# CE2004077EN.01001801.xml

| 26.3.2004 | EN | Official Journal of the European Union | CE 77/18 |
| --- | --- | --- | --- |

26.3.2004

EN

Official Journal of the European Union

CE 77/18

---

MINUTES

(2004/C 77 E/02)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Alejo VIDAL-QUADRAS ROCA

Vice-President

1.   Opening of sitting

The sitting opened at 09.05.

2.   Documents received

The following documents had been received:

| 1) | from the Commission:






  — | Communication from the Commission: A constitution for the Union — Opinion of the Commission, pursuant to Article 48 of the Treaty on European Union, on the Conference of representatives of the Member States' governments convened to revise the Treaties (COM(2003) 548 — C5-0441/2003 — 2003/0902(CNS))






  referred to | responsible: AFCO |
| --- | --- | --- | --- |
| | opinion: AFET, BUDG, CONT, LIBE, ECON, JURI, ITRE, EMPL, ENVI, AGRI, PECH, RETT, CULT, DEVE, FEMM, PETI |
| legal basis: | Article 48(2) EU |

1)

from the Commission:

—

Communication from the Commission: A constitution for the Union — Opinion of the Commission, pursuant to Article 48 of the Treaty on European Union, on the Conference of representatives of the Member States' governments convened to revise the Treaties (COM(2003) 548 — C5-0441/2003 — 2003/0902(CNS))

referred to

responsible: AFCO

opinion: AFET, BUDG, CONT, LIBE, ECON, JURI, ITRE, EMPL, ENVI, AGRI, PECH, RETT, CULT, DEVE, FEMM, PETI

legal basis:

Article 48(2) EU

| 2) | from Members:
  written declarations for entry in the Register (Rule 51)






  — | Philip Claeys and Koenraad Dillenon the holding of referenda on Turkey's possible accession to the European Union (20/2003). |
| --- | --- | --- |

2)

from Members:

written declarations for entry in the Register (Rule 51)

—

Philip Claeys and Koenraad Dillenon the holding of referenda on Turkey's possible accession to the European Union (20/2003).

3.   Appointment of the ECB President * (debate)

(debate)

Recommendation on the appointment of Mr Jean-Claude Trichet as President of the European Central Bank [10893/2003 — C5-0332/2003 — 2003/0819(CNS)] — Committee on Economic and Monetary Affairs.

Rapporteur: Christa Randzio-Plath (A5-0307/2003)

Gianluigi Magri (President-in-Office of the Council) spoke.

Christa Randzio-Plath introduced the recommendation.

The following spoke: Othmar Karas, on behalf of the PPE-DE Group, Robert Goebbels, on behalf of the PSE Group, Alain Lipietz, on behalf of the Verts/ALE Group, William Abitbol, on behalf of the EDD Group, Theresa Villiers, Pervenche Berès, Peter Pex, Manuel António dos Santos, Alexander Radwan, Giorgos Katiforis and Gianluigi Magri.

The debate closed.

Vote: Item 11.

Item 11

4.   Patentability of computer-implemented inventions ***I (debate)

(debate)

Report on the proposal for a directive of the European Parliament and of the Council on the patentability of computer-implemented inventions [COM(2002) 92 — C5-0082/2002 — 2002/0047(COD)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Arlene McCarthy (A5-0238/2003)

Frits Bolkestein (Member of the Commission) spoke.

IN THE CHAIR: Gérard ONESTA

Vice-President

Arlene McCarthy introduced the report.

The following spoke: Elly Plooij-van Gorsel (draftsman of the opinion of the ITRE Committee), Michel Rocard (draftsman of the opinion of the CULT Committee), Joachim Wuermeling, on behalf of the PPEDE Group, Manuel Medina Ortega, on behalf of the PSE Group, Toine Manders, on behalf of the ELDR Group, Pernille Frahm, on behalf of the GUE/NGL Group, Raina A. Mercedes Echerer, on behalf of the Verts/ALE Group, Antonio Mussa, on behalf of the UEN Group, Bent Hindrup Andersen, on behalf of the EDD Group, Marco Cappato, Non-attached Member, Francesco Fiori, Evelyne Gebhardt, Johanna L.A. Boogerd-Quaak, Gérard Caudron, Neil MacCormick, Rijk van Dam, Bruno Gollnisch, Malcolm Harbour, Luis Berenguer Fuster, Willy C.E.H. De Clercq, Geneviève Fraisse, Jan Dhaene, Marcelino Oreja Arburúa, Fiorella Ghilardotti, Ilda Figueiredo, Othmar Karas, Sérgio Sousa Pinto, Angelika Niebler, Olga Zrihen, Marianne L.P. Thyssen, Reino Paasilinna, Proinsias De Rossa and Frits Bolkestein.

Arlene McCarthy (rapporteur) complained about being harassed by lobbyists.

The debate closed.

Vote: Minutes of 24.9.2003, Item 5.

Minutes of 24.9.2003, Item 5

IN THE CHAIR: James L.C. PROVAN

Vice-President

VOTING TIME

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

5.   Defence of the parliamentary immunity and privileges of Jannis Sakellariou (Rule 110a) (vote)

(vote)

Report on the request for the defence of the parliamentary immunity and privileges of Jannis Sakellariou [2003/2023(IMM)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Klaus-Heiner Lehne (A5-0309/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 1)

(Voting record: Annex I, Item 1)

PROPOSAL FOR A DECISION

Adopted by single vote (P5_TA(2003)0388).

(P5_TA(2003)0388)

6.   Activities and legal situation of the political groups (amendment to the Rules of Procedure) (Rule 110a) (vote)

(amendment to the Rules of Procedure) (Rule 110a) (vote)

Report on insertion of a new Rule 29a in Parliament's Rules of Procedure: activities and legal situation of the political groups [2003/2114(REG)] — Committee on Constitutional Affairs.

Rapporteur: Gianfranco Dell'Alba (A5-0283/2003)

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 2)

(Voting record: Annex I, Item 2)

AMENDMENTS TO THE RULES OF PROCEDURE and PROPOSAL FOR A DECISION

Adopted by single vote (P5_TA(2003)0389)

(P5_TA(2003)0389)

The new provisions would enter into force on the first day of the following part-session.

7.   Amending budget No 4/2003 (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the Draft Amending Budget No 4/2003 of the European Union for the financial year 2003, Section III — Commission (SEC(2003) 626 — C5-0339/2003 — 2003/2113(BUD)) — Committee on Budgets.

Rapporteur: Göran Färm (A5-0285/2003)

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 3)

(Voting record: Annex I, Item 3)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2003)0390).

(P5_TA(2003)0390)

8.   The Sirene Manual (decision and regulation) * (Rule 110a) (vote)

(Rule 110a) (vote)

Report

| 1. | on the initiative by the Hellenic Republic on a Council Decision on procedures for amending the Sirene Manual, [7180/2003 — C5-0149/2003 — 2003/0808(CNS)]; |
| --- | --- |

1.

on the initiative by the Hellenic Republic on a Council Decision on procedures for amending the Sirene Manual, [7180/2003 — C5-0149/2003 — 2003/0808(CNS)];

| 2. | on the initiative by the Hellenic Republic on a Council Regulation on procedures for amending the Sirene Manual [7179/2003 — C5-0148/2003 — 2003/0807(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs. |
| --- | --- |

2.

on the initiative by the Hellenic Republic on a Council Regulation on procedures for amending the Sirene Manual [7179/2003 — C5-0148/2003 — 2003/0807(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Carlos Coelho (A5-0288/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 4)

(Voting record: Annex I, Item 4)

INITIATIVES, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTIONS

Adopted by single vote (P5_TA(2003)0391 and 0392)

(P5_TA(2003)0391 and 0392)

The following spoke:

The rapporteur, before the vote, under Rule 110a(4).

9.   Air transport between the Community and third countries * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council Regulation repealing Regulation (EEC) No 3975/87 and amending Regulation (EEC) No 3976/87 and Regulation (EC) No 1/2003, in connection with air transport between the Community and third countries [COM(2003) 91 — C5-0107/2003 — 2003/0038(CNS)] — Committee on Economic and Monetary Affairs.

Rapporteur: Hans-Peter Mayer (A5-0300/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 5)

(Voting record: Annex I, Item 5)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0393).

(P5_TA(2003)0393)

10.   Safe third states * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the initiative of the Republic of Austria with a view to adopting a Council Regulation establishing the criteria for determining the States which qualify as safe third States for the purpose of taking the responsibility for examining an application for asylum lodged in a Member State by a third-country national and drawing up a list of European safe third States [14712/2002 — C5-0010/2003 — 2003/0802(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Olle Schmidt (A5-0210/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 6)

(Voting record: Annex I, Item 6)

INITIATIVE

Rejected

DRAFT LEGISLATIVE RESOLUTION

Adopted(P5_TA(2003)0394)

(P5_TA(2003)0394)

The following spoke:

The rapporteur, to request that the draft legislative resolution be voted upon in order to confirm the rejection of the initiative.

11.   Appointment of the ECB President * (Rule 110a) (vote)

(Rule 110a) (vote)

Recommendation on the appointment of Mr Jean-Claude Trichet as President of the European Central Bank [10893/2003 — C5-0332/2003 — 2003/0819(CNS)] — Committee on Economic and Monetary Affairs.

Rapporteur: Christa Randzio-Plath (A5-0307/2003)

(Simple majority)

(Simple majority)

(Secret ballot)

(Secret ballot)

(Voting record: Annex I, Item 7)

(Voting record: Annex I, Item 7)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2003)0395).

(P5_TA(2003)0395)

12.   Employment policies in candidate countries (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the Commission's communication ‘Progress on the implementation of the Joint Assessment Papers on employment policies in candidate countries’ [COM(2003) 37 — 2003/2105(INI)] — Committee on Employment and Social Affairs.

Rapporteur: Harald Ettl (A5-0282/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 8)

(Voting record: Annex I, Item 8)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2003)0396).

(P5_TA(2003)0396)

13.   Security of natural gas supply ***I (vote)

(vote)

Report on a proposal for a directive of the European Parliament and the Council concerning measures to safeguard security of natural gas supply [COM(2002) 488 — C5-0449/2002 — 2002/0220(COD)] — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Peter Michael Mombaur (A5-0295/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 9)

(Voting record: Annex I, Item 9)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2003)0397)

(P5_TA(2003)0397)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0397).

(P5_TA(2003)0397)

14.   Security of supply for petroleum products ***I (vote)

(vote)

Report on a proposal for a directive of the European Parliament and of the Council concerning the alignment of measures with regard to security of supply for petroleum products [COM(2002) 488 — C5-0448/2002 — 2002/0219(COD)] — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Hans Karlsson (A5-0297/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 10)

(Voting record: Annex I, Item 10)

COMMISSION PROPOSAL

Rejected

Under Rule 68(1), the Commission was invited to withdraw its proposal. Giles Bryan Chichester pointed out that during the debate the previous evening, Commissioner de Palacio had announced that the Commission would withdraw its proposal should Parliament vote to reject it. Commissioner Bolkestein confirmed the remarks made by Giles Bryan Chichester.

On a proposal from the President, and pursuant to Rule 68, the matter was referred back to the committee responsible.

15.   Supply of crude oil and petroleum products * (vote)

(vote)

Report on a proposal for a Council directive repealing Council Directives 68/414/EEC and 98/93/EC imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products, and Council Directive 73/238/EEC on measures to mitigate the effects of difficulties in the supply of crude oil and petroleum products [COM(2002) 488 — C5-0489/2002 — 2002/0221(CNS)] — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Hans Karlsson (A5-0293/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 11)

(Voting record: Annex I, Item 11)

As this report was closely linked with the previous one, the rapporteur suggested that it too be referred back to committee.

On a proposal from the President, and pursuant to Rule 68, the matter was referred back to the committee responsible.

16.   Community trade mark * (vote)

(vote)

Report on the proposal for a Council regulation amending Regulation (EC) No 40/94 on the Community trade mark [COM(2002) 767 — C5-0009/2003 — 2002/0308(CNS)] — Committee on Legal Affairs and the Internal Market.

Rapporteur: Luis Berenguer Fuster (A5-0236/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 12)

(Voting record: Annex I, Item 12)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2003)0398)

(P5_TA(2003)0398)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0398)

(P5_TA(2003)0398)

The following spoke:

The following spoke:

The rapporteur, to move an oral amendment to amendment 3 (the President considered this to be a technical adaptation).

17.   Assistance in cases of transit (removal by air) * (vote)

(vote)

Second report on the initiative of the Federal Republic of Germany with a view to adopting a Council Directive on assistance in cases of transit for the purposes of removal by air [14848/2002 — C5-0011/2003 — 2003/0801(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Timothy Kirkhope (A5-0291/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 13)

(Voting record: Annex I, Item 13)

INITIATIVE OF THE FEDERAL REPUBLIC OF GERMANY

Approved as amended (P5_TA(2003)0399)

(P5_TA(2003)0399)

DRAFT LEGISLATIVE RESOLUTION

Adopted(P5_TA(2003)0399)

(P5_TA(2003)0399)

(The sitting was suspended at 11.50 pending the formal sitting.)

(The sitting was suspended at 11.50 pending the formal sitting.)

(From 12.00 to 12.35, a formal sitting of Parliament was held, chaired by Pat Cox, on the occasion of the visit by Mr Ion Iliescu, President of Romania.)

IN THE CHAIR: James L.C. PROVAN

Vice-President

18.   Safety at sea (vote)

(vote)

Report on improving safety at sea in response to the ‘Prestige’ accident [2003/2066(INI)] — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Dirk Sterckx (A5-0278/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 14)

(Voting record: Annex I, Item 14)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0400)

(P5_TA(2003)0400)

The following spoke:

The following spoke:

The rapporteur, to propose oral amendments to amendment 11 and amendment 3 respectively.

Konstantinos Hatzidakis, on a point of order (the President cut him off, since his remarks did not constitute a point of order).

19.   Explanations of vote

Written explanations of vote:

Written explanations of vote:

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

Oral explanations of vote:

Oral explanations of vote:

Report Randzio-Plath — A5-0307/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Mombaur — A5-0295/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Karlsson — A5-0297/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Kirkhope — A5-0291/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Sterckx — A5-0278/2003

| — | Carlo Fatuzzo, Robert Goodwill |
| --- | --- |

—

Carlo Fatuzzo, Robert Goodwill

20.   Corrections to votes

Corrections to votes were submitted by the following Members:

Report Coelho — A5-0288/2003

| — | single vote

  for: Rodi Kratsa-Tsagaropoulou, Marjo Matikainen-Kallström |
| --- | --- |

—

single vote

for: Rodi Kratsa-Tsagaropoulou, Marjo Matikainen-Kallström

for:

Report Berenguer Fuster — A5-0236/2003

| — | legislative resolution

  for: Friedrich-Wilhelm Graefe zu Baringdorf

  abstention: Ilda Figueiredo |
| --- | --- |

—

legislative resolution

for: Friedrich-Wilhelm Graefe zu Baringdorf

for:

abstention: Ilda Figueiredo

abstention:

Report Sterckx — A5-0278/2003

| — | amendment 11

  against: Rodi Kratsa-Tsagaropoulou, Cristina García-Orcoyen Tormo, José Manuel García-Margallo y Marfil, Nicole Thomas-Mauro, Isabelle Caullery

  abstention: Ward Beysen |
| --- | --- |

—

amendment 11

against: Rodi Kratsa-Tsagaropoulou, Cristina García-Orcoyen Tormo, José Manuel García-Margallo y Marfil, Nicole Thomas-Mauro, Isabelle Caullery

against:

abstention: Ward Beysen

abstention:

| — | amendment 12/rev.

  for: Carles-Alfred Gasòliba i Böhm, James (Jim) Fitzsimons, Florence Kuntz

  against: María Elena Valenciano Martínez-Orozco |
| --- | --- |

—

amendment 12/rev.

for: Carles-Alfred Gasòliba i Böhm, James (Jim) Fitzsimons, Florence Kuntz

for:

against: María Elena Valenciano Martínez-Orozco

against:

| — | amendment 16

  for: Elly Plooij-van Gorsel, Ilda Figueiredo, Georges Berthu |
| --- | --- |

—

amendment 16

for: Elly Plooij-van Gorsel, Ilda Figueiredo, Georges Berthu

for:

| — | resolution (as a whole)

  for: Marie-Hélène Descamps, María Sornosa Martínez, Ward Beysen

  against: Manuel Pérez Álvarez, Avril Doyle |
| --- | --- |

—

resolution (as a whole)

for: Marie-Hélène Descamps, María Sornosa Martínez, Ward Beysen

for:

against: Manuel Pérez Álvarez, Avril Doyle

against:

*

- *

Rainer Wieland indicated that he had been delayed by the presence of demonstrators in the immediate vicinity of Parliament. He protested vigorously at this state of affairs and requested the President to refer to the Bureau the question of the appropriateness of following the example of several national parliaments in the European Union and establishing a security zone around the European Parliament.

The President replied that he would refer the matter to the Bureau and noted that Mr Wieland had been present during the vote on the Sterckx report.

END OF VOTING TIME

(The sitting was suspended at 13.10 and resumed at 15.00.)

(The sitting was suspended at 13.10 and resumed at 15.00.)

IN THE CHAIR: Joan COLOM I NAVAL

Vice-President

21.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

*

- *

The following spoke:

| — | Bart Staes, who made a point of order on the letter addressed the previous day by Mr Prodi to the President of Parliament, in which he proposed a procedure for the review of documents relating to the ongoing inquiry into Eurostat; Mr Staes made two requests that he wished to be referred to the President of Parliament and the Conference of Presidents: firstly that a more appropriate procedure be applied, and secondly that the meeting be held in public (the President undertook to forward the requests to the President of Parliament but pointed out that the procedure had been suggested by the Conference of Presidents, not by Mr Prodi); |
| --- | --- |

—

Bart Staes, who made a point of order on the letter addressed the previous day by Mr Prodi to the President of Parliament, in which he proposed a procedure for the review of documents relating to the ongoing inquiry into Eurostat; Mr Staes made two requests that he wished to be referred to the President of Parliament and the Conference of Presidents: firstly that a more appropriate procedure be applied, and secondly that the meeting be held in public (the President undertook to forward the requests to the President of Parliament but pointed out that the procedure had been suggested by the Conference of Presidents, not by Mr Prodi);

| — | Neil Parish, who welcomed the announcement by the UK Electoral Commission allowing the residents of Gibraltar to vote in European elections as part of the constituency of South-West England. |
| --- | --- |

—

Neil Parish, who welcomed the announcement by the UK Electoral Commission allowing the residents of Gibraltar to vote in European elections as part of the constituency of South-West England.

22.   General budget of the Union — 2004 (debate)

(debate)

Gianluigi Magri (President-in-Office of the Council) introduced the 2004 general budget.

The following spoke: Terence Wynn (Chairman of the BUDG Committee), Jan Mulder (general rapporteur on the 2004 Budget), Neena Gill (rapporteur), Michaele Schreyer (Member of the Commission), James E.M. Elles, on behalf of the PPE-DE Group, Ralf Walter, on behalf of the PSE Group, Kyösti Tapio Virrankoski, on behalf of the ELDR Group, Esko Olavi Seppänen, on behalf of the GUE/NGL Group, Kathalijne Maria Buitenweg, on behalf of the Verts/ALE Group, Franz Turchi, on behalf of the UEN Group, Rijk van Dam, on behalf of the EDD Group, Gianfranco Dell'Alba, Non-attached Member, Johan Van Hecke (draftsman of the opinion of the AFET Committee), Maria Johanna (Marieke) Sanders-ten Holte (draftsman of the opinion of the DEVE Committee), Eryl Margaret McNally (draftsman of the opinion of the ITRE Committee), Lisbeth Grönfeldt Bergman (draftsman of the opinion of the ECON Committee) and Michaele Schreyer.

IN THE CHAIR: Alonso José PUERTA

Vice-President

The following spoke: José Ignacio Salafranca Sánchez-Neyra, Lissy Gröner, Ilda Figueiredo, Kathalijne Maria Buitenweg, Gianfranco Dell'Alba, Jacques F. Poos, Yasmine Boudjenah, Salvador Garriga Polledo, Francisca Sauquillo Pérez del Arco, Armin Laschet, María Esther Herranz García, Michaele Schreyer (Member of the Commission), Albert Jan Maat, draftsman of the opinion of the ITRE Committee, Robert Goodwill, draftsman of the opinion of the ENVI Committee, Franz Fischler (Member of the Commission), Wolfgang Kreissl-Dörfler, Friedrich-Wilhelm Graefe zu Baringdorf, Liam Hyland, Jutta D. Haug, Rosa Miguélez Ramos, Franz Fischler (Member of the Commission), Christopher Heaton-Harris, Willi Rothley and Neil Kinnock (Vice-President of the Commission).

IN THE CHAIR: Gerhard SCHMID

Vice-President

The following spoke: Paulo Casaca, Kyösti Tapio Virrankoski, Markus Ferber and Neil Kinnock (Vice-President of the Commission), Barbara Weiler, draftsman of the opinion of the EMPL Committee, Gianfranco Dell'Alba, draftsman of the opinion of the AFCO Committee, Michel Barnier (Member of the Commission), Konstantinos Hatzidakis, Catherine Guy-Quint, Anne Elisabet Jensen, Bartho Pronk, Ulpu Iivari, Michel Barnier and Ozan Ceyhun (draftsman of the opinion of the LIBE Committee).

IN THE CHAIR: Catherine LALUMIÈRE

Vice-President

The following spoke: Roy Perry (draftsman of the opinion of the CULT Committee), António Vitorino (Member of the Commission), Catherine Guy-Quint, Den Dover, Kathalijne Maria Buitenweg, Paul Rübig, António Vitorino, Loyola de Palacio (Vice-President of the Commission), Samuli Pohjamo, Loyola de Palacio, Gianluigi Magri (President-in-Office of the Council), Michaele Schreyer (Member of the Commission) and Terence Wynn.

The debate closed.

23.   Situation of the Alstom Group (statement followed by debate)

(statement followed by debate)

Commission statement: Situation of the Alstom Group

Malcolm Harbour on the procedure to be followed in the debate.

Mario Monti (Member of the Commission) made the statement.

The following spoke: Othmar Karas, on behalf of the PPE-DE Group, Francis Wurtz, on behalf of the GUE/NGL Group, Alain Lipietz, on behalf of the Verts/ALE Group, Charles Pasqua, on behalf of the UEN Group, William Abitbol, on behalf of the EDD Group, Carl Lang, Non-attached Member, Christoph Werner Konrad, Michael Cashman, Georges Berthu, Malcolm Harbour, Gilles Savary, on behalf of the PSE Group, Mario Monti and Michael Cashman.

The debate closed.

(The sitting was suspended at 20.50 and resumed at 21.00.)

(The sitting was suspended at 20.50 and resumed at 21.00.)

IN THE CHAIR: Ingo FRIEDRICH

Vice-President

24.   Community actions in support of consumer policy 2004-2007 ***I (debate)

(debate)

Report on the proposal for a decision of the European Parliament and of the Council establishing a general framework for financing Community actions in support of consumer policy for the years 2004-2007 [COM(2003) 44 — C5-0022/2003 — 2003/0020(COD)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Phillip Whitehead (A5-0232/2003)

David Byrne (Member of the Commission) spoke.

Phillip Whitehead introduced the report.

The following spoke: Cristina Gutiérrez-Cortines, on behalf of the PPE-DE Group, Astrid Thors, on behalf of the ELDR Group, Didier Rod, on behalf of the Verts/ALE Group, Philip Bushill-Matthews, Inger Schörling and David Byrne.

The debate closed.

Vote: Minutes of 24.9.2003, Item 6.

Minutes of 24.9.2003, Item 6

25.   Adequate and sustainable pensions (debate)

(debate)

Report on the Joint Report by the Commission and the Council on Adequate and sustainable pensions [COM(2002) 737 — 2003/2040(INI)] — Committee on Employment and Social Affairs.

Rapporteur: Jan Andersson (A5-0259/2003)

Jan Andersson introduced the report.

Anna Diamantopoulou (Member of the Commission) spoke.

The following spoke: Johanna L.A. Boogerd-Quaak (draftsman of the opinion of the FEMM Committee), Carlo Fatuzzo, on behalf of the PPE-DE Group, Alejandro Cercas, on behalf of the PSE Group, Anne Elisabet Jensen, on behalf of the ELDR Group, Sylviane H. Ainardi, on behalf of the GUE/NGL Group, Theodorus J.J. Bouwman, on behalf of the Verts/ALE Group, Brian Crowley, on behalf of the UEN Group, Bartho Pronk, Stephen Hughes, Ilda Figueiredo, Philip Bushill-Matthews, Proinsias De Rossa, Herman Schmid, Manuel Pérez Álvarez, Chantal Cauquil, Piia-Noora Kauppi and Ioannis Patakis.

The debate closed.

Vote: Minutes of 24.9.2003, Item 9.

Minutes of 24.9.2003, Item 9

26.   Taxation of energy products and electricity * (debate)

(debate)

Report on the draft Council directive restructuring the Community framework for the taxation of energy products and electricity (Renewed consultation) [8084/2003 — C5-0192/2003 — 1997/0111(CNS)] — Committee on Economic and Monetary Affairs.

Rapporteur: Pierre Jonckheer (A5-0302/2003)

Frits Bolkestein (Member of the Commission) spoke.

Pierre Jonckheer introduced the report.

The following spoke: Gérard Caudron, draftsman of the opinion of the ITRE Committee, Piia-Noora Kauppi, on behalf of the PPE-DE Group, Christa Randzio-Plath, on behalf of the PSE Group, Olle Schmidt, on behalf of the ELDR Group, Johannes (Hans) Blokland, on behalf of the EDD Group, Eija-Riitta Anneli Korhola and Frits Bolkestein.

The debate closed.

Vote: Minutes of 24.9.2003, Item 7.

