ms Bonino et al)

§ 5

original text

split

1

+

2

-

rec D

+

Amended orally

rec F

+

Amended orally

vote: resolution (as a whole)

RCV

+

71, 71, 0

motions for resolutions by political groups

B5-0079/2004

ELDR

↓

B5-0082/2004

PSE

↓

B5-0085/2004

GUE/NGL

↓

B5-0095/2004

PPE-DE

↓

B5-0097/2004

Verts/ALE

↓

Requests for roll-call votes

PPE-DE: final vote of the JT MOT

Requests for split votes

ELDR

§ 5

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

2nd part: those words

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

| — | in recital D and in paragraph 7, ‘of the opposition’ was replaced by ‘political personalities’ |
| --- | --- |

—

in recital D and in paragraph 7, ‘of the opposition’ was replaced by ‘political personalities’

| — | in recital F, ‘4 February’ was replaced by ‘7 January’ |
| --- | --- |

—

in recital F, ‘4 February’ was replaced by ‘7 January’

These amendments were incorporated.

13.   Greek seamen held in Karachi

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

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| joint motion for a resolution — RC5-0078/2004




  (PPE-DE, PSE, ELDR, Verts/ALE, GUE/NGL, UEN) |
| vote: resolution (as a whole) | | + | |
| motions for resolutions by political groups |
| B5-0078/2004 | | ELDR | | ↓ | |
| B5-0081/2004 | | PSE | | ↓ | |
| B5-0086/2004 | | GUE/NGL | | ↓ | |
| B5-0087/2004 | | UEN | | ↓ | |
| B5-0096/2004 | | PPE-DE | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

joint motion for a resolution — RC5-0078/2004

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

vote: resolution (as a whole)

+

motions for resolutions by political groups

B5-0078/2004

ELDR

↓

B5-0081/2004

PSE

↓

B5-0086/2004

GUE/NGL

↓

B5-0087/2004

UEN

↓

B5-0096/2004

PPE-DE

↓

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

---

ANNEX II

RESULT OF ROLL-CALL VOTES

Vattimo report A5-0027/2004

Resolution

For: 409

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

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

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

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

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

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

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

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

Against: 14

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

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

Abstention: 16

ELDR: Paulsen, Schmidt

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

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

UEN: Camre

RC — B5-0079/2004 — Cambodia

Resolution

For: 71

EDD: Belder, Sandbæk

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

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

NI: Berthu, Beysen, Gorostiaga Atxalandabaso

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

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

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

---

TEXTS ADOPTED

P5_TA(2004)0090

MEDIA training ***I

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

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 188) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 188) (1),

| — | having regard to Articles 251(2) and 150 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0176/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 150 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0176/2003),

| — | 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 Culture, Youth, Education, the Media and Sport and the opinion of the Committee on Budgets (A5-0027/2004), |
| --- | --- |

—

having regard to the report of the Committee on Culture, Youth, Education, the Media and Sport and the opinion of the Committee on Budgets (A5-0027/2004),

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

1.

Approves the Commission proposal as amended;

| 2. | Considers that the financial statement of the Commission proposal is compatible with the ceiling of heading 3 of the financial perspective without restricting other policies; |
| --- | --- |

2.

Considers that the financial statement of the Commission proposal is compatible with the ceiling of heading 3 of the financial perspective without restricting other policies;

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

3.

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

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

4.

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

---

(1)  Not yet published in OJ.

P5_TC1-COD(2003)0064

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

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

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

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

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

Whereas:

| (1) | The Council and the European Parliament, by Decision No 163/2001/EC (5)
  , established the MEDIA-Training programme, a training programme for professionals in the European audiovisual programme industry, to run from 1 January 2001 to 31 December 2005. |
| --- | --- |

(1)

The Council and the European Parliament, by Decision No 163/2001/EC (5)
  , established the MEDIA-Training programme, a training programme for professionals in the European audiovisual programme industry, to run from 1 January 2001 to 31 December 2005.

| (2) | It is essential to ensure the continuity of Community policy for the support of the European audiovisual sector in view of the objectives followed by the Community under Article 150 of the Treaty. |
| --- | --- |

(2)

It is essential to ensure the continuity of Community policy for the support of the European audiovisual sector in view of the objectives followed by the Community under Article 150 of the Treaty.

| (3) | It is essential that the Commission provide a full and detailed assessment report on the MEDIATraining Programme not later than 31 December 2005, in time for the legislative authority to be able to consider the proposal for a new MEDIA-Training Programme planned to start in 2007, |
| --- | --- |

(3)

It is essential that the Commission provide a full and detailed assessment report on the MEDIATraining Programme not later than 31 December 2005, in time for the legislative authority to be able to consider the proposal for a new MEDIA-Training Programme planned to start in 2007,

HAVE ADOPTED THIS DECISION:

Article 1

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

| (1) | In Article 1, the date of 31 December 2005 is replaced by that of 31 December 2006. |
| --- | --- |

(1)

In Article 1, the date of 31 December 2005 is replaced by that of 31 December 2006.

| (2) | In Article 4(5), the financial framework set at EUR 50 million is replaced by
  EUR 59.4 million, in accordance with Decision No .../2004/EC of the European Parliament and of the Council of .../2004 [amending Decisions Nos 1720/1999/EC, 253/2000/EC, 508/2000/EC, 1031/2000/EC, 1445/2000/EC, 163/2001/EC, 1411/2001/EC, 50/2002/EC, 466/2002/EC, 1145/2002/EC, 1513/2002/EC, 1786/2002/EC, 291/2003/EC and 20/2004/EC in view of adapting the reference amounts to take account of the enlargement of the European Union] (6)

  . |
| --- | --- |

(2)

In Article 4(5), the financial framework set at EUR 50 million is replaced by
  EUR 59.4 million, in accordance with Decision No .../2004/EC of the European Parliament and of the Council of .../2004 [amending Decisions Nos 1720/1999/EC, 253/2000/EC, 508/2000/EC, 1031/2000/EC, 1445/2000/EC, 163/2001/EC, 1411/2001/EC, 50/2002/EC, 466/2002/EC, 1145/2002/EC, 1513/2002/EC, 1786/2002/EC, 291/2003/EC and 20/2004/EC in view of adapting the reference amounts to take account of the enlargement of the European Union] (6)

  .

Article 2

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

Article 3

This Decision is addressed to the Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  Not yet published in the OJ.

1

Not yet published in the OJ.

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

2

OJ C 10, 14.1.2004, p. 8.

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

3

OJ C 23, 27.1.2004, p. 24.

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

4

Position of the European Parliament of 12 February 2004.

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

5

OJ L 26, 27.1.2001, p. 1.

(6)  OJ L ...

6

P5_TA(2004)0091

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

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

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 191) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 191) (1),

| — | having regard to Article 251(2) and Article 157(3) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0177/2003), |
| --- | --- |

—

having regard to Article 251(2) and Article 157(3) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0177/2003),

| — | 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 Culture, Youth, Education, the Media and Sport and the opinion of the Committee on Budgets (A5-0028/2004), |
| --- | --- |

—

having regard to the report of the Committee on Culture, Youth, Education, the Media and Sport and the opinion of the Committee on Budgets (A5-0028/2004),

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

1.

Approves the Commission proposal as amended;

| 2. | Considers that the financial statement of the Commission proposal is compatible with the ceiling of heading 3 of the financial perspective without restricting other policies; |
| --- | --- |

2.

Considers that the financial statement of the Commission proposal is compatible with the ceiling of heading 3 of the financial perspective without restricting other policies;

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

3.

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

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

4.

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

---

(1)  Not yet published in OJ.

P5_TC1-COD(2003)0067

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

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

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

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

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

Whereas:

| (1) | The Council, by Decision 2000/821/EC (5)
  , established the MEDIA Plus programme, a programme to encourage the development, distribution and promotion of European audiovisual works, to run from 1 January 2001 to 31 December 2005. |
| --- | --- |

(1)

The Council, by Decision 2000/821/EC (5)
  , established the MEDIA Plus programme, a programme to encourage the development, distribution and promotion of European audiovisual works, to run from 1 January 2001 to 31 December 2005.

| (2) | It is essential to ensure the continuity of Community policy for the support of the European audiovisual sector in view of the objectives followed by the Community under Article 157 of the Treaty. |
| --- | --- |

(2)

It is essential to ensure the continuity of Community policy for the support of the European audiovisual sector in view of the objectives followed by the Community under Article 157 of the Treaty.

| (3) | It is essential that the Commission provide a full and detailed assessment report on the MEDIA Plus Programme not later than 31 December 2005, in time for the legislative authority to be able to consider the proposal for a new MEDIA Plus Programme planned to start in 2007, and so that the budgetary authority can evaluate the need for a new financial framework, |
| --- | --- |

(3)

It is essential that the Commission provide a full and detailed assessment report on the MEDIA Plus Programme not later than 31 December 2005, in time for the legislative authority to be able to consider the proposal for a new MEDIA Plus Programme planned to start in 2007, and so that the budgetary authority can evaluate the need for a new financial framework,

HAVE ADOPTED THIS DECISION:

Article 1

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

| (1) | In Article 1(1), the date of 31 December 2005 is replaced by that of 31 December 2006. |
| --- | --- |

(1)

In Article 1(1), the date of 31 December 2005 is replaced by that of 31 December 2006.

| (2) | In Article 5(2), the financial framework of EUR 350 million is replaced by
  EUR 453.6 million, including the adjustment to take account of enlargement, following the revision of the financial perspective
  . |
| --- | --- |

(2)

In Article 5(2), the financial framework of EUR 350 million is replaced by
  EUR 453.6 million, including the adjustment to take account of enlargement, following the revision of the financial perspective
  .

Article 2

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

Article 3

This Decision is addressed to the Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  Not yet published in the OJ.

1

Not yet published in the OJ

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

2

OJ C 10, 14.1.2004, p. 8

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

3

OJ C 23, 27.1.2004, p. 24

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

4

Position of the European Parliament of 12 February 2004.

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

5

OJ L 336, 30.12.2000, p. 82

P5_TA(2004)0092

European Maritime Safety Agency ***I

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

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 440) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 440) (1),

| — | having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0393/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0393/2003),

| — | 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 Regional Policy, Transport and Tourism and the opinion of the Committee on Budgets (A5-0021/2004), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinion of the Committee on Budgets (A5-0021/2004),

| 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)  Not yet published in OJ.

P5_TC1-COD(2003)0159

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

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

Having consulted the Committee of the Regions,

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

Whereas:

| (1) | Regulation (EC) No 1406/2002 (3) established a European Maritime Safety Agency (‘the Agency’) for the purpose of ensuring a high, uniform and effective level of maritime safety and prevention of pollution by ships. |
| --- | --- |

(1)

Regulation (EC) No 1406/2002 (3) established a European Maritime Safety Agency (‘the Agency’) for the purpose of ensuring a high, uniform and effective level of maritime safety and prevention of pollution by ships.

| (2) | On 12 December 2002, the Diplomatic Conference of the International Maritime Organisation (IMO) adopted a number of amendments to the International Convention for the Safety of Life at Sea (SOLAS) and an International Ship and Port Facility Security Code (ISPS) that provide a set of measures regarding maritime security. It is therefore appropriate to specify the role of the Agency in the field of maritime security. |
| --- | --- |

(2)

On 12 December 2002, the Diplomatic Conference of the International Maritime Organisation (IMO) adopted a number of amendments to the International Convention for the Safety of Life at Sea (SOLAS) and an International Ship and Port Facility Security Code (ISPS) that provide a set of measures regarding maritime security. It is therefore appropriate to specify the role of the Agency in the field of maritime security.

| (3) | It is important to take appropriate security measures to ensure the safety of Community shipping and Community ports as well as the safety of passengers, crews and port staff, against the threats of intentional unlawful acts. |
| --- | --- |

(3)

It is important to take appropriate security measures to ensure the safety of Community shipping and Community ports as well as the safety of passengers, crews and port staff, against the threats of intentional unlawful acts.

| (4) | Regulation (EC) No .../2004 of the European Parliament and of the Council of ... on enhancing ship and port facility security (4) assigns to the Commission certain inspection tasks in relation to the checking of the implementation of these security measures by Member States, in the performance of which the Agency could provide useful technical assistance. These tasks shall cover inspections of ships and related companies, as well as recognised security organisations authorised to undertake certain security-related activities in this context. |
| --- | --- |

(4)

Regulation (EC) No .../2004 of the European Parliament and of the Council of ... on enhancing ship and port facility security (4) assigns to the Commission certain inspection tasks in relation to the checking of the implementation of these security measures by Member States, in the performance of which the Agency could provide useful technical assistance. These tasks shall cover inspections of ships and related companies, as well as recognised security organisations authorised to undertake certain security-related activities in this context.

| (5) | Recent accidents in Community waters, particularly those of the oil tankers ‘Erika’ and ‘Prestige’, demonstrated the need for additional Community action not only in the field of pollution prevention, but also in the pollution response field. |
| --- | --- |

(5)

Recent accidents in Community waters, particularly those of the oil tankers ‘Erika’ and ‘Prestige’, demonstrated the need for additional Community action not only in the field of pollution prevention, but also in the pollution response field.

| (6) | Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 (5) set up a Community framework for cooperation in the field of accidental or deliberate marine pollution for the period from 1 January 2000 to 31 December 2006. |
| --- | --- |

(6)

Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 (5) set up a Community framework for cooperation in the field of accidental or deliberate marine pollution for the period from 1 January 2000 to 31 December 2006.

| (7) | Council Decision 2001/792/EC, Euratom of 23 October 2001 (6) established a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions, including accidental marine pollution. This mechanism involves a Commission monitoring and information centre deployed in all cases of civil protection assistance interventions. |
| --- | --- |

(7)

Council Decision 2001/792/EC, Euratom of 23 October 2001 (6) established a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions, including accidental marine pollution. This mechanism involves a Commission monitoring and information centre deployed in all cases of civil protection assistance interventions.

| (8) | The Agency should be provided with the appropriate means to support on request the pollution response mechanisms of the Member States. The activities of the Agency in this field should not relieve coastal States of their responsibility to have appropriate pollution response mechanisms in place and should respect existing cooperation arrangements between Member States or groups of Member States in this field. In the event of a pollution incident, the Agency should assist the affected Member State under the authority of which the cleaning up operations will be conducted. The Agency should act in support of the Community mechanism in the field of civil protection. |
| --- | --- |

(8)

The Agency should be provided with the appropriate means to support on request the pollution response mechanisms of the Member States. The activities of the Agency in this field should not relieve coastal States of their responsibility to have appropriate pollution response mechanisms in place and should respect existing cooperation arrangements between Member States or groups of Member States in this field. In the event of a pollution incident, the Agency should assist the affected Member State under the authority of which the cleaning up operations will be conducted. The Agency should act in support of the Community mechanism in the field of civil protection.

| (9) | Directive 2003/103/EC of the European Parliament and of the Council amending Directive 2001/25/EC on the minimum level of training of seafarers (7) introduces new procedures with regard to the recognition of certificates of competency of seafarers issued by third countries. The Agency should assist the Commission in the evaluation of the compliance of those countries with the requirements of the 1978 International Convention on Standards of Training, Certification and Watchkeeping (STCW Convention). |
| --- | --- |

(9)

Directive 2003/103/EC of the European Parliament and of the Council amending Directive 2001/25/EC on the minimum level of training of seafarers (7) introduces new procedures with regard to the recognition of certificates of competency of seafarers issued by third countries. The Agency should assist the Commission in the evaluation of the compliance of those countries with the requirements of the 1978 International Convention on Standards of Training, Certification and Watchkeeping (STCW Convention).

| (10) | The Administrative Board of the Agency should have the competence, in agreement with the Commission, to define a policy plan with regard to the Agency's pollution preparedness and response activities. In drawing up the plan, the Administrative Board should take into account the added value which the Agency's pollution response activities involve for the activities of the Member States, as well as the best possible combination of cost and efficiency. |
| --- | --- |

(10)

The Administrative Board of the Agency should have the competence, in agreement with the Commission, to define a policy plan with regard to the Agency's pollution preparedness and response activities. In drawing up the plan, the Administrative Board should take into account the added value which the Agency's pollution response activities involve for the activities of the Member States, as well as the best possible combination of cost and efficiency.

| (11) | Regard should be had to the existing agreements on accidental pollution, such as the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances, 1983 (Bonn Cooperation Agreement), which facilitate mutual assistance and cooperation between Member States in this field, as well as to the relevant international conventions and agreements for the protection of European maritime areas from pollution incidents, such as the International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990 (OPRC Convention) developed under the auspices of the IMO, the Convention for the Protection of the Marine Environment of the North-East Atlantic of 22 September 1992 (OSPAR Convention), the Barcelona Convention, the Helsinki Convention and the Lisbon Agreement. |
| --- | --- |

(11)

Regard should be had to the existing agreements on accidental pollution, such as the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances, 1983 (Bonn Cooperation Agreement), which facilitate mutual assistance and cooperation between Member States in this field, as well as to the relevant international conventions and agreements for the protection of European maritime areas from pollution incidents, such as the International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990 (OPRC Convention) developed under the auspices of the IMO, the Convention for the Protection of the Marine Environment of the North-East Atlantic of 22 September 1992 (OSPAR Convention), the Barcelona Convention, the Helsinki Convention and the Lisbon Agreement.

| (12) | For future appointments in the administrative structure of the Agency (Administrative Board, Executive Director), due account should be taken of the required experience and expertise in the new fields of competence of the Agency: the response to pollution caused by ships and maritime security. |
| --- | --- |

(12)

For future appointments in the administrative structure of the Agency (Administrative Board, Executive Director), due account should be taken of the required experience and expertise in the new fields of competence of the Agency: the response to pollution caused by ships and maritime security.

| (13) | Third countries wishing to participate in the Agency should adopt and apply Community law in all fields of competence of the Agency, including the response to pollution caused by ships and maritime security. |
| --- | --- |

(13)

Third countries wishing to participate in the Agency should adopt and apply Community law in all fields of competence of the Agency, including the response to pollution caused by ships and maritime security.

| (14) | Regulation (EC) No 1406/2002 should, therefore, be amended accordingly, |
| --- | --- |

(14)

Regulation (EC) No 1406/2002 should, therefore, be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

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

| 1) | Article 1 shall be amended as follows:






  a) | paragraphs 1 and 2 shall be replaced by the following:
  ‘1.   This Regulation establishes a European Maritime Safety Agency (“the Agency”) for the purpose of ensuring a high, uniform and effective level of maritime safety, maritime security within the limits of the tasks defined in Article 2(b)(iv), prevention of pollution and response to pollution by ships within the Community.
  2.   The Agency shall provide the Member States and the Commission with the technical and scientific assistance needed and with a high level of expertise, in order to help them to apply the Community legislation properly in the field of maritime safety, maritime security within the limits of the tasks defined in Article 2(b)(iv), prevention of pollution caused by ships, to monitor its implementation and to evaluate the effectiveness of the measures in place.’ |
| --- | --- | --- |

1)

Article 1 shall be amended as follows:

a)

paragraphs 1 and 2 shall be replaced by the following:

‘1.   This Regulation establishes a European Maritime Safety Agency (“the Agency”) for the purpose of ensuring a high, uniform and effective level of maritime safety, maritime security within the limits of the tasks defined in Article 2(b)(iv), prevention of pollution and response to pollution by ships within the Community.

2.   The Agency shall provide the Member States and the Commission with the technical and scientific assistance needed and with a high level of expertise, in order to help them to apply the Community legislation properly in the field of maritime safety, maritime security within the limits of the tasks defined in Article 2(b)(iv), prevention of pollution caused by ships, to monitor its implementation and to evaluate the effectiveness of the measures in place.’

| b) | the following paragraph shall be added:
  ‘3.   The Agency shall provide Member States and the Commission with technical and scientific assistance in the field of accidental or deliberate pollution by ships and support on request with additional means in a cost-efficient way the pollution response mechanisms of Member States, without prejudice to the responsibility of coastal States to have appropriate pollution response mechanisms in place and respecting existing cooperation between Member States in this field. It shall act in support of the Community framework for cooperation in the field of accidental or deliberate marine pollution established by Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution (8) and of the Community mechanism in the field of civil protection assistance interventions, established by Council Decision 2001/792/EC,Euratom of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions (9). |
| --- | --- |

b)

the following paragraph shall be added:

‘3.   The Agency shall provide Member States and the Commission with technical and scientific assistance in the field of accidental or deliberate pollution by ships and support on request with additional means in a cost-efficient way the pollution response mechanisms of Member States, without prejudice to the responsibility of coastal States to have appropriate pollution response mechanisms in place and respecting existing cooperation between Member States in this field. It shall act in support of the Community framework for cooperation in the field of accidental or deliberate marine pollution established by Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution (8) and of the Community mechanism in the field of civil protection assistance interventions, established by Council Decision 2001/792/EC,Euratom of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions (9).

| 2) | Article 2 shall be replaced by the following:
  ‘Article 2
  In order to ensure that the objectives set out in Article 1 are met in the appropriate manner, the Agency shall perform the following tasks:






  (a) | It shall assist the Commission, where appropriate, in the preparatory work for updating and developing Community legislation in the fields of maritime safety and maritime security, the prevention of pollution and response to pollution caused by ships, in particular in line with the development of international legislation in that field. That task shall include the analysis of research projects carried out in the field of maritime safety and maritime security, the prevention of pollution and response to pollution caused by ships. |
| --- | --- | --- |

2)

Article 2 shall be replaced by the following:

‘Article 2

In order to ensure that the objectives set out in Article 1 are met in the appropriate manner, the Agency shall perform the following tasks:

(a)

It shall assist the Commission, where appropriate, in the preparatory work for updating and developing Community legislation in the fields of maritime safety and maritime security, the prevention of pollution and response to pollution caused by ships, in particular in line with the development of international legislation in that field. That task shall include the analysis of research projects carried out in the field of maritime safety and maritime security, the prevention of pollution and response to pollution caused by ships.

| (b) | It shall assist the Commission in the effective implementation of Community legislation on maritime safety and maritime security, prevention of pollution and response to pollution caused by ships throughout the Community. In particular, the Agency shall:






  i) | monitor the overall functioning of the Community port State control regime, which may include visits to the Member States, and suggest to the Commission any possible improvements in that field; |
| --- | --- | --- |

(b)

It shall assist the Commission in the effective implementation of Community legislation on maritime safety and maritime security, prevention of pollution and response to pollution caused by ships throughout the Community. In particular, the Agency shall:

i)

monitor the overall functioning of the Community port State control regime, which may include visits to the Member States, and suggest to the Commission any possible improvements in that field;

| ii) | provide the Commission with the technical assistance necessary to take part in the work of the technical bodies of the Paris Memorandum of understanding on port State control; |
| --- | --- |

ii)

provide the Commission with the technical assistance necessary to take part in the work of the technical bodies of the Paris Memorandum of understanding on port State control;

| iii) | assist the Commission in the performance of any task assigned to it by existing and future Community legislation on maritime safety, ship pollution prevention and ship pollution response, notably legislation applicable to classification societies, the safety of passenger ships, as well as that applicable to the safety, training, certification and watchkeeping of ships' crews, including the verification of compliance of third countries with the requirements of the 1978 International convention on standards of training, certification and watchkeeping, and of the measures taken to prevent fraud involving certificates of competency. |
| --- | --- |

iii)

assist the Commission in the performance of any task assigned to it by existing and future Community legislation on maritime safety, ship pollution prevention and ship pollution response, notably legislation applicable to classification societies, the safety of passenger ships, as well as that applicable to the safety, training, certification and watchkeeping of ships' crews, including the verification of compliance of third countries with the requirements of the 1978 International convention on standards of training, certification and watchkeeping, and of the measures taken to prevent fraud involving certificates of competency.

| iv) | provide the Commission with technical assistance in the performance of the inspection tasks assigned to it pursuant to Article 9(4) of Regulation (EC) No .../2004 of the European Parliament and of the Council of ... on enhancing ship and port facility security (10). This assistance of the Agency to the Commission will be restricted to ship and relevant companies and recognised security organisations authorised to undertake certain security-related activities in this context. |
| --- | --- |

iv)

provide the Commission with technical assistance in the performance of the inspection tasks assigned to it pursuant to Article 9(4) of Regulation (EC) No .../2004 of the European Parliament and of the Council of ... on enhancing ship and port facility security (10). This assistance of the Agency to the Commission will be restricted to ship and relevant companies and recognised security organisations authorised to undertake certain security-related activities in this context.

| (c) | It shall work with the Member States to:






  i) | organise, where appropriate, relevant training activities in fields which are the responsibility of the port State and flag State; |
| --- | --- | --- |

(c)

It shall work with the Member States to:

i)

organise, where appropriate, relevant training activities in fields which are the responsibility of the port State and flag State;

| ii) | develop technical solutions and provide technical assistance related to the implementation of Community legislation; |
| --- | --- |

ii)

develop technical solutions and provide technical assistance related to the implementation of Community legislation;

| iii) | support with additional means in a cost efficient way, via the Community mechanism in the field of civil protection established by Decision 2001/792/EC,Euratom, their pollution response actions in case of accidental or deliberate pollution caused by ships, when such a request has been presented. In this respect, the Agency shall assist the affected Member State under which the cleaning operations are conducted. |
| --- | --- |

iii)

support with additional means in a cost efficient way, via the Community mechanism in the field of civil protection established by Decision 2001/792/EC,Euratom, their pollution response actions in case of accidental or deliberate pollution caused by ships, when such a request has been presented. In this respect, the Agency shall assist the affected Member State under which the cleaning operations are conducted.

| (d) | It shall facilitate cooperation between the Member States and the Commission in the fields covered by Directive 2002/59/EC. In particular, the Agency shall:






  i) | promote cooperation between riparian States in the shipping areas concerned in the fields covered by that Directive; |
| --- | --- | --- |

(d)

It shall facilitate cooperation between the Member States and the Commission in the fields covered by Directive 2002/59/EC. In particular, the Agency shall:

i)

promote cooperation between riparian States in the shipping areas concerned in the fields covered by that Directive;

| ii) | develop and operate any information system necessary for attaining the objectives of the Directive; |
| --- | --- |

ii)

develop and operate any information system necessary for attaining the objectives of the Directive;

| (e) | It shall facilitate cooperation between the Member States and the Commission, with due regard to the different legal systems in the Member States, in the development of a common methodology for investigating maritime accidents according to agreed international principles, in the provision of support to the Member States in activities concerning investigations related to serious maritime accidents, and in the carrying out of an analysis of existing accident investigation reports. |
| --- | --- |

