# CE2004097EN.01002301.xml

| 22.4.2004 | EN | Official Journal of the European Union | CE 97/23 |
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22.4.2004

EN

Official Journal of the European Union

CE 97/23

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MINUTES

(2004/C 97 E/02)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Gerhard SCHMID

Vice-President

1.   Opening of sitting

The sitting opened at 09.00.

2.   Documents received

The following Members had submitted a written declaration for entry in the Register (Rule 51):

Mario Borghezio, on compensation for the victims of Communism in Istria, Dalmazia and Venezia-Giulia (No 10/2004).

3.   Debate on cases of breaches of human rights, democracy and the rule of law (announcement of motions for resolutions tabled)

(announcement of motions for resolutions tabled)

Pursuant to Rule 50, the following Members or political groups had requested that such a debate be held on the following motions for resolution:

| I. | ELECTIONS IN IRAN






  — | Michael Gahler, Arie M. Oostlander, Bernd Posselt, Lennart Sacrédeus and Ilkka Suominen, on behalf of the PPE-DE Group, on the parliamentary elections in Iran B5-0094/2004; |
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I.

ELECTIONS IN IRAN

—

Michael Gahler, Arie M. Oostlander, Bernd Posselt, Lennart Sacrédeus and Ilkka Suominen, on behalf of the PPE-DE Group, on the parliamentary elections in Iran B5-0094/2004;

| — | Enrique Barón Crespo, Anna Karamanou, Jannis Sakellariou, Johannes (Hannes) Swoboda and Margrietus J. van den Berg, on behalf of the PSE Group, on the political situation in Iran prior to the parliamentary elections of 20 February 2004 (B5-0088/2004); |
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—

Enrique Barón Crespo, Anna Karamanou, Jannis Sakellariou, Johannes (Hannes) Swoboda and Margrietus J. van den Berg, on behalf of the PSE Group, on the political situation in Iran prior to the parliamentary elections of 20 February 2004 (B5-0088/2004);

| — | Bob van den Bos, on behalf of the ELDR Group, on the elections in Iran (B5-0080/2004); |
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—

Bob van den Bos, on behalf of the ELDR Group, on the elections in Iran (B5-0080/2004);

| — | Alima Boumediene-Thiery, Daniel Marc Cohn-Bendit, Monica Frassoni, Per Gahrton, Marie Anne Isler Béguin, Nelly Maes, Matti Wuori and Eurig Wyn, on behalf of the Verts/ALE Group, on the elections in Iran (B5-0098/2004); |
| --- | --- |

—

Alima Boumediene-Thiery, Daniel Marc Cohn-Bendit, Monica Frassoni, Per Gahrton, Marie Anne Isler Béguin, Nelly Maes, Matti Wuori and Eurig Wyn, on behalf of the Verts/ALE Group, on the elections in Iran (B5-0098/2004);

| — | Pedro Marset Campos and Esko Olavi Seppänen, on behalf of the GUE/NGL Group, on the elections in Iran (B5-0084/2004); |
| --- | --- |

—

Pedro Marset Campos and Esko Olavi Seppänen, on behalf of the GUE/NGL Group, on the elections in Iran (B5-0084/2004);

| — | Gerard Collins, on behalf of the UEN Group, on the general election in Iran (B5-0083/2004); |
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—

Gerard Collins, on behalf of the UEN Group, on the general election in Iran (B5-0083/2004);

| — | Bastiaan Belder, on behalf of the EDD Group, on the parliamentary elections in Iran (B5-0099/2004). |
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—

Bastiaan Belder, on behalf of the EDD Group, on the parliamentary elections in Iran (B5-0099/2004).

| II. | POLITICAL ASSASSINATIONS IN CAMBODIA






  — | Thomas Mann, Hartmut Nassauer and Bernd Posselt, on behalf of the PPE-DE Group, on the political murders in Cambodia (B5-0095/2004); |
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II.

POLITICAL ASSASSINATIONS IN CAMBODIA

—

Thomas Mann, Hartmut Nassauer and Bernd Posselt, on behalf of the PPE-DE Group, on the political murders in Cambodia (B5-0095/2004);

| — | Margrietus J. van den Berg, on behalf of the PSE Group, on Cambodia (B5-0082/2004); |
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—

Margrietus J. van den Berg, on behalf of the PSE Group, on Cambodia (B5-0082/2004);

| — | Graham R. Watson and Bob van den Bos, on behalf of the ELDR Group, on the political murders in Cambodia (B5-0079/2004); |
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—

Graham R. Watson and Bob van den Bos, on behalf of the ELDR Group, on the political murders in Cambodia (B5-0079/2004);

| — | Marie Anne Isler Béguin, Patricia McKenna and Matti Wuori, on behalf of the Verts/ALE Group, on Cambodia (B5-0097/2004); |
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—

Marie Anne Isler Béguin, Patricia McKenna and Matti Wuori, on behalf of the Verts/ALE Group, on Cambodia (B5-0097/2004);

| — | Herman Schmid and Luigi Vinci, on behalf of the GUE/NGL Group, on Cambodia (B5-0085/2004). |
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—

Herman Schmid and Luigi Vinci, on behalf of the GUE/NGL Group, on Cambodia (B5-0085/2004).

| III. | GREEK SEAMEN HELD IN KARACHI






  — | Thomas Mann and Christos Zacharakis, on behalf of the PPE-DE Group, on the Greek sailors held in Karachi (B5-0096/2004); |
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III.

GREEK SEAMEN HELD IN KARACHI

—

Thomas Mann and Christos Zacharakis, on behalf of the PPE-DE Group, on the Greek sailors held in Karachi (B5-0096/2004);

| — | Giorgos Katiforis and Margrietus J. van den Berg, on behalf of the PSE Group, on the Greek sailors in Karachi (B5-0081/2004); |
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—

Giorgos Katiforis and Margrietus J. van den Berg, on behalf of the PSE Group, on the Greek sailors in Karachi (B5-0081/2004);

| — | Bob van den Bos, on behalf of the ELDR Group, on the Tasman Spirit and her crew (B5-0078/2004); |
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—

Bob van den Bos, on behalf of the ELDR Group, on the Tasman Spirit and her crew (B5-0078/2004);

| — | Alexandros Alavanos, Emmanouil Bakopoulos and Efstratios Korakas, on behalf of the GUE/NGL Group, on the Greek sailors held in Karachi (B5-0086/2004); |
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—

Alexandros Alavanos, Emmanouil Bakopoulos and Efstratios Korakas, on behalf of the GUE/NGL Group, on the Greek sailors held in Karachi (B5-0086/2004);

| — | Cristiana Muscardini, on behalf of the UEN Group, on the Greek sailors held in Karachi (B5-0087/2004). |
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—

Cristiana Muscardini, on behalf of the UEN Group, on the Greek sailors held in Karachi (B5-0087/2004).

Speaking time would be allocated in accordance with Rule 120.

4.   Asian bird flu (statement followed by debate)

(statement followed by debate)

Commission statement: Asian bird flu.

David Byrne (Member of the Commission) made the statement.

The following spoke: Caroline F. Jackson, on behalf of the PPE-DE Group, Dagmar Roth-Behrendt, on behalf of the PSE Group, Jan Mulder, on behalf of the ELDR Group, Friedrich-Wilhelm Graefe zu Baringdorf, on behalf of the Verts/ALE Group, Bruno Gollnisch, Non-attached Member, Francesco Fiori, Minerva Melpomeni Malliori, Alexander de Roo, Peter Liese, Neil Parish, Ria G.H.C. Oomen-Ruijten, James Nicholson, Albert Jan Maat, Robert William Sturdy, Raquel Cardoso, Eurig Wyn and David Byrne.

IN THE CHAIR: Giorgos DIMITRAKOPOULOS

Vice-President

The following spoke: Albert Jan Maat and Jan Mulder, who put questions to the Commission, David Byrne, who answered them, and Bruno Gollnisch, who asked when the Minutes of the previous day's sitting would be approved (the President told him the Minutes would be approved at 15.00).

The debate closed.

5.   European Centre for Disease Prevention and Control ***I (debate)

(debate)

Report on the proposal for a European Parliament and Council regulation establishing a European Centre for Disease Prevention and Control [COM(2003) 441 — C5-0400/2003 — 2003/0174(COD)] — Committee on the Environment, Public Health and Consumer Policy. Rapporteur: John Bowis (A5-0038/2004).

David Byrne (Member of the Commission) spoke.

John Bowis introduced the report.

The following spoke: Françoise Grossetête, on behalf of the PPE-DE Group, Minerva Melpomeni Malliori, on behalf of the PSE Group, Frédérique Ries, on behalf of the ELDR Group, Antonio Mussa, on behalf of the UEN Group, Antonios Trakatellis, Dagmar Roth-Behrendt, Eija-Riitta Anneli Korhola, Catherine Stihler, Peter Liese and David Byrne.

The debate closed.

Vote: Item 7.23.

Item 7.23

6.   Agricultural incomes in the EU (debate)

(debate)

Report on the development of agricultural incomes in the European Union [2002/2258(INI)] — Committee on Agriculture and Rural Development. Rapporteur: Georges Garot (A5-0022/2004).

Georges Garot introduced the report.

The following spoke: Elisabeth Jeggle, on behalf of the PPE-DE Group, Wolfgang Kreissl-Dörfler, on behalf of the PSE Group, Karl Erik Olsson, on behalf of the ELDR Group, Christel Fiebiger, on behalf of the GUE/NGL Group, Friedrich-Wilhelm Graefe zu Baringdorf, on behalf of the Verts/ALE Group, Liam Hyland, on behalf of the UEN Group, Véronique Mathieu, on behalf of the EDD Group, Dominique F.C. Souchet, Non-attached Member, Albert Jan Maat, María Izquierdo Rojo, Ioannis Patakis, Eurig Wyn, Rijk van Dam and Christos Folias.

IN THE CHAIR: Gérard ONESTA

Vice-President

Friedrich-Wilhelm Graefe zu Baringdorf regretted that Franz Fischler (Member of the Commission responsible for agriculture), was not present (the President undertook to pass on his remarks).

The debate was interrupted for voting time and would continue that afternoon (Item 13).

(Item 13)

7.   Voting time

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

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

7.1.   EU-Croatia agreement on transitional HGV points system * (Simplified procedure) (Rule 110a) (vote)

(Simplified procedure) (Rule 110a) (vote)

Proposal for a Council decision on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Republic of Croatia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria [COM(2003) 833 — C5-0033/2004 — 2003/0319(CNS)] — Committee on Regional Policy, Transport and Tourism.

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 1)

(Voting record: Annex 1, Item 1)

COMMISSION PROPOSAL

Approved by single vote (P5_TA(2004)0056)

(P5_TA(2004)0056)

7.2.   EU-Slovenia agreement on transitional HGV points system * (Simplified procedure) (Rule 110a) (vote)

(Simplified procedure) (Rule 110a) (vote)

Proposal for a Council decision on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Republic of Slovenia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria from 1 January 2004 to 30 April 2004 [COM(2003) 835 — C5-0034/2004 — 2003/0320(CNS)] — Committee on Regional Policy, Transport and Tourism.

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 2)

(Voting record: Annex 1, Item 2)

COMMISSION PROPOSAL

Approved by single vote (P5_TA(2004)0057)

(P5_TA(2004)0057)

7.3.   EU-Swiss Confederation administrative arrangement on transitional HGV points system * (Simplified procedure) (Rule 110a) (vote)

(Simplified procedure) (Rule 110a) (vote)

Proposal for a Council decision on the conclusion of an administrative arrangement in the form of an exchange of letters between the European Community and the Swiss Confederation concerning the transitional points system applicable to heavy goods vehicles travelling through Austria [COM(2003) 836 — C5-0035/2004 — 2003/0322(CNS)] — Committee on Regional Policy, Transport and Tourism.

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 3)

(Voting record: Annex 1, Item 3)

COMMISSION PROPOSAL

Approved by single vote (P5_TA(2004)0058)

(P5_TA(2004)0058)

7.4.   EU-Former Yugoslav Republic of Macedonia agreement on transitional HGV points system * (Simplified procedure) (Rule 110a) (vote)

(Simplified procedure) (Rule 110a) (vote)

Proposal for a Council decision on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the former Yugoslav Republic of Macedonia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria [COM(2003) 837 — C5-0036/2004 — 2003/0323(CNS)] — Committee on Regional Policy, Transport and Tourism.

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 4)

(Voting record: Annex 1, Item 4)

COMMISSION PROPOSAL

Approved by single vote (P5_TA(2004)0059)

(P5_TA(2004)0059)

7.5.   Vehicles hired without drivers ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a directive of the European Parliament and of the Council on the use of vehicles hired without drivers for the carriage of goods by road (Codified version) [COM(2003) 559 — C5-0448/2003 — 2003/0221(COD)] — Committee on Legal Affairs and the Internal Market. Rapporteur: Giuseppe Gargani (A5-0030/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 5)

(Voting record: Annex 1, Item 5)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0060)

(P5_TA(2004)0060)

7.6.   Convention on International Civil Aviation ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a directive of the European Parliament and of the Council on the regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (Codified version) [COM(2003) 524 — C5-0425/2003 — 2003/0207(COD)] — Committee on Legal Affairs and the Internal Market. Rapporteur: Giuseppe Gargani (A5-0032/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 6)

(Voting record: Annex 1, Item 6)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0061)

(P5_TA(2004)0061)

7.7.   Participation by new Member States in the EEA *** (Rule 110a) (vote)

(Rule 110a) (vote)

Recommendation on the proposal for a Council decision on the conclusion of an Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European Economic Area and four related agreements [11902/2003 — C5-0626/2003 — 2003/0160(AVC)] — Committee on Industry, External Trade, Research and Energy. Rapporteur: Luis Berenguer Fuster (A5-0054/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 7)

(Voting record: Annex 1, Item 7)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0062)

(P5_TA(2004)0062)

7.8.   Committee on monetary, financial and balance of payments statistics * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council decision establishing a Committee on monetary, financial and balance of payments statistics (codified version) [COM(2003) 298 — C5-0259/2003 — 2003/0103(CNS)] — Committee on Legal Affairs and the Internal Market. Rapporteur: Giuseppe Gargani (A5-0033/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 8)

(Voting record: Annex 1, Item 8)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0063)

(P5_TA(2004)0063)

7.9.   COM in pigmeat * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council Regulation on the common organisation of the market in pigmeat (Codified version) [COM(2003) 297 — C5-0308/2003 — 2003/0104(CNS)] — Committee on Legal Affairs and the Internal Market. Rapporteur: Giuseppe Gargani (A5-0031/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 9)

(Voting record: Annex 1, Item 9)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0064)

(P5_TA(2004)0064)

7.10.   Quarterly financial accounts for general government ***II (Rule 110a) (vote)

(Rule 110a) (vote)

Recommendation for second reading on the common position of the Council with a view to adopting a European Parliament and Council regulation on quarterly financial accounts for general government [15172/1/2003 — C5-0020/2004 — 2003/0095(COD)] — Committee on Economic and Monetary Affairs. Rapporteur: Astrid Lulling (A5-0039/2004).

(Qualified majority)

(Qualified majority)

(Voting record: Annex 1, Item 10)

(Voting record: Annex 1, Item 10)

COMMON POSITION OF THE COUNCIL

Declared approved (P5_TA(2004)0065)

(P5_TA(2004)0065)

The following spoke:

The following spoke:

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

7.11.   Social Protection Committee * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council decision establishing a Social Protection Committee [COM(2003) 305 — C5-0317/2003 — 2003/0133(CNS)] — Committee on Employment and Social Affairs. Rapporteur: Bartho Pronk (A5-0037/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 11)

(Voting record: Annex 1, Item 11)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0066)

(P5_TA(2004)0066)

7.12.   Pollution of the Mediterranean * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council Decision on the conclusion of the Protocol to the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution, concerning cooperation to prevent pollution by ships and, in cases of emergency, to combat pollution of the Mediterranean [COM(2003) 588 — C5-0497/2003 — 2003/0228(CNS)] — Committee on the Environment, Public Health and Consumer Policy. Rapporteur: Caroline F. Jackson (A5-0050/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 12)

(Voting record: Annex 1, Item 12)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0067)

(P5_TA(2004)0067)

7.13.   North-east Atlantic fisheries * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council regulation amending Regulation (EC) No 2791/1999 laying down certain control measures applicable in the area covered by the Convention on future multilateral cooperation in the north-east Atlantic fisheries [COM(2003) 349 — C5-0284/2003 — 2003/0125(CNS)] — Committee on Fisheries. Rapporteur: Struan Stevenson (A5-0011/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 13)

(Voting record: Annex 1, Item 13)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0068)

(P5_TA(2004)0068)

7.14.   Incidental catches of cetaceans * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council regulation laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98 [COM(2003) 451 — C5-0358/2003 — 2003/0163(CNS)] — Committee on Fisheries. Rapporteur: Heinz Kindermann (A5-0020/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 14)

(Voting record: Annex 1, Item 14)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0069)

(P5_TA(2004)0069)

7.15.   Protection of deep-water coral reefs off Scotland * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council Regulation amending Regulation (EC) No 850/98 as regards the protection of deep-water coral reefs from the effects of trawling in an area north west of Scotland [COM(2003) 519 — C5-0446/2003 — 2003/0201(CNS)] — Committee on Fisheries. Rapporteur: Elspeth Attwooll (A5-0019/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 15)

(Voting record: Annex 1, Item 15)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0070)

(P5_TA(2004)0070)

7.16.   Transfer of direct actions from the Court of Justice to the Court of First Instance * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the draft Council decision on amendments to Articles 51 and 54 of the Statute of the Court of Justice in order to transfer further direct actions from the Court of Justice to the Court of First Instance [6283/2003 — C5-0057/2003 — 2003/0805(CNS)] — Committee on Legal Affairs and the Internal Market. Rapporteur: José María Gil-Robles Gil-Delgado (A5-0046/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 16)

(Voting record: Annex 1, Item 16)

COUNCIL DRAFT, AMENDMENT and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0071)

(P5_TA(2004)0071)

7.17.   Statute of the Court of Justice * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the draft Council decision amending the Protocol on the Statute of the Court of Justice to lay down the conditions and limits for review by the Court of Justice of decisions delivered by the Court of First Instance [12464/2003 — C5-0450/2003 — 2003/0820(CNS)] — Committee on Legal Affairs and the Internal Market. Rapporteur: Willi Rothley (A5-0049/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 17)

(Voting record: Annex 1, Item 17)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0072)

(P5_TA(2004)0072)

7.18.   Convention on International Interests in Mobile Equipment * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council decision on the conclusion by the European Community of the Convention on International Interests in Mobile Equipment and its Protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001 [SEC(2002)1308 — C5-0086/2003 — 2002/0312(CNS)] — Committee on Legal Affairs and the Internal Market. Rapporteur: Joachim Wuermeling (A5-0043/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 18)

(Voting record: Annex 1, Item 18)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0073)

(P5_TA(2004)0073)

7.19.   COM in flax and hemp grown for fibre * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council regulation amending Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre [COM(2003) 701 — C5-0596/2003 — 2003/0275(CNS)] — Committee on Agriculture and Rural Development. Rapporteur: Joseph Daul (A5-0029/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 19)

(Voting record: Annex 1, Item 19)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0074)

(P5_TA(2004)0074)

7.20.   Defence of Mr Pannella's parliamentary immunity (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the request submitted by Marco Pannella for defence of parliamentary immunity in relation to legal proceedings pending before the Rome criminal court [2003/2183(IMM)] — Committee on Legal Affairs and the Internal Market. Rapporteur: François Zimeray (A5-0051/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 20)

(Voting record: Annex 1, Item 20)

PROPOSAL FOR A DECISION

Adopted by single vote (P5_TA(2004)0075)

(P5_TA(2004)0075)

7.21.   Remote island communities and fisheries (Rule 110a) (vote)

(Rule 110a) (vote)

Report on extremely remote island communities and the fisheries sector [2003/2112(INI)] — Committee on Fisheries. Rapporteur: Margie Sudre (A5-0014/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 21)

(Voting record: Annex 1, Item 21)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2004)0076)

(P5_TA(2004)0076)

7.22.   ACP-EU Joint Parliamentary Assembly in 2003 (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the work of the ACP-EU Joint Parliamentary Assembly in 2003 [2003/2007(INI)] — Committee on Development and Cooperation. Rapporteur: Colette Flesch (A5-0013/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 22)

(Voting record: Annex 1, Item 22)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2004)0077)

(P5_TA(2004)0077)

7.23.   European Centre for Disease Prevention and Control ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council regulation establishing a European Centre for Disease Prevention and Control [COM(2003) 441 — C5-0400/2003 — 2003/0174(COD)] — Committee on the Environment, Public Health and Consumer Policy. Rapporteur: John Bowis (A5-0038/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 23)

(Voting record: Annex 1, Item 23)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0078)

(P5_TA(2004)0078)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0078)

(P5_TA(2004)0078)

7.24.   Preparations for the 60th session of the UN Commission on Human Rights (vote)

(vote)

The debate had taken place on 14 January 2004(Item 8 of the Minutes).

(Item 8 of the Minutes)

Motion for a resolution B5-0050/2004

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 24)

(Voting record: Annex 1, Item 24)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0079)

(P5_TA(2004)0079)

IN THE CHAIR: Pat COX

President

8.   Formal sitting

(From 12.00 to 12.35, a formal sitting of Parliament was held on the occasion of the visit by Mr Álvaro Uribe, President of the Republic of Columbia.)

Bruno Gollnisch spoke (the President cut him off).

IN THE CHAIR: Gérard ONESTA

Vice-President

9.   Voting time (continuation)

(continuation)

9.1.   Credit rating agencies (vote)

(vote)

Report on the role and methods of credit rating agencies [2003/2081(INI)] — Committee on Economic and Monetary Affairs. Rapporteur: Giorgos Katiforis (A5-0040/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 25)

(Voting record: Annex 1, Item 25)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0080)

(P5_TA(2004)0080)

The following spoke:

The following spoke:

The rapporteur moved an oral amendment to amendment 8 which was agreed to.

9.2.   Private and state undertakings in developing countries (vote)

(vote)

Report on the communications from the Commission to the Council and the European Parliament on:

| — | the reform of state-owned enterprises in developing countries with focus on public utilities: the need to assess all the options [COM(2003) 326 — 2003/2158(INI)] |
| --- | --- |

—

the reform of state-owned enterprises in developing countries with focus on public utilities: the need to assess all the options [COM(2003) 326 — 2003/2158(INI)]

| — | European Community cooperation with third countries: The Commission's approach to future support for the development of the business sector [COM(2003) 267 — 2003/2158(INI)] — Committee on Development and Cooperation. Rapporteur: Hans Modrow (A5-0015/2004). |
| --- | --- |

—

European Community cooperation with third countries: The Commission's approach to future support for the development of the business sector [COM(2003) 267 — 2003/2158(INI)] — Committee on Development and Cooperation. Rapporteur: Hans Modrow (A5-0015/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 26)

(Voting record: Annex 1, Item 26)

DRAFT RESOLUTION

Adopted (P5_TA(2004)0081)

(P5_TA(2004)0081)

9.3.   Integrated pollution prevention and control (vote)

(vote)

Report on progress in implementing Council Directive 96/61/EC concerning integrated pollution prevention and control [2003/2125(INI)] — Committee on the Environment, Public Health and Consumer Policy. Rapporteur: Marialiese Flemming (A5-0034/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 27)

(Voting record: Annex 1, Item 27)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0082)

(P5_TA(2004)0082)

9.4.   Scientific and technical advice for Community fisheries (vote)

(vote)

Report on improving scientific and technical advice for Community fisheries management [C(2003) 625 — C5-0241/2003 — 2003/2099(INI)] — Committee on Fisheries. Rapporteur: Carlos Lage (A5-0023/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 28)

(Voting record: Annex 1, Item 28)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0083)

(P5_TA(2004)0083)

10.   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 Zimeray — A5-0051/2004

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Kindermann — A5-0020/2004

| — | Catherine Stihler |
| --- | --- |

—

Catherine Stihler

Report Flesch — A5-0013/2004

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Bowis — A5-0038/2004

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Motion for a resolution B5-0050/2004 — Preparations for the 60th session of the UN Commission on Human Rights

| — | Mario Borghezio |
| --- | --- |

—

Mario Borghezio

Report Katiforis — A5-0040/2004

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Modrow — A5-0015/2004

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

11.   Corrections to votes

Corrections to votes were submitted by the following Members:

Report Modrow — A5-0015/2004

| — | resolution (as a whole)

  For: Richard Corbett |
| --- | --- |

—

resolution (as a whole)

For: Richard Corbett

For:

Report Lage — A5-0023/2004

| — | amendment 1

  For: Ioannis Patakis |
| --- | --- |

—

amendment 1

For: Ioannis Patakis

For:

(The sitting was suspended at 13.00 and resumed at 15.00.)

(The sitting was suspended at 13.00 and resumed at 15.00.)

IN THE CHAIR: Alejo VIDAL-QUADRAS ROCA

Vice-President

12.   Approval of Minutes of previous sittin

Brigitte Wenzel-Perillo and Catherine Stihler had informed the Presidency that they had been present but that their names were not on the attendance register.

The Minutes of the previous sitting were approved.

13.   Agricultural incomes in the EU (continuation of debate)

(continuation of debate)

The following spoke: Ilda Figueiredo, Giacomo Santini, Avril Doyle, Francesco Fiori, Agnes Schierhuber and Peder Wachtmeister.

The debate closed.

Vote: Minutes of 11.2.2004, Item 5.1

Minutes of 11.2.2004, Item 5.1

14.   Agricultural research (debate)

(debate)

Report on agriculture and agricultural research in the framework of CAP reform [2003/2052(INI)] — Committee on Agriculture and Rural Development. Rapporteur: Friedrich-Wilhelm Graefe zu Baringdorf (A5-0018/2004).

Friedrich-Wilhelm Graefe zu Baringdorf introduced the report.

Franz Fischler (Member of the Commission) spoke.

The following spoke: Agnes Schierhuber, on behalf of the PPE-DE Group, María Izquierdo Rojo, on behalf of the PSE Group, Christel Fiebiger, on behalf of the GUE/NGL Group, and Liam Hyland, on behalf of the UEN Group.

The debate closed.

Vote: Minutes of 11.2.2004, Item 5.2

Minutes of 11.2.2004, Item 5.2

15.   Recovery of the Northern hake stock * (debate)

(debate)

Report on the proposal for a Council regulation establishing measures for the recovery of the Northern hake stock [COM(2003) 374 — C5-0314/2003 — 2003/0137(CNS)] — Committee on Fisheries. Rapporteur: Dominique F.C. Souchet (A5-0024/2004).

Franz Fischler (Member of the Commission) spoke.

Dominique F.C. Souchet introduced the report.

The following spoke: Daniel Varela Suanzes-Carpegna, on behalf of the PPE-DE Group, Rosa Miguélez Ramos, on behalf of the PSE Group, Patricia McKenna, on behalf of the Verts/ALE Group, Rijk van Dam, on behalf of the EDD Group, Struan Stevenson, Inger Schörling, Manuel Pérez Álvarez, Joaquim Piscarreta and Franz Fischler.

The debate closed.

Vote: Minutes of 12.2.2004, Item 5.5

Minutes of 12.2.2004, Item 5.5

(The sitting was suspended at 16.25, pending the start of the next item as scheduled in the agenda, and resumed at 16.30.)