Minutes of 24.9.2003, Item 7

27.   Transmission of personal data by airlines in the case of transatlantic flights (Oral question with debate)

(Oral question with debate)

Oral question: Transmission of personal data by airlines in the case of transatlantic flights — author: Johanna L.A. Boogerd-Quaak, on behalf of the LIBE Committee (B5-0277/2003)

Johanna L.A. Boogerd-Quaak moved the oral question.

Frits Bolkestein (Member of the Commission) spoke.

The following spoke: Giacomo Santini, on behalf of the PPE-DE Group, Elena Ornella Paciotti, on behalf of the PSE Group, Kathalijne Maria Buitenweg, on behalf of the Verts/ALE Group, Marco Cappato, Non-attached Member, and Bernd Posselt.

The debate closed.

Vote: Thursday 9 October 2003.

28.   Investment services and regulated markets ***I (debate)

(debate)

Report on a proposal for a directive of the European Parliament and of the Council on investment services and regulated markets, and amending Council Directives 85/611/EEC, Council Directive 93/6/EEC and European Parliament and Council Directive 2000/12/EC [COM(2002) 625 — C5-0586/2002 — 2002/0269(COD)] — Committee on Economic and Monetary Affairs.

Rapporteur: Theresa Villiers (A5-0287/2003)

Frits Bolkestein (Member of the Commission) spoke.

Theresa Villiers introduced the report.

The following spoke: Alexander Radwan, on behalf of the PPE-DE Group, Giorgos Katiforis, on behalf of the PSE Group, Olle Schmidt, on behalf of the ELDR Group, Philippe A.R. Herzog, on behalf of the GUE/NGL Group, Jean-Louis Bourlanges, Christa Randzio-Plath, Astrid Lulling, Pervenche Berès, Othmar Karas, Ieke van den Burg, Peter William Skinner and Frits Bolkestein.

The debate closed.

Vote: Minutes of 25.9.2003, Item 9.

Minutes of 25.9.2003, Item 9

29.   Agenda for next sitting

The President referred Members to the document ‘Agenda’ PE 334.423/OJME.

30.   Closure of sitting

The sitting closed at 00.05.

Julian Priestley

Secretary-General

José Pacheco Pereira

Vice-President

---

ATTENDANCE REGISTER

The following signed:

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

Observers:

Bagó Zoltán, Balsai István, Bastys Mindaugas, Biela Adam, Bielan Adam, Bobelis Kazys Jaunutis, Bonnici Josef, Brejc Mihael, Chronowski Andrzej, Chrzanowski Zbigniew, Cilevičs Boriss, Cybulski Zygmunt, Czinege Imre, Didžiokas Gintaras, Drzęla Bernard, Ékes József, Fazakas Szabolcs, Fenech Antonio, Fico Róbert, Filipek Krzysztof, Frendo Michael, Gałazėwski Andrzej, Gawłowski Andrzej, Germič Ljubo, Giertych Maciej, Grabowska Genowefa, Gruber Attila, Grzebisz-Nowicka Zofia, Gurmai Zita, Gyürk András, Horvat Franc, Ilves Toomas Hendrik, Jaskiernia Jerzy, Kamiński Michał Tomasz, Kelemen András, Kiršteins Aleksandrs, Klich Bogdan, Kłopotek Eugeniusz, Klukowski Wacław, Kowalska Bronisława, Kriščiūnas Kęstutis, Kroupa Daniel, Kuzmickas Kęstutis, Kvietkauskas Vytautas, Laar Mart, Landsbergis Vytautas, Lepper Andrzej, Libicki Marcin, Lisak Janusz, Litwiniec Bogusław, Lydeka Arminas, Łyżwiński Stanisław, Macierewicz Antoni, Maldeikis Eugenijus, Manninger Jenő, Matsakis Marios, Mavrou Eleni, Őry Csaba, Pęczak Andrzej, Peterle Alojz, Pieniążek Jerzy, Pīks Rihards, Plokšto Artur, Podgórski Bogdan, Pospíšil Jiří, Protasiewicz Jacek, Reiljan Janno, Rutkowski Krzysztof, Savi Toomas, Sefzig Luděk, Siekierski Czesław, Smorawiński Jerzy, Surján László, Szczygło Aleksander, Tabajdi Csaba, Tomaka Jan, Vaculík Josef, Valys Antanas, Vareikis Egidijus, Vella George, Vėsaitė Birutė, Wenderlich Jerzy, Widuch Marek, Wišniowska Genowefa, Wittbrodt Edmund.

---

ANNEX I

RESULTS OF VOTES

Abbreviations and symbols

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

+

adopted

-

rejected

↓

lapsed

W

withdrawn

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

roll-call vote (for, against, abstentions)

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

electronic vote (for, against, abstentions)

split

split vote

sep

separate vote

am

amendment

CA

compromise amendment

CP

corresponding part

D

deleting amendment

=

identical amendments

§

paragraph

art

article

rec

recital

MOT

motion for a resolution

JT MOT

joint motion for a resolution

SEC

secret ballot

1.   Defence of the parliamentary immunity and privileges of Jannis Sakellariou

Report: LEHNE (A5-0309/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

2.   Activities and legal situation of the political groups (amendment to the Rules of Procedure)

Report: DELL'ALBA (A5-0283/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

qualified majority

3.   Amending budget No 4/2003

Report: FÄRM (A5-0285/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

qualified majority

4.   The Sirene Manual * (decision and regulation)

Report: COELHO (A5-0288/2003)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 369, 48, 39 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

369, 48, 39

Requests for roll-call votes

PPE-DE: final vote

5.   Air transport between the Community and third countries *

Report: Hans-Peter MAYER (A5-0300/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

6.   Safe third states *

Report: Olle SCHMIDT (A5-0210/2003)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| text of the initiative | | - | |
| legislative resolution | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

text of the initiative

-

legislative resolution

+

7.   Appointment of the ECB President *

Report: RANDZIO-PLATH (A5-0307/2003)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | 315, 83, 75


  secret ballot (Rule 136(1)) |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

315, 83, 75

secret ballot (Rule 136(1))

8.   Employment policies in candidate countries

Report: ETTL (A5-0282/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

9.   Security of natural gas supply ***I

Report: MOMBAUR (A5-0295/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| proposal for rejection | 20 | EDD | | - | |
| amendments by committee responsible — block vote | 1-19 | committee | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

proposal for rejection

20

EDD

-

amendments by committee responsible — block vote

1-19

committee

+

vote: amended proposal

+

vote: legislative resolution

+

10.   Security of supply for petroleum products ***I

Report: KARLSSON (A5-0297/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| proposal for rejection | 27 =
  29 = | CHICHESTER
  ao ELDR | EV | + | 337, 130, 6


  referred back to committee (Rule 68) |
| amendments by committee responsible — block vote | 1-13
  15-25 | committee | | ↓ | |
| art 3 | 28 | PSE | | ↓ | |
| 14 | committee | | ↓ | |
| vote: amended proposal | | ↓ | |
| vote: legislative resolution | | ↓ | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

proposal for rejection

27 =

29 =

CHICHESTER

ao ELDR

EV

+

337, 130, 6

referred back to committee (Rule 68)

amendments by committee responsible — block vote

1-13

15-25

committee

↓

art 3

28

PSE

↓

14

committee

↓

vote: amended proposal

↓

vote: legislative resolution

↓

11.   Supply of crude oil and petroleum products *

Report: KARLSSON (A5-0293/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: legislative proposal | | | referred back to committee |
| vote: legislative resolution | | | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: legislative proposal

referred back to committee

vote: legislative resolution

12.   Community trade mark *

Report: BERENGUER FUSTER (A5-0236/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-10 | committee | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | RCV | + | 464, 10, 30 |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-10

committee

+

vote: amended proposal

+

vote: legislative resolution

RCV

+

464, 10, 30

Requests for roll-call votes

PPE-DE: final vote

Other information

The rapporteur had proposed an oral amendment to amendment 3 to add the words ‘Community geographical indication’ to the words ‘Community trade mark’.

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

13.   Assistance in cases of transit (removal by air) *

Report: KIRKHOPE (A5-0291/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-4 | committee | | + | |
| amendments by committee responsible — separate votes | 5 | committee | sep/EV | + | 294, 203, 0 |
| art 3 | 6 | PPE-DE | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-4

committee

+

amendments by committee responsible — separate votes

5

committee

sep/EV

+

294, 203, 0

art 3

6

PPE-DE

-

vote: amended proposal

+

vote: legislative resolution

+

Requests for separate vote

Verts/ALE: ams 5, 6

14.   Safety at sea

Report: STERCKX (A5-0278/2003)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| before § 1 | 11 | ELDR | RCV | + | 315, 183, 6 |
| 17 | PSE + GUE + Verts + EDD | | ↓ | |
| § 3 | | original text | sep | - | |
| § 4 | | original text | sep | - | |
| § 5 | | original text | sep/EV | - | 242, 259, 13 |
| § 7 | | original text | sep | + | |
| § 9 | 18 D | PSE | | W | |
| 3 | ELDR | split | | |
| 1/EV | - | 247, 257, 1


  amended orally |
| 2 | + | |
| § | original text | sep | ↓ | |
| § 10 | 25 | Verts/ALE | | ↓ | fell as a result of the adoption of am. 3 |
| 19 | PSE | | ↓ | fell as a result of the adoption of am. 3 |
| § 11 | | original text | sep | ↓ | fell as a result of the adoption of am. 3 |
| § 12 | 20 D | PSE | | ↓ | fell as a result of the adoption of am. 3 |
| § 14 | 12/rev | PPE-DE | RCV | - | 239, 268, 2 |
| § | original text | sep | - | |
| § 16 | | original text | sep | - | |
| § 17 | 26 | Verts/ALE | | + | |
| § 18 | | original text | sep | - | |
| § 21 | | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 22 | | original text | EV | + | 288, 229, 3 |
| § 23 | 4 | ELDR | | + | |
| § | original text | sep | ↓ | |
| § 24 | | original text | sep | ↓ | fell as a result of the adoption of am. 4 |
| § 25 | 5 | ELDR | EV | + | 309, 203, 7 |
| § | original text | sep | ↓ | |
| § 26 | | original text | sep | ↓ | fell as a result of the adoption of am. 5 |
| § 27 | | original text | sep | ↓ | fell as a result of the adoption of am. 4 |
| § 33 | | original text | sep/EV | + | 310, 198, 5 |
| § 35 | | original text | sep/EV | + | 324, 196, 0 |
| § 36 | | original text | sep/EV | + | 317, 187, 3 |
| § 37 | | original text | sep | ↓ | fell as a result of the adoption of am. 5 |
| § 38 | | original text | sep | ↓ | fell as a result of the adoption of am. 5 |
| § 39 | | original text | sep | - | |
| § 43 | 6 | ELDR | | + | |
| § 45 | | original text | sep | ↓ | fell as a result of the adoption of am. 6 |
| § 46 | | original text | sep | - | |
| § 48 | | original text | sep | - | |
| § 50 | | original text | sep | + | |
| § 51 | 7 | ELDR | | + | |
| § 52 | | original text | sep | ↓ | fell as a result of the adoption of am. 7 |
| after § 53 | 27 | Verts/ALE | | - | |
| § 55 | | original text | sep | - | |
| § 62 | | original text | sep | - | |
| § 63 | | original text | sep | - | |
| § 64 | 21 D | PSE | | - | |
| § 65 | 22 | PSE | EV | - | 221, 286, 11 |
| § 66 | | original text | sep | - | |
| after § 66 | 28 | Verts/ALE | | - | |
| § 69 | | original text | sep | - | |
| § 70 | | original text | sep | - | |
| § 71 | | original text | sep | - | |
| § 72 | 29 | Verts/ALE | EV | + | 291, 221, 4 |
| § 73 | 8 | ELDR | | + | |
| § | original text | sep | ↓ | |
| § 74 | | original text | sep | ↓ | fell as a result of the adoption of am. 8 |
| § 75 | | original text | sep/EV | + | 320, 180, 5 |
| § 78 | 9 | ELDR | | + | |
| 1 | EDD | | ↓ | |
| § | original text | sep | ↓ | |
| after § 78 | 30 | Verts/ALE | | - | |
| § 80 | 2 D | EDD | | - | |
| § 82 | | original text | sep/EV | + | 278, 223, 1 |
| after § 82 | 31 | Verts/ALE | | - | |
| after § 84 | 10 | ELDR | | + | |
| § 85 | | original text | sep | - | |
| § 89 | | original text | sep/EV | + | 323, 184, 4 |
| § 90 | | original text | sep/EV | + | 298, 181, 0 |
| § 92 | | original text | sep | - | |
| § 94 | | original text | sep/EV | + | 315, 193, 1 |
| § 95 | | original text | sep | + | |
| § 97 | | original text | sep | + | |
| § 98 | | original text | sep | - | |
| § 99 | | original text | sep | - | |
| § 100 | | original text | sep | - | |
| § 104 | | original text | sep/EV | + | 271, 231, 3 |
| § 106 | 32 D | PSE | | + | |
| § 109 | | original text | sep | + | |
| § 110 | | original text | sep/EV | + | 277, 228, 6 |
| § 111 | | original text | sep | + | |
| before rec A | 16 | PSE + GUE + Verts + EDD | RCV | + | 294, 224, 7 |
| recital B | 13 | PSE | | - | |
| recital G | 14 | PSE | | - | |
| recital L | | original text | sep | + | |
| rec M | | original text | sep | + | |
| recital N | 23 | Verts/ALE | EV | + | 288, 213, 12 |
| recital O | 15 D | PSE | | - | |
| rec P | | original text | split | | |
| 1 | + | |
| 2 | + | |
| recital R | | original text | sep | + | |
| after rec R | 24 | Verts/ALE | | + | |
| vote: resolution (as a whole) | RCV | + | 336, 171, 14 |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

before § 1

11

ELDR

RCV

+

315, 183, 6

17

PSE + GUE + Verts + EDD

↓

§ 3

original text

sep

-

§ 4

original text

sep

-

§ 5

original text

sep/EV

-

242, 259, 13

§ 7

original text

sep

+

§ 9

18 D

PSE

W

3

ELDR

split

1/EV

-

247, 257, 1

amended orally

2

+

§

original text

sep

↓

§ 10

25

Verts/ALE

↓

fell as a result of the adoption of am. 3

19

PSE

↓

fell as a result of the adoption of am. 3

§ 11

original text

sep

↓

fell as a result of the adoption of am. 3

§ 12

20 D

PSE

↓

fell as a result of the adoption of am. 3

§ 14

12/rev

PPE-DE

RCV

-

239, 268, 2

§

original text

sep

-

§ 16

original text

sep

-

§ 17

26

Verts/ALE

+

§ 18

original text

sep

-

§ 21

original text

split

1

+

2

+

§ 22

original text

EV

+

288, 229, 3

§ 23

4

ELDR

+

§

original text

sep

↓

§ 24

original text

sep

↓

fell as a result of the adoption of am. 4

§ 25

5

ELDR

EV

+

309, 203, 7

§

original text

sep

↓

§ 26

original text

sep

↓

fell as a result of the adoption of am. 5

§ 27

original text

sep

↓

fell as a result of the adoption of am. 4

§ 33

original text

sep/EV

+

310, 198, 5

§ 35

original text

sep/EV

+

324, 196, 0

§ 36

original text

sep/EV

+

317, 187, 3

§ 37

original text

sep

↓

fell as a result of the adoption of am. 5

§ 38

original text

sep

↓

fell as a result of the adoption of am. 5

§ 39

original text

sep

-

§ 43

6

ELDR

+

§ 45

original text

sep

↓

fell as a result of the adoption of am. 6

§ 46

original text

sep

-

§ 48

original text

sep

-

§ 50

original text

sep

+

§ 51

7

ELDR

+

§ 52

original text

sep

↓

fell as a result of the adoption of am. 7

after § 53

27

Verts/ALE

-

§ 55

original text

sep

-

§ 62

original text

sep

-

§ 63

original text

sep

-

§ 64

21 D

PSE

-

§ 65

22

PSE

EV

-

221, 286, 11

§ 66

original text

sep

-

after § 66

28

Verts/ALE

-

§ 69

original text

sep

-

§ 70

original text

sep

-

§ 71

original text

sep

-

§ 72

29

Verts/ALE

EV

+

291, 221, 4

§ 73

8

ELDR

+

§

original text

sep

↓

§ 74

original text

sep

↓

fell as a result of the adoption of am. 8

§ 75

original text

sep/EV

+

320, 180, 5

§ 78

9

ELDR

+

1

EDD

↓

§

original text

sep

↓

after § 78

30

Verts/ALE

-

§ 80

2 D

EDD

-

§ 82

original text

sep/EV

+

278, 223, 1

after § 82

31

Verts/ALE

-

after § 84

10

ELDR

+

§ 85

original text

sep

-

§ 89

original text

sep/EV

+

323, 184, 4

§ 90

original text

sep/EV

+

298, 181, 0

§ 92

original text

sep

-

§ 94

original text

sep/EV

+

315, 193, 1

§ 95

original text

sep

+

§ 97

original text

sep

+

§ 98

original text

sep

-

§ 99

original text

sep

-

§ 100

original text

sep

-

§ 104

original text

sep/EV

+

271, 231, 3

§ 106

32 D

PSE

+

§ 109

original text

sep

+

§ 110

original text

sep/EV

+

277, 228, 6

§ 111

original text

sep

+

before rec A

16

PSE + GUE + Verts + EDD

RCV

+

294, 224, 7

recital B

13

PSE

-

recital G

14

PSE

-

recital L

original text

sep

+

rec M

original text

sep

+

recital N

23

Verts/ALE

EV

+

288, 213, 12

recital O

15 D

PSE

-

rec P

original text

split

1

+

2

+

recital R

original text

sep

+

after rec R

24

Verts/ALE

+

vote: resolution (as a whole)

RCV

+

336, 171, 14

Requests for roll-call votes

PPE-DE: ams 11, 2

PSE: ams 11, 12 and final vote

ELDR: am 11

Verts/ALE: ams 11, 16 and final vote

Requests for split votes

PPE-DE

rec P

1st part:‘whereas, on the other hand, ... save the vessel’

2nd part:‘and whereas ... this request;’

PSE

am 3

1st part:‘Notes the efforts made by the Spanish authorities but’

2nd part:‘regrets that, almost a year ... in accordance with Community legislation’

ELDR

§ 21

1st part:‘Considers it necessary ... large volume of shipping traffic’

2nd part:‘and that the authorities ... of serious accidents’

Requests for separate vote

PPE-DE: recs L, M, R; §§ 22, 25, 50, 75

ELDR: §§ 3, 4, 5, 7, 14, 16, 18, 23, 25, 33, 35, 36, 39, 46, 48, 62, 63, 66, 69, 70, 71, 73, 78, 82, 85, 89, 90, 92, 94, 95, 97, 98, 99, 100, 104, 109, 110, 111

Verts/ALE: rec O (inadmissible — see amendment 15 D), § 55

Other information

The PSE Group had withdrawn amendment 18.

The ELDR Group had proposed an oral amendment to amendment 11, which was not put to the vote since over 32 Members objected to it.

The ELDR Group had proposed an oral amendment to amendment 3 to replace ‘30 000 tonnes’ with ‘14 000 tonnes’.

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

---

ANNEX II

RESULT OF ROLL-CALL VOTES

Resolution

For: 369

EDD: Belder, Blokland, van Dam

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, Calò, De Clercq, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Manders, Mulder, Newton Dunn, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski

NI: Berthu, Beysen, Borghezio, Cappato, Dell'Alba, Della Vedova, Dupuis, Hager, Kronberger, de La Perriere, Pannella, Souchet, Speroni, Turco

PPE-DE: Andria, Arvidsson, Averoff, Avilés Perea, Ayuso González, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Brienza, Brok, Camisón Asensio, Cocilovo, Coelho, Cunha, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Doyle, Ebner, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hatzidakis, Hermange, Herranz García, Hieronymi, Inglewood, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Klamt, Koch, Korhola, Lamassoure, Langen, Lisi, Maat, McCartin, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Moreira Da Silva, Morillon, Naranjo Escobar, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Valdivielso de Cué, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbey, Darras, Dehousse, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Gröner, Guy-Quint, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lange, Leinen, Lund, McAvan, McCarthy, McNally, Malliori, Marinho, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, Paasilinna, Paciotti, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Roure, Ruffolo, Sacconi, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Scheele, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Trentin, Vairinhos, Van Brempt, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Muscardini, Mussa, Ó Neachtain, Queiró, Ribeiro e Castro

Verts/ALE: Aaltonen, Ahern, Auroi, Buitenweg, Celli, Cohn-Bendit, Echerer, Ferrández Lezaun, Frassoni, Jonckheer, Lagendijk, Lambert, Lipietz, MacCormick, McKenna, Mayol i Raynal, Onesta, Rod, de Roo, Rühle, Schörling, Sörensen, Staes, Wuori

Against: 48

EDD: Andersen, Bonde, Sandbæk

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

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

PPE-DE: McMillan-Scott, Stockton

Abstention: 39

EDD: Abitbol, Bernié, Booth, Butel, Coûteaux, Esclopé, Farage, Kuntz, Raymond, Saint-Josse, Titford

PPE-DE: Atkins, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Costa Raffaele, Dover, Elles, Evans Jonathan, Foster, Goodwill, Harbour, Heaton-Harris, Helmer, Khanbhai, Kirkhope, Nicholson, Parish, Perry, Purvis, Stevenson, Sturdy, Sumberg, Van Orden, Villiers

Resolution — secret vote

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

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, Calò, De Clercq, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Manders, Monsonís Domingo, Mulder, Newton Dunn, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Watson

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

NI: Berthu, Beysen, Borghezio, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Garaud, Gollnisch, Hager, Kronberger, Lang, de La Perriere, Raschhofer, Souchet, Speroni, Stirbois

PPE-DE: Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Bayona de Perogordo, Beazley, Berend, Bodrato, Bourlanges, Bowis, Bradbourn, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cunha, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Herranz García, Hieronymi, Inglewood, Jarzembowski, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Koch, Konrad, Korhola, Lamassoure, Langen, Lechner, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Moreira Da Silva, Morillon, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Carnero González, Carraro, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbey, Darras, Dehousse, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Gröner, Guy-Quint, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lange, Leinen, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, Paasilinna, Paciotti, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Rodríguez Ramos, Roth-Behrendt, Rothe, Roure, Ruffolo, Sacconi, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Trentin, Vairinhos, Van Brempt, Van Lancker, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Berlato, Bigliardo, Camre, Caullery, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro

Verts/ALE: Aaltonen, Ahern, Auroi, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Ferrández Lezaun, Frassoni, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, Mayol i Raynal, Onesta, de Roo, Rühle, Schörling, Staes, Turmes

Resolution

For: 464

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

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, Calò, De Clercq, Dybkjær, Flesch, Gasòliba i Böhm, Jensen, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Watson

GUE/NGL: Bakopoulos, Bergaz Conesa, Blak, Brie, Caudron, Cossutta, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Markov, Marset Campos, Meijer, Morgantini, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vinci

NI: Beysen, Borghezio, Gorostiaga Atxalandabaso, Hager, Kronberger, Raschhofer, Souchet, Speroni

PPE-DE: Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Bartolozzi, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cunha, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Herranz García, Hieronymi, Inglewood, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Lechner, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

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

UEN: Berlato, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Muscardini, Mussa, Ó Neachtain, Segni

Verts/ALE: Aaltonen, Auroi, Buitenweg, Celli, Echerer, Ferrández Lezaun, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Ortuondo Larrea, Piétrasanta, Rod, de Roo, Rühle, Schörling, Sörensen, Staes, Turmes, Wuori

Against: 10

EDD: Abitbol, Booth, Farage, Titford

ELDR: Paulsen

GUE/NGL: Alyssandrakis, Korakas, Patakis

NI: Garaud, de La Perriere

Abstention: 30

EDD: Coûteaux, Kuntz

GUE/NGL: Ainardi, Alavanos, Bordes, Boudjenah, Cauquil, Krarup, Krivine, Laguiller, Vachetta, Wurtz

NI: Berthu, Cappato, Claeys, Della Vedova, Dillen, Gollnisch, Lang, Pannella, Stirbois, Turco

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

Amendment 11

For: 315

EDD: Abitbol, Belder, Bernié, Blokland, van Dam, Esclopé, Mathieu, Raymond, Saint-Josse

ELDR: Andreasen, Boogerd-Quaak, Busk, Calò, De Clercq, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Watson

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

NI: Berthu, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Gorostiaga Atxalandabaso, Hager, Kronberger, de La Perriere, Pannella, Souchet, Stirbois, Turco

PPE-DE: Bourlanges, Coelho, Cornillet, Cushnahan, Daul, De Mita, Deprez, De Sarnez, De Veyrac, Dimitrakopoulos, Ferrer, Fourtou, García-Margallo y Marfil, García-Orcoyen Tormo, Gawronski, Grosch, Grossetête, Hermange, Kratsa-Tsagaropoulou, Lamassoure, Lechner, Martin Hugues, Mombaur, Pacheco Pereira, Schaffner, Schröder Jürgen, Smet, Thyssen, van Velzen, de Veyrinas, Vlasto

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

UEN: Andrews, Caullery, Ribeiro e Castro, Thomas-Mauro

Verts/ALE: Aaltonen, Ahern, Auroi, Bouwman, Buitenweg, Celli, Dhaene, Echerer, Ferrández Lezaun, Frassoni, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Ortuondo Larrea, Piétrasanta, Rod, de Roo, Rühle, Schörling, Sörensen, Staes, Turmes, Voggenhuber, Wuori

Against: 183

EDD: Booth, Farage, Titford

ELDR: André-Léonard

NI: Beysen, Garaud, Martinez, Speroni

PPE-DE: Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bowis, Bradbourn, Brienza, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Corrie, Costa Raffaele, Cunha, Descamps, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Fiori, Flemming, Folias, Foster, Friedrich, Gahler, Galeote Quecedo, Gargani, Garriga Polledo, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Herranz García, Hieronymi, Inglewood, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Langen, Laschet, Liese, Lisi, Lulling, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marinos, Martens, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vidal-Quadras Roca, Wachtmeister, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Nobilia, Ó Neachtain, Pasqua, Queiró, Segni, Turchi

Abstention: 6

EDD: Andersen, Bonde, Kuntz, Sandbæk

PPE-DE: Maat, Marques

Amendment 12/rev.