(e)

It shall facilitate cooperation between the Member States and the Commission, with due regard to the different legal systems in the Member States, in the development of a common methodology for investigating maritime accidents according to agreed international principles, in the provision of support to the Member States in activities concerning investigations related to serious maritime accidents, and in the carrying out of an analysis of existing accident investigation reports.

| (f) | It shall provide the Commission and the Member States with objective, reliable and comparable information and data on maritime safety, on maritime security and on pollution by ships to enable them to take the necessary steps to improve their actions in these fields and to evaluate the effectiveness of existing measures. Such tasks shall include the collection, recording and evaluation of technical data in the fields of maritime safety, maritime security and maritime traffic, as well as in the field of marine pollution, both accidental and deliberate, the systematic exploitation of existing databases, including their cross-fertilisation, and, where appropriate, the development of additional databases. On the basis of the data collected, the Agency shall assist the Commission in the publication, every six months, of information relating to ships that have been refused access to Community ports pursuant to Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (11). The Agency will also assist the Commission and the Member States in their activities to improve the identification and pursuit of ships making unlawful discharges. |
| --- | --- |

(f)

It shall provide the Commission and the Member States with objective, reliable and comparable information and data on maritime safety, on maritime security and on pollution by ships to enable them to take the necessary steps to improve their actions in these fields and to evaluate the effectiveness of existing measures. Such tasks shall include the collection, recording and evaluation of technical data in the fields of maritime safety, maritime security and maritime traffic, as well as in the field of marine pollution, both accidental and deliberate, the systematic exploitation of existing databases, including their cross-fertilisation, and, where appropriate, the development of additional databases. On the basis of the data collected, the Agency shall assist the Commission in the publication, every six months, of information relating to ships that have been refused access to Community ports pursuant to Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (11). The Agency will also assist the Commission and the Member States in their activities to improve the identification and pursuit of ships making unlawful discharges.

| (g) | In the course of negotiations with States applying for accession, the Agency may provide technical assistance as regards the implementation of Community legislation in the field of maritime safety, maritime security, and prevention of pollution by ships. The Agency may also provide assistance in case of accidental or deliberate marine pollution affecting these States, via the Community mechanism in the field of civil protection, established by Decision 2001/792/EC Euratom. These tasks shall be coordinated with the existing regional cooperation programs and shall include, where appropriate, the organisation of relevant training activities. |
| --- | --- |

(g)

In the course of negotiations with States applying for accession, the Agency may provide technical assistance as regards the implementation of Community legislation in the field of maritime safety, maritime security, and prevention of pollution by ships. The Agency may also provide assistance in case of accidental or deliberate marine pollution affecting these States, via the Community mechanism in the field of civil protection, established by Decision 2001/792/EC Euratom. These tasks shall be coordinated with the existing regional cooperation programs and shall include, where appropriate, the organisation of relevant training activities.

| 3) | Article 10(2) shall be amended as follows:






  (a) | Point (d) shall be replaced by the following:






  ‘d) | adopt, by 30 November each year, and taking into account the opinion of the Commission, the work programme of the Agency for the coming year and forward it to the Member States, the European Parliament, the Council and the Commission; this work programme shall be adopted without prejudice to the annual Community budgetary procedure. In the event that the Commission expresses, within 15 days from the date of adoption of the work programme, its disagreement with the said programme, the Administrative Board shall re-examine the programme and adopt it, possibly amended, within a period of two months, in second reading either with a two-thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States’ |
| --- | --- | --- | --- |

3)

Article 10(2) shall be amended as follows:

(a)

Point (d) shall be replaced by the following:

‘d)

adopt, by 30 November each year, and taking into account the opinion of the Commission, the work programme of the Agency for the coming year and forward it to the Member States, the European Parliament, the Council and the Commission; this work programme shall be adopted without prejudice to the annual Community budgetary procedure. In the event that the Commission expresses, within 15 days from the date of adoption of the work programme, its disagreement with the said programme, the Administrative Board shall re-examine the programme and adopt it, possibly amended, within a period of two months, in second reading either with a two-thirds majority, including the Commission representatives, or by unanimity of the representatives of the Member States’

| (b) | the following point shall be added:






  ‘k) | adopt, following the procedures set out in point (d), a detailed plan for the Agency's pollution preparedness and response activities, aiming at the optimum use of the financial means available to the Agency’ |
| --- | --- | --- |

(b)

the following point shall be added:

‘k)

adopt, following the procedures set out in point (d), a detailed plan for the Agency's pollution preparedness and response activities, aiming at the optimum use of the financial means available to the Agency’

| 4) | In Article 11, the second subparagraph of paragraph 1 shall be replaced by the following:
  ‘Board members shall be appointed on the basis of their degree of relevant experience and expertise in the field of maritime safety, maritime security, prevention of pollution and response to pollution caused by ships’ |
| --- | --- |

4)

In Article 11, the second subparagraph of paragraph 1 shall be replaced by the following:

‘Board members shall be appointed on the basis of their degree of relevant experience and expertise in the field of maritime safety, maritime security, prevention of pollution and response to pollution caused by ships’

| 5) | Article 15, paragraph 2, point (a) shall be replaced by the following:






  ‘a) | he/she shall prepare the work programme and the detailed plan for the Agency's pollution preparedness and response activities, and submit them to the Administrative Board after consultation of the Commission. He/she shall take the necessary steps for their implementation. He/she shall respond to any requests for assistance from the Commission or from a Member State in accordance with Article 10(2)(c). For information purposes, he/she shall transmit the plan to the Committee established by Article 4 of Decision No 2850/2000/EC as well as to the Committee referred to in Article 9 of Decision 2001/792/EC, Euratom;’ |
| --- | --- | --- |

5)

Article 15, paragraph 2, point (a) shall be replaced by the following:

‘a)

he/she shall prepare the work programme and the detailed plan for the Agency's pollution preparedness and response activities, and submit them to the Administrative Board after consultation of the Commission. He/she shall take the necessary steps for their implementation. He/she shall respond to any requests for assistance from the Commission or from a Member State in accordance with Article 10(2)(c). For information purposes, he/she shall transmit the plan to the Committee established by Article 4 of Decision No 2850/2000/EC as well as to the Committee referred to in Article 9 of Decision 2001/792/EC, Euratom;’

| 6) | In Article 16, the first subparagraph of paragraph 1 shall be replaced by the following:
  ‘1.   The Executive Director of the Agency shall be appointed by the Administrative Board on grounds of merit and documented administrative and managerial skills, as well as competence and experience relevant for maritime safety, maritime security, prevention of pollution and response to pollution caused by ships. The Administrative Board shall take its decision by a four-fifths majority of all members with the right to vote. The Commission may propose a candidate or candidates’ |
| --- | --- |

6)

In Article 16, the first subparagraph of paragraph 1 shall be replaced by the following:

‘1.   The Executive Director of the Agency shall be appointed by the Administrative Board on grounds of merit and documented administrative and managerial skills, as well as competence and experience relevant for maritime safety, maritime security, prevention of pollution and response to pollution caused by ships. The Administrative Board shall take its decision by a four-fifths majority of all members with the right to vote. The Commission may propose a candidate or candidates’

| 7) | Article 17, paragraph 1 shall be replaced by the following:
  ‘1.   The Agency shall be open to the participation of third countries, which have entered into agreements with the European Community, whereby they have adopted and are applying the Community law in the field of maritime safety, maritime security, prevention of pollution and response to pollution caused by ships.’ |
| --- | --- |

7)

Article 17, paragraph 1 shall be replaced by the following:

‘1.   The Agency shall be open to the participation of third countries, which have entered into agreements with the European Community, whereby they have adopted and are applying the Community law in the field of maritime safety, maritime security, prevention of pollution and response to pollution caused by ships.’

| 8) | Article 22, paragraph 2 is shall be replaced by the following:
  ‘2.   The evaluation shall assess the impact of this Regulation, the Agency and its working practices. The Administrative Board shall issue specific terms of reference in agreement with the Commission, following consultations with the parties involved.’ |
| --- | --- |

8)

Article 22, paragraph 2 is shall be replaced by the following:

‘2.   The evaluation shall assess the impact of this Regulation, the Agency and its working practices. The Administrative Board shall issue specific terms of reference in agreement with the Commission, following consultations with the parties involved.’

Article 2

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

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

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

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

2

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

3

(4)  OJ L ...

4

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

5

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

6

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

7

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

8

(9)  OJ L 297, 15.11.2001, p. 7. ’

9

(10)  OJ ...

10

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

11

P5_TA(2004)0093

Intermodal Loading Units ***I

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

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 155) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 155) (1),

| — | having regard to Articles 251(2), 71(1) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0167/2003), |
| --- | --- |

—

having regard to Articles 251(2), 71(1) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0167/2003),

| — | 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 Regional Policy, Transport and Tourism (A5-0016/2004), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0016/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P5_TC1-COD(2003)0056

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

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

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

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

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

Whereas:

| (1) | The Community has an established policy of encouraging sustainable transport, such as multimodal
  and intermodal
  transport operations involving road, rail, inland waterway and short sea shipping. Within the framework of the common transport policy, further measures should be adopted to ensure transport safety. |
| --- | --- |

(1)

The Community has an established policy of encouraging sustainable transport, such as multimodal
  and intermodal
  transport operations involving road, rail, inland waterway and short sea shipping. Within the framework of the common transport policy, further measures should be adopted to ensure transport safety.

| (2) | Containers frequently comply with standards adopted by the International Standardisation Organisation (ISO) but do not offer optimal loading space for pallets or make optimum use of the maximum allowable dimensions in land transport. |
| --- | --- |

(2)

Containers frequently comply with standards adopted by the International Standardisation Organisation (ISO) but do not offer optimal loading space for pallets or make optimum use of the maximum allowable dimensions in land transport.

| (3) | Swap bodies are frequently used in road and rail transport but, owing to their construction, are not suitable for intermodal operations involving a waterborne mode of transport. |
| --- | --- |

(3)

Swap bodies are frequently used in road and rail transport but, owing to their construction, are not suitable for intermodal operations involving a waterborne mode of transport.

| (4) | Intermodal loading units should offer adequate interoperability for handling operations across modes. Owing to the number and diversity of existing units, the introduction of the requirement of harmonised interoperability characteristics should be limited to new units. |
| --- | --- |

(4)

Intermodal loading units should offer adequate interoperability for handling operations across modes. Owing to the number and diversity of existing units, the introduction of the requirement of harmonised interoperability characteristics should be limited to new units.

| (5) | In addition to offering optimal loading space within the framework of applicable European legislation, the new European intermodal loading unit should have the harmonised interoperability characteristics required for any new intermodal loading unit. |
| --- | --- |

(5)

In addition to offering optimal loading space within the framework of applicable European legislation, the new European intermodal loading unit should have the harmonised interoperability characteristics required for any new intermodal loading unit.

| (6) | The objectives of the proposed action are: harmonisation to the same degree of intermodal loading units, procedures for assessment and periodic inspection, and the creation of the European intermodal loading unit. Since these objectives cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in the same Article, this Directive does not go beyond what is necessary in order to achieve these objectives. |
| --- | --- |

(6)

The objectives of the proposed action are: harmonisation to the same degree of intermodal loading units, procedures for assessment and periodic inspection, and the creation of the European intermodal loading unit. Since these objectives cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in the same Article, this Directive does not go beyond what is necessary in order to achieve these objectives.

| (7) | For reasons relating to the specificity of the air freight transport market, this Directive does not cover this mode of transport. |
| --- | --- |

(7)

For reasons relating to the specificity of the air freight transport market, this Directive does not cover this mode of transport.

| (8) | This Directive should not affect the use, control and maintenance of intermodal loading units subject to the International Convention for Safe Containers (CSC) (5)

  . |
| --- | --- |

(8)

This Directive should not affect the use, control and maintenance of intermodal loading units subject to the International Convention for Safe Containers (CSC) (5)

  .

| (9) | The internal market is an area without internal borders in which the free movement of goods is ensured. The regulations concerning such free movement without any obstacles to trade are based on the Council Resolution of 7 May 1985
  on a new approach to technical harmonization and standards (6). This Directive draws its inspiration from these principles. |
| --- | --- |

(9)

The internal market is an area without internal borders in which the free movement of goods is ensured. The regulations concerning such free movement without any obstacles to trade are based on the Council Resolution of 7 May 1985
  on a new approach to technical harmonization and standards (6). This Directive draws its inspiration from these principles.

| (10) | Member States must allow, in accordance with Decision 93/465/EEC
   (7), intermodal loading units bearing the CE marking and the symbols provided for in this Directive showing that the period inspection has been carried out, to move freely on their territory, to be placed on the market, to be used for any transport operation or to be used in accordance with their intended purpose, without requiring further assessment for reasons arising from the implementation of this Directive, or, as far as the European intermodal loading unit is concerned, without requiring conformity with further technical requirements. |
| --- | --- |

(10)

Member States must allow, in accordance with Decision 93/465/EEC
   (7), intermodal loading units bearing the CE marking and the symbols provided for in this Directive showing that the period inspection has been carried out, to move freely on their territory, to be placed on the market, to be used for any transport operation or to be used in accordance with their intended purpose, without requiring further assessment for reasons arising from the implementation of this Directive, or, as far as the European intermodal loading unit is concerned, without requiring conformity with further technical requirements.

| (11) | It is appropriate that a Member State should be able to take measures, whilst keeping the Commission informed, to limit or prohibit the placing on the market and use of intermodal loading units, in particular, in cases where they present a particular risk to the safety of persons and, where appropriate, domestic animals or property
  , or when units which have the CE marking, the symbol referring to the reassessment of these units or the symbol relating to the periodic inspection do not conform
  . The procedure should be duly justified and
  transparent
  . |
| --- | --- |

(11)

It is appropriate that a Member State should be able to take measures, whilst keeping the Commission informed, to limit or prohibit the placing on the market and use of intermodal loading units, in particular, in cases where they present a particular risk to the safety of persons and, where appropriate, domestic animals or property
  , or when units which have the CE marking, the symbol referring to the reassessment of these units or the symbol relating to the periodic inspection do not conform
  . The procedure should be duly justified and
  transparent
  .

| (12) | In
  the context of the principles provided for in the Council Resolution of 7 May 1985, essential requirements in terms of security, safety, handling, securing, strength and identification which are required for intermodal loading units and European intermodal loading units are provided for in this Directive in Annexes I and II. These requirements will be complemented by specific requirements which are essential for ensuring interoperability. The intermodal loading units should meet all these requirements. |
| --- | --- |

(12)

In
  the context of the principles provided for in the Council Resolution of 7 May 1985, essential requirements in terms of security, safety, handling, securing, strength and identification which are required for intermodal loading units and European intermodal loading units are provided for in this Directive in Annexes I and II. These requirements will be complemented by specific requirements which are essential for ensuring interoperability. The intermodal loading units should meet all these requirements.

| (13) | The requirements that intermodal loading units are to meet should not conflict with existing ISO standards in this area. |
| --- | --- |

(13)

The requirements that intermodal loading units are to meet should not conflict with existing ISO standards in this area.

| (14) | In view of the objectives of this Directive and in order to make it easier to demonstrate that new units conform to the requirements, procedures for assessment and for periodic inspections should be established. These procedures should be designed in the light of the importance of the requirements applicable to intermodal loading units. An adequate procedure or a choice between several procedures of equivalent value should be provided for. The procedures adopted should be in conformity with Decision 93/465/EEC. |
| --- | --- |

(14)

In view of the objectives of this Directive and in order to make it easier to demonstrate that new units conform to the requirements, procedures for assessment and for periodic inspections should be established. These procedures should be designed in the light of the importance of the requirements applicable to intermodal loading units. An adequate procedure or a choice between several procedures of equivalent value should be provided for. The procedures adopted should be in conformity with Decision 93/465/EEC.

| (15) | The new intermodal loading units may be placed on the market and put in service only if they conform to the requirements provided for in this Directive. This conformity is shown by the assessment procedures provided for in Decision 93/465/EEC and included in Annex IV. |
| --- | --- |

(15)

The new intermodal loading units may be placed on the market and put in service only if they conform to the requirements provided for in this Directive. This conformity is shown by the assessment procedures provided for in Decision 93/465/EEC and included in Annex IV.

| (16) | The periodic inspection is intended to check that the maintenance condition and wear condition of the intermodal loading units are compatible with safety requirements. It will be carried out in accordance with the procedure in Annex V to this Directive. |
| --- | --- |

(16)

The periodic inspection is intended to check that the maintenance condition and wear condition of the intermodal loading units are compatible with safety requirements. It will be carried out in accordance with the procedure in Annex V to this Directive.

| (17) | The units covered by this Directive should have a CE marking indicating that they conform to the requirements of this Directive. The symbols relating to the harmonised characteristics of the intermodal loading units should be separate from those indicating that the unit is a standardised European intermodal loading unit. Each intermodal loading unit should indicate that it has passed its previous periodic inspection, or, in the case of units that are less than five years old, that they have not yet needed to undergo such an inspection, and showing the date for the next inspection. |
| --- | --- |

(17)

The units covered by this Directive should have a CE marking indicating that they conform to the requirements of this Directive. The symbols relating to the harmonised characteristics of the intermodal loading units should be separate from those indicating that the unit is a standardised European intermodal loading unit. Each intermodal loading unit should indicate that it has passed its previous periodic inspection, or, in the case of units that are less than five years old, that they have not yet needed to undergo such an inspection, and showing the date for the next inspection.

| (18) | In order to achieve the objectives corresponding to the essential requirements provided for in this Directive in Annexes I and II, harmonised standards for intermodal loading units and for European intermodal loading units should be developed. There should also be provision for the adoption of specific requirements for interoperability for these units in accordance with the procedure indicated in Article 12. |
| --- | --- |

(18)

In order to achieve the objectives corresponding to the essential requirements provided for in this Directive in Annexes I and II, harmonised standards for intermodal loading units and for European intermodal loading units should be developed. There should also be provision for the adoption of specific requirements for interoperability for these units in accordance with the procedure indicated in Article 12.

| (19) | The harmonised standards will be developed by
  the
  European
  Committee for Standardisation (CEN) under a mandated procedure at the request of
  the Commission. If these standards are considered to be unsatisfactory in relation to the two types of requirements provided for in the Directive, the Commission or the Member State concerned should refer the matter to the standing committee provided for in Directive 98/34/EC (8). |
| --- | --- |

(19)

The harmonised standards will be developed by
  the
  European
  Committee for Standardisation (CEN) under a mandated procedure at the request of
  the Commission. If these standards are considered to be unsatisfactory in relation to the two types of requirements provided for in the Directive, the Commission or the Member State concerned should refer the matter to the standing committee provided for in Directive 98/34/EC (8).

| (20) | Member States should designate inspection bodies entitled to carry out the conformity assessment and periodic inspection procedures. They should also ensure that such bodies are sufficiently independent, competent and impartial and able to carry out the tasks for which they have been designated and notified. |
| --- | --- |

(20)

Member States should designate inspection bodies entitled to carry out the conformity assessment and periodic inspection procedures. They should also ensure that such bodies are sufficiently independent, competent and impartial and able to carry out the tasks for which they have been designated and notified.

| (21) | The CSC contributes to the aim of increasing the safety of intermodal loading units and European intermodal loading units. Most Member States have already ratified this Convention, in accordance with Recommendation 79/487/EEC (9). |
| --- | --- |

(21)

The CSC contributes to the aim of increasing the safety of intermodal loading units and European intermodal loading units. Most Member States have already ratified this Convention, in accordance with Recommendation 79/487/EEC (9).

| (22) | There needs to be a procedure to allow the Commission to amend certain Annexes to this Directive. |
| --- | --- |

(22)

There needs to be a procedure to allow the Commission to amend certain Annexes to this Directive.

| (23) | There needs to be a procedure to allow the Commission to take the necessary measures if the harmonised standards do not fully meet the requirements of this Directive. |
| --- | --- |

(23)

There needs to be a procedure to allow the Commission to take the necessary measures if the harmonised standards do not fully meet the requirements of this Directive.

| (24) | The necessary measures need to be adopted for the implementation of this Directive in conformity with Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10). |
| --- | --- |

(24)

The necessary measures need to be adopted for the implementation of this Directive in conformity with Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10).

| (25) | Provision should be made for penalties for infringements of the national provisions adopted pursuant to this Directive. |
| --- | --- |

(25)

Provision should be made for penalties for infringements of the national provisions adopted pursuant to this Directive.

| (26) | Arrangements should be made for the implementation of the Directive before the publication of the specifications in the Official Journal of the European Union. |
| --- | --- |

(26)

Arrangements should be made for the implementation of the Directive before the publication of the specifications in the Official Journal of the European Union.

| (27) | Provision should be made for transitional arrangements to enable intermodal loading units which were manufactured before the entry into force of this Directive to be placed on the market or put into service even after that date. |
| --- | --- |

(27)

Provision should be made for transitional arrangements to enable intermodal loading units which were manufactured before the entry into force of this Directive to be placed on the market or put into service even after that date.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

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

Article 2

Scope

1.   This Directive shall apply to:

| a) | intermodal loading
  units in
  existence on the date of its entry into force; |
| --- | --- |

a)

intermodal loading
  units in
  existence on the date of its entry into force;

| b) | intermodal loading units
  newly
  manufactured, placed on the market, put into circulation and/or used, which must meet the requirements set out in Annex I, and the specific requirements for interoperability set out in Article 9; |
| --- | --- |

b)

intermodal loading units
  newly
  manufactured, placed on the market, put into circulation and/or used, which must meet the requirements set out in Annex I, and the specific requirements for interoperability set out in Article 9;

| c) | new European intermodal loading units, which must meet the requirements set out in Annexes I and II, and the specific requirements for interoperability set out in Article 9. |
| --- | --- |

c)

new European intermodal loading units, which must meet the requirements set out in Annexes I and II, and the specific requirements for interoperability set out in Article 9.

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

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

Article 3

Definitions

For the purposes of this Directive:

| (a) | ‘intermodal loading unit’ means either a container or a swap body; |
| --- | --- |

(a)

‘intermodal loading unit’ means either a container or a swap body;

| (b) | ‘European intermodal loading unit’ means an intermodal loading unit constructed in accordance with the essential requirements set out in Annexes I and II and the requirements for interoperability; |
| --- | --- |

(b)

‘European intermodal loading unit’ means an intermodal loading unit constructed in accordance with the essential requirements set out in Annexes I and II and the requirements for interoperability;

| (c) | ‘container’ means a box to carry freight, strong enough for repeated use, stackable and fitted with devices for transfer between modes; |
| --- | --- |

(c)

‘container’ means a box to carry freight, strong enough for repeated use, stackable and fitted with devices for transfer between modes;

| (d) | ‘swap body’ means a freight-carrying unit, used in Europe, optimised to road vehicle dimensions and fitted with handling devices for transfer between modes, usually road/rail; |
| --- | --- |

(d)

‘swap body’ means a freight-carrying unit, used in Europe, optimised to road vehicle dimensions and fitted with handling devices for transfer between modes, usually road/rail;

| (e) | ‘harmonised standard’ means a technical specification adopted by a recognised standardisation body on the basis of a mandate given by the Commission in accordance with the procedures laid down in Directive 98/34/EC for the purpose of establishing a European requirement with which compliance is not mandatory. |
| --- | --- |

(e)

‘harmonised standard’ means a technical specification adopted by a recognised standardisation body on the basis of a mandate given by the Commission in accordance with the procedures laid down in Directive 98/34/EC for the purpose of establishing a European requirement with which compliance is not mandatory.

| (f) | ‘indication of periodic inspection’ means a symbol indicating that the intermodal loading unit has undergone a periodic inspection, or should undergo the first periodic inspection, and has been deemed to conform with the relevant requirements. This indication also specifies the date when the intermodal loading unit is scheduled to undergo the next periodic inspection provided for in Article 7; |
| --- | --- |

(f)

‘indication of periodic inspection’ means a symbol indicating that the intermodal loading unit has undergone a periodic inspection, or should undergo the first periodic inspection, and has been deemed to conform with the relevant requirements. This indication also specifies the date when the intermodal loading unit is scheduled to undergo the next periodic inspection provided for in Article 7;

| (g) | ‘periodic inspection’ means the inspections carried out to check the maintenance and safety condition of the intermodal loading units, covered in points (a), (b), and (c), in accordance with the procedures provided for in Annex V; |
| --- | --- |

(g)

‘periodic inspection’ means the inspections carried out to check the maintenance and safety condition of the intermodal loading units, covered in points (a), (b), and (c), in accordance with the procedures provided for in Annex V;

| (h) | ‘conformity assessment procedures’ means those procedures set out in Annex IV; |
| --- | --- |

(h)

‘conformity assessment procedures’ means those procedures set out in Annex IV;

| (i) | ‘notified body’ means an inspection body designated by the national competent authority of a Member State in accordance with Article 10 and meeting the criteria set out in Annex III. |
| --- | --- |

(i)

‘notified body’ means an inspection body designated by the national competent authority of a Member State in accordance with Article 10 and meeting the criteria set out in Annex III.

Article 4

Assessment of conformity of intermodal loading units

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

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

| — | either internal manufacturing checks, using module A, where the harmonised standards referred to in Article 9(3) are complied with; |
| --- | --- |

—

either internal manufacturing checks, using module A, where the harmonised standards referred to in Article 9(3) are complied with;

| — | or internal manufacturing checks, using module Aa; |
| --- | --- |

—

or internal manufacturing checks, using module Aa;

| — | or the unit verification procedure (module G); |
| --- | --- |

—

or the unit verification procedure (module G);

| — | or the full quality assurance procedure (module H). |
| --- | --- |

—

or the full quality assurance procedure (module H).