(The sitting was suspended at 16.25, pending the start of the next item as scheduled in the agenda, and resumed at 16.30.)

IN THE CHAIR: Pat COX

President

16.   Broad political framework for the next financial perspective: Making Europe prosper — policy agenda and budgetary means for an enlarged Union 2007-2013 (statement followed by debate)

(statement followed by debate)

Commission statement: Broad political framework for the next financial perspective: Making Europe prosper — policy agenda and budgetary means for an enlarged Union 2007-2013.

Romano Prodi (President of the Commission) made the statement.

The following spoke: Terence Wynn (chairman of the BUDG Committee), James E.M. Elles, on behalf of the PPE-DE Group, Joan Colom i Naval, on behalf of the PSE Group, Graham R. Watson, on behalf of the ELDR Group, Francis Wurtz, 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, José Ignacio Salafranca Sánchez-Neyra, Ralf Walter, Kyösti Tapio Virrankoski, Josu Ortuondo Larrea, Luís Queiró, Jens-Peter Bonde, Daniela Raschhofer, Françoise Grossetête, Emmanouil Mastorakis, Francesco Fiori, Reimer Böge, Salvador Garriga Polledo, Dick Roche (President-in-Office of the Council), Romano Prodi and Michaele Schreyer (Member of the Commission).

The debate closed.

IN THE CHAIR: Alonso José PUERTA

Vice-President

17.   Question Time (Commission)

(Commission)

Parliament considered a number of questions to the Commission (B5-0007/2004).

First part

First part

Olivier Dupuis protested at the fact that the question on the accession of Croatia, which he had tabled for the December 2003 part-session (Minutes of 15.12.2003, Item 4), and which had been held over until the January 2004 part-session and subsequently until the February part-session (Minutes of 9.2.2004, Item 4) was too far down the list to hope to receive an oral answer (the President replied that it was the Commission who decided which questions would be answered by which Commissioners.

Minutes of 15.12.2003, Item 4

Minutes of 9.2.2004, Item 4

Question 34 lapsed as its author was absent.

Question 34

Question 35 by Gerard Collins: Measures to promote low-cost air travel.

Question 35

Loyola de Palacio (Vice-President of the Commission) answered the question and supplementaries by Gerard Collins and Paul Rübig.

Question 36 by Claude Moraes: Free movement of labour for accession countries.

Question 36

Anna Diamantopoulou (Member of the Commission) answered the question and supplementaries by Claude Moraes, Timothy Kirkhope and Paul Rübig.

Question 37 by Bill Newton Dunn: Drug trafficking.

Question 37

António Vitorino (Member of the Commission) answered the question and supplementaries by Bill Newton Dunn and Lennart Sacrédeus.

Second part

Second part

Question 38 by Alexandros Alavanos: Biological purification plants.

Question 38

Michel Barnier (Member of the Commission) answered the question and a supplementary by Mihail Papayannakis (deputising for the author).

Question 39 by Juan Manuel Ferrández Lezaun: River Ebro diversion project.

Question 39

Michel Barnier answered the question and supplementaries by Juan Manuel Ferrández Lezaun, María Antonia Avilés Perea and María Luisa Bergaz Conesa.

Question 40 by Joan Vallvé: Cross-border regional cooperation.

Question 40

Michel Barnier answered the question and supplementaries by Joan Vallvé and Josu Ortuondo Larrea.

Questions 41 and 44 would receive written answers.

Questions 41 and 44

Question 45 by Bart Staes: WSIS — Civil Society.

Question 45

Erkki Liikanen (Member of the Commission) answered the question and supplementaries by Bart Staes and Malcolm Harbour.

Question 46 by Reino Paasilinna: Public web pages: suitability for the disabled.

Question 46

Erkki Liikanen answered the question and a supplementary by Reino Paasilinna.

Question 47 by Charlotte Cederschiöld: European Agency for Network and Information Security.

Question 47

Erkki Liikanen answered the question and a supplementary by Charlotte Cederschiöld.

Question 48 by Ewa Hedkvist Petersen: E-safety programme.

Question 48

Erkki Liikanen answered the question and supplementaries by Ewa Hedkvist Petersen and Malcolm Harbour.

Questions 49 and 50 would receive written answers.

Questions 49 and 50

Question 51 by Michael Gahler: Independence of the Hungarian Financial Supervisory Authority (PSZÁF).

Question 51

Günther Verheugen (Member of the Commission) answered the question and a supplementary by Michael Gahler.

Question 52 by Bernd Posselt: Restitution law in Romania.

Question 52

Günther Verheugen answered the question and a supplementary by Bernd Posselt.

Question 53 by Monica Frassoni: Elimination of voters from Maltese electoral lists.

Question 53

Günther Verheugen answered the question and a supplementary by Elisabeth Schroedter (deputising for the author).

Question 54 by Richard Howitt: The Baku-Ceyhan pipeline.

Question 54

Günther Verheugen answered the question and supplementaries by Richard Howitt and Geoffrey Van Orden.

Questions which had not been answered for lack of time would receive written answers.

Commission Question Time closed.

(The sitting, suspended at 19.55, resumed at 21.00.)

(The sitting, suspended at 19.55, resumed at 21.00.)

IN THE CHAIR: James L.C. PROVAN

Vice-President

18.   Problems with salmon (statement followed by debate)

(statement followed by debate)

Commission statement: Problems with salmon.

David Byrne (Member of the Commission) made the statement.

The following spoke: Françoise Grossetête, Catherine Stihler, Paavo Väyrynen, Patricia McKenna, Seán Ó Neachtain, Dominique F.C. Souchet, Struan Stevenson, Chairman of the PECH Committee, Ian Stewart Hudghton, Caroline Lucas and David Byrne.

The debate closed.

19.   Crisis in the steel sector (statement followed by debate)

(statement followed by debate)

Commission statement: Crisis in the steel sector.

Anna Diamantopoulou (Member of the Commission) made the statement.

The following spoke: Antonio Tajani, on behalf of the PPE-DE Group, Guido Sacconi, on behalf of the PSE Group, Giorgio Calò, on behalf of the ELDR Group, Luisa Morgantini, on behalf of the GUE/NGL Group, Roberta Angelilli, on behalf of the UEN Group, Benedetto Della Vedova, Non-attached Member, Gérard Caudron and Anna Diamantopoulou.

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

| — | Generoso Andria, Giorgio Lisi and Antonio Tajani, on behalf of the PPE-DE Group, on the crisis in the steel sector (B5-0093/2004) |
| --- | --- |

—

Generoso Andria, Giorgio Lisi and Antonio Tajani, on behalf of the PPE-DE Group, on the crisis in the steel sector (B5-0093/2004)

| — | Stephen Hughes, Pasqualina Napoletano, Giorgio Ruffolo, Guido Sacconi and Walter Veltroni, on behalf of the PSE Group, on the crisis in the iron and steel sector, with particular reference to the case of AST/TK in Terni (B5-0076/2004) |
| --- | --- |

—

Stephen Hughes, Pasqualina Napoletano, Giorgio Ruffolo, Guido Sacconi and Walter Veltroni, on behalf of the PSE Group, on the crisis in the iron and steel sector, with particular reference to the case of AST/TK in Terni (B5-0076/2004)

| — | Giorgio Calò, Armando Cossutta, Antonio Di Pietro, Francesco Rutelli and Luciana Sbarbati, on the crisis in the steel sector (AST/Thyssen Krupp) (B5-0089/2004) |
| --- | --- |

—

Giorgio Calò, Armando Cossutta, Antonio Di Pietro, Francesco Rutelli and Luciana Sbarbati, on the crisis in the steel sector (AST/Thyssen Krupp) (B5-0089/2004)

| — | Giorgio Celli and Monica Frassoni, on behalf of the Verts/ALE Group, on the crisis in the steel industry (B5-0091/2004) |
| --- | --- |

—

Giorgio Celli and Monica Frassoni, on behalf of the Verts/ALE Group, on the crisis in the steel industry (B5-0091/2004)

| — | Sylviane H. Ainardi, Fausto Bertinotti, Gérard Caudron, Armando Cossutta and Luigi Vinci, on behalf of the GUE/NGL Group, on the case of Terni and the crisis in the iron and steel industry (B5-0090/2004) |
| --- | --- |

—

Sylviane H. Ainardi, Fausto Bertinotti, Gérard Caudron, Armando Cossutta and Luigi Vinci, on behalf of the GUE/NGL Group, on the case of Terni and the crisis in the iron and steel industry (B5-0090/2004)

| — | Roberta Angelilli, on behalf of the UEN Group, on the closure of the Terni steelworks (B5-0092/2004). |
| --- | --- |

—

Roberta Angelilli, on behalf of the UEN Group, on the closure of the Terni steelworks (B5-0092/2004).

The debate closed.

Vote: Minutes of 12.2.2004, Item 7.6

Minutes of 12.2.2004, Item 7.6

20.   Demographic trends in the European Union (Oral question with debate)

(Oral question with debate)

Oral question by Philip Bushill-Matthews and Bartho Pronk, on behalf of the PPE-DE Group, to the Commission: Demographic trends in the European Union (B5-0009/2004).

Philip Bushill-Matthews moved the oral question.

Anna Diamantopoulou (Member of the Commission) answered the oral question.

The following spoke: Regina Bastos, on behalf of the PPE-DE Group, Barbara Weiler, on behalf of the PSE Group, and Juan Manuel Ferrández Lezaun, on behalf of the Verts/ALE Group.

The debate closed.

21.   Agenda for next sitting

The President referred Members to the document ‘Agenda’ PE 340.723/OJME.

22.   Closure of sitting

The sitting closed at 22.35.

Julian Priestley

Secretary-General

Charlotte Cederschiöld

Vice-President

---

ATTENDANCE REGISTER

The following signed:

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

Observers

Bagó, Balsai, Bastys, Beneš, Beňová, Biela, Bielan, Kazys Jaunutis Bobelis, Christodoulidis, Chronowski, Zbigniew Chrzanowski, Ciemniak, Cilevičs, Cybulski, Demetriou, Drzęźla, Ékes, Falbr, Fazakas, Filipek, Gałażewski, Gawłowski, Genowefa Grabowska, Gruber, Grzebisz-Nowicka, Gurmai, Horvat, Ilves, Jerzy Jaskiernia, Kamiński, Kāposts, Kelemen, Kiršteins, Kļaviņš, Kłopotek, Klukowski, Kósėné Kovács, Kowalska, Kozlík, Kriščiūnas, Daniel Kroupa, Kuzmickas, Kvietkauskas, Landsbergis, Lepper, Janusz Lewandowski, Liberadzki, Libicki, Liepiņa, Lisak, Litwiniec, Lydeka, Łyżwiński, Maldeikis, Manninger, Matsakis, Őry, Palečková, Pasternak, Pęczak, Alojz Peterle, Pieniążek, Plokšto, Podgórski, Pospíšil, Protasiewicz, Rutkowski, Savi, Sefzig, Ševc, Siekierski, Smorawiński, Surján, Szabó, Szájer, Szczygło, Tabajdi, Tomaka, Tomczak, Vaculík, Valys, Vastagh, Vella, Vėsaitė, Wenderlich, Widuch, Winiarczyk-Kossakowska, Wiśniowska, Wittbrodt, Zėborská, Żenkiewicz, Žiak.

---

ANNEX 1

RESULTS OF VOTES

Abbreviations and symbols

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

+

adopted

-

rejected

↓

lapsed

W

withdrawn

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

roll-call vote (for, against, abstentions)

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

electronic vote (for, against, abstentions)

split

split vote

sep

separate vote

am

amendment

CA

compromise amendment

CP

corresponding part

D

deleting amendment

=

identical amendments

§

paragraph

art

article

rec

recital

MOT

motion for a resolution

JT MOT

joint motion for a resolution

SEC

secret ballot

1.   EU-Croatia agreement on transitional HGV points system *

Simplified procedure (C5-0033/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

proposal for a decision

+

2.   EU-Slovenia agreement on transitional HGV points system *

Simplified procedure (C5-0034/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

proposal for a decision

+

3.   EU-Swiss Confederation administrative arrangement on transitional HGV points system *

Simplified procedure (C5-0035/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

proposal for a decision

+

4.   EU-Former Yugoslav Republic of Macedonia agreement on transitional HGV points system *

Simplified procedure (C5-0036/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

proposal for a decision

+

5.   Vehicles hired without drivers ***I

Report: GARGANI (A5-0030/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

6.   Convention on International Civil Aviation ***I

Report: GARGANI (A5-0032/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

7.   Participation by new Member States in the EEA ***

Report: BERENGUER FUSTER (A5-0054/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

8.   Committee on monetary, financial and balance of payments statistics *

Report: GARGANI (A5-0033/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

9.   COM in pigmeat *

Report: GARGANI (A5-0031/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

10.   Quarterly financial accounts for general government ***II

Recommendation for second reading: LULLING (A5-0039/2004)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| approval without vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

approval without vote

+

11.   Social Protection Committee *

Report: PRONK (A5-0037/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

12.   Pollution of the Mediterranean *

Report: JACKSON (A5-0050/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

13.   North-east Atlantic fisheries *

Report: STEVENSON (A5-0011/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

14.   Incidential catches of cetaceans *

Report: KINDERMANN (A5-0020/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

15.   Protection of deep-water coral reefs off Scotland *

Report: ATTWOOLL (A5-0019/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

16.   Transfer of direct actions from the Court of Justice to the Court of First Instance *

Report: GIL-ROBLES GIL-DELGADO (A5-0046/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

17.   Statute of the Court of Justice *

Report: ROTHLEY (A5-0049/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

18.   Convention on International Interests in Mobile Equipment *

Report: WUERMELING (A5-0043/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

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

19.   COM in flax and hemp grown for fibre *

Report: DAUL (A5-0029/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

20.   Defence of Mr Pannella's parliamentary immunity

Report: ZIMERAY (A5-0051/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

21.   Remote island communities and fisheries

Report: SUDRE (A5-0014/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

22.   ACP-EU Joint Parliamentary Assembly in 2003

Report: FLESCH (A5-0013/2004)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 494, 5, 15 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

494, 5, 15

23.   European Centre for Disease Prevention and Control ***

Report: BOWIS (A5-0038/2004) I

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| text as a whole | Block 1 | committee + 5 political groups | | + | |
| Block 2 | committee | | ↓ | |
| art 8 | 33 | ELDR | | - | |
| 34 | ELDR | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

text as a whole

Block 1

committee + 5 political groups

+

Block 2

committee

↓

art 8

33

ELDR

-

34

ELDR

-

vote: amended proposal

+

vote: legislative resolution

+

Block 1 = 87 amendments by the ENVI Committee and by 5 political groups (amendments 2 to 4, 9 to 18, 21, 23 to 29, 32, 35 to 99)

Block 2 = 10 amendments by the ENVI Committee (amendments 1, 5 to 8, 19, 20 22, 30 and 31)

24.   Preparations for 60th session of the UN Commission on Human Rights

Motion for a resolution: B5-0050/2004

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| motion for a resolution B5-0050/2004




  (AFET Committee) |
| after § 13 | 7 | GUE/NGL | EV | + | 241, 231, 27 |
| § 14 | 9 | Verts/ALE | | - | |
| § 15 | 4 | PPE-DE | | + | |
| 8 | Verts/ALE | | + | |
| § | original text | split | | |
| 1 | + | |
| 2 | + | |
| after § 15 | 15 | ELDR, Verts/ALE | | + | |
| § 16 | 2 | PPE-DE | EV | - | 230, 269, 10 |
| § 18 | 11 | Verts/ALE | | - | |
| after § 18 | 12 | Verts/ALE | EV | + | 272, 235, 5 |
| § 19 | 5 | PPE-DE | | + | |
| 1 | UEN | | - | |
| 3 | PPE-DE | | - | |
| § 20 | 13 | Verts/ALE | | + | |
| § 24 | 14 | GUE/NGL | EV | + | 438, 32, 34 |
| after § 24 | 16 | Verts/ALE | split | | |
| 1 | - | |
| 2 | ↓ | |
| rec H | | original text | split | | |
| 1 | + | |
| 2 | + | |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

motion for a resolution B5-0050/2004

(AFET Committee)

after § 13

7

GUE/NGL

EV

+

241, 231, 27

§ 14

9

Verts/ALE

-

§ 15

4

PPE-DE

+

8

Verts/ALE

+

§

original text

split

1

+

2

+

after § 15

15

ELDR, Verts/ALE

+

§ 16

2

PPE-DE

EV

-

230, 269, 10

§ 18

11

Verts/ALE

-

after § 18

12

Verts/ALE

EV

+

272, 235, 5

§ 19

5

PPE-DE

+

1

UEN

-

3

PPE-DE

-

§ 20

13

Verts/ALE

+

§ 24

14

GUE/NGL

EV

+

438, 32, 34

after § 24

16

Verts/ALE

split

1

-

2

↓

rec H

original text

split

1

+

2

+

vote: resolution (as a whole)

+

Amendments 6 and 10 had been cancelled.

Requests for split votes

PSE

§ 15

1st part: text as a whole except the words ‘and Xinjiang’

2nd part: those words

rec H

1st part: text as a whole except the words ‘and Xinjiang’

2nd part: those words

ELDR

am 16

1st part:‘Calls on the Council ... the planned Sharia law,’

2nd part:‘as well as to the situation ... expulsion to Turkey,‘

25.   Credit rating agencies

Report: KATIFORIS (A5-0040/2004)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| after § 4 | 6 | PSE | EV | - | 248, 253, 10 |
| 7 | PSE | EV | - | 183, 290, 32 |
| 8 | PSE | | + | Amended orally |
| 10 | GUE/NGL | | - | |
| after § 5 | 3 | Verts/ALE | EV | - | 213, 291, 7 |
| § 8 | 9 | GUE/NGL | | - | |
| after § 12 | 4 | Verts/ALE | | - | |
| 5 | Verts/ALE | | - | |
| after recital D | 1 | Verts/ALE | | - | |
| after rec J | 2 | Verts/ALE | | + | |
| vote: resolution (as a whole) | RCV | + | 453, 41, 43 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

after § 4

6

PSE

EV

-

248, 253, 10

7

PSE

EV

-

183, 290, 32

8

PSE

+

Amended orally

10

GUE/NGL

-

after § 5

3

Verts/ALE

EV

-

213, 291, 7

§ 8

9

GUE/NGL

-

after § 12

4

Verts/ALE

-

5

Verts/ALE

-

after recital D

1

Verts/ALE

-

after rec J

2

Verts/ALE

+

vote: resolution (as a whole)

RCV

+

453, 41, 43

Requests for roll-call votes

PSE: final vote

Other information

The rapporteur had proposed an oral amendment replacing the word ‘Authority’ by the word ‘Regime’ in amendment 8. The President established that there was no opposition to the oral amendment.

26.   Private and state undertakings in developing countries

Report: MODROW (A5-0015/2004)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 1 | 4 | PPE-DE | | + | |
| § | original text | sep | ↓ | |
| § 2 | 5 | PPE-DE | EV | + | 272, 253, 2 |
| § | original text | | ↓ | |
| § 3 | 6 | PPE-DE | EV | + | 254, 246, 30 |
| § | original text | | ↓ | |
| § 4 | | original text | sep/EV | + | 290, 233, 5 |
| § 5 | 7 | PPE-DE | EV | - | 247, 237, 41 |
| § 6 | 12 | ELDR | | + | |
| 8 | PPE-DE | | ↓ | |
| § | original text | sep | | |
| § 7 | 9 D | PPE-DE | | + | |
| after § 8 | 10 | PPE-DE | | + | |
| § 11 | | original text | sep | + | |
| § 13 | 11 | PPE-DE | | + | |
| § | original text | | ↓ | |
| § 24 | | original text | sep | - | |
| § 26 | | original text | RCV | - | 232, 261, 41 |
| § 28 | | original text | sep | - | |
| § 29 | | original text | sep | - | |
| recital B | 1 | PPE-DE | | + | |
| § | original text | | ↓ | |
| rec C | 2 | PPE-DE | EV | + | 272, 247, 6 |
| § | original text | | ↓ | |
| recital E | 3 | PPE-DE | | + | |
| vote: resolution (as a whole) | RCV | + | 407, 58, 71 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 1

4

PPE-DE

+

§

original text

sep

↓

§ 2

5

PPE-DE

EV

+

272, 253, 2

§

original text

↓

§ 3

6

PPE-DE

EV

+

254, 246, 30

§

original text

↓

§ 4

original text

sep/EV

+

290, 233, 5

§ 5

7

PPE-DE

EV

-

247, 237, 41

§ 6

12

ELDR

+

8

PPE-DE

↓

§

original text

sep

§ 7

9 D

PPE-DE

+

after § 8

10

PPE-DE

+

§ 11

original text

sep

+

§ 13

11

PPE-DE

+

§

original text

↓

§ 24

original text

sep

-

§ 26

original text

RCV

-

232, 261, 41

§ 28

original text

sep

-

§ 29

original text

sep

-

recital B

1

PPE-DE

+

§

original text

↓

rec C

2

PPE-DE

EV

+

272, 247, 6

§

original text

↓

recital E

3

PPE-DE

+

vote: resolution (as a whole)

RCV

+

407, 58, 71

Requests for roll-call votes

PPE-DE: § 26, final vote

Requests for separate vote

PPE-DE: §§ 1, 4, 6, 11, 24, 28, 29

27.   Integrated pollution prevention and control

Report: FLEMMING (A5-0034/2004)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 1 | 1 | Verts/ALE | | - | |
| § | original text | sep | + | |
| § 8 | | original text | split | | |
| 1 | + | |
| 2 | + | |
| vote: resolution (as a whole) | RCV | + | 514, 10, 10 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 1

1

Verts/ALE

-

§

original text

sep

+

§ 8

original text

split

1

+

2

+

vote: resolution (as a whole)

RCV

+

514, 10, 10

Requests for roll-call votes

PPE-DE: final vote

Requests for separate vote

Verts/ALE: § 1

Requests for split votes

Verts/ALE

§ 8

1st part: up to ‘limit values’

2nd part: remainder

28.   Scientific and technical advice for Community fisheries

Report: LAGE (A5-0023/2004)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| after § 6 | 1 | Verts/ALE | RCV | + | 494, 12, 18 |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

after § 6

1

Verts/ALE

RCV

+

494, 12, 18

vote: resolution (as a whole)

+

Requests for roll-call votes

Verts/ALE: am 1

---

ANNEX II

RESULT OF ROLL-CALL VOTES

Flesch report A5-0013/2004

Resolution

For: 494

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, De Clercq, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Ries, Riis-Jørgensen, Sanders-ten Holte, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Dary, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Marset Campos, Meijer, Modrow, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Berthu, Beysen, Bonino, Borghezio, Dell'Alba, Della Vedova, Dupuis, Garaud, Gobbo, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, de La Perriere, Mennea, Raschhofer, Souchet, Speroni, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cushnahan, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Hortefeux, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langen, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Sommer, Stauner, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tannock, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Xarchakos, Zacharakis, Zimmerling, Zissener

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

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

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Cohn-Bendit, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, de Roo, Rühle, Schörling, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 5

EDD: Booth, Titford

GUE/NGL: Bordes, Cauquil, Laguiller

Abstention: 15

GUE/NGL: Alyssandrakis, Korakas, Krarup, Krivine, Patakis, Vachetta

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

PSE: Dehousse, Martin Hans-Peter

Katiforis report A5-0040/2004

Resolution

For: 453

EDD: Belder, Blokland, van Dam, Kuntz

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

GUE/NGL: Caudron, Dary, Herzog, Koulourianos, Marset Campos, Naïr, Puerta, Scarbonchi

NI: Berthu, Beysen, Bonino, Borghezio, Dell'Alba, Della Vedova, Dupuis, Garaud, Gobbo, Gollnisch, Hager, Ilgenfritz, Kronberger, Lang, de La Perriere, Martinez, Mennea, Raschhofer, Souchet, Speroni, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cushnahan, Daul, Deprez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Xarchakos, Zacharakis, Zappalà, Zimmerling, Zissener

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

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

Verts/ALE: Gahrton, Graefe zu Baringdorf, MacCormick, Nogueira Román, Sörensen, Voggenhuber, Wuori

Against: 41

EDD: Booth, Farage, Titford

GUE/NGL: Bordes, Brie, Cauquil, Fiebiger, Figueiredo, Laguiller, Manisco, Ribeiro

PPE-DE: von Wogau

PSE: Martin Hans-Peter

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Hudghton, Isler Béguin, Lagendijk, Lambert, Lipietz, Lucas, McKenna, Maes, Mayol i Raynal, Onesta, de Roo, Rühle, Schörling, Staes, Turmes, Wyn

Abstention: 43

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

GUE/NGL: Ainardi, Alyssandrakis, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Di Lello Finuoli, Eriksson, Frahm, Fraisse, Jové Peres, Kaufmann, Korakas, Krarup, Krivine, Meijer, Modrow, Morgantini, Patakis, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vachetta, Vinci, Wurtz

NI: Claeys, Dillen, de Gaulle, Gorostiaga Atxalandabaso, Stirbois

Verts/ALE: Cohn-Bendit, Jonckheer

Modrow report A5-0015/2004

Paragraph 26

For: 232

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

ELDR: Dybkjær, Nordmann, Van Hecke

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Dary, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Raschhofer

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

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Cohn-Bendit, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lipietz, MacCormick, Maes, Mayol i Raynal, Onesta, de Roo, Rühle, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 261

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

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, van den Bos, Busk, Calò, Davies, De Clercq, Duff, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Bordes, Cauquil, Laguiller

NI: Berthu, Beysen, Bonino, Dell'Alba, Della Vedova, Dupuis, Hager, de La Perriere, Souchet, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cushnahan, Daul, Deprez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jackson, Jarzembowski, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Xarchakos, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Malliori

UEN: Angelilli, Queiró

Verts/ALE: McKenna

Abstention: 41

GUE/NGL: Alyssandrakis, Korakas, Krarup, Krivine, Patakis, Schröder Ilka, Vachetta

NI: Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gobbo, Gollnisch, Lang, Martinez, Mennea, Speroni, Stirbois

PSE: Dehousse

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

Verts/ALE: Gahrton, Lucas, Schörling

Modrow report A5-0015/2004

Resolution

For: 407

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

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

NI: Berthu, Beysen, Hager, Ilgenfritz, Kronberger, Mennea, Raschhofer

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Costa Raffaele, Cushnahan, Daul, Deprez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Xarchakos, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, van den Berg, Berger, Bösch, Bowe, Campos, Carnero González, Casaca, Cercas, Cerdeira Morterero, Colom i Naval, Corbey, Díez González, Dührkop Dührkop, Duhamel, Ettl, Evans Robert J.E., Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Gill, Glante, Goebbels, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, Obiols i Germà, Paasilinna, Paciotti, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Rapkay, Read, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Ruffolo, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Soares, Sornosa Martínez, Souladakis, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Vattimo, Veltroni, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba

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

Verts/ALE: Celli, Turmes

Against: 58

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

GUE/NGL: Alyssandrakis, Bordes, Brie, Cauquil, Di Lello Finuoli, Figueiredo, Kaufmann, Korakas, Krarup, Krivine, Laguiller, Manisco, Meijer, Patakis, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Vachetta, Vinci

NI: Bonino, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, de Gaulle, Gollnisch, Lang, Martinez, Stirbois

PPE-DE: Callanan, Hannan

PSE: Carlotti, Ceyhun, Corbett, Darras, Dehousse, Dhaene, Duin, El Khadraoui, Gillig, Görlach, Gröner, Guy-Quint, Karlsson, Rocard, Roure, Sousa Pinto, Van Lancker, Zrihen

Verts/ALE: Mayol i Raynal

Abstention: 71

EDD: Andersen, Bonde, Sandbæk

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Caudron, Dary, Eriksson, Fiebiger, Frahm, Fraisse, Herzog, Jové Peres, Marset Campos, Modrow, Morgantini, Naïr, Puerta, Ribeiro, Scarbonchi, Uca, Wurtz

NI: Borghezio, Garaud, Gobbo, Gorostiaga Atxalandabaso, de La Perriere, Souchet, Speroni, Varaut

PPE-DE: Maat

PSE: Ferreira, Martin Hans-Peter, Mendiluce Pereiro

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lipietz, Lucas, MacCormick, McKenna, Maes, Nogueira Román, Onesta, de Roo, Rühle, Schörling, Sörensen, Staes, Voggenhuber, Wuori, Wyn

Flemming report A5-0034/2004

Resolution

For: 514

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

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

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

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

PPE-DE: Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cushnahan, Daul, Deprez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Xarchakos, Zacharakis, Zappalà, Zimmerling, Zissener

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

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

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Cohn-Bendit, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, de Roo, Rühle, Schörling, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 10

EDD: Booth, Farage, Titford

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

Abstention: 10

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

NI: Bonino, Dell'Alba, Della Vedova, Dupuis, Garaud

Lage report A5-0023/2004

Amendment 1

For: 494

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Davies, De Clercq, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Sanders-ten Holte, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Dary, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Krarup, Krivine, Manisco, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vachetta, Wurtz

NI: Beysen, Borghezio, Garaud, Gobbo, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Mennea, Raschhofer, Speroni

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Banotti, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bowis, Bradbourn, Bremmer, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cushnahan, Daul, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Folias, Foster, Fourtou, Friedrich, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klaß, Knolle, Koch, Konrad, Korhola, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Xarchakos, Zacharakis, Zappalà, Zimmerling, Zissener

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

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

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Cohn-Bendit, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, de Roo, Rühle, Schörling, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 12

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

NI: Berthu, de La Perriere, Souchet, Varaut

PSE: Dehousse

Abstention: 18

EDD: Booth, Farage, Titford

GUE/NGL: Bordes, Cauquil, Laguiller, Patakis

NI: Bonino, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, de Gaulle, Gollnisch, Lang, Martinez, Stirbois

---

TEXTS ADOPTED

P5_TA(2004)0056

EU-Croatia agreement on transitional HGV points system *

Proposal for a Council decision on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Republic of Croatia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria (COM(2003) 833 — C5-0033/2004 — 2003/0319(CNS))

(Consultation procedure)

The procedure was approved.