For: 239

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

ELDR: Vallvé

GUE/NGL: Fraisse

NI: Berthu, Beysen, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Garaud, Gollnisch, Hager, Lang, de La Perriere, Martinez, Pannella, Souchet, Stirbois, Turco

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brienza, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Cunha, Cushnahan, Daul, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Herranz García, Inglewood, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Laschet, Lechner, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Valenciano Martínez-Orozco

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

Against: 268

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

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, Busk, Calò, De Clercq, Dybkjær, Flesch, Formentini, Jensen, Manders, Monsonís Domingo, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Van Hecke, Vermeer, Virrankoski, Watson

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

NI: Borghezio, Gorostiaga Atxalandabaso, Speroni

PPE-DE: Doorn

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

Verts/ALE: Aaltonen, Ahern, Auroi, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Ferrández Lezaun, Frassoni, Graefe zu Baringdorf, Isler Béguin, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Ortuondo Larrea, Piétrasanta, Rod, de Roo, Rühle, Schörling, Sörensen, Staes, Turmes, Voggenhuber, Wuori

Abstention: 2

EDD: Coûteaux

NI: Kronberger

Amendment 16

For: 294

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

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, Busk, Calò, De Clercq, Dybkjær, Flesch, Formentini, Jensen, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Van Hecke, Vermeer, Virrankoski, Watson

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

NI: Borghezio, Claeys, Dillen, Gollnisch, Gorostiaga Atxalandabaso, Hager, Lang, de La Perriere, Martinez, Stirbois

PPE-DE: Brienza, Maij-Weggen, Smet, Thyssen

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

UEN: Andrews, Camre, Ribeiro e Castro

Verts/ALE: Aaltonen, Ahern, Auroi, Bouwman, Breyer, Buitenweg, Dhaene, Echerer, Ferrández Lezaun, Frassoni, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Ortuondo Larrea, Piétrasanta, Rod, de Roo, Rühle, Schörling, Sörensen, Staes, Turmes, Voggenhuber, Wuori

Against: 224

EDD: Abitbol, Coûteaux, Kuntz

ELDR: Sanders-ten Holte

NI: Berthu, Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Garaud, Pannella, Raschhofer, Souchet, Speroni, Turco

PPE-DE: Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Brunetta, Bushill-Matthews, Callanan, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cunha, Cushnahan, Daul, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Laschet, Lechner, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marini, Marinos, Marques, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Berlato, Bigliardo, Caullery, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Nobilia, Ó Neachtain, Pasqua, Queiró, Segni, Thomas-Mauro, Turchi

Abstention: 7

EDD: Booth, Farage, Titford

ELDR: Gasòliba i Böhm, Vallvé

NI: Kronberger

PPE-DE: Ferrer

Resolution

For: 336

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

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, Busk, Calò, De Clercq, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Watson

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

NI: Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Gollnisch, Gorostiaga Atxalandabaso, Hager, Kronberger, Lang, Martinez, Pannella, Raschhofer, Stirbois, Turco

PPE-DE: Andria, Bourlanges, Cornillet, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, De Sarnez, De Veyrac, Ferrer, Ferri, Fourtou, Grosch, Grossetête, Hermange, Kauppi, Lamassoure, Langen, Laschet, Lulling, Maat, McCartin, Marini, Martin Hugues, Moreira Da Silva, Nisticò, Oomen-Ruijten, Podestà, Schaffner, Schnellhardt, Smet, Stockton, Thyssen, van Velzen, de Veyrinas, Vlasto, Wijkman

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

UEN: Andrews, Camre, Ribeiro e Castro

Verts/ALE: Aaltonen, Ahern, Auroi, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Ferrández Lezaun, Frassoni, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Ortuondo Larrea, Piétrasanta, Rod, de Roo, Rühle, Schörling, Sörensen, Staes, Turmes, Voggenhuber, Wuori

Against: 171

EDD: Booth, Coûteaux, Farage, Kuntz, Titford

NI: Beysen, Garaud, de La Perriere

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bowis, Bradbourn, Brienza, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Coelho, Corrie, Dimitrakopoulos, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Fernández Martín, Fiori, Florenz, Folias, Foster, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lechner, Liese, Lisi, McMillan-Scott, Maij-Weggen, Mann Thomas, Marinos, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Perry, Pirker, Piscarreta, Poettering, Posselt, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schierhuber, Schleicher, Schmitt, Schröder Jürgen, Schwaiger, Sommer, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Sumberg, Suominen, Tajani, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Villiers, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Berlato, Bigliardo, Caullery, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Nobilia, Ó Neachtain, Pasqua, Segni, Thomas-Mauro, Turchi

Abstention: 14

GUE/NGL: Alyssandrakis, Korakas, Patakis

NI: Berthu, Borghezio, Souchet, Speroni

PPE-DE: Cocilovo, Doorn, Martens, Pex, Pronk

PSE: Sornosa Martínez

UEN: Queiró

---

TEXTS ADOPTED

P5_TA(2003)0388

Request for defence of parliamentary immunity of Jannis Sakellariou

European Parliament decision on the request for defence of parliamentary immunity and privileges submitted by Jannis Sakellariou (2003/2023 (IMM))

The European Parliament,

| — | having regard to a request for defence of his immunity in connection with legal proceedings pending before a Greek court submitted by Jannis Sakellariou on 20 January 2003 and announced in plenary sitting on 29 January 2003, |
| --- | --- |

—

having regard to a request for defence of his immunity in connection with legal proceedings pending before a Greek court submitted by Jannis Sakellariou on 20 January 2003 and announced in plenary sitting on 29 January 2003,

| — | having regard to Articles 9 and 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act of 20 September 1976 concerning the Election of Representatives to the European Parliament by direct universal suffrage, |
| --- | --- |

—

having regard to Articles 9 and 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act of 20 September 1976 concerning the Election of Representatives to the European Parliament by direct universal suffrage,

| — | having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986 (1), |
| --- | --- |

—

having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986 (1),

| — | having regard to Rules 6 and 6a of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 6 and 6a of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0309/2003), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0309/2003),

| A. | whereas Jannis Sakellariou was elected to the European Parliament in the fifth elections held from 10 to 13 June 1999, and whereas his credentials were verified by Parliament on 15 December 1999 (2), |
| --- | --- |

A.

whereas Jannis Sakellariou was elected to the European Parliament in the fifth elections held from 10 to 13 June 1999, and whereas his credentials were verified by Parliament on 15 December 1999 (2),

| B. | whereas Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties (3), |
| --- | --- |

B.

whereas Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties (3),

| C. | whereas during the sessions of the European Parliament its Members enjoy, in the territory of any Member State other than their own, immunity from any measure of detention and from legal proceedings (4), |
| --- | --- |

C.

whereas during the sessions of the European Parliament its Members enjoy, in the territory of any Member State other than their own, immunity from any measure of detention and from legal proceedings (4),

| D. | whereas Jannis Sakellariou was elected to the European Parliament in the Federal Republic of Germany and may not therefore be subject to legal proceedings in the territory of the Hellenic Republic, |
| --- | --- |

D.

whereas Jannis Sakellariou was elected to the European Parliament in the Federal Republic of Germany and may not therefore be subject to legal proceedings in the territory of the Hellenic Republic,

| E. | whereas the immunity from legal proceedings enjoyed by Members of the European Parliament also covers immunity from civil proceedings, |
| --- | --- |

E.

whereas the immunity from legal proceedings enjoyed by Members of the European Parliament also covers immunity from civil proceedings,

| 1. | Decides to defend the immunity and privileges of Jannis Sakellariou; |
| --- | --- |

1.

Decides to defend the immunity and privileges of Jannis Sakellariou;

| 2. | Instructs its President immediately to forward this decision and the report of its committee to the division for civil matters of the Athens Court of First Instance. |
| --- | --- |

2.

Instructs its President immediately to forward this decision and the report of its committee to the division for civil matters of the Athens Court of First Instance.

---

(1)  See ECR 2403, p. 419, Case 101/63, Wagner v. Fohrmann and Krier and ECR 1986, p. 2 391, Case 149/85, Wybot v. Faure.

(2)  European Parliament Decision on the verification of credentials of Members following the fifth direct elections to the European Parliament on 10 to 13 June 1999 (OJ C 296, 18.10.2000, p. 93).

(3)  Article 9 of the Protocol on the Privileges and Immunities of the European Communities.

(4)  Article 10(b) of the Protocol on the Privileges and Immunities of the European Communities.

P5_TA(2003)0389

Activities and legal situation of the political groups (amendment to the Rules of Procedure)

European Parliament decision on the insertion in its Rules of Procedure of a new Rule 29a: Activities and legal situation of the political groups (2003/2114(REG))

The European Parliament,

| — | having regard to the letter from its President of 28 May 2003, |
| --- | --- |

—

having regard to the letter from its President of 28 May 2003,

| — | having regard to Rules 180 and 181 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 180 and 181 of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs (A5-0283/2003), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs (A5-0283/2003),

| 1. | Decides to amend its Rules of Procedure as indicated below; |
| --- | --- |

1.

Decides to amend its Rules of Procedure as indicated below;

| 2. | Points out that these amendments will enter into force on the first day of the next part-session; |
| --- | --- |

2.

Points out that these amendments will enter into force on the first day of the next part-session;

| 3. | Instructs its President to forward this decision to the Council and Commission, for information. |
| --- | --- |

3.

Instructs its President to forward this decision to the Council and Commission, for information.

| CURRENT TEXT | AMENDMENTS |
| --- | --- |
| Amendment 1 |
| Rule 29a (new) |
| | Article 29a




  Activities and legal situation of the political groups




  The political groups shall carry out their duties as part of the activities of the Union, including the tasks allocated to them by the Rules of Procedure. The political groups shall be provided with a secretariat on the basis of the establishment plan of the Secretariat, administrative facilities and the appropriations entered for that purpose in Parliament's budget.




  The Bureau shall lay down the rules relating to the provision, implementation and monitoring of those facilities and appropriations, as well as to the related delegations of budget implementation powers.




  Those rules shall determine the administrative and financial consequences in the event of the dissolution of a political group. |
| Amendment 2 |
| Rule 30, paragraph 2a (new) |
| | 2a. The Bureau shall also lay down the rules relating to the provision, implementation and auditing of appropriations entered in Parliament's budget to cover secretarial expenses and administrative facilities of non-attached Members. |

CURRENT TEXT

AMENDMENTS

Amendment 1

Rule 29a (new)

Article 29a

Activities and legal situation of the political groups

The political groups shall carry out their duties as part of the activities of the Union, including the tasks allocated to them by the Rules of Procedure. The political groups shall be provided with a secretariat on the basis of the establishment plan of the Secretariat, administrative facilities and the appropriations entered for that purpose in Parliament's budget.

The Bureau shall lay down the rules relating to the provision, implementation and monitoring of those facilities and appropriations, as well as to the related delegations of budget implementation powers.

Those rules shall determine the administrative and financial consequences in the event of the dissolution of a political group.

Amendment 2

Rule 30, paragraph 2a (new)

2a. The Bureau shall also lay down the rules relating to the provision, implementation and auditing of appropriations entered in Parliament's budget to cover secretarial expenses and administrative facilities of non-attached Members.

P5_TA(2003)0390

SAB 4/2003

European Parliament resolution on Draft Amending Budget No 4/2003 of the European Union for the financial year 2003, Section III — Commission (10620/2003 — C5-0339/2003 — 2003/2113(BUD))

The European Parliament,

| — | having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty, |
| --- | --- |

—

having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

| — | having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) and particularly Articles 37 and 38 thereof, |
| --- | --- |

—

having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) and particularly Articles 37 and 38 thereof,

| — | having regard to the general budget of the European Union for the financial year 2003, as finally adopted on 19 December 2002 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2003, as finally adopted on 19 December 2002 (2),

| — | having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (3), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (3),

| — | having regard to preliminary Draft Amending Budget No 4/2003 of the European Union for the financial year 2003, which the Commission presented on 28 May 2003 (SEC(2003) 626), |
| --- | --- |

—

having regard to preliminary Draft Amending Budget No 4/2003 of the European Union for the financial year 2003, which the Commission presented on 28 May 2003 (SEC(2003) 626),

| — | having regard to Draft Amending Budget No 4/2003 of the European Union for the financial year 2003, which the Council established on 15 July 2003 (10620/2003 — C5-0339/2003), |
| --- | --- |

—

having regard to Draft Amending Budget No 4/2003 of the European Union for the financial year 2003, which the Council established on 15 July 2003 (10620/2003 — C5-0339/2003),

| — | having regard to Rule 92 of and Annex IV to its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 92 of and Annex IV to its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A5-0285/2003), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A5-0285/2003),

| A. | whereas Draft Amending Budget No 4/2003 relates to the revenue side of the budget and comprises a number of elements affecting the level of contributions from Member States to the Community's own resources, |
| --- | --- |

A.

whereas Draft Amending Budget No 4/2003 relates to the revenue side of the budget and comprises a number of elements affecting the level of contributions from Member States to the Community's own resources,

| B. | whereas these elements relate to the annual revision of the forecasts for Customs Duties, VAT bases, GNI bases and a technical re-calculation of the contributions necessary to finance the UK rebate, |
| --- | --- |

B.

whereas these elements relate to the annual revision of the forecasts for Customs Duties, VAT bases, GNI bases and a technical re-calculation of the contributions necessary to finance the UK rebate,

| C. | whereas this Amending Budget also takes into account the repayment of the surplus from the Guarantee Fund for External Measures from 2002 and enters this as a revenue item in 2003, |
| --- | --- |

C.

whereas this Amending Budget also takes into account the repayment of the surplus from the Guarantee Fund for External Measures from 2002 and enters this as a revenue item in 2003,

| 1. | Approves unamended Draft Amending Budget No 4/2003; |
| --- | --- |

1.

Approves unamended Draft Amending Budget No 4/2003;

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

2.

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

---

(1)  OJ L 248, 16.9.2002.

(2)  OJ L 54, 28.2.2003.

(3)  OJ C 172, 18.6.1999, p. 1.

P5_TA(2003)0391

The Sirene Manual (decision) *

European Parliament legislative resolution on the initiative by the Hellenic Republic on a Council Decision on procedures for amending the Sirene Manual (7180/2003 — C5-0149/2003 — 2003/0808(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative by the Hellenic Republic (7180/2003 (1)), |
| --- | --- |

—

having regard to the initiative by the Hellenic Republic (7180/2003 (1)),

| — | having regard to the initiative by the Hellenic Republic (7179/2003 (2)), |
| --- | --- |

—

having regard to the initiative by the Hellenic Republic (7179/2003 (2)),

| — | having regard to Articles 30(1)(a) and (b), 31(a) and (b) and 34(2)(c) of the EU Treaty, |
| --- | --- |

—

having regard to Articles 30(1)(a) and (b), 31(a) and (b) and 34(2)(c) of the EU Treaty,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0149/2003), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0149/2003),

| — | having regard to the Protocol integrating the Schengen ‘acquis’ into the framework of the European Union, pursuant to which the Council consulted Parliament, |
| --- | --- |

—

having regard to the Protocol integrating the Schengen ‘acquis’ into the framework of the European Union, pursuant to which the Council consulted Parliament,

| — | having regard to Rules 106 and 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 106 and 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0288/2003), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0288/2003),

| 1. | Approves the initiative by the Hellenic Republic as amended; |
| --- | --- |

1.

Approves the initiative by the Hellenic Republic as amended;

| 2. | Calls on the Council to amend the text accordingly; |
| --- | --- |

2.

Calls on the Council to amend the text accordingly;

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

3.

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

| 4. | Calls on the Council to consult Parliament again if it intends to amend the initiative by the Hellenic Republic substantially; |
| --- | --- |

4.

Calls on the Council to consult Parliament again if it intends to amend the initiative by the Hellenic Republic substantially;

| 5. | Instructs the President to forward its position to the Council and Commission, and the government of the Hellenic Republic. |
| --- | --- |

5.

Instructs the President to forward its position to the Council and Commission, and the government of the Hellenic Republic.

| TEXT PROPOSED BY THE HELLENIC REPUBLIC | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 4a (new) |
| | (4a) There is no explicit provision in the Schengen Convention for establishing Sirene offices. |
| Amendment 2 |
| Recital 4b (new) |
| | (4b) With the Amsterdam Treaty it was decided to incorporate the Schengen Agreement and its ‘acquis’ into the EU framework. The Schengen Protocol annexed to that Treaty provided for a decision of Council as to the legal basis of each part of that ‘acquis’. When that decision was taken no agreement on a legal basis for the Sirene manual could be reached and consequently the Sirene manual stayed in the third pillar without a specific legal basis. Therefore this Decision constitutes also the decision on the legal basis of the manual. |
| Amendment 3 |
| Article 2, paragraph 1 |
| 1. The Introduction,
  Part 1 and
  Part 2,
  the introduction of Part 3 and points 3.1.1, 3.1.2, 3.1.3, 3.1.4, 3.1.5, 3.1.7, 3.1.8, 3.1.9, 3.1.10 and 3.2 of Part 3,
  the introduction of Part 4 and points
  4.1.1, 4.1.2
  , 4.2, 4.3, 4.3.1, 4.3.2, 4.3.3, 4.4, 4.4.1, 4.4.2, 4.4.3, 4.5.1, 4.5.2, 4.7, 4.8
  , 4.9 and 4.10
  of Part 4, the introduction of Part 5 and points 5.1.1, 5.1.2.1, 5.1.2.3, 5.1.2.4, 5.1.2.5, 5.1.2.6, 5.1.2.7, 5.2 and 5.3 of Part 5, Annexes 1, 2, 3 and 4, the introduction and forms A, B, C, D, E, F, G, H, I, J, K, L, M and P in Annex 5 and Annex 6 of the Sirene Manual shall be amended by the Commission in accordance with the regulatory procedure referred to in Article 3. | 1. The Introduction, Part 2
  (except point 2.1.3)
  , the introduction of Part 4 and points 4.2, 4.3, 4.3.1, 4.3.2, 4.3.3, 4.4, 4.4.1, 4.4.2, 4.4.3, 4.5.1, 4.5.2, 4.7
  and
  4.8 of Part 4, the introduction of Part 5 and points 5.1.1, 5.1.2.1, 5.1.2.3, 5.1.2.4, 5.1.2.5, 5.1.2.6, 5.1.2.7, 5.2 and 5.3 of Part 5, Annexes 1, 2, 3 and 4, the introduction and forms A, B, C, D, E, F, G, H, I, J, K, L, M and P in Annex 5 and Annex 6 of the Sirene Manual shall be amended by the Commission in accordance with the regulatory procedure referred to in Article 3. |
| Amendment 4 |
| Article 3 |
| 1.
  Where reference is made to this Article, the
  Commission shall be assisted by a Regulatory Committee
  composed of the representatives of the Member States and chaired by the representative of the Commission. | 1.
  The
  Commission shall be assisted by a Regulatory Committee
  (hereinafter referred to as the ‘Committee’). |
| 2. The committee shall adopt its rules of procedure on a proposal by the chair on the basis of standard rules of procedure which have been published in the Official Journal of the European Union. | 2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC shall apply by analogy. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months. |
| 3. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a timelimit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty establishing the European Community, in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote. | 3. The committee shall adopt its Rules of Procedure. |
| 4. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee. | |
| 5. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken and shall inform the European Parliament. | |
| 6. The Council may act by qualified majority on the proposal, within two months from the date of referral to the Council.




  If within that period the Council has indicated by qualified majority that it opposes the proposal, the Commission shall re-examine it. It may submit an amended proposal to the Council, re-submit its proposal or present a legislative proposal.




  If on the expiry of that period the Council has neither adopted the proposed implementing act nor indicated its opposition to the proposal for implementing measures, the proposed implementing act shall be adopted by the Commission. | |

TEXT PROPOSED BY THE HELLENIC REPUBLIC

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital 4a (new)

(4a) There is no explicit provision in the Schengen Convention for establishing Sirene offices.

Amendment 2

Recital 4b (new)

(4b) With the Amsterdam Treaty it was decided to incorporate the Schengen Agreement and its ‘acquis’ into the EU framework. The Schengen Protocol annexed to that Treaty provided for a decision of Council as to the legal basis of each part of that ‘acquis’. When that decision was taken no agreement on a legal basis for the Sirene manual could be reached and consequently the Sirene manual stayed in the third pillar without a specific legal basis. Therefore this Decision constitutes also the decision on the legal basis of the manual.

Amendment 3

Article 2, paragraph 1

1. The Introduction,
  Part 1 and
  Part 2,
  the introduction of Part 3 and points 3.1.1, 3.1.2, 3.1.3, 3.1.4, 3.1.5, 3.1.7, 3.1.8, 3.1.9, 3.1.10 and 3.2 of Part 3,
  the introduction of Part 4 and points
  4.1.1, 4.1.2
  , 4.2, 4.3, 4.3.1, 4.3.2, 4.3.3, 4.4, 4.4.1, 4.4.2, 4.4.3, 4.5.1, 4.5.2, 4.7, 4.8
  , 4.9 and 4.10
  of Part 4, the introduction of Part 5 and points 5.1.1, 5.1.2.1, 5.1.2.3, 5.1.2.4, 5.1.2.5, 5.1.2.6, 5.1.2.7, 5.2 and 5.3 of Part 5, Annexes 1, 2, 3 and 4, the introduction and forms A, B, C, D, E, F, G, H, I, J, K, L, M and P in Annex 5 and Annex 6 of the Sirene Manual shall be amended by the Commission in accordance with the regulatory procedure referred to in Article 3.

1. The Introduction, Part 2
  (except point 2.1.3)
  , the introduction of Part 4 and points 4.2, 4.3, 4.3.1, 4.3.2, 4.3.3, 4.4, 4.4.1, 4.4.2, 4.4.3, 4.5.1, 4.5.2, 4.7
  and
  4.8 of Part 4, the introduction of Part 5 and points 5.1.1, 5.1.2.1, 5.1.2.3, 5.1.2.4, 5.1.2.5, 5.1.2.6, 5.1.2.7, 5.2 and 5.3 of Part 5, Annexes 1, 2, 3 and 4, the introduction and forms A, B, C, D, E, F, G, H, I, J, K, L, M and P in Annex 5 and Annex 6 of the Sirene Manual shall be amended by the Commission in accordance with the regulatory procedure referred to in Article 3.

Amendment 4

Article 3

1.
  Where reference is made to this Article, the
  Commission shall be assisted by a Regulatory Committee
  composed of the representatives of the Member States and chaired by the representative of the Commission.

1.
  The
  Commission shall be assisted by a Regulatory Committee
  (hereinafter referred to as the ‘Committee’).

2. The committee shall adopt its rules of procedure on a proposal by the chair on the basis of standard rules of procedure which have been published in the Official Journal of the European Union.

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC shall apply by analogy. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months.

3. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a timelimit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty establishing the European Community, in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.

3. The committee shall adopt its Rules of Procedure.

4. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.

5. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken and shall inform the European Parliament.

6. The Council may act by qualified majority on the proposal, within two months from the date of referral to the Council.

If within that period the Council has indicated by qualified majority that it opposes the proposal, the Commission shall re-examine it. It may submit an amended proposal to the Council, re-submit its proposal or present a legislative proposal.

If on the expiry of that period the Council has neither adopted the proposed implementing act nor indicated its opposition to the proposal for implementing measures, the proposed implementing act shall be adopted by the Commission.

---

(1)  OJ C 82, 5.4.2003, p. 25.

(2)  OJ C 82, 5.4.2003, p. 21.

P5_TA(2003)0392

The Sirene Manual (regulation) *

European Parliament legislative resolution on the initiative by the Hellenic Republic on a Council Regulation on procedures for amending the Sirene Manual (7179/2003 — C5-0148/2003 — 2003/0807(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative by the Hellenic Republic (7179/2003 (1)), |
| --- | --- |

—

having regard to the initiative by the Hellenic Republic (7179/2003 (1)),

| — | having regard to the initiative by the Hellenic Republic (7180/2003 (2)), |
| --- | --- |

—

having regard to the initiative by the Hellenic Republic (7180/2003 (2)),

| — | having regard to Article 66 of the Treaty establishing the European Community, |
| --- | --- |

—

having regard to Article 66 of the Treaty establishing the European Community,

| — | having regard to Article 67 of the Treaty establishing the European Community, pursuant to which the Council consulted Parliament (C5-0148/2003), |
| --- | --- |

—

having regard to Article 67 of the Treaty establishing the European Community, pursuant to which the Council consulted Parliament (C5-0148/2003),

| — | having regard to the Protocol integrating the Schengen ‘acquis’ into the framework of the European Union, pursuant to which the Council consulted Parliament, |
| --- | --- |

—

having regard to the Protocol integrating the Schengen ‘acquis’ into the framework of the European Union, pursuant to which the Council consulted Parliament,

| — | having regard to Rules 106 and 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 106 and 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0288/2003), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0288/2003),

| 1. | Approves the initiative by the Hellenic Republic as amended; |
| --- | --- |

1.

Approves the initiative by the Hellenic Republic as amended;

| 2. | Calls on the Council to amend the text accordingly; |
| --- | --- |

2.

Calls on the Council to amend the text accordingly;

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

3.

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

| 4. | Calls on the Council to consult Parliament again if it intends to amend the initiative by the Hellenic Republic substantially; |
| --- | --- |

4.

Calls on the Council to consult Parliament again if it intends to amend the initiative by the Hellenic Republic substantially;

| 5. | Instructs the President to forward its position to the Council and Commission, and the government of the Hellenic Republic. |
| --- | --- |

5.