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

Article 5

Free circulation, restrictions and safeguard clauses

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

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

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

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

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

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

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

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

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

Article 6

Monitoring relating to intermodal loading units

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

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

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

Article 7

Maintenance and periodic inspection

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

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

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

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

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

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

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

Article 8

CE marking and indication of periodic inspection

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

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

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

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

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

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

6.   Unduly affixed CE marking

| a) | where a Member State establishes that the CE marking or the indication of periodic inspection has been affixed unduly, the manufacturer or his authorised representative established within the Community, the owner or his authorised representative established within the Community or the holder, shall be obliged to make the product conform to the provisions concerning the CE marking and to cease the infringement under the conditions imposed by the Member State; |
| --- | --- |

a)

where a Member State establishes that the CE marking or the indication of periodic inspection has been affixed unduly, the manufacturer or his authorised representative established within the Community, the owner or his authorised representative established within the Community or the holder, shall be obliged to make the product conform to the provisions concerning the CE marking and to cease the infringement under the conditions imposed by the Member State;

| b) | should non-conformity persist, the Member State shall take all appropriate measures to restrict or prohibit the placing on the market of the product in question or to ensure that it is withdrawn from the market in accordance with the procedures laid down in Article 5. |
| --- | --- |

b)

should non-conformity persist, the Member State shall take all appropriate measures to restrict or prohibit the placing on the market of the product in question or to ensure that it is withdrawn from the market in accordance with the procedures laid down in Article 5.

Article 9

Requirements, harmonised standards and formal objections

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

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

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

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

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

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

Article 10

Notified bodies

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

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

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

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

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

Article 11

Adaptation of Annexes

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

Article 12

Committee

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

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

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

Article 13

Penalties

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

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

Article 14

Implementation

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

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

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

Article 15

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

Article 16

This Directive is addressed to the Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

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

2

32, 5.2.2004, p. 67

(3)  OJ C ...

3

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

4

Position of European Parliament of 12 February 2004.

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

5

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

6

OJ C 136, 4.6.1985, p. 1

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

7

93/465/EEC

23

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

8

37

Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18)

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

9

Council Recommendation 79/487/EEC of 15 May 1979 on the ratification of the International Convention for Safe Containers (CSC)

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

10

ANNEX I

Essential requirements for intermodal loading units

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

| Safety and security: | Comply with the relevant provisions of the CSC.
  Minimise risk of damage in and between modes of transport.
  Equip all new intermodal loading units with anti-intrusion alarm devices, for example a state-of-the-art electronic seal. |
| --- | --- |
| Handling: | Enable efficient manipulation
  of containers (ISO Series 1) and stackable and non-stackable swap bodies, taking into account trans-shipment efficiency. |
| Securing: | Make securing devices compatible with the four modes of transport. |
| Strength: | ILUs must not break or open if they are accidentally dropped.
  ILUs must be able to withstand everyday knocks during handling without causing any damage which might lead to the indication of periodic inspection not being affixed. |
| Coding and identification of units: | Use state-of-the-art electronic coding and identification. |

Safety and security:

Comply with the relevant provisions of the CSC.

Minimise risk of damage in and between modes of transport.

Equip all new intermodal loading units with anti-intrusion alarm devices, for example a state-of-the-art electronic seal.

Handling:

Enable efficient manipulation
  of containers (ISO Series 1) and stackable and non-stackable swap bodies, taking into account trans-shipment efficiency.

Securing:

Make securing devices compatible with the four modes of transport.

Strength:

ILUs must not break or open if they are accidentally dropped.

ILUs must be able to withstand everyday knocks during handling without causing any damage which might lead to the indication of periodic inspection not being affixed.

Coding and identification of units:

Use state-of-the-art electronic coding and identification.

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

---

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

ANNEX II

Essential requirements for the European intermodal loading unit

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

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

| Weight and dimensions: | Comply with the provisions of Directive 96/53/EC |
| --- | --- |
| Type: | General-purpose dry cargo box. |
| Internal length: | It should allow:






  — | 11 units of 1 200 mm, for the long version |

Weight and dimensions:

Comply with the provisions of Directive 96/53/EC

Type:

General-purpose dry cargo box.

Internal length:

It should allow:

—

11 units of 1 200 mm, for the long version

| — | 6 units of 1 200 mm, for the short version |
| --- | --- |

—

6 units of 1 200 mm, for the short version

to be placed lengthways, with the necessary margins for manoeuvre.

Internal width:

It should allow two europallets (1 200 × 800 mm) or two UK pallets (1 200 × 1 000 mm) to be placed lengthways (i.e. 2 × 1 200 mm) or three europallets to be placed widthways (i.e. 3 × 800 mm) side by side, allowing sufficient margins for manoeuvre.

External width:

It should allow safe stowage inside and on deck of existing cellular container ships without adaptation of currently existing cell guides configured in accordance with applicable ISO standards.

External height:

ISO Standard (2 900 mm).

Strength of construction:

The reference document for the strength values is the ISO 1496 series of standards, where applicable.

| — | Stackability up to four loaded long units in sea conditions. |
| --- | --- |

—

Stackability up to four loaded long units in sea conditions.

| — | Stackability corresponding to ISO 20' containers for loaded short units. |
| --- | --- |

—

Stackability corresponding to ISO 20' containers for loaded short units.

| — | Sufficient racking strength for carriage in the above height of stacks by inland waterway and short sea shipping. |
| --- | --- |

—

Sufficient racking strength for carriage in the above height of stacks by inland waterway and short sea shipping.

| — | Top lifting capability. |
| --- | --- |

—

Top lifting capability.

ANNEX III

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

| 1. | The body, its director and the staff responsible for carrying out assessments and verifications must not be the designer, manufacturer, supplier, installer or user of the intermodal loading units which that body inspects, nor the authorised representative of any of these parties. They must not be able to intervene directly in the design, construction, marketing or maintenance of these units, nor represent the parties engaged in these activities. This does not preclude the possibility of exchanges of technical information between the manufacturer of units and the notified body. |
| --- | --- |

1.

The body, its director and the staff responsible for carrying out assessments and verifications must not be the designer, manufacturer, supplier, installer or user of the intermodal loading units which that body inspects, nor the authorised representative of any of these parties. They must not be able to intervene directly in the design, construction, marketing or maintenance of these units, nor represent the parties engaged in these activities. This does not preclude the possibility of exchanges of technical information between the manufacturer of units and the notified body.

| 2. | The body and its staff must carry out the assessments and verifications with the highest degree of professional integrity and technical competence and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their work, especially from persons or groups of persons with an interest in the results of verification. |
| --- | --- |

2.

The body and its staff must carry out the assessments and verifications with the highest degree of professional integrity and technical competence and must be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their work, especially from persons or groups of persons with an interest in the results of verification.

| 3. | The body must have at its disposal the necessary staff and possess the necessary means to enable it to perform properly the administrative and technical tasks relating to the inspections or monitoring. It should also have access to the equipment needed for exceptional checks. |
| --- | --- |

3.

The body must have at its disposal the necessary staff and possess the necessary means to enable it to perform properly the administrative and technical tasks relating to the inspections or monitoring. It should also have access to the equipment needed for exceptional checks.

| 4. | The staff responsible for inspection must have:






  — | sound technical and professional training; |
| --- | --- | --- |

4.

The staff responsible for inspection must have:

—

sound technical and professional training;

| — | satisfactory knowledge of the requirements of the tests they carry out and adequate experience of such tests; |
| --- | --- |

—

satisfactory knowledge of the requirements of the tests they carry out and adequate experience of such tests;

| — | the ability required to draw up the certificates, records and reports required to authenticate the performance of the tests. |
| --- | --- |

—

the ability required to draw up the certificates, records and reports required to authenticate the performance of the tests.

| 5. | The impartiality of inspection staff shall be guaranteed. Their remuneration must not depend on the number of tests carried out or on the results of such tests. |
| --- | --- |

5.

The impartiality of inspection staff shall be guaranteed. Their remuneration must not depend on the number of tests carried out or on the results of such tests.

| 6. | The body must take out civil liability insurance unless its liability is assumed by the State in accordance with national law or the Member State itself is directly responsible for the inspections. |
| --- | --- |

6.

The body must take out civil liability insurance unless its liability is assumed by the State in accordance with national law or the Member State itself is directly responsible for the inspections.

| 7. | The staff of the body must be bound by professional secrecy (except vis-à-vis the competent administrative authorities of the State in which its activities are carried out) with regard to all information it acquires in carrying out its tasks under this Directive or any provision of national law giving effect to it. |
| --- | --- |

7.

The staff of the body must be bound by professional secrecy (except vis-à-vis the competent administrative authorities of the State in which its activities are carried out) with regard to all information it acquires in carrying out its tasks under this Directive or any provision of national law giving effect to it.

ANNEX IV

Conformity assessment procedures

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

| — | either internal manufacturing checks, using module A, where the harmonised standards referred to in Article 9(3) are complied with; |
| --- | --- |

—

either internal manufacturing checks, using module A, where the harmonised standards referred to in Article 9(3) are complied with;

| — | or internal manufacturing checks, using module Aa; |
| --- | --- |

—

or internal manufacturing checks, using module Aa;

| — | or the unit verification procedure (module G); |
| --- | --- |

—

or the unit verification procedure (module G);

| — | or the full quality assurance procedure (module H). |
| --- | --- |

—

or the full quality assurance procedure (module H).

Module A (internal production control)

| 1. | This module describes the procedure whereby the manufacturer, or his authorised representative established within the Community who fulfils the obligations laid down in Part II, ensures and declares that the intermodal loading units satisfy the requirements of the Directive which apply to them. The manufacturer, or his authorised representative established within the Community, must affix the relevant mark to all intermodal loading units and draw up a written declaration of conformity. |
| --- | --- |

1.

This module describes the procedure whereby the manufacturer, or his authorised representative established within the Community who fulfils the obligations laid down in Part II, ensures and declares that the intermodal loading units satisfy the requirements of the Directive which apply to them. The manufacturer, or his authorised representative established within the Community, must affix the relevant mark to all intermodal loading units and draw up a written declaration of conformity.

| 2. | The manufacturer must draw up the technical documentation described in point 3, and either the manufacturer or his authorised representative established within the Community must keep it at the disposal of the relevant national authorities for inspection purposes for a period of 10 years after the last of the intermodal loading units has been manufactured. Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the intermodal loading units on the Community market. |
| --- | --- |

2.

The manufacturer must draw up the technical documentation described in point 3, and either the manufacturer or his authorised representative established within the Community must keep it at the disposal of the relevant national authorities for inspection purposes for a period of 10 years after the last of the intermodal loading units has been manufactured. Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the intermodal loading units on the Community market.

| 3. | The technical documentation must enable an assessment to be made of the conformity of the intermodal loading units with the relevant requirements of the Directive. It must, as far as is relevant for this assessment, cover the design, manufacture and operation of the intermodal loading units and contain:






  — | a general description of the intermodal loading units, |
| --- | --- | --- |

3.

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

—

a general description of the intermodal loading units,

| — | the conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc., |
| --- | --- |

—

the conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

| — | the descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the intermodal loading units, |
| --- | --- |

—

the descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the intermodal loading units,

| — | a description of the solutions adopted to meet the requirements of the Directive, |
| --- | --- |

—

a description of the solutions adopted to meet the requirements of the Directive,

| — | results of the design calculations, examinations carried out, etc., |
| --- | --- |

—

results of the design calculations, examinations carried out, etc.,

| — | test reports. |
| --- | --- |

—

test reports.

| 4. | The manufacturer, or his authorised representative established within the Community, must keep a copy of the declaration of conformity with the technical documentation. |
| --- | --- |

4.

The manufacturer, or his authorised representative established within the Community, must keep a copy of the declaration of conformity with the technical documentation.

| 5. | The manufacturer must take all measures necessary to ensure that the manufacturing process requires the manufactured intermodal loading units to comply with the requirements of the technical documentation referred to in Part II and with the requirements of the Directive which apply to them. |
| --- | --- |

5.

The manufacturer must take all measures necessary to ensure that the manufacturing process requires the manufactured intermodal loading units to comply with the requirements of the technical documentation referred to in Part II and with the requirements of the Directive which apply to them.

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

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

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

During such visits, the notified body must:

| — | ensure that the manufacturer actually performs the final assessment, |
| --- | --- |

—

ensure that the manufacturer actually performs the final assessment,

| — | take samples of intermodal loading units at the manufacturing or storage premises in order to conduct checks. The notified body assesses the number of intermodal loading units to sample and whether it is necessary to perform, or have performed, all or part of the final assessment of the unit samples. |
| --- | --- |

—

take samples of intermodal loading units at the manufacturing or storage premises in order to conduct checks. The notified body assesses the number of intermodal loading units to sample and whether it is necessary to perform, or have performed, all or part of the final assessment of the unit samples.

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

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

Module G (EC unit verification)

| 1. | This module describes the procedure whereby the manufacturer ensures and declares that the intermodal loading unit, which has been issued with the certificate referred to in point 4.1, satisfies the requirements of the Directive which apply to it. The manufacturer, or his authorised representative established within the Community, must affix the relevant marking to the unit and draw up a declaration of conformity. |
| --- | --- |

1.

This module describes the procedure whereby the manufacturer ensures and declares that the intermodal loading unit, which has been issued with the certificate referred to in point 4.1, satisfies the requirements of the Directive which apply to it. The manufacturer, or his authorised representative established within the Community, must affix the relevant marking to the unit and draw up a declaration of conformity.

| 2. | The manufacturer must apply to a notified body of his choice for unit verification. The application must contain:






  — | the name and address of the manufacturer and the location of the intermodal loading unit, |
| --- | --- | --- |

2.

The manufacturer must apply to a notified body of his choice for unit verification. The application must contain:

—

the name and address of the manufacturer and the location of the intermodal loading unit,

| — | a written declaration that the same application has not been lodged with any other notified body, |
| --- | --- |

—

a written declaration that the same application has not been lodged with any other notified body,

| — | technical documentation. |
| --- | --- |

—

technical documentation.

| 3. | The technical documentation must enable the conformity of the intermodal loading unit with the requirements of the Directive which apply to it to be assessed and the design, manufacture and operation of the intermodal loading unit to be understood. The technical documentation must contain:






  — | a general description of the unit in question, |
| --- | --- | --- |

3.

The technical documentation must enable the conformity of the intermodal loading unit with the requirements of the Directive which apply to it to be assessed and the design, manufacture and operation of the intermodal loading unit to be understood. The technical documentation must contain:

—

a general description of the unit in question,

| — | conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc., |
| --- | --- |

—

conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

| — | the descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the intermodal loading units, |
| --- | --- |

—

the descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the intermodal loading units,

| — | results of the design calculations made, examinations carried out, etc., |
| --- | --- |

—

results of the design calculations made, examinations carried out, etc.,

| — | test reports, |
| --- | --- |

—

test reports,

| — | appropriate details relating to the approval of the manufacturing and test procedures and of the qualifications or approvals of the staff concerned. |
| --- | --- |

—

appropriate details relating to the approval of the manufacturing and test procedures and of the qualifications or approvals of the staff concerned.

| 4. | The notified body must examine the design and construction of each intermodal loading unit and during manufacture perform appropriate tests to ensure its conformity with the requirements of the Directive which apply to it. |
| --- | --- |

4.

The notified body must examine the design and construction of each intermodal loading unit and during manufacture perform appropriate tests to ensure its conformity with the requirements of the Directive which apply to it.

| 4.1. | The notified body must affix its identification number or have it affixed to each intermodal loading unit and draw up a certificate of conformity for the tests carried out. This certificate must be kept for a period of 10 years. |
| --- | --- |

4.1.

The notified body must affix its identification number or have it affixed to each intermodal loading unit and draw up a certificate of conformity for the tests carried out. This certificate must be kept for a period of 10 years.

| 4.2. | The manufacturer, or his authorised representative established within the Community, must ensure that the declaration of conformity and certificate of conformity issued by the notified body can be made available on request. |
| --- | --- |

4.2.

The manufacturer, or his authorised representative established within the Community, must ensure that the declaration of conformity and certificate of conformity issued by the notified body can be made available on request.

In particular, the notified body must:

| — | examine the technical documentation with respect to the design and the manufacturing procedures, |
| --- | --- |

—

examine the technical documentation with respect to the design and the manufacturing procedures,

| — | assess the materials used where these are not in conformity with the relevant provisions of the Directive and check the certificate issued by the materials manufacturer, |
| --- | --- |

—

assess the materials used where these are not in conformity with the relevant provisions of the Directive and check the certificate issued by the materials manufacturer,

| — | approve the procedures for the permanent joining of loading unit parts, |
| --- | --- |

—

approve the procedures for the permanent joining of loading unit parts,

| — | verify the qualifications or approvals required, |
| --- | --- |

—

verify the qualifications or approvals required,

| — | perform the final inspection, perform the proof test or have it performed and examine the safety devices if applicable. |
| --- | --- |

—

perform the final inspection, perform the proof test or have it performed and examine the safety devices if applicable.

Module H (full quality assurance)

| 1. | This module describes the procedure whereby the manufacturer who satisfies the obligations in point 2 must ensure and declare that the products concerned meet the requirements of the Directive which apply to them. The manufacturer, or his authorised representative established within the Community, must affix the CE marking to each product and draw up a written declaration of conformity. The CE marking must be accompanied by the identification number of the notified body responsible for the surveillance referred to in point 4. |
| --- | --- |

1.

This module describes the procedure whereby the manufacturer who satisfies the obligations in point 2 must ensure and declare that the products concerned meet the requirements of the Directive which apply to them. The manufacturer, or his authorised representative established within the Community, must affix the CE marking to each product and draw up a written declaration of conformity. The CE marking must be accompanied by the identification number of the notified body responsible for the surveillance referred to in point 4.

| 2. | The manufacturer must operate an approved quality system for design, manufacture and final product inspection and testing as specified in point 3 and shall be subject to the surveillance referred to in point 4. |
| --- | --- |

2.

The manufacturer must operate an approved quality system for design, manufacture and final product inspection and testing as specified in point 3 and shall be subject to the surveillance referred to in point 4.

| 3. | Quality system |
| --- | --- |

3.

Quality system

| 3.1. | The manufacturer must lodge an application for assessment of his quality system with a notified body. |
| --- | --- |

3.1.

The manufacturer must lodge an application for assessment of his quality system with a notified body.

The application shall include:

| — | all relevant information for the category of product envisaged; |
| --- | --- |

—

all relevant information for the category of product envisaged;

| — | the documentation relating to the quality system. |
| --- | --- |

—

the documentation relating to the quality system.

| 3.2. | The quality system must ensure compliance of the products with the requirements of the Directive which apply to them. |
| --- | --- |

3.2.

The quality system must ensure compliance of the products with the requirements of the Directive which apply to them.

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

It shall contain in particular an adequate description of:

| — | the quality objectives and the organisational structure, responsibilities and powers of the management with regard to design and product quality; |
| --- | --- |

—

the quality objectives and the organisational structure, responsibilities and powers of the management with regard to design and product quality;

| — | the technical design specifications, including the standards that will be applied and, where the standards referred to in Article 5 are not applied in full, the means that will be used to ensure that the essential requirements of the Directive that apply to the products will be met; |
| --- | --- |

—

the technical design specifications, including the standards that will be applied and, where the standards referred to in Article 5 are not applied in full, the means that will be used to ensure that the essential requirements of the Directive that apply to the products will be met;

| — | the design control and design verification techniques, processes and systematic actions that will be used when designing the products pertaining to the category of products covered; |
| --- | --- |

—

the design control and design verification techniques, processes and systematic actions that will be used when designing the products pertaining to the category of products covered;

| — | the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used; |
| --- | --- |

—

the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;

| — | the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out; |
| --- | --- |

—

the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out;

| — | the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.; |
| --- | --- |

—

the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.;

| — | the means to monitor the achievement of the required design and product quality and the effective operation of the quality assurance system. |
| --- | --- |

—

the means to monitor the achievement of the required design and product quality and the effective operation of the quality assurance system.

| 3.3. | The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3.2. It shall presume compliance with these requirements in respect of quality systems that implement the relevant harmonised standard. |
| --- | --- |

3.3.

The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3.2. It shall presume compliance with these requirements in respect of quality systems that implement the relevant harmonised standard.

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

| — | a general description of the intermodal loading units, |
| --- | --- |

—

a general description of the intermodal loading units,

| — | the conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc., |
| --- | --- |

—

the conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

| — | the descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the intermodal loading units, |
| --- | --- |

—

the descriptions and explanations necessary for an understanding of the said drawings and diagrams and the operation of the intermodal loading units,

| — | a description of the solutions adopted to meet the requirements of the Directive, |
| --- | --- |

—

a description of the solutions adopted to meet the requirements of the Directive,

| — | results of the design calculations, examinations carried out, etc., |
| --- | --- |

—

results of the design calculations, examinations carried out, etc.,

| — | test reports. |
| --- | --- |

—

test reports.

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

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

| 3.4. | The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to uphold it so that it remains adequate and efficient. |
| --- | --- |

3.4.

The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to uphold it so that it remains adequate and efficient.

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

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

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

| 4. | EC surveillance under the responsibility of the notified body |
| --- | --- |

4.

EC surveillance under the responsibility of the notified body

| 4.1. | The purpose of surveillance is to ensure that the manufacturer duly fulfils the obligations arising out of the approved quality system. |
| --- | --- |

4.1.

The purpose of surveillance is to ensure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

| 4.2. | The manufacturer must allow the notified body entrance for inspection purposes to the places of design, manufacture, inspection and testing, and storage, and shall provide it with all necessary information, in particular:






  — | the documentation relating to the quality system; |
| --- | --- | --- |

4.2.

The manufacturer must allow the notified body entrance for inspection purposes to the places of design, manufacture, inspection and testing, and storage, and shall provide it with all necessary information, in particular:

—

the documentation relating to the quality system;

| — | the quality records as provided for by the design part of the quality system, such as results of analyses, calculations, tests, etc.; |
| --- | --- |

—

the quality records as provided for by the design part of the quality system, such as results of analyses, calculations, tests, etc.;

| — | the quality records as provided for by the manufacturing part of the quality system, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc. |
| --- | --- |

—

the quality records as provided for by the manufacturing part of the quality system, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.

| 4.3. | The notified body must carry out audits every year to make sure that the manufacturer maintains and applies the quality system and shall provide an audit report to the manufacturer. |
| --- | --- |

4.3.

The notified body must carry out audits every year to make sure that the manufacturer maintains and applies the quality system and shall provide an audit report to the manufacturer.

| 4.4. | In addition, the notified body may pay unexpected visits to the manufacturer. At the time of such visits, the notified body may carry out tests or have them carried out in order to check whether the proper functioning of the quality system where necessary. The notified body shall provide the manufacturer with a visit report and, if a test has taken place, with a test report. |
| --- | --- |

4.4.

In addition, the notified body may pay unexpected visits to the manufacturer. At the time of such visits, the notified body may carry out tests or have them carried out in order to check whether the proper functioning of the quality system where necessary. The notified body shall provide the manufacturer with a visit report and, if a test has taken place, with a test report.

| 5. | The manufacturer must, for a period ending ten years after the last component has been manufactured, keep at the disposal of the national authorities:






  — | the documentation referred to in the second indent of the second paragraph of 3.1, |
| --- | --- | --- |

5.

The manufacturer must, for a period ending ten years after the last component has been manufactured, keep at the disposal of the national authorities:

—

the documentation referred to in the second indent of the second paragraph of 3.1,

| — | the adjustments referred to in the second paragraph of 3.4, |
| --- | --- |

—

the adjustments referred to in the second paragraph of 3.4,

| — | the decisions and reports from the notified body which are referred to in the fourth paragraph of point 3.4, and in points 4.3 and 4.4. |
| --- | --- |

—

the decisions and reports from the notified body which are referred to in the fourth paragraph of point 3.4, and in points 4.3 and 4.4.

| 6. | Each notified body shall forward to the other notified bodies the relevant information concerning the quality system approvals issued and withdrawn. |
| --- | --- |

6.

Each notified body shall forward to the other notified bodies the relevant information concerning the quality system approvals issued and withdrawn.

ANNEX V

Procedures for periodic inspection

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

Module 1 (periodic inspection of products)

| 1. | This module describes the procedure whereby the owner, his authorised representative established within the Community or the holder ensures that the intermodal loading unit continues to meet the requirements of this Directive. |
| --- | --- |

1.

This module describes the procedure whereby the owner, his authorised representative established within the Community or the holder ensures that the intermodal loading unit continues to meet the requirements of this Directive.

| 2. | To meet the requirements referred to in point 1, the owner, his authorised representative established within the Community or the holder must take all measures necessary to make sure that the conditions of use and of maintenance ensure the continued conformity of the intermodal loading unit with the requirements of this Directive, in particular that:






  — | the intermodal loading unit is used as intended, |
| --- | --- | --- |

2.

To meet the requirements referred to in point 1, the owner, his authorised representative established within the Community or the holder must take all measures necessary to make sure that the conditions of use and of maintenance ensure the continued conformity of the intermodal loading unit with the requirements of this Directive, in particular that:

—

the intermodal loading unit is used as intended,

| — | where appropriate, any maintenance work or repairs are carried out, |
| --- | --- |

—

where appropriate, any maintenance work or repairs are carried out,

| — | the periodic inspections necessary are also carried out. |
| --- | --- |

—

the periodic inspections necessary are also carried out.

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

| 3. | The inspection body must perform the appropriate examinations and tests in order to check the conformity of the intermodal loading unit with the relevant requirements of the Directive. |
| --- | --- |

3.

The inspection body must perform the appropriate examinations and tests in order to check the conformity of the intermodal loading unit with the relevant requirements of the Directive.

| 3.1. | All intermodal loading units must be examined individually and appropriate tests, as set out in the European specifications, must be carried out in order to check that the units meet the requirements of this Directive. |
| --- | --- |

3.1.

All intermodal loading units must be examined individually and appropriate tests, as set out in the European specifications, must be carried out in order to check that the units meet the requirements of this Directive.

| 3.2. | The inspection body must affix its identification number or have it affixed to each product which is subject to a periodic inspection, immediately after the date of the inspection and draw up a written periodic inspection certificate. This certificate may cover a number of individual units. |
| --- | --- |

3.2.

The inspection body must affix its identification number or have it affixed to each product which is subject to a periodic inspection, immediately after the date of the inspection and draw up a written periodic inspection certificate. This certificate may cover a number of individual units.

| 3.3. | The owner, his authorised representative established within the Community or the holder must keep the periodic inspection certificate required under point 3.2, and the documents required under point 2 at least until the next periodic inspection. |
| --- | --- |

3.3.

The owner, his authorised representative established within the Community or the holder must keep the periodic inspection certificate required under point 3.2, and the documents required under point 2 at least until the next periodic inspection.

Module 2 (periodic inspection through quality assurance)

| 1. | This module describes the procedure whereby the owner, his authorised representative established within the Community or the holder, who satisfies the obligations referred to in point 2, ensures and declares that the intermodal loading unit continues to meet the requirements of the Directive. The owner, his authorised representative established within the Community or the holder must affix the date of the periodic inspection to all intermodal loading units and draw up a written declaration of conformity. The date of the periodic inspection must be accompanied by the identification number of the notified body responsible for surveillance as specified in point 4. |
| --- | --- |

1.