P5_TA(2004)0057

EU-Slovenia agreement on transitional HGV points system *

Proposal for a Council decision on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the Republic of Slovenia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria from 1 January 2004 to 30 April 2004 (COM(2003) 835 — C5-0034/2004 — 2003/0320(CNS))

(Consultation procedure)

The procedure was approved.

P5_TA(2004)0058

EU-Swiss Confederation administrative arrangement on transitional HGV points system *

Proposal for a Council decision on the conclusion of an administrative arrangement in the form of an exchange of letters between the European Community and the Swiss Confederation concerning the transitional points system applicable to heavy goods vehicles travelling through Austria (COM(2003) 836 — C5-0035/2004 — 2003/0322(CNS))

(Consultation procedure)

The procedure was approved.

P5_TA(2004)0059

EU-Former Yugoslav Republic of Macedonia agreement on transitional HGV points system *

Proposal for a Council decision on the conclusion of an Agreement in the form of an exchange of letters between the European Community and the former Yugoslav Republic of Macedonia concerning the transitional points system applicable to heavy goods vehicles travelling through Austria (COM(2003) 837 — C5-0036/2004 — 2003/0323(CNS))

(Consultation procedure)

The procedure was approved.

P5_TA(2004)0060

Vehicles hired without drivers ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive on the use of vehicles hired without drivers for the carriage of goods by road (codified version) (COM(2003) 559 — C5-0448/2003 — 2003/0221(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003)559) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003)559) (1),

| — | having regard to Articles 251(2) and 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0448/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0448/2003),

| — | having regard to Rules 67, 89 and 158(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67, 89 and 158(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0030/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0030/2004),

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

1.

Approves the Commission proposal;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P5_TA(2004)0061

Convention on International Civil Aviation ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive on the regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex 16 to the Convention on International Civil Aviation, second edition (1988) (codified version) (COM(2003) 524 — C5-0425/2003 — 2003/0207(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003)524) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003)524) (1),

| — | having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0425/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0425/2003),

| — | having regard to Rules 67, 89 and 158(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67, 89 and 158(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0032/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0032/2004),

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

1.

Approves the Commission proposal;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P5_TA(2004)0062

Participation by new Member States in the EEA ***

European Parliament legislative resolution on the proposal for a Council decision on the conclusion of an Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European Economic Area and four related agreements (11902/2003 — COM(2003) 439 — C5-0626/2003 — 2003/0160(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2003) 439) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2003) 439) (1),

| — | having regard to the conclusion of the agreement (11902/2003), |
| --- | --- |

—

having regard to the conclusion of the agreement (11902/2003),

| — | having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with the second sentence of the first subparagraph of Article 300(2) and Article 310 of the EC Treaty (C5-0626/2003), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with the second sentence of the first subparagraph of Article 300(2) and Article 310 of the EC Treaty (C5-0626/2003),

| — | having regard to Rules 86, 97(7) and 158(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 86, 97(7) and 158(1) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Industry, External Trade, Research and Energy (A5-0054/2004), |
| --- | --- |

—

having regard to the recommendation of the Committee on Industry, External Trade, Research and Energy (A5-0054/2004),

| 1. | Gives its assent to conclusion of the agreement; |
| --- | --- |

1.

Gives its assent to conclusion of the agreement;

| 2. | Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic.

---

(1)  Not yet published in OJ.

P5_TA(2004)0063

Committee on monetary, financial and balance of payments statistics *

European Parliament legislative resolution on the proposal for a Council decision establishing a Committee on monetary, financial and balance of payments statistics (codified version) (COM(2003) 298 — C5-0259/2003 — 2003/0103(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 298) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 298) (1),

| — | having regard to the EC Treaty, pursuant to which the Council consulted Parliament (C5-0259/2003), |
| --- | --- |

—

having regard to the EC Treaty, pursuant to which the Council consulted Parliament (C5-0259/2003),

| — | having regard to Rules 67, 89 and 158(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67, 89 and 158(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0033/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0033/2004),

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

1.

Approves the Commission proposal;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P5_TA(2004)0064

COM in pigmeat *

European Parliament legislative resolution on the proposal for a Council regulation on the common organisation of the market in pig meat (codified version) (COM(2003) 297 — C5-0308/2003 — 2003/0104(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 297) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 297) (1),

| — | having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0308/2003), |
| --- | --- |

—

having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0308/2003),

| — | having regard to Rules 67, 89 and 158(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67, 89 and 158(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0031/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0031/2004),

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

1.

Approves the Commission proposal;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P5_TA(2004)0065

Quarterly financial accounts for general government ***II

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council regulation on quarterly financial accounts for general government (15172/1/2003 — C5-0020/2004 — 2003/0095(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (15172/1/2003 — C5-0020/2004) (1), |
| --- | --- |

—

having regard to the Council common position (15172/1/2003 — C5-0020/2004) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2003) 242) (1), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2003) 242) (1),

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

—

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

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

—

having regard to Rule 78 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs (A5-0039/2004), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs (A5-0039/2004),

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

1.

Approves the common position;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

---

(1)  Not yet published in OJ.

(2)  Texts adopted, 21.10.2003, P5_TA(2003)0436.

P5_TA(2004)0066

Social Protection Committee *

European Parliament legislative resolution on the proposal for a Council decision establishing a Social Protection Committee (COM(2003) 305 — C5-0317/2003 — 2003/0133(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 305) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 305) (1),

| — | having regard to Article 144 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0317/2003), |
| --- | --- |

—

having regard to Article 144 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0317/2003),

| — | 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 Employment and Social Affairs and the opinion of the Committee on Women's Rights and Equal Opportunities (A5-0037/2004), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Women's Rights and Equal Opportunities (A5-0037/2004),

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Article 1, paragraph 2, point (aa) (new) |
| | (aa) | to pay particular attention to poverty issues and to progress in social inclusion within the Member States and in the accession countries. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Article 1, paragraph 2, point (aa) (new)

(aa)

Amendment 2

Article 1, paragraph 2, point (c)

| (c) | without prejudice to Article 207 of the Treaty
  ,
  to prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative. |
| --- | --- |

(c)

without prejudice to Article 207 of the Treaty
  ,
  to prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.

| (c) | without prejudice to Article 207 of the Treaty,
  to prepare an annual joint report on social protection to be submitted to the Council and to the European Parliament reporting on the common objectives adopted by the Council and
  to prepare
  any other
  reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative. |
| --- | --- |

(c)

without prejudice to Article 207 of the Treaty,
  to prepare an annual joint report on social protection to be submitted to the Council and to the European Parliament reporting on the common objectives adopted by the Council and
  to prepare
  any other
  reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.

Amendment 3

Article 1, paragraph 2, subparagraph 1a (new)

In fulfilling its duties the Committee shall incorporate the gender dimension horizontally and report on the specific difficulties encountered by women, not least in relation to the feminisation of poverty and changes in family models. It would therefore be desirable to introduce sex-disaggregated indicators that focus on the individual rather than on the household.

Amendment 4

Article 1, paragraph 4

| 4. | In fulfilling its mandate, the Committee shall establish appropriate contacts with the social partners. |
| --- | --- |

4.

In fulfilling its mandate, the Committee shall establish appropriate contacts with the social partners.

| 4. | In fulfilling its mandate, the Committee shall establish appropriate contacts with the social partners
  and, where appropriate, aim for a more structured engagement in its working methods with all relevant bodies such as NGOs that work with people actually experiencing poverty
  . |
| --- | --- |

4.

In fulfilling its mandate, the Committee shall establish appropriate contacts with the social partners
  and, where appropriate, aim for a more structured engagement in its working methods with all relevant bodies such as NGOs that work with people actually experiencing poverty
  .

Amendment 5

Article 1, paragraph 4a (new)

| 4a. | The Committee shall include a specific chapter, containing European Parliament points of views on Social Protection matters, in its reports, opinions and other works. |
| --- | --- |

4a.

Amendment 6

Article 1, paragraph 4b (new)

| 4b. | An effective system of providing information shall be established in an appropriate way so as to enable the European Parliament to follow matters up on a regular basis. |
| --- | --- |

4b.

Amendment 7

Article 2, paragraph 1, subparagraph 1a (new)

Expenses shall be reimbursed as regards one representative per Member State only.

Amendment 8

Article 2, paragraph 1, subparagraph 2

Member States and the Commission
  shall use their best endeavours to achieve a gender balance in the composition of delegations.

Gender balance shall be maintained in the composition of delegations.
  Member States and the Commission
  must ensure this balance is achieved.

Amendment 9

Article 2, paragraph 2a (new)

| 2a. | The Committee shall regularly provide information to and consul representatives of the accession countries. |
| --- | --- |

2a.

---

(1)  Not yet published in OJ.

P5_TA(2004)0067

Pollution of the Mediterranean *

European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Protocol to the Barcelona Convention for the Protection of the Mediterranean Sea against Pollution, concerning cooperation to prevent pollution by ships and, in cases of emergency, to combat pollution of the Mediterranean (COM(2003) 588 — C5-0497/2003 — 2003/0228(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2003) 588) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2003) 588) (1),

| — | having regard to Articles 175(1) and 300(2), first subparagraph of the EC Treaty, |
| --- | --- |

—

having regard to Articles 175(1) and 300(2), first subparagraph of the EC Treaty,

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0497/2003), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0497/2003),

| — | having regard to Rules 67 and 97(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 97(7) of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5-0050/2004), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5-0050/2004),

| 1. | Approves conclusion of the Protocol; |
| --- | --- |

1.

Approves conclusion of the Protocol;

| 2. | Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States.

---

(1)  Not yet published in OJ.

P5_TA(2004)0068

North-east Atlantic fisheries *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 2791/1999 laying down certain control measures applicable in the area covered by the Convention on future multilateral cooperation in the north-east Atlantic fisheries (COM(2003) 349 — C5-0284/2003 — 2003/0125(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 349) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 349) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0284/2003), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0284/2003),

| — | 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 Fisheries (A5-0011/2004), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A5-0011/2004),

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| ARTICLE 1a (new) |
| | Article 1a




  By ... (2) at the latest, the Commission shall submit a proposal for a regulation (applicable to all international fisheries organisations) in which Community powers and responsibilities as regards inspection and monitoring are clearly laid down. |
| Amendment 2 |
| ARTICLE 1b (new) |
| | Article 1b




  By ... (3), the Commission shall submit to Parliament and to the Council an up-to-date study of the cost of the inspection and monitoring services provided in the Member States by entities including central government and local and regional bodies with relevant powers and responsibilities and an assessment of the cost of a strictly Community body performing the same tasks as are currently carried out by those entities. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

ARTICLE 1a (new)

Article 1a

By ... (2) at the latest, the Commission shall submit a proposal for a regulation (applicable to all international fisheries organisations) in which Community powers and responsibilities as regards inspection and monitoring are clearly laid down.

Amendment 2

ARTICLE 1b (new)

Article 1b

By ... (3), the Commission shall submit to Parliament and to the Council an up-to-date study of the cost of the inspection and monitoring services provided in the Member States by entities including central government and local and regional bodies with relevant powers and responsibilities and an assessment of the cost of a strictly Community body performing the same tasks as are currently carried out by those entities.

---

(1)  Not yet published in OJ.

(2)  
  Six months after the date of entry into force of this Regulation.

(3)  
  One year from the date of entry into force of this Regulation.

P5_TA(2004)0069

Incidental catches of cetaceans *

European Parliament legislative resolution on the proposal for a Council regulation laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98 (COM(2003) 451 — C5-0358/2003 — 2003/0163(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 451) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 451) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0358/2003), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0358/2003),

| — | 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 Fisheries (A5-0020/2004), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A5-0020/2004),

| 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 |
| (1) | The objective of the common fisheries policy, as defined in Article 2 of Council Regulation (EC) No 2371/2002, is to ensure exploitation of living aquatic resources that provides sustainable economic, environmental and social conditions. To this end, the Community shall
  , among other things,
  minimise the impact of fishing activities on marine ecosystems
  , and
  the Common Fisheries Policy shall be consistent with other Community policies,
  in particular
  with environmental policy. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

RECITAL 1

(1)

The objective of the common fisheries policy, as defined in Article 2 of Council Regulation (EC) No 2371/2002, is to ensure exploitation of living aquatic resources that provides sustainable economic, environmental and social conditions. To this end, the Community shall
  , among other things,
  minimise the impact of fishing activities on marine ecosystems
  , and
  the Common Fisheries Policy shall be consistent with other Community policies,
  in particular
  with environmental policy.

| (1) | The objective of the common fisheries policy, as defined in Article 2 of Council Regulation (EC) No 2371/2002, is to ensure exploitation of living aquatic resources that provides sustainable economic, environmental and social conditions. To this end, the Community shall
  apply the precautionary approach in taking measures designed to protect and conserve living aquatic resources, to provide for their sustainable exploitation and to
  minimise the impact of fishing activities on marine eco-systems.
  Moreover,
  the common fisheries policy shall be consistent with other Community policies,
  including
  with environmental policy. |
| --- | --- |

(1)

The objective of the common fisheries policy, as defined in Article 2 of Council Regulation (EC) No 2371/2002, is to ensure exploitation of living aquatic resources that provides sustainable economic, environmental and social conditions. To this end, the Community shall
  apply the precautionary approach in taking measures designed to protect and conserve living aquatic resources, to provide for their sustainable exploitation and to
  minimise the impact of fishing activities on marine eco-systems.
  Moreover,
  the common fisheries policy shall be consistent with other Community policies,
  including
  with environmental policy.

Amendment 2

RECITAL 4

| (4) | Some acoustic devices have been developed to deter cetaceans from fishing gear, and have proven successful in reducing by-catch of cetacean species in static net fisheries. The use of such devices should therefore be required in areas and fisheries with known or foreseeable high levels of by-catch of small cetaceans. It is also necessary to establish the technical specifications for the efficiency of the acoustic deterrent devices to be used in such fisheries. |
| --- | --- |

(4)

Some acoustic devices have been developed to deter cetaceans from fishing gear, and have proven successful in reducing by-catch of cetacean species in static net fisheries. The use of such devices should therefore be required in areas and fisheries with known or foreseeable high levels of by-catch of small cetaceans. It is also necessary to establish the technical specifications for the efficiency of the acoustic deterrent devices to be used in such fisheries.

| (4) | Some acoustic devices have been developed to deter cetaceans from fishing gear, and have proven successful in reducing by-catch of cetacean species in static net fisheries
  in the short term.
  The use of such devices should therefore be required in areas and fisheries with known or foreseeable high levels of by-catch of small cetaceans. It is also necessary to establish the technical specifications for the efficiency of the acoustic deterrent devices to be used in such fisheries.
  In the long term, alternative methods to prevent the incidental killing of small cetaceans have to be developed, taking into consideration the outcomes of the monitoring and assessment. |
| --- | --- |

(4)

Some acoustic devices have been developed to deter cetaceans from fishing gear, and have proven successful in reducing by-catch of cetacean species in static net fisheries
  in the short term.
  The use of such devices should therefore be required in areas and fisheries with known or foreseeable high levels of by-catch of small cetaceans. It is also necessary to establish the technical specifications for the efficiency of the acoustic deterrent devices to be used in such fisheries.
  In the long term, alternative methods to prevent the incidental killing of small cetaceans have to be developed, taking into consideration the outcomes of the monitoring and assessment.

Amendment 3

RECITAL 4a (new)

| (4a) | For the investment required to purchase acoustic deterrent devices, fishermen and vessel owners may obtain grants from the Community under the Financial instrument for fisheries guidance (FIFG). |
| --- | --- |

(4a)

Amendment 4

RECITAL 5a (new)

| (5a) | Research is already under way into alternative fishing gear aimed at reducing the incidental catches of cetaceans, such as separator grids, and it is essential that the Commission both encourages and reacts expediently to the outcome of such research. |
| --- | --- |

(5a)

Amendment 5

RECITAL 6a (new)

| (6a) | In addition to this observer scheme, EU research projects should be commissioned as soon as possible to provide scientific support for the measures laid down in this Regulation, and in particular to investigate the impact of the acoustic deterrent devices on the cetacean population and the marine ecosystem, the development of alternative fishing gear and fishing methods and any other reasons for the decline in the cetacean population. |
| --- | --- |

(6a)

Amendment 6

RECITAL 7a (new)

| (7a) | In the light of the information in the Member States' reports and the results of the research projects commissioned, this Regulation should be reviewed in June 2007 at the latest. As part of the review a framework regulation should lay down a long-term strategy for counteracting cetacean by-catches which, if the data available at that stage allow, should be based on minimum population size for the respective cetacean species. |
| --- | --- |

(7a)

Amendment 7

RECITAL 8a (new)

| (8a) | For the costs of technical adaptation resulting from the ban on the use of drift-nets, fishermen and vessel owners may obtain grants under the FIFG. |
| --- | --- |

(8a)

Amendment 8

RECITAL 8b (new)

| (8b) | To enable the ban on the use of drift-nets in the Baltic to show its full effect, there is a need to incorporate the ban in the framework of bilateral agreements with Russia as well. |
| --- | --- |

(8b)

Amendment 9

ARTICLE 2, PARAGRAPH 3

| 3. | By way of derogation, paragraph 1 shall not apply to fishing operations conducted solely for the purpose of scientific investigation which are carried out with the authorisation and under the authority of the Member States or Member States concerned and which aim at developing new technical measures to reduce the incidental capture or killing of cetaceans. |
| --- | --- |

3.

By way of derogation, paragraph 1 shall not apply to fishing operations conducted solely for the purpose of scientific investigation which are carried out with the authorisation and under the authority of the Member States or Member States concerned and which aim at developing new technical measures to reduce the incidental capture or killing of cetaceans.

| 3. | By way of derogation, paragraph 1 shall not apply to fishing operations conducted solely for the purpose of scientific investigation which are carried out with the authorisation and under the authority of the Member States or Member States concerned and which aim at developing new technical measures to reduce the incidental capture or killing of cetaceans.
  Fish caught in such operations for investigation purposes may not be traded commercially. |
| --- | --- |

3.

By way of derogation, paragraph 1 shall not apply to fishing operations conducted solely for the purpose of scientific investigation which are carried out with the authorisation and under the authority of the Member States or Member States concerned and which aim at developing new technical measures to reduce the incidental capture or killing of cetaceans.
  Fish caught in such operations for investigation purposes may not be traded commercially.

Amendment 10

ARTICLE 6, PARAGRAPH 2

| 2. | On the basis of the observers' reports provided according to Article 5(3) and all other appropriate data, including those on fishing effort collected in application of Regulation (EC) No 1543/2000, the annual report shall include estimates of the overall incidental catches of cetaceans in each of the fisheries concerned. This report shall include an assessment of the conclusions of the observers' reports and any other appropriate information, including any research conducted within the Member States to reduce the incidental capture of cetaceans in fisheries. |
| --- | --- |

2.

On the basis of the observers' reports provided according to Article 5(3) and all other appropriate data, including those on fishing effort collected in application of Regulation (EC) No 1543/2000, the annual report shall include estimates of the overall incidental catches of cetaceans in each of the fisheries concerned. This report shall include an assessment of the conclusions of the observers' reports and any other appropriate information, including any research conducted within the Member States to reduce the incidental capture of cetaceans in fisheries.

| 2. | On the basis of the observers' reports provided according to Article 5(3) and all other appropriate data, including those on fishing effort collected in application of Regulation (EC) No 1543/2000, the annual report shall include estimates of the overall incidental catches of cetaceans in each of the fisheries concerned. This report shall include an assessment of the conclusions of the observers' reports and any other appropriate information, including any research conducted within the Member States to reduce the incidental capture of cetaceans in fisheries
  , particularly into the use of alternative fishing gear such as separator grids, and an assessment of the effect of using acoustic deterrent devices. In the annual reports the Member States shall also indicate what measures they have taken in application of Article 4(2)
  . |
| --- | --- |

2.

On the basis of the observers' reports provided according to Article 5(3) and all other appropriate data, including those on fishing effort collected in application of Regulation (EC) No 1543/2000, the annual report shall include estimates of the overall incidental catches of cetaceans in each of the fisheries concerned. This report shall include an assessment of the conclusions of the observers' reports and any other appropriate information, including any research conducted within the Member States to reduce the incidental capture of cetaceans in fisheries
  , particularly into the use of alternative fishing gear such as separator grids, and an assessment of the effect of using acoustic deterrent devices. In the annual reports the Member States shall also indicate what measures they have taken in application of Article 4(2)
  .

Amendment 11

ARTICLE 7

One year
  at the latest
  after the submission by Member States of their second annual report,
  the Commission shall report to the European Parliament and the Council on the operation of this Regulation in the light of the assessment by the Scientific, Technical and Economic Committee for Fisheries of the reports of the Member States.

In June 2007
  at the latest the Commission shall report to the European Parliament and the Council on the operation of this Regulation in the light of the assessment by the Scientific, Technical and Economic Committee for Fisheries of the reports of the Member States
  and, on the basis of information from the annual reports and other sources, put forward proposals to adapt this Regulation with a view to drawing up a framework regulation with a long-term conservation strategy. If the scientific data are sufficient for the purpose, as the basis of this strategy minimum population sizes in particular should be defined for the cetacean species concerned
  .

Amendment 12

ARTICLE 7, PARAGRAPH 1a (new)

If, however, an annual report from a Member State makes reference to any research conducted within the Member States to reduce the incidental capture of cetaceans in fisheries, the Commission shall communicate this information to the European Parliament and the Council, followed within one month by an initial assessment of the research. The Commission shall proceed expediently to table any new proposals that it deems appropriate in the light of the research.

Amendment 13

ARTICLE 9

Article 8a, paragraph 1 (Regulation (EC) No 88/98)

| 1. | From 1 January 2007, it shall be prohibited to keep on board, or use for fishing, drift-nets. |
| --- | --- |

1.

From 1 January 2007, it shall be prohibited to keep on board, or use for fishing, drift-nets.

| 1. | From 1 January 2007, it shall be prohibited to keep on board, or use for fishing, drift-nets.
  From the entry into force of Council Regulation (EC) No .../... laying down measures concerning incidental catches of cetaceans in fisheries (2), the selling or trade of drift-nets to third countries is prohibited. Competent authorities shall manage the destruction of these nets starting from January 2007 and shall put in place adequate compensation measures. |
| --- | --- |

1.

From 1 January 2007, it shall be prohibited to keep on board, or use for fishing, drift-nets.
  From the entry into force of Council Regulation (EC) No .../... laying down measures concerning incidental catches of cetaceans in fisheries (2), the selling or trade of drift-nets to third countries is prohibited. Competent authorities shall manage the destruction of these nets starting from January 2007 and shall put in place adequate compensation measures.

Amendment 14

ANNEX III, POINT (b), TABLE, AREA C, COLUMN 3

5 %
  (at least 3 vessels) (from April to November

10 %
  (at least 3 vessels) (from April to November

10 %
  (at least 3 vessels) (from December to March)

15 %
  (at least 3 vessels) (from December to March)

---

(1)  Not yet published in OJ.

(2)  
  OJ L ...

P5_TA(2004)0070

Protection of deep-water coral reefs off Scotland *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 850/98 as regards the protection of deep-water coral reefs from the effects of trawling in an area north west of Scotland (COM(2003) 519 — C5-0446/2003 — 2003/0201(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 519) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 519) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0446/2003), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0446/2003),

| — | 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 Fisheries (A5-0019/2004), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A5-0019/2004),

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| RECITAL 2a (new) |
| | (2a) | Council Regulation (EC) No 2371/2002 stipulates that the principles of good governance by which the new CFP should be guided include ‘a decision-making process based on sound scientific advice’ and ‘involvement of stakeholders at all stages’. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

RECITAL 2a (new)

(2a)

Amendment 2

RECITAL 3

| (3) | According to
  recent scientific reports, and in particular the reports of the International Council for the Exploration of the Sea
  , aggregations of deep-water corals (Lophelia pertusa) have been found and mapped
  in detail
  in an area north west of Scotland falling within the jurisdiction of the United Kingdom.
  Those
  aggregations, known as the ‘Darwin Mounds’, appear to be in good conservation status but show signs of damage
  due to bottom trawling operations
  . |
| --- | --- |

(3)

According to
  recent scientific reports, and in particular the reports of the International Council for the Exploration of the Sea
  , aggregations of deep-water corals (Lophelia pertusa) have been found and mapped
  in detail
  in an area north west of Scotland falling within the jurisdiction of the United Kingdom.
  Those
  aggregations, known as the ‘Darwin Mounds’, appear to be in good conservation status but show signs of damage
  due to bottom trawling operations
  .

| (3) | According to
  the 2002 report of the ICES Advisory Committee on Ecosystems (ACE)
  , aggregations of deepwater corals (Lophelia pertusa) have been found and mapped in an area north west of Scotland falling within the jurisdiction of the United Kingdom.
  Throughout the area containing those
  aggregations, known as the ‘Darwin Mounds’,
  as identified in the 2002 ACE report, the sand mounds topped with Lophelia coral (‘Darwin Mounds’)
  appear to be in good conservation status but
  some appear to
  show signs of damage
  caused by fishing gear
  . |
| --- | --- |

(3)

According to
  the 2002 report of the ICES Advisory Committee on Ecosystems (ACE)
  , aggregations of deepwater corals (Lophelia pertusa) have been found and mapped in an area north west of Scotland falling within the jurisdiction of the United Kingdom.
  Throughout the area containing those
  aggregations, known as the ‘Darwin Mounds’,
  as identified in the 2002 ACE report, the sand mounds topped with Lophelia coral (‘Darwin Mounds’)
  appear to be in good conservation status but
  some appear to
  show signs of damage
  caused by fishing gear
  .