Instructs the President to forward its position to the Council and Commission, and the government of the Hellenic Republic.

| TEXT PROPOSED BY THE HELLENIC REPUBLIC | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 5 |
| Recital 4a (new) |
| | (4a) There is no explicit provision in the Schengen Convention for establishing Sirene offices. |
| Amendment 6 |
| Recital 4b (new) |
| | (4b) With the Amsterdam Treaty it was decided to incorporate the Schengen Agreement and its ‘acquis’ into the EU framework. The Schengen Protocol annexed to that Treaty provided for a decision of Council as to the legal basis of each part of that ‘acquis’. When that decision was taken no agreement on a legal basis for the Sirene manual could be reached and consequently the Sirene manual stayed in the third pillar without a specific legal basis. Therefore this Regulation constitutes also the decision on the legal basis of the manual. |
| Amendment 7 |
| Article 2, paragraph 1 |
| 1. The Introduction,
  Part 1 and
  Part 2,
  the introduction of Part 3 and points 3.1.3, 3.1.5, 3.1.6, 3.1.8, 3.1.9 and 3.1.10 of Part 3,
  the introduction of Part 4 and points 4.3, 4.3.1, 4.3.3, 4.5.1, 4.6
  ,
  4.8
  , 4.9 and 4.10
  of Part 4, the introduction of Part 5 and points 5.1.1, 5.1.2.2, 5.2 and 5.3 of Part 5, and Annexes 1, 2 and 3, tables 3 and 4 in Annex 4, the introduction and forms C, E, G, I, J, K, L, M, N and O in Annex 5 and Annex 6 of the Sirene Manual shall be amended by the Commission in accordance with the regulatory procedure referred to in Article 3. | 1. The Introduction, Part 2
  (except point 2.1.3)
  , the introduction of Part 4 and points 4.3, 4.3.1, 4.3.3, 4.5.1, 4.6
  and
  4.8 of Part 4, the introduction of Part 5 and points 5.1.1, 5.1.2.2, 5.2 and 5.3 of Part 5, and Annexes 1, 2 and 3, tables 3 and 4 in Annex 4, the introduction and forms C, E, G, I, J, K, L, M, N and O in Annex 5 and Annex 6 of the Sirene Manual shall be amended by the Commission in accordance with the regulatory procedure referred to in Article 3. |

TEXT PROPOSED BY THE HELLENIC REPUBLIC

AMENDMENTS BY PARLIAMENT

Amendment 5

Recital 4a (new)

(4a) There is no explicit provision in the Schengen Convention for establishing Sirene offices.

Amendment 6

Recital 4b (new)

(4b) With the Amsterdam Treaty it was decided to incorporate the Schengen Agreement and its ‘acquis’ into the EU framework. The Schengen Protocol annexed to that Treaty provided for a decision of Council as to the legal basis of each part of that ‘acquis’. When that decision was taken no agreement on a legal basis for the Sirene manual could be reached and consequently the Sirene manual stayed in the third pillar without a specific legal basis. Therefore this Regulation constitutes also the decision on the legal basis of the manual.

Amendment 7

Article 2, paragraph 1

1. The Introduction,
  Part 1 and
  Part 2,
  the introduction of Part 3 and points 3.1.3, 3.1.5, 3.1.6, 3.1.8, 3.1.9 and 3.1.10 of Part 3,
  the introduction of Part 4 and points 4.3, 4.3.1, 4.3.3, 4.5.1, 4.6
  ,
  4.8
  , 4.9 and 4.10
  of Part 4, the introduction of Part 5 and points 5.1.1, 5.1.2.2, 5.2 and 5.3 of Part 5, and Annexes 1, 2 and 3, tables 3 and 4 in Annex 4, the introduction and forms C, E, G, I, J, K, L, M, N and O in Annex 5 and Annex 6 of the Sirene Manual shall be amended by the Commission in accordance with the regulatory procedure referred to in Article 3.

1. The Introduction, Part 2
  (except point 2.1.3)
  , the introduction of Part 4 and points 4.3, 4.3.1, 4.3.3, 4.5.1, 4.6
  and
  4.8 of Part 4, the introduction of Part 5 and points 5.1.1, 5.1.2.2, 5.2 and 5.3 of Part 5, and Annexes 1, 2 and 3, tables 3 and 4 in Annex 4, the introduction and forms C, E, G, I, J, K, L, M, N and O in Annex 5 and Annex 6 of the Sirene Manual shall be amended by the Commission in accordance with the regulatory procedure referred to in Article 3.

---

(1)  OJ C 82, 5.4.2003, p. 21.

(2)  OJ C 82, 5.4.2003, p. 25.

P5_TA(2003)0393

Air transport between the Community and third countries *

European Parliament legislative resolution on the proposal for a Council regulation repealing Regulation (EEC) No 3975/87 and amending Regulation (EEC) No 3976/87 and Regulation (EC) No 1/2003, in connection with air transport between the Community and third countries (COM(2003) 91 — C5-0107/2003 — 2003/0038(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 91) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 91) (1),

| — | having regard to the amended proposal for a Regulation of the European Parliament and of the Council concerning protection against subsidisation and unfair pricing practices causing injury to Community air carriers in the supply of airline services from countries not members of the European Community (COM(2003) 228) (2), |
| --- | --- |

—

having regard to the amended proposal for a Regulation of the European Parliament and of the Council concerning protection against subsidisation and unfair pricing practices causing injury to Community air carriers in the supply of airline services from countries not members of the European Community (COM(2003) 228) (2),

| — | having regard to Article 83 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0107/2003), |
| --- | --- |

—

having regard to Article 83 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0107/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0300/2003), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0300/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital -1 (new) |
| | (-1) A level playing field in the single market should be ensured for the European airline industry, given its international nature. This might also help to provide better job security for its employees. |
| Amendment 2 |
| Recital -1a (new) |
| | (-1a) There is a need for a fast and effective procedural mechanism for investigating and enforcing Community competition rules in the field of air transport between the Community and third countries similar to the existing mechanism for internal-EU routes. |
| Amendment 3 |
| Article 1 |
| Article 1




  Regulation (EEC) No 3975/87 is repealed, with the exception of Article 6(3), which shall continue to apply to decisions adopted pursuant to Article 81(3) of the Treaty prior to the date of application of Regulation (EC) No 1/2003 until the date of expiry of those decisions. | Deleted |
| Amendment 4 |
| Article 3a (new) |
| | Article 3a




  Article 39 of Regulation (EC) No 1/2003 is replaced by the following:




  Article 39




  Amendment of Regulation (EEC) No 3975/87




  Regulation (EEC) No 3975/87 is repealed, with the exception of Article 6(3), which shall continue to apply to decisions adopted pursuant to Article 81(3) of the Treaty prior to the date of application of Regulation (EC) No 1/2003 until the date of expiry of those decisions. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital -1 (new)

(-1) A level playing field in the single market should be ensured for the European airline industry, given its international nature. This might also help to provide better job security for its employees.

Amendment 2

Recital -1a (new)

(-1a) There is a need for a fast and effective procedural mechanism for investigating and enforcing Community competition rules in the field of air transport between the Community and third countries similar to the existing mechanism for internal-EU routes.

Amendment 3

Article 1

Article 1

Regulation (EEC) No 3975/87 is repealed, with the exception of Article 6(3), which shall continue to apply to decisions adopted pursuant to Article 81(3) of the Treaty prior to the date of application of Regulation (EC) No 1/2003 until the date of expiry of those decisions.

Deleted

Amendment 4

Article 3a (new)

Article 3a

Article 39 of Regulation (EC) No 1/2003 is replaced by the following:

Article 39

Amendment of Regulation (EEC) No 3975/87

Regulation (EEC) No 3975/87 is repealed, with the exception of Article 6(3), which shall continue to apply to decisions adopted pursuant to Article 81(3) of the Treaty prior to the date of application of Regulation (EC) No 1/2003 until the date of expiry of those decisions.

---

(1)  Not yet published in OJ.

(2)  Not yet published in OJ.

P5_TA(2003)0394

Safe third states *

European Parliament legislative resolution on the initiative of the Republic of Austria with a view to adopting a Council Regulation establishing the criteria for determining the States which qualify as safe third States for the purpose of taking the responsibility for examining an application for asylum lodged in a Member State by a third-country national and drawing up a list of European safe third States (14712/2002 — C5-0010/2003 — 2003/0802(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative of the Republic of Austria (14712/2002) (1), |
| --- | --- |

—

having regard to the initiative of the Republic of Austria (14712/2002) (1),

| — | having regard to Article 63 of the EC Treaty, |
| --- | --- |

—

having regard to Article 63 of the EC Treaty,

| — | having regard to Article 67 of the EC Treaty, pursuant to which the Counci consulted Parliament (C5-0010/2003), |
| --- | --- |

—

having regard to Article 67 of the EC Treaty, pursuant to which the Counci consulted Parliament (C5-0010/2003),

| — | having regard to Rules 67 and 61(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 61(4) of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0210/2003), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0210/2003),

| 1. | Rejects the initiative of the Republic of Austria; |
| --- | --- |

1.

Rejects the initiative of the Republic of Austria;

| 2. | Calls on the Council and Commission to submit to it as swiftly as possible the amended proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status (2), and to arrive at a solution to the issue of safe third States within that framework; |
| --- | --- |

2.

Calls on the Council and Commission to submit to it as swiftly as possible the amended proposal for a Council Directive on minimum standards on procedures in Member States for granting and withdrawing refugee status (2), and to arrive at a solution to the issue of safe third States within that framework;

| 3. | Calls on the Republic of Austria to withdraw its initiative; |
| --- | --- |

3.

Calls on the Republic of Austria to withdraw its initiative;

| 4. | Instructs its President to forward its position to the Council and Commission, and the government of the Republic of Austria. |
| --- | --- |

4.

Instructs its President to forward its position to the Council and Commission, and the government of the Republic of Austria.

---

(1)  OJ C 17, 24.1.2003, p. 6.

(2)  OJ C 291 E, 26.11.2002, p. 143.

P5_TA(2003)0395

Appointment of the ECB President *

European Parliament resolution on the appointment of Mr Jean-Claude Trichet as President of the European Central Bank (10893/2003 — C5-0332/2003 — 2003/0819(CNS)

(Consultation procedure)

The European Parliament,

| — | having regard to the Council's recommendation of 15 July 2003 (C5-0332/2003), |
| --- | --- |

—

having regard to the Council's recommendation of 15 July 2003 (C5-0332/2003),

| — | having regard to Article 112(2)b of the EC Treaty, |
| --- | --- |

—

having regard to Article 112(2)b of the EC Treaty,

| — | having regard to Article 50 of the Protocol on the Statute of the ESCB and of the ECB, |
| --- | --- |

—

having regard to Article 50 of the Protocol on the Statute of the ESCB and of the ECB,

| — | having regard to Rule 36 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 36 of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Economic and Monetary Affairs (A5-0307/2003), |
| --- | --- |

—

having regard to the recommendation of the Committee on Economic and Monetary Affairs (A5-0307/2003),

| A. | whereas at its meeting of 11 September 2003 the Committee on Economic and Monetary Affairs heard Mr Jean-Claude Trichet, the Council's nominee for the office of President of the European Central Bank, for a term of office of 8 years, and at the same meeting of 11 September 2003 considered the nominee's qualifications in the light of the criteria laid down by Article 112 of the EC Treaty, |
| --- | --- |

A.

whereas at its meeting of 11 September 2003 the Committee on Economic and Monetary Affairs heard Mr Jean-Claude Trichet, the Council's nominee for the office of President of the European Central Bank, for a term of office of 8 years, and at the same meeting of 11 September 2003 considered the nominee's qualifications in the light of the criteria laid down by Article 112 of the EC Treaty,

| B. | whereas the nominee has submitted a written statement and has given oral explanations in the Committee on Economic and Monetary Affairs on the 11 September 2003 for the consideration of the Parliament, |
| --- | --- |

B.

whereas the nominee has submitted a written statement and has given oral explanations in the Committee on Economic and Monetary Affairs on the 11 September 2003 for the consideration of the Parliament,

| C. | whereas the ECB has to be politically independent, whereas, however, the nomination of the candidates for the ECB Executive Board is a political act, |
| --- | --- |

C.

whereas the ECB has to be politically independent, whereas, however, the nomination of the candidates for the ECB Executive Board is a political act,

| 1. | Confirms the appointment of Mr Jean-Claude Trichet as an appropriate candidate for the office of President of the European Central Bank; |
| --- | --- |

1.

Confirms the appointment of Mr Jean-Claude Trichet as an appropriate candidate for the office of President of the European Central Bank;

| 2. | Instructs its President to forward this opinion to the President of the Council, for forwarding to the governments of the Member States. |
| --- | --- |

2.

Instructs its President to forward this opinion to the President of the Council, for forwarding to the governments of the Member States.

P5_TA(2003)0396

Employment policies in candidate countries

European Parliament resolution on the Commission's communication on ‘Progress on the implementation of the Joint Assessment Papers on employment policies in candidate countries’ (COM(2003) 37 — (2003/2105(INI))

The European Parliament,

| — | having regard to the communication from the Commission (COM(2003) 37), |
| --- | --- |

—

having regard to the communication from the Commission (COM(2003) 37),

| — | 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 Employment and Social Affairs (A5-0282/2003), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs (A5-0282/2003),

| A. | whereas the candidate countries and the Commission have reached agreement on the implementation and monitoring of employment-policy tasks in the Joint Assessment Papers, |
| --- | --- |

A.

whereas the candidate countries and the Commission have reached agreement on the implementation and monitoring of employment-policy tasks in the Joint Assessment Papers,

| B. | whereas the Guidelines for the Employment Policies of the Member States and the Conclusions of the Lisbon European Council of 23/24 March 2000 have laid the basis for measures to combat unemployment, |
| --- | --- |

B.

whereas the Guidelines for the Employment Policies of the Member States and the Conclusions of the Lisbon European Council of 23/24 March 2000 have laid the basis for measures to combat unemployment,

| C. | whereas good management implies taking account of the unique character, capacity and ability of all people and giving them the opportunity to develop together with others at a place of work; whereas work is therefore important for people's potential to develop their identity, |
| --- | --- |

C.

whereas good management implies taking account of the unique character, capacity and ability of all people and giving them the opportunity to develop together with others at a place of work; whereas work is therefore important for people's potential to develop their identity,

| D. | whereas the rapid adjustment processes required in industry, services and agriculture call for swift project-based support measures which guarantee sustainable development but also improve competitiveness, |
| --- | --- |

D.

whereas the rapid adjustment processes required in industry, services and agriculture call for swift project-based support measures which guarantee sustainable development but also improve competitiveness,

| E. | whereas the achievement of competitiveness should be based on better coordination of policies on employment, vocational training and social affairs, |
| --- | --- |

E.

whereas the achievement of competitiveness should be based on better coordination of policies on employment, vocational training and social affairs,

| 1. | Observes that the demands on the candidate countries aimed at establishing a stable employment policy call for special efforts and, on the part of the Member States of the Union, particular empathy; |
| --- | --- |

1.

Observes that the demands on the candidate countries aimed at establishing a stable employment policy call for special efforts and, on the part of the Member States of the Union, particular empathy;

| 2. | Calls on the Commission to propose measures to facilitate access to funds from the various support programmes, for example by eliminating red tape; |
| --- | --- |

2.

Calls on the Commission to propose measures to facilitate access to funds from the various support programmes, for example by eliminating red tape;

| 3. | Supports the establishment of a social security system in the candidate countries which complies with high standards and is accessible for all; calls, in this connection, for further efforts to prevent and combat illegal employment, which seriously jeopardises the financing of solidarity-based social security systems, particularly health insurance and pension schemes; |
| --- | --- |

3.

Supports the establishment of a social security system in the candidate countries which complies with high standards and is accessible for all; calls, in this connection, for further efforts to prevent and combat illegal employment, which seriously jeopardises the financing of solidarity-based social security systems, particularly health insurance and pension schemes;

| 4. | Observes that, in designing social security systems, the subsidiarity principle should apply and all persons should be guaranteed access to high-quality services, irrespective of economic, social and geographical factors; |
| --- | --- |

4.

Observes that, in designing social security systems, the subsidiarity principle should apply and all persons should be guaranteed access to high-quality services, irrespective of economic, social and geographical factors;

| 5. | Calls on the candidate countries to draw up employment strategies for particular crisis regions in order to avert further emigration and impoverishment; |
| --- | --- |

5.

Calls on the candidate countries to draw up employment strategies for particular crisis regions in order to avert further emigration and impoverishment;

| 6. | Calls on those countries in which youth unemployment stands at 20% or more to make special efforts at least to reduce it to the average level of unemployment in the European Union in order to prevent neglect and radicalisation; |
| --- | --- |

6.

Calls on those countries in which youth unemployment stands at 20% or more to make special efforts at least to reduce it to the average level of unemployment in the European Union in order to prevent neglect and radicalisation;

| 7. | Calls for a selective business location policy in the candidate countries in order to avert the tendency towards impoverishment of the population due to job losses and the associated loss of training and further training establishments; considers that it is also of great importance to foster a positive spirit of enterprise, for example through school education; |
| --- | --- |

7.

Calls for a selective business location policy in the candidate countries in order to avert the tendency towards impoverishment of the population due to job losses and the associated loss of training and further training establishments; considers that it is also of great importance to foster a positive spirit of enterprise, for example through school education;

| 8. | Calls, in the context of structural aid institutions, for the introduction of an additional aid instrument to prevent regions from becoming impoverished as a result of industrial restructuring; |
| --- | --- |

8.

Calls, in the context of structural aid institutions, for the introduction of an additional aid instrument to prevent regions from becoming impoverished as a result of industrial restructuring;

| 9. | Emphasises that the existence of a representative and autonomous social dialogue constitutes an indispensable element of the accession preparations and calls on the candidate countries to involve the social partners and NGOs closely in economic and social policy-making processes; |
| --- | --- |

9.

Emphasises that the existence of a representative and autonomous social dialogue constitutes an indispensable element of the accession preparations and calls on the candidate countries to involve the social partners and NGOs closely in economic and social policy-making processes;

| 10. | Calls for the promotion of cross-border contacts and co-operation between social partners in border regions so as to help disseminate EU social partnership models; |
| --- | --- |

10.

Calls for the promotion of cross-border contacts and co-operation between social partners in border regions so as to help disseminate EU social partnership models;

| 11. | Calls for measures to develop planned mixed-economy structures which will prevent the emergence of industrial monocultures and promote a diversified economy; points out that, in the transition to a market economy, certain fields of activity may be usefully developed by third sector enterprises (production cooperatives, for example); |
| --- | --- |

11.

Calls for measures to develop planned mixed-economy structures which will prevent the emergence of industrial monocultures and promote a diversified economy; points out that, in the transition to a market economy, certain fields of activity may be usefully developed by third sector enterprises (production cooperatives, for example);

| 12. | Recalls the fundamental precondition for the development of industrial and commercial mixed-economy structures, namely a broad and adaptable training and education strategy which facilitates lifelong learning; |
| --- | --- |

12.

Recalls the fundamental precondition for the development of industrial and commercial mixed-economy structures, namely a broad and adaptable training and education strategy which facilitates lifelong learning;

| 13. | Calls for further implementation of the ‘acquis communautaire’ in the field of health and safety at work; acknowledges the extraordinarily high costs involved in implementing the ‘acquis’ in this field; calls on the candidate countries, in order to improve living and working conditions, to submit to the Commission a realistic assessment of the difficulties associated with the practical implementation of the ‘acquis’ in the field of health and safety at work; calls on the candidate countries to reinforce their industry inspection services, particularly in performing their task of assisting undertakings with the implementation of the ‘acquis communautaire’; |
| --- | --- |

13.

Calls for further implementation of the ‘acquis communautaire’ in the field of health and safety at work; acknowledges the extraordinarily high costs involved in implementing the ‘acquis’ in this field; calls on the candidate countries, in order to improve living and working conditions, to submit to the Commission a realistic assessment of the difficulties associated with the practical implementation of the ‘acquis’ in the field of health and safety at work; calls on the candidate countries to reinforce their industry inspection services, particularly in performing their task of assisting undertakings with the implementation of the ‘acquis communautaire’;

| 14. | Calls on the Commission to give high priority to efforts to secure a good working environment in the new Member States; |
| --- | --- |

14.

Calls on the Commission to give high priority to efforts to secure a good working environment in the new Member States;

| 15. | Recalls that corporate governance is regarded as a fundamental precondition for the efficient and sustainable development of competitive businesses and that it should involve employees and employers as an essential feature of a modern management system; considers that a balanced business strategy will ensure greater respect for workers' rights and render businesses more aware of their ethical and social responsibilities; |
| --- | --- |

15.

Recalls that corporate governance is regarded as a fundamental precondition for the efficient and sustainable development of competitive businesses and that it should involve employees and employers as an essential feature of a modern management system; considers that a balanced business strategy will ensure greater respect for workers' rights and render businesses more aware of their ethical and social responsibilities;

| 16. | Calls for public funding to be made available for investment in human capital and R &D; considers that tax incentives for innovation may also be created in this connection; |
| --- | --- |

16.

Calls for public funding to be made available for investment in human capital and R &D; considers that tax incentives for innovation may also be created in this connection;

| 17. | Calls on private investors from the EU to earmark part of their investment for training and further training of their employees in order to support workers in the event of difficulties of adjustment in new deregulated labour markets; |
| --- | --- |

17.

Calls on private investors from the EU to earmark part of their investment for training and further training of their employees in order to support workers in the event of difficulties of adjustment in new deregulated labour markets;

| 18. | Considers that, in a modern employment policy, the mobility of workers must be expressed, for example, in training systems and further specialist training and a consolidated spirit of enterprise; takes the view that only a mobility policy based on this principle will make it possible to prevent the creation in an enlarged Europe of regions of emigration, which workers will be forced to leave because there is too little employment; |
| --- | --- |

18.

Considers that, in a modern employment policy, the mobility of workers must be expressed, for example, in training systems and further specialist training and a consolidated spirit of enterprise; takes the view that only a mobility policy based on this principle will make it possible to prevent the creation in an enlarged Europe of regions of emigration, which workers will be forced to leave because there is too little employment;

| 19. | Calls on the Commission to identify financial barriers to education and further education in other countries for citizens of the new Member States and to consider the establishment of further measures promoting cross-border mobility in the area of education; |
| --- | --- |

19.

Calls on the Commission to identify financial barriers to education and further education in other countries for citizens of the new Member States and to consider the establishment of further measures promoting cross-border mobility in the area of education;

| 20. | Welcomes efforts to create modern, demand-oriented labour market institutions, but calls for more to be done to establish a network of regional and local service institutions in view of the fact that there exist in the candidate countries regions which have particular weak spots; |
| --- | --- |

20.

Welcomes efforts to create modern, demand-oriented labour market institutions, but calls for more to be done to establish a network of regional and local service institutions in view of the fact that there exist in the candidate countries regions which have particular weak spots;

| 21. | Calls on the Commission not only to assess farms from the point of view of business economics but to recognise both their significance for environmental protection and landscape conservation and the relief which they will continue to afford in the social field until such time as enough alternative jobs come into existence outside farming; stresses in this context the importance of training programmes to develop the skills needed to deal with these changes and, in particular, to enable women in the farming sector to develop innovatory activities; |
| --- | --- |

21.

Calls on the Commission not only to assess farms from the point of view of business economics but to recognise both their significance for environmental protection and landscape conservation and the relief which they will continue to afford in the social field until such time as enough alternative jobs come into existence outside farming; stresses in this context the importance of training programmes to develop the skills needed to deal with these changes and, in particular, to enable women in the farming sector to develop innovatory activities;

| 22. | Considers that privatisation must not be allowed to result in the destruction of services of general economic interest; calls on the Commission, in accordance with the subsidiarity principle, to respect the role of national, regional and local authorities, which must ensure the well-being of their citizens and guarantee opportunities to make democratic choices; stresses the importance of the involvement of the local authorities in drawing up employment strategies geared to the specific problems of the regions affected by industrial conversion and restructuring and in revitalising the areas particularly concerned by the transformation of the agricultural sector; |
| --- | --- |

22.

Considers that privatisation must not be allowed to result in the destruction of services of general economic interest; calls on the Commission, in accordance with the subsidiarity principle, to respect the role of national, regional and local authorities, which must ensure the well-being of their citizens and guarantee opportunities to make democratic choices; stresses the importance of the involvement of the local authorities in drawing up employment strategies geared to the specific problems of the regions affected by industrial conversion and restructuring and in revitalising the areas particularly concerned by the transformation of the agricultural sector;

| 23. | Notes that there is a need for action in relation to particularly disadvantaged people (poor qualifications, age), the disabled and minorities in the form of programmes to prevent discrimination pursuant to Article 13 of the EC Treaty, and calls on the Commission to facilitate access to the funding provided for that purpose in Community programmes; |
| --- | --- |

23.

Notes that there is a need for action in relation to particularly disadvantaged people (poor qualifications, age), the disabled and minorities in the form of programmes to prevent discrimination pursuant to Article 13 of the EC Treaty, and calls on the Commission to facilitate access to the funding provided for that purpose in Community programmes;

| 24. | Stresses the role of nongovernmental organisations in providing social services for ethnic minorities and people with disabilities; stresses the fact that the candidate countries must enable the Roma minority to become increasingly involved in planning, implementing and assessing projects and specific measures to foster their integration; |
| --- | --- |

24.

Stresses the role of nongovernmental organisations in providing social services for ethnic minorities and people with disabilities; stresses the fact that the candidate countries must enable the Roma minority to become increasingly involved in planning, implementing and assessing projects and specific measures to foster their integration;

| 25. | Welcomes the national action plans to combat discrimination and improve the living conditions of minorities in the candidate countries; notes that discrimination persists and therefore calls on the candidate countries to make further efforts to approximate their legislation to EU provisions for the prevention of discrimination; |
| --- | --- |

25.