This module describes the procedure whereby the owner, his authorised representative established within the Community or the holder, who satisfies the obligations referred to in point 2, ensures and declares that the intermodal loading unit continues to meet the requirements of the Directive. The owner, his authorised representative established within the Community or the holder must affix the date of the periodic inspection to all intermodal loading units and draw up a written declaration of conformity. The date of the periodic inspection must be accompanied by the identification number of the notified body responsible for surveillance as specified in point 4.

| 2. | The owner, his authorised representative established within the Community or the holder must take all steps necessary to make sure that the conditions of use and of maintenance ensure the continued conformity of the intermodal loading unit with the requirements of this Directive, and in particular that:






  — | the intermodal loading unit is used as intended, |
| --- | --- | --- |

2.

The owner, his authorised representative established within the Community or the holder must take all steps necessary to make sure that the conditions of use and of maintenance ensure the continued conformity of the intermodal loading unit with the requirements of this Directive, and in particular that:

—

the intermodal loading unit is used as intended,

| — | where appropriate, any maintenance work or repairs are carried out, |
| --- | --- |

—

where appropriate, any maintenance work or repairs are carried out,

| — | the periodic inspections necessary are also carried out. |
| --- | --- |

—

the periodic inspections necessary are also carried out.

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

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

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

| 3. | Quality system |
| --- | --- |

3.

Quality system

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

ANNEX VI

CE marking and other symbols

1.   CE marking

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

Image

2.   Distinctive symbols

2.1.   ILUs

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

Image

2.2.   EILUs

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

Image

3.   Indication of periodic inspection

Any ILU used on Community territory shall bear the indication:

| — | of its date of manufacture, consisting of the initials ‘DF’ followed by four figures: two for the month and two for the year. |
| --- | --- |

—

of its date of manufacture, consisting of the initials ‘DF’ followed by four figures: two for the month and two for the year.

| — | of the date of the last inspection, consisting of the symbol ‘D1’ followed by four figures: two for the month and two for the year. |
| --- | --- |

—

of the date of the last inspection, consisting of the symbol ‘D1’ followed by four figures: two for the month and two for the year.

| — | of the deadline for the next inspection, consisting of the symbol ‘D2’ followed by four figures: two for the month and two for the year. |
| --- | --- |

—

of the deadline for the next inspection, consisting of the symbol ‘D2’ followed by four figures: two for the month and two for the year.

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

Image

4.   Common provisions

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

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

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

ANNEX VII

Declaration of conformity

The EC declaration of conformity must contain the following information:

| — | the name and address of the manufacturer, or of his authorised representative established within the Community; |
| --- | --- |

—

the name and address of the manufacturer, or of his authorised representative established within the Community;

| — | the description of the intermodal loading unit concerned (or of the series); |
| --- | --- |

—

the description of the intermodal loading unit concerned (or of the series);

| — | the conformity assessment procedure followed; |
| --- | --- |

—

the conformity assessment procedure followed;

| — | where appropriate, the name and address of the notified body which carried out the inspection; |
| --- | --- |

—

where appropriate, the name and address of the notified body which carried out the inspection;

| — | where appropriate, a reference to the EC type-examination certificate, the EC design examination certificate or the EC certificate of conformity; |
| --- | --- |

—

where appropriate, a reference to the EC type-examination certificate, the EC design examination certificate or the EC certificate of conformity;

| — | where appropriate, the name and address of the notified body monitoring the manufacturer's quality system; |
| --- | --- |

—

where appropriate, the name and address of the notified body monitoring the manufacturer's quality system;

| — | where appropriate, reference to the harmonised standards applied; |
| --- | --- |

—

where appropriate, reference to the harmonised standards applied;

| — | where appropriate, the other technical specifications which were used; |
| --- | --- |

—

where appropriate, the other technical specifications which were used;

| — | where appropriate, the references to other Community directives applied; |
| --- | --- |

—

where appropriate, the references to other Community directives applied;

| — | particulars of the signatory authorised to sign the legally binding declaration for the manufacturer or his authorised representative established within the Community. |
| --- | --- |

—

particulars of the signatory authorised to sign the legally binding declaration for the manufacturer or his authorised representative established within the Community.

P5_TA(2004)0094

International Fund for Compensation for Oil Pollution Damage ***

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

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2003) 534) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2003) 534) (1),

| — | having regard to the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, |
| --- | --- |

—

having regard to the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992,

| — | having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 61 and 67 of the EC Treaty (C5-0002/2004), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 61 and 67 of the EC Treaty (C5-0002/2004),

| — | having regard to Rules 86 and 97(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 86 and 97(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Legal Affairs and the Internal Market and the opinion of the Committee on Regional Policy, Transport and Tourism (A5-0042/2004), |
| --- | --- |

—

having regard to the recommendation of the Committee on Legal Affairs and the Internal Market and the opinion of the Committee on Regional Policy, Transport and Tourism (A5-0042/2004),

| 1. | Gives its assent to the signing or ratification, by the Member States, of the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 and to the accession of Austria and Luxembourg to the underlying instruments; |
| --- | --- |

1.

Gives its assent to the signing or ratification, by the Member States, of the Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 and to the accession of Austria and Luxembourg to the underlying instruments;

| 2. | Calls on the Member States to sign or ratify the Protocol as soon as possible and, if possible, by 30 June 2004; |
| --- | --- |

2.

Calls on the Member States to sign or ratify the Protocol as soon as possible and, if possible, by 30 June 2004;

| 3. | Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States. |
| --- | --- |

3.

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

---

(1)  Not yet published in OJ.

P5_TA(2004)0095

Crisis in the steel sector

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

The European Parliament,

| — | having regard to the Charter of Fundamental Rights of the European Union, and in particular the provisions on social rights, and the provisions of the EC Treaty, in particular Article 136 thereof, pursuant to which the Member States have as their objectives the promotion of employment, improvement of living and working conditions, proper social protection and dialogue between management and labour with a view to lasting high employment and the combating of exclusion, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union, and in particular the provisions on social rights, and the provisions of the EC Treaty, in particular Article 136 thereof, pursuant to which the Member States have as their objectives the promotion of employment, improvement of living and working conditions, proper social protection and dialogue between management and labour with a view to lasting high employment and the combating of exclusion,

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

—

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

| — | having regard to Council Directive 98/59/EC of 20 July 1998 (1), which lays down precise procedures with regard to information, notice and consultation with workers' representatives in the event of collective redundancies, with the aim of avoiding or reducing the number of such redundancies and providing for accompanying social measures aimed at retraining workers hit by redundancy and reintegrating them into the productive cycle, |
| --- | --- |

—

having regard to Council Directive 98/59/EC of 20 July 1998 (1), which lays down precise procedures with regard to information, notice and consultation with workers' representatives in the event of collective redundancies, with the aim of avoiding or reducing the number of such redundancies and providing for accompanying social measures aimed at retraining workers hit by redundancy and reintegrating them into the productive cycle,

| — | having regard to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (2), |
| --- | --- |

—

having regard to Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (2),

| — | having regard to the fact that the EU steel industry suffered from the US decision to impose import duties on steel, mainly from the EU, |
| --- | --- |

—

having regard to the fact that the EU steel industry suffered from the US decision to impose import duties on steel, mainly from the EU,

| — | having regard to its previous resolutions on the steel sector, restructuring and industrial mergers, |
| --- | --- |

—

having regard to its previous resolutions on the steel sector, restructuring and industrial mergers,

| — | having regard to the continuing job losses in the iron and steel sector, |
| --- | --- |

—

having regard to the continuing job losses in the iron and steel sector,

| — | having regard to Rule 37(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 37(4) of its Rules of Procedure,

| A. | whereas the disappointing economic performance of the EU economy in 2003 makes it even more imperative to complete the Lisbon agenda; whereas this situation is exacerbated by the challenge of enlargement and the uncertainties in the international economic climate, |
| --- | --- |

A.

whereas the disappointing economic performance of the EU economy in 2003 makes it even more imperative to complete the Lisbon agenda; whereas this situation is exacerbated by the challenge of enlargement and the uncertainties in the international economic climate,

| B. | concerned about Europe's opting out of high-level technological production which, in recent years, was regarded as a model of technological know-how and which must be protected, |
| --- | --- |

B.

concerned about Europe's opting out of high-level technological production which, in recent years, was regarded as a model of technological know-how and which must be protected,

| C. | having regard to the EU's interest in providing conditions in which industrial activities that employ a large segment of the working population of the enlarged Europe can be maintained; |
| --- | --- |

C.

having regard to the EU's interest in providing conditions in which industrial activities that employ a large segment of the working population of the enlarged Europe can be maintained;

| D. | having regard to the desirability of a reflection on the medium- and long-term initiative that the EU intends to introduce with a view to protecting European industrial interests in a free-market context, |
| --- | --- |

D.

having regard to the desirability of a reflection on the medium- and long-term initiative that the EU intends to introduce with a view to protecting European industrial interests in a free-market context,

| E. | having regard to the significant public investment funding from which AST Thyssen Krup has benefited, including structural funds from Objective 2 and from the European Social Fund, for developing local systems, infrastructures and vocational training, |
| --- | --- |

E.

having regard to the significant public investment funding from which AST Thyssen Krup has benefited, including structural funds from Objective 2 and from the European Social Fund, for developing local systems, infrastructures and vocational training,

| F. | having regard to the mobilisation of the workers concerned, their trade unions, the local population and representatives of local authorities, |
| --- | --- |

F.

having regard to the mobilisation of the workers concerned, their trade unions, the local population and representatives of local authorities,

| 1. | Notes with satisfaction the initial results of initiatives taken by all the social and institutional partners, which have led to the opening up of genuine negotiating opportunities on the future of the company; |
| --- | --- |

1.

Notes with satisfaction the initial results of initiatives taken by all the social and institutional partners, which have led to the opening up of genuine negotiating opportunities on the future of the company;

| 2. | Expresses it solidarity with the workers and their families; |
| --- | --- |

2.

Expresses it solidarity with the workers and their families;

| 3. | Considers it necessary to ensure that a strong and modern steel sector is maintained in the EU, in order to meet the requirements of lasting development and job creation; |
| --- | --- |

3.

Considers it necessary to ensure that a strong and modern steel sector is maintained in the EU, in order to meet the requirements of lasting development and job creation;

| 4. | Urges the Commission to act firmly within the WTO and OECD to guarantee that there is a level playing field in the global steel market; welcomes the efforts made by European Commissioner, Pascal Lamy, in the steel conflict with the USA and expresses its concern about the steady loss of market share of Italian and European steel production; |
| --- | --- |

4.

Urges the Commission to act firmly within the WTO and OECD to guarantee that there is a level playing field in the global steel market; welcomes the efforts made by European Commissioner, Pascal Lamy, in the steel conflict with the USA and expresses its concern about the steady loss of market share of Italian and European steel production;

| 5. | Reminds the Commission that following the expiry of the ECSC, its competences include tackling the economic and social impact of the changes in the European iron and steel sector; |
| --- | --- |

5.

Reminds the Commission that following the expiry of the ECSC, its competences include tackling the economic and social impact of the changes in the European iron and steel sector;

| 6. | Calls on the Commission and the Member States to adopt a more decisive strategy to tackle industrial restructuring and its social impact; considers that all the subsidies granted in the context of public funding, including the Structural Funds, should be made subject to agreements regarding employment, local development and investments for the purposes of modernising production; |
| --- | --- |

6.

Calls on the Commission and the Member States to adopt a more decisive strategy to tackle industrial restructuring and its social impact; considers that all the subsidies granted in the context of public funding, including the Structural Funds, should be made subject to agreements regarding employment, local development and investments for the purposes of modernising production;

| 7. | Asks for concrete protection of the interests of employees and European enterprises, which must have the opportunity to operate within international markets and not be subject to any kind of dumping; calls also for the effective implementation of European legislation on dialogue between management and labour and for proper industrial relations; |
| --- | --- |

7.

Asks for concrete protection of the interests of employees and European enterprises, which must have the opportunity to operate within international markets and not be subject to any kind of dumping; calls also for the effective implementation of European legislation on dialogue between management and labour and for proper industrial relations;

| 8. | Asks the Commission and national governments to present the financial perspectives on the use of Community funds for future years, as well as an analysis of the priorities to be established to reconcile development and employment objectives; |
| --- | --- |

8.

Asks the Commission and national governments to present the financial perspectives on the use of Community funds for future years, as well as an analysis of the priorities to be established to reconcile development and employment objectives;

| 9. | Asks the Commission, in particular, during the presentation of the third report on social and economic cohesion on 18 February 2004, to clarify its intentions on the growth of the European industrial sector, especially the steel sector, in the context of the new cohesion policy which will apply from 1 January 2007; |
| --- | --- |

9.

Asks the Commission, in particular, during the presentation of the third report on social and economic cohesion on 18 February 2004, to clarify its intentions on the growth of the European industrial sector, especially the steel sector, in the context of the new cohesion policy which will apply from 1 January 2007;

| 10. | Considers that Europe must create favourable conditions for its industrial interests, especially for the advanced and high technological sectors; emphasises that investment in research and development, with the commitment of EU funds through the Sixth Framework Programme, can be used to develop the new materials, designs and processes that can reconfigure industrial sectors; |
| --- | --- |

10.

Considers that Europe must create favourable conditions for its industrial interests, especially for the advanced and high technological sectors; emphasises that investment in research and development, with the commitment of EU funds through the Sixth Framework Programme, can be used to develop the new materials, designs and processes that can reconfigure industrial sectors;

| 11. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the WTO, the OECD and the social partners. |
| --- | --- |

11.

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

---

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

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

P5_TA(2004)0096

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

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

The European Parliament,

| — | having regard to the action plans to improve auditing and corporate governance in Europe set in motion by the Commission in May 2003 in the light of the recommendations of the Jaap Winter report, |
| --- | --- |

—

having regard to the action plans to improve auditing and corporate governance in Europe set in motion by the Commission in May 2003 in the light of the recommendations of the Jaap Winter report,

| — | having regard to the brief from Commissioner Frits Bolkestein to the last meeting of the Council of Economic and Finance Ministers, held on 20 January 2004, on the potential impact of the Parmalat affair on EU policies, and in particular the announcement that the Commission will present a proposal in March 2004 to revise Directive 84/253/EEC of 10 April 1984 (1) (the Eighth Company Law Directive), |
| --- | --- |

—

having regard to the brief from Commissioner Frits Bolkestein to the last meeting of the Council of Economic and Finance Ministers, held on 20 January 2004, on the potential impact of the Parmalat affair on EU policies, and in particular the announcement that the Commission will present a proposal in March 2004 to revise Directive 84/253/EEC of 10 April 1984 (1) (the Eighth Company Law Directive),

| — | having regard to Rule 37(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 37(4) of its Rules of Procedure,

| A. | whereas a report is currently being drawn up in Parliament on the Communication from the Commission to the Council and the European Parliament on modernising company law and enhancing corporate governance in the European Union — a plan to move forward (COM(2003) 284), |
| --- | --- |

A.

whereas a report is currently being drawn up in Parliament on the Communication from the Commission to the Council and the European Parliament on modernising company law and enhancing corporate governance in the European Union — a plan to move forward (COM(2003) 284),

| B. | extremely worried by the events surrounding the unfolding Parmalat case, |
| --- | --- |

B.

extremely worried by the events surrounding the unfolding Parmalat case,

| C. | concerned about the implications for employees, investors and banks, as well as the impact on confidence in the functioning of the financial system, |
| --- | --- |

C.

concerned about the implications for employees, investors and banks, as well as the impact on confidence in the functioning of the financial system,

| D. | whereas Parmalat is active in more than 30 countries and employed tens of thousands of people world-wide, being a major player in the European food business, |
| --- | --- |

D.

whereas Parmalat is active in more than 30 countries and employed tens of thousands of people world-wide, being a major player in the European food business,

| E. | whereas the estimate of the gross debt accumulated by Parmalat is EUR 14 billion, including numerous off-balance-sheet private placements, |
| --- | --- |

E.

whereas the estimate of the gross debt accumulated by Parmalat is EUR 14 billion, including numerous off-balance-sheet private placements,

| F. | whereas the Parmalat affair shows the lack of transparency and conflict of interest in the relationship between banks, auditing firms and corporations, |
| --- | --- |

F.

whereas the Parmalat affair shows the lack of transparency and conflict of interest in the relationship between banks, auditing firms and corporations,

| G. | whereas the notorious lack of documentation in Parmalat's headquarters and the intentional destruction of computers and their files before investigators arrived make investigation difficult, |
| --- | --- |

G.

whereas the notorious lack of documentation in Parmalat's headquarters and the intentional destruction of computers and their files before investigators arrived make investigation difficult,

| H. | whereas recent corporate scandals give evidence of the need to improve corporate governance and to strengthen Europe's defences against corporate malpractice, |
| --- | --- |

H.

whereas recent corporate scandals give evidence of the need to improve corporate governance and to strengthen Europe's defences against corporate malpractice,

| I. | whereas any reform of company law in the European Union with a view to making businesses more efficient and more competitive must at the same time bring about convergence of the rules on financial market integration; whereas the unprecedented degree of financial market volatility clearly demonstrates that all financial market players are facing increasing risks, |
| --- | --- |

I.

whereas any reform of company law in the European Union with a view to making businesses more efficient and more competitive must at the same time bring about convergence of the rules on financial market integration; whereas the unprecedented degree of financial market volatility clearly demonstrates that all financial market players are facing increasing risks,

| J. | aware that the Parmalat case has shown:






  — | the importance of cooperation between national supervisory bodies in relation to cross-border takeovers, groups and conglomerates, |
| --- | --- | --- |

J.

aware that the Parmalat case has shown:

—

the importance of cooperation between national supervisory bodies in relation to cross-border takeovers, groups and conglomerates,

| — | that transparency and disclosure are important in overcoming asymmetric information on financial markets, but appropriate and proportionate binding rules are also required to ensure diligent business conduct and efficient corporate governance, |
| --- | --- |

—

that transparency and disclosure are important in overcoming asymmetric information on financial markets, but appropriate and proportionate binding rules are also required to ensure diligent business conduct and efficient corporate governance,

| K. | whereas good company law and good corporate governance practices, together with financial supervision, are essential to an efficient, competitive European business sector and effective investor protection, |
| --- | --- |

K.

whereas good company law and good corporate governance practices, together with financial supervision, are essential to an efficient, competitive European business sector and effective investor protection,

| L. | whereas the recent financial scandals in Europe and the United States underline the crucial role of auditing firms and of having high-quality audits carried out and implemented, |
| --- | --- |

L.

whereas the recent financial scandals in Europe and the United States underline the crucial role of auditing firms and of having high-quality audits carried out and implemented,

| 1. | Deplores the number of cases of bankruptcy due to fraud by large publicly held corporations, and the resulting social and economic effects; calls for those responsible to be prosecuted to the full extent of the law; |
| --- | --- |

1.

Deplores the number of cases of bankruptcy due to fraud by large publicly held corporations, and the resulting social and economic effects; calls for those responsible to be prosecuted to the full extent of the law;

| 2. | Stresses the need to take the social dimension of the Parmalat case into account; calls for a way of preventing a serious social crisis to be found; |
| --- | --- |

2.

Stresses the need to take the social dimension of the Parmalat case into account; calls for a way of preventing a serious social crisis to be found;

| 3. | Is concerned that neither those responsible for supervision, be they the regulatory authority or the auditors, nor the rating agencies had the slightest suspicion, at any stage in the audit process, that funds were being embezzled; |
| --- | --- |

3.

Is concerned that neither those responsible for supervision, be they the regulatory authority or the auditors, nor the rating agencies had the slightest suspicion, at any stage in the audit process, that funds were being embezzled;

| 4. | Calls on the financial services industry to clean up its act and redouble its efforts to ensure that the small minority of market participants who are dishonest are brought to justice and to demonstrate the commitment of the industry to ethical conduct and diligence in order to protect the savings of millions of people and to recover the full trust of investors in the financial services industry; |
| --- | --- |

4.

Calls on the financial services industry to clean up its act and redouble its efforts to ensure that the small minority of market participants who are dishonest are brought to justice and to demonstrate the commitment of the industry to ethical conduct and diligence in order to protect the savings of millions of people and to recover the full trust of investors in the financial services industry;

| 5. | Invites all financial institutions involved to reimburse investors in the case of losses for which they bear the responsibility; |
| --- | --- |

5.

Invites all financial institutions involved to reimburse investors in the case of losses for which they bear the responsibility;

| 6. | Emphasises the importance of learning lessons from the Parmalat case, but urges all parties to respond in a proportionate and sensible way after an objective, proper and full assessment of what happened; resolves to do everything possible to try to ensure that such a scandal does not happen again but warns against knee-jerk or hasty reactions; |
| --- | --- |

6.

Emphasises the importance of learning lessons from the Parmalat case, but urges all parties to respond in a proportionate and sensible way after an objective, proper and full assessment of what happened; resolves to do everything possible to try to ensure that such a scandal does not happen again but warns against knee-jerk or hasty reactions;

| 7. | Reminds both the Council and the Commission that a balance must always be struck between the legitimate need for national authorities, shareholders, other investors, stakeholders and the public to receive relevant and timely information, and, on the other hand, the administrative burdens and amount of red tape imposed on European companies; |
| --- | --- |

7.

Reminds both the Council and the Commission that a balance must always be struck between the legitimate need for national authorities, shareholders, other investors, stakeholders and the public to receive relevant and timely information, and, on the other hand, the administrative burdens and amount of red tape imposed on European companies;

| 8. | Calls on the Commission to take the initiative in bringing together at European level the bodies and institutions responsible for overseeing and auditing relations between businesses and banks, in order to protect the interests of savers; |
| --- | --- |

8.

Calls on the Commission to take the initiative in bringing together at European level the bodies and institutions responsible for overseeing and auditing relations between businesses and banks, in order to protect the interests of savers;

| 9. | Calls on the national regulators to cooperate fully with one another, particularly when dealing with cases having cross-border implications; |
| --- | --- |

9.

Calls on the national regulators to cooperate fully with one another, particularly when dealing with cases having cross-border implications;

| 10. | Is of the opinion that part of the long-term solution must be a single authority for financial prudential supervision in Europe; |
| --- | --- |

10.

Is of the opinion that part of the long-term solution must be a single authority for financial prudential supervision in Europe;

| 11. | Underlines the need for the Commission to present an action plan on modernising company law; |
| --- | --- |

11.

Underlines the need for the Commission to present an action plan on modernising company law;

| 12. | Insists that the Commission speed up work on Directive 84/253/EEC on approval of persons responsible for carrying out statutory audits, and in this connection asks that the Commission prepare legislation to force companies to rotate their audit firm or switch the audit partner in charge of their accounts; |
| --- | --- |

12.

Insists that the Commission speed up work on Directive 84/253/EEC on approval of persons responsible for carrying out statutory audits, and in this connection asks that the Commission prepare legislation to force companies to rotate their audit firm or switch the audit partner in charge of their accounts;

| 13. | Dismisses the argument that this will risk damaging continuity and bring about more audit failures; considers that rotation will, on the contrary, ensure peer-review of auditing and bring more focus to this important element of control; |
| --- | --- |

13.

Dismisses the argument that this will risk damaging continuity and bring about more audit failures; considers that rotation will, on the contrary, ensure peer-review of auditing and bring more focus to this important element of control;

| 14. | Invites the Commission, moreover, to consider integrating in the proposal other provisions such as a prohibition on the performance by the same auditors of all non-audit services to audit clients; |
| --- | --- |

14.

Invites the Commission, moreover, to consider integrating in the proposal other provisions such as a prohibition on the performance by the same auditors of all non-audit services to audit clients;

| 15. | Stresses the need to incorporate statutory audit rules into corporate governance in order to increase the responsibilities of auditors and their independence from management, and to tighten and harmonise public supervision of auditors (addressing the issues of the scope of supervision and supervisory powers, the composition of supervisory boards and the transparency of supervision); |
| --- | --- |

15.

Stresses the need to incorporate statutory audit rules into corporate governance in order to increase the responsibilities of auditors and their independence from management, and to tighten and harmonise public supervision of auditors (addressing the issues of the scope of supervision and supervisory powers, the composition of supervisory boards and the transparency of supervision);

| 16. | Considers that the presence of independent directors on a management board represents an approach which should be taken so as to improve company auditing; |
| --- | --- |

16.

Considers that the presence of independent directors on a management board represents an approach which should be taken so as to improve company auditing;

| 17. | Contends that the presence of representatives of employees on management or supervisory boards can at the very least enable them to safeguard their interests in connection with decisions directly affecting the future of their firms; |
| --- | --- |

17.

Contends that the presence of representatives of employees on management or supervisory boards can at the very least enable them to safeguard their interests in connection with decisions directly affecting the future of their firms;

| 18. | Supports the Commission's proposal to enhance the collective responsibility of board members for financial and key non-financial statements, as well as the presentation in the medium term of a further proposal to enhance the individual responsibility of board members and to introduce disclosure with regard to a group's structure and intra-group relations, but urges it to accelerate the work in order to adopt it before the published deadline of 2005; |
| --- | --- |

18.

Supports the Commission's proposal to enhance the collective responsibility of board members for financial and key non-financial statements, as well as the presentation in the medium term of a further proposal to enhance the individual responsibility of board members and to introduce disclosure with regard to a group's structure and intra-group relations, but urges it to accelerate the work in order to adopt it before the published deadline of 2005;

| 19. | Considers that Directive 2003/6/EC (2) on market abuse and Directive 2003/71/EC (3) (prospectus directive) and the forthcoming Transparency Directive and Investment Services Directive, if adopted in a timely fashion and properly implemented, would substantially reduce the danger of a repetition of financial malpractice such as that witnessed in the Parmalat case; |
| --- | --- |

19.

Considers that Directive 2003/6/EC (2) on market abuse and Directive 2003/71/EC (3) (prospectus directive) and the forthcoming Transparency Directive and Investment Services Directive, if adopted in a timely fashion and properly implemented, would substantially reduce the danger of a repetition of financial malpractice such as that witnessed in the Parmalat case;

| 20. | Reminds the Council and Commission that the ongoing discussions on the Transparency Directive must bring real benefits to investors and the public at large in relation to disclosure requirements, with good quality, timely information, and not mandatory quarterly reporting, which, as the present Parmalat case, or indeed the Enron case, show, does not prevent financial scandals; considers that transparency not only means publishing regular financial information, but could also include publishing information on matters such as social, environmental and ethical issues; |
| --- | --- |

20.