Amendment 3

RECITAL 6

| (6) | According to the scientific evidence, recovery from damage to coral produced by trawl gear towed through the bottom is either impossible or very difficult and slow. It is therefore appropriate to prohibit the use of
  bottom trawls and similar
  gear in the area
  surrounding
  the Darwin Mounds. |
| --- | --- |

(6)

According to the scientific evidence, recovery from damage to coral produced by trawl gear towed through the bottom is either impossible or very difficult and slow. It is therefore appropriate to prohibit the use of
  bottom trawls and similar
  gear in the area
  surrounding
  the Darwin Mounds.

| (6) | According to the scientific evidence, recovery from damage to coral produced by trawl gear towed through the bottom is either impossible or very difficult and slow. It is therefore appropriate to prohibit the use of
  fishing
  gear
  likely to cause real damage to the coral reefs
  in the area
  containing
  the Darwin Mounds
  , as identified in the 2002 report of the ACE
  . |
| --- | --- |

(6)

According to the scientific evidence, recovery from damage to coral produced by trawl gear towed through the bottom is either impossible or very difficult and slow. It is therefore appropriate to prohibit the use of
  fishing
  gear
  likely to cause real damage to the coral reefs
  in the area
  containing
  the Darwin Mounds
  , as identified in the 2002 report of the ACE
  .

Amendment 4

RECITAL 6b (new)

| (6b) | In order to guard against any risk of discrimination, the Darwin Mound protection measures taken should be confined solely to fishing gear likely to cause real damage to the coral reefs. |
| --- | --- |

(6b)

Amendment 5

ARTICLE 1a (new)

Article 1a

The regional advisory councils shall be consulted on the management of fisheries on the Darwin Mounds.

---

(1)  Not yet published in OJ.

P5_TA(2004)0071

Transfer of direct actions from the Court of Justice to the Court of First Instance *

European Parliament legislative resolution on the draft Council decision amending the Protocol on the Statute of the Court of Justice of the European Communities (6283/2003 — C5-0057/2003 — 2003/0805(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the draft Council decision (6283/2003) (1), |
| --- | --- |

—

having regard to the draft Council decision (6283/2003) (1),

| — | having regard to Article 245(2) of the EC Treaty and Article 160(2) of the EAEC Treaty, pursuant to which the Council consulted Parliament (C5-0057/2003), |
| --- | --- |

—

having regard to Article 245(2) of the EC Treaty and Article 160(2) of the EAEC Treaty, pursuant to which the Council consulted Parliament (C5-0057/2003),

| — | 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 (A5-0046/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0046/2004),

| 1. | Approves the draft Council decision as amended; |
| --- | --- |

1.

Approves the draft Council decision as amended;

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

2.

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

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

3.

Asks the Council to consult Parliament again if it intends to amend the draft decision substantially;

| 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.

| COUNCIL TEXT | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| ARTICLE 1, POINT 1
  Article 51, paragraph 2 (Protocol on the Statute of the Court of Justice) |
| Jurisdiction shall also be reserved to the Court of Justice in the actions referred to in the same articles when they are brought by an institution of the Communities or by the European Central Bank against an act of or failure to act by the European Parliament, the Council, both those institutions acting jointly, or the Commission, or brought by an institution of the Communities against an act of or failure to act by the European Central Bank. | Jurisdiction shall also be reserved to the Court of Justice in the actions referred to in the same articles when they are brought by an institution of the Communities or by the European Central Bank against an act of or failure to act by the European Parliament, the Council, both those institutions acting jointly, or the Commission, or brought by an institution of the Communities against an act of or failure to act by the European Central Bank
  or by a Member of the European Parliament against an act of the latter concerning the performance of his or her electoral mandate
  . |

COUNCIL TEXT

AMENDMENTS BY PARLIAMENT

Amendment 1

ARTICLE 1, POINT 1

Article 51, paragraph 2 (Protocol on the Statute of the Court of Justice)

Jurisdiction shall also be reserved to the Court of Justice in the actions referred to in the same articles when they are brought by an institution of the Communities or by the European Central Bank against an act of or failure to act by the European Parliament, the Council, both those institutions acting jointly, or the Commission, or brought by an institution of the Communities against an act of or failure to act by the European Central Bank.

Jurisdiction shall also be reserved to the Court of Justice in the actions referred to in the same articles when they are brought by an institution of the Communities or by the European Central Bank against an act of or failure to act by the European Parliament, the Council, both those institutions acting jointly, or the Commission, or brought by an institution of the Communities against an act of or failure to act by the European Central Bank
  or by a Member of the European Parliament against an act of the latter concerning the performance of his or her electoral mandate
  .

---

(1)  Not yet published in OJ.

P5_TA(2004)0072

Statute of the Court of Justice *

European Parliament legislative resolution on the draft Council decision amending the Protocol on the Statute of the Court of Justice (12464/2003 — C5-0450/2003 — 2003/0820(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the draft Council decision (12464/2003) (1), |
| --- | --- |

—

having regard to the draft Council decision (12464/2003) (1),

| — | having regard to Article 245(2) of the EC Treaty and Article 160(2) of the Treaty establishing the European Atomic Energy Community, pursuant to which the Council consulted Parliament (C5-0450/2003), |
| --- | --- |

—

having regard to Article 245(2) of the EC Treaty and Article 160(2) of the Treaty establishing the European Atomic Energy Community, pursuant to which the Council consulted Parliament (C5-0450/2003),

| — | 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 (A5-0049/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0049/2004),

| 1. | Approves the draft Council decision; |
| --- | --- |

1.

Approves the draft Council decision;

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

2.

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

| 3. | 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; |
| --- | --- |

3.

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. | Asks the Council to consult Parliament again if it intends to amend the draft decision substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the draft decision substantially;

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

5.

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

---

(1)  Not yet published in OJ.

P5_TA(2004)0073

Convention on International Interests in Mobile Equipment *

European Parliament legislative resolution on the proposal for a Council decision on the conclusion by the European Community of the Convention on International Interests in Mobile Equipment and its Protocol on matters specific to aircraft equipment, adopted jointly in Cape Town on 16 November 2001 (SEC(2002) 1308/2 — C5-0086/2003 — 2002/0312(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (SEC(2002) 1308/2) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (SEC(2002) 1308/2) (1),

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

—

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

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0086/2003), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0086/2003),

| — | having regard to Rules 67 and 97(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 97(7) of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0043/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0043/2004),

| 1. | Approves the conclusion of the agreement; |
| --- | --- |

1.

Approves the conclusion of the agreement;

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

2.

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

---

(1)  Not yet published in OJ.

P5_TA(2004)0074

COM in flax and hemp grown for fibre *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre (COM(2003) 701 — C5-0596/2003 — 2003/0275(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 701) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 701) (1),

| — | having regard to Article 37(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0596/2003), |
| --- | --- |

—

having regard to Article 37(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0596/2003),

| — | 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 Agriculture and Rural Development (A5-0029/2004), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A5-0029/2004),

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| ARTICLE 1, PARAGRAPH 1a (new)
  Article 3, paragraph 5a (new) (Regulation (EC) No 1673/2000) |
| | The following paragraph shall be added to Article 3 of Regulation (EC) No 1673/2000:



  ‘
  5a.
     
  After the end of each marketing year, unused national guaranteed quantities for the year shall be distributed by the Commission among the Member States where more than the national guaranteed quantities have been produced. This redistribution shall take place in proportion with the national guaranteed quantities of the Member States where quantities have been exceeded.
  ’ |
| Amendment 2 |
| ARTICLE 1, PARAGRAPH 1b (new)
  Article 9, paragraph 1, indent 10a (new) (Regulation (EC) No 1673/2000) |
| | The following new indent shall be added to Article 9 of Regulation (EC) No 1673/2000:








  ‘— | the conditions under which an approved primary processor may have part of the flax and hemp which is assigned to him processed under contract by another approved primary processor,
  ’ |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

ARTICLE 1, PARAGRAPH 1a (new)

Article 3, paragraph 5a (new) (Regulation (EC) No 1673/2000)

The following paragraph shall be added to Article 3 of Regulation (EC) No 1673/2000:

‘
  5a.
     
  After the end of each marketing year, unused national guaranteed quantities for the year shall be distributed by the Commission among the Member States where more than the national guaranteed quantities have been produced. This redistribution shall take place in proportion with the national guaranteed quantities of the Member States where quantities have been exceeded.
  ’

Amendment 2

ARTICLE 1, PARAGRAPH 1b (new)

Article 9, paragraph 1, indent 10a (new) (Regulation (EC) No 1673/2000)

The following new indent shall be added to Article 9 of Regulation (EC) No 1673/2000:

The following new indent shall be added to Article 9 of Regulation (EC) No 1673/2000:

‘—

the conditions under which an approved primary processor may have part of the flax and hemp which is assigned to him processed under contract by another approved primary processor,
  ’

the conditions under which an approved primary processor may have part of the flax and hemp which is assigned to him processed under contract by another approved primary processor,

---

(1)  Not yet published in OJ.

1

P5_TA(2004)0075

Defence of Mr Pannella's parliamentary immunity

European Parliament decision on the request submitted by Marco Pannella for defence of parliamentary immunity in relation to legal proceedings pending before the Rome criminal court (2003/2183(IMM))

The European Parliament,

| — | having regard to the request for defence of parliamentary immunity in Case 36591/01 RG pending before public prosecutor Pietro Saviotti in Rome, submitted to the President by Marco Pannella on 1 October 2003 and announced in the plenary sitting of 9 October 2003, |
| --- | --- |

—

having regard to the request for defence of parliamentary immunity in Case 36591/01 RG pending before public prosecutor Pietro Saviotti in Rome, submitted to the President by Marco Pannella on 1 October 2003 and announced in the plenary sitting of 9 October 2003,

| — | having regard to Article 9 of the Protocol on the privileges and immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage of 20 September 1976, |
| --- | --- |

—

having regard to Article 9 of the Protocol on the privileges and immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage of 20 September 1976,

| — | 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 (A5-0051/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0051/2004),

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

A.

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

| B. | whereas the European Parliament meets over a five-year period of continuous sessions (3), |
| --- | --- |

B.

whereas the European Parliament meets over a five-year period of continuous sessions (3),

| C. | whereas the current European Parliament session will end on 8 March 2004 and the subsequent session will commence on 9 March 2004 (4), and whereas the powers of the current European Parliament will cease on 19 July 2004, |
| --- | --- |

C.

whereas the current European Parliament session will end on 8 March 2004 and the subsequent session will commence on 9 March 2004 (4), and whereas the powers of the current European Parliament will cease on 19 July 2004,

| D. | 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, |
| --- | --- |

D.

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,

| E. | whereas Members of the European Parliament have a responsibility to participate in political affairs within their own constituency, and accordingly when they publish articles on an Internet site on controversial topics they are properly deemed to be engaged in the performance of their duties as MEPs, |
| --- | --- |

E.

whereas Members of the European Parliament have a responsibility to participate in political affairs within their own constituency, and accordingly when they publish articles on an Internet site on controversial topics they are properly deemed to be engaged in the performance of their duties as MEPs,

| 1. | Decides to defend the immunity of Marco Pannella; |
| --- | --- |

1.

Decides to defend the immunity of Marco Pannella;

| 2. | Proposes, on the grounds of Article 9 of the aforementioned protocol and with due respect to the procedures in the Member State concerned, to hold that in the case in question proceedings may not be pursued and invites the Court to draw the necessary conclusions; |
| --- | --- |

2.

Proposes, on the grounds of Article 9 of the aforementioned protocol and with due respect to the procedures in the Member State concerned, to hold that in the case in question proceedings may not be pursued and invites the Court to draw the necessary conclusions;

| 3. | Instructs its President to forward this decision and the report of its committee to the public prosecutor's office in Rome in relation to Case 36591/01 RG. |
| --- | --- |

3.

Instructs its President to forward this decision and the report of its committee to the public prosecutor's office in Rome in relation to Case 36591/01 RG.

---

(1)  See Case 101/63: Wagner v Fohrmann and Krier [1964] ECR English special edition, 195 and Case 149/85: Wybot v Faure and others [1986] ECR 2391.

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

(3)  Articles 3 and 10 of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage and Case 149/85: Wybot v Faure and others.

(4)  Article 196 of the EC Treaty.

P5_TA(2004)0076

Remote island communities and fisheries

European Parliament resolution on the outermost regions and the fishing industry (2003/2112(INI))

The European Parliament,

| — | having regard to the hearing held on 9 September 2003 by the Committee on Fisheries on the outermost regions of the EU and the reform of the CFP, |
| --- | --- |

—

having regard to the hearing held on 9 September 2003 by the Committee on Fisheries on the outermost regions of the EU and the reform of the CFP,

| — | 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 Fisheries (A5-0014/2004), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A5-0014/2004),

| A. | whereas Article 299(2) of the EC Treaty provides a territorial definition and recognition of the specific status of the outermost regions, taking account of the combination of the permanent or long-term handicaps and taking account of the exclusive nature of these problems, |
| --- | --- |

A.

whereas Article 299(2) of the EC Treaty provides a territorial definition and recognition of the specific status of the outermost regions, taking account of the combination of the permanent or long-term handicaps and taking account of the exclusive nature of these problems,

| B. | whereas the outermost regions have specific structural and socio-economic conditions due to their remoteness, insularity, small size, difficult topography and climate, and economic dependence on a few products, |
| --- | --- |

B.

whereas the outermost regions have specific structural and socio-economic conditions due to their remoteness, insularity, small size, difficult topography and climate, and economic dependence on a few products,

| C. | whereas the reform of the Common Fisheries Policy undertaken in December 2002 will have particular impacts on the outermost regions which will require specific action under a coherent policy designed to respond to the needs of the outermost regions, |
| --- | --- |

C.

whereas the reform of the Common Fisheries Policy undertaken in December 2002 will have particular impacts on the outermost regions which will require specific action under a coherent policy designed to respond to the needs of the outermost regions,

| 1. | Believes that the legal basis for measures relating to fisheries in these regions should be Article 299(2) of the EC Treaty; |
| --- | --- |

1.

Believes that the legal basis for measures relating to fisheries in these regions should be Article 299(2) of the EC Treaty;

| 2. | Believes that adaptation of the CFP to the special requirements of Article 299(2) of the EC Treaty must be systematic and continuous but subject to regular adjustment; |
| --- | --- |

2.

Believes that adaptation of the CFP to the special requirements of Article 299(2) of the EC Treaty must be systematic and continuous but subject to regular adjustment;

| 3. | Considers that the organisation of the market should be improved by more active involvement of existing producers and by increasing the eligibility of new species of fish from the outermost regions to benefit from the instruments provided for by the Commission; |
| --- | --- |

3.

Considers that the organisation of the market should be improved by more active involvement of existing producers and by increasing the eligibility of new species of fish from the outermost regions to benefit from the instruments provided for by the Commission;

| 4. | Believes that further financial help should be given to the scheme for compensation of the additional costs incurred in the marketing of certain fishery products from the outermost regions and that the implementation of these funds should be improved; believes further that the implementation of funds would be improved by allowing a greater flexibility between regions, without prejudice to the scale for allocating amounts available under Council Regulation (EC) No 2328/2003 (1) in subsequent years, and after verification that the possibility of adjustment within regions belonging to the same Member State or between species has not led to full utilisation of the amounts available; |
| --- | --- |

4.

Believes that further financial help should be given to the scheme for compensation of the additional costs incurred in the marketing of certain fishery products from the outermost regions and that the implementation of these funds should be improved; believes further that the implementation of funds would be improved by allowing a greater flexibility between regions, without prejudice to the scale for allocating amounts available under Council Regulation (EC) No 2328/2003 (1) in subsequent years, and after verification that the possibility of adjustment within regions belonging to the same Member State or between species has not led to full utilisation of the amounts available;

| 5. | Given the need for coherence between the different Community interventions in the outermost regions, calls for aid to be continued for the management of fleets beyond 2006 and for improvements which would allow investment to be encouraged; believes that this would encourage investment in fleets and that loan guarantees, special interest rates and tax measures will be necessary to help achieve this objective; |
| --- | --- |

5.

Given the need for coherence between the different Community interventions in the outermost regions, calls for aid to be continued for the management of fleets beyond 2006 and for improvements which would allow investment to be encouraged; believes that this would encourage investment in fleets and that loan guarantees, special interest rates and tax measures will be necessary to help achieve this objective;

| 6. | Stresses that there is an urgent need to acquire reliable and detailed data on the fisheries resources of the outermost regions; calls for improvements to be made to scientific data relating to maritime resources in the outermost regions; believes that special measures will be required to increase studies of the fisheries resources available; |
| --- | --- |

6.

Stresses that there is an urgent need to acquire reliable and detailed data on the fisheries resources of the outermost regions; calls for improvements to be made to scientific data relating to maritime resources in the outermost regions; believes that special measures will be required to increase studies of the fisheries resources available;

| 7. | Believes that a fishing observatory should be established in each outermost region which would allow each region to check the state of fish resources and the environment; considers that this would improve supervision of the fisheries in each area, which would mean that economic, social and market developments could be monitored; |
| --- | --- |

7.

Believes that a fishing observatory should be established in each outermost region which would allow each region to check the state of fish resources and the environment; considers that this would improve supervision of the fisheries in each area, which would mean that economic, social and market developments could be monitored;

| 8. | Believes that it is important to improve training and scientific capacity in the area of fleet management; believes further that a fund should be set up for the dissemination of new technologies and the development of scientific expertise; |
| --- | --- |

8.

Believes that it is important to improve training and scientific capacity in the area of fleet management; believes further that a fund should be set up for the dissemination of new technologies and the development of scientific expertise;

| 9. | Calls for the promotion of regional cooperation and formal participation of the outermost regions in Regional Advisory Councils; points out that there are many problems which can only be solved by the outermost regions working more closely with their neighbours; |
| --- | --- |

9.

Calls for the promotion of regional cooperation and formal participation of the outermost regions in Regional Advisory Councils; points out that there are many problems which can only be solved by the outermost regions working more closely with their neighbours;

| 10. | Stresses that it is essential to support the outermost regions in their efforts to control illegal fishing, which has become a very serious problem in many areas; |
| --- | --- |

10.

Stresses that it is essential to support the outermost regions in their efforts to control illegal fishing, which has become a very serious problem in many areas;

| 11. | Calls for the establishment of a forum for cooperation between experts from the Commission and from scientific bodies in the outermost regions, which would have a decisive effect on the management of fishing policies of the regions concerned; |
| --- | --- |

11.

Calls for the establishment of a forum for cooperation between experts from the Commission and from scientific bodies in the outermost regions, which would have a decisive effect on the management of fishing policies of the regions concerned;

| 12. | Believes that, in order to ensure the sustainability of own resources, it is imperative to have a zone, in addition to territorial waters, specifically reserved for fishermen of the nations concerned, whose fleets from the outermost regions would have the sole right to exploit the resources in this zone; |
| --- | --- |

12.

Believes that, in order to ensure the sustainability of own resources, it is imperative to have a zone, in addition to territorial waters, specifically reserved for fishermen of the nations concerned, whose fleets from the outermost regions would have the sole right to exploit the resources in this zone;

| 13. | Believes further that the outermost regions should be favoured in negotiations with third countries which have geographical connections with the outermost regions; this should relate to fishing licences, landing facilities, and crewing where this involves boats from the outermost regions; |
| --- | --- |

13.

Believes further that the outermost regions should be favoured in negotiations with third countries which have geographical connections with the outermost regions; this should relate to fishing licences, landing facilities, and crewing where this involves boats from the outermost regions;

| 14. | Believes that it is necessary to improve coordination of research and development relating to aquaculture, including the transfer of technology and the diversification of species which can be farmed successfully in different areas; points out that there should be better integration of aquaculture in the environment through improved studies of environmental impact, the effect on ecosystems, as well as on tourism and other related activities; |
| --- | --- |

14.

Believes that it is necessary to improve coordination of research and development relating to aquaculture, including the transfer of technology and the diversification of species which can be farmed successfully in different areas; points out that there should be better integration of aquaculture in the environment through improved studies of environmental impact, the effect on ecosystems, as well as on tourism and other related activities;

| 15. | Believes that the POSEI programmes, which are fundamental to the prosperity of these regions and cover the different aspects of the CFP, should be increased; calls on the Commission to make a proposal in this regard; |
| --- | --- |

15.

Believes that the POSEI programmes, which are fundamental to the prosperity of these regions and cover the different aspects of the CFP, should be increased; calls on the Commission to make a proposal in this regard;

| 16. | Instructs its President to forward this resolution to the Council and Commission. |
| --- | --- |

16.

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

---

(1)  OJ L 345, 31.12.2003, p. 34.

P5_TA(2004)0077

ACP-EU Joint Parliamentary Assembly in 2003

European Parliament resolution on the work of the ACP-EU Joint Parliamentary Assembly in 2003 (2003/2007(INI))

The European Parliament,

| — | having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (Cotonou Agreement) (1), which entered into force on 1 April 2003, |
| --- | --- |

—

having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (Cotonou Agreement) (1), which entered into force on 1 April 2003,

| — | having regard to the new Rules of Procedure of the Joint Parliamentary Assembly, (JPA) adopted in Brazzaville on 3 April 2003 (2), |
| --- | --- |

—

having regard to the new Rules of Procedure of the Joint Parliamentary Assembly, (JPA) adopted in Brazzaville on 3 April 2003 (2),

| — | having regard to the resolutions and the declaration adopted by the JPA at its fifth session in Brazzaville from 31 March to 3 April 2003 (3) and at its sixth session in Rome from 11 to 15 October 2003, |
| --- | --- |

—

having regard to the resolutions and the declaration adopted by the JPA at its fifth session in Brazzaville from 31 March to 3 April 2003 (3) and at its sixth session in Rome from 11 to 15 October 2003,

| — | having regard to the EU guidelines on children in armed conflict, adopted by the Council on 8 December 2003, |
| --- | --- |

—

having regard to the EU guidelines on children in armed conflict, adopted by the Council on 8 December 2003,

| — | having regard to the Council Common Position of 18 February 2002 (2002/145/CFSP) concerning restrictive measures against Zimbabwe (4), the Council Common Position of 22 July 2002 (2003/600/CFSP) amending Common Position 2002/145/CFSP (5), Council Decision of 13 September 2002 (2002/754/CFSP) implementing Common Position 2002/145/CFSP (6), Council Common Position of 18 February 2003 (2003/115/CFSP) amending and extending Common Position 2002/145/CFSP concerning restrictive measures against Zimbabwe (7) and Council Decision (2003/112/EC) of 18 February 2003 extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement (8), |
| --- | --- |

—

having regard to the Council Common Position of 18 February 2002 (2002/145/CFSP) concerning restrictive measures against Zimbabwe (4), the Council Common Position of 22 July 2002 (2003/600/CFSP) amending Common Position 2002/145/CFSP (5), Council Decision of 13 September 2002 (2002/754/CFSP) implementing Common Position 2002/145/CFSP (6), Council Common Position of 18 February 2003 (2003/115/CFSP) amending and extending Common Position 2002/145/CFSP concerning restrictive measures against Zimbabwe (7) and Council Decision (2003/112/EC) of 18 February 2003 extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement (8),

| — | having regard to its resolutions of 14 March 2002 (9), 16 May 2002 (10), 4 July 2002 (11), 5 September 2002 (12), 13 February 2003 (13) and 5 June 2003 (14) on Zimbabwe, |
| --- | --- |

—

having regard to its resolutions of 14 March 2002 (9), 16 May 2002 (10), 4 July 2002 (11), 5 September 2002 (12), 13 February 2003 (13) and 5 June 2003 (14) on Zimbabwe,

| — | 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 Development and Cooperation (A5-0013/2004), |
| --- | --- |

—

having regard to the report of the Committee on Development and Cooperation (A5-0013/2004),

| A. | whereas the JPA's new Rules of Procedure were adopted and entered into force in 2003, |
| --- | --- |

A.

whereas the JPA's new Rules of Procedure were adopted and entered into force in 2003,

| B. | whereas the main provision of these new Rules of Procedure is the setting-up of three standing committees, the Committee on Political Affairs, the Committee on Economic Development, Finance and Trade and the Committee on Social Affairs and the Environment, |
| --- | --- |

B.

whereas the main provision of these new Rules of Procedure is the setting-up of three standing committees, the Committee on Political Affairs, the Committee on Economic Development, Finance and Trade and the Committee on Social Affairs and the Environment,

| C. | whereas these committees immediately began their work and drew up reports which were submitted to the JPA at its sixth session, |
| --- | --- |

C.

whereas these committees immediately began their work and drew up reports which were submitted to the JPA at its sixth session,

| D. | whereas, after the cancellation of the session in November 2002, a normal rhythm of work has now been restored, |
| --- | --- |

D.

whereas, after the cancellation of the session in November 2002, a normal rhythm of work has now been restored,

| E. | whereas 20 resolutions and a ’declaration on the war in Iraq’ were adopted at the fifth session in Brazzaville and, under the new Rules of Procedure, four resolutions were adopted at the sixth session in Rome, |
| --- | --- |

E.

whereas 20 resolutions and a ’declaration on the war in Iraq’ were adopted at the fifth session in Brazzaville and, under the new Rules of Procedure, four resolutions were adopted at the sixth session in Rome,

| F. | whereas the JPA, thanks in particular to the work of the standing committees, was able to adopt resolutions which were better prepared and based on more extensive discussions, |
| --- | --- |

F.

whereas the JPA, thanks in particular to the work of the standing committees, was able to adopt resolutions which were better prepared and based on more extensive discussions,

| G. | whereas the possibility of adopting urgent resolutions enables the JPA to take a stand on topical issues, in addition to the more long-term work carried out in committee, |
| --- | --- |

G.

whereas the possibility of adopting urgent resolutions enables the JPA to take a stand on topical issues, in addition to the more long-term work carried out in committee,

| H. | whereas the setting-up of standing committees is contributing to the JPA's historic development into a genuine parliamentary assembly, |
| --- | --- |

H.

whereas the setting-up of standing committees is contributing to the JPA's historic development into a genuine parliamentary assembly,

| I. | whereas the JPA stands as a model of cooperation and development in the world and is making a major contribution to open North-South dialogue based on equal rights, |
| --- | --- |