Welcomes the national action plans to combat discrimination and improve the living conditions of minorities in the candidate countries; notes that discrimination persists and therefore calls on the candidate countries to make further efforts to approximate their legislation to EU provisions for the prevention of discrimination;

| 26. | Calls for special programmes to ensure quickly and appropriately equal treatment of the disabled in employment and occupations and to increase the employment rate in stages; considers that the basis for this should be regular, complete and genuinely transparent surveys of workers with disabilities; |
| --- | --- |

26.

Calls for special programmes to ensure quickly and appropriately equal treatment of the disabled in employment and occupations and to increase the employment rate in stages; considers that the basis for this should be regular, complete and genuinely transparent surveys of workers with disabilities;

| 27. | Calls on the candidate countries to participate actively in European efforts to achieve social integration using the open coordination method; |
| --- | --- |

27.

Calls on the candidate countries to participate actively in European efforts to achieve social integration using the open coordination method;

| 28. | Calls for the development of appropriate individual measures in the respective accession states to promote equality opportunities for women and men; |
| --- | --- |

28.

Calls for the development of appropriate individual measures in the respective accession states to promote equality opportunities for women and men;

| 29. | Calls for employment measures and practices based on equal status for both sexes (equal pay for equal work) and practical measures (as provided for in Article 141 of the Treaty) to improve women's access to education, vocational training and employment, improve the position of women and men on the labour market, make it possible to combine family and working life and prevent discrimination; |
| --- | --- |

29.

Calls for employment measures and practices based on equal status for both sexes (equal pay for equal work) and practical measures (as provided for in Article 141 of the Treaty) to improve women's access to education, vocational training and employment, improve the position of women and men on the labour market, make it possible to combine family and working life and prevent discrimination;

| 30. | Instructs its President to forward this resolution to the Council, the Commission, the European social partners and the parliaments of the Member States and candidate countries. |
| --- | --- |

30.

Instructs its President to forward this resolution to the Council, the Commission, the European social partners and the parliaments of the Member States and candidate countries.

P5_TA(2003)0397

Security of natural gas supply ***I

European Parliament legislative resolution on the proposal for a directive of the European Parliament and the Council concerning measures to safeguard security of natural gas supply (COM(2002) 488 — C5-0449/2002 — 2002/0220(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 488) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 488) (1),

| — | having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0449/2002), |
| --- | --- |

—

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0449/2002),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinions of the Committee on Economic and Monetary Affairs and the Committee on the Environment, Public Health and Consumer Policy (A5-0295/2003), |
| --- | --- |

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinions of the Committee on Economic and Monetary Affairs and the Committee on the Environment, Public Health and Consumer Policy (A5-0295/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Insists on the appropriateness of the legal base proposed by the Commission and asks for the matter to be referred to it again, should the Council intend to amend the legal base; |
| --- | --- |

3.

Insists on the appropriateness of the legal base proposed by the Commission and asks for the matter to be referred to it again, should the Council intend to amend the legal base;

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

4.

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

---

(1)  OJ C 331 E, 31.12.2002, p. 262.

P5_TC1-COD(2002)0220

Position of the European Parliament adopted at first reading on 23 September 2003 with a view to the adoption of Directive 2003/.../EC of the European Parliament and of the Council concerning measures to safeguard security of natural gas supply

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

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

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

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) | Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas (5) has made very important contributions towards the creation of an internal market for gas. Directive 98/30/EC allows Member States the possibility of imposing public service obligations on natural gas undertakings, inter alia, in relation to security of supply; |
| --- | --- |

(1)

Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas (5) has made very important contributions towards the creation of an internal market for gas. Directive 98/30/EC allows Member States the possibility of imposing public service obligations on natural gas undertakings, inter alia, in relation to security of supply;

| (2) | The European Council at Barcelona agreed on a rapid adoption of the pending proposals for completion of the internal market for gas and electricity. Completion of the internal market for gas will significantly change the market framework and must be supplemented with common rules concerning security of supply and the appropriate policies required in this respect; |
| --- | --- |

(2)

The European Council at Barcelona agreed on a rapid adoption of the pending proposals for completion of the internal market for gas and electricity. Completion of the internal market for gas will significantly change the market framework and must be supplemented with common rules concerning security of supply and the appropriate policies required in this respect;

| (3) | The guarantee of a high level of security of supply is therefore a key condition for the successful operation of the internal gas market. With a view to completing the internal market for gas and thereby ensuring a level playing field, a minimum common approach to supply security is necessary throughout the Community in order to avoid market distortions; |
| --- | --- |

(3)

The guarantee of a high level of security of supply is therefore a key condition for the successful operation of the internal gas market. With a view to completing the internal market for gas and thereby ensuring a level playing field, a minimum common approach to supply security is necessary throughout the Community in order to avoid market distortions;

| (4) | Gas is becoming an increasingly important component in EU energy supply. In view of the increased importance of gas, ensuring the proper functioning of the single EU natural gas market by safeguarding security of gas supply also becomes of higher strategic importance; |
| --- | --- |

(4)

Gas is becoming an increasingly important component in EU energy supply. In view of the increased importance of gas, ensuring the proper functioning of the single EU natural gas market by safeguarding security of gas supply also becomes of higher strategic importance;

| (5) | A competitive single EU gas market necessitates transparent and non-discriminatory security of supply policies compatible with the requirements of such a market. Definition of clear roles and responsibilities of all market actors is therefore crucial in safeguarding the proper functioning of the internal market and security of gas supply while at the same time avoiding creating obstacles to new entry or significant difficulties for companies with small market shares; |
| --- | --- |

(5)

A competitive single EU gas market necessitates transparent and non-discriminatory security of supply policies compatible with the requirements of such a market. Definition of clear roles and responsibilities of all market actors is therefore crucial in safeguarding the proper functioning of the internal market and security of gas supply while at the same time avoiding creating obstacles to new entry or significant difficulties for companies with small market shares;

| (6) | As indicated by the Green Paper ‘Towards a European strategy for the security of energy supply’, the European Union
  will
  in the longer
  term become
  increasingly dependent on gas imported from non-EU sources of supply
  . The European Union's dependence on natural gas imports could, according to the Commission, reach a level of 75 % by 2020. With a further rise in dependency on natural gas imports, the risk of an insecure natural gas supply will also increase
  ; |
| --- | --- |

(6)

As indicated by the Green Paper ‘Towards a European strategy for the security of energy supply’, the European Union
  will
  in the longer
  term become
  increasingly dependent on gas imported from non-EU sources of supply
  . The European Union's dependence on natural gas imports could, according to the Commission, reach a level of 75 % by 2020. With a further rise in dependency on natural gas imports, the risk of an insecure natural gas supply will also increase
  ;

| (7) | As is indicated in the Commission communication on alternative fuels for road transportation, natural gas is one of the three medium-term options for the replacement of petroleum-based motor vehicle fuels; |
| --- | --- |

(7)

As is indicated in the Commission communication on alternative fuels for road transportation, natural gas is one of the three medium-term options for the replacement of petroleum-based motor vehicle fuels;

| (8) | In order to meet growing demand for gas and diversify gas supplies as a condition for a competitive internal market for gas, the EU will need to mobilise significant additional volumes of gas over the coming decades, much of which will have to come from distant sources and be transported over long distances; |
| --- | --- |

(8)

In order to meet growing demand for gas and diversify gas supplies as a condition for a competitive internal market for gas, the EU will need to mobilise significant additional volumes of gas over the coming decades, much of which will have to come from distant sources and be transported over long distances;

| (9) | The European Union has a strong common interest with gas supplying and transit countries in ensuring continued investments in gas supply infrastructure
  . At the same time, the problem of dependence on natural gas imports must not be neglected. Dependency carries risks arising from political instability in the producer countries, which could endanger security of gas supply
  ; |
| --- | --- |

(9)

The European Union has a strong common interest with gas supplying and transit countries in ensuring continued investments in gas supply infrastructure
  . At the same time, the problem of dependence on natural gas imports must not be neglected. Dependency carries risks arising from political instability in the producer countries, which could endanger security of gas supply
  ;

| (10) | Long-term contracts have played a very important role in securing gas supplies for Europe and will continue to do so. Whilst the current level of long-term contracts is more than satisfactory on the Community level, it is believed that such contracts will continue to make a significant contribution to overall gas supplies as companies continue to include such contracts in their overall supply portfolio and it is appropriate to provide a safety net in this respect; |
| --- | --- |

(10)

Long-term contracts have played a very important role in securing gas supplies for Europe and will continue to do so. Whilst the current level of long-term contracts is more than satisfactory on the Community level, it is believed that such contracts will continue to make a significant contribution to overall gas supplies as companies continue to include such contracts in their overall supply portfolio and it is appropriate to provide a safety net in this respect;

| (11) | The development of liquid gas supplies in the internal market plays an important role in enabling the internal gas market to function properly and competitively. Considerable progress has been made in developing liquid trading platforms and through gas release programmes at national level. This trend is expected to continue. Nonetheless, it is appropriate to provide for a safety net in this respect; |
| --- | --- |

(11)

The development of liquid gas supplies in the internal market plays an important role in enabling the internal gas market to function properly and competitively. Considerable progress has been made in developing liquid trading platforms and through gas release programmes at national level. This trend is expected to continue. Nonetheless, it is appropriate to provide for a safety net in this respect;

| (12) | It is important that Member States lay down an unambiguous framework which will facilitate security of supply and is conducive to investments in gas supply infrastructure. It is important to monitor that appropriate measures are taken to ensure regulatory and fiscal frameworks for exploration and production, storage and transport of natural gas which provide appropriate incentives for investment; |
| --- | --- |

(12)

It is important that Member States lay down an unambiguous framework which will facilitate security of supply and is conducive to investments in gas supply infrastructure. It is important to monitor that appropriate measures are taken to ensure regulatory and fiscal frameworks for exploration and production, storage and transport of natural gas which provide appropriate incentives for investment;

| (13) | Domestic gas resources and measures
  , such as feed-in of biogas,
  designed to extend their availability in a non-discriminatory manner that is compatible with the requirements of a competitive single market for natural gas and with the competition rules, contribute to enhancing the level of security of supply in the internal gas market; |
| --- | --- |

(13)

Domestic gas resources and measures
  , such as feed-in of biogas,
  designed to extend their availability in a non-discriminatory manner that is compatible with the requirements of a competitive single market for natural gas and with the competition rules, contribute to enhancing the level of security of supply in the internal gas market;

| (14) | In the interest of a well functioning internal market for gas to which secure gas supplies are crucial, the supply/demand balance in individual Member States should be monitored and appropriate action taken if security of supply is compromised on a Community level; |
| --- | --- |

(14)

In the interest of a well functioning internal market for gas to which secure gas supplies are crucial, the supply/demand balance in individual Member States should be monitored and appropriate action taken if security of supply is compromised on a Community level;

| (15) | To ensure the proper functioning of the internal market for gas and security of supply, solidarity between Member States in emergency supply situations is essential; |
| --- | --- |

(15)

To ensure the proper functioning of the internal market for gas and security of supply, solidarity between Member States in emergency supply situations is essential;

| (16) | It is inherent to the creation and development of an internal market that Member States become increasingly interdependent regarding security of supply issues. Failure to adopt adequate measures in one Member State can have serious consequences regarding the operation of the internal market throughout the Community. It is therefore essential, in order to ensure the proper functioning of the internal market, to provide for a minimum level of harmonisation regarding security of gas supply policies in each Member State; |
| --- | --- |

(16)

It is inherent to the creation and development of an internal market that Member States become increasingly interdependent regarding security of supply issues. Failure to adopt adequate measures in one Member State can have serious consequences regarding the operation of the internal market throughout the Community. It is therefore essential, in order to ensure the proper functioning of the internal market, to provide for a minimum level of harmonisation regarding security of gas supply policies in each Member State;

| (17) | In the event of extraordinary gas supply situations, the Commission shall take appropriate action commensurate with the gravity of the supply situation to ensure that the necessary measures to provide specific assistance to those Member States particularly affected by the gas supply disruption are implemented in order to safeguard, as far as possible, the continued functioning of the internal market for gas; |
| --- | --- |

(17)

In the event of extraordinary gas supply situations, the Commission shall take appropriate action commensurate with the gravity of the supply situation to ensure that the necessary measures to provide specific assistance to those Member States particularly affected by the gas supply disruption are implemented in order to safeguard, as far as possible, the continued functioning of the internal market for gas;

| (18) | With a view to assisting in preparing and implementing Community legislation in the field of safety and security of gas supply, to monitoring its application and assisting in evaluating the effectiveness of the measures in force as well as to better monitor the development of security of gas supply, a European Observation System of hydrocarbons should be established within the services of the Commission; |
| --- | --- |

(18)

With a view to assisting in preparing and implementing Community legislation in the field of safety and security of gas supply, to monitoring its application and assisting in evaluating the effectiveness of the measures in force as well as to better monitor the development of security of gas supply, a European Observation System of hydrocarbons should be established within the services of the Commission;

| (19) | The necessary measures for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission
   (6)
  ; |
| --- | --- |

(19)

The necessary measures for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission
   (6)
  ;

| (20) | Since the objective of the proposed action, namely the creation of a fully operational internal gas market, based on fair competition and secure natural gas supplies, cannot be sufficiently achieved by the Member States acting individually, and can therefore by reason of the scale and effects of the action 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 that Article, this Directive does not go beyond what is necessary to achieve that objective, |
| --- | --- |

(20)

Since the objective of the proposed action, namely the creation of a fully operational internal gas market, based on fair competition and secure natural gas supplies, cannot be sufficiently achieved by the Member States acting individually, and can therefore by reason of the scale and effects of the action 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 that Article, this Directive does not go beyond what is necessary to achieve that objective,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

This Directive establishes measures aimed
  at safeguarding
  security of natural gas supply. It establishes a common framework within which Member States shall define general, transparent and non-discriminatory security of supply policies
  , where security of gas supply cannot be guaranteed (or cannot be guaranteed in good time or adequately) by market economy means
  .

Article 2

For the purpose of this Directive:

| 1. | ‘source of gas supply’ shall mean gas supply originating from one single gas supply country; |
| --- | --- |

1.

‘source of gas supply’ shall mean gas supply originating from one single gas supply country;

| 2. | ‘long-term contract’ shall
  generally
  mean a gas supply contract with a duration of
  15 or more years
  ; |
| --- | --- |

2.

‘long-term contract’ shall
  generally
  mean a gas supply contract with a duration of
  15 or more years
  ;

| 3. | ‘vulnerable customers’ shall mean private households and other end users who are not able to switch to other fuels at short notice. |
| --- | --- |

3.

‘vulnerable customers’ shall mean private households and other end users who are not able to switch to other fuels at short notice.

Article 3

1.   Member States shall
  take measures
  to define the general policies for security of supply
  , in the light of their particular national circumstances. These should as far as possible be compatible with a functional internal market in natural gas. Provided the requirements of this Directive are met, the exact content of supply security policy and the way in which this policy is determined shall be treated in accordance with the subsidiarity principle.

2.   The
  measures to
  ensure security of
  supply shall be in
  accordance with paragraph 3 of this Article and with Article 4. These measures shall
  be implemented in a non- discriminatory and transparent way and shall be published.

3.   In
  determining their measures referred
  to in paragraph 1, Member States shall take the utmost account of:

| a) | the importance of ensuring continuity of gas supplies under
  objectively
  severe conditions
  for household customers as defined in Article 2(25) of Directive 2003/55/EC (7)

  ; |
| --- | --- |

a)

the importance of ensuring continuity of gas supplies under
  objectively
  severe conditions
  for household customers as defined in Article 2(25) of Directive 2003/55/EC (7)

  ;

| b) | the
  need to
  create incentives for new gas supplies from internal and external sources to the single European gas market or, where appropriate, to ensure adequate levels of gas storage or alternative back-up fuels
  ; |
| --- | --- |

b)

the
  need to
  create incentives for new gas supplies from internal and external sources to the single European gas market or, where appropriate, to ensure adequate levels of gas storage or alternative back-up fuels
  ;

| c) | the
  risk of the most serious system failure or of disruption of the largest
  natural gas
  supply source and the cost of mitigating such supply disruption; |
| --- | --- |

c)

the
  risk of the most serious system failure or of disruption of the largest
  natural gas
  supply source and the cost of mitigating such supply disruption;

| d) | the internal market and the possibilities for cross-border cooperation in relation to security of gas supply; |
| --- | --- |

d)

the internal market and the possibilities for cross-border cooperation in relation to security of gas supply;

| e) | the importance of long-term contracts and their flexibility. |
| --- | --- |

e)

the importance of long-term contracts and their flexibility.

4.   
  Each Member State shall implement its
  security of supply
  policy
  in a non-discriminatory manner
  which must not
  hamper the entrance of new market participants.

Article 4

1.   In order to fulfil the security of supply
  policies referred
  to in Article 3, Member States shall take the necessary measures to ensure
  as far as possible
  that security of supply can be maintained to
  vulnerable customers in the light of their national circumstances. The Member States shall notify the Commission of the measures taken.

2.   
  To that end
  , Member States may use a combination of at least the following instruments:

| a) | interruptible customers |
| --- | --- |

a)

interruptible customers

| b) | gas storage |
| --- | --- |

b)

gas storage

| c) | supply flexibility |
| --- | --- |

c)

supply flexibility

| d) | spot markets |
| --- | --- |

d)

spot markets

| e) | diversification of gas supply sources, including the use of biogas. |
| --- | --- |

e)

diversification of gas supply sources, including the use of biogas.

Article 5

1.   
  Member
  States
  shall draw up and publish annually a report
  pursuant to
  Article 5
  of Directive 2003/55/EC, which they shall forward to the Commission
  .

2.   
  Partly on the basis of the reports of the Member States, the Commission shall submit a report pursuant to Article 31 of Directive 2003/55/EC.

Article 6

The
  Commission shall, no later than ... (8)
  , submit a review report to the European Parliament and the Council on the experience gained from the application of
  the Directive
  , so as to allow the European Parliament and the Council to consider, in due course, the need to adjust it.

Article 7

With a view to
  increasing the security of supply
  of natural gas, Member States shall take appropriate measures to ensure non-discriminatory authorisation procedures for building
  natural gas pipelines,
  storage
  facilities
  and LNG facilities and
  shall
  remove any obstacles
  to the
  building
  of
  such facilities. These procedures shall apply equally to EU natural gas undertakings as to non-EU gas suppliers.

Article 8

Where, as a result of

| — | interruptions of supplies along individual transport routes, or |
| --- | --- |

—

interruptions of supplies along individual transport routes, or

| — | a halt to supplies from an entire natural gas-producing country or countries, |
| --- | --- |

—

a halt to supplies from an entire natural gas-producing country or countries,

an extraordinary situation arises which cannot be handled by the market participants and the Member States, even in cooperation with other market participants or Member States, the Member States affected may notify this to the Commission. In such cases, the Commission may hold consultations with the Member States and undertakings, take other appropriate measures and, where necessary, by a decision adopted in accordance with the procedure referred to in Article 9(2), require the Member States to take special measures in order to support those Member States which are affected by the interruption of gas supply.

This decision must guarantee the payment of reimbursement or compensation geared to current market rates.

Article 9

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

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

The period provided for in Article 5(6) of Decision 1999/468/EC shall be one week.

3.   The Committee shall establish its internal
  rules
  .

Article 10

The Commission
  shall monitor
  the manner in which Member States implement this Directive, and in particular the compatibility of the measures taken with regard to
  Article 4. In
  the light of the results of this monitoring, the Commission shall, if necessary, no later than ... (9) present proposals regarding further measures to
  enhance security of supply
  .

Where appropriate, the Commission shall issue recommendations or make appropriate proposals.

Article 11

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive
  no later than ... (10)

  . They shall forthwith inform the Commission thereof.

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

Article 12

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

Article 13

1.   This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C331 E, 31.12.2002, p 262
  .

1

331 E, 31.12.2002, p 262

(2)  OJ C133, 6.6.2003, p. 16
  .

2

133, 6.6.2003, p. 16

(3)  OJ C ...

3

(4)  Position of the European Parliament of 23 September 2003.

4

(5)  OJ L 204, 21.7.1998, p. 1.

5

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

6

(7)  Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ L 176, 15.7.2003, p. 57).

7

(8)  Five years after the entry into force of this Directive.

8

(9)  
  Five years after the entry into force of this Directive.

9

Five years after the entry into force of this Directive.

(10)  Two years after the entry into force of this Directive.

10

ANNEX

EU STORAGE CAPACITY NATIONAL INDICATIVE TARGETS

The table below illustrates gas storage capacities in absolute as well as relative terms in relation to consumption.

Storage capacities at 1 January 2001.

| | Working Volume (BCM) | In % of 2000 Demand | Withdrawal capacity (million m3/day) | 2010 Target BCM Storage | 2010 Target (percentage) | 2010 Target Withdrawal capacity (million m3/day) |
| --- | --- | --- | --- | --- | --- | --- |
| Austria | 2,295 | 31,6 | 24 | | | |
| Belgium | 0,675 | 4,2 | 19 | | | |
| Denmark | 0,810 | 17,6 | 25 | | | |
| France | 11,1 | 26,2 | 180 | | | |
| Finland | 0,0 | 0,0 | 0 | | | |
| Germany | 18,556 | 22,3 | 425 | | | |
| Greece | 0,075 | 3,8 | 5 | | | |
| Ireland | 0,0 | 0,0 | 0 | | | |
| Italy | 15,1 | 22,0 | 265 | | | |
| Luxembourg | 0,0 | 0,0 | 0 | | | |
| Netherlands | 2,5 | 6,1 | 145 | | | |
| Portugal | 0,0 | 0,0 | 0 | | | |
| Spain | 1,0 | 5,5 | 8 | | | |
| Sweden | 0,0 | 0,0 | 0 | | | |
| UK | 3,577 | 3,7 | 137 | | | |
| EU-15 | 55,688 BCM | 14,2% | 1 233 million m3/day | | | |

Working Volume (BCM)

In % of 2000 Demand

Withdrawal capacity (million m3/day)

2010 Target BCM Storage

2010 Target (percentage)

2010 Target Withdrawal capacity (million m3/day)

Austria

2,295

31,6

24

Belgium

0,675

4,2

19

Denmark

0,810

17,6

25

France

11,1

26,2

180

Finland

0,0

0,0

0

Germany

18,556

22,3

425

Greece

0,075

3,8

5

Ireland

0,0

0,0

0

Italy

15,1

22,0

265

Luxembourg

0,0

0,0

0

Netherlands

2,5

6,1

145

Portugal

0,0

0,0

0

Spain

1,0

5,5

8

Sweden

0,0

0,0

0

UK

3,577

3,7

137

EU-15

55,688 BCM

14,2%

1 233 million m3/day

P5_TA(2003)0398

Community trade mark *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 40/94 on the Community trade mark (COM(2002) 767 — C5— 0009/2003 — 2002/0308(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2002) 767) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2002) 767) (1),

| — | having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C5—0009/2003), |
| --- | --- |

—

having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C5—0009/2003),

| — | 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 Legal Affairs and the Internal Market (A5-0236/2003), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0236/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

| 4. | Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament; |
| --- | --- |

4.

Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

| 5. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

5.

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

| 6. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

6.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| ARTICLE 1, POINT 1a (new)
  Article 7, paragraph 1, point (j) (Regulation (EC) No 40/94) |
| | 1a. | In Article 7(1), point (j) is replaced by the following:









  (j) | trade marks for wines and spirits which consist of or contain a geographical indication identifying wines or spirits with respect to such wines or spirits not having that origin, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’ or the like; |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

ARTICLE 1, POINT 1a (new)

Article 7, paragraph 1, point (j) (Regulation (EC) No 40/94)

1a.

(j)

trade marks for wines and spirits which consist of or contain a geographical indication identifying wines or spirits with respect to such wines or spirits not having that origin, even where the true origin of the goods is indicated or the geographical indication is used in translation or accompanied by expressions such as ‘kind’, ‘type’, ‘style’, ‘imitation’ or the like;

Amendment 2

ARTICLE 1, POINT 2

Article 7, paragraph 1, point (k) (Regulation (EC) No 40/94)

| (k) | trade marks which
  comprise or
  consist of a registered name
  , if subsequently registered as a protected geographical indication
  or a protected designation of origin pursuant to Regulation (EEC) No 2081/92, when the products covered by the trade mark do not have the right to bear the said geographical indication or designation of origin. |
| --- | --- |

(k)

trade marks which
  comprise or
  consist of a registered name
  , if subsequently registered as a protected geographical indication
  or a protected designation of origin pursuant to Regulation (EEC) No 2081/92, when the products covered by the trade mark do not have the right to bear the said geographical indication or designation of origin.

| (k) | trade marks which consist of a registered name or a protected designation of origin pursuant to Regulation (EEC) No 2081/92,
  or which comprise such a designation of origin,
  when the products covered by the trade mark do not have the right to bear the said geographical indication or designation of origin
  , if the application for registration of the trade mark is made after the date of submission to the Commission of the application for registration of the designation of origin or geographical name
  . |
| --- | --- |

(k)

trade marks which consist of a registered name or a protected designation of origin pursuant to Regulation (EEC) No 2081/92,
  or which comprise such a designation of origin,
  when the products covered by the trade mark do not have the right to bear the said geographical indication or designation of origin
  , if the application for registration of the trade mark is made after the date of submission to the Commission of the application for registration of the designation of origin or geographical name
  .

Amendment 3

ARTICLE 1, POINT 3a (new)

Article 8, paragraph 5 (Regulation (EC) No 40/94)

| 3a. | Article 8(5) is replaced by the following:



  5. Furthermore, upon opposition by the proprietor of an earlier trade mark within the meaning of paragraph 2, or of an earlier Community or geographical indication, the trade mark applied for shall not be registered where it is identical with or similar to the earlier trade mark or geographical indication and is to be registered for goods or services which are not similar to those for which the earlier trade mark or geographical indication is registered, where, in the case of an earlier Community trade mark or geographical indication, the trade mark or geographical indication has a reputation in the Community and, in the case of an earlier national trade mark, the trade mark has a reputation in the Member State concerned and where the use without due cause of the trade mark applied for would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark or geographical indication
  . |
| --- | --- |

3a.