Reminds the Council and Commission that the ongoing discussions on the Transparency Directive must bring real benefits to investors and the public at large in relation to disclosure requirements, with good quality, timely information, and not mandatory quarterly reporting, which, as the present Parmalat case, or indeed the Enron case, show, does not prevent financial scandals; considers that transparency not only means publishing regular financial information, but could also include publishing information on matters such as social, environmental and ethical issues;

| 21. | Stresses the importance of ensuring the optimum level of pre- and post-trade transparency for investors in respect of financial instruments; |
| --- | --- |

21.

Stresses the importance of ensuring the optimum level of pre- and post-trade transparency for investors in respect of financial instruments;

| 22. | Invites the Commission and Member States to consider the desirability of revising the OECD rules and principles on corporate governance and liberalisation of capital movements in order to strengthen the protection of investors; |
| --- | --- |

22.

Invites the Commission and Member States to consider the desirability of revising the OECD rules and principles on corporate governance and liberalisation of capital movements in order to strengthen the protection of investors;

| 23. | Asks the Commission to take its decision as soon as possible on the compatibility with Community law of the measures adopted by the Italian Government concerning the crisis in the Italian dairy sector in relation to the Parmalat case; |
| --- | --- |

23.

Asks the Commission to take its decision as soon as possible on the compatibility with Community law of the measures adopted by the Italian Government concerning the crisis in the Italian dairy sector in relation to the Parmalat case;

| 24. | Calls for negotiations to be speeded up in all international fora (G-8 financial stability forum, OECD, FATF, etc.) endeavouring to establish binding supervisory arrangements for off-shore centres and other impenetrable tax havens; |
| --- | --- |

24.

Calls for negotiations to be speeded up in all international fora (G-8 financial stability forum, OECD, FATF, etc.) endeavouring to establish binding supervisory arrangements for off-shore centres and other impenetrable tax havens;

| 25. | Encourages the Commission to submit promptly its third proposal for a directive to combat money laundering; |
| --- | --- |

25.

Encourages the Commission to submit promptly its third proposal for a directive to combat money laundering;

| 26. | Instructs its President to forward this resolution to the Council, the Commission, the governments of the accession States, the regulatory and supervisory authorities in all the Member States, the accession States and the European Economic Area, the Government of the United States of America, the International Accounting Standards Board and the International Organisation for Governmental Securities Commission. |
| --- | --- |

26.

Instructs its President to forward this resolution to the Council, the Commission, the governments of the accession States, the regulatory and supervisory authorities in all the Member States, the accession States and the European Economic Area, the Government of the United States of America, the International Accounting Standards Board and the International Organisation for Governmental Securities Commission.

---

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

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

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

P5_TA(2004)0097

Approximating civil procedural law in the Union

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

The European Parliament,

| — | having regard to the Green Paper on the conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community instrument and its modernisation (COM(2002) 654), |
| --- | --- |

—

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

| — | having regard to the Green Paper on a European order for payment procedure and on measures to simplify and speed up small claims litigation (COM(2002) 746), |
| --- | --- |

—

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

| — | having regard to Articles 61(c) and 65 of the EC Treaty, |
| --- | --- |

—

having regard to Articles 61(c) and 65 of the EC Treaty,

| — | having regard to the Action Plan of the Council and the Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice, adopted by the Justice and Home Affairs Council on 3 December 1998 (1), in particular points 39 and 40 thereof, |
| --- | --- |

—

having regard to the Action Plan of the Council and the Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice, adopted by the Justice and Home Affairs Council on 3 December 1998 (1), in particular points 39 and 40 thereof,

| — | having regard to the Presidency conclusions issued following the Tampere European Council of 16 October 1999, in particular points 38 and 39 thereof, |
| --- | --- |

—

having regard to the Presidency conclusions issued following the Tampere European Council of 16 October 1999, in particular points 38 and 39 thereof,

| — | having regard to Council Regulation (EC) No 743/2002 of 25 April 2002 (2) establishing a general Community framework of activities to facilitate the implementation of judicial cooperation in civil matters, |
| --- | --- |

—

having regard to Council Regulation (EC) No 743/2002 of 25 April 2002 (2) establishing a general Community framework of activities to facilitate the implementation of judicial cooperation in civil matters,

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

—

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

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0041/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0041/2004),

| A. | whereas the increase in trade and movements within the internal market is leading to a rise in cross-border litigation, which, because of the cost and difficulties arising from its international nature, poses a serious obstacle, as far as European citizens and SMEs are concerned, to the movement of goods, persons, services, and capital, |
| --- | --- |

A.

whereas the increase in trade and movements within the internal market is leading to a rise in cross-border litigation, which, because of the cost and difficulties arising from its international nature, poses a serious obstacle, as far as European citizens and SMEs are concerned, to the movement of goods, persons, services, and capital,

| B. | whereas the Tampere European Council called for ‘new procedural legislation in cross-border cases, in particular on those elements which are instrumental to smooth judicial co-operation and to enhanced access to law, e.g. provisional measures, taking of evidence, orders for money payment and time limits’, |
| --- | --- |

B.

whereas the Tampere European Council called for ‘new procedural legislation in cross-border cases, in particular on those elements which are instrumental to smooth judicial co-operation and to enhanced access to law, e.g. provisional measures, taking of evidence, orders for money payment and time limits’,

| C. | whereas in cross-border cases rules of private international law must serve to determine with sufficient clarity which national court should have jurisdiction and what law is applicable, as well as guaranteeing mutual recognition and/or enforcement of judgements handed down by the various national courts, |
| --- | --- |

C.

whereas in cross-border cases rules of private international law must serve to determine with sufficient clarity which national court should have jurisdiction and what law is applicable, as well as guaranteeing mutual recognition and/or enforcement of judgements handed down by the various national courts,

| D. | whereas the 1968 Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (3) laid down a body of rules serving to determine which national court would have jurisdiction in the event of an international dispute; whereas the 1980 Rome Convention on the law applicable to contractual obligations (4) harmonised the Member States' private international law rules regarding contractual obligations on the understanding that noncontractual obligations would be covered by a future instrument (5), |
| --- | --- |

D.

whereas the 1968 Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (3) laid down a body of rules serving to determine which national court would have jurisdiction in the event of an international dispute; whereas the 1980 Rome Convention on the law applicable to contractual obligations (4) harmonised the Member States' private international law rules regarding contractual obligations on the understanding that noncontractual obligations would be covered by a future instrument (5),

| E. | whereas, because of their complementary relationship, Regulation (EC) No 44/2001 (‘Brussels I’), the Rome Convention, if converted into a Community instrument and to some extent modernised, and the future ‘Rome II’ instrument mark a significant step forward in terms of guaranteeing legal certainty in cross-border cases, |
| --- | --- |

E.

whereas, because of their complementary relationship, Regulation (EC) No 44/2001 (‘Brussels I’), the Rome Convention, if converted into a Community instrument and to some extent modernised, and the future ‘Rome II’ instrument mark a significant step forward in terms of guaranteeing legal certainty in cross-border cases,

| F. | whereas if it were ‘communitarised’, the Rome Convention could be interpreted consistently by the Court of Justice; whereas, as regards the forthcoming enlargement of the Union, there would be no ratification procedures to delay the entry into force of standard rules on conflict of laws in the applicant countries, |
| --- | --- |

F.

whereas if it were ‘communitarised’, the Rome Convention could be interpreted consistently by the Court of Justice; whereas, as regards the forthcoming enlargement of the Union, there would be no ratification procedures to delay the entry into force of standard rules on conflict of laws in the applicant countries,

| G. | whereas in some areas of civil procedure, harmonisation of the rules would improve and make for greater uniformity in access to justice, removing the need for the intermediate measures (exequatur) now required, |
| --- | --- |

G.

whereas in some areas of civil procedure, harmonisation of the rules would improve and make for greater uniformity in access to justice, removing the need for the intermediate measures (exequatur) now required,

| H. | whereas rapid recovery of debts and the settlement of small claims are an absolute necessity for business and trade in general and a matter of constant concern for all economic sectors having an interest in the proper operation of the internal market, |
| --- | --- |

H.

whereas rapid recovery of debts and the settlement of small claims are an absolute necessity for business and trade in general and a matter of constant concern for all economic sectors having an interest in the proper operation of the internal market,

| I. | whereas, in implementation of the Tampere European Council conclusions, the programme of measures to give effect to the principle of mutual recognition of judgments in civil and commercial matters seeks to lay down common European rules to enable uncontested debts to be recovered quickly and efficiently and to simplify and expedite the settlement of small transnational claims, |
| --- | --- |

I.

whereas, in implementation of the Tampere European Council conclusions, the programme of measures to give effect to the principle of mutual recognition of judgments in civil and commercial matters seeks to lay down common European rules to enable uncontested debts to be recovered quickly and efficiently and to simplify and expedite the settlement of small transnational claims,

| J. | whereas approximation of civil procedural law in the Union has to go hand in hand with a standard system for service of judicial and non-judicial documents, |
| --- | --- |

J.

whereas approximation of civil procedural law in the Union has to go hand in hand with a standard system for service of judicial and non-judicial documents,

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

| 1. | Welcomes the Commission's initiative; |
| --- | --- |

1.

Welcomes the Commission's initiative;

| 2. | Calls on the Commission to remedy the excessive sprawl, the rules having a bearing on the law applicable to contractual obligations being scattered across the various horizontal and specific instruments, by combining all the rules in a single legislative text; |
| --- | --- |

2.

Calls on the Commission to remedy the excessive sprawl, the rules having a bearing on the law applicable to contractual obligations being scattered across the various horizontal and specific instruments, by combining all the rules in a single legislative text;

| 3. | Calls on the Commission to determine whether it would be desirable in future to codify all the Community instruments laying down rules of private international law, that is to say, the Brussels I Regulation, the Rome Convention and the future Rome II instrument; |
| --- | --- |

3.

Calls on the Commission to determine whether it would be desirable in future to codify all the Community instruments laying down rules of private international law, that is to say, the Brussels I Regulation, the Rome Convention and the future Rome II instrument;

| 4. | Calls on the Commission to take into account the following points:






  a) | the Commission should propose that a regulation be adopted; |
| --- | --- | --- |

4.

Calls on the Commission to take into account the following points:

a)

the Commission should propose that a regulation be adopted;

| b) | when the parties choose the law of a non-member country, mandatory Community-law rules must be enforced if all the elements of a contract, or the particularly significant elements, are situated on Union territory; |
| --- | --- |

b)

when the parties choose the law of a non-member country, mandatory Community-law rules must be enforced if all the elements of a contract, or the particularly significant elements, are situated on Union territory;

| c) | application of the international conventions to which a Member State is or will be party should not be affected; |
| --- | --- |

c)

application of the international conventions to which a Member State is or will be party should not be affected;

| d) | the provisions should also apply to insurance contracts to cover risks situated on the territory of Member States; |
| --- | --- |

d)

the provisions should also apply to insurance contracts to cover risks situated on the territory of Member States;

| e) | in the case referred to in Article 4 of the Convention, a contract is governed by the law of the country of habitual residence of the party called upon to effect the performance characteristic of the contract or, if that party is an association or a legal person, the country where it has its headquarters; furthermore, if the characteristic performance cannot be determined, the contract is governed by the law of the country with which it is most closely connected; |
| --- | --- |

e)

in the case referred to in Article 4 of the Convention, a contract is governed by the law of the country of habitual residence of the party called upon to effect the performance characteristic of the contract or, if that party is an association or a legal person, the country where it has its headquarters; furthermore, if the characteristic performance cannot be determined, the contract is governed by the law of the country with which it is most closely connected;

| f) | if a consumer contract has been concluded, the criteria set out in Articles 3 and 4 of the Convention apply, without prejudice to the protection afforded to the consumer by mandatory rules under the law of the country where the consumer had his habitual residence at the time of conclusion of the contract, provided that no blame can be attached to the consumer for the other party's ignorance, should that be the case, of the identity of that country; |
| --- | --- |

f)

if a consumer contract has been concluded, the criteria set out in Articles 3 and 4 of the Convention apply, without prejudice to the protection afforded to the consumer by mandatory rules under the law of the country where the consumer had his habitual residence at the time of conclusion of the contract, provided that no blame can be attached to the consumer for the other party's ignorance, should that be the case, of the identity of that country;

| g) | the new Community instrument should specify exactly what is covered by the concept of ‘mandatory rules’ in the light of the case-law of the Court of Justice; |
| --- | --- |

g)

the new Community instrument should specify exactly what is covered by the concept of ‘mandatory rules’ in the light of the case-law of the Court of Justice;

| h) | as regards individual employment contracts, the Rome Convention (Article 6) should be coordinated with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 on the posting of workers in the framework of the provision of services (6), to enable the appropriate mandatory rules to be enforced under the law of the country of posting. A worker's posting to another country must be limited in time or in terms of the purpose of the service to be provided; the posting may be extended if a new employment contract is concluded in the host country with an employer (for example a company) belonging to the same group as the previous employer; |
| --- | --- |

h)

as regards individual employment contracts, the Rome Convention (Article 6) should be coordinated with Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 on the posting of workers in the framework of the provision of services (6), to enable the appropriate mandatory rules to be enforced under the law of the country of posting. A worker's posting to another country must be limited in time or in terms of the purpose of the service to be provided; the posting may be extended if a new employment contract is concluded in the host country with an employer (for example a company) belonging to the same group as the previous employer;

| i) | as regards the law applicable to the form of contract in electronic commerce, if it is not possible to determine where the parties expressed their wishes, the frame of reference should be provided by the law of the place of habitual residence of the purchaser or the recipient of the service; |
| --- | --- |

i)

as regards the law applicable to the form of contract in electronic commerce, if it is not possible to determine where the parties expressed their wishes, the frame of reference should be provided by the law of the place of habitual residence of the purchaser or the recipient of the service;

| j) | when specifying which law should apply to the effects of assignment of a claim, reference should be made to the law of the place where the assignor is domiciled; |
| --- | --- |

j)

when specifying which law should apply to the effects of assignment of a claim, reference should be made to the law of the place where the assignor is domiciled;

| k) | legal compensation should be subject to the law governing the claim to which the compensation relates; |
| --- | --- |

k)

legal compensation should be subject to the law governing the claim to which the compensation relates;

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

| 5. | Welcomes the Commission's initiative; |
| --- | --- |

5.

Welcomes the Commission's initiative;

| 6. | Calls on the Commission to take into account the following points:






  a) | the Commission should propose the adoption of a regulation applicable to cross-border cases only; |
| --- | --- | --- |

6.

Calls on the Commission to take into account the following points:

a)

the Commission should propose the adoption of a regulation applicable to cross-border cases only;

| b) | parties should be allowed to use the European special procedures or, alternatively, the normal procedures existing in the Member States; |
| --- | --- |

b)

parties should be allowed to use the European special procedures or, alternatively, the normal procedures existing in the Member States;

| c) | orders for payment must be confined to pecuniary obligations of contractual and non-contractual origin without being subject to any ceiling; |
| --- | --- |

c)

orders for payment must be confined to pecuniary obligations of contractual and non-contractual origin without being subject to any ceiling;

| d) | the order for payment procedure should be allowed to take place in a single stage in which a person acting as a judge, by a summary procedure, establishes the merits of the case on the basis of written evidence; those Member States which lay down a two-stage procedure should be allowed to retain it; |
| --- | --- |

d)

the order for payment procedure should be allowed to take place in a single stage in which a person acting as a judge, by a summary procedure, establishes the merits of the case on the basis of written evidence; those Member States which lay down a two-stage procedure should be allowed to retain it;

| e) | a debtor concerned by an order for payment must be informed of the possibility of objecting within a time limit admitting of no extension, on expiry of which the order will become final and enforceable; |
| --- | --- |

e)

a debtor concerned by an order for payment must be informed of the possibility of objecting within a time limit admitting of no extension, on expiry of which the order will become final and enforceable;

| f) | a European order for payment should be directly enforceable in another Member State, without the need to have recourse to the exequatur procedure, provided that the Member State of origin has merely certified its origin and enforceability, as is at present being proposed for the European enforcement order for uncontested debts; |
| --- | --- |

f)

a European order for payment should be directly enforceable in another Member State, without the need to have recourse to the exequatur procedure, provided that the Member State of origin has merely certified its origin and enforceability, as is at present being proposed for the European enforcement order for uncontested debts;

| g) | to make the order for payment enforceable on Union territory, common rules may be laid down to govern service of the order, regulating, in particular, cases in which substitute service methods would be permissible, and the restrictions applying to them, if an order could not be served on the debtor in person; |
| --- | --- |

g)

to make the order for payment enforceable on Union territory, common rules may be laid down to govern service of the order, regulating, in particular, cases in which substitute service methods would be permissible, and the restrictions applying to them, if an order could not be served on the debtor in person;

| h) | jurisdiction and the recognition and enforcement of judgments in civil and commercial matters are determined under the Brussels I Regulation, which does not appear to satisfy the conditions required to enable judgments actually to be enforced; |
| --- | --- |

h)

jurisdiction and the recognition and enforcement of judgments in civil and commercial matters are determined under the Brussels I Regulation, which does not appear to satisfy the conditions required to enable judgments actually to be enforced;

| i) | service should be effected by specialised personnel with legal training who are capable of explaining every aspect of the procedure to the debtor; |
| --- | --- |

i)

service should be effected by specialised personnel with legal training who are capable of explaining every aspect of the procedure to the debtor;

| j) | the small claims procedure should not only apply to cases relating to payment of a sum of money, on the understanding that a limit must first be determined on the basis of the amount at issue, but should also be extended to cover all other disputes concerning economic relationships falling under the heading of obligations; |
| --- | --- |

j)

the small claims procedure should not only apply to cases relating to payment of a sum of money, on the understanding that a limit must first be determined on the basis of the amount at issue, but should also be extended to cover all other disputes concerning economic relationships falling under the heading of obligations;

| k) | in the small claims procedure, alternative dispute resolution (ADR) methods should be applied, the taking of evidence simplified and the right of appeal limited; |
| --- | --- |

k)

in the small claims procedure, alternative dispute resolution (ADR) methods should be applied, the taking of evidence simplified and the right of appeal limited;

*

- *

| 7. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

7.

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

---

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

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

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

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

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

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

P5_TA(2004)0098

Afghanistan

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

The European Parliament,

| — | having regard to its numerous previous resolutions on Afghanistan and, most recently, to its resolutions of 13 December 2001 (1), 5 September 2002 (2) and 15 January 2003 (3), |
| --- | --- |

—

having regard to its numerous previous resolutions on Afghanistan and, most recently, to its resolutions of 13 December 2001 (1), 5 September 2002 (2) and 15 January 2003 (3),

| — | having regard to the Bonn Conference of 4 and 5 December 2001, which established a timetable and roadmap for the restoration of peace and security and the reconstruction of Afghanistan, |
| --- | --- |

—

having regard to the Bonn Conference of 4 and 5 December 2001, which established a timetable and roadmap for the restoration of peace and security and the reconstruction of Afghanistan,

| — | having regard to the requirement, stipulated in the Bonn Agreement of 5 December 2001, that national elections be held no later than two years from the date of the convening of the Emergency Loya Jirga, which was held in June 2002, |
| --- | --- |

—

having regard to the requirement, stipulated in the Bonn Agreement of 5 December 2001, that national elections be held no later than two years from the date of the convening of the Emergency Loya Jirga, which was held in June 2002,

| — | having regard to the recently concluded Constitutional Loya Jirga (Grand Tribal Council), held in Kabul in December 2003 and January 2004 to review and approve the draft constitution, with a view to the holding of presidential elections in 2004, and having regard to the constitution for Afghanistan approved by the Constitutional Loya Jirga on 4 January 2004, |
| --- | --- |

—

having regard to the recently concluded Constitutional Loya Jirga (Grand Tribal Council), held in Kabul in December 2003 and January 2004 to review and approve the draft constitution, with a view to the holding of presidential elections in 2004, and having regard to the constitution for Afghanistan approved by the Constitutional Loya Jirga on 4 January 2004,

| — | having regard to the declaration by the Presidency-in-office of the Council on 6 January 2004 on behalf of the European Union on the approval of a constitution for Afghanistan (4), |
| --- | --- |

—

having regard to the declaration by the Presidency-in-office of the Council on 6 January 2004 on behalf of the European Union on the approval of a constitution for Afghanistan (4),

| — | having regard to the numerous UN Security Council resolutions on the situation in Afghanistan adopted since 2001, |
| --- | --- |

—

having regard to the numerous UN Security Council resolutions on the situation in Afghanistan adopted since 2001,

| — | having regard to the Brussels Proclamation adopted on 5 December 2001 following the Afghan Women's Summit and the Declaration of Solidarity with Afghan Women, |
| --- | --- |

—

having regard to the Brussels Proclamation adopted on 5 December 2001 following the Afghan Women's Summit and the Declaration of Solidarity with Afghan Women,

| — | having regard to the report by the Secretary General of the UN, submitted on 23 July 2003, on ‘The situation in Afghanistan and its implications for international peace and security’, |
| --- | --- |

—

having regard to the report by the Secretary General of the UN, submitted on 23 July 2003, on ‘The situation in Afghanistan and its implications for international peace and security’,

| — | having regard to the Declaration on Good Neighbourly Relations signed by the Afghan Transitional Authority (ATA) and the governments of China, Iran, Pakistan, Tajikistan, Turkmenistan and Uzbekistan in Kabul on 22 December 2002 and to the undertaking given on that occasion by all Afghanistan's neighbouring countries not to intervene in its internal affairs, |
| --- | --- |

—

having regard to the Declaration on Good Neighbourly Relations signed by the Afghan Transitional Authority (ATA) and the governments of China, Iran, Pakistan, Tajikistan, Turkmenistan and Uzbekistan in Kabul on 22 December 2002 and to the undertaking given on that occasion by all Afghanistan's neighbouring countries not to intervene in its internal affairs,

| — | having regard to the presidential decree of December 2002 laying the foundation for the creation of an Afghan National Army, |
| --- | --- |

—

having regard to the presidential decree of December 2002 laying the foundation for the creation of an Afghan National Army,

| — | having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (5) and having regard to Council Regulation (EC) No 561/2003 of 27 March 2003 amending, as regards exceptions to the freezing of funds and economic resources, Regulation (EC) No 881/2002 (6). |
| --- | --- |

—

having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (5) and having regard to Council Regulation (EC) No 561/2003 of 27 March 2003 amending, as regards exceptions to the freezing of funds and economic resources, Regulation (EC) No 881/2002 (6).

| — | having regard to the adoption of the European Union budget for 2004, |
| --- | --- |

—

having regard to the adoption of the European Union budget for 2004,

| — | having regard to the Commission's proposal, as part of its EUR 400 million package for Afghanistan for 2003-2004, to finance a Fourth Reconstruction Programme, with a budget of EUR 79,5 million, aimed at enhancing the living conditions of the Afghan population, including returnees, by providing a more secure environment and help towards economic recovery, and to the aid package, to be channelled through ECHO, of EUR 11,53 million approved by the Commission in October 2003 and intended to help victims of the continuing humanitarian crisis in Afghanistan, |
| --- | --- |

—

having regard to the Commission's proposal, as part of its EUR 400 million package for Afghanistan for 2003-2004, to finance a Fourth Reconstruction Programme, with a budget of EUR 79,5 million, aimed at enhancing the living conditions of the Afghan population, including returnees, by providing a more secure environment and help towards economic recovery, and to the aid package, to be channelled through ECHO, of EUR 11,53 million approved by the Commission in October 2003 and intended to help victims of the continuing humanitarian crisis in Afghanistan,

| — | having regard to the visit of an EP ad hoc delegation to Kabul, Bagram, Kandahar and Mazar-I-Sharif in June 2003, and to a follow-up visit by the rapporteur in October/November 2003, |
| --- | --- |

—

having regard to the visit of an EP ad hoc delegation to Kabul, Bagram, Kandahar and Mazar-I-Sharif in June 2003, and to a follow-up visit by the rapporteur in October/November 2003,

| — | 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 Foreign Affairs, Human Rights, Common Security and Defence Policy and the opinion of the Committee on Women's Rights and Equal Opportunities (A5-0035/2004), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the opinion of the Committee on Women's Rights and Equal Opportunities (A5-0035/2004),

| A. | whereas the abovementioned Bonn Agreement set the milestones on the road towards achieving a stable and democratically elected Afghan government by 2004 and gave responsibility for creating a new, law-abiding state to the ATA and its potential successor, the Transitional Islamic State of Afghanistan; whereas the Agreement underlines the importance of respecting human rights, including the rights of women, treating all minorities fairly, tackling drug production and trafficking and creating an environment where the standards of freedom and fairness prevail, |
| --- | --- |

A.

whereas the abovementioned Bonn Agreement set the milestones on the road towards achieving a stable and democratically elected Afghan government by 2004 and gave responsibility for creating a new, law-abiding state to the ATA and its potential successor, the Transitional Islamic State of Afghanistan; whereas the Agreement underlines the importance of respecting human rights, including the rights of women, treating all minorities fairly, tackling drug production and trafficking and creating an environment where the standards of freedom and fairness prevail,

| B. | whereas the World Bank, the Asian Development Bank and the UNDP in 2002 jointly estimated the reconstruction needs of Afghanistan at between USD 13 and USD 19 billion, whereas the international community, during the High-Level Strategic Forum in Brussels (17 March 2003), pledged USD 2 billion for the reconstruction of Afghanistan; whereas the European Union pledged EUR 1 billion over a period of five years (about EUR 200 million each year) at the Tokyo Donors' Conference in January 2002; but whereas the total amount allocated by the Commission in its 2004 Preliminary Draft Budget is less than that for 2003, although it does not include the additional EUR 50 million package for humanitarian support, |
| --- | --- |

B.

whereas the World Bank, the Asian Development Bank and the UNDP in 2002 jointly estimated the reconstruction needs of Afghanistan at between USD 13 and USD 19 billion, whereas the international community, during the High-Level Strategic Forum in Brussels (17 March 2003), pledged USD 2 billion for the reconstruction of Afghanistan; whereas the European Union pledged EUR 1 billion over a period of five years (about EUR 200 million each year) at the Tokyo Donors' Conference in January 2002; but whereas the total amount allocated by the Commission in its 2004 Preliminary Draft Budget is less than that for 2003, although it does not include the additional EUR 50 million package for humanitarian support,

| C. | whereas the deteriorating security situation is the main threat to the population of Afghanistan and to the efforts of Afghan and international NGOs supporting reconstruction, rehabilitation and development initiatives and to the peace process in general, and whereas without security these efforts will be at risk, |
| --- | --- |