I.

whereas the JPA stands as a model of cooperation and development in the world and is making a major contribution to open North-South dialogue based on equal rights,

| J. | whereas three joint missions have taken place in 2003, |
| --- | --- |

J.

whereas three joint missions have taken place in 2003,

| K. | having regard to the JPA's important role in the implementation of the political dialogue provided for in Article 8 of the Cotonou Agreement, in particular with regard to upholding human rights, |
| --- | --- |

K.

having regard to the JPA's important role in the implementation of the political dialogue provided for in Article 8 of the Cotonou Agreement, in particular with regard to upholding human rights,

| L. | having regard to the mission carried out by the ACP Co-President and four ACP parliamentarians in Harare, the result of which is that the head of the Zimbabwean delegation is no longer a person concerned by the Council's restrictive measures for engaging in activities that seriously undermine democracy, respect for human rights and the rule of law, |
| --- | --- |

L.

having regard to the mission carried out by the ACP Co-President and four ACP parliamentarians in Harare, the result of which is that the head of the Zimbabwean delegation is no longer a person concerned by the Council's restrictive measures for engaging in activities that seriously undermine democracy, respect for human rights and the rule of law,

| M. | whereas this is the very first concession of this type ever to have been agreed to by Mr Mugabe's government, |
| --- | --- |

M.

whereas this is the very first concession of this type ever to have been agreed to by Mr Mugabe's government,

| N. | having regard to the ACP Co-President's personal commitment to ensuring that only the head of the Zimbabwean delegation spoke at meetings of the Committee on Political affairs and the plenary assembly during the sixth session in Rome, |
| --- | --- |

N.

having regard to the ACP Co-President's personal commitment to ensuring that only the head of the Zimbabwean delegation spoke at meetings of the Committee on Political affairs and the plenary assembly during the sixth session in Rome,

| O. | having regard to the participation of the Deputy Secretary-General of the United Nations and the Special Representative for Children in Armed Conflict in the sixth session and the excellent cooperation in general between the JPA and the United Nations, |
| --- | --- |

O.

having regard to the participation of the Deputy Secretary-General of the United Nations and the Special Representative for Children in Armed Conflict in the sixth session and the excellent cooperation in general between the JPA and the United Nations,

| P. | whereas the members of the JPA, in particular the ACP members, expressed the wish that the Assembly be allowed to hold its meetings also outside the European Parliament's places of work, |
| --- | --- |

P.

whereas the members of the JPA, in particular the ACP members, expressed the wish that the Assembly be allowed to hold its meetings also outside the European Parliament's places of work,

| Q. | having the regard to the success of the Women's Forum, both at the fifth session in Brazzaville and at the sixth session in Rome, and whereas this Forum has achieved its goal of initiating a dialogue with civil society and promoting greater involvement and visibility for ACP women parliamentarians, |
| --- | --- |

Q.

having the regard to the success of the Women's Forum, both at the fifth session in Brazzaville and at the sixth session in Rome, and whereas this Forum has achieved its goal of initiating a dialogue with civil society and promoting greater involvement and visibility for ACP women parliamentarians,

| R. | having regard to the fact that ACP parliamentarians can experience some difficulty receiving documents and other communications related to the JPA's work, |
| --- | --- |

R.

having regard to the fact that ACP parliamentarians can experience some difficulty receiving documents and other communications related to the JPA's work,

| S. | having regard to the debate on the International Criminal Court which took place at the sixth session in Rome, |
| --- | --- |

S.

having regard to the debate on the International Criminal Court which took place at the sixth session in Rome,

| T. | having regard to the Question Time session which took place at the sixth session in Rome, |
| --- | --- |

T.

having regard to the Question Time session which took place at the sixth session in Rome,

| U. | having regard to Commissioner Nielson's stated support for an increase in funds for the JPA, |
| --- | --- |

U.

having regard to Commissioner Nielson's stated support for an increase in funds for the JPA,

| 1. | Welcomes the adoption and implementation by the JPA of new Rules of Procedure aimed at rationalising its activities, in particular by setting up three standing committees — the Committee on Political Affairs, the Committee on Economic Development, Finance and Trade and the Committee on Social affairs and the Environment — thereby contributing to the Assembly's historic development into a genuine parliamentary assembly; |
| --- | --- |

1.

Welcomes the adoption and implementation by the JPA of new Rules of Procedure aimed at rationalising its activities, in particular by setting up three standing committees — the Committee on Political Affairs, the Committee on Economic Development, Finance and Trade and the Committee on Social affairs and the Environment — thereby contributing to the Assembly's historic development into a genuine parliamentary assembly;

| 2. | Points out that these committees rapidly and smoothly got down to work and that each of them was thus able to present a report at the sixth session; |
| --- | --- |

2.

Points out that these committees rapidly and smoothly got down to work and that each of them was thus able to present a report at the sixth session;

| 3. | Welcomes the JPA's return to a normal rhythm of work after the cancellation of the session scheduled for November 2002 and the strengthening of dialogue procedures between JPA partners; |
| --- | --- |

3.

Welcomes the JPA's return to a normal rhythm of work after the cancellation of the session scheduled for November 2002 and the strengthening of dialogue procedures between JPA partners;

| 4. | Welcomes the fact that the adoption of the new Rules of Procedure has, through the reports drawn up in committee and the urgent topics, caused the number of resolutions to drop, but that these are better prepared and have been discussed in greater detail; |
| --- | --- |

4.

Welcomes the fact that the adoption of the new Rules of Procedure has, through the reports drawn up in committee and the urgent topics, caused the number of resolutions to drop, but that these are better prepared and have been discussed in greater detail;

| 5. | Calls on the political group coordinators and the ACP representatives to ensure better preparation of compromise urgent resolutions to avoid a final vote by separate houses; |
| --- | --- |

5.

Calls on the political group coordinators and the ACP representatives to ensure better preparation of compromise urgent resolutions to avoid a final vote by separate houses;

| 6. | Welcomes the animated nature of the Question Time session with the Commission in Rome, and calls on the JPA Bureau to organise in future a similar and less formal Question Time with the Council and Commission; suggests, to this end, and in the interests of efficient use of time, that the initial answers should be distributed in writing in advance; stresses that the purpose of oral questions is to give the tabler of the question and other Members of the JPA the opportunity to cross-question the Commission and Council representatives following the initial response to the tabled question; |
| --- | --- |

6.

Welcomes the animated nature of the Question Time session with the Commission in Rome, and calls on the JPA Bureau to organise in future a similar and less formal Question Time with the Council and Commission; suggests, to this end, and in the interests of efficient use of time, that the initial answers should be distributed in writing in advance; stresses that the purpose of oral questions is to give the tabler of the question and other Members of the JPA the opportunity to cross-question the Commission and Council representatives following the initial response to the tabled question;

| 7. | Urges the JPA Bureau to re-balance the agenda for future JPAs so that there is time for more contributions from the floor and fewer and shorter contributions from the platform; |
| --- | --- |

7.

Urges the JPA Bureau to re-balance the agenda for future JPAs so that there is time for more contributions from the floor and fewer and shorter contributions from the platform;

| 8. | Welcomes the effectiveness of the Standing Committees but regrets the inadequacy of the facilities for these and the fact that the timing of them, two days before the opening of the JPA, precluded some Members from attending; |
| --- | --- |

8.

Welcomes the effectiveness of the Standing Committees but regrets the inadequacy of the facilities for these and the fact that the timing of them, two days before the opening of the JPA, precluded some Members from attending;

| 9. | Welcomes also the new opportunity opened up within the Committee on Political Affairs for discussion of the situation in the various countries and regions; |
| --- | --- |

9.

Welcomes also the new opportunity opened up within the Committee on Political Affairs for discussion of the situation in the various countries and regions;

| 10. | Calls on the JPA and its component bodies to continue their work on human rights and thereby contribute to the political dialogue provided for in Article 8 of the Cotonou Agreement; calls for a greater involvement of civil society, particularly when the JPA meets in ACP countries, in the work of the JPA and its Standing Committees; |
| --- | --- |

10.

Calls on the JPA and its component bodies to continue their work on human rights and thereby contribute to the political dialogue provided for in Article 8 of the Cotonou Agreement; calls for a greater involvement of civil society, particularly when the JPA meets in ACP countries, in the work of the JPA and its Standing Committees;

| 11. | Welcomes the speed with which JPA documents are made available on the Internet, an essential tool for the smooth functioning of any assembly like the JPA, characterised by the extreme geographic distance between its members; |
| --- | --- |

11.

Welcomes the speed with which JPA documents are made available on the Internet, an essential tool for the smooth functioning of any assembly like the JPA, characterised by the extreme geographic distance between its members;

| 12. | Calls on the JPA and the two co-secretariats to make systematic use of e-mail and the Internet for the forwarding of documents to Members of the European Parliament and the parliaments of the ACP countries and actively to encourage use of the Internet, where it is available; |
| --- | --- |

12.

Calls on the JPA and the two co-secretariats to make systematic use of e-mail and the Internet for the forwarding of documents to Members of the European Parliament and the parliaments of the ACP countries and actively to encourage use of the Internet, where it is available;

| 13. | Approves the regular monitoring work carried out by the Committee on Economic Development, Finance and Trade with regard to the ACP-EU Economic Partnership Agreements, in cooperation with the Commission, the European Economic and Social Committee and representatives of civil society; |
| --- | --- |

13.

Approves the regular monitoring work carried out by the Committee on Economic Development, Finance and Trade with regard to the ACP-EU Economic Partnership Agreements, in cooperation with the Commission, the European Economic and Social Committee and representatives of civil society;

| 14. | Congratulates the JPA on its report on children's rights, and child soldiers in particular, which has had a considerable impact and has contributed to the adoption by the Council of strategic guidelines on children in armed conflicts; totally supports and takes on board the recommendations of this report and asks ACP Member States to do likewise; |
| --- | --- |

14.

Congratulates the JPA on its report on children's rights, and child soldiers in particular, which has had a considerable impact and has contributed to the adoption by the Council of strategic guidelines on children in armed conflicts; totally supports and takes on board the recommendations of this report and asks ACP Member States to do likewise;

| 15. | Congratulates the JPA also on its report on the use of the European Development Fund and the discussions initiated on its budgetisation; |
| --- | --- |

15.

Congratulates the JPA also on its report on the use of the European Development Fund and the discussions initiated on its budgetisation;

| 16. | Congratulates the JPA for having established greater consistency and continuity between the various sessions and urges it to continue along these lines; |
| --- | --- |

16.

Congratulates the JPA for having established greater consistency and continuity between the various sessions and urges it to continue along these lines;

| 17. | Welcomes the initiative of the ACP Co-President and four ACP parliamentarians of travelling to Harare to prepare a joint mission and ensure that the Zimbabwean delegation to the JPA no longer includes anyone concerned by the Council's restrictive measures for engaging in activities that seriously undermine democracy, respect for human rights and the rule of law; |
| --- | --- |

17.

Welcomes the initiative of the ACP Co-President and four ACP parliamentarians of travelling to Harare to prepare a joint mission and ensure that the Zimbabwean delegation to the JPA no longer includes anyone concerned by the Council's restrictive measures for engaging in activities that seriously undermine democracy, respect for human rights and the rule of law;

| 18. | Regrets that the Zimbabwean delegation to the sixth session included one person concerned by these restrictive measures, but welcomes the fact that the head of delegation was replaced by a person not covered by the sanctions, and thanks the ACP Co-President for ensuring that the latter was the only one to speak at meetings; |
| --- | --- |

18.

Regrets that the Zimbabwean delegation to the sixth session included one person concerned by these restrictive measures, but welcomes the fact that the head of delegation was replaced by a person not covered by the sanctions, and thanks the ACP Co-President for ensuring that the latter was the only one to speak at meetings;

| 19. | Calls on the JPA Bureau to make practical arrangements for the sending of the joint delegation to Zimbabwe, provided that membership of the delegation is decided freely by the JPA Bureau, and that it is able to move around freely and meet anyone it wishes; |
| --- | --- |

19.

Calls on the JPA Bureau to make practical arrangements for the sending of the joint delegation to Zimbabwe, provided that membership of the delegation is decided freely by the JPA Bureau, and that it is able to move around freely and meet anyone it wishes;

| 20. | Congratulates the JPA Bureau on sending a mission to Côte d'Ivoire jointly with that of the European Parliament, which met the Government of National Unity and encouraged it to continue to work towards reconciliation; also congratulates the Bureau for having sent a mission to the Caribbean to look into trade issues, especially the Sugar Protocol; |
| --- | --- |

20.

Congratulates the JPA Bureau on sending a mission to Côte d'Ivoire jointly with that of the European Parliament, which met the Government of National Unity and encouraged it to continue to work towards reconciliation; also congratulates the Bureau for having sent a mission to the Caribbean to look into trade issues, especially the Sugar Protocol;

| 21. | Approved the increased cooperation between the JPA and the United Nations and its various bodies, and calls on the JPA to continue in this direction; |
| --- | --- |

21.

Approved the increased cooperation between the JPA and the United Nations and its various bodies, and calls on the JPA to continue in this direction;

| 22. | Considers that, following the failure of the WTO Ministerial Conference in Cancún, the JPA could play a more effective role as a forum for dialogue on this issue which is vital to the developing world; endorses the JPA's involvement in the WTO Parliamentary Conference; |
| --- | --- |

22.

Considers that, following the failure of the WTO Ministerial Conference in Cancún, the JPA could play a more effective role as a forum for dialogue on this issue which is vital to the developing world; endorses the JPA's involvement in the WTO Parliamentary Conference;

| 23. | Notes with satisfaction the success of the Women's Forum and the fact that this Forum achieved its goal of initiating a dialogue with civil society and promoting greater involvement and visibility for ACP women parliamentarians; |
| --- | --- |

23.

Notes with satisfaction the success of the Women's Forum and the fact that this Forum achieved its goal of initiating a dialogue with civil society and promoting greater involvement and visibility for ACP women parliamentarians;

| 24. | Reminds the European Parliament's Bureau that when the JPA is held in Europe the arrangements and hospitality for Delegates from the ACP countries should be no less efficient and generous than those traditionally provided by ACP countries when the JPA is there and that consideration should be given to visits to local sites of good practice linked to subjects under debate at the Assembly; |
| --- | --- |

24.

Reminds the European Parliament's Bureau that when the JPA is held in Europe the arrangements and hospitality for Delegates from the ACP countries should be no less efficient and generous than those traditionally provided by ACP countries when the JPA is there and that consideration should be given to visits to local sites of good practice linked to subjects under debate at the Assembly;

| 25. | Confirms that the debate in Rome on the International Criminal Court was positive and wellinformed; |
| --- | --- |

25.

Confirms that the debate in Rome on the International Criminal Court was positive and wellinformed;

| 26. | Welcomes the animated nature of the Question Time session in Rome, and believes that provision should be made in future for similar participation, particularly by the ACP members, in Question Time; |
| --- | --- |

26.

Welcomes the animated nature of the Question Time session in Rome, and believes that provision should be made in future for similar participation, particularly by the ACP members, in Question Time;

| 27. | Welcomes Commissioner Nielson's stated support for an increase in funds for the JPA to an amount of around EUR 6 million, in accordance with Article 8 of the Financial Protocol; |
| --- | --- |

27.

Welcomes Commissioner Nielson's stated support for an increase in funds for the JPA to an amount of around EUR 6 million, in accordance with Article 8 of the Financial Protocol;

| 28. | Instructs its President to forward this resolution to the ACP-EU Council, the ACP-EU Joint Parliamentary Assembly, the parliaments of the ACP countries and the Commission. |
| --- | --- |

28.

Instructs its President to forward this resolution to the ACP-EU Council, the ACP-EU Joint Parliamentary Assembly, the parliaments of the ACP countries and the Commission.

---

(1)  OJ L 317, 15.12.2000, p. 3.

(2)  OJ C 231, 26.9.2003, p. 68.

(3)  OJ C 231, 26.9.2003, p. 19.

(4)  OJ L 50, 21.2.2002, p. 1.

(5)  OJ L 195, 24.7.2002, p. 1.

(6)  OJ L 247, 14.9.2002, p. 56.

(7)  OJ L 46, 20.2.2003, p. 30.

(8)  OJ L 46, 20.2.2003, p. 25.

(9)  OJ C 47 E, 27.2.2003, p. 607.

(10)  OJ C 180 E, 31.7.2003, p. 535.

(11)  OJ C 271 E, 12.11.2003, p. 608.

(12)  OJ C 272 E, 13.11.2003, p. 489.

(13)  P5_TA(2003)0066.

(14)  P5_TA(2003)0273.

P5_TA(2004)0078

European Centre for Disease Prevention and Control ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation establishing a European Centre for Disease Prevention and Control (COM(2003) 441 — C5-0400/2003 — 2003/0174(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 441) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 441) (1),

| — | having regard to Articles 251(2) and 152(4) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0400/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 152(4) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0400/2003),

| — | 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 the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0038/2004), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0038/2004),

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

1.

Approves the Commission proposal as amended;

| 2. | Considers that the financial statement of the Commission proposal is compatible with the ceiling of heading 3 of the Financial Perspective through a reprogramming of existing policies; |
| --- | --- |

2.

Considers that the financial statement of the Commission proposal is compatible with the ceiling of heading 3 of the Financial Perspective through a reprogramming of existing policies;

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

3.

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

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

4.

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

---

(1)  Not yet published in OJ.

P5_TC1-COD(2003)0174

Position of the European Parliament adopted at first reading on 10 February 2004 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2004 establishing a European Centre for Disease Prevention and Control

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

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

After consulting the Committee of the Regions,

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

Whereas:

| (1) | The Community is committed as a priority to protect and to improve human health by prevention of human disease, in particular communicable diseases
  ,
  and to counter potential threats to health with a view to ensuring a high level of protection of health of European citizens. Effective response to disease outbreaks requires a coherent approach among Member States and input from experienced public health experts, coordinated at Community level. |
| --- | --- |

(1)

The Community is committed as a priority to protect and to improve human health by prevention of human disease, in particular communicable diseases
  ,
  and to counter potential threats to health with a view to ensuring a high level of protection of health of European citizens. Effective response to disease outbreaks requires a coherent approach among Member States and input from experienced public health experts, coordinated at Community level.

| (2) | The Community should address European citizens' concerns about public health threats in a coordinated and coherent way. As the protection of health can mean various actions ranging from preparedness and control measures to prevention of human diseases, the scope of actions should be kept broad. The danger of deliberate release of agents also requires a coherent Community response. |
| --- | --- |

(2)

The Community should address European citizens' concerns about public health threats in a coordinated and coherent way. As the protection of health can mean various actions ranging from preparedness and control measures to prevention of human diseases, the scope of actions should be kept broad. The danger of deliberate release of agents also requires a coherent Community response.

| (3) | Member States must provide information on communicable diseases through the appropriate designated structures and/or authorities, in accordance with Article 4 of Decision No 2119/98/EC of the European Parliament and of the Council of 24 September 1998 setting up a network for the epidemiological surveillance and control of communicable diseases in the Community (3), which requires timely scientific analysis in order for effective Community action to be undertaken. |
| --- | --- |

(3)

Member States must provide information on communicable diseases through the appropriate designated structures and/or authorities, in accordance with Article 4 of Decision No 2119/98/EC of the European Parliament and of the Council of 24 September 1998 setting up a network for the epidemiological surveillance and control of communicable diseases in the Community (3), which requires timely scientific analysis in order for effective Community action to be undertaken.

| (4) | Decision No 2119/98/EC expressly calls for the improvement of the coverage and effectiveness of existing dedicated networks between Member States for the surveillance of communicable diseases on which Community actions should be built and the need to foster cooperation with third countries and international organisations competent in the field of public health, and in particular to pursue closer collaboration with the World Health Organisation (WHO). The Centre for Disease Prevention and Control should therefore establish clear procedures for cooperation with the WHO. |
| --- | --- |

(4)

Decision No 2119/98/EC expressly calls for the improvement of the coverage and effectiveness of existing dedicated networks between Member States for the surveillance of communicable diseases on which Community actions should be built and the need to foster cooperation with third countries and international organisations competent in the field of public health, and in particular to pursue closer collaboration with the World Health Organisation (WHO). The Centre for Disease Prevention and Control should therefore establish clear procedures for cooperation with the WHO.

| (5) | An independent agency, named the European Centre for Disease Prevention and Control should serve as a Community source of independent scientific advice, assistance, and expertise from trained medical, scientific, and epidemiological staff from its own resources or from those of recognised competent bodies acting on behalf of Member States' authorities responsible for human health. |
| --- | --- |

(5)

An independent agency, named the European Centre for Disease Prevention and Control should serve as a Community source of independent scientific advice, assistance, and expertise from trained medical, scientific, and epidemiological staff from its own resources or from those of recognised competent bodies acting on behalf of Member States' authorities responsible for human health.

| (6) | This Regulation does not confer any regulatory powers on the Centre. |
| --- | --- |

(6)

This Regulation does not confer any regulatory powers on the Centre.

| (7) | The Centre's mission should be to identify, assess and communicate current and emerging threats to human health from communicable diseases. In the case of outbreaks of illness of unknown origin which may spread within or to the Community, the Centre should be empowered to act on its own initiative until the source of the outbreak is known and then in cooperation with the relevant competent authorities at national or Community level as appropriate. |
| --- | --- |

(7)

The Centre's mission should be to identify, assess and communicate current and emerging threats to human health from communicable diseases. In the case of outbreaks of illness of unknown origin which may spread within or to the Community, the Centre should be empowered to act on its own initiative until the source of the outbreak is known and then in cooperation with the relevant competent authorities at national or Community level as appropriate.

| (8) | In this way, the Centre will enhance the capacity of the scientific expertise in the European Community and support Community preparedness planning. It should support existing activities, such as relevant Community action programmes in the public health sector, with regard to the prevention and control of communicable diseases, epidemiological surveillance, training programmes and early warning and response mechanisms, and should foster the exchange of best practices and experience with regard to vaccination programmes. |
| --- | --- |

(8)

In this way, the Centre will enhance the capacity of the scientific expertise in the European Community and support Community preparedness planning. It should support existing activities, such as relevant Community action programmes in the public health sector, with regard to the prevention and control of communicable diseases, epidemiological surveillance, training programmes and early warning and response mechanisms, and should foster the exchange of best practices and experience with regard to vaccination programmes.

| (9) | As emerging health threats may have mental as well as physical health consequences, the Centre should in the fields within its mission gather and analyse data and information on emerging public health threats and developments for the purpose of protecting public health in the European Community by preparedness. It should assist and coordinate with Member States in developing and maintaining the capacity to react in a timely way. In public health emergencies the Centre should operate in close collaboration with Commission services and other agencies, Member States and international organisations. |
| --- | --- |

(9)

As emerging health threats may have mental as well as physical health consequences, the Centre should in the fields within its mission gather and analyse data and information on emerging public health threats and developments for the purpose of protecting public health in the European Community by preparedness. It should assist and coordinate with Member States in developing and maintaining the capacity to react in a timely way. In public health emergencies the Centre should operate in close collaboration with Commission services and other agencies, Member States and international organisations.

| (10) | The Centre should seek to maintain scientific excellence at all times through its own expertise and the expertise in the Member States and should foster, develop and steer applied scientific studies. In this way, it will enhance the visibility and credibility of scientific expertise in the Community. Moreover, it will support Community preparedness planning, strengthening links with and between the clinical and public health sectors, reinforcing the public health laboratory capacity for rapid diagnosis and supporting and coordinating training programmes. |
| --- | --- |

(10)

The Centre should seek to maintain scientific excellence at all times through its own expertise and the expertise in the Member States and should foster, develop and steer applied scientific studies. In this way, it will enhance the visibility and credibility of scientific expertise in the Community. Moreover, it will support Community preparedness planning, strengthening links with and between the clinical and public health sectors, reinforcing the public health laboratory capacity for rapid diagnosis and supporting and coordinating training programmes.

| (11) | The Management Board should be selected in such a way as to secure the highest standards of competence and a broad range of relevant experience available amongst the representatives of the Member States, the European Parliament and the Commission. |
| --- | --- |

(11)

The Management Board should be selected in such a way as to secure the highest standards of competence and a broad range of relevant experience available amongst the representatives of the Member States, the European Parliament and the Commission.

| (12) | The Management Board should have the necessary powers to establish the budget, check its implementation, draw up internal rules, ensure coherence with Community policies, adopt the Centre's financial regulation in accordance with the provisions of the Financial Regulation applicable to the general budget of the European Communities (4), hereinafter referred to as the ‘Financial Regulation’, and appoint the Director following a parliamentary hearing of the selected candidate. |
| --- | --- |

(12)

The Management Board should have the necessary powers to establish the budget, check its implementation, draw up internal rules, ensure coherence with Community policies, adopt the Centre's financial regulation in accordance with the provisions of the Financial Regulation applicable to the general budget of the European Communities (4), hereinafter referred to as the ‘Financial Regulation’, and appoint the Director following a parliamentary hearing of the selected candidate.

| (13) | An Advisory Forum should advise the Director in the performance of his/her duties. It should be composed of representatives of competent bodies in the Member States which undertake tasks similar to those of the Centre and representatives of interested parties at European level, such as non-governmental organisations, professional bodies or academia. The Advisory Forum constitutes a mechanism for an exchange of information on potential risks and the pooling of knowledge and for monitoring the scientific excellence and independence of the Centre's work. |
| --- | --- |

(13)

An Advisory Forum should advise the Director in the performance of his/her duties. It should be composed of representatives of competent bodies in the Member States which undertake tasks similar to those of the Centre and representatives of interested parties at European level, such as non-governmental organisations, professional bodies or academia. The Advisory Forum constitutes a mechanism for an exchange of information on potential risks and the pooling of knowledge and for monitoring the scientific excellence and independence of the Centre's work.

| (14) | The confidence of the Community institutions, the general public and interested parties in the Centre is essential. For this reason, it is vital to ensure its independence, high scientific quality, transparency and efficiency. |
| --- | --- |

(14)

The confidence of the Community institutions, the general public and interested parties in the Centre is essential. For this reason, it is vital to ensure its independence, high scientific quality, transparency and efficiency.

| (15) | The independence of the Centre and its role in informing the public mean that it should be able to communicate on its own intitiative in the fields within its mission, its purpose being to provide objective, reliable and easily understandable information to improve citizens' confidence. |
| --- | --- |

(15)

The independence of the Centre and its role in informing the public mean that it should be able to communicate on its own intitiative in the fields within its mission, its purpose being to provide objective, reliable and easily understandable information to improve citizens' confidence.

| (16) | The Centre should be financed by the general budget of the European Union, without prejudice to the priorities agreed by the budgetary authority within the financial perspective. The Community budgetary procedure remains applicable as regards any subsidies chargeable to the general budget of the European Union and their annual evaluation. Moreover, the Court of Auditors should undertake the auditing of accounts. |
| --- | --- |

(16)

The Centre should be financed by the general budget of the European Union, without prejudice to the priorities agreed by the budgetary authority within the financial perspective. The Community budgetary procedure remains applicable as regards any subsidies chargeable to the general budget of the European Union and their annual evaluation. Moreover, the Court of Auditors should undertake the auditing of accounts.

| (17) | It is necessary to allow for the participation of countries which are not members of the European Union and which have concluded agreements obliging them to transpose and implement the body of Community law in the field covered by this Regulation. |
| --- | --- |

(17)

It is necessary to allow for the participation of countries which are not members of the European Union and which have concluded agreements obliging them to transpose and implement the body of Community law in the field covered by this Regulation.

| (18) | An independent external evaluation should be undertaken to assess the impact of the Centre on the prevention and control of human disease and the possible need to extend the scope of the Centre's mission to other relevant Community-level activities in public health, in particular to health monitoring. |
| --- | --- |

(18)

An independent external evaluation should be undertaken to assess the impact of the Centre on the prevention and control of human disease and the possible need to extend the scope of the Centre's mission to other relevant Community-level activities in public health, in particular to health monitoring.

| (19) | The Centre should also be able to initiate scientific studies necessary for the accomplishment of its duties, while ensuring that the links established by it with the Commission and the Member States will avoid duplication of effort. This should be done in an open and transparent fashion and the Centre should take into account Community expertise, structures, and agencies already in place, |
| --- | --- |

(19)

The Centre should also be able to initiate scientific studies necessary for the accomplishment of its duties, while ensuring that the links established by it with the Commission and the Member States will avoid duplication of effort. This should be done in an open and transparent fashion and the Centre should take into account Community expertise, structures, and agencies already in place,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Scope

1.   This Regulation establishes an independent European agency for disease prevention and control, its mission, tasks and organisation.