5. Furthermore, upon opposition by the proprietor of an earlier trade mark within the meaning of paragraph 2, or of an earlier Community or geographical indication, the trade mark applied for shall not be registered where it is identical with or similar to the earlier trade mark or geographical indication and is to be registered for goods or services which are not similar to those for which the earlier trade mark or geographical indication is registered, where, in the case of an earlier Community trade mark or geographical indication, the trade mark or geographical indication has a reputation in the Community and, in the case of an earlier national trade mark, the trade mark has a reputation in the Member State concerned and where the use without due cause of the trade mark applied for would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark or geographical indication
  .

Amendment 4

ARTICLE 1, POINT 19

Article 60, title (Regulation (EC) No 40/94)

Revision of decisions in ex parte cases

Preliminary appeal decision

Amendment 5

ARTICLE 1, POINT 21

Article 77a (Regulation (EC) No 40/94)

Where the Office has taken a decision or made an entry in the Register which affects the rights of one party, and when that decision or entry contains an obvious material error which does not comply with the Regulation, the Office may revoke that decision or entry if such revocation is needed to correct the error and restore legality
  , if the rights of the party or parties harmed by the revocation are not greater than the interests of the party or parties affected positively by the revocation, and if rectifying the error is more in the public interest than not doing so
  . Such a revocation
  is not permissible unless it is declared
  within six months of the date on which the decision or entry to be revoked was taken.

Where the Office has taken a decision or made an entry in the Register which affects the rights of one party, and when that decision or entry contains an obvious material error which does not comply with the Regulation, the Office may revoke that decision or entry if such revocation is needed to correct the error and restore legality. Such a revocation
  may take place
  within six months of the date on which the decision or entry to be revoked was taken
  , and shall not take place unless it serves the public interest and does not harm those interests of the parties worthy of protection
  .

Amendment 6

ARTICLE 1, POINT 32

Article 127, paragraph 2 (Regulation (EC) No 40/94)

2. The decisions of the Opposition Divisions shall be taken by three-member groups of which at least one member is legally qualified. In certain specific cases provided for in the Implementing Regulation, the decisions shall be taken by a single member.
  In any event, the decisions taken by a single member must relate to simple cases.

2. The decisions of the Opposition Divisions shall be taken by three-member groups of which at least one member is legally qualified. In certain specific cases provided for in the Implementing Regulation, the decisions shall be taken by a single member.

Amendment 7

ARTICLE 1, POINT 33

Article 129, paragraph 2 (Regulation (EC) No 40/94)

2. The decisions of the Cancellation Divisions shall be taken by three-member groups of which at least one member is legally qualified. In certain specific cases provided for by the Implementing Regulation, the decisions shall be taken by a single member.
  In any event, the decisions taken by a single member must relate to simple cases.

2. The decisions of the Cancellation Divisions shall be taken by three-member groups of which at least one member is legally qualified. In certain specific cases provided for by the Implementing Regulation, the decisions shall be taken by a single member.

Amendment 8

ARTICLE 1, POINT 34

Article 130 (Regulation (EC) No 40/94)

34. Article 130 is amended as follows:

| 34. | Article 130 is amended as follows:








  (-1) | The title and paragraph 1 are replaced by the following:



  The OHIM Administrative Tribunal




  1. Within the Office an Administrative Tribunal shall operate, composed of several boards of appeal competent to take decisions on appeals lodged against decisions by examiners, Opposition Divisions, the Administration of Trade Marks and Legal Division or Cancellation Divisions. The Tribunal shall be presided by a Chairman. |
| --- | --- | --- |

34.

Article 130 is amended as follows:

(-1)

The OHIM Administrative Tribunal

1. Within the Office an Administrative Tribunal shall operate, composed of several boards of appeal competent to take decisions on appeals lodged against decisions by examiners, Opposition Divisions, the Administration of Trade Marks and Legal Division or Cancellation Divisions. The Tribunal shall be presided by a Chairman.

| (1) | Paragraph 2 is replaced by the following:
  2. Decisions of the Boards of Appeal shall be taken by three-members, at least two of whom are legally qualified.
  In certain specific cases, decisions shall be taken by an enlarged Board presided by the Chairman of the Boards of Appeal, or by a single member
  . |
| --- | --- |

(1)

Paragraph 2 is replaced by the following:

2. Decisions of the Boards of Appeal shall be taken by three-members, at least two of whom are legally qualified.
  In certain specific cases, decisions shall be taken by an enlarged Board presided by the Chairman of the Boards of Appeal, or by a single member
  .

| (1) | Paragraph 2 is replaced by the following:
  2. Decisions of the Boards of Appeal shall be taken by three members, at least two of whom are legally qualified. |
| --- | --- |

(1)

Paragraph 2 is replaced by the following:

2. Decisions of the Boards of Appeal shall be taken by three members, at least two of whom are legally qualified.

| (2) | A new paragraph 3 is added:
  3.
  Decisions taken by the enlarged Board shall lay down the guidelines to be followed by the Boards of Appeal for similar cases. In order to determine the special cases which fall under the jurisdiction of the enlarged Board, account should be taken of the legal difficulty or the importance of the affair or of special circumstances which justify it. The composition of the enlarged Board shall be defined pursuant to the rules of procedure of the Boards laid down in Article 140(3)
  . |
| --- | --- |

(2)

A new paragraph 3 is added:

3.
  Decisions taken by the enlarged Board shall lay down the guidelines to be followed by the Boards of Appeal for similar cases. In order to determine the special cases which fall under the jurisdiction of the enlarged Board, account should be taken of the legal difficulty or the importance of the affair or of special circumstances which justify it. The composition of the enlarged Board shall be defined pursuant to the rules of procedure of the Boards laid down in Article 140(3)
  .

| (2) | A new paragraph 3 is added:


  3. In certain specific cases provided for in the rules of procedure laid down in Article 140(3), decisions may be taken by a single member
  . |
| --- | --- |

(2)

A new paragraph 3 is added:

3. In certain specific cases provided for in the rules of procedure laid down in Article 140(3), decisions may be taken by a single member
  .

| (3) | A new paragraph 4 is added:


  4. To determine which specific cases fall under the authority of a single member, account should be taken of the lack of difficulty of the legal or factual matters raised, the limited importance of the individual case and the absence of other specific circumstances. It may also cover cases which raise only issues which have already been clarified by an established tenet of the Office or which belong to a series of cases on the same subject on one of which there has already been a final ruling. The decision to confer a case on one member in the cases referred to shall, after the parties concerned have been heard, be adopted unanimously by the Board handling the case. The types of cases which may fall under the jurisdiction of a single member are defined pursuant to the rules of procedure of the Boards laid down in Article 140(3). The member shall refer the case to the Board if he finds that the conditions of delegation are nor fulfilled. These measures shall be supplemented as required in accordance with the rules of procedure of the Boards laid down in Article 140(3)
  . |
| --- | --- |

(3)

A new paragraph 4 is added:

4. To determine which specific cases fall under the authority of a single member, account should be taken of the lack of difficulty of the legal or factual matters raised, the limited importance of the individual case and the absence of other specific circumstances. It may also cover cases which raise only issues which have already been clarified by an established tenet of the Office or which belong to a series of cases on the same subject on one of which there has already been a final ruling. The decision to confer a case on one member in the cases referred to shall, after the parties concerned have been heard, be adopted unanimously by the Board handling the case. The types of cases which may fall under the jurisdiction of a single member are defined pursuant to the rules of procedure of the Boards laid down in Article 140(3). The member shall refer the case to the Board if he finds that the conditions of delegation are nor fulfilled. These measures shall be supplemented as required in accordance with the rules of procedure of the Boards laid down in Article 140(3)
  .

| (3) | A new paragraph 4 is added:


  4. Likewise, the rules of procedure shall determine those instances in which decisions must be taken by the full Tribunal, composed of the Chairman of the Tribunal, the chairmen of all Boards of Appeal and the number of members of the said Boards specified in the rules of procedure
  . |
| --- | --- |

(3)

A new paragraph 4 is added:

4. Likewise, the rules of procedure shall determine those instances in which decisions must be taken by the full Tribunal, composed of the Chairman of the Tribunal, the chairmen of all Boards of Appeal and the number of members of the said Boards specified in the rules of procedure
  .

Amendment 9

ARTICLE 1, POINT 35

Article 131 (Regulation (EC) No 40/94)

| 35. | Article 131 is replaced by the following:
  Article 131


  Independence of the members of the Boards of Appeal


  1. The Chairman of the
  Boards of Appeal
  shall be appointed, in accordance with the procedure laid down in Article 120 for the appointment of the President of the Office, for a term of five years.
  Power to dismiss the Chairman of the Boards shall lie with the Council, acting on a proposal from the Administrative Board, after the President of the Office has been heard. The
  term of office
  of the Chairman of the Boards of Appeal
  may be renewed for additional five-year periods, or until retirement age if this age is reached during the new term of office. |
| --- | --- |

35.

Article 131 is replaced by the following:

Article 131

Independence of the members of the Boards of Appeal

1. The Chairman of the
  Boards of Appeal
  shall be appointed, in accordance with the procedure laid down in Article 120 for the appointment of the President of the Office, for a term of five years.
  Power to dismiss the Chairman of the Boards shall lie with the Council, acting on a proposal from the Administrative Board, after the President of the Office has been heard. The
  term of office
  of the Chairman of the Boards of Appeal
  may be renewed for additional five-year periods, or until retirement age if this age is reached during the new term of office.

| 35. | Article 131 is replaced by the following:
  Article 131


  The Chairman of the Administrative Tribunal


  1. The Chairman of the
  Administrative Tribunal
  shall be appointed, in accordance with the procedure laid down in Article 120 for the appointment of the President of the Office, for a term of five years.
  His
  term of office may be renewed for additional five-year periods, or until retirement age if this age is reached during the new term of office.
  He may be dismissed only for gross misconduct, on a decision by the Court of Justice after the case has been referred to it by the Administrative Board and the President of the Office has been heard. |
| --- | --- |

35.

Article 131 is replaced by the following:

Article 131

The Chairman of the Administrative Tribunal

1. The Chairman of the
  Administrative Tribunal
  shall be appointed, in accordance with the procedure laid down in Article 120 for the appointment of the President of the Office, for a term of five years.
  His
  term of office may be renewed for additional five-year periods, or until retirement age if this age is reached during the new term of office.
  He may be dismissed only for gross misconduct, on a decision by the Court of Justice after the case has been referred to it by the Administrative Board and the President of the Office has been heard.

The Chairman of the
  Boards of Appeal
  shall have managerial and organisational powers, principally to:

| (a) | lay down the rules and organisation of work with the Chairmen of the Boards; |
| --- | --- |

(a)

lay down the rules and organisation of work with the Chairmen of the Boards;

| (b) | allocate cases and, where appropriate, set deadlines for decision-making, on a proposal by the Chairman of the Board concerned; |
| --- | --- |

(b)

allocate cases and, where appropriate, set deadlines for decision-making, on a proposal by the Chairman of the Board concerned;

| (c) | request the President of the Office to inform the Administrative Board in the event of repeated failure to comply with the obligations set in this way. |
| --- | --- |

(c)

request the President of the Office to inform the Administrative Board in the event of repeated failure to comply with the obligations set in this way.

2.
  The Chairman of the
  Administrative Tribunal
  shall have managerial and organisational powers, principally to:

| (a) | lay down the rules and organisation of work with the Chairmen of the Boards; |
| --- | --- |

(a)

lay down the rules and organisation of work with the Chairmen of the Boards;

| (b) | allocate cases and, where appropriate, set deadlines for decision-making, on a proposal by the Chairman of the Board concerned; |
| --- | --- |

(b)

allocate cases and, where appropriate, set deadlines for decision-making, on a proposal by the Chairman of the Board concerned;

| (c) | request the President of the Office to inform the Administrative Board in the event of repeated failure
  by the Chairman and members of the Boards
  to comply with the obligations set in this way
  ; |
| --- | --- |

(c)

request the President of the Office to inform the Administrative Board in the event of repeated failure
  by the Chairman and members of the Boards
  to comply with the obligations set in this way
  ;

| (d) | forward to the President of the Office the Tribunal's expenditure requirements with a view to drawing up the relevant statement of expenditure. |
| --- | --- |

(d)

forward to the President of the Office the Tribunal's expenditure requirements with a view to drawing up the relevant statement of expenditure.

These powers shall be supplemented as required in accordance with the rules of procedure of the Boards laid down in Article 140(3).

2. The members, including the Chairmen of the Boards of Appeal, shall be appointed by the Administrative Board for a term of five years. Their term of office may be renewed for additional five-year periods, or until retirement age if that age is reached during the new term of office.

3. Any disciplinary decision against the Chairmen and members of the Boards of Appeal shall be taken by the Court of Justice after the case has been referred to it by the Administrative Board on the recommendation of the chairman of the Boards of Appeal.

4. The members of the Boards of Appeal shall be independent. In their decisions they shall not be bound by any instructions.

5. The Chairmen and members of the Boards of Appeal may not be examiners or members of the Opposition Divisions, Administration of Trade Marks and Legal Division or Cancellation Divisions
  .

These powers shall be supplemented as required in accordance with the rules of procedure of the Boards laid down in Article 140(3).

Amendment 10

ARTICLE 1, POINT 35a (new)

Article 131a (new) (Regulation (EC) No 40/94)

| 35a. | Following Article 131, a new Article 131a is inserted:



  Article 131a




  Independence of the members of the Administrative Tribunal




  1. The members, including the Chairmen of the Boards of Appeal, shall be appointed by the Administrative Board for a term of five years. Their term of office may be renewed for additional five-year periods, or until retirement age if that age is reached during the new term of office.




  2. Any disciplinary decision against the Chairmen and members of the Boards of Appeal shall be taken by the Court of Justice after the case has been referred to it by the Administrative Board on the recommendation of the Chairman of the Administrative Tribunal.




  3. The members of the Boards of Appeal shall be independent. In their decisions they shall not be bound by any instructions.




  4. The Chairmen and members of the Boards of Appeal may not be examiners or members of the Opposition Divisions, Administration of Trade Marks and Legal Division or Cancellation Divisions. |
| --- | --- |

35a.

Article 131a

Independence of the members of the Administrative Tribunal

1. The members, including the Chairmen of the Boards of Appeal, shall be appointed by the Administrative Board for a term of five years. Their term of office may be renewed for additional five-year periods, or until retirement age if that age is reached during the new term of office.

2. Any disciplinary decision against the Chairmen and members of the Boards of Appeal shall be taken by the Court of Justice after the case has been referred to it by the Administrative Board on the recommendation of the Chairman of the Administrative Tribunal.

3. The members of the Boards of Appeal shall be independent. In their decisions they shall not be bound by any instructions.

4. The Chairmen and members of the Boards of Appeal may not be examiners or members of the Opposition Divisions, Administration of Trade Marks and Legal Division or Cancellation Divisions.

---

(1)  Not yet published in OJ.

P5_TA(2003)0399

Assistance in cases of transit (removal by air) *

European Parliament legislative resolution on the initiative by the Federal Republic of Germany with a view to adopting a Council Directive on assistance in cases of transit for the purposes of removal by air (14848/2002 — C5-0011/2003 — 2003/0801(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative by the Federal Republic of Germany (14848/2002 (1)), |
| --- | --- |

—

having regard to the initiative by the Federal Republic of Germany (14848/2002 (1)),

| — | having regard to Article 63(3)(b) of the EC Treaty, |
| --- | --- |

—

having regard to Article 63(3)(b) of the EC Treaty,

| — | having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0011/2003), |
| --- | --- |

—

having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0011/2003),

| — | having regard to Rules 67 and 63 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 63 of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposal's legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposal's legal basis,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0104/2003), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0104/2003),

| — | having regard to the second report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0291/2003), |
| --- | --- |

—

having regard to the second report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0291/2003),

| 1. | Approves the initiative by the Federal Republic of Germany as amended; |
| --- | --- |

1.

Approves the initiative by the Federal Republic of Germany as amended;

| 2. | Calls on the Council to amend the text accordingly; |
| --- | --- |

2.

Calls on the Council to amend the text accordingly;

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

3.

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

| 4. | Calls on the Council to consult Parliament again if it intends to amend the initiative by the Federal Republic of Germany substantially; |
| --- | --- |

4.

Calls on the Council to consult Parliament again if it intends to amend the initiative by the Federal Republic of Germany substantially;

| 5. | Instructs its President to forward its position to the Council and Commission and to the Government of the Federal Republic of Germany. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and Commission and to the Government of the Federal Republic of Germany.

| TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 4 |
| (4) The sovereignty of the Member States — particularly with regard to the use of direct force against
  aliens
  resisting removal — are to remain unaffected. | (4) The sovereignty of the Member States — particularly with regard to the use of direct force against
  unlawfully resident third-country nationals
  resisting removal — are to remain unaffected. |
| Amendment 2 |
| Article 5, paragraph 1, point (f) |
| (f) | receiving, keeping and forwarding travel documents, particularly in the case of unescorted removals, and |

TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital 4

(4) The sovereignty of the Member States — particularly with regard to the use of direct force against
  aliens
  resisting removal — are to remain unaffected.

(4) The sovereignty of the Member States — particularly with regard to the use of direct force against
  unlawfully resident third-country nationals
  resisting removal — are to remain unaffected.

Amendment 2

Article 5, paragraph 1, point (f)

(f)

receiving, keeping and forwarding travel documents, particularly in the case of unescorted removals, and

| (f) | receiving, keeping
  secure
  and forwarding
  to the competent authorities in the State of destination
  travel documents, particularly in the case of unescorted removals, and |
| --- | --- |

(f)

receiving, keeping
  secure
  and forwarding
  to the competent authorities in the State of destination
  travel documents, particularly in the case of unescorted removals, and

Amendment 3

Article 5, paragraph 1, point (ga) (new)

| (ga) | informing the airline departing from the requested Member State. |
| --- | --- |

(ga)

Amendment 4

Article 5, paragraph 3

3. Escorts shall have no sovereign powers on the territory of the requested Member State.
  Measures taken in the context of the general rights to
  self-defence and
  to
  emergency action in accordance with the legislation of the requested Member State
  shall remain unaffected
  . Escorts shall not carry weapons during transit and shall identify themselves by means of service passports at the request of the requested Member State.

3. Escorts shall have no sovereign powers on the territory of the requested Member State.
  Escorts may take measures necessary for
  self-defence and emergency action in accordance with the legislation of the requested Member State. Escorts shall not carry weapons during transit and shall identify themselves by means of service passports at the request of the requested Member State.

Amendment 5

Article 7a (new)

Article 7a

Pursuant to Article 4 of Protocol No 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms and to Article 19 of the Charter of Fundamental Rights of the European Union, the requested Member State shall not provide assistance in connection with collective expulsions and expulsions to countries where fundamental political, social or cultural rights are not respected.

---

(1)  OJ C 4, 9.1.2003, p. 4.

P5_TA(2003)0400

Safety at sea

European Parliament resolution on improving safety at sea in response to the ‘Prestige’ accident (2003/2066(INI))

The European Parliament,

| — | having regard to the ‘Erika’ I and II packages; |
| --- | --- |

—

having regard to the ‘Erika’ I and II packages;

| — | having regard to its resolution of 21 November 2002 on the ‘Prestige’ oil tanker disaster off the coast of Galicia (1), and to its earlier resolutions on safety at sea, |
| --- | --- |

—

having regard to its resolution of 21 November 2002 on the ‘Prestige’ oil tanker disaster off the coast of Galicia (1), and to its earlier resolutions on safety at sea,

| — | having regard to its resolution of 19 December 2002 on safety at sea and measures to alleviate the effects of the ‘Prestige’ accident (2), |
| --- | --- |

—

having regard to its resolution of 19 December 2002 on safety at sea and measures to alleviate the effects of the ‘Prestige’ accident (2),

| — | having regard to the Commission communication of 3 December 2002 on improving safety at sea in response to the ‘Prestige’ accident (COM(2002) 681 — C5-0156/2003)), |
| --- | --- |

—

having regard to the Commission communication of 3 December 2002 on improving safety at sea in response to the ‘Prestige’ accident (COM(2002) 681 — C5-0156/2003)),

| — | having regard to the conclusions of the Transport Council of 6 December 2002, |
| --- | --- |

—

having regard to the conclusions of the Transport Council of 6 December 2002,

| — | having regard to the Presidency Conclusions of the Copenhagen European Council of 12 and 13 December 2002, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Copenhagen European Council of 12 and 13 December 2002,

| — | having regard to the Commission communication of 5 March 2003 on action to deal with the effects of the ‘Prestige’ disaster (COM(2003) 105), |
| --- | --- |

—

having regard to the Commission communication of 5 March 2003 on action to deal with the effects of the ‘Prestige’ disaster (COM(2003) 105),

| — | having regard to the report of the Spanish Ministry of Transport of 7 March 2003 on maritime safety and the ‘Prestige’ accident, |
| --- | --- |

—

having regard to the report of the Spanish Ministry of Transport of 7 March 2003 on maritime safety and the ‘Prestige’ accident,

| — | having regard to the Commission staff working paper of 17 March 2003 on the loss of the tanker ‘Prestige’ (SEC(2003) 351), |
| --- | --- |

—

having regard to the Commission staff working paper of 17 March 2003 on the loss of the tanker ‘Prestige’ (SEC(2003) 351),

| — | having regard to the International Association of Classification Societies (IACS) report on the ad hoc audit of American Bureau of Shipping (ABS) related to the loss of the ‘Prestige’, |
| --- | --- |

—

having regard to the International Association of Classification Societies (IACS) report on the ad hoc audit of American Bureau of Shipping (ABS) related to the loss of the ‘Prestige’,

| — | having regard to the ABS technical analyses related to the ‘Prestige’ Casualty of 28 February 2003, |
| --- | --- |

—

having regard to the ABS technical analyses related to the ‘Prestige’ Casualty of 28 February 2003,

| — | having regard to the written statement of Captain Apostolos Mangouras, Master of the ‘Prestige’, to the European Parliament (Public Hearing of 19 and 20 March 2003), |
| --- | --- |

—

having regard to the written statement of Captain Apostolos Mangouras, Master of the ‘Prestige’, to the European Parliament (Public Hearing of 19 and 20 March 2003),

| — | having regard to the statements of Mr Serafin Diaz Regueiro, Harbourmaster of La Coruña and of Mr H. van Rooij, managing director of Smit Salvage, to the European Parliament (Public Hearing of 19 and 20 March 2003), |
| --- | --- |

—

having regard to the statements of Mr Serafin Diaz Regueiro, Harbourmaster of La Coruña and of Mr H. van Rooij, managing director of Smit Salvage, to the European Parliament (Public Hearing of 19 and 20 March 2003),

| — | having regard to the report of the manager of the ‘Prestige’, Universe Maritime LTD, |
| --- | --- |

—

having regard to the report of the manager of the ‘Prestige’, Universe Maritime LTD,

| — | having regard to the conclusions of the Spring European Council of 20 and 21 March 2003, |
| --- | --- |

—

having regard to the conclusions of the Spring European Council of 20 and 21 March 2003,

| — | having regard to the decision of the International Maritime Organisation (IMO) International Conference (12-16 May 2003) on the Establishment of a Supplementary Fund for Compensation for Oil Pollution Damage, |
| --- | --- |

—

having regard to the decision of the International Maritime Organisation (IMO) International Conference (12-16 May 2003) on the Establishment of a Supplementary Fund for Compensation for Oil Pollution Damage,

| — | 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 Regional Policy, Transport and Tourism and the opinions of the Committee on Industry, External Trade, Research and Energy, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Consumer Policy and the Committee on Fisheries (A5-0278/2003), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Industry, External Trade, Research and Energy, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Consumer Policy and the Committee on Fisheries (A5-0278/2003),

| A. | Considers that this parliamentary report represents an important step towards clarifying the causes of the ‘Prestige’ accident. However, in the light of the numerous developments which have occurred recently, such as the new estimations as to the amount of fuel lost by the wreck, and the need to identify all responsibilities, parliamentary work should be updated and pursued in order to have a full picture of the causes and consequences of the accident. |
| --- | --- |

A.