C.

whereas the deteriorating security situation is the main threat to the population of Afghanistan and to the efforts of Afghan and international NGOs supporting reconstruction, rehabilitation and development initiatives and to the peace process in general, and whereas without security these efforts will be at risk,

| D. | whereas reconstruction efforts have recently been hampered by an increase in attacks on aid agencies; whereas Mr Lakhdar Brahimi, Special Representative of the UN Secretary General for Afghanistan, pointed out in his address to the UN Security Council (15 January 2004) that more and more parts of the country are increasingly difficult to access; and whereas the resurgence in parts of Afghanistan of non-democratic groups such as the Taliban and other anti-government forces, which find fertile ground in areas where substantial reconstruction has not materialised, is a serious cause for alarm in that these developments could lead to the revival of a fundamentalist regime in Afghanistan, |
| --- | --- |

D.

whereas reconstruction efforts have recently been hampered by an increase in attacks on aid agencies; whereas Mr Lakhdar Brahimi, Special Representative of the UN Secretary General for Afghanistan, pointed out in his address to the UN Security Council (15 January 2004) that more and more parts of the country are increasingly difficult to access; and whereas the resurgence in parts of Afghanistan of non-democratic groups such as the Taliban and other anti-government forces, which find fertile ground in areas where substantial reconstruction has not materialised, is a serious cause for alarm in that these developments could lead to the revival of a fundamentalist regime in Afghanistan,

| E. | whereas the domination of Afghanistan's political landscape by armed parties cum militias and individual commanders without any clear desire for national reconciliation and solidarity is a major obstacle to the implementation of the Bonn Agreement; whereas without a comprehensive process of disarmament, demobilisation and reintegration into civilian life of former combatants (DDR) and the establishment of a non-factional national army and national police and intelligence services, neither of the key elements of this political process can be meaningfully implemented, |
| --- | --- |

E.

whereas the domination of Afghanistan's political landscape by armed parties cum militias and individual commanders without any clear desire for national reconciliation and solidarity is a major obstacle to the implementation of the Bonn Agreement; whereas without a comprehensive process of disarmament, demobilisation and reintegration into civilian life of former combatants (DDR) and the establishment of a non-factional national army and national police and intelligence services, neither of the key elements of this political process can be meaningfully implemented,

| F. | whereas a survey by the United Nations Office on Drugs and Crime shows that in 2003 Afghanistan produced three-quarters of the world's illicit opium and that the income of Afghan opium farmers and traffickers was about USD 2.3 billion, a sum equivalent to half the legitimate GDP of the country; whereas the major share of this sum is believed to be going to military commanders and provincial administrators; whereas political stability and security are possible only if opium production declines and economic alternatives are developed for farmers to take the place of opium cultivation; whereas, while on the one hand the international community is working to prevent drug abuse, on the other hand Afghanistan's illegal opium production is discouraging some governments from contributing to the country's reconstruction, |
| --- | --- |

F.

whereas a survey by the United Nations Office on Drugs and Crime shows that in 2003 Afghanistan produced three-quarters of the world's illicit opium and that the income of Afghan opium farmers and traffickers was about USD 2.3 billion, a sum equivalent to half the legitimate GDP of the country; whereas the major share of this sum is believed to be going to military commanders and provincial administrators; whereas political stability and security are possible only if opium production declines and economic alternatives are developed for farmers to take the place of opium cultivation; whereas, while on the one hand the international community is working to prevent drug abuse, on the other hand Afghanistan's illegal opium production is discouraging some governments from contributing to the country's reconstruction,

| G. | whereas in the coming months Afghanistan will enter a critical juncture on its path towards national reconciliation and political normalisation, and this major challenge will have to be met before the next step in the Bonn process, namely the elections of 2004, can be taken, |
| --- | --- |

G.

whereas in the coming months Afghanistan will enter a critical juncture on its path towards national reconciliation and political normalisation, and this major challenge will have to be met before the next step in the Bonn process, namely the elections of 2004, can be taken,

| H. | whereas UN Security Council Resolution 1510, adopted unanimously on 12 October 2003, authorised the expansion of the International Security Assistance Force (ISAF) beyond Kabul; whereas the transfer of the ISAF command to NATO constitutes a strengthening of the force's multilateral framework; whereas this expansion of the international peacekeeping force constitutes an essential element of support for the Afghan authorities from the international community, |
| --- | --- |

H.

whereas UN Security Council Resolution 1510, adopted unanimously on 12 October 2003, authorised the expansion of the International Security Assistance Force (ISAF) beyond Kabul; whereas the transfer of the ISAF command to NATO constitutes a strengthening of the force's multilateral framework; whereas this expansion of the international peacekeeping force constitutes an essential element of support for the Afghan authorities from the international community,

| I. | whereas Afghanistan's first post-Taliban constitution has been approved by the Constitutional Loya Jirga and provides for a Presidential system; whereas this text gives rise to concerns mainly about the pre-eminent role of Islamic law, limitations on human rights and individual freedoms, the restriction of women's rights, the absence of proper checks and balances, the lack of either a Judicial or a Public Service Commission and of any explicit reference to civilian control over the military and security agencies, |
| --- | --- |

I.

whereas Afghanistan's first post-Taliban constitution has been approved by the Constitutional Loya Jirga and provides for a Presidential system; whereas this text gives rise to concerns mainly about the pre-eminent role of Islamic law, limitations on human rights and individual freedoms, the restriction of women's rights, the absence of proper checks and balances, the lack of either a Judicial or a Public Service Commission and of any explicit reference to civilian control over the military and security agencies,

| J. | whereas it was planned to start the electoral registration process on 1 December 2003 in the urban centres and in late February 2004 outside the cities, and whereas this process will inevitably be hampered by a lack of funds; whereas the number of registration teams has decreased from 200 to between 70 and 100 teams; whereas it seems unlikely that the registration process will be completed in time for elections to be held in June 2004 and whereas a delay of a few months therefore appears unavoidable; whereas Lakhdar Brahimi (at the end of his term of office) and UN Secretary General Kofi Annan have both warned that registering electors for national polls cannot be accomplished when many areas are unsafe for UN teams, pointing out the importance of holding elections as soon as possible, |
| --- | --- |

J.

whereas it was planned to start the electoral registration process on 1 December 2003 in the urban centres and in late February 2004 outside the cities, and whereas this process will inevitably be hampered by a lack of funds; whereas the number of registration teams has decreased from 200 to between 70 and 100 teams; whereas it seems unlikely that the registration process will be completed in time for elections to be held in June 2004 and whereas a delay of a few months therefore appears unavoidable; whereas Lakhdar Brahimi (at the end of his term of office) and UN Secretary General Kofi Annan have both warned that registering electors for national polls cannot be accomplished when many areas are unsafe for UN teams, pointing out the importance of holding elections as soon as possible,

| K. | whereas two years after the end of the anti-democratic, Islamist Taliban regime the situation of women and girls has improved slightly but still remains unsatisfactory in many ways; whereas many women and girls, especially in rural areas, are still being denied their basic rights; whereas grave concern remains over continuing violence against women and girls, both in society as a whole and in the family, which is causing untold suffering and denies women their fundamental human rights; whereas this problem will be central to the nature of Afghanistan's future government and society, |
| --- | --- |

K.

whereas two years after the end of the anti-democratic, Islamist Taliban regime the situation of women and girls has improved slightly but still remains unsatisfactory in many ways; whereas many women and girls, especially in rural areas, are still being denied their basic rights; whereas grave concern remains over continuing violence against women and girls, both in society as a whole and in the family, which is causing untold suffering and denies women their fundamental human rights; whereas this problem will be central to the nature of Afghanistan's future government and society,

| L. | drawing attention to the progress made on the situation of women, only two years after the fall of the Taliban regime, and pointing out that this development will take further time, given the psychological trauma caused by the Taliban's barbarity, |
| --- | --- |

L.

drawing attention to the progress made on the situation of women, only two years after the fall of the Taliban regime, and pointing out that this development will take further time, given the psychological trauma caused by the Taliban's barbarity,

| M. | whereas the Taliban regime, during its period in power, committed the most deliberate violations of women's rights to have occurred in modern times, introducing a gender apartheid which completely denied women's identity; whereas, whilst the Taliban regime is no longer in power, this attitude to women remains largely the same; whereas the Afghan authorities, the international community and the EU should do everything in their power to ensure that this attitude is changed; whereas, in order to ensure that Afghan society develops in a healthy way, it is necessary for everyone to be encouraged to take part in the democratic process; whereas it is particularly important that women, who have been subject to systematic and structural violations of their rights, should be able to take part in the debate on the form that future Afghan society should take; whereas it is necessary that women's rights should be established and strengthened, |
| --- | --- |

M.

whereas the Taliban regime, during its period in power, committed the most deliberate violations of women's rights to have occurred in modern times, introducing a gender apartheid which completely denied women's identity; whereas, whilst the Taliban regime is no longer in power, this attitude to women remains largely the same; whereas the Afghan authorities, the international community and the EU should do everything in their power to ensure that this attitude is changed; whereas, in order to ensure that Afghan society develops in a healthy way, it is necessary for everyone to be encouraged to take part in the democratic process; whereas it is particularly important that women, who have been subject to systematic and structural violations of their rights, should be able to take part in the debate on the form that future Afghan society should take; whereas it is necessary that women's rights should be established and strengthened,

| N. | whereas the integration of women into Afghan society and recognition of their fundamental rights are essential preconditions for maintaining peace in Afghanistan and carrying out the process of reconstruction and development in the country, |
| --- | --- |

N.

whereas the integration of women into Afghan society and recognition of their fundamental rights are essential preconditions for maintaining peace in Afghanistan and carrying out the process of reconstruction and development in the country,

| 1. | Stresses the obligation on the international community to promote national solidarity, stability, peace and democratic and economic development as well as the liberation of women in Afghanistan; is convinced that this support must continue to be given priority on the international stage in the future; |
| --- | --- |

1.

Stresses the obligation on the international community to promote national solidarity, stability, peace and democratic and economic development as well as the liberation of women in Afghanistan; is convinced that this support must continue to be given priority on the international stage in the future;

| 2. | Expresses its concern about the vicious circle created by the lack of security and the pace of reconstruction; recognises the need for provincial strategies, in particular for the south of the country; welcomes the respective efforts currently being undertaken by UNAMA (United Nations Assistance Mission in Afghanistan) in this field; |
| --- | --- |

2.

Expresses its concern about the vicious circle created by the lack of security and the pace of reconstruction; recognises the need for provincial strategies, in particular for the south of the country; welcomes the respective efforts currently being undertaken by UNAMA (United Nations Assistance Mission in Afghanistan) in this field;

| 3. | Warns against the use of excessive force by the US army against potential ‘terrorist’ targets, resulting in the deaths of civilians, including children; considers that these operations may lead to the Afghan people rejecting the process of democratisation and normalisation; |
| --- | --- |

3.

Warns against the use of excessive force by the US army against potential ‘terrorist’ targets, resulting in the deaths of civilians, including children; considers that these operations may lead to the Afghan people rejecting the process of democratisation and normalisation;

| 4. | Points out that support for economic and social reconstruction must be given the following priorities:






  — | high-quality education for boys and girls, |
| --- | --- | --- |

4.

Points out that support for economic and social reconstruction must be given the following priorities:

—

high-quality education for boys and girls,

| — | health care, particularly for women and children, |
| --- | --- |

—

health care, particularly for women and children,

| — | improvement of the infrastructure (roads, electricity, running water), |
| --- | --- |

—

improvement of the infrastructure (roads, electricity, running water),

| — | creation of irrigation systems in agricultural areas to make it possible to grow crops other than opium; |
| --- | --- |

—

creation of irrigation systems in agricultural areas to make it possible to grow crops other than opium;

| 5. | Calls for the expansion of an open, high-quality education system — based on the state, with support from the international community — offering a broad range of subjects and thus creating an alternative to the madrassas (Koran schools) that function as bastions of Muslim fundamentalism and are where Taliban militants are recruited; |
| --- | --- |

5.

Calls for the expansion of an open, high-quality education system — based on the state, with support from the international community — offering a broad range of subjects and thus creating an alternative to the madrassas (Koran schools) that function as bastions of Muslim fundamentalism and are where Taliban militants are recruited;

| 6. | Welcomes the expansion of ISAF, under NATO command, beyond Kabul and stresses the importance of moving quickly from planning to implementation; supports the idea that the forthcoming provincial reconstruction teams (PRTs) shortly to be deployed outside Kabul should be responsible, in addition to their task of safeguarding security, for helping with the country's reconstruction; considers that one of the main priorities of the ISAF must be to devote attention to the training of professional Afghan police and military forces and to the process of DDR; |
| --- | --- |

6.

Welcomes the expansion of ISAF, under NATO command, beyond Kabul and stresses the importance of moving quickly from planning to implementation; supports the idea that the forthcoming provincial reconstruction teams (PRTs) shortly to be deployed outside Kabul should be responsible, in addition to their task of safeguarding security, for helping with the country's reconstruction; considers that one of the main priorities of the ISAF must be to devote attention to the training of professional Afghan police and military forces and to the process of DDR;

| 7. | Notes that the only additional operation so far is the German deployment around Kunduz; shares the concern of the outgoing UN representative Lakhdar Brahimi that UN personnel may be forced to stop their work unless the security situation improves; calls on the Member States to increase efforts to strengthen ISAF; |
| --- | --- |

7.

Notes that the only additional operation so far is the German deployment around Kunduz; shares the concern of the outgoing UN representative Lakhdar Brahimi that UN personnel may be forced to stop their work unless the security situation improves; calls on the Member States to increase efforts to strengthen ISAF;

| 8. | Welcomes the adoption of a constitution by the Loya Jirga as an important step towards strengthening a transitional government for Afghanistan under President Karzai, and as a fundamental precondition for democratic elections in June 2004; recognises that this constitution takes account of all ethnic groups in the country and will thus contribute to the stabilisation of state structures, provided that it is translated into political reality; realises the need for an effective central authority; is pleased to note the specific reference to the equal treatment of men and women; remains concerned, however, about the following points: restrictions on the rights of freedom of speech and freedom of religion and the fact that the Afghan Independent Human Rights Commission (AIHCR) does not have locus standi in the courts or the right to bring human rights violations to court; considers that the political neutrality of the armed forces, the police and the intelligence services and their subordination to civilian control should be guaranteed, as should the independence of the judiciary and the civil service; hopes these obstacles can be removed at the time of the future application of the Constitution; |
| --- | --- |

8.

Welcomes the adoption of a constitution by the Loya Jirga as an important step towards strengthening a transitional government for Afghanistan under President Karzai, and as a fundamental precondition for democratic elections in June 2004; recognises that this constitution takes account of all ethnic groups in the country and will thus contribute to the stabilisation of state structures, provided that it is translated into political reality; realises the need for an effective central authority; is pleased to note the specific reference to the equal treatment of men and women; remains concerned, however, about the following points: restrictions on the rights of freedom of speech and freedom of religion and the fact that the Afghan Independent Human Rights Commission (AIHCR) does not have locus standi in the courts or the right to bring human rights violations to court; considers that the political neutrality of the armed forces, the police and the intelligence services and their subordination to civilian control should be guaranteed, as should the independence of the judiciary and the civil service; hopes these obstacles can be removed at the time of the future application of the Constitution;

| 9. | Welcomes the ratification of the Convention on the Elimination of All Forms of Discrimination against Women by the ATA on 5 March 2003; calls on the ATA regularly, publicly and unequivocally to condemn violence against women and girls, including that occurring in the family; stresses the crucial need to include measures to protect women's rights in legal and political reform and notably remedies enabling women to leave situations of abuse and forced marriage; urges to this end the ATA to initiate a process of public consultation leading to a comprehensive strategy that addresses, as a priority for the nation, violence against women and girls, and calls on the Council and the Commission to lend active support to such an initiative; urges the Commission to earmark funds to initiate and implement measures which will help build the country's ability to protect the rights of women and girls; |
| --- | --- |

9.

Welcomes the ratification of the Convention on the Elimination of All Forms of Discrimination against Women by the ATA on 5 March 2003; calls on the ATA regularly, publicly and unequivocally to condemn violence against women and girls, including that occurring in the family; stresses the crucial need to include measures to protect women's rights in legal and political reform and notably remedies enabling women to leave situations of abuse and forced marriage; urges to this end the ATA to initiate a process of public consultation leading to a comprehensive strategy that addresses, as a priority for the nation, violence against women and girls, and calls on the Council and the Commission to lend active support to such an initiative; urges the Commission to earmark funds to initiate and implement measures which will help build the country's ability to protect the rights of women and girls;

| 10. | Considers political reconstruction to be a key part of the overall reconstruction effort and that this should include the strengthening of democratic institutions and forces; stresses that political parties which stand for democracy and human rights should form the basis of the political process; is concerned about the continuing delays in the registration of political parties; encourages President Karzai to pursue his initiative to build a ‘moderate camp for a reform agenda’ to support the peace process; |
| --- | --- |

10.

Considers political reconstruction to be a key part of the overall reconstruction effort and that this should include the strengthening of democratic institutions and forces; stresses that political parties which stand for democracy and human rights should form the basis of the political process; is concerned about the continuing delays in the registration of political parties; encourages President Karzai to pursue his initiative to build a ‘moderate camp for a reform agenda’ to support the peace process;

| 11. | Expresses its concern about grave flaws in the constitution, such as:






  — | the absence of separation of powers, reflected in the fact that almost all power is vested in the president, the legislature having little power; |
| --- | --- | --- |

11.

Expresses its concern about grave flaws in the constitution, such as:

—

the absence of separation of powers, reflected in the fact that almost all power is vested in the president, the legislature having little power;

| — | the role of Islam, in particular the fact that religious authorities have the right to control education and direct educational resources (Articles 17, 45, 54), and the fact that Islam can be invoked to curb speech and political organisation (Articles 3 and 34); |
| --- | --- |

—

the role of Islam, in particular the fact that religious authorities have the right to control education and direct educational resources (Articles 17, 45, 54), and the fact that Islam can be invoked to curb speech and political organisation (Articles 3 and 34);

| — | the rights of women and minority groups, reflected in the fact that there are no positive obligations on the state to preclude discrimination; |
| --- | --- |

—

the rights of women and minority groups, reflected in the fact that there are no positive obligations on the state to preclude discrimination;

| 12. | Draws attention to the fact that ethnic identification is central to contemporary Afghan politics, and is therefore concerned that ethnic representation and meaningful power-sharing are currently insufficiently reflected in political institutions and security bodies; is convinced that Afghanistan needs a parliamentary system which can ensure that the country's regional, ethnic, and religious pluralism is reflected in its power structures; |
| --- | --- |

12.

Draws attention to the fact that ethnic identification is central to contemporary Afghan politics, and is therefore concerned that ethnic representation and meaningful power-sharing are currently insufficiently reflected in political institutions and security bodies; is convinced that Afghanistan needs a parliamentary system which can ensure that the country's regional, ethnic, and religious pluralism is reflected in its power structures;

| 13. | Draws attention to the fact that the constitution fails to address the future relationship between central government and the provinces; is convinced that any attempt to impose central rule over a multiethnic, multi-regional, and multi-religious population would only exacerbate internal divisions, and calls therefore for representative provincial governments to be provided for in the constitution, whose accountability to the central government should be clearly defined; |
| --- | --- |

13.

Draws attention to the fact that the constitution fails to address the future relationship between central government and the provinces; is convinced that any attempt to impose central rule over a multiethnic, multi-regional, and multi-religious population would only exacerbate internal divisions, and calls therefore for representative provincial governments to be provided for in the constitution, whose accountability to the central government should be clearly defined;

| 14. | Is concerned about the continuous threat to the country's reconstruction and reform posed by local commanders and warlords; |
| --- | --- |

14.

Is concerned about the continuous threat to the country's reconstruction and reform posed by local commanders and warlords;

| 15. | Considers that, in order for Afghanistan to be able to develop into a properly functioning democracy, it is essential for as many people as possible to participate in the political process; stresses that, in view of the traditional attitude to the role of women in Afghan society, priority should be given to guaranteeing, supporting and reinforcing their participation in this process; calls, therefore, on all political groups in Afghanistan to recognise the role of women, particularly by introducing specific programmes which will encourage women to take part in political life, both as voters and as candidates at all levels; |
| --- | --- |

15.

Considers that, in order for Afghanistan to be able to develop into a properly functioning democracy, it is essential for as many people as possible to participate in the political process; stresses that, in view of the traditional attitude to the role of women in Afghan society, priority should be given to guaranteeing, supporting and reinforcing their participation in this process; calls, therefore, on all political groups in Afghanistan to recognise the role of women, particularly by introducing specific programmes which will encourage women to take part in political life, both as voters and as candidates at all levels;

| 16. | Calls for the new constitution to guarantee women their full rights; urges the ATA to adopt measures as soon as possible which will enable women to move freely, to educate themselves, to care for their health and to work, and further urges the authority to push back the structures and symbols of their oppression and adopt laws which recognise equality between men and women in all spheres; |
| --- | --- |

16.

Calls for the new constitution to guarantee women their full rights; urges the ATA to adopt measures as soon as possible which will enable women to move freely, to educate themselves, to care for their health and to work, and further urges the authority to push back the structures and symbols of their oppression and adopt laws which recognise equality between men and women in all spheres;

| 17. | Insists that anyone who has committed crimes against humanity in Afghanistan, particularly against women, should be brought to justice; |
| --- | --- |

17.

Insists that anyone who has committed crimes against humanity in Afghanistan, particularly against women, should be brought to justice;

| 18. | Calls on the Council and Commission to assist as a matter of urgency the ATA in the creation of a country-wide system of safe shelters and support services, as well as legal aid to enable traumatised women and girls to escape further violence and repression; |
| --- | --- |

18.

Calls on the Council and Commission to assist as a matter of urgency the ATA in the creation of a country-wide system of safe shelters and support services, as well as legal aid to enable traumatised women and girls to escape further violence and repression;

| 19. | Welcomes the signature of the Political Parties' Law by President Karzai on 12 October 2003; welcomes, too, the provision whereby a party may not have an armed wing; believes that it is important that the provision whereby political parties will not be able to receive foreign funding should not prevent the international community in general and the EU in particular from supporting the development of a pluralistic party system; notes that, while the UN will doubtless play a major role in the logistical preparations for the elections, EU support for civil society could be a potential vehicle for promoting civic education, taking into account the special situation and needs of women; recalls and endorses the Commission's proposal for an EU Observation Mission to the Afghan elections; |
| --- | --- |

19.

Welcomes the signature of the Political Parties' Law by President Karzai on 12 October 2003; welcomes, too, the provision whereby a party may not have an armed wing; believes that it is important that the provision whereby political parties will not be able to receive foreign funding should not prevent the international community in general and the EU in particular from supporting the development of a pluralistic party system; notes that, while the UN will doubtless play a major role in the logistical preparations for the elections, EU support for civil society could be a potential vehicle for promoting civic education, taking into account the special situation and needs of women; recalls and endorses the Commission's proposal for an EU Observation Mission to the Afghan elections;

| 20. | Pays tribute to the work of the Commission delegation in Kabul and encourages it to continue its work, particularly on assistance with the electoral census with a view to organisation of the forthcoming elections; equally appreciates the work of the EU Special Representative in Afghanistan, Mr. Francesc Vendrell; |
| --- | --- |

20.

Pays tribute to the work of the Commission delegation in Kabul and encourages it to continue its work, particularly on assistance with the electoral census with a view to organisation of the forthcoming elections; equally appreciates the work of the EU Special Representative in Afghanistan, Mr. Francesc Vendrell;

| 21. | Stresses the urgent need to move forward in the process of demilitarising Kabul in accordance with the provisions of the Bonn Agreement; is, furthermore, convinced that this should be gradually extended to all the other provinces; welcomes in this respect the current efforts being undertaken by ISAF and the international community to remove heavy weapons from Kabul; |
| --- | --- |

21.

Stresses the urgent need to move forward in the process of demilitarising Kabul in accordance with the provisions of the Bonn Agreement; is, furthermore, convinced that this should be gradually extended to all the other provinces; welcomes in this respect the current efforts being undertaken by ISAF and the international community to remove heavy weapons from Kabul;

| 22. | Considers the Afghanistan New Beginnings Program (ANBP) Aghaz Nau, initiated by the United Nations and only recently started up in Kunduz and Gardez, to be a first step in the process of DDR which should definitely be accelerated and move rapidly beyond purely symbolic gestures; calls on the Commission and Council, through the EU Special Representative in Afghanistan, to identify and support the creation of jobs for demobilised combatants as part of long-term regional development strategies; calls on the UN to make sure the programme is not co-opted by any factional Afghan force; |
| --- | --- |

22.

Considers the Afghanistan New Beginnings Program (ANBP) Aghaz Nau, initiated by the United Nations and only recently started up in Kunduz and Gardez, to be a first step in the process of DDR which should definitely be accelerated and move rapidly beyond purely symbolic gestures; calls on the Commission and Council, through the EU Special Representative in Afghanistan, to identify and support the creation of jobs for demobilised combatants as part of long-term regional development strategies; calls on the UN to make sure the programme is not co-opted by any factional Afghan force;

| 23. | Draws attention to the fact that the amount pledged by the international donor community for reconstruction aid over the next four years is much less than is needed and that, in some cases, international donors have disbursed less than pledged; believes that the lesser amount provided for in the EU's 2004 budget for Afghanistan (compared to 2003) sends the wrong signal to the Afghan government and people; calls on the Council, the Commission and the Member States to allocate more funds to the recurrent budget of the ATA because it is crucial for the establishment of the authority of the ATA as a national governing body; |
| --- | --- |

23.