2.   The Agency shall be named the European Centre for Disease Prevention and Control, hereinafter referred to as the ‘Centre’.

Article 2

Definitions

For the purposes of this Regulation:

| (a) | ‘Competent body’ shall mean any structure, institute, agent or other scientific body recognised by Member States' authorities as providing independent scientific and technical advice or capacity for action in the field of the prevention and control of human disease. |
| --- | --- |

(a)

‘Competent body’ shall mean any structure, institute, agent or other scientific body recognised by Member States' authorities as providing independent scientific and technical advice or capacity for action in the field of the prevention and control of human disease.

| (b) | ‘Prevention and control of human disease’ shall mean the range of measures taken by the competent public health authorities in the Member States to prevent and stop the spread of disease. |
| --- | --- |

(b)

‘Prevention and control of human disease’ shall mean the range of measures taken by the competent public health authorities in the Member States to prevent and stop the spread of disease.

| (c) | ‘Dedicated surveillance network’ shall mean any specific network on diseases or special health issues selected for epidemiological surveillance between accredited structures and authorities of the Member States. |
| --- | --- |

(c)

‘Dedicated surveillance network’ shall mean any specific network on diseases or special health issues selected for epidemiological surveillance between accredited structures and authorities of the Member States.

| (d) | ‘Communicable diseases’ shall mean the categories of disease listed in the Annex to Decision No 2119/98/EC. |
| --- | --- |

(d)

‘Communicable diseases’ shall mean the categories of disease listed in the Annex to Decision No 2119/98/EC.

| (e) | ‘Health threat’ shall mean a condition, agent or incident which may cause, directly or indirectly, ill health. |
| --- | --- |

(e)

‘Health threat’ shall mean a condition, agent or incident which may cause, directly or indirectly, ill health.

| (f) | ‘Epidemiological surveillance’ shall have the meaning ascribed to it in Decision No 2119/98/EC. |
| --- | --- |

(f)

‘Epidemiological surveillance’ shall have the meaning ascribed to it in Decision No 2119/98/EC.

| (g) | ‘Community network’ shall have the meaning ascribed to it in Decision No 2119/98/EC. |
| --- | --- |

(g)

‘Community network’ shall have the meaning ascribed to it in Decision No 2119/98/EC.

| (h) | ‘Early warning and response system’ shall mean the network under Decision No 2119/98/EC for the prevention and control of communicable diseases, formed by bringing the Commission and the competent public health authorities in each Member State into permanent communication with one another through appropriate means specified in Commission Decision 2000/57/EC of 22 December 1999 on the early warning and response system for the prevention and control of communicable diseases under Decision No 2119/98/EC of the European Parliament and of the Council (5). |
| --- | --- |

(h)

‘Early warning and response system’ shall mean the network under Decision No 2119/98/EC for the prevention and control of communicable diseases, formed by bringing the Commission and the competent public health authorities in each Member State into permanent communication with one another through appropriate means specified in Commission Decision 2000/57/EC of 22 December 1999 on the early warning and response system for the prevention and control of communicable diseases under Decision No 2119/98/EC of the European Parliament and of the Council (5).

Article 3

Mission and tasks of the Centre

1.   In order to enhance the capacity of the Community and the Member States to protect human health through the prevention and control of human disease, the mission of the Centre shall be to identify, assess and communicate current and emerging threats to human health from communicable diseases. In the case of other outbreaks of illness of unknown origin which may spread within or to the Community, the Centre shall act on its own initiative until the source of the outbreak is known. In the case of an outbreak which clearly is not caused by a communicable disease, the Centre shall act only in cooperation with the competent authority upon request from that authority. In pursuing its mission the Centre shall take full account of the responsibilities of the Member States, the Commission and other Community agencies, and of the responsibilities of international organisations active within the field of public health, in order to ensure comprehensiveness, coherence and complementarity of action.

2.   Within the field of its mission, the Centre shall:

| a) | search for, collect, collate, evaluate and disseminate relevant scientific and technical data; |
| --- | --- |

a)

search for, collect, collate, evaluate and disseminate relevant scientific and technical data;

| b) | provide scientific opinions and scientific and technical assistance including training; |
| --- | --- |

b)

provide scientific opinions and scientific and technical assistance including training;

| c) | provide timely information to the Commission, the Member States, Community agencies and international organisations active within the field of public health; |
| --- | --- |

c)

provide timely information to the Commission, the Member States, Community agencies and international organisations active within the field of public health;

| d) | coordinate the European networking of bodies operating in the fields within the Centre's mission, including networks arising from public health activities supported by the Commission and operating the dedicated surveillance networks; and |
| --- | --- |

d)

coordinate the European networking of bodies operating in the fields within the Centre's mission, including networks arising from public health activities supported by the Commission and operating the dedicated surveillance networks; and

| e) | exchange information, expertise and best practices, and facilitate the development and implementation of joint actions. |
| --- | --- |

e)

exchange information, expertise and best practices, and facilitate the development and implementation of joint actions.

3.   The Centre, the Commission and the Member States shall cooperate to promote effective coherence between their respective activities.

Article 4

Obligations of the Member States

Member States shall:

| a) | provide to the Centre in a timely manner available scientific and technical data relevant to its mission; |
| --- | --- |

a)

provide to the Centre in a timely manner available scientific and technical data relevant to its mission;

| b) | communicate to the Centre any messages forwarded to the Community network via the Early Warning and Response System; and |
| --- | --- |

b)

communicate to the Centre any messages forwarded to the Community network via the Early Warning and Response System; and

| c) | identify, within the field of operation of the mission of the Centre, recognised competent bodies and public health experts who could be made available to assist in Community responses to health threats, such as field investigations in the event of disease clusters or outbreaks. |
| --- | --- |

c)

identify, within the field of operation of the mission of the Centre, recognised competent bodies and public health experts who could be made available to assist in Community responses to health threats, such as field investigations in the event of disease clusters or outbreaks.

CHAPTER 2

OPERATIONAL PROCEDURES

Article 5

Operation of dedicated surveillance networks and networking activities

1.   The Centre, through the operation of the dedicated surveillance networks and the provision of technical and scientific expertise to the Commission and Member States, shall support the networking activities of the competent bodies recognised by the Member States.

2.   The Centre shall ensure the integrated operation of dedicated surveillance networks of authorities and structures designated under Decision No 2119/98/EC, where necessary with the assistance of one or more of the surveillance networks. It shall in particular:

| a) | provide quality assurance by monitoring and evaluating surveillance activities of such dedicated surveillance networks to ensure optimal operation; |
| --- | --- |

a)

provide quality assurance by monitoring and evaluating surveillance activities of such dedicated surveillance networks to ensure optimal operation;

| b) | maintain the database(s) for such epidemiological surveillance; |
| --- | --- |

b)

maintain the database(s) for such epidemiological surveillance;

| c) | communicate the results of the analysis of data to the Community Network; and |
| --- | --- |

c)

communicate the results of the analysis of data to the Community Network; and

| d) | harmonise and rationalise the operating methodologies. |
| --- | --- |

d)

harmonise and rationalise the operating methodologies.

3.   By encouraging cooperation between expert and reference laboratories, the Centre shall foster the development of sufficient capacity within the Community for the diagnosis, detection, identification and characterisation of infectious agents which may threaten public health. The Centre shall maintain and extend such cooperation and support the implementation of quality assurance schemes.

4.   The Centre shall cooperate with the competent bodies recognised by the Member States, particularly on preparatory work for scientific opinions, scientific and technical assistance, collection of data and identification of emerging health threats.

Article 6

Scientific opinions and studies

1.   The Centre shall provide independent scientific opinions, expert advice, data and information.

2.   The Centre shall seek to maintain scientific excellence at all times through the best expertise available. Where independent scientific expertise is not available from existing dedicated surveillance networks, the Centre may set up independent ad hoc scientific panels.

3.   The Centre may promote and initiate scientific studies necessary for the performance of its mission and applied scientific studies and projects on the feasibility, development and preparation of its activities. The Centre shall avoid duplication with Member States' or Community research programmes.

4.   The Centre shall consult the Commission with regard to the planning and priority setting of research and public health studies.

Article 7

Procedure for scientific opinions

1.   The Centre shall issue a scientific opinion:

| a) | at the request of the Commission, in respect of any matter within its mission, and in all cases where Community legislation makes provision for the Centre to be consulted; |
| --- | --- |

a)

at the request of the Commission, in respect of any matter within its mission, and in all cases where Community legislation makes provision for the Centre to be consulted;

| b) | at the request of the European Parliament or a Member State, on matters falling within its mission; and |
| --- | --- |

b)

at the request of the European Parliament or a Member State, on matters falling within its mission; and

| c) | on its own initiative, on matters falling within its mission. |
| --- | --- |

c)

on its own initiative, on matters falling within its mission.

2.   Requests referred to in paragraph 1 shall be accompanied by background information explaining the scientific issue to be addressed and the Community interest.

3.   The Centre shall issue scientific opinions within a mutually agreed time frame.

4.   Where different requests are made on the same issues or where the request is not in accordance with paragraph 2, or is unclear, the Centre may either refuse, or propose amendments to a request for an opinion in consultation with the institution or Member State(s) that made the request. Justifications for the refusal shall be given to the institution or Member States(s) that made the request.

5.   Where the Centre has already delivered a scientific opinion on the specific topic in a request and it concludes that there are no scientific elements justifying the re-examination, information supporting that conclusion shall be given to the institution or Member State(s) that made the request.

6.   The Centre's internal rules shall specify requirements regarding the format, explanatory background and publication of a scientific opinion.

Article 8

Operation of the Early Warning and Response System

1.   The Centre shall support and assist the Commission by operating the Early Warning and Response System and by ensuring with the Member States the capacity to respond in a coordinated manner.

2.   The Centre shall analyse the content of messages received by it via the Early Warning and Response System. The Centre shall provide information, expertise, advice and risk assessment. The Centre shall also take action to ensure that the Early Warning and Response System is efficiently and effectively linked with other Community alert systems (e.g. animal health, food and feed, and civil protection).

Article 9

Scientific and technical assistance and training

1.   The Centre shall provide scientific and technical expertise to the Member States, the Commission and other Community agencies in the development, regular review and updating of preparedness plans, and also in the development of intervention strategies in the fields within its mission.

2.   The Centre may be requested by the Commission, the Member States, third countries and international organisations (in particular the WHO) to provide scientific or technical assistance in any field within its mission. Scientific and technical assistance provided by the Centre shall be based on evidence-based science and technology. Such assistance may include aiding the Commission and Member States to develop technical guidelines on good practice and on protective measures to be taken in response to human health threats, providing expert assistance and mobilising and coordinating investigation teams. The Centre shall respond within its financial capacity and mandate.

3.   Requests for scientific or technical assistance to the Centre shall be accompanied by a set deadline which must be agreed with the Centre.

4.   In the event of such a request for assistance from the Commission, a Member State, a third country or an international organisation, where the financial capacity of the Centre is not adequate to deal with that request, the Centre shall assess the request and explore possibilities for response directly or through other Community mechanisms.

5.   The Centre shall inform Member States' authorities and the Commission without delay, within the framework of the Community Network set up by Decision No 2119/98/EC, of any such request and of its intentions.

6.   The Centre shall, as appropriate, support and coordinate training programmes in order to assist Member States and the Commission to have sufficient numbers of trained specialists, in particular in epidemiological surveillance and field investigations, and to have a capability to define health measures to control disease outbreaks.

Article 10

Identification of emerging health threats

1.   The Centre shall in the fields within its mission establish, in cooperation with the Member States, procedures for systematically searching for, collecting, collating and analysing information and data with a view to the identification of emerging health threats which may have mental as well as physical health consequences and which could affect the Community.

2.   The Centre shall forward to the European Parliament, the Council and the Commission an annual evaluation of the current and emerging threats to health in the Community.

3.   The Centre shall also inform the Commission and Member States as soon as possible about findings which require their immediate attention.

Article 11

Collection and analysis of data

1.   The Centre shall coordinate data collection, validation, analysis and dissemination of data at Community level, including on vaccination strategies. The statistical element of this data collection will be developed in collaboration with Member States using, as necessary, the Community Statistical Programme, to promote synergy and avoid duplication.

2.   For the purposes of paragraph 1, the Centre shall:

| — | develop with the competent bodies of the Member States and the Commission appropriate procedures to facilitate consultation and data transmission and access; |
| --- | --- |

—

develop with the competent bodies of the Member States and the Commission appropriate procedures to facilitate consultation and data transmission and access;

| — | carry out technical and scientific evaluation of prevention and control measures at Community level; and |
| --- | --- |

—

carry out technical and scientific evaluation of prevention and control measures at Community level; and

| — | work in close cooperation with the competent bodies of the organisations operating in the field of data collection from the Community, third countries, the WHO, and other international organisations. |
| --- | --- |

—

work in close cooperation with the competent bodies of the organisations operating in the field of data collection from the Community, third countries, the WHO, and other international organisations.

3.   The Centre shall make available relevant information collected as referred to in paragraphs 1 and 2 to the Member States in an objective, reliable and easily accessible way.

Article 12

Communications on the activities of the Centre

1.   The Centre shall communicate on its own initiative in the fields within its mission, after having given prior information to the Member States and to the Commission. It shall ensure that the public and any interested parties are rapidly given objective, reliable and easily accessible information with regard to the results of its work. In order to achieve these objectives, the Centre shall make available information for the general public, including through a dedicated website. It shall also publish its opinions produced in accordance with Article 6.

2.   The Centre shall act in close collaboration with the Member States and the Commission to promote the necessary coherence in the risk communication process on health threats.

3.   The Centre shall cooperate as appropriate with the competent bodies in the Member States and other interested parties with regard to public information campaigns.

CHAPTER 3

ORGANISATION

Article 13

Bodies of the Centre

The Centre shall comprise:

| a) | a Management Board; |
| --- | --- |

a)

a Management Board;

| b) | a Director and his/her staff; |
| --- | --- |

b)

a Director and his/her staff;

| c) | an Advisory Forum. |
| --- | --- |

c)

an Advisory Forum.

Article 14

Management Board

1.   The Management Board shall be composed of one member designated by each Member State, two members designated by the European Parliament and three members representing and appointed by the Commission.

2.   The members of the Board shall be appointed in such a way as to secure the highest standards of competence and a broad range of relevant expertise.

Alternates who represent the member in his/her absence shall be appointed by the same procedure.

Members' term of office shall be four years and can be extended.

3.   The Management Board shall adopt the Centre's internal rules on the basis of a proposal by the Director. These rules shall be made public.

The Management Board shall elect one of its members as its Chair for a two-year period, which shall be extendable.

The Management Board shall meet at least twice a year at the invitation of the Chair, or at the request of at least a third of its members.

4.   The Management Board shall adopt its rules of procedure.

5.   The Management Board shall:

| a) | exercise disciplinary authority over the Director and appoint or dismiss him/her pursuant to Article 17; |
| --- | --- |

a)

exercise disciplinary authority over the Director and appoint or dismiss him/her pursuant to Article 17;

| b) | ensure that the Centre carries out its mission and performs the tasks assigned to it under the conditions laid down in this Regulation including on the basis of regular independent and external evaluations to be carried out every five years; |
| --- | --- |

b)

ensure that the Centre carries out its mission and performs the tasks assigned to it under the conditions laid down in this Regulation including on the basis of regular independent and external evaluations to be carried out every five years;

| c) | compile a list of competent bodies referred to in Article 5 and make it public; |
| --- | --- |

c)

compile a list of competent bodies referred to in Article 5 and make it public;

| d) | adopt, before 31 January each year, the Centre's programme of work for the coming year. It shall also adopt a revisable multi-annual programme. The Management Board shall ensure that these programmes are consistent with the Community's legislative and policy priorities in the area of its mission. Before 30 March each year, the Management Board shall adopt the general report on the Centre's activities for the previous year; |
| --- | --- |

d)

adopt, before 31 January each year, the Centre's programme of work for the coming year. It shall also adopt a revisable multi-annual programme. The Management Board shall ensure that these programmes are consistent with the Community's legislative and policy priorities in the area of its mission. Before 30 March each year, the Management Board shall adopt the general report on the Centre's activities for the previous year;

| e) | adopt the financial rules applicable to the Centre after the Commission has been consulted. They may not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6), unless specifically required for the Centre's operation and with the Commission's prior consent; |
| --- | --- |

e)

adopt the financial rules applicable to the Centre after the Commission has been consulted. They may not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6), unless specifically required for the Centre's operation and with the Commission's prior consent;

| f) | determine by unanimity of its members the rules governing the languages of the Centre, including the possibility of a distinction between the internal workings of the Centre and the external communication, taking into account the need to ensure access to, and participation in, the work of the Centre by all interested parties in both cases. |
| --- | --- |

f)

determine by unanimity of its members the rules governing the languages of the Centre, including the possibility of a distinction between the internal workings of the Centre and the external communication, taking into account the need to ensure access to, and participation in, the work of the Centre by all interested parties in both cases.

6.   The Director shall take part in the meetings of the Management Board, without voting rights, and shall provide the Secretariat.

Article 15

Voting

1.   The Management Board shall take its decisions by a simple majority of all members. A two-thirds majority of all members shall be required for the adoption of its rules of procedure, the Centre's internal rules of operation, the budget, the annual work programme and the appointment and removal of the Director.

2.   Each of these members shall have one vote. The Director of the Centre shall not vote.

3.   In the absence of a member, his/her alternate shall be entitled to exercise his/her right to vote.

4.   The rules of procedure shall establish the more detailed voting arrangements, in particular, the conditions for a member to act on behalf of another member.

Article 16

Director

1.   The Centre shall be managed by its Director, who shall be completely independent in the performance in his/her duties, without prejudice to the respective competencies of the Commission and the Management Board.

2.   The Director shall be the legal representative of the Centre and shall be responsible for:

| a) | the day-to-day administration of the Centre; |
| --- | --- |

a)

the day-to-day administration of the Centre;

| b) | drawing up draft work programmes; |
| --- | --- |

b)

drawing up draft work programmes;

| c) | preparation of discussions within the Management Board; |
| --- | --- |

c)

preparation of discussions within the Management Board;

| d) | implementing the work programmes and the decisions adopted by the Management Board; |
| --- | --- |

d)

implementing the work programmes and the decisions adopted by the Management Board;

| e) | ensuring the provision of appropriate scientific, technical and administrative support for the Advisory Forum; |
| --- | --- |

e)

ensuring the provision of appropriate scientific, technical and administrative support for the Advisory Forum;

| f) | ensuring that the Centre carries out its tasks in accordance with the requirements of its users, in particular with regard to the scientific excellence and independence of activities and opinions, the adequacy of the services provided and the time taken; |
| --- | --- |

f)

ensuring that the Centre carries out its tasks in accordance with the requirements of its users, in particular with regard to the scientific excellence and independence of activities and opinions, the adequacy of the services provided and the time taken;

| g) | preparing the statement of revenue and expenditure and executing the budget of the Centre; |
| --- | --- |

g)

preparing the statement of revenue and expenditure and executing the budget of the Centre;

| h) | all staff matters, and in particular the exercise of powers laid down in Article 29(2). |
| --- | --- |

h)

all staff matters, and in particular the exercise of powers laid down in Article 29(2).

3.   Each year, the Director shall submit to the Management Board for approval:

| a) | a draft general report covering all the activities of the Centre in the previous year; |
| --- | --- |

a)

a draft general report covering all the activities of the Centre in the previous year;

| b) | draft work programmes; |
| --- | --- |

b)

draft work programmes;

| c) | the draft annual accounts for the previous year; |
| --- | --- |

c)

the draft annual accounts for the previous year;

| d) | the draft budget for the coming year. |
| --- | --- |

d)

the draft budget for the coming year.

4.   The Director shall, following adoption by the Management Board, by 15 June at the latest forward the annual report on the Centre's activities to the European Parliament, the Council, the Commission, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions. The Centre shall forward annually to the budgetary authority any information relevant to the outcome of the evaluation procedures.

5.   The Director shall report on the Centre's activities to the Management Board.

Article 17

Appointment of the Director

1.   The Director shall be appointed by the Management Board on the basis of a list of candidates proposed by the Commission after an open competition, following publication in the Official Journal of the European Union and elsewhere of a call for expressions of interest, for a period of five years, which may be extended once for a further period of up to five years.

2.   Before appointment, the candidate nominated by the Management Board shall be invited without delay to make a statement before the European Parliament and to answer questions put by members of that institution.

Article 18

Advisory Forum

1.   The Advisory Forum shall be composed of members from technically competent bodies in the Member States which undertake tasks similar to those of the Centre, on the basis of one representative designated by each Member State recognised for his/her scientific competence, as well as three members without the right to vote nominated by the Commission and representing interested parties at European level, such as non-governmental organisations representing patients, professional bodies, or academia. Representatives may be replaced by alternates, appointed at the same time.

2.   Members of the Advisory Forum shall not be members of the Management Board.

3.   The Advisory Forum shall support the Director in ensuring the scientific excellence and independence of activities and opinions of the Centre.

4.   The Advisory Forum shall constitute a mechanism for an exchange of information on health threats and the pooling of knowledge. It shall ensure close cooperation between the Centre and the competent bodies in the Member States in particular on the following items:

| a) | coherence of the Centre's scientific studies with Member States; |
| --- | --- |

a)

coherence of the Centre's scientific studies with Member States;

| b) | in those circumstances where the Centre and a national body cooperate; |
| --- | --- |

b)

in those circumstances where the Centre and a national body cooperate;

| c) | the promoting, starting up and supervising of the European networks within the fields of the Centre's mission; |
| --- | --- |

c)

the promoting, starting up and supervising of the European networks within the fields of the Centre's mission;

| d) | where the Centre or a Member State identifies an emerging public health threat; |
| --- | --- |

d)

where the Centre or a Member State identifies an emerging public health threat;

| e) | the setting up of scientific panels by the Centre; |
| --- | --- |

e)

the setting up of scientific panels by the Centre;

| f) | scientific and public health priorities to be addressed in the work programme. |
| --- | --- |

f)

scientific and public health priorities to be addressed in the work programme.

5.   The Advisory Forum shall be chaired by the Director or, in his or her absence, by a deputy from within the Centre. It shall meet regularly at the invitation of the Director, or at the request of at least a third of its members, and not less than four times per year. Its operational procedures shall be specified in the Centre's internal rules and shall be made public.

6.   Representatives of the Commission's departments may participate in the work of the Advisory Forum.

7.   The Centre shall provide the technical and logistic support necessary for the Advisory Forum and provide a secretariat for its meetings.

8.   The Director may invite experts or representatives of professional or scientific bodies, or nongovernmental organisations with recognised experience in disciplines related to the work of the Centre to cooperate in specific tasks and to take part in the relevant activities of the Advisory Forum.

CHAPTER 4

TRANSPARENCY AND CONFIDENTIALITY

Article 19

Declaration of Interest

1.   The members of the Management Board, the members of the Advisory Forum, scientific panels and the Director shall undertake to act in the public interest.

2.   The members of the Management Board, the Director, the members of the Advisory Forum, as well as external experts participating in scientific panels shall make a declaration of commitment and a declaration of interests indicating either the absence of any interests which might be considered prejudicial to their independence or any direct or indirect interests which might be considered prejudicial to their independence. Those declarations shall be made annually in writing.

3.   The Director, the members of the Advisory Forum, as well as external experts participating in scientific panels shall declare at each meeting any interests which might be considered prejudicial to their independence in relation to the items on the agenda. In such cases these persons have to disqualify themselves from relevant discussions and decisions.

Article 20

Transparency and protection of information

1.   Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (7) shall apply to documents held by the Centre.

2.   The Management Board shall adopt the practical arrangements for implementing Regulation (EC) No 1049/2001 within six months of entry into force of this Regulation.

3.   Decisions taken by the Centre pursuant to Article 8 of Regulation (EC) No 1049/2001 may give rise to the lodging of a complaint to the Ombudsman or form the subject of an action before the Court of Justice of the European Communities, under the conditions laid down in Articles 195 and 230 of the Treaty respectively.

4.   Personal data shall not be processed or communicated except in cases where this is strictly necessary for the fulfilment of the mission of the Centre. In such cases, Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8) shall apply.

Article 21

Confidentiality

1.   Without prejudice to Article 20, the Centre shall not divulge to third parties confidential information that it receives for which confidential treatment has been requested and justified, except for information which must be made public if circumstances so require, in order to protect public health. Without prejudice to Decision No 2119/98/EC, if the confidential information has been submitted by a Member State, this information cannot be disclosed without the prior consent of that Member State.

2.   Members of the Management Board, the Director, as well as external experts participating in the scientific panels, members of the Advisory Forum, and members of the staff of the Centre, even after their duties have ceased, shall be subject to the requirements of confidentiality pursuant to Article 287 of the Treaty.

3.   The conclusions of the scientific opinions delivered by the Centre relating to foreseeable health effects shall on no account be kept confidential.

4.   The Centre shall lay down in its internal rules the practical arrangements for implementing the confidentiality rules referred to in paragraphs 1 and 2.

CHAPTER 5

FINANCIAL PROVISIONS

Article 22

Drawing up of the budget

1.   Estimates of all the revenue and expenditure of the Centre shall be prepared for each financial year, corresponding to the calendar year, and shall be shown in the budget of the Centre.

2.   The revenue and expenditure shown in the budget of the Centre shall be in balance.

3.   The revenue of the Centre shall, without prejudice to other resources, comprise:

| a) | a subsidy from the Community entered in the general budget of the European Union (Commission section); |
| --- | --- |

a)

a subsidy from the Community entered in the general budget of the European Union (Commission section);

| b) | payments received for services rendered; |
| --- | --- |

b)

payments received for services rendered;

| c) | any financial contributions from the competent bodies referred to in Article 5; |
| --- | --- |

c)

any financial contributions from the competent bodies referred to in Article 5;

| d) | any voluntary contribution from the Member States. |
| --- | --- |

d)

any voluntary contribution from the Member States.