Considers that this parliamentary report represents an important step towards clarifying the causes of the ‘Prestige’ accident. However, in the light of the numerous developments which have occurred recently, such as the new estimations as to the amount of fuel lost by the wreck, and the need to identify all responsibilities, parliamentary work should be updated and pursued in order to have a full picture of the causes and consequences of the accident.

| B. | whereas the sinking of the ‘Prestige’ caused serious damage to the marine environment and to the coastal areas of Spain and France and to Galicia in particular as well as to those living in those areas and to their way of life, |
| --- | --- |

B.

whereas the sinking of the ‘Prestige’ caused serious damage to the marine environment and to the coastal areas of Spain and France and to Galicia in particular as well as to those living in those areas and to their way of life,

| C. | whereas the steps taken by the Spanish local authorities, combined with the extraordinary efforts in the months following the disaster by the local population and thousands of volunteers belonging to environmentalist and other organisations, have saved the coastal areas affected from even more severe damage, |
| --- | --- |

C.

whereas the steps taken by the Spanish local authorities, combined with the extraordinary efforts in the months following the disaster by the local population and thousands of volunteers belonging to environmentalist and other organisations, have saved the coastal areas affected from even more severe damage,

| D. | whereas heavy fuel from the ‘Prestige’ continues to reach the coasts of Galicia, the northern Iberian peninsula and the French Atlantic coast, moving past Brittany and even threatening the English coastline, |
| --- | --- |

D.

whereas heavy fuel from the ‘Prestige’ continues to reach the coasts of Galicia, the northern Iberian peninsula and the French Atlantic coast, moving past Brittany and even threatening the English coastline,

| E. | whereas the first priority must be to regulate adequately for arrangements to accommodate vessels in distress and the availability and accessibility of safe havens and harbours, |
| --- | --- |

E.

whereas the first priority must be to regulate adequately for arrangements to accommodate vessels in distress and the availability and accessibility of safe havens and harbours,

| F. | whereas the real cause of the damage caused to the ‘Prestige’ will be very difficult to determine because the vessel sank in very deep water and cannot be salvaged, |
| --- | --- |

F.

whereas the real cause of the damage caused to the ‘Prestige’ will be very difficult to determine because the vessel sank in very deep water and cannot be salvaged,

| G. | whereas a large part of the cargo remains submerged with the vessel, and may present a further hazard in the longer term, |
| --- | --- |

G.

whereas a large part of the cargo remains submerged with the vessel, and may present a further hazard in the longer term,

| H. | whereas it has been established that the ‘Prestige’ was damaged on 13 November 2002 in the very area of the ballast tanks where major repairs had been made in Guanzhou (China) in 2001, only 18 months earlier; whereas, in the most recent inspection carried out in Dubai in May 2002, the insides of the above-mentioned ballast tanks were not examined by the inspectors from the classification society ABS, |
| --- | --- |

H.

whereas it has been established that the ‘Prestige’ was damaged on 13 November 2002 in the very area of the ballast tanks where major repairs had been made in Guanzhou (China) in 2001, only 18 months earlier; whereas, in the most recent inspection carried out in Dubai in May 2002, the insides of the above-mentioned ballast tanks were not examined by the inspectors from the classification society ABS,

| I. | whereas the ‘Prestige’ had been used for about one year as a floating reservoir, which meant that other vessels were constantly being docked and undocked at the same point against the vessel's side; whereas it is essential for any such hazardous use to be reported to the classification society so that it can step up its monitoring or concentrate it on any such specific risk, |
| --- | --- |

I.

whereas the ‘Prestige’ had been used for about one year as a floating reservoir, which meant that other vessels were constantly being docked and undocked at the same point against the vessel's side; whereas it is essential for any such hazardous use to be reported to the classification society so that it can step up its monitoring or concentrate it on any such specific risk,

| J. | whereas the assessment by the Spanish authorities of the vessel's condition, the expertise of its crew and the quality of the inspections the vessel had already undergone do not tally with the testimony of, in particular, the Smit salvage company, the insurers and the classification society; whereas the presence of a ‘black box’ could have helped to clarify the situation, |
| --- | --- |

J.

whereas the assessment by the Spanish authorities of the vessel's condition, the expertise of its crew and the quality of the inspections the vessel had already undergone do not tally with the testimony of, in particular, the Smit salvage company, the insurers and the classification society; whereas the presence of a ‘black box’ could have helped to clarify the situation,

| K. | whereas the time factor is always crucial in such disasters; whereas it was not possible to reach the emergency towing machinery at the back of the vessel because of the condition the vessel was in at the time, and whereas, partly because of a shortage of manpower, it took nearly twenty four hours for the ‘Prestige’ to be taken in tow by tugs, |
| --- | --- |

K.

whereas the time factor is always crucial in such disasters; whereas it was not possible to reach the emergency towing machinery at the back of the vessel because of the condition the vessel was in at the time, and whereas, partly because of a shortage of manpower, it took nearly twenty four hours for the ‘Prestige’ to be taken in tow by tugs,

| L. | whereas all concerned parties considered from the outset that the ‘Prestige’ was so badly damaged that it would not survive in a storm, |
| --- | --- |

L.

whereas all concerned parties considered from the outset that the ‘Prestige’ was so badly damaged that it would not survive in a storm,

| M. | whereas the vessel had lost only between 1 000 and 3 000 tonnes of oil when it could have been brought into a safe haven, as stated by experts at Parliament's hearing, |
| --- | --- |

M.

whereas the vessel had lost only between 1 000 and 3 000 tonnes of oil when it could have been brought into a safe haven, as stated by experts at Parliament's hearing,

| N. | whereas further spills could have been prevented in a safe haven and the means of extracting the oil spilt could have been concentrated, thereby preventing widespread pollution and the sinking of the vessel, |
| --- | --- |

N.

whereas further spills could have been prevented in a safe haven and the means of extracting the oil spilt could have been concentrated, thereby preventing widespread pollution and the sinking of the vessel,

| O. | whereas the Spanish authorities gave instructions for the battered vessel to be towed out into open waters because they were convinced that they would then have more time to combat pollution; whereas that decision in fact resulted in the eventual pollution being spread over a much wider geographical area; whereas, according to the information known, the Spanish government authorities, before deciding what to do with the ‘Prestige’, failed to carry out the inspections necessary to gauge the extent of the damage to the vessel's hull, |
| --- | --- |

O.

whereas the Spanish authorities gave instructions for the battered vessel to be towed out into open waters because they were convinced that they would then have more time to combat pollution; whereas that decision in fact resulted in the eventual pollution being spread over a much wider geographical area; whereas, according to the information known, the Spanish government authorities, before deciding what to do with the ‘Prestige’, failed to carry out the inspections necessary to gauge the extent of the damage to the vessel's hull,

| P. | whereas the decision to tow away the vessel was supported by the majority of people living in the area close to the site of the accident and by local institutions, |
| --- | --- |

P.

whereas the decision to tow away the vessel was supported by the majority of people living in the area close to the site of the accident and by local institutions,

| Q. | whereas, on the other hand, the salvage operators and captain repeatedly asked for the vessel to be brought into a safe haven or harbour, because they were convinced that they would then be in a position to contain the pollution and try to save the vessel, and whereas the Spanish authorities consistently refused to grant this request, |
| --- | --- |

Q.

whereas, on the other hand, the salvage operators and captain repeatedly asked for the vessel to be brought into a safe haven or harbour, because they were convinced that they would then be in a position to contain the pollution and try to save the vessel, and whereas the Spanish authorities consistently refused to grant this request,

| R. | whereas the analysis of what happened shows that all parties concerned in any emergency are forced, while working under severe pressure of time, faced with the risks which such situations entail for people, property and the environment and in arduous circumstances, to take decisions that can have a far-reaching economic and ecological impact; whereas, consequently, it is essential for the authorities responsible to have at their disposal a protocol for joint action, clear chains of command, contingency plans and well-equipped safe havens, |
| --- | --- |

R.

whereas the analysis of what happened shows that all parties concerned in any emergency are forced, while working under severe pressure of time, faced with the risks which such situations entail for people, property and the environment and in arduous circumstances, to take decisions that can have a far-reaching economic and ecological impact; whereas, consequently, it is essential for the authorities responsible to have at their disposal a protocol for joint action, clear chains of command, contingency plans and well-equipped safe havens,

| S. | whereas the production losses incurred by the Galician fishing industry (according to official statistics) in the first 15 weeks of 2003 stood at EUR 32 million compared with the same period in 2002, and in some ports these losses represent up to 50% of the previous year's production; whereas, moreover, catches in the whole of Galicia stand at no more than 50-60% of the previous year's catches for the same period; whereas from a biological point of view a decline has been noted in some species and in the marine habitat (algae) in which they live, |
| --- | --- |

S.

whereas the production losses incurred by the Galician fishing industry (according to official statistics) in the first 15 weeks of 2003 stood at EUR 32 million compared with the same period in 2002, and in some ports these losses represent up to 50% of the previous year's production; whereas, moreover, catches in the whole of Galicia stand at no more than 50-60% of the previous year's catches for the same period; whereas from a biological point of view a decline has been noted in some species and in the marine habitat (algae) in which they live,

| T. | whereas, according to Spanish government sources, almost 400 soldiers who took part in work to clean up the oil spilt by the ‘Prestige’ were affected by various health problems up to March 2003, while effects on the health of the population and volunteers are still under investigation and the number of cases may turn out to be still higher, |
| --- | --- |

T.

whereas, according to Spanish government sources, almost 400 soldiers who took part in work to clean up the oil spilt by the ‘Prestige’ were affected by various health problems up to March 2003, while effects on the health of the population and volunteers are still under investigation and the number of cases may turn out to be still higher,

| U. | whereas the captain of the ‘Prestige’ is required by a court decision to remain at the disposal of the Spanish judicial authorities, with the result that he was, to the European Parliament's regret, unavailable to attend the open hearing in person; whereas the IMO, regrettably, went likewise unrepresented on that occasion, |
| --- | --- |

U.

whereas the captain of the ‘Prestige’ is required by a court decision to remain at the disposal of the Spanish judicial authorities, with the result that he was, to the European Parliament's regret, unavailable to attend the open hearing in person; whereas the IMO, regrettably, went likewise unrepresented on that occasion,

| 1. | Calls on the Conference of Presidents to give favourable consideration to any request for the setting-up of a temporary committee that, after a detailed analysis, will deepen the examination of the causes and consequences of the ‘Prestige’ disaster, assess maritime safety standards more generally and compliance with EU law, seek to ensure implementation of the recommendations contained in this resolution and propose any additional measures which are found to be necessary, to avoid a repeat of the ‘Prestige’ disaster and its consequences; |
| --- | --- |

1.

Calls on the Conference of Presidents to give favourable consideration to any request for the setting-up of a temporary committee that, after a detailed analysis, will deepen the examination of the causes and consequences of the ‘Prestige’ disaster, assess maritime safety standards more generally and compliance with EU law, seek to ensure implementation of the recommendations contained in this resolution and propose any additional measures which are found to be necessary, to avoid a repeat of the ‘Prestige’ disaster and its consequences;

| 2. | Urges the Commission to inform Parliament and the general public of the latest outcome of the investigations into the causes and circumstances of the ‘Prestige’ disaster, of the plans which the Member States have adopted and put into operation in order to recover the oil contained in the wreck and put an end to the constant polluting spills, and of the financial compensation made to all injured parties, of the resumption of all economic activities adversely affected and the containment of and repair to environmental damage in the regions affected; |
| --- | --- |

2.

Urges the Commission to inform Parliament and the general public of the latest outcome of the investigations into the causes and circumstances of the ‘Prestige’ disaster, of the plans which the Member States have adopted and put into operation in order to recover the oil contained in the wreck and put an end to the constant polluting spills, and of the financial compensation made to all injured parties, of the resumption of all economic activities adversely affected and the containment of and repair to environmental damage in the regions affected;

| 3. | Expresses its admiration for the extraordinary work done in Galicia and the other countries affected by seafarers and their representative organisations and by volunteers, which was instrumental in preventing the fuel oil from entering river estuaries and in enabling the huge cleaning operation needed in the sands and rocks to be successfully completed; |
| --- | --- |

3.

Expresses its admiration for the extraordinary work done in Galicia and the other countries affected by seafarers and their representative organisations and by volunteers, which was instrumental in preventing the fuel oil from entering river estuaries and in enabling the huge cleaning operation needed in the sands and rocks to be successfully completed;

| 4. | Welcomes the fact that there was no loss of human life involved in this accident since the primary objective of the rules governing safety at sea is to safeguard human lives; |
| --- | --- |

4.

Welcomes the fact that there was no loss of human life involved in this accident since the primary objective of the rules governing safety at sea is to safeguard human lives;

| 5. | Takes the view that the priorities are, firstly, to protect the safety of people at sea since, in the event of a serious accident at sea, it must always be possible to locate and save the crew and, secondly, to safeguard their economic activity and ensure that the resource is protected; |
| --- | --- |

5.

Takes the view that the priorities are, firstly, to protect the safety of people at sea since, in the event of a serious accident at sea, it must always be possible to locate and save the crew and, secondly, to safeguard their economic activity and ensure that the resource is protected;

| 6. | Calls for the recovery of the starboard ballast tank plate lost at sea before the accident in order to analyse the quality of the steel and the welding; |
| --- | --- |

6.

Calls for the recovery of the starboard ballast tank plate lost at sea before the accident in order to analyse the quality of the steel and the welding;

| 7. | Regrets that, almost a year after the accident, the wreckage — which still contains more than 14 000 tonnes of fuel — is still leaking; is alarmed in this respect at the lack of transparency associated with the decisions and the procedure adopted to date, which have not prevented the repeated occurrence of oil spills along the Atlantic coastline; calls upon the Council, the Commission and the European Maritime Safety Agency (EMSA) to assist the Spanish authorities with all available technical resources to stop the leakage and to recover the wreck; calls on the Commission to provide regular updates on the treatment of the wreck; asks for the recovered oil to be processed and stored in a suitable protected place; in this connection, calls for a list of the places in which pollutants from previous oil spills along the EU's shores are stored, for information to be requested from the authorities concerned on the treatment of waste and the treatment systems used, and for a timetable to be drawn up for the disposal or processing of such substances, permitting incineration as a processing method only if it is done in accordance with Community legislation; |
| --- | --- |

7.

Regrets that, almost a year after the accident, the wreckage — which still contains more than 14 000 tonnes of fuel — is still leaking; is alarmed in this respect at the lack of transparency associated with the decisions and the procedure adopted to date, which have not prevented the repeated occurrence of oil spills along the Atlantic coastline; calls upon the Council, the Commission and the European Maritime Safety Agency (EMSA) to assist the Spanish authorities with all available technical resources to stop the leakage and to recover the wreck; calls on the Commission to provide regular updates on the treatment of the wreck; asks for the recovered oil to be processed and stored in a suitable protected place; in this connection, calls for a list of the places in which pollutants from previous oil spills along the EU's shores are stored, for information to be requested from the authorities concerned on the treatment of waste and the treatment systems used, and for a timetable to be drawn up for the disposal or processing of such substances, permitting incineration as a processing method only if it is done in accordance with Community legislation;

Improving maritime safety at European level

| 8. | Stresses that, with the two ‘Erika’ packages in particular, all important measures have been taken to make shipping in European waters safer, and that the rapid and complete introduction, and above all strict implementation, by Member States of the rules and regulations concerned must be the first priority; welcomes the Commission proposals to shorten the implementation deadlines; |
| --- | --- |

8.

Stresses that, with the two ‘Erika’ packages in particular, all important measures have been taken to make shipping in European waters safer, and that the rapid and complete introduction, and above all strict implementation, by Member States of the rules and regulations concerned must be the first priority; welcomes the Commission proposals to shorten the implementation deadlines;

| 9. | Notes that the ‘Prestige’ disaster has clearly shown that arrangements to accommodate vessels in distress are inadequately regulated; calls on Member States to cooperate with EMSA in ensuring timely and full compliance with national emergency planning arrangements and the designation of safe havens, with Member States in particular specifying under what circumstances they will make the use of safe havens compulsory and providing them with the resources needed to implement their respective emergency plans; |
| --- | --- |

9.

Notes that the ‘Prestige’ disaster has clearly shown that arrangements to accommodate vessels in distress are inadequately regulated; calls on Member States to cooperate with EMSA in ensuring timely and full compliance with national emergency planning arrangements and the designation of safe havens, with Member States in particular specifying under what circumstances they will make the use of safe havens compulsory and providing them with the resources needed to implement their respective emergency plans;

| 10. | Calls on the Commission to submit proposals not later than February 2004 for financial compensation for safe havens and to study the possibility of establishing a financial liability regime for ports refusing to give access to ships in distress; |
| --- | --- |

10.

Calls on the Commission to submit proposals not later than February 2004 for financial compensation for safe havens and to study the possibility of establishing a financial liability regime for ports refusing to give access to ships in distress;

| 11. | Insists that each Member State must have at its disposal a clear decision-making structure and chain of command for maritime emergencies, together with an independent authority that in turn has at its disposal the necessary judicial, financial and technical say in taking decisions having binding effect in emergencies within territorial waters and the exclusive economic zone; |
| --- | --- |

11.

Insists that each Member State must have at its disposal a clear decision-making structure and chain of command for maritime emergencies, together with an independent authority that in turn has at its disposal the necessary judicial, financial and technical say in taking decisions having binding effect in emergencies within territorial waters and the exclusive economic zone;

| 12. | Calls on the Commission to arrange for EMSA to take an inventory of the different command structures and authorities responsible in maritime emergencies (cf. the French ‘Préfecture maritime’ and the British Secretary of State's Representative), and to submit recommendations for exchanging best practice, promoting cooperation between Member States and introducing European guidelines or minimum requirements in that connection; |
| --- | --- |

12.

Calls on the Commission to arrange for EMSA to take an inventory of the different command structures and authorities responsible in maritime emergencies (cf. the French ‘Préfecture maritime’ and the British Secretary of State's Representative), and to submit recommendations for exchanging best practice, promoting cooperation between Member States and introducing European guidelines or minimum requirements in that connection;

| 13. | Considers it necessary to draw up specific emergency plans in areas where there is a large volume of shipping traffic and that the authorities of the regions concerned should have the autonomy they need to take action in the event of serious accidents; |
| --- | --- |

13.

Considers it necessary to draw up specific emergency plans in areas where there is a large volume of shipping traffic and that the authorities of the regions concerned should have the autonomy they need to take action in the event of serious accidents;

| 14. | Calls on the European Union to establish, through the offices of the Commission, a coordination and intervention structure that enables it to respond to emergencies by channelling European assistance as soon as they arise; |
| --- | --- |

14.

Calls on the European Union to establish, through the offices of the Commission, a coordination and intervention structure that enables it to respond to emergencies by channelling European assistance as soon as they arise;

| 15. | Welcomes the Commission's proposal to provide EMSA with anti-pollution vessels and associated technical equipment; |
| --- | --- |

15.

Welcomes the Commission's proposal to provide EMSA with anti-pollution vessels and associated technical equipment;

| 16. | Calls upon the Council and the Commission to initiate within the IMO the establishment of compulsory routes and traffic separation zones in ecologically sensitive and navigationally difficult areas using existing experience in the Member States, and to report back to the Parliament; |
| --- | --- |

16.

Calls upon the Council and the Commission to initiate within the IMO the establishment of compulsory routes and traffic separation zones in ecologically sensitive and navigationally difficult areas using existing experience in the Member States, and to report back to the Parliament;

| 17. | Calls upon the Commission to submit a proposal to the Council and Parliament as soon as possible to ensure that bunker oil for engine fuel in new ships is also stored in safer, double hull tanks since freight or container ships often contain heavy fuel as engine fuel in their bunkers, the quantity of which may considerably exceed the cargoes of smaller oil tankers; |
| --- | --- |

17.

Calls upon the Commission to submit a proposal to the Council and Parliament as soon as possible to ensure that bunker oil for engine fuel in new ships is also stored in safer, double hull tanks since freight or container ships often contain heavy fuel as engine fuel in their bunkers, the quantity of which may considerably exceed the cargoes of smaller oil tankers;

| 18. | Is aware that defence matters are exclusively the competence of the individual Member States, but nevertheless urges them to eliminate from their naval fleets single-hull tankers and tankers which should be withdrawn from European waters under Community legislation; |
| --- | --- |

18.

Is aware that defence matters are exclusively the competence of the individual Member States, but nevertheless urges them to eliminate from their naval fleets single-hull tankers and tankers which should be withdrawn from European waters under Community legislation;

| 19. | Calls on the Member States to monitor effectively the illegal cleaning of ships' bilges at sea, the discharges from which are one of the principal causes of pollution; |
| --- | --- |

19.

Calls on the Member States to monitor effectively the illegal cleaning of ships' bilges at sea, the discharges from which are one of the principal causes of pollution;

| 20. | Welcomes the initiative by the sector to require oil tankers to have 24-hour cover under an Emergency Response System which, in an emergency, is able to provide assistance in assessing the condition of the vessel and will ensure that the condition of the vessel is stabilised; proposes that this initiative be extended to all vessels carrying dangerous or polluting goods; |
| --- | --- |

20.

Welcomes the initiative by the sector to require oil tankers to have 24-hour cover under an Emergency Response System which, in an emergency, is able to provide assistance in assessing the condition of the vessel and will ensure that the condition of the vessel is stabilised; proposes that this initiative be extended to all vessels carrying dangerous or polluting goods;

| 21. | Notes that double-hull tankers are associated with specific safety hazards (corrosion, metal fatigue, danger of explosion, strength of walls, risks on collision); calls on the Commission to arrange for EMSA to investigate further as a matter of urgency and propose measures to minimise the risks; |
| --- | --- |

21.

Notes that double-hull tankers are associated with specific safety hazards (corrosion, metal fatigue, danger of explosion, strength of walls, risks on collision); calls on the Commission to arrange for EMSA to investigate further as a matter of urgency and propose measures to minimise the risks;

| 22. | Requests, likewise, that the EU promote the building of double-hull vessels in European shipyards, especially, if possible and as a compensatory measure, in those regions most affected by accidents caused by the transport of dangerous cargo by sea; |
| --- | --- |

22.

Requests, likewise, that the EU promote the building of double-hull vessels in European shipyards, especially, if possible and as a compensatory measure, in those regions most affected by accidents caused by the transport of dangerous cargo by sea;

| 23. | Calls on Member States to control and monitor closely the traffic of vessels carrying dangerous and polluting goods, within 200 miles of their coastline; is, however, concerned at decisions by a number of Member States to ban such vessels from the 200-mile zone off their coasts; fears that such vessels would then be forced to navigate at too great a distance off the coasts, thereby creating unacceptable risks for their crews and for the environment if the vessels were to get into difficulties (storm or damage); also calls on the Member States to ensure that in the event of this happening they have the requisite technical rescue resources at their disposal to guarantee assistance to the crew and preservation of the marine environment; |
| --- | --- |

23.

Calls on Member States to control and monitor closely the traffic of vessels carrying dangerous and polluting goods, within 200 miles of their coastline; is, however, concerned at decisions by a number of Member States to ban such vessels from the 200-mile zone off their coasts; fears that such vessels would then be forced to navigate at too great a distance off the coasts, thereby creating unacceptable risks for their crews and for the environment if the vessels were to get into difficulties (storm or damage); also calls on the Member States to ensure that in the event of this happening they have the requisite technical rescue resources at their disposal to guarantee assistance to the crew and preservation of the marine environment;

| 24. | Requests that the ban on the entry into EU ports or anchorages of single-hull vessels carrying heavy fuel oil or dangerous cargo in general be extended, by the creation of a specific Union law, to ships in transit through Community waters; |
| --- | --- |

24.

Requests that the ban on the entry into EU ports or anchorages of single-hull vessels carrying heavy fuel oil or dangerous cargo in general be extended, by the creation of a specific Union law, to ships in transit through Community waters;

| 25. | Supports the Commission's proposal to launch coordinated action by Member States to study and examine various formulae enabling measures to be taken to protect their coastal waters, in particular territorial waters and the exclusive economic zone, from vessels posing a threat to the marine environment, by requiring coastal states to refuse access to their coastal waters to vessels posing a clear threat to the environment and failing to observe basic safety rules; |
| --- | --- |

25.

Supports the Commission's proposal to launch coordinated action by Member States to study and examine various formulae enabling measures to be taken to protect their coastal waters, in particular territorial waters and the exclusive economic zone, from vessels posing a threat to the marine environment, by requiring coastal states to refuse access to their coastal waters to vessels posing a clear threat to the environment and failing to observe basic safety rules;

| 26. | Calls on the Commission to promote the use in maritime traffic-guidance and routing systems of the latest satellite and transponder technologies enabling ships' courses to be monitored accurately and at great distances, taking advantage of the development of the Galileo project and Global Monitoring for Environmental and Security (GMES) services; |
| --- | --- |

26.

Calls on the Commission to promote the use in maritime traffic-guidance and routing systems of the latest satellite and transponder technologies enabling ships' courses to be monitored accurately and at great distances, taking advantage of the development of the Galileo project and Global Monitoring for Environmental and Security (GMES) services;

| 27. | Urges the Commission and the Member States, within the IMO, to look into the usefulness of additional technical requirements for all vessels carrying hazardous cargoes so as to improve safety, in particular the compulsory provision of emergency towing machinery, or of means to tackle small-scale pollution immediately, as well as the usefulness of an internal inspection of all ballast tanks, on an annual basis, for ships over 15 years of age; |
| --- | --- |

27.

Urges the Commission and the Member States, within the IMO, to look into the usefulness of additional technical requirements for all vessels carrying hazardous cargoes so as to improve safety, in particular the compulsory provision of emergency towing machinery, or of means to tackle small-scale pollution immediately, as well as the usefulness of an internal inspection of all ballast tanks, on an annual basis, for ships over 15 years of age;

| 28. | Welcomes the Commission's favourable position on the fiscal measures adopted by certain Member States to encourage a return to flying European flags; urges Member States to make every effort to ensure full administrative capacity to enable such re-flagging and to introduce stringent monitoring of flag-issuing states; calls on the Commission and Member States to give renewed consideration to establishing a European register of shipping; |
| --- | --- |

28.

Welcomes the Commission's favourable position on the fiscal measures adopted by certain Member States to encourage a return to flying European flags; urges Member States to make every effort to ensure full administrative capacity to enable such re-flagging and to introduce stringent monitoring of flag-issuing states; calls on the Commission and Member States to give renewed consideration to establishing a European register of shipping;

| 29. | Calls on the Commission to submit as soon as possible a proposal to strengthen port state control by reducing the intervals between the inspection of vessels of greater risk, by expanding the reporting requirements of pilots also to include vessels in transit off the coast of Europe and by applying the 25% target (percentage of ships inspected) to each port that has ‘significant maritime traffic’ instead of to the country as a whole; considers that the definition of ‘significant maritime traffic’ should relate to the volume of the traffic as well as to the quantity of dangerous and polluting cargo being carried; calls on the Member States to provide the necessary resources for such port state control and hence to increase the number of inspectors as well as taking the necessary steps regarding their working conditions and equipment; |
| --- | --- |

29.

Calls on the Commission to submit as soon as possible a proposal to strengthen port state control by reducing the intervals between the inspection of vessels of greater risk, by expanding the reporting requirements of pilots also to include vessels in transit off the coast of Europe and by applying the 25% target (percentage of ships inspected) to each port that has ‘significant maritime traffic’ instead of to the country as a whole; considers that the definition of ‘significant maritime traffic’ should relate to the volume of the traffic as well as to the quantity of dangerous and polluting cargo being carried; calls on the Member States to provide the necessary resources for such port state control and hence to increase the number of inspectors as well as taking the necessary steps regarding their working conditions and equipment;

| 30. | Insists that the problem of a common language for marine operators must also be addressed, and that the ‘standardised vocabulary’ developed by the IMO needs to be improved, for example through the IMO taking responsibility for the circulation on board vessels of on-the-job training videos, something which some shipowners already do; |
| --- | --- |

30.