Draws attention to the fact that the amount pledged by the international donor community for reconstruction aid over the next four years is much less than is needed and that, in some cases, international donors have disbursed less than pledged; believes that the lesser amount provided for in the EU's 2004 budget for Afghanistan (compared to 2003) sends the wrong signal to the Afghan government and people; calls on the Council, the Commission and the Member States to allocate more funds to the recurrent budget of the ATA because it is crucial for the establishment of the authority of the ATA as a national governing body;

| 24. | Calls on the Commission to take into account the urgent need effectively and unbureaucratically to implement financial support for the civil and economic rehabilitation of Afghanistan, and believes that the experience gained through the use of the rapid reaction mechanism should be further developed; stresses the importance of transparency in the disbursement of funds and of improving the visibility of EU aid within the country; with this in mind, asks the Commission to consider setting up a European Agency for Reconstruction in Afghanistan, on the lines of the agency working in Kosovo; |
| --- | --- |

24.

Calls on the Commission to take into account the urgent need effectively and unbureaucratically to implement financial support for the civil and economic rehabilitation of Afghanistan, and believes that the experience gained through the use of the rapid reaction mechanism should be further developed; stresses the importance of transparency in the disbursement of funds and of improving the visibility of EU aid within the country; with this in mind, asks the Commission to consider setting up a European Agency for Reconstruction in Afghanistan, on the lines of the agency working in Kosovo;

| 25. | Encourages the ATA to take strong and effective measures against corruption and embezzlement in order to prevent misuse of international funds, and, by so doing, counter a loss of confidence among the population vis-à-vis the peace and reconstruction process; |
| --- | --- |

25.

Encourages the ATA to take strong and effective measures against corruption and embezzlement in order to prevent misuse of international funds, and, by so doing, counter a loss of confidence among the population vis-à-vis the peace and reconstruction process;

| 26. | Considers it imperative to increase financial support for the electoral registration and education processes if the elections are not to be delayed even further; stresses how important it is for the EU to contribute financially to the preparatory work which is at last underway, and calls on the Commission to place further emphasis on and to support programmes in the following areas:






  — | Media






  — | improving access to information for minorities, including internally displaced people, |
| --- | --- | --- | --- |

26.

Considers it imperative to increase financial support for the electoral registration and education processes if the elections are not to be delayed even further; stresses how important it is for the EU to contribute financially to the preparatory work which is at last underway, and calls on the Commission to place further emphasis on and to support programmes in the following areas:

—

Media

—

improving access to information for minorities, including internally displaced people,

| — | developing pluralism in the media, |
| --- | --- |

—

developing pluralism in the media,

| — | training of radio and print media journalists, |
| --- | --- |

—

training of radio and print media journalists,

| — | supporting political parties' advertising campaigns |
| --- | --- |

—

supporting political parties' advertising campaigns

| — | Public information campaigns |
| --- | --- |

—

Public information campaigns

| — | Citizen participation






  — | training of trainers in active democracy, the rule of law and advocacy |
| --- | --- | --- |

—

Citizen participation

—

training of trainers in active democracy, the rule of law and advocacy

| — | political party and NGO debates; |
| --- | --- |

—

political party and NGO debates;

| 27. | Considers that greater efforts have to be made to deal with local disputes over land and water as well as with ethnic and family-based disputes, because these add to a climate of insecurity, taking place as they do in the absence of a functioning judicial system and a professionally trained police force; believes that community-based reconciliation will have to be part of any strategy towards a more peaceful future; urges, therefore, the Council and Commission to:






  — | make more funds available for specific reconciliation-oriented programmes and broader programmes of social development work with communities; |
| --- | --- | --- |

27.

Considers that greater efforts have to be made to deal with local disputes over land and water as well as with ethnic and family-based disputes, because these add to a climate of insecurity, taking place as they do in the absence of a functioning judicial system and a professionally trained police force; believes that community-based reconciliation will have to be part of any strategy towards a more peaceful future; urges, therefore, the Council and Commission to:

—

make more funds available for specific reconciliation-oriented programmes and broader programmes of social development work with communities;

| — | further support NGO training of peace educators and development of education material; |
| --- | --- |

—

further support NGO training of peace educators and development of education material;

| — | support NGO initiatives aimed at making traditional systems more inclusive and democratic; |
| --- | --- |

—

support NGO initiatives aimed at making traditional systems more inclusive and democratic;

| — | support NGO initiatives aimed at developing and supporting local capabilities (for instance by training and employing local personnel, and acquiring medicines and vehicles locally); |
| --- | --- |

—

support NGO initiatives aimed at developing and supporting local capabilities (for instance by training and employing local personnel, and acquiring medicines and vehicles locally);

| — | support the development of an effective and realistic national education strategy for boys and girls; |
| --- | --- |

—

support the development of an effective and realistic national education strategy for boys and girls;

| — | support the restoration and retrieval of artefacts for the National Museum of Afghanistan in Kabul as a symbol of unifying pride to the Afghan people; |
| --- | --- |

—

support the restoration and retrieval of artefacts for the National Museum of Afghanistan in Kabul as a symbol of unifying pride to the Afghan people;

| 28. | Stresses its concern at the huge recent increase in illicit opium production in Afghanistan which fuels the power and role of warlords in the provinces concerned and threatens to bring the country to a crossroads whereat it could turn into an opium economy unless energetic measures are taken by the Afghan Government, affected countries and the international community; welcomes the conclusions of the Ministerial Conference on the Drug Routes from Central Asia to Europe held in Paris in May 2003, whereby countries affected by drugs originating in Afghanistan were encouraged to adopt national strategies for supply and demand reduction and to set up a single lead agency to coordinate national policies; but again insists on the priority of restoring the irrigation channels, being the only way of enabling agricultural crops to thrive as an alternative to poppy-growing; believes that consideration should be given to the entire opium crop being purchased and destroyed using international donor funds and funds saved as a result of this action from international drug law enforcement agencies; |
| --- | --- |

28.

Stresses its concern at the huge recent increase in illicit opium production in Afghanistan which fuels the power and role of warlords in the provinces concerned and threatens to bring the country to a crossroads whereat it could turn into an opium economy unless energetic measures are taken by the Afghan Government, affected countries and the international community; welcomes the conclusions of the Ministerial Conference on the Drug Routes from Central Asia to Europe held in Paris in May 2003, whereby countries affected by drugs originating in Afghanistan were encouraged to adopt national strategies for supply and demand reduction and to set up a single lead agency to coordinate national policies; but again insists on the priority of restoring the irrigation channels, being the only way of enabling agricultural crops to thrive as an alternative to poppy-growing; believes that consideration should be given to the entire opium crop being purchased and destroyed using international donor funds and funds saved as a result of this action from international drug law enforcement agencies;

| 29. | Recalls that, for 2004, it entered EUR 15 million of reconstruction funds into the reserve awaiting a comprehensive programme from the Commission for the fight against drugs and for encouraging viable alternative crops in order to develop new opportunities for farmers and prevent the export of these drugs; |
| --- | --- |

29.

Recalls that, for 2004, it entered EUR 15 million of reconstruction funds into the reserve awaiting a comprehensive programme from the Commission for the fight against drugs and for encouraging viable alternative crops in order to develop new opportunities for farmers and prevent the export of these drugs;

| 30. | Calls on the Commission to present a qualitative and quantitative assessment of the results of Community programmes and financial aid already being implemented in Afghanistan, especially as regards improvement of the lives and situation of Afghan women; |
| --- | --- |

30.

Calls on the Commission to present a qualitative and quantitative assessment of the results of Community programmes and financial aid already being implemented in Afghanistan, especially as regards improvement of the lives and situation of Afghan women;

| 31. | Stresses that the safe and voluntary return of Afghan refugees and displaced persons to their homes should be a high priority for Afghanistan and its neighbouring countries and calls for appropriate resources and a sustained commitment from the international community in general and the EU in particular; is convinced that a phased and co-ordinated effort is needed which matches the capacity of recipient and destination communities to absorb them; is disturbed, however, to learn that the office of the United Nations High Commissioner for Refugees (UNHCR) has temporarily closed its voluntary repatriation centres for Afghans in Pakistan as a direct result of the deteriorating security situation; |
| --- | --- |

31.

Stresses that the safe and voluntary return of Afghan refugees and displaced persons to their homes should be a high priority for Afghanistan and its neighbouring countries and calls for appropriate resources and a sustained commitment from the international community in general and the EU in particular; is convinced that a phased and co-ordinated effort is needed which matches the capacity of recipient and destination communities to absorb them; is disturbed, however, to learn that the office of the United Nations High Commissioner for Refugees (UNHCR) has temporarily closed its voluntary repatriation centres for Afghans in Pakistan as a direct result of the deteriorating security situation;

| 32. | Calls on the United Nations, the International Committee of the Red Cross and the ATA to examine the case of the mass murder of prisoners in the region of Shebergan in November 2001, and to provide potential witnesses with the necessary protection; |
| --- | --- |

32.

Calls on the United Nations, the International Committee of the Red Cross and the ATA to examine the case of the mass murder of prisoners in the region of Shebergan in November 2001, and to provide potential witnesses with the necessary protection;

| 33. | Calls on the United Nations, the International Committee of the Red Cross and the ATA to investigate all other instances of war crimes, crimes against humanity or genocide perpetrated in recent years; |
| --- | --- |

33.

Calls on the United Nations, the International Committee of the Red Cross and the ATA to investigate all other instances of war crimes, crimes against humanity or genocide perpetrated in recent years;

| 34. | Calls for clarity on the future of Afghanistan in regional energy policy, and in particular concerning the laying of oil and gas pipelines from Central Asia through Afghanistan; |
| --- | --- |

34.

Calls for clarity on the future of Afghanistan in regional energy policy, and in particular concerning the laying of oil and gas pipelines from Central Asia through Afghanistan;

| 35. | Calls on the EU to broach with the United States the question of granting all prisoners, especially those being held in Guantanamo and Bagram, the rights of the Geneva Convention; also calls on the United Nations and the ATA to grant all prisoners captured during fighting against the Taliban these rights and to place prisoners in Afghanistan under the control of the ATA; |
| --- | --- |

35.

Calls on the EU to broach with the United States the question of granting all prisoners, especially those being held in Guantanamo and Bagram, the rights of the Geneva Convention; also calls on the United Nations and the ATA to grant all prisoners captured during fighting against the Taliban these rights and to place prisoners in Afghanistan under the control of the ATA;

| 36. | Takes the view that stability and far-reaching democratisation of the whole region are conditions for achieving political normalisation in Afghanistan, and in this connection voices its concern at the role of neighbouring Pakistan and the inadequate efforts of the Pakistani Government to make a constructive contribution to peace and reconstruction in Afghanistan; |
| --- | --- |

36.

Takes the view that stability and far-reaching democratisation of the whole region are conditions for achieving political normalisation in Afghanistan, and in this connection voices its concern at the role of neighbouring Pakistan and the inadequate efforts of the Pakistani Government to make a constructive contribution to peace and reconstruction in Afghanistan;

| 37. | Considers it imperative that neighbouring states, especially Pakistan and Iran, respect Afghanistan's territorial sovereignty, refrain from interfering in Afghanistan's internal affairs and end all support, tacit or otherwise, for any political or armed Afghan faction; urges Pakistan, in particular, to take immediate and effective steps to prevent anti-government Afghan formations and leaders, political or military, from using its territory as a sanctuary and as a base for operations against the Afghan Government and Coalition forces and against international and local development aid workers; |
| --- | --- |

37.

Considers it imperative that neighbouring states, especially Pakistan and Iran, respect Afghanistan's territorial sovereignty, refrain from interfering in Afghanistan's internal affairs and end all support, tacit or otherwise, for any political or armed Afghan faction; urges Pakistan, in particular, to take immediate and effective steps to prevent anti-government Afghan formations and leaders, political or military, from using its territory as a sanctuary and as a base for operations against the Afghan Government and Coalition forces and against international and local development aid workers;

| 38. | Welcomes deliberations on continuing the Petersberg Process beyond the elections and the international community's related plans to hold a further Afghanistan conference during 2004; is convinced that the processes of peacekeeping and economic reconstruction, which have so far run in parallel, must be more closely coordinated; calls accordingly for the conclusion of a multiannual framework programme to safeguard the international community's commitment to security, democratisation and reconstruction in Afghanistan; considers it essential to draw up a practical programme and timetable for effective and comprehensive disarmament and endow it with the financial resources required; |
| --- | --- |

38.

Welcomes deliberations on continuing the Petersberg Process beyond the elections and the international community's related plans to hold a further Afghanistan conference during 2004; is convinced that the processes of peacekeeping and economic reconstruction, which have so far run in parallel, must be more closely coordinated; calls accordingly for the conclusion of a multiannual framework programme to safeguard the international community's commitment to security, democratisation and reconstruction in Afghanistan; considers it essential to draw up a practical programme and timetable for effective and comprehensive disarmament and endow it with the financial resources required;

| 39. | Expresses its deep concern about the worsening security situation in the south and south-east of the country, in particular Gardez, Paktia and Paktika, which is threatening not only the lives of local civilians but also rehabilitation and humanitarian efforts; is concerned that this situation is likely to deteriorate and threaten the success of the constitutional and electoral processes now under way; stresses the need for international troops and the new Afghan National Army to ensure security in these areas; |
| --- | --- |

39.

Expresses its deep concern about the worsening security situation in the south and south-east of the country, in particular Gardez, Paktia and Paktika, which is threatening not only the lives of local civilians but also rehabilitation and humanitarian efforts; is concerned that this situation is likely to deteriorate and threaten the success of the constitutional and electoral processes now under way; stresses the need for international troops and the new Afghan National Army to ensure security in these areas;

| 40. | Concludes that Afghanistan must not be forgotten by the rest of the world once again, both for humanitarian reasons and because of its geo-strategic importance and the lessons that history has taught us; |
| --- | --- |

40.

Concludes that Afghanistan must not be forgotten by the rest of the world once again, both for humanitarian reasons and because of its geo-strategic importance and the lessons that history has taught us;

| 41. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

41.

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

---

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

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

(3)  P5_TA(2003)0016.

(4)  5072/04.

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

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

P5_TA(2004)0099

Reinvigorating EU actions on human rights and democratisation with Mediterranean partners

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

The European Parliament,

| — | having regard to the Barcelona Declaration, the work programme adopted on 28 November 1995, and the recent positive developments in the Euro-Med process, |
| --- | --- |

—

having regard to the Barcelona Declaration, the work programme adopted on 28 November 1995, and the recent positive developments in the Euro-Med process,

| — | having regard to its earlier resolutions on Mediterranean policy and the Middle East, |
| --- | --- |

—

having regard to its earlier resolutions on Mediterranean policy and the Middle East,

| — | having regard to its resolution of 20 November 2003 on Wider Europe — Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours (1), |
| --- | --- |

—

having regard to its resolution of 20 November 2003 on Wider Europe — Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours (1),

| — | having regard to the Communication from the Commission to the Council and the European Parliament on Reinvigorating EU actions on human rights and democratisation with Mediterranean partners (COM(2003) 294), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council and the European Parliament on Reinvigorating EU actions on human rights and democratisation with Mediterranean partners (COM(2003) 294),

| — | having regard to Council Regulation (EC) No 975/1999 of 29 April 1999 laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms (2), |
| --- | --- |

—

having regard to Council Regulation (EC) No 975/1999 of 29 April 1999 laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms (2),

| — | having regard to Council Regulation (EC) No 976/1999 of 29 April 1999 laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries (3), |
| --- | --- |

—

having regard to Council Regulation (EC) No 976/1999 of 29 April 1999 laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries (3),

| — | having regard to the Conclusions of the European Council (Thessaloniki, 20 June 2003; Brussels, 12 December 2003) on an EU Security Strategy, and on the Arab World, |
| --- | --- |

—

having regard to the Conclusions of the European Council (Thessaloniki, 20 June 2003; Brussels, 12 December 2003) on an EU Security Strategy, and on the Arab World,

| — | having regard to the Strategy Paper ‘Strengthening the EU's relations with the Arab World’, delivered by the Commission and the High Representative on 9 December 2003, |
| --- | --- |

—

having regard to the Strategy Paper ‘Strengthening the EU's relations with the Arab World’, delivered by the Commission and the High Representative on 9 December 2003,

| — | having regard to the Arab Human Development Reports 2002 and 2003 by the United Nations Development Programme, authored by Arab experts, |
| --- | --- |

—

having regard to the Arab Human Development Reports 2002 and 2003 by the United Nations Development Programme, authored by Arab experts,

| — | having regard to Rule 37(2) of the Rules of Procedure, |
| --- | --- |

—

having regard to Rule 37(2) of the Rules of Procedure,

| A. | whereas promoting democracy, human rights, the rule of law and fundamental freedoms are the priorities of the Common Foreign and Security Policy (CFSP), |
| --- | --- |

A.

whereas promoting democracy, human rights, the rule of law and fundamental freedoms are the priorities of the Common Foreign and Security Policy (CFSP),

| B. | whereas the EU should do its utmost to transfer to, and share with, its neighbours the values upon which it is founded, |
| --- | --- |

B.

whereas the EU should do its utmost to transfer to, and share with, its neighbours the values upon which it is founded,

| C. | whereas Europe is surrounded by an arc of instability ranging from fragile New Independent States to the Arab world, where, the United Nations Development Programme observes, political participation remains weak, as manifested in the lack of genuine representative democracy and restrictions on liberties, while people's aspirations for more gender equality in education, freedom and greater participation in decision-making are the highest in the world today, |
| --- | --- |

C.

whereas Europe is surrounded by an arc of instability ranging from fragile New Independent States to the Arab world, where, the United Nations Development Programme observes, political participation remains weak, as manifested in the lack of genuine representative democracy and restrictions on liberties, while people's aspirations for more gender equality in education, freedom and greater participation in decision-making are the highest in the world today,

| D. | whereas an enlarged Europe has an interest in the establishment of a coherent system of relations with the neighbouring countries in the Mediterranean region and the Wider Middle East based on respect for human rights, democracy and the rule of law, and dialogue between cultures and religions, |
| --- | --- |

D.

whereas an enlarged Europe has an interest in the establishment of a coherent system of relations with the neighbouring countries in the Mediterranean region and the Wider Middle East based on respect for human rights, democracy and the rule of law, and dialogue between cultures and religions,

| E. | whereas little tangible progress has been made as regards democracy and human rights in the EU partner countries which are part of the Barcelona process and have negotiated association agreements with the EU, |
| --- | --- |

E.

whereas little tangible progress has been made as regards democracy and human rights in the EU partner countries which are part of the Barcelona process and have negotiated association agreements with the EU,

| F. | whereas the Commission and High Representative are committed to raising the level of ambition in Europe's relations with the Wider Middle East, |
| --- | --- |

F.

whereas the Commission and High Representative are committed to raising the level of ambition in Europe's relations with the Wider Middle East,

| G. | whereas the EU and several of its Member States were the originators of the Sana'a Regional Intergovernmental Conference on democracy, human rights and the role of the International Criminal Court, which took place in Sana'a in the Yemen from 10 to 12 January 2004 in the presence of all the countries of the region at governmental and parliamentary level and of civil society, |
| --- | --- |

G.

whereas the EU and several of its Member States were the originators of the Sana'a Regional Intergovernmental Conference on democracy, human rights and the role of the International Criminal Court, which took place in Sana'a in the Yemen from 10 to 12 January 2004 in the presence of all the countries of the region at governmental and parliamentary level and of civil society,

| H. | whereas at the end of that Conference the national delegations present adopted the ‘Sana'a Declaration’ (4), undertaking to ensure that it was implemented and respected in line with the Union's priorities and the guidelines of the European Initiative for Democracy and Human Rights (EIDHR), |
| --- | --- |

H.

whereas at the end of that Conference the national delegations present adopted the ‘Sana'a Declaration’ (4), undertaking to ensure that it was implemented and respected in line with the Union's priorities and the guidelines of the European Initiative for Democracy and Human Rights (EIDHR),

| I. | whereas a range of instruments are at the EU's disposal in this region, such as the Barcelona process, the ACP framework and evolving cooperation with Iran and the twenty-two Arab League countries, including Iraq, the Gulf States, Libya and Yemen, |
| --- | --- |

I.

whereas a range of instruments are at the EU's disposal in this region, such as the Barcelona process, the ACP framework and evolving cooperation with Iran and the twenty-two Arab League countries, including Iraq, the Gulf States, Libya and Yemen,

| J. | whereas these instruments have not yet been fully used with regard, in particular, to Article 2 (the so-called ‘human rights clause’) of the association agreements, which does not yet have a clear implementing mechanism, |
| --- | --- |

J.

whereas these instruments have not yet been fully used with regard, in particular, to Article 2 (the so-called ‘human rights clause’) of the association agreements, which does not yet have a clear implementing mechanism,

| K. | whereas it founded in 1992 the EUR 100 million EIDHR and took part in its management until 1998, |
| --- | --- |

K.

whereas it founded in 1992 the EUR 100 million EIDHR and took part in its management until 1998,

| L. | whereas the added value of EIDHR is that, uniquely, it can be used without host government consent and in any country, since funds can go directly to autonomous partners, in particular nongovernmental and international organisations, |
| --- | --- |

L.

whereas the added value of EIDHR is that, uniquely, it can be used without host government consent and in any country, since funds can go directly to autonomous partners, in particular nongovernmental and international organisations,

| M. | whereas it attaches great importance to social and economic development, and whereas it also expects that aid programmes should be conditional on reform, now that democracy and human rights are ‘essential elements’ in third-country agreements, |
| --- | --- |

M.

whereas it attaches great importance to social and economic development, and whereas it also expects that aid programmes should be conditional on reform, now that democracy and human rights are ‘essential elements’ in third-country agreements,

| N. | whereas the establishment of the Euro-Mediterranean Parliamentary Assembly can create a fresh and genuine dynamic leading to concrete changes as regards the human rights situation in the countries in the region, |
| --- | --- |

N.

whereas the establishment of the Euro-Mediterranean Parliamentary Assembly can create a fresh and genuine dynamic leading to concrete changes as regards the human rights situation in the countries in the region,

| O. | whereas the strengthening of, and support for, civil society is a key factor in the development of democracy and respect for human rights, |
| --- | --- |

O.

whereas the strengthening of, and support for, civil society is a key factor in the development of democracy and respect for human rights,

| 1. | Welcomes the abovementioned Communication and endorses and expresses its support for its ten priority actions; calls on the Commission to produce an annual report on their implementation; |
| --- | --- |

1.

Welcomes the abovementioned Communication and endorses and expresses its support for its ten priority actions; calls on the Commission to produce an annual report on their implementation;

| 2. | Maintains that civil society should be given a central role in the partnership with Mediterranean countries and reiterates its call for the implementation of policies aimed at creating a rich social fabric; |
| --- | --- |

2.

Maintains that civil society should be given a central role in the partnership with Mediterranean countries and reiterates its call for the implementation of policies aimed at creating a rich social fabric;

| 3. | Requests that this approach be adopted in and beyond the Mediterranean in line with recent developments, with a special focus on democracy and human rights, as the CFSP requires; |
| --- | --- |

3.

Requests that this approach be adopted in and beyond the Mediterranean in line with recent developments, with a special focus on democracy and human rights, as the CFSP requires;

| 4. | Insists on the necessity for a mid-term review of Article 2 of all association agreements with Mediterranean countries in order to evaluate whether respect for human rights particularly women's rights, and democratic principles are fully implemented in those agreements; calls for the introduction of specific mechanisms to enable the human rights clauses included in the Euro-Mediterranean association agreements to be applied more effectively and efficiently; |
| --- | --- |

4.

Insists on the necessity for a mid-term review of Article 2 of all association agreements with Mediterranean countries in order to evaluate whether respect for human rights particularly women's rights, and democratic principles are fully implemented in those agreements; calls for the introduction of specific mechanisms to enable the human rights clauses included in the Euro-Mediterranean association agreements to be applied more effectively and efficiently;

| 5. | Recognises, in the context of this new spur to action by the Union, that the EIDHR can only work within the framework of an overall EU human rights and democratisation policy and should continue to be systematically and flexibly applied in the Wider Middle East and the neighbouring countries in Wider Europe, in particular given the increase of EUR 17.5 million in funds voted by Parliament in the 2004 budget, among other things to support and actively encourage the process of acting on the ‘Sana'a Declaration’, and in other countries where host government consent is impossible; notes that aid funds are used for promoting democracy and human rights elsewhere; |
| --- | --- |

5.

Recognises, in the context of this new spur to action by the Union, that the EIDHR can only work within the framework of an overall EU human rights and democratisation policy and should continue to be systematically and flexibly applied in the Wider Middle East and the neighbouring countries in Wider Europe, in particular given the increase of EUR 17.5 million in funds voted by Parliament in the 2004 budget, among other things to support and actively encourage the process of acting on the ‘Sana'a Declaration’, and in other countries where host government consent is impossible; notes that aid funds are used for promoting democracy and human rights elsewhere;

| 6. | Requests that the EIDHR now be used within the Wider Europe-Neighbourhood strategy as it was in the context of the Copenhagen political criteria for the accession countries, as part of the measuring mechanism for compliance with human rights and democracy criteria — the ‘essential elements’ clause in third-country agreements; |
| --- | --- |

6.

Requests that the EIDHR now be used within the Wider Europe-Neighbourhood strategy as it was in the context of the Copenhagen political criteria for the accession countries, as part of the measuring mechanism for compliance with human rights and democracy criteria — the ‘essential elements’ clause in third-country agreements;

| 7. | Expects that the funds available under MEDA for supporting democratisation, good governance and civil society activities, which, at EUR 477 million, are much greater than the EUR 7 million of EIDHR funds, should be fully used and should complement the EIDHR activities; wants specific programmes to be developed to promote participation by women in social and political life; |
| --- | --- |

7.

Expects that the funds available under MEDA for supporting democratisation, good governance and civil society activities, which, at EUR 477 million, are much greater than the EUR 7 million of EIDHR funds, should be fully used and should complement the EIDHR activities; wants specific programmes to be developed to promote participation by women in social and political life;

| 8. | Recalls that the EIDHR's original objectives were to promote the concept of democratic society governed by the rule of law, the work of non-governmental organisations which promote pluralist democratic society, and the transfer of specific expertise and technical skills concerning democracy, the rule of law, human rights particularly women's rights, and free media to professional groups and associations in the countries concerned; and regrets that the programme now has 25 loose objectives and 32 focus countries, some without any identifiable coherence; |
| --- | --- |

8.

Recalls that the EIDHR's original objectives were to promote the concept of democratic society governed by the rule of law, the work of non-governmental organisations which promote pluralist democratic society, and the transfer of specific expertise and technical skills concerning democracy, the rule of law, human rights particularly women's rights, and free media to professional groups and associations in the countries concerned; and regrets that the programme now has 25 loose objectives and 32 focus countries, some without any identifiable coherence;

| 9. | Regrets that the EIDHR is now vulnerable to bureaucratic constraints, and requests that the Commission put forward proposals for the financing and administration of the EIDHR appropriate to the needs of a flexible, fast-response, occasionally confidential, high-sensitivity programme, possibly following the model of the 2001 Rapid Reaction Mechanism; |
| --- | --- |

9.