4.   The expenditure of the Centre shall include staff remuneration, administrative and infrastructure costs, operating expenses and expenses resulting from contracts entered into with the institutions or with third parties.

5.   Each year the Management Board, on the basis of a draft drawn up by the Director, shall produce an estimate of revenue and expenditure for the Centre for the following financial year. This estimate, which shall include a draft establishment plan, shall be forwarded by the Management Board to the Commission by 31 March at the latest.

6.   The estimate shall be forwarded by the Commission to the European Parliament and the Council (hereinafter referred to as the ‘budgetary authority’) together with the preliminary draft budget of European Union.

7.   On the basis of the estimate, the Commission shall enter in the preliminary draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Article 272 of the Treaty.

8.   The budgetary authority shall authorise the appropriations for the subsidy to the Centre. The budgetary authority shall adopt the establishment plan for the Centre.

9.   The budget of the Centre shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly.

10.   The Management Board shall, as soon as possible, notify the budgetary authority of its intention to implement any project which may have significant financial implications for the funding of its budget, in particular any projects relating to property such as the rental or purchase of buildings. It shall inform the Commission thereof.

Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project.

Article 23

Implementation of the Centre's budget

1.   The Director shall implement the Centre's budget.

2.   By 1 March at the latest following each financial year, the Centre's accounting officer shall communicate the provisional accounts to the Commission's accounting officer together with a report on the budgetary and financial management for that financial year. The Commission's accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 128 of the Financial Regulation.

3.   By 31 March at the latest following each financial year, the Commission's accounting officer shall forward the Centre's provisional accounts to the Court of Auditors, together with a report on the budgetary and financial management for that financial year. The report on the budgetary and financial management for that financial year shall also be forwarded to the European Parliament and the Council.

4.   On receipt of the Court of Auditors' observations on the Centre's provisional accounts, pursuant to Article 129 of the Financial Regulation, the Director shall draw up the Centre's final accounts under his/her own responsibility and forward them to the Management Board for an opinion.

5.   The Management Board shall deliver an opinion on the Centre's final accounts.

6.   The Director shall, by 1 July at the latest following each financial year, forward the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board's opinion.

7.   The final accounts shall be published.

8.   The Director shall send the Court of Auditors a reply to its observations by 30 September at the latest. He/she shall also send this reply to the Management Board.

9.   The Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 146(3) of the Financial Regulation.

10.   The European Parliament, on a recommendation from the Council acting by a qualified majority, shall, before 30 April of year N + 2, give a discharge to the Director in respect of the implementation of the budget for year N.

Article 24

Application of the Financial Regulation

Article 185 of the Financial Regulation shall apply to the discharge of the Centre's budget, its audits, and accounting rules.

Article 25

Combating fraud

1.   In order to combat fraud, corruption and other unlawful activities, the provisions of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (9) shall apply without restriction to the Centre.

2.   The Centre shall accede to the Inter-institutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-Fraud Office (OLAF) (10) and shall issue, without delay, the appropriate provisions applicable to all of its staff.

3.   The decisions concerning funding and the implementing agreements and instruments resulting therefrom shall explicitly stipulate that the Court of Auditors and OLAF may carry out, if necessary, on-the-spot checks of the recipients of the Centre's funding and the agents responsible for allocating it.

CHAPTER 6

GENERAL PROVISIONS

Article 26

Legal personality and privileges

1.   The Centre shall have legal personality. In all Member States it shall enjoy the widest powers granted by law to legal persons. In particular, it may acquire and dispose of movable and immovable property and institute legal proceedings.

2.   The Protocol on the privileges and immunities of the European Communities shall apply to the Centre.

Article 27

Liability

1.   The contractual liability of the Centre shall be governed by the law applicable to the contract in question. The Court of Justice of the European Communities shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by the Centre.

2.   In the case of non-contractual liability, the Centre shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by it or its servants in the performance of their duties. The Court of Justice shall have jurisdiction in any dispute relating to compensation for such damage.

3.   The personal liability of its servants towards the Centre shall be governed by the relevant provisions applying to the staff of the Centre.

Article 28

Examination of legality

1.   Member States, members of the Management Board and third parties directly and personally involved may refer to the Commission any act of the Centre, whether express or implied, for the Commission to examine the legality of that act.

2.   Referral shall be made to the Commission within fifteen days of the day on which the party concerned first became aware of the act in question.

3.   The Commission shall take a decision within one month. If no decision has been taken within this period, the case shall be deemed to have been dismissed.

4.   An action for annulment of the Commission's explicit or implicit decision referred to in paragraph 3 to reject the administrative appeal may be brought before the Court of Justice in accordance with Article 230 of the Treaty.

Article 29

Staff

1.   The staff of the Centre shall be subject to the rules and the regulations applicable to officials and other staff of the European Communities.

2.   In respect of its staff, the Centre shall exercise the powers which have been devolved to the appointing authority.

3.   Secondment to the Centre of public health experts, including epidemiologists, for a defined period of time, for the achievement of certain specified tasks of the Centre will be encouraged within the framework of existing regulations.

Article 30

Participation of third countries

1.   The Centre shall be open to the participation of countries, which have concluded agreements with the Community by virtue of which they have adopted and apply legislation of equivalent effect to Community legislation in the field covered by this Regulation.

2.   Arrangements shall be made under the relevant provisions of those agreements, specifying in particular the nature, extent and manner in which these countries are to participate in the Centre's work, including provisions relating to participation in the networks operated by the Centre, inclusion in the list of competent organisations to which certain tasks may be entrusted by the Centre, financial contributions and staff.

CHAPTER 7

FINAL PROVISIONS

Article 31

Review clause

1.   By ... (11), the Centre shall commission an independent external evaluation of its achievements on the basis of terms of reference issued by the Management Board in agreement with the Commission. The evaluation shall assess:

| a) | the possible need to extend the scope of the Centre's mission to other relevant Community-level activities in the field of public health, in particular to health monitoring; and |
| --- | --- |

a)

the possible need to extend the scope of the Centre's mission to other relevant Community-level activities in the field of public health, in particular to health monitoring; and

| b) | the timing of further such reviews. |
| --- | --- |

b)

the timing of further such reviews.

This assessment shall take into account the tasks of the Centre, the working practices and the impact of the Centre on the prevention and control of human disease, and shall include an analysis of the synergy effects and the financial implications of such an extension. The evaluation shall take into account the views of the stakeholders, at both Community and national level.

2.   The Management Board shall examine the conclusions of the evaluation and issue to the Commission such recommendations as may be necessary regarding changes in the Centre, its working practices and the scope of its mission. The Commission shall forward the evaluation report and the recommendations to the European Parliament and the Council and make them public. After assessment of the evaluation report and the recommendations, the Commission may submit any proposals for amendments to this Regulation which it deems necessary.

Article 32

Commencement of the centre's operation

The Centre shall be operational by ... (12).

Article 33

Entry into force

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

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

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 32, 5.2.2004, p. 57.

1

(2)  Position of the European Parliament of 10 February 2004.

2

(3)  OJ L 268, 3.10.1998, p. 1. Decision as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

3

(4)  Council Regulation (EC, Euratom) No 1605/2002 (OJ L 248, 16.9.2002, p. 1).

4

(5)  OJ L 21, 26.1.2000, p. 32.

5

(6)  OJ L 357, 31.12.2002, p. 72.

6

(7)  OJ L 145, 31.5.2001, p. 43.

7

(8)  OJ L 8, 12.1.2001, p. 1.

8

(9)  OJ L 136, 31.5.1999, p. 1.

9

(10)  OJ L 136, 31.5.1999, p. 15.

10

(11)  Three years after the date of entry into force of this Regulation.

11

(12)  Twelve months after the date of entry into force of this Regulation.

12

P5_TA(2004)0079

Preparations for the 60th session of the UN Commission on Human Rights

European Parliament resolution on the EU's rights, priorities and recommendations for the 60th Session of the UN Commission on Human Rights in Geneva (15 March to 23 April 2004)

The European Parliament,

| — | having regard to the 60th Session of the UN Commission on Human Rights (UNCHR), which will be held in Geneva from 15 March to 23 April 2004, |
| --- | --- |

—

having regard to the 60th Session of the UN Commission on Human Rights (UNCHR), which will be held in Geneva from 15 March to 23 April 2004,

| — | having regard to the EU Treaty and its provisions on human rights, |
| --- | --- |

—

having regard to the EU Treaty and its provisions on human rights,

| — | having regard to the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union,

| — | having regard to the Commission communication to the Council and the European Parliament on the European Union's role in promoting human rights and democratisation in third countries (COM(2001) 252) and its resolution of 25 April 2002 (1) on that communication, |
| --- | --- |

—

having regard to the Commission communication to the Council and the European Parliament on the European Union's role in promoting human rights and democratisation in third countries (COM(2001) 252) and its resolution of 25 April 2002 (1) on that communication,

| — | having regard to its resolution of 4 September 2003 on human rights in the world in 2002 and European Union human rights policy (2), |
| --- | --- |

—

having regard to its resolution of 4 September 2003 on human rights in the world in 2002 and European Union human rights policy (2),

| — | having regard to its previous resolutions on the UN Commission on Human Rights since 1996, |
| --- | --- |

—

having regard to its previous resolutions on the UN Commission on Human Rights since 1996,

| — | having regard to its resolution of 29 January 2004 on the relations between the EU and the United Nations (3), |
| --- | --- |

—

having regard to its resolution of 29 January 2004 on the relations between the EU and the United Nations (3),

| — | having regard to Rule 37(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 37(2) of its Rules of Procedure,

| A. | whereas one of the main objectives of the European Union must be to uphold the universality and indivisibility, as well as the interdependent and interrelated nature of all human rights, including civil, political, economic, social and cultural rights, |
| --- | --- |

A.

whereas one of the main objectives of the European Union must be to uphold the universality and indivisibility, as well as the interdependent and interrelated nature of all human rights, including civil, political, economic, social and cultural rights,

| B. | whereas the protection and promotion of human and fundamental rights are among the most fundamental principles of the Union, |
| --- | --- |

B.

whereas the protection and promotion of human and fundamental rights are among the most fundamental principles of the Union,

| C. | whereas the promotion and defence of human rights, democracy and the rule of law are a high priority for the European Union in all its relations with third countries, in particular in its Common Foreign and Security Policy and in its Development and Cooperation policy, |
| --- | --- |

C.

whereas the promotion and defence of human rights, democracy and the rule of law are a high priority for the European Union in all its relations with third countries, in particular in its Common Foreign and Security Policy and in its Development and Cooperation policy,

| D. | strongly condemning the assassination of the High Commissioner for Human Rights, Mr Sérgio Vieira de Mello, along with members of the UN team in Baghdad on 19 August 2003, |
| --- | --- |

D.

strongly condemning the assassination of the High Commissioner for Human Rights, Mr Sérgio Vieira de Mello, along with members of the UN team in Baghdad on 19 August 2003,

| E. | whereas the UNCHR is the main UN body for the promotion and protection of human rights around the world, |
| --- | --- |

E.

whereas the UNCHR is the main UN body for the promotion and protection of human rights around the world,

| F. | welcoming the European Union initiatives tabled at the 59th session of the UNCHR, including 11 country resolutions and 2 thematic resolutions, and the numerous resolutions it co-sponsored, making the EU one of the most active players at the UNCHR, |
| --- | --- |

F.

welcoming the European Union initiatives tabled at the 59th session of the UNCHR, including 11 country resolutions and 2 thematic resolutions, and the numerous resolutions it co-sponsored, making the EU one of the most active players at the UNCHR,

| G. | welcoming the re-introduction of resolutions on the Democratic Republic of Congo (DRC), Burma, Burundi, East Timor, the Middle-East conflict (4) and Colombia, and new initiatives adopted on Belarus, North Korea and Turkmenistan, |
| --- | --- |

G.

welcoming the re-introduction of resolutions on the Democratic Republic of Congo (DRC), Burma, Burundi, East Timor, the Middle-East conflict (4) and Colombia, and new initiatives adopted on Belarus, North Korea and Turkmenistan,

| H. | concerned that resolutions were not adopted on the following countries in relation to which the European Parliament had called on the European Union to sponsor or co-sponsor texts: China, in particular addressing the situation in Tibet and Xinjiang, Algeria, Tunisia, Libya, Saudi Arabia, Indonesia, the Central African Republic, Côte d'Ivoire, Iran and Nepal, |
| --- | --- |

H.

concerned that resolutions were not adopted on the following countries in relation to which the European Parliament had called on the European Union to sponsor or co-sponsor texts: China, in particular addressing the situation in Tibet and Xinjiang, Algeria, Tunisia, Libya, Saudi Arabia, Indonesia, the Central African Republic, Côte d'Ivoire, Iran and Nepal,

| I. | concerned by the fact that the resolutions on Sudan, Chechnya and Zimbabwe sponsored by the EU were rejected at the 59th session of the UNCHR, |
| --- | --- |

I.

concerned by the fact that the resolutions on Sudan, Chechnya and Zimbabwe sponsored by the EU were rejected at the 59th session of the UNCHR,

| J. | concerned in particular by the motion of ’no-action’ adopted at the initiative of South Africa on Zimbabwe and by the absence of any reference in the resolution on Cuba to the 78 peaceful prodemocracy activists condemned to long prison sentences in April 2003, |
| --- | --- |

J.

concerned in particular by the motion of ’no-action’ adopted at the initiative of South Africa on Zimbabwe and by the absence of any reference in the resolution on Cuba to the 78 peaceful prodemocracy activists condemned to long prison sentences in April 2003,

| K. | welcoming the fact that the 59th UNCHR session forcefully condemned the death penalty and made clear that the execution of juveniles is absolutely prohibited by international law, |
| --- | --- |

K.

welcoming the fact that the 59th UNCHR session forcefully condemned the death penalty and made clear that the execution of juveniles is absolutely prohibited by international law,

| L. | welcoming the unanimous decision to renew the mandate of the Special Representative of the Secretary-General of the United Nations on Human Rights Defenders, |
| --- | --- |

L.

welcoming the unanimous decision to renew the mandate of the Special Representative of the Secretary-General of the United Nations on Human Rights Defenders,

| M. | whereas the fight against terrorism should not be used by any government to act against the legitimate exercise of basic human rights and democratic principles, and must ultimately contribute to the strengthening of the rule of law and these fundamental principles, |
| --- | --- |

M.

whereas the fight against terrorism should not be used by any government to act against the legitimate exercise of basic human rights and democratic principles, and must ultimately contribute to the strengthening of the rule of law and these fundamental principles,

| N. | whereas the fact that there is a human rights dialogue between the EU and a third country should not prevent the EU from either submitting a resolution on the human rights situation in that country or providing support for an initiative by the third country, |
| --- | --- |

N.

whereas the fact that there is a human rights dialogue between the EU and a third country should not prevent the EU from either submitting a resolution on the human rights situation in that country or providing support for an initiative by the third country,

| O. | whereas a permanent and constructive interinstitutional dialogue between the European Parliament, the Commission and the Council is essential to give consistency and coherence to the action of the European Union at the 60th UNCHR session, |
| --- | --- |

O.

whereas a permanent and constructive interinstitutional dialogue between the European Parliament, the Commission and the Council is essential to give consistency and coherence to the action of the European Union at the 60th UNCHR session,

| P. | welcoming the very recent Sana'a Declaration on democracy, human rights and the role of the International Criminal Court, adopted by the representatives of all the Arab countries and the countries of the Horn of Africa, |
| --- | --- |

P.

welcoming the very recent Sana'a Declaration on democracy, human rights and the role of the International Criminal Court, adopted by the representatives of all the Arab countries and the countries of the Horn of Africa,

| 1. | Reaffirms that respecting, promoting and safeguarding the universality of human rights is part of the European Union's ethical and legal acquis and one of the cornerstones of European unity and integrity; |
| --- | --- |

1.

Reaffirms that respecting, promoting and safeguarding the universality of human rights is part of the European Union's ethical and legal acquis and one of the cornerstones of European unity and integrity;

| 2. | Calls on the Council and the Commission to work for the universal ratification of all human rights instruments; |
| --- | --- |

2.

Calls on the Council and the Commission to work for the universal ratification of all human rights instruments;

| 3. | Welcomes the work done by the European Union in favour of the universal ratification of the Rome Statute of the International Criminal Court, and the Common Position adopted in June 2003 (5), and calls on the Union to continue its work; |
| --- | --- |

3.

Welcomes the work done by the European Union in favour of the universal ratification of the Rome Statute of the International Criminal Court, and the Common Position adopted in June 2003 (5), and calls on the Union to continue its work;

| 4. | Calls on the Presidency and Member States to request that, as a prerequisite for membership of the UNCHR, governments should have ratified core human rights treaties, complied with their reporting obligations, issued open invitations to the UN human rights experts and not have been condemned by the UNCHR for human rights violations; |
| --- | --- |

4.

Calls on the Presidency and Member States to request that, as a prerequisite for membership of the UNCHR, governments should have ratified core human rights treaties, complied with their reporting obligations, issued open invitations to the UN human rights experts and not have been condemned by the UNCHR for human rights violations;

| 5. | Calls on the EU Member States, in view of the role played by the EU and its Member States in bringing about the Sana'a Conference, to sponsor a resolution, in agreement with the states which adopted the Sana'a Declaration, endorsing its content and promoting the necessary follow-up; |
| --- | --- |

5.

Calls on the EU Member States, in view of the role played by the EU and its Member States in bringing about the Sana'a Conference, to sponsor a resolution, in agreement with the states which adopted the Sana'a Declaration, endorsing its content and promoting the necessary follow-up;

| 6. | Calls, in particular, on new members of the UNCHR to use their term on the UNCHR to demonstrate their commitment to human rights; |
| --- | --- |

6.

Calls, in particular, on new members of the UNCHR to use their term on the UNCHR to demonstrate their commitment to human rights;

| 7. | Calls on the Council and the Commission to support the UN in its efforts to send human rights Special Rapporteurs to countries where human rights violations are taking place, in particular countries which have close ties with the EU; |
| --- | --- |

7.

Calls on the Council and the Commission to support the UN in its efforts to send human rights Special Rapporteurs to countries where human rights violations are taking place, in particular countries which have close ties with the EU;

| 8. | Calls on the Presidency and the Member States to sponsor or co-sponsor a resolution to strengthen the special procedures of the UNCHR, including through allocating adequate resources to assist their effective functioning; |
| --- | --- |

8.

Calls on the Presidency and the Member States to sponsor or co-sponsor a resolution to strengthen the special procedures of the UNCHR, including through allocating adequate resources to assist their effective functioning;

| 9. | Reaffirms its concern at the fact that the value of the UN Commission on Human Rights risks being substantially diminished by its regrettable tendency to become highly politicised; regrets that debates and resolutions in previous years did not reflect the human rights situation but rather the mobilisation of support for countries that were accused of human rights violations, and that no-action motions against resolutions often succeeded, following high-profile campaigns by the countries concerned; urges that all the necessary reform measures be taken to reverse this politicisation and thereby maintain the credibility of this important forum; |
| --- | --- |

9.

Reaffirms its concern at the fact that the value of the UN Commission on Human Rights risks being substantially diminished by its regrettable tendency to become highly politicised; regrets that debates and resolutions in previous years did not reflect the human rights situation but rather the mobilisation of support for countries that were accused of human rights violations, and that no-action motions against resolutions often succeeded, following high-profile campaigns by the countries concerned; urges that all the necessary reform measures be taken to reverse this politicisation and thereby maintain the credibility of this important forum;

| 10. | Calls on the Council Presidency to sponsor or co-sponsor a resolution to create an effective system for monitoring and evaluating the implementation by governments of recommendations from the Commission and the Special Procedures in order to achieve greater accountability by states; |
| --- | --- |

10.

Calls on the Council Presidency to sponsor or co-sponsor a resolution to create an effective system for monitoring and evaluating the implementation by governments of recommendations from the Commission and the Special Procedures in order to achieve greater accountability by states;

| 11. | Reaffirms the need for strengthened consultation, cooperation and coordination between the EU and the UN, in particular the UNCHR; |
| --- | --- |

11.

Reaffirms the need for strengthened consultation, cooperation and coordination between the EU and the UN, in particular the UNCHR;

| 12. | Reiterates its recommendation that arrangements be sought with the Council and the Commission to allow the President of the European Parliament to make a policy statement on Parliament's behalf at the 60th session; |
| --- | --- |

12.

Reiterates its recommendation that arrangements be sought with the Council and the Commission to allow the President of the European Parliament to make a policy statement on Parliament's behalf at the 60th session;

| 13. | Calls on the EU to promote an initiative within the UNCHR on the extremely serious situation regarding the rule of law and justice in Russia, as highlighted by the Russian authorities' alarming attitude towards Mr Khodorkovsky and other persons accused in the Yukos affair and all the abuses committed during legal proceedings; |
| --- | --- |

13.

Calls on the EU to promote an initiative within the UNCHR on the extremely serious situation regarding the rule of law and justice in Russia, as highlighted by the Russian authorities' alarming attitude towards Mr Khodorkovsky and other persons accused in the Yukos affair and all the abuses committed during legal proceedings;

| 14. | Calls on the European Union to promote a specific initiative within the UN Commission on Human Rights regarding the extremely serious situation in the Palestinian territories, in order to achieve a just and lasting solution to the conflict and bring to an end the occupation, the repression and the building of the wall in violation of international law; |
| --- | --- |

14.

Calls on the European Union to promote a specific initiative within the UN Commission on Human Rights regarding the extremely serious situation in the Palestinian territories, in order to achieve a just and lasting solution to the conflict and bring to an end the occupation, the repression and the building of the wall in violation of international law;

| 15. | Calls on the Council, the Member States and the Commission to strengthen the activities of the UN Commission on Human Rights as well as those of the UN Sub-Commission on the Promotion and the Protection of Human Rights dedicated to indigenous issues, in particular the Working Group on Indigenous Populations; |
| --- | --- |

15.

Calls on the Council, the Member States and the Commission to strengthen the activities of the UN Commission on Human Rights as well as those of the UN Sub-Commission on the Promotion and the Protection of Human Rights dedicated to indigenous issues, in particular the Working Group on Indigenous Populations;

| 16. | Calls on the EU, while taking due account of the fact that the following list is not exhaustive, that the circumstances differ substantially from country to country and that the situation in some countries has improved; calls on the EU to sponsor or co-sponsor resolutions on China (in particular addressing the situation in Tibet and Xinjiang and the repression of the Falun Gong), Iran, Pakistan, India (in particular addressing the situation in Gujarat), Indonesia (in particular in Aceh and Papua), Nepal, North Korea, Vietnam, Colombia, Cuba, Haiti, Iraq, the Israeli Occupied Territories and the area under the Palestinian Authority, Algeria, Tunisia, Morocco, Libya, Liberia, Saudi Arabia, the Central African Republic, Côte d'Ivoire, Cameroon, the Democratic Republic of Congo, Togo, Zimbabwe, Sudan, Chechnya, Belarus, Turkmenistan and Uzbekistan; |
| --- | --- |

16.

Calls on the EU, while taking due account of the fact that the following list is not exhaustive, that the circumstances differ substantially from country to country and that the situation in some countries has improved; calls on the EU to sponsor or co-sponsor resolutions on China (in particular addressing the situation in Tibet and Xinjiang and the repression of the Falun Gong), Iran, Pakistan, India (in particular addressing the situation in Gujarat), Indonesia (in particular in Aceh and Papua), Nepal, North Korea, Vietnam, Colombia, Cuba, Haiti, Iraq, the Israeli Occupied Territories and the area under the Palestinian Authority, Algeria, Tunisia, Morocco, Libya, Liberia, Saudi Arabia, the Central African Republic, Côte d'Ivoire, Cameroon, the Democratic Republic of Congo, Togo, Zimbabwe, Sudan, Chechnya, Belarus, Turkmenistan and Uzbekistan;

| 17. | Calls on the Council to respect the resolution which was overwhelmingly adopted by the European Parliament on 18 December 2003 (6), calling for the EU arms embargo on China to be firmly maintained; |
| --- | --- |

17.

Calls on the Council to respect the resolution which was overwhelmingly adopted by the European Parliament on 18 December 2003 (6), calling for the EU arms embargo on China to be firmly maintained;

| 18. | Regrets in this connection that the European Union has so far lacked the political will to manage the initiative in favour of a universal moratorium on executions at the UN General Assembly, as repeatedly requested by Parliament and as the Italian Presidency had announced; points out that such inappropriate behaviour only serves to weaken the position of the EU as a whole and to lessen the chances of success of what is nonetheless a timely initiative; |
| --- | --- |

18.

Regrets in this connection that the European Union has so far lacked the political will to manage the initiative in favour of a universal moratorium on executions at the UN General Assembly, as repeatedly requested by Parliament and as the Italian Presidency had announced; points out that such inappropriate behaviour only serves to weaken the position of the EU as a whole and to lessen the chances of success of what is nonetheless a timely initiative;

| 19. | Calls on all states that retain the death penalty to act in accordance with Resolution 2003/67 adopted at the 59th session of the UNCHR, |
| --- | --- |

19.

Calls on all states that retain the death penalty to act in accordance with Resolution 2003/67 adopted at the 59th session of the UNCHR,

| 20. | Calls on the Council and the Commission to give due attention to the question of impunity in respect of violations of international human rights and humanitarian law; |
| --- | --- |

20.

Calls on the Council and the Commission to give due attention to the question of impunity in respect of violations of international human rights and humanitarian law;

| 21. | Calls on the EU to support the full integration of a gender perspective throughout the United Nations system; |
| --- | --- |

21.

Calls on the EU to support the full integration of a gender perspective throughout the United Nations system;

| 22. | Calls on the Presidency to sponsor or co-sponsor resolutions on: human rights and terrorism, impunity, independence of the judiciary, administration of justice, torture and detention, disappearances and summary executions, rights of the child and particularly the dramatic problem of children in armed conflicts, rights of women (in particular reproductive rights), human rights defenders, freedom of the press and protection of journalists, protection of internally displaced persons, religious intolerance, indigenous peoples, modern forms of slavery, and sexual orientation; |
| --- | --- |

22.

Calls on the Presidency to sponsor or co-sponsor resolutions on: human rights and terrorism, impunity, independence of the judiciary, administration of justice, torture and detention, disappearances and summary executions, rights of the child and particularly the dramatic problem of children in armed conflicts, rights of women (in particular reproductive rights), human rights defenders, freedom of the press and protection of journalists, protection of internally displaced persons, religious intolerance, indigenous peoples, modern forms of slavery, and sexual orientation;

| 23. | Calls on the Presidency to sponsor a resolution calling on the US to immediately clarify the situation of the prisoners in Guantánamo in respect of international human rights standards and humanitarian law, and consequently either to put them on trial or to release them; reiterates its call for an independent UN monitoring mechanism to be established in order to monitor and analyse the human rights impact of counter-terrorism measures in all countries; calls on the EU to support its establishment as a matter of the utmost priority; |
| --- | --- |

23.

Calls on the Presidency to sponsor a resolution calling on the US to immediately clarify the situation of the prisoners in Guantánamo in respect of international human rights standards and humanitarian law, and consequently either to put them on trial or to release them; reiterates its call for an independent UN monitoring mechanism to be established in order to monitor and analyse the human rights impact of counter-terrorism measures in all countries; calls on the EU to support its establishment as a matter of the utmost priority;

| 24. | Calls on the EU to sponsor a resolution calling on the US to guarantee a trial for Saddam Hussein which respects international judicial standards of openness and fairness, such as by an internationally led tribunal; |
| --- | --- |

24.