Insists that the problem of a common language for marine operators must also be addressed, and that the ‘standardised vocabulary’ developed by the IMO needs to be improved, for example through the IMO taking responsibility for the circulation on board vessels of on-the-job training videos, something which some shipowners already do;

| 31. | Welcomes the proposal for a directive on ship-source pollution and on the introduction of sanctions, including criminal sanctions, for pollution offences (COM(2003) 92), since unlawful dumping at sea is the cause of most marine pollution; |
| --- | --- |

31.

Welcomes the proposal for a directive on ship-source pollution and on the introduction of sanctions, including criminal sanctions, for pollution offences (COM(2003) 92), since unlawful dumping at sea is the cause of most marine pollution;

| 32. | Is concerned at the increasing criminalisation of seafarers and the damage done thereby to the image of a seafaring career; |
| --- | --- |

32.

Is concerned at the increasing criminalisation of seafarers and the damage done thereby to the image of a seafaring career;

| 33. | Regrets the fact that Captain Mangouras has been treated as a criminal although he is not responsible for the damage sustained by his vessel; calls on the Spanish judicial authorities to lift the conditions under which the captain of the ‘Prestige’ has been placed under house arrest; |
| --- | --- |

33.

Regrets the fact that Captain Mangouras has been treated as a criminal although he is not responsible for the damage sustained by his vessel; calls on the Spanish judicial authorities to lift the conditions under which the captain of the ‘Prestige’ has been placed under house arrest;

| 34. | Calls for the establishment of a European coastguard equipped with the requisite powers and instruments which, together with stringent surveillance, the prosecution of illegal discharging from vessels and enforcement of specific shipping routes, should ensure, in particular, the swiftest possible coordination of the necessary measures to be taken in the event of an accident, including the allocation of emergency moorings and ports; |
| --- | --- |

34.

Calls for the establishment of a European coastguard equipped with the requisite powers and instruments which, together with stringent surveillance, the prosecution of illegal discharging from vessels and enforcement of specific shipping routes, should ensure, in particular, the swiftest possible coordination of the necessary measures to be taken in the event of an accident, including the allocation of emergency moorings and ports;

| 35. | Notes that investigations into accidents and incidents at sea are at present conducted by the flag state of the vessel concerned and the coastal state; considers it necessary, with a view to preventing further accidents and incidents, that clear guidelines be drawn up within the EU for the carrying out of an independent investigation into accidents and incidents at sea; considers that this should be the task of an independent investigative body at Member State level or, if appropriate, at European level; |
| --- | --- |

35.

Notes that investigations into accidents and incidents at sea are at present conducted by the flag state of the vessel concerned and the coastal state; considers it necessary, with a view to preventing further accidents and incidents, that clear guidelines be drawn up within the EU for the carrying out of an independent investigation into accidents and incidents at sea; considers that this should be the task of an independent investigative body at Member State level or, if appropriate, at European level;

Improving maritime safety on a global level

| 36. | Calls on Member States to arrange for the Union to accede to the IMO and to give the Commission a mandate to negotiate with the IMO on behalf of the Union; |
| --- | --- |

36.

Calls on Member States to arrange for the Union to accede to the IMO and to give the Commission a mandate to negotiate with the IMO on behalf of the Union;

| 37. | Calls on the Commission and on Member States to make their best efforts to reach agreement with the IMO on phasing out single-hulled tankers worldwide by way of an amendment to the Marpol Convention; |
| --- | --- |

37.

Calls on the Commission and on Member States to make their best efforts to reach agreement with the IMO on phasing out single-hulled tankers worldwide by way of an amendment to the Marpol Convention;

| 38. | Calls on the Commission and on Member States to make their best efforts to reach an agreement within the IMO on an international public law convention on places of refuge; |
| --- | --- |

38.

Calls on the Commission and on Member States to make their best efforts to reach an agreement within the IMO on an international public law convention on places of refuge;

| 39. | Urges the Commission and Member States to review the IMO shipping classification scheme, and to lay down more stringent requirements for the reporting by shipowners to the classification societies of changes in the use to which vessels are put; |
| --- | --- |

39.

Urges the Commission and Member States to review the IMO shipping classification scheme, and to lay down more stringent requirements for the reporting by shipowners to the classification societies of changes in the use to which vessels are put;

| 40. | Reiterates the need to devise, at both international and Community level, exhaustive technical inspection mechanisms to provide reliable information about the actual condition of vessels; |
| --- | --- |

40.

Reiterates the need to devise, at both international and Community level, exhaustive technical inspection mechanisms to provide reliable information about the actual condition of vessels;

| 41. | Calls for adaptations to be made to the interpretation and application of the paragraphs relating to the freedom of navigation in the exclusive economic zone and on the high seas in the UN Convention on the Law of the Sea, in order to allow coastal states to take action against ships that pose a threat to the environment and maritime safety; |
| --- | --- |

41.

Calls for adaptations to be made to the interpretation and application of the paragraphs relating to the freedom of navigation in the exclusive economic zone and on the high seas in the UN Convention on the Law of the Sea, in order to allow coastal states to take action against ships that pose a threat to the environment and maritime safety;

| 42. | Calls on the Commission and on Member States to seek the introduction by the IMO of compulsory shipping routes and restrictions on sailing in particularly sensitive areas in order to protect coasts, as well as a compulsory flag-state audit procedure to combat flags of convenience, and more stringent port state control requirements; |
| --- | --- |

42.

Calls on the Commission and on Member States to seek the introduction by the IMO of compulsory shipping routes and restrictions on sailing in particularly sensitive areas in order to protect coasts, as well as a compulsory flag-state audit procedure to combat flags of convenience, and more stringent port state control requirements;

| 43. | Draws attention to the importance of effective communications, not least in emergencies, between ships, salvage teams and the onshore authorities; advocates, consequently, a satisfactory knowledge of English in shipping; |
| --- | --- |

43.

Draws attention to the importance of effective communications, not least in emergencies, between ships, salvage teams and the onshore authorities; advocates, consequently, a satisfactory knowledge of English in shipping;

Economic aspects

| 44. | Advocates stepping up shipowners' shares in financial liability by way of an internal IMO amendment to the provisions concerning international rules on damages and liability; should that prove ineffective, calls on the Commission to submit a proposal for a damages and liability scheme for the wider European Union; |
| --- | --- |

44.

Advocates stepping up shipowners' shares in financial liability by way of an internal IMO amendment to the provisions concerning international rules on damages and liability; should that prove ineffective, calls on the Commission to submit a proposal for a damages and liability scheme for the wider European Union;

| 45. | Calls for the ‘polluter pays’ principle to be fully enforced at sea by means of a criminal-liability scheme enabling those responsible for incidents to be penalised and by further developing an international compensation fund system, based on the ‘polluter pays’ principle, intended to compensate coastal communities and finance the cleaning-up of the environment; believes that the financing of the fund should be spread over the entire transport chain (flag states, charterers, the owners of the cargo and the owners of the vessel); in addition, believes that the fund shyould consist of two parts: one relating to the carriage of hydrocarbons and the other to the carriage of other hazardous substances; |
| --- | --- |

45.

Calls for the ‘polluter pays’ principle to be fully enforced at sea by means of a criminal-liability scheme enabling those responsible for incidents to be penalised and by further developing an international compensation fund system, based on the ‘polluter pays’ principle, intended to compensate coastal communities and finance the cleaning-up of the environment; believes that the financing of the fund should be spread over the entire transport chain (flag states, charterers, the owners of the cargo and the owners of the vessel); in addition, believes that the fund shyould consist of two parts: one relating to the carriage of hydrocarbons and the other to the carriage of other hazardous substances;

| 46. | Welcomes the IMO decision on raising the IOPC Fund (International Oil Pollution Compensation Fund) ceiling to a maximum of approximately EUR 1 billion in damages per accident; calls on Member States to ratify the relevant protocol without delay; calls on the Commission and the Council to ensure that the victims of the ‘Prestige’ accident are fully compensated as swiftly as possible; |
| --- | --- |

46.

Welcomes the IMO decision on raising the IOPC Fund (International Oil Pollution Compensation Fund) ceiling to a maximum of approximately EUR 1 billion in damages per accident; calls on Member States to ratify the relevant protocol without delay; calls on the Commission and the Council to ensure that the victims of the ‘Prestige’ accident are fully compensated as swiftly as possible;

| 47. | Calls on the European Union to agree promptly to raise the insurance ceiling for the chain of operators in sea transport, drawing the relevant conclusions from the legislative experience of the United States following the ‘Exxon Valdez’ accident; believes that any EU decision to the above effect should seek to bring about the necessary change to the current International Maritime Organisation rules for the benefit of all seas and countries, in particular developing countries; |
| --- | --- |

47.

Calls on the European Union to agree promptly to raise the insurance ceiling for the chain of operators in sea transport, drawing the relevant conclusions from the legislative experience of the United States following the ‘Exxon Valdez’ accident; believes that any EU decision to the above effect should seek to bring about the necessary change to the current International Maritime Organisation rules for the benefit of all seas and countries, in particular developing countries;

| 48. | Calls on the Commission to adopt the necessary measures in the short and long term to address the problems in the various sectors of the economy that have been economically and socially affected — which, apart from the tourism, fisheries and shellfish sectors, also includes other business sectors such as canning, commerce, transport, repairs and maintenance, catering etc.; believes that this aid should include incentives for the recovery of private initiative and promotional campaigns, once the environmental damage has been fully rectified; |
| --- | --- |

48.

Calls on the Commission to adopt the necessary measures in the short and long term to address the problems in the various sectors of the economy that have been economically and socially affected — which, apart from the tourism, fisheries and shellfish sectors, also includes other business sectors such as canning, commerce, transport, repairs and maintenance, catering etc.; believes that this aid should include incentives for the recovery of private initiative and promotional campaigns, once the environmental damage has been fully rectified;

| 49. | Takes the view that powerful emergency drive systems clearly increase the manoeuvrability of large tankers in dangerous situations and may help to avoid imminent accidents; points to already existing emergency drive designs in European shipbuilding technology and calls on the Commission in this context to support and promote the fitting of vessels with powerful emergency drive systems; |
| --- | --- |

49.

Takes the view that powerful emergency drive systems clearly increase the manoeuvrability of large tankers in dangerous situations and may help to avoid imminent accidents; points to already existing emergency drive designs in European shipbuilding technology and calls on the Commission in this context to support and promote the fitting of vessels with powerful emergency drive systems;

| 50. | Calls on the Council and the Commission to ensure that the use of aid for individuals and businesses in the Spanish fisheries, seafood and fish-farming sectors can be maintained under Council Regulation (EC) No 2372/2002 of 20 December 2002 (3) for all those who are still suffering from the effects of the shipwreck, especially the people and enterprises most directly affected; calls also on the Commission to put forward a proposal for French regions similar to that presented in the case of the Spanish coastal areas affected; |
| --- | --- |

50.

Calls on the Council and the Commission to ensure that the use of aid for individuals and businesses in the Spanish fisheries, seafood and fish-farming sectors can be maintained under Council Regulation (EC) No 2372/2002 of 20 December 2002 (3) for all those who are still suffering from the effects of the shipwreck, especially the people and enterprises most directly affected; calls also on the Commission to put forward a proposal for French regions similar to that presented in the case of the Spanish coastal areas affected;

| 51. | Calls for the mobilisation of all relevant Community funds and technical resources and for the creation of a network for the exchange of experience on how to deal with hydrocarbon pollution; asks the Commission to inform Parliament about any possible reprogramming of the structural funds and the cohesion fund for 2000-2006, which may be necessary in order to allocate aid to the areas affected by the ‘Prestige’ accident; recommends that this reprogramming should be carried out swiftly, and should target both the environmental regeneration of the coastline and the economic recovery of the sectors affected; |
| --- | --- |

51.

Calls for the mobilisation of all relevant Community funds and technical resources and for the creation of a network for the exchange of experience on how to deal with hydrocarbon pollution; asks the Commission to inform Parliament about any possible reprogramming of the structural funds and the cohesion fund for 2000-2006, which may be necessary in order to allocate aid to the areas affected by the ‘Prestige’ accident; recommends that this reprogramming should be carried out swiftly, and should target both the environmental regeneration of the coastline and the economic recovery of the sectors affected;

| 52. | Considers that major marine disasters such as the one caused by the ‘Prestige’ should be covered by the European Solidarity Fund for natural disasters or a specific aid fund for serious environmental damage; |
| --- | --- |

52.

Considers that major marine disasters such as the one caused by the ‘Prestige’ should be covered by the European Solidarity Fund for natural disasters or a specific aid fund for serious environmental damage;

| 53. | Calls on the Commission to include, in the working programme for 2004 of the Sixth Framework Programme for research and technological development, research on the establishment of emergency action plans for all Community coasts, making it possible to deal with any kind of risk or disaster, research on the design and construction of new, technologically-advanced vessels for recovering and cleaning up polluting spillages at sea, and on the promotion of new environmental recovery and waste treatment technologies; |
| --- | --- |

53.

Calls on the Commission to include, in the working programme for 2004 of the Sixth Framework Programme for research and technological development, research on the establishment of emergency action plans for all Community coasts, making it possible to deal with any kind of risk or disaster, research on the design and construction of new, technologically-advanced vessels for recovering and cleaning up polluting spillages at sea, and on the promotion of new environmental recovery and waste treatment technologies;

| 54. | Calls on the Commission, one year after the ‘Prestige’ disaster, to draw up an assessment report on the impact of the Community measures designed to alleviate the effects of the disaster, with particular reference to the recovery of the environment and aid to the various fishing sectors and industries affected; |
| --- | --- |

54.

Calls on the Commission, one year after the ‘Prestige’ disaster, to draw up an assessment report on the impact of the Community measures designed to alleviate the effects of the disaster, with particular reference to the recovery of the environment and aid to the various fishing sectors and industries affected;

Environmental aspects

| 55. | Draws attention to the need to salvage hazardous shipwrecks in European waters with a view to maritime safety and the environment; calls on the Commission to encourage investment to that end; |
| --- | --- |

55.

Draws attention to the need to salvage hazardous shipwrecks in European waters with a view to maritime safety and the environment; calls on the Commission to encourage investment to that end;

| 56. | Notes that the accelerated phasing-out of single hull vessels will lead to a significant increase in the number of vessels for scrapping; calls, in the interest of safeguarding human health and the environment, for mandatory IMO guidelines addressing, inter alia, the preparation of ships for recycling, the reduction of waste and of the use of hazardous materials and the promotion of international cooperation on this issue; |
| --- | --- |

56.

Notes that the accelerated phasing-out of single hull vessels will lead to a significant increase in the number of vessels for scrapping; calls, in the interest of safeguarding human health and the environment, for mandatory IMO guidelines addressing, inter alia, the preparation of ships for recycling, the reduction of waste and of the use of hazardous materials and the promotion of international cooperation on this issue;

| 57. | Calls on the Commission, in parallel with the development of IMO guidelines, and subject to a cost-benefit analysis, to come forward with a proposal establishing minimum environmental and health requirements for the recycling of end-of-life vessels, supported by a certification scheme; |
| --- | --- |

57.

Calls on the Commission, in parallel with the development of IMO guidelines, and subject to a cost-benefit analysis, to come forward with a proposal establishing minimum environmental and health requirements for the recycling of end-of-life vessels, supported by a certification scheme;

| 58. | Notes that, from the public health angle, no data have been published on internal contamination levels among people who may have been directly or indirectly affected by pollution from the ‘Prestige’, and regrets that crucial time is being lost in obtaining data on the consequences of the spill among the population; |
| --- | --- |

58.

Notes that, from the public health angle, no data have been published on internal contamination levels among people who may have been directly or indirectly affected by pollution from the ‘Prestige’, and regrets that crucial time is being lost in obtaining data on the consequences of the spill among the population;

| 59. | Calls upon the Commission to amend the EU directives relating to sulphured heavy fuel No 2, which is banned from use within the EU but which is nonetheless produced in, and transported through, Europe and its ports and is exported to other countries as an energy source; calls, therefore, for the production of this type of hydrocarbon to be banned; |
| --- | --- |

59.

Calls upon the Commission to amend the EU directives relating to sulphured heavy fuel No 2, which is banned from use within the EU but which is nonetheless produced in, and transported through, Europe and its ports and is exported to other countries as an energy source; calls, therefore, for the production of this type of hydrocarbon to be banned;

| 60. | Insists that the harmful environmental effects suffered by the proposed Natura 2000 sites and by the ecologically valuable areas located within the region affected by the oil spill be assessed and that action be taken in order to repair the damage caused; calls for the proposed Natura 2000 sites to be adopted as such immediately; |
| --- | --- |

60.

Insists that the harmful environmental effects suffered by the proposed Natura 2000 sites and by the ecologically valuable areas located within the region affected by the oil spill be assessed and that action be taken in order to repair the damage caused; calls for the proposed Natura 2000 sites to be adopted as such immediately;

| 61. | Calls for urgent enforcement of Council Directive 92/43/EEC (the Habitats Directive) (4) in the ecologically valuable areas located within the appropriate maritime regions of the EU and for their immediate inclusion in the Natura 2000 Network; |
| --- | --- |

61.

Calls for urgent enforcement of Council Directive 92/43/EEC (the Habitats Directive) (4) in the ecologically valuable areas located within the appropriate maritime regions of the EU and for their immediate inclusion in the Natura 2000 Network;

| 62. | Recalls that many Community ports lack equipment and installations to receive and treat waste; calls, therefore, for the requisite infrastructure for degassing and cleaning vessels to be installed at all Community ports by means of a European plan; considers that these ports must be able to cope with several major difficulties simultaneously; |
| --- | --- |

62.

Recalls that many Community ports lack equipment and installations to receive and treat waste; calls, therefore, for the requisite infrastructure for degassing and cleaning vessels to be installed at all Community ports by means of a European plan; considers that these ports must be able to cope with several major difficulties simultaneously;

| 63. | Calls for the EU to join the IMO, for the Member States to ratify the 1996 International Convention Liability and Compensation for Damage in Connection with the Carriage of Hazardous Substances (HNS Convention), and for the UN Convention on the Law of the Sea (Montego Bay Convention) to be strengthened in the areas of safety at sea and protection of the marine environment, particularly in Part XII thereof; |
| --- | --- |

63.

Calls for the EU to join the IMO, for the Member States to ratify the 1996 International Convention Liability and Compensation for Damage in Connection with the Carriage of Hazardous Substances (HNS Convention), and for the UN Convention on the Law of the Sea (Montego Bay Convention) to be strengthened in the areas of safety at sea and protection of the marine environment, particularly in Part XII thereof;

| 64. | Calls for EU research to be carried out into the evolution and the restoration of ecosystems, and for the carrying-out of an epidemiological study of people exposed to fuel, so that data can be obtained on the effects on health in the short term (conjunctivitis, headaches, respiratory problems) and in the medium and long term (effects which may appear in the future owing to chronic exposure to potentially toxic compounds); |
| --- | --- |

64.

Calls for EU research to be carried out into the evolution and the restoration of ecosystems, and for the carrying-out of an epidemiological study of people exposed to fuel, so that data can be obtained on the effects on health in the short term (conjunctivitis, headaches, respiratory problems) and in the medium and long term (effects which may appear in the future owing to chronic exposure to potentially toxic compounds);

| 65. | Calls on the Commission to propose measures to prevent any pollution of quays, which seriously aggravates the degradation of the marine environment and damages the health of the personnel concerned; |
| --- | --- |

65.

Calls on the Commission to propose measures to prevent any pollution of quays, which seriously aggravates the degradation of the marine environment and damages the health of the personnel concerned;

| 66. | Calls for better, more effective and swifter coordination of measures to remedy the situation of wild fauna when maritime disasters occur; considers that infrastructure for the rehabilitation of animals, high standards and structured networks of experienced organisations should be established; |
| --- | --- |

66.

Calls for better, more effective and swifter coordination of measures to remedy the situation of wild fauna when maritime disasters occur; considers that infrastructure for the rehabilitation of animals, high standards and structured networks of experienced organisations should be established;

| 67. | Calls for bodies with experience in cleaning up animals and birds which have been soiled by pollutants to be granted adequate financial resources for their task; |
| --- | --- |

67.

Calls for bodies with experience in cleaning up animals and birds which have been soiled by pollutants to be granted adequate financial resources for their task;

| 68. | Proposes the setting-up of a Community archive on oil spills (historical data, studies, measurements taken), which would comprise an up-to-date database readily accessible for all institutions and all sections of the public; |
| --- | --- |

68.

Proposes the setting-up of a Community archive on oil spills (historical data, studies, measurements taken), which would comprise an up-to-date database readily accessible for all institutions and all sections of the public;

Social aspects

| 69. | Draws attention to the importance of qualified seafarers, and calls on Member States to conduct, in particular, checks during harbour inspections to ensure that crew members have the necessary qualifications and experience; at the same time calls for an improvement in their training and in their living and working conditions, which would pay dividends in terms of maritime safety; urges the Commission to promote the harmonisation and enhance the status of this profession at European level; |
| --- | --- |

69.

Draws attention to the importance of qualified seafarers, and calls on Member States to conduct, in particular, checks during harbour inspections to ensure that crew members have the necessary qualifications and experience; at the same time calls for an improvement in their training and in their living and working conditions, which would pay dividends in terms of maritime safety; urges the Commission to promote the harmonisation and enhance the status of this profession at European level;

| 70. | Calls on the Commission, when drawing up rules on maritime safety, to take into account the safety of crews with regard to possible salvage operations in the event of accidents; |
| --- | --- |

70.

Calls on the Commission, when drawing up rules on maritime safety, to take into account the safety of crews with regard to possible salvage operations in the event of accidents;

| 71. | Points out that training in health and safety at work must be accompanied by continuous efforts to promote a culture of prevention, taking into account the specific risks associated with this activity, the demographic structure of the maritime professions and the fact that a seafarer's ship is his ‘home’; considers that all this should be done in the spirit of the European strategy on health and safety at work 2002-2006; |
| --- | --- |

71.

Points out that training in health and safety at work must be accompanied by continuous efforts to promote a culture of prevention, taking into account the specific risks associated with this activity, the demographic structure of the maritime professions and the fact that a seafarer's ship is his ‘home’; considers that all this should be done in the spirit of the European strategy on health and safety at work 2002-2006;

| 72. | Submits, for the consideration of the Commission and the Member States within their sphere of competence and via international organisations, the need for a thorough overhaul of international maritime law in response to the requirements of modern maritime transport as regards the health and safety of workers; |
| --- | --- |

72.

Submits, for the consideration of the Commission and the Member States within their sphere of competence and via international organisations, the need for a thorough overhaul of international maritime law in response to the requirements of modern maritime transport as regards the health and safety of workers;

| 73. | Welcomes the initiative by private companies to encourage employment in the zones concerned, such as the Costa da Morte, one of the worst affected parts of the Galician coastline; |
| --- | --- |

73.

Welcomes the initiative by private companies to encourage employment in the zones concerned, such as the Costa da Morte, one of the worst affected parts of the Galician coastline;

Fisheries aspects

| 74. | Notes that fishers and aquaculturists are most directly concerned since, as their resource is directly affected, they suffer a considerable loss of income; |
| --- | --- |

74.

Notes that fishers and aquaculturists are most directly concerned since, as their resource is directly affected, they suffer a considerable loss of income;

| 75. | Points out, and pays tribute to, the great involvement and motivation shown by fishers and aquaculturists in the fight against pollution by setting up, on their own initiative and using their own tools, remarkably effective anti-pollution fishing fleets; warmly congratulates the many volunteers from all over Europe for their cleaning efforts; |
| --- | --- |

75.

Points out, and pays tribute to, the great involvement and motivation shown by fishers and aquaculturists in the fight against pollution by setting up, on their own initiative and using their own tools, remarkably effective anti-pollution fishing fleets; warmly congratulates the many volunteers from all over Europe for their cleaning efforts;

| 76. | Calls on the Commission to finance a programme to facilitate the involvement of fishers and aquaculturists in the conservation of the marine environment in the event of possible disasters, so that they may be equipped with the most suitable means of doing so, on the basis of past experience; |
| --- | --- |

76.

Calls on the Commission to finance a programme to facilitate the involvement of fishers and aquaculturists in the conservation of the marine environment in the event of possible disasters, so that they may be equipped with the most suitable means of doing so, on the basis of past experience;

| 77. | Reiterates, therefore, the requests adopted by Parliament in its resolutions of 21 November 2002 and 19 December 2002 on the ‘Prestige’ oil tanker disaster, to create European sea fishing areas designated as sensitive because of the richness of their fish and shellfish resources and the population's heavy dependence on these resources, as seen in the case of Galicia; |
| --- | --- |

77.

Reiterates, therefore, the requests adopted by Parliament in its resolutions of 21 November 2002 and 19 December 2002 on the ‘Prestige’ oil tanker disaster, to create European sea fishing areas designated as sensitive because of the richness of their fish and shellfish resources and the population's heavy dependence on these resources, as seen in the case of Galicia;

| 78. | Calls for the areas of activity of fishers and aquaculturists to be taken into account when places of refuge are being established; |
| --- | --- |

78.

Calls for the areas of activity of fishers and aquaculturists to be taken into account when places of refuge are being established;

| 79. | Requests that anti-pollution fishing fleets should from now on constitute part of the emergency plans, so that fishermen may be fully involved in combating pollution and be recognised as effective and motivated participants; |
| --- | --- |

79.

Requests that anti-pollution fishing fleets should from now on constitute part of the emergency plans, so that fishermen may be fully involved in combating pollution and be recognised as effective and motivated participants;

*

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| 80. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

80.

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

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(1)  P5_TA(2002)0575.

(2)  P5_TA(2002)0629.

(3)  OJ L 358, 31.12.2002, p. 81.

(4)  OJ L 206, 22.7.1992, p. 7.

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