Regrets that the EIDHR is now vulnerable to bureaucratic constraints, and requests that the Commission put forward proposals for the financing and administration of the EIDHR appropriate to the needs of a flexible, fast-response, occasionally confidential, high-sensitivity programme, possibly following the model of the 2001 Rapid Reaction Mechanism;

| 10. | Notes in this context that the Tunisian authorities are continuing to block funding for projects approved in the framework of the EIDHR which benefit independent NGOs, including the Tunisian Human Rights League, and deplores the fact that this government also prevented several representatives of civil society from taking part in the Sana'a Conference; |
| --- | --- |

10.

Notes in this context that the Tunisian authorities are continuing to block funding for projects approved in the framework of the EIDHR which benefit independent NGOs, including the Tunisian Human Rights League, and deplores the fact that this government also prevented several representatives of civil society from taking part in the Sana'a Conference;

| 11. | Calls on the Commission to put in place administrative procedures appropriate to the objectives of the EIDHR in order to guarantee that its task of supporting non-governmental and other organisations is carried out in a coherent and efficient manner; |
| --- | --- |

11.

Calls on the Commission to put in place administrative procedures appropriate to the objectives of the EIDHR in order to guarantee that its task of supporting non-governmental and other organisations is carried out in a coherent and efficient manner;

| 12. | Requests that the capacity for involving parliaments in third countries, including in the training of parliamentary staff, be reinstated within the EIDHR; |
| --- | --- |

12.

Requests that the capacity for involving parliaments in third countries, including in the training of parliamentary staff, be reinstated within the EIDHR;

| 13. | Requests that the new Euro-Mediterranean Parliamentary Assembly become an active participant in the debate on follow-up of the EIDHR; |
| --- | --- |

13.

Requests that the new Euro-Mediterranean Parliamentary Assembly become an active participant in the debate on follow-up of the EIDHR;

| 14. | Requests that it should again take part in the decision-making process on the orientations and objectives of the EIDHR, and also in the evaluation of its results, without, however, becoming involved in the management of projects, in order to provide flexibility, oversight and the necessary political dimension; |
| --- | --- |

14.

Requests that it should again take part in the decision-making process on the orientations and objectives of the EIDHR, and also in the evaluation of its results, without, however, becoming involved in the management of projects, in order to provide flexibility, oversight and the necessary political dimension;

| 15. | Calls on its delegation to the Euro-Mediterranean Parliamentary Assembly to find ways to address the question of democracy and human rights in the region at the next meetings of this assembly; |
| --- | --- |

15.

Calls on its delegation to the Euro-Mediterranean Parliamentary Assembly to find ways to address the question of democracy and human rights in the region at the next meetings of this assembly;

| 16. | Recalls the success of the Sana'a conference organised with EU and Member State sponsorship by the Yemeni Government and the NGO No Peace Without Justice; and commends the 820 participants, including 34 governments, on their adoption of the Sana'a Declaration; |
| --- | --- |

16.

Recalls the success of the Sana'a conference organised with EU and Member State sponsorship by the Yemeni Government and the NGO No Peace Without Justice; and commends the 820 participants, including 34 governments, on their adoption of the Sana'a Declaration;

| 17. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

17.

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

---

(1)  P5_TA(2003)0520.

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

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

(4)  www.npwj.org

P5_TA(2004)0100

Elections in Iran

European Parliament resolution on Iran

The European Parliament,

| — | having regard to its resolution of 13 December 2001 on the communication from the Commission to the European Parliament and the Council on EU relations with the Islamic Republic of Iran (1), |
| --- | --- |

—

having regard to its resolution of 13 December 2001 on the communication from the Commission to the European Parliament and the Council on EU relations with the Islamic Republic of Iran (1),

| — | having regard to its previous resolutions on Iran, |
| --- | --- |

—

having regard to its previous resolutions on Iran,

| — | having regard to the UNGA Resolution of December 2003 on human rights, |
| --- | --- |

—

having regard to the UNGA Resolution of December 2003 on human rights,

| — | having regard to the recent report of the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Ambeyi Ligabo, which criticises, in particular, the fact that freedom of expression in Iran has declined considerably in recent years, |
| --- | --- |

—

having regard to the recent report of the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Ambeyi Ligabo, which criticises, in particular, the fact that freedom of expression in Iran has declined considerably in recent years,

| — | having regard to Rule 50(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 50(5) of its Rules of Procedure,

| A. | recognising the sovereign right of the Iranian people to choose their constitutional framework, |
| --- | --- |

A.

recognising the sovereign right of the Iranian people to choose their constitutional framework,

| B. | committed to universal values such as the rule of law, respect for human rights and democracy, |
| --- | --- |

B.

committed to universal values such as the rule of law, respect for human rights and democracy,

| C. | whereas information on the banning of candidates by the Council of Guardians changes on a daily basis and there are currently still about 75 sitting MPs banned from fighting this general election; whereas, in all cases, the extent of these disqualifications is unprecedented and concerns — among the current members — almost exclusively parliamentarians of the Participation Front, close to President Khatami, |
| --- | --- |

C.

whereas information on the banning of candidates by the Council of Guardians changes on a daily basis and there are currently still about 75 sitting MPs banned from fighting this general election; whereas, in all cases, the extent of these disqualifications is unprecedented and concerns — among the current members — almost exclusively parliamentarians of the Participation Front, close to President Khatami,

| D. | emphasising that the right to stand for elections is an essential element of democratic life and that exceptions should therefore be clearly defined under the law, in accordance with internationally accepted democratic standards, |
| --- | --- |

D.

emphasising that the right to stand for elections is an essential element of democratic life and that exceptions should therefore be clearly defined under the law, in accordance with internationally accepted democratic standards,

| E. | restating its continued support for the process of reform in Iran and reaffirming once again its willingness to strengthen political and economic relations between EU and Iran, |
| --- | --- |

E.

restating its continued support for the process of reform in Iran and reaffirming once again its willingness to strengthen political and economic relations between EU and Iran,

| F. | following with deep concern the political debate in Iran on the procedures governing the establishment of the lists of candidates for the next Parliament, |
| --- | --- |

F.

following with deep concern the political debate in Iran on the procedures governing the establishment of the lists of candidates for the next Parliament,

| G. | noting that President Khatami, together with Majlis Speaker Karrubi, in a letter to Ayatollah Khamenei finally agreed to hold the elections, but warned that ‘the actions of the Guardian Council had diminished competition and would lead to reduced public enthusiasm for voting’; fearing that the public will be further frustrated and alienated from the political class as a whole and that a likely huge abstention rate at the elections will play into the hands of the conservative and backward-oriented forces and will add to the strong dissatisfaction particularly of the younger generation with the lack of political and social progress after 25 years of Islamic Revolution; |
| --- | --- |

G.

noting that President Khatami, together with Majlis Speaker Karrubi, in a letter to Ayatollah Khamenei finally agreed to hold the elections, but warned that ‘the actions of the Guardian Council had diminished competition and would lead to reduced public enthusiasm for voting’; fearing that the public will be further frustrated and alienated from the political class as a whole and that a likely huge abstention rate at the elections will play into the hands of the conservative and backward-oriented forces and will add to the strong dissatisfaction particularly of the younger generation with the lack of political and social progress after 25 years of Islamic Revolution;

| H. | whereas Iran has the potential to play an important and constructive role in the region; |
| --- | --- |

H.

whereas Iran has the potential to play an important and constructive role in the region;

| 1. | Shares the view of the Iranian President and a majority of Majlis Members that the upcoming elections cannot be described as free and fair, primarily due to the exclusion of many candidates, including acting parliamentarians; |
| --- | --- |

1.

Shares the view of the Iranian President and a majority of Majlis Members that the upcoming elections cannot be described as free and fair, primarily due to the exclusion of many candidates, including acting parliamentarians;

| 2. | Regrets that the efforts towards the establishment of democratic structures have suffered a severe setback as unelected structures have shown themselves to be stronger than those institutions directly legitimated by the people of Iran; |
| --- | --- |

2.

Regrets that the efforts towards the establishment of democratic structures have suffered a severe setback as unelected structures have shown themselves to be stronger than those institutions directly legitimated by the people of Iran;

| 3. | Notes that the undermining of the reform-minded majority of the current Majlis by the Guardian Council has been a continuous phenomenon: since 2000, more than one third of all bills ratified by the parliament have been vetoed by the Guardian Council; |
| --- | --- |

3.

Notes that the undermining of the reform-minded majority of the current Majlis by the Guardian Council has been a continuous phenomenon: since 2000, more than one third of all bills ratified by the parliament have been vetoed by the Guardian Council;

| 4. | Expresses its respect and understanding for the resignation of about 127 Members of the Iranian Majlis as a consequence of so many Members being prevented from standing again in the upcoming election on 20 February 2004; |
| --- | --- |

4.

Expresses its respect and understanding for the resignation of about 127 Members of the Iranian Majlis as a consequence of so many Members being prevented from standing again in the upcoming election on 20 February 2004;

| 5. | Regrets that its wish to send an observer mission to the elections did not materialise because of lack of support from the Iranian side; |
| --- | --- |

5.

Regrets that its wish to send an observer mission to the elections did not materialise because of lack of support from the Iranian side;

| 6. | Warns that the lack of respect for democratic procedures may lead not only to a parliament unable to legitimise itself but also to a weakening of Iran's stance in the international community, which would not leave EU-Iran relations unaffected; |
| --- | --- |

6.

Warns that the lack of respect for democratic procedures may lead not only to a parliament unable to legitimise itself but also to a weakening of Iran's stance in the international community, which would not leave EU-Iran relations unaffected;

| 7. | Regrets that an election under those circumstances will not be a good example for the already fragile region of the greater Middle East; |
| --- | --- |

7.

Regrets that an election under those circumstances will not be a good example for the already fragile region of the greater Middle East;

| 8. | Remains convinced that a continued dialogue of all relevant European institutions with Iranian decision-makers, different political forces and civil society is more important than ever, inter alia in EPMajlis relations, and welcomes the intention to set up a separate EP delegation for relations with Iran; |
| --- | --- |

8.

Remains convinced that a continued dialogue of all relevant European institutions with Iranian decision-makers, different political forces and civil society is more important than ever, inter alia in EPMajlis relations, and welcomes the intention to set up a separate EP delegation for relations with Iran;

| 9. | Regrets, while acknowledging Iran's participation in the human rights dialogue, the limited scope of this dialogue, insists on a more result-oriented approach with regard to specific topics and calls for broader participation of MEPs in this dialogue; |
| --- | --- |

9.

Regrets, while acknowledging Iran's participation in the human rights dialogue, the limited scope of this dialogue, insists on a more result-oriented approach with regard to specific topics and calls for broader participation of MEPs in this dialogue;

| 10. | Would welcome a more active participation of the Iranian judiciary and the Guardian Council in the EU-Iran human rights dialogue; |
| --- | --- |

10.

Would welcome a more active participation of the Iranian judiciary and the Guardian Council in the EU-Iran human rights dialogue;

| 11. | Is prepared to identify, in addition to existing cooperation between the EU and Iran, other areas of common concern; |
| --- | --- |

11.

Is prepared to identify, in addition to existing cooperation between the EU and Iran, other areas of common concern;

| 12. | Recognises again the positive move made by Iran in signing the Additional Protocol for nuclear material safeguards and hopes that the Majlis will ratify the text within a reasonable deadline; |
| --- | --- |

12.

Recognises again the positive move made by Iran in signing the Additional Protocol for nuclear material safeguards and hopes that the Majlis will ratify the text within a reasonable deadline;

| 13. | Calls on the Council and the Commission to work on joint activities with Iran to combat drugs production in Afghanistan, drugs abuse in Iran and the illegal transit of drugs through Iran on their way to Europe, and especially to supply Iran with the necessary technical equipment to enable the competent authorities to be more effective; welcomes in this respect Iran's preparedness to share sensitive information; |
| --- | --- |

13.

Calls on the Council and the Commission to work on joint activities with Iran to combat drugs production in Afghanistan, drugs abuse in Iran and the illegal transit of drugs through Iran on their way to Europe, and especially to supply Iran with the necessary technical equipment to enable the competent authorities to be more effective; welcomes in this respect Iran's preparedness to share sensitive information;

| 14. | Calls on the Iranian Government to pursue a more active and constructive policy in order to contribute to conflict resolution in the greater Middle East region; |
| --- | --- |

14.

Calls on the Iranian Government to pursue a more active and constructive policy in order to contribute to conflict resolution in the greater Middle East region;

| 15. | Instructs its President to forward this resolution to the Council, the Commission and the President and Parliament of Iran. |
| --- | --- |

15.

Instructs its President to forward this resolution to the Council, the Commission and the President and Parliament of Iran.

---

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

P5_TA(2004)0101

Political assassinations in Cambodia

European Parliament resolution on Cambodia

The European Parliament,

| — | having regard to its previous resolutions on Cambodia, and particularly to its resolutions of 13 March 2003 on the situation in Cambodia on the eve of the general elections of 27 July 2003 (1) and 3 July 2003 (2), |
| --- | --- |

—

having regard to its previous resolutions on Cambodia, and particularly to its resolutions of 13 March 2003 on the situation in Cambodia on the eve of the general elections of 27 July 2003 (1) and 3 July 2003 (2),

| — | having regard to the Cooperation Agreement between the EC and Cambodia which entered into force on 1 November 1999 (3), |
| --- | --- |

—

having regard to the Cooperation Agreement between the EC and Cambodia which entered into force on 1 November 1999 (3),

| — | having regard to the EC-Cambodia Strategy Paper 2000-2003, |
| --- | --- |

—

having regard to the EC-Cambodia Strategy Paper 2000-2003,

| — | having regard to the final report of the EU Election Observation Mission to Cambodia, |
| --- | --- |

—

having regard to the final report of the EU Election Observation Mission to Cambodia,

| — | having regard to the statement of the EU High Representative for the Common Foreign and Security Policy on a Cambodia Tribunal, |
| --- | --- |

—

having regard to the statement of the EU High Representative for the Common Foreign and Security Policy on a Cambodia Tribunal,

| — | having regard to the agreement between the UN and the Government of Cambodia concerning the creation of a special Cambodia war crimes tribunal, |
| --- | --- |

—

having regard to the agreement between the UN and the Government of Cambodia concerning the creation of a special Cambodia war crimes tribunal,

| — | having regard to the statement of the acting United Nations High Commissioner for Human Rights on the killing of Cambodian trade union leader Chea Vichea, |
| --- | --- |

—

having regard to the statement of the acting United Nations High Commissioner for Human Rights on the killing of Cambodian trade union leader Chea Vichea,

| — | having regard to Rule 50(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 50(5) of its Rules of Procedure,

| A. | whereas on 22 January 2004 Chea Vichea, President of the Cambodian Free Trade Union of Workers and a founding member of the Sam Rainsy Party, was shot dead in broad daylight in downtown Phnom Penh, |
| --- | --- |

A.

whereas on 22 January 2004 Chea Vichea, President of the Cambodian Free Trade Union of Workers and a founding member of the Sam Rainsy Party, was shot dead in broad daylight in downtown Phnom Penh,

| B. | whereas Chea Vichea was the leader of a major trade union representing 38 000 of the country's 200 000 female textile workers, who are engaged in an industry which together with tourism is the country's most important resource, |
| --- | --- |

B.

whereas Chea Vichea was the leader of a major trade union representing 38 000 of the country's 200 000 female textile workers, who are engaged in an industry which together with tourism is the country's most important resource,

| C. | whereas the activist had been forced into hiding on several occasions as a result of death threats, and the government had failed to provide him with protection, |
| --- | --- |

C.

whereas the activist had been forced into hiding on several occasions as a result of death threats, and the government had failed to provide him with protection,

| D. | whereas this murder is the latest in a series of assassinations of high-profile political personalities over the past year, and those responsible have not so far been brought to justice, making 2003 the most violent year since the 1998 elections, |
| --- | --- |

D.

whereas this murder is the latest in a series of assassinations of high-profile political personalities over the past year, and those responsible have not so far been brought to justice, making 2003 the most violent year since the 1998 elections,

| E. | whereas this climate of political violence is favoured by the stalemate in the political situation since the general elections of 27 July 2003, which failed to produce the two-thirds majority required by the Constitution to form a government, despite the King's efforts to form a government of national unity, |
| --- | --- |

E.

whereas this climate of political violence is favoured by the stalemate in the political situation since the general elections of 27 July 2003, which failed to produce the two-thirds majority required by the Constitution to form a government, despite the King's efforts to form a government of national unity,

| F. | whereas on 7 January 2004 Cambodia celebrated the 25th anniversary of the fall of the Khmer Rouge, |
| --- | --- |

F.

whereas on 7 January 2004 Cambodia celebrated the 25th anniversary of the fall of the Khmer Rouge,

| G. | whereas the setting up of the war crimes tribunal has finally been agreed between the Government of Cambodia and the UN but still awaits ratification by the Cambodian Parliament, |
| --- | --- |

G.

whereas the setting up of the war crimes tribunal has finally been agreed between the Government of Cambodia and the UN but still awaits ratification by the Cambodian Parliament,

| H. | whereas the former Prime Minister Khieu Sampan is the first Khmer Rouge leader to have acknowledged, recently, that genocide took place under Pol Pot's rule, despite which almost all surviving leaders of that time remain free, and none has so far been put on trial, |
| --- | --- |

H.

whereas the former Prime Minister Khieu Sampan is the first Khmer Rouge leader to have acknowledged, recently, that genocide took place under Pol Pot's rule, despite which almost all surviving leaders of that time remain free, and none has so far been put on trial,

| 1. | Strongly condemns the murder of Chea Vichea, and deplores all acts of political violence in Cambodia; |
| --- | --- |

1.

Strongly condemns the murder of Chea Vichea, and deplores all acts of political violence in Cambodia;

| 2. | Regrets that the police investigations have so far been unsuccessful, despite the arrest of two suspects, and calls for everything possible to be done to find those who planned and carried out the murder of Chea Vichea, and other murders and murder attempts against prominent opposition activists; |
| --- | --- |

2.

Regrets that the police investigations have so far been unsuccessful, despite the arrest of two suspects, and calls for everything possible to be done to find those who planned and carried out the murder of Chea Vichea, and other murders and murder attempts against prominent opposition activists;

| 3. | Believes that such violence puts at risk the rights of all Cambodians and jeopardises progress towards a peaceful, democratic and prosperous Cambodia; |
| --- | --- |

3.

Believes that such violence puts at risk the rights of all Cambodians and jeopardises progress towards a peaceful, democratic and prosperous Cambodia;

| 4. | Calls on the government of Hun Sen to put an end to the ongoing impunity in the country and to bring the murderers of Chea Vichea and other victims of political assassinations to justice; |
| --- | --- |

4.

Calls on the government of Hun Sen to put an end to the ongoing impunity in the country and to bring the murderers of Chea Vichea and other victims of political assassinations to justice;

| 5. | Urges the leaders of the political parties represented in the parliament to conduct negotiations seriously, aimed at the formation of a government, in order to put in place the much-needed reforms and law enforcement measures which would efficiently protect political and human rights activists from persecution; |
| --- | --- |

5.

Urges the leaders of the political parties represented in the parliament to conduct negotiations seriously, aimed at the formation of a government, in order to put in place the much-needed reforms and law enforcement measures which would efficiently protect political and human rights activists from persecution;

| 6. | Urges that the parliament of Cambodia be enabled to take up its functions, not least in order to ratify the agreement between the UN and the government of Cambodia concerning the creation of a special Cambodia war crimes tribunal as soon as possible; |
| --- | --- |

6.

Urges that the parliament of Cambodia be enabled to take up its functions, not least in order to ratify the agreement between the UN and the government of Cambodia concerning the creation of a special Cambodia war crimes tribunal as soon as possible;

| 7. | Calls on the Commission, the Council and the governments of the Member States to raise with the Cambodian government the concerns about the assassination of political personalities and the existing impunity; |
| --- | --- |

7.

Calls on the Commission, the Council and the governments of the Member States to raise with the Cambodian government the concerns about the assassination of political personalities and the existing impunity;

| 8. | Reiterates its concern about child prostitution in the country and the trafficking in human beings to, within and from Cambodia for purposes of forced labour, including prostitution and begging, as well as adoption; |
| --- | --- |

8.

Reiterates its concern about child prostitution in the country and the trafficking in human beings to, within and from Cambodia for purposes of forced labour, including prostitution and begging, as well as adoption;

| 9. | Suggests that an ad-hoc EU delegation visit Cambodia as soon as possible to evaluate the country's political situation; |
| --- | --- |

9.

Suggests that an ad-hoc EU delegation visit Cambodia as soon as possible to evaluate the country's political situation;

| 10. | Instructs its President to forward this resolution to the Council, the Commission, the Secretary-General of the UN, the UN High Commissioner for Human Rights, the governments of the Asean member states, the Government of Cambodia, King Sihanouk, and the Funcinpec and Sam Rainsy Parties. |
| --- | --- |

10.

Instructs its President to forward this resolution to the Council, the Commission, the Secretary-General of the UN, the UN High Commissioner for Human Rights, the governments of the Asean member states, the Government of Cambodia, King Sihanouk, and the Funcinpec and Sam Rainsy Parties.

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(1)  P5_TA(2003)0103.

(2)  P5_TA(2003)0339.

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

P5_TA(2004)0102

Greek and Filipino seamen held in Karachi

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

The European Parliament,

| — | having regard to its previous resolutions on shipping disasters, |
| --- | --- |

—

having regard to its previous resolutions on shipping disasters,

| — | having regard to Rule 50(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 50(5) of its Rules of Procedure,

| A. | whereas on 27 July 2003 the tanker Tasman Spirit, carrying 67 000 tons of oil, ran aground while under instructions from a local pilot and subsequently broke in two, losing 30 000 tons of oil at the entrance to the port of Karachi, which caused a serious ecological disaster, |
| --- | --- |

A.

whereas on 27 July 2003 the tanker Tasman Spirit, carrying 67 000 tons of oil, ran aground while under instructions from a local pilot and subsequently broke in two, losing 30 000 tons of oil at the entrance to the port of Karachi, which caused a serious ecological disaster,

| B. | whereas, although the causes of the accident remain to be determined, at the time of the accident the vessel was unquestionably under the orders of a local pilot and whereas the vessel entered the port at a time when the tide was too low for a vessel of this type, |
| --- | --- |

B.

whereas, although the causes of the accident remain to be determined, at the time of the accident the vessel was unquestionably under the orders of a local pilot and whereas the vessel entered the port at a time when the tide was too low for a vessel of this type,

| C. | whereas Pakistan has not signed the International Civil Liability Fund Convention, signed by 124 countries, and therefore does not adhere to the legal procedure laid down by the Convention with regard to damages, |
| --- | --- |

C.

whereas Pakistan has not signed the International Civil Liability Fund Convention, signed by 124 countries, and therefore does not adhere to the legal procedure laid down by the Convention with regard to damages,

| D. | whereas on 3 October 2003 the Pakistan authorities prohibited the members of the crew of the Tasman Spirit (four Greeks and three Filipinos) from leaving Pakistan, |
| --- | --- |

D.

whereas on 3 October 2003 the Pakistan authorities prohibited the members of the crew of the Tasman Spirit (four Greeks and three Filipinos) from leaving Pakistan,

| E. | whereas the Pakistan authorities have also arrested the engineer Nicolaos Pappas, who arrived in Pakistan twenty days after the tanker went aground, who was in no way responsible either for the accident or for the fuel leak but who, on the contrary, as director of the salvage undertaking, succeeded in pumping out 9 000 tons of the oil remaining in the grounded vessel, |
| --- | --- |

E.

whereas the Pakistan authorities have also arrested the engineer Nicolaos Pappas, who arrived in Pakistan twenty days after the tanker went aground, who was in no way responsible either for the accident or for the fuel leak but who, on the contrary, as director of the salvage undertaking, succeeded in pumping out 9 000 tons of the oil remaining in the grounded vessel,

| F. | whereas the prolonged detention of the sailors has had a devastating impact on their psychological condition and whereas one of them, the vessel's third engineer, Giorgos Koutsos, attempted to commit suicide on 5 January 2004, |
| --- | --- |

F.

whereas the prolonged detention of the sailors has had a devastating impact on their psychological condition and whereas one of them, the vessel's third engineer, Giorgos Koutsos, attempted to commit suicide on 5 January 2004,

| G. | whereas Mr Pat Cox, President of the European Parliament, Mr Chris Patten, Member of the Commission, and Mr Javier Solana, High Representative for the CFSP, have expressed their concern to the Pakistan authorities on this subject, |
| --- | --- |

G.

whereas Mr Pat Cox, President of the European Parliament, Mr Chris Patten, Member of the Commission, and Mr Javier Solana, High Representative for the CFSP, have expressed their concern to the Pakistan authorities on this subject,

| 1. | Expresses its concern about the situation of the members of the crews of the tanker, of the salvage vessel and of Nicolaos Pappas; |
| --- | --- |

1.

Expresses its concern about the situation of the members of the crews of the tanker, of the salvage vessel and of Nicolaos Pappas;

| 2. | Considers the detention of the crew members to be unacceptable; |
| --- | --- |

2.

Considers the detention of the crew members to be unacceptable;

| 3. | Calls on the Government of Pakistan to free the persons who have been detained, give an assurance that it will be possible for them to be repatriated and adhere to the procedure laid down by international law to ensure that compensation is paid for all the damages; |
| --- | --- |

3.

Calls on the Government of Pakistan to free the persons who have been detained, give an assurance that it will be possible for them to be repatriated and adhere to the procedure laid down by international law to ensure that compensation is paid for all the damages;

| 4. | Calls on the Commission and the Council to make the requisite diplomatic efforts to resolve this affair; |
| --- | --- |

4.

Calls on the Commission and the Council to make the requisite diplomatic efforts to resolve this affair;

| 5. | Instructs its President to forward this resolution to the Commission, the Council, the Secretary General of the United Nations and the Government of Pakistan. |
| --- | --- |

5.

Instructs its President to forward this resolution to the Commission, the Council, the Secretary General of the United Nations and the Government of Pakistan.

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