Calls on the EU to sponsor a resolution calling on the US to guarantee a trial for Saddam Hussein which respects international judicial standards of openness and fairness, such as by an internationally led tribunal;

| 25. | Calls on the EU to sponsor a resolution on the situation of the Dalits, as well as on the dowryrelated murder of women in Asia; |
| --- | --- |

25.

Calls on the EU to sponsor a resolution on the situation of the Dalits, as well as on the dowryrelated murder of women in Asia;

| 26. | Calls specifically on the Presidency to act in favour of the Brazilian initiative on discrimination on grounds of sexual orientation and gender identity by signing and gathering other countries' support for the resolution tabled by Brazil, and to ensure that the issue stays on the agenda; |
| --- | --- |

26.

Calls specifically on the Presidency to act in favour of the Brazilian initiative on discrimination on grounds of sexual orientation and gender identity by signing and gathering other countries' support for the resolution tabled by Brazil, and to ensure that the issue stays on the agenda;

| 27. | Calls on the Presidency, the Commission and the Member States to make more determined representations to all the parties concerned and within the competent United Nations bodies with a view to achieving the release of all Moroccan prisoners of war held by the Polisario Front and all Saharawi prisoners of war held by Morocco; calls on Morocco and the Polisario Front to continue to cooperate with the International Committee of the Red Cross to resolve the fate of persons who are unaccounted for since the beginning of the conflict, in accordance with UN Security Council Resolution 1495 (2003) and the repeated appeals of the international community; |
| --- | --- |

27.

Calls on the Presidency, the Commission and the Member States to make more determined representations to all the parties concerned and within the competent United Nations bodies with a view to achieving the release of all Moroccan prisoners of war held by the Polisario Front and all Saharawi prisoners of war held by Morocco; calls on Morocco and the Polisario Front to continue to cooperate with the International Committee of the Red Cross to resolve the fate of persons who are unaccounted for since the beginning of the conflict, in accordance with UN Security Council Resolution 1495 (2003) and the repeated appeals of the international community;

| 28. | Reaffirms the need for a coordinated, concerted and well-prepared approach on the part of the European Union prior to, during and after the 60th UNCHR session so as to ensure an efficient and effective contribution to its proceedings; |
| --- | --- |

28.

Reaffirms the need for a coordinated, concerted and well-prepared approach on the part of the European Union prior to, during and after the 60th UNCHR session so as to ensure an efficient and effective contribution to its proceedings;

| 29. | Asks its Conference of Presidents to establish an ad hoc delegation of Members of the European Parliament to attend the 60th session of the UNCHR; |
| --- | --- |

29.

Asks its Conference of Presidents to establish an ad hoc delegation of Members of the European Parliament to attend the 60th session of the UNCHR;

| 30. | Calls on the Council and the Commission to report back in full to Parliament in plenary session on the outcome of the UNCHR no later than May 2004; and points out that their report should outline in detail not only the issues on which the EU and its Member States sponsored or co-sponsored resolutions and the range of actions taken by the EU during the UNCHR session, but also when and why such sponsoring was not undertaken; |
| --- | --- |

30.

Calls on the Council and the Commission to report back in full to Parliament in plenary session on the outcome of the UNCHR no later than May 2004; and points out that their report should outline in detail not only the issues on which the EU and its Member States sponsored or co-sponsored resolutions and the range of actions taken by the EU during the UNCHR session, but also when and why such sponsoring was not undertaken;

| 31. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Secretary-General of the United Nations, the Council of Europe, and the governments of the countries mentioned in this resolution. |
| --- | --- |

31.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Secretary-General of the United Nations, the Council of Europe, and the governments of the countries mentioned in this resolution.

---

(1)  OJ C 131 E, 5.6.2003, p. 147.

(2)  P5_TA(2003)0375.

(3)  P5_TA(2004)0037.

(4)  Situation in occupied Palestine (2003/3), human rights in the occupied Syrian Golan (2003/5), question of the violation of human rights in the occupied Arab territories, including Palestine (2003/6), Israeli settlements in the occupied Arab territories (2003/7), human rights situation of the Lebanese detainees in Israel (2003/8).

(5)  OJ L 150, 18.6.2003, p. 67.

(6)  P5_TA(2003)0599.

P5_TA(2004)0080

Rating agencies

European Parliament resolution on Role and methods of rating agencies (2003/2081(INI))

The European Parliament,

| — | having regard to the IOSCO (1) statement of principles regarding the activities of credit rating agencies, |
| --- | --- |

—

having regard to the IOSCO (1) statement of principles regarding the activities of credit rating agencies,

| — | having regard to the implementation of the Financial Services Action Plan, in particular Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading (2); Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) (3) and Commission Directive 2003/125/EC of 22 December 2003, implementing Directive 2003/6/EC as regards the fair presentation of investment recommendations and the disclosure of conflicts of interest (4), |
| --- | --- |

—

having regard to the implementation of the Financial Services Action Plan, in particular Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading (2); Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) (3) and Commission Directive 2003/125/EC of 22 December 2003, implementing Directive 2003/6/EC as regards the fair presentation of investment recommendations and the disclosure of conflicts of interest (4),

| — | having regard to the concept release published by the United States' Securities and Exchange Commission (SEC) on ‘Rating Agencies and the Use of Credit Ratings Under the Federal Securities Laws’ dated 4 June 2003, |
| --- | --- |

—

having regard to the concept release published by the United States' Securities and Exchange Commission (SEC) on ‘Rating Agencies and the Use of Credit Ratings Under the Federal Securities Laws’ dated 4 June 2003,

| — | having regard to the comments of the Financial Stability Forum, |
| --- | --- |

—

having regard to the comments of the Financial Stability Forum,

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

—

having regard to Rule 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A5-0040/2004), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A5-0040/2004),

| A. | whereas rating agencies have, on the whole, established a solid reputation of responsibility, independence of opinion and effectiveness in assessing the creditworthiness of borrowers in financial markets, |
| --- | --- |

A.

whereas rating agencies have, on the whole, established a solid reputation of responsibility, independence of opinion and effectiveness in assessing the creditworthiness of borrowers in financial markets,

| B. | whereas, on a few special occasions, rating agencies have been criticised either for providing inappropriate ratings or for contributing to market destabilisation, |
| --- | --- |

B.

whereas, on a few special occasions, rating agencies have been criticised either for providing inappropriate ratings or for contributing to market destabilisation,

| C. | whereas the structure of the ratings industry is heavily concentrated, both globally and locally, |
| --- | --- |

C.

whereas the structure of the ratings industry is heavily concentrated, both globally and locally,

| D. | whereas potential conflicts of interests have been identified in the methods of remuneration, in the conditions of access to inside information and in the ancillary businesses of rating agencies, |
| --- | --- |

D.

whereas potential conflicts of interests have been identified in the methods of remuneration, in the conditions of access to inside information and in the ancillary businesses of rating agencies,

| E. | whereas the ownership and business orientation of rating agencies is predominantly centred on the United States, |
| --- | --- |

E.

whereas the ownership and business orientation of rating agencies is predominantly centred on the United States,

| F. | whereas the United States regulatory authorities (SEC) have proclaimed a number of selected agencies as Nationally Recognised Statistical Ratings Organisations (NRSROs) and have established among agencies a hierarchy fraught with serious regulatory implications and protectionist overtones, |
| --- | --- |

F.

whereas the United States regulatory authorities (SEC) have proclaimed a number of selected agencies as Nationally Recognised Statistical Ratings Organisations (NRSROs) and have established among agencies a hierarchy fraught with serious regulatory implications and protectionist overtones,

| G. | whereas the distinction between investment grade and speculative grade ratings has implications only when the relevant ratings are issued by NRSROs, |
| --- | --- |

G.

whereas the distinction between investment grade and speculative grade ratings has implications only when the relevant ratings are issued by NRSROs,

| H. | whereas the SEC is not formally bound to apply specific criteria in selecting an agency as a NRSRO, |
| --- | --- |

H.

whereas the SEC is not formally bound to apply specific criteria in selecting an agency as a NRSRO,

| I. | whereas no regulatory authority corresponding to the SEC exists in the European Union, |
| --- | --- |

I.

whereas no regulatory authority corresponding to the SEC exists in the European Union,

| J. | whereas European capital markets are faced with the prospect of an ever-increasing use of rating assessments for business and for regulatory purposes, |
| --- | --- |

J.

whereas European capital markets are faced with the prospect of an ever-increasing use of rating assessments for business and for regulatory purposes,

| K. | whereas a growing number of agencies provide ratings based on non-financial criteria, such as ethical, social or environmental criteria, and whereas such ratings will probably increasingly influence the investment decisions of private and professional investors, |
| --- | --- |

K.

whereas a growing number of agencies provide ratings based on non-financial criteria, such as ethical, social or environmental criteria, and whereas such ratings will probably increasingly influence the investment decisions of private and professional investors,

| L. | whereas, as practised by the agencies, rating is a continuous assessment process involving both the upgrading and downgrading of debtors, |
| --- | --- |

L.

whereas, as practised by the agencies, rating is a continuous assessment process involving both the upgrading and downgrading of debtors,

| M. | whereas downgrading has both regulatory implications (loss of eligibility of securities for institutional portfolios) and cost implications (posting additional collateral, adjusting coupon rates or accelerating reimbursement of debt), |
| --- | --- |

M.

whereas downgrading has both regulatory implications (loss of eligibility of securities for institutional portfolios) and cost implications (posting additional collateral, adjusting coupon rates or accelerating reimbursement of debt),

| N. | whereas every witness giving testimony at Parliament's public hearing on 24 November 2003, except the representative of a public regulator, testified that regulation was unnecessary and could be counter-productive. However, the witnesses invited by Parliament did not constitute a statistically-controlled, random and unbiased sample of market participants; in addition, some of the witnesses may have been swayed by the great influence exercised over market opinion by the agencies themselves, |
| --- | --- |

N.

whereas every witness giving testimony at Parliament's public hearing on 24 November 2003, except the representative of a public regulator, testified that regulation was unnecessary and could be counter-productive. However, the witnesses invited by Parliament did not constitute a statistically-controlled, random and unbiased sample of market participants; in addition, some of the witnesses may have been swayed by the great influence exercised over market opinion by the agencies themselves,

| 1. | Acknowledges the usefulness for issuers, investors and regulators of the evaluation, undertaken by the rating agencies, of the creditworthiness of debtors and their standing against other non-financial criteria, but also recognises the risks of depending so predominantly on such assessments; |
| --- | --- |

1.

Acknowledges the usefulness for issuers, investors and regulators of the evaluation, undertaken by the rating agencies, of the creditworthiness of debtors and their standing against other non-financial criteria, but also recognises the risks of depending so predominantly on such assessments;

| 2. | Recognises the contribution made by the rating agencies in lowering of the cost of capital, insofar as they reduce information asymmetries among market participants and enhance a feeling of greater certainty about debt performance; |
| --- | --- |

2.

Recognises the contribution made by the rating agencies in lowering of the cost of capital, insofar as they reduce information asymmetries among market participants and enhance a feeling of greater certainty about debt performance;

| 3. | Notes that individual cases of failure, particularly when occasioned by fraud, are not in themselves evidence of the failure of a rating agency, since ratings reflect the chance or probability of default on debts. Only if the number of occasions of default diverges markedly from the benchmark for that rating range or if grounds of suspicion of fraud in specific egregious cases were too obvious to be neglected, can the system be said to have failed; |
| --- | --- |

3.

Notes that individual cases of failure, particularly when occasioned by fraud, are not in themselves evidence of the failure of a rating agency, since ratings reflect the chance or probability of default on debts. Only if the number of occasions of default diverges markedly from the benchmark for that rating range or if grounds of suspicion of fraud in specific egregious cases were too obvious to be neglected, can the system be said to have failed;

| 4. | Follows with interest the critical appraisal of the activities of the rating agencies undertaken by the United States authorities, especially as occasioned by the bankruptcy of the Enron corporation; |
| --- | --- |

4.

Follows with interest the critical appraisal of the activities of the rating agencies undertaken by the United States authorities, especially as occasioned by the bankruptcy of the Enron corporation;

| 5. | Calls upon the Commission to undertake all necessary steps, including in particular a cost-benefit analysis of the effects on European capital markets, to assess the establishment of a competent European Registration Scheme under the auspices of the Committee of European Securities Regulators (CESR) for the registration of rating agencies in Europe, conducted on the basis of well-specified, publicly advertised criteria involving credibility with market participants, objectivity, independence, expertise of staff, adequate funding, the existence of proper procedures for identifying and dealing with conflicts of interest and transparency of operations. In this regard, calls upon the Commission to maintain close contact with other securities market regulators and the International Organization of Securities Commissions to ensure that any developments in this area are globally consistent; also calls on the Commission to report to Parliament on relevant developments by 31 July 2005 and periodically thereafter; |
| --- | --- |

5.

Calls upon the Commission to undertake all necessary steps, including in particular a cost-benefit analysis of the effects on European capital markets, to assess the establishment of a competent European Registration Scheme under the auspices of the Committee of European Securities Regulators (CESR) for the registration of rating agencies in Europe, conducted on the basis of well-specified, publicly advertised criteria involving credibility with market participants, objectivity, independence, expertise of staff, adequate funding, the existence of proper procedures for identifying and dealing with conflicts of interest and transparency of operations. In this regard, calls upon the Commission to maintain close contact with other securities market regulators and the International Organization of Securities Commissions to ensure that any developments in this area are globally consistent; also calls on the Commission to report to Parliament on relevant developments by 31 July 2005 and periodically thereafter;

| 6. | Calls on the Commission and the Committee of European Securities Regulators (CESR) to establish and maintain close contact with the US authorities on the conduct and outcome of their investigation and to inform Parliament of any regulatory developments decided upon in the United States; |
| --- | --- |

6.

Calls on the Commission and the Committee of European Securities Regulators (CESR) to establish and maintain close contact with the US authorities on the conduct and outcome of their investigation and to inform Parliament of any regulatory developments decided upon in the United States;

| 7. | Calls for rating agencies which take greater account of the specific characteristics and needs of small and medium-sized enterprises than the existing agencies to be promoted in Europe; |
| --- | --- |

7.

Calls for rating agencies which take greater account of the specific characteristics and needs of small and medium-sized enterprises than the existing agencies to be promoted in Europe;

| 8. | Regards specialisation in a certain sector of the market, or in specific attributes of rated entities, as constituting no obstacle for an agency to be treated by the authorities on an equal basis with its more wide-ranging colleagues; |
| --- | --- |

8.

Regards specialisation in a certain sector of the market, or in specific attributes of rated entities, as constituting no obstacle for an agency to be treated by the authorities on an equal basis with its more wide-ranging colleagues;

| 9. | Asks the Commission, CESR and the European Banking Committee (EBC) to make specific recommendations in the light of any conclusions of the Financial Services Forum, the IOSCO report on credit rating agencies, and the experience and reform of rating agency approval by the US Securities and Exchange Commission as regards the criteria needed to ensure more transparency of the rating agencies' operations and the need for a review of a regulatory mechanism by 31 July 2005 and periodically thereafter; |
| --- | --- |

9.

Asks the Commission, CESR and the European Banking Committee (EBC) to make specific recommendations in the light of any conclusions of the Financial Services Forum, the IOSCO report on credit rating agencies, and the experience and reform of rating agency approval by the US Securities and Exchange Commission as regards the criteria needed to ensure more transparency of the rating agencies' operations and the need for a review of a regulatory mechanism by 31 July 2005 and periodically thereafter;

| 10. | Considers that accountability, given the public good objectives of rating agencies, is an important goal to pursue, and that agencies should undertake both to report on their yearly activities and on the finances of solely their rating activities. In addition, taking account of the principles set out in the IOSCO report, rating agencies should be invited to discuss a voluntary industry body that would determine best practice, encourage training and provide a disputes and arbitration procedure for issuers or investors that felt aggrieved by the process of a rating agency's decision; |
| --- | --- |

10.

Considers that accountability, given the public good objectives of rating agencies, is an important goal to pursue, and that agencies should undertake both to report on their yearly activities and on the finances of solely their rating activities. In addition, taking account of the principles set out in the IOSCO report, rating agencies should be invited to discuss a voluntary industry body that would determine best practice, encourage training and provide a disputes and arbitration procedure for issuers or investors that felt aggrieved by the process of a rating agency's decision;

| 11. | Regards the agencies as obliged to announce to the market all cases of unsolicited ratings they may have engaged in and to be ready to provide the market, upon request, with a full explanation of any substantial difference between unsolicited and any subsequently solicited rating of the same debt or rated entity, if such a difference emerges; |
| --- | --- |

11.

Regards the agencies as obliged to announce to the market all cases of unsolicited ratings they may have engaged in and to be ready to provide the market, upon request, with a full explanation of any substantial difference between unsolicited and any subsequently solicited rating of the same debt or rated entity, if such a difference emerges;

| 12. | Decisively rejects any attempt at regulatory intervention into the substance of the opinions expressed by the agencies, by means of their ratings and other statements, regarding the creditworthiness of the debtors that they assess, or in the timing of publication of such ratings; stresses the need for total freedom of expression and for the agencies' independence from political and business influence; |
| --- | --- |

12.

Decisively rejects any attempt at regulatory intervention into the substance of the opinions expressed by the agencies, by means of their ratings and other statements, regarding the creditworthiness of the debtors that they assess, or in the timing of publication of such ratings; stresses the need for total freedom of expression and for the agencies' independence from political and business influence;

| 13. | Recognises that the line between the regulation of process and the regulation of content and opinion may prove hard to draw; believes this to be an important consideration to take into account in reaching any regulatory solution. In addition, notes that the debt of sovereign governments is rated, and that administrative requirements of regulatory agencies may be used to exert indirect pressure for higher ratings of government debt; |
| --- | --- |

13.

Recognises that the line between the regulation of process and the regulation of content and opinion may prove hard to draw; believes this to be an important consideration to take into account in reaching any regulatory solution. In addition, notes that the debt of sovereign governments is rated, and that administrative requirements of regulatory agencies may be used to exert indirect pressure for higher ratings of government debt;

| 14. | Regards issuers or other debtors who choose to have their debt rated, as being under an obligation to supply the rating agencies with all relevant information on an ongoing basis and to respond positively to specific requests by the agencies, in the context of increasing market transparency; |
| --- | --- |

14.

Regards issuers or other debtors who choose to have their debt rated, as being under an obligation to supply the rating agencies with all relevant information on an ongoing basis and to respond positively to specific requests by the agencies, in the context of increasing market transparency;

| 15. | Considers agencies to be subject to similar obligations of transparency with respect to their methods, the models applied and the fee-paying nature of their relationship with issuers; |
| --- | --- |

15.

Considers agencies to be subject to similar obligations of transparency with respect to their methods, the models applied and the fee-paying nature of their relationship with issuers;

| 16. | Considers it an obligation of ratings users, whether in the private or in the public domain, to use ratings with proper regard for the stability of financial markets, especially by disclosing any rating triggers included in loan agreements or face the sanction of such clauses being declared null and void; |
| --- | --- |

16.

Considers it an obligation of ratings users, whether in the private or in the public domain, to use ratings with proper regard for the stability of financial markets, especially by disclosing any rating triggers included in loan agreements or face the sanction of such clauses being declared null and void;

| 17. | Asks the competition authorities of the European Union to examine the state of concentration prevailing in the ratings industry and to consider if any evidence of oligopoly has arisen as a result; |
| --- | --- |

17.

Asks the competition authorities of the European Union to examine the state of concentration prevailing in the ratings industry and to consider if any evidence of oligopoly has arisen as a result;

| 18. | Calls on the Commission to submit, by 31 July 2005, its assessment of the need for appropriate legislative proposals to deal with the issues in the present Resolution and to ensure that any provisions adopted are consistent with the conditions relating to the recognition of rating agencies laid down in the Commission services consultation paper of 1 July 2003 on the review of capital requirements for banks and investment firms (Basle II); |
| --- | --- |

18.

Calls on the Commission to submit, by 31 July 2005, its assessment of the need for appropriate legislative proposals to deal with the issues in the present Resolution and to ensure that any provisions adopted are consistent with the conditions relating to the recognition of rating agencies laid down in the Commission services consultation paper of 1 July 2003 on the review of capital requirements for banks and investment firms (Basle II);

| 19. | Instructs its President to forward this resolution to the Council and the Commission, the US Securities and Exchange Commission and the International Organisation of Securities Commissions. |
| --- | --- |

19.

Instructs its President to forward this resolution to the Council and the Commission, the US Securities and Exchange Commission and the International Organisation of Securities Commissions.

---

(1)  International Organisation of Securities Commissions.

(2)  OJ L 345, 31.12.2003, p. 64.

(3)  OJ L 96, 12.4.2003, p. 16.

(4)  OJ L 339, 24.12.2003, p. 73.

P5_TA(2004)0081

Private and state undertakings in developing countries

European Parliament resolution on the Communication from the Commission to the Council and the European Parliament on the reform of state-owned enterprises in developing countries with focus on public utilities: the need to assess all the options (COM(2003) 326 — 2003/2158(INI)) and the Communication from the Commission to the Council and the European Parliament on European Community cooperation with third countries: The Commission's approach to future support for the development of the business sector (COM(2003) 267 — 2003/2158(INI)

The European Parliament,

| — | having regard to the Commission's communication (COM(2003) 326), |
| --- | --- |

—

having regard to the Commission's communication (COM(2003) 326),

| — | having regard to the Commission's communication (COM(2003) 267), |
| --- | --- |

—

having regard to the Commission's communication (COM(2003) 267),

| — | having regard to its resolution of 3 September 2002 on trade and development for poverty eradication and food security (1), |
| --- | --- |

—

having regard to its resolution of 3 September 2002 on trade and development for poverty eradication and food security (1),

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

—

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

| — | having regard to the report of the Committee on Development and Cooperation and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0015/2004), |
| --- | --- |

—

having regard to the report of the Committee on Development and Cooperation and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0015/2004),

| A. | whereas at the beginning of the 1980s the approach to the economic development of the less developed countries changed from one based on a management role for the State in planning the economy and the market to one based on liberalisation, competition and elimination of barriers to trade, |
| --- | --- |

A.

whereas at the beginning of the 1980s the approach to the economic development of the less developed countries changed from one based on a management role for the State in planning the economy and the market to one based on liberalisation, competition and elimination of barriers to trade,

| B. | whereas this change of paradigm was supported by the international donor community and the policies of the World Bank, International Monetary Fund and European Union, |
| --- | --- |

B.

whereas this change of paradigm was supported by the international donor community and the policies of the World Bank, International Monetary Fund and European Union,

| C. | whereas, from the beginning of the 1980s, the Bretton Woods institutions and donor countries implemented structural adjustment programmes in line with economic liberalisation which were designed to bring about the withdrawal of the State from the economy and improve the management of the sectors of the economy concerned, |
| --- | --- |

C.

whereas, from the beginning of the 1980s, the Bretton Woods institutions and donor countries implemented structural adjustment programmes in line with economic liberalisation which were designed to bring about the withdrawal of the State from the economy and improve the management of the sectors of the economy concerned,

| D. | whereas poverty reduction is the overriding objective of the EU's development work, |
| --- | --- |

D.

whereas poverty reduction is the overriding objective of the EU's development work,

| E. | whereas the reform of state-owned enterprises is an essential element in liberalisation, and economic efficiency requires that all available resources be employed to improve the performance of these enterprises in order to enhance their value and thus contribute appropriately to the reduction of poverty, |
| --- | --- |

E.

whereas the reform of state-owned enterprises is an essential element in liberalisation, and economic efficiency requires that all available resources be employed to improve the performance of these enterprises in order to enhance their value and thus contribute appropriately to the reduction of poverty,

| F. | whereas developing countries' experience of liberalisation, structural adjustment programmes and the reform and privatisation of state-owned enterprises varies widely, including in terms of their economic results; whereas in some cases the positive aspects outweigh the negative, while in others the opposite is true, |
| --- | --- |

F.

whereas developing countries' experience of liberalisation, structural adjustment programmes and the reform and privatisation of state-owned enterprises varies widely, including in terms of their economic results; whereas in some cases the positive aspects outweigh the negative, while in others the opposite is true,

| G. | whereas the European Union's development cooperation involves the private sector, and whereas the various regional programmes entail important measures relating to the private sector, |
| --- | --- |

G.

whereas the European Union's development cooperation involves the private sector, and whereas the various regional programmes entail important measures relating to the private sector,

| H. | whereas the Cotonou partnership agreement involves the private sector as an actor in ACP-EU cooperation and describes investment and the development of the private sector as central elements in economic development, |
| --- | --- |

H.

whereas the Cotonou partnership agreement involves the private sector as an actor in ACP-EU cooperation and describes investment and the development of the private sector as central elements in economic development,

| 1. | Welcomes the communications from the Commission on the reform of state-owned enterprises in developing countries and on the Commission's approach to future support for the development of the business sector in third countries; |
| --- | --- |

1.

Welcomes the communications from the Commission on the reform of state-owned enterprises in developing countries and on the Commission's approach to future support for the development of the business sector in third countries;

| 2. | Stresses that the EU must be neutral with regard to the forms of ownership of enterprises, pursuant to Article 295 of the EC Treaty, to which the Commission communication also refers, and that a more active EU role in promoting the reform of state-owned enterprises must therefore be confined to advice and support for decisions in developing countries concerning the matter while avoiding exerting any pressure; |
| --- | --- |

2.

Stresses that the EU must be neutral with regard to the forms of ownership of enterprises, pursuant to Article 295 of the EC Treaty, to which the Commission communication also refers, and that a more active EU role in promoting the reform of state-owned enterprises must therefore be confined to advice and support for decisions in developing countries concerning the matter while avoiding exerting any pressure;

| 3. | Welcomes the Commission's approach to the reform of state-owned enterprises in developing countries, which does not conceal the perplexities and uncertainties involved in the process, particularly the difficulties of reconciling privatisation measures with guaranteed equal access for all to services of general interest at an affordable price; considers, however, that the Commission should rely more heavily on EU experience and should not refuse (as it has done so far) to carry out a transparent, public and openly debated assessment of the effect which liberalisation has had on employment, on the quality and the extent of the services provided and on working conditions in Europe; |
| --- | --- |

3.

Welcomes the Commission's approach to the reform of state-owned enterprises in developing countries, which does not conceal the perplexities and uncertainties involved in the process, particularly the difficulties of reconciling privatisation measures with guaranteed equal access for all to services of general interest at an affordable price; considers, however, that the Commission should rely more heavily on EU experience and should not refuse (as it has done so far) to carry out a transparent, public and openly debated assessment of the effect which liberalisation has had on employment, on the quality and the extent of the services provided and on working conditions in Europe;

| 4. | Agrees with the Commission that reform of state-owned enterprises in developing countries should certainly not be confined to privatisation measures but that the options should be individually assessed in each case and as objective as possible a decision should be taken on the basis of such an assessment as to what form reforms should take; asks the Commission to give due consideration to the importance in developing countries of affordable access to services of general interest, which should be protected in the event of privatisation, recognising that water supply, drainage, energy supply, education and health services are important in meeting basic needs; |
| --- | --- |

4.

Agrees with the Commission that reform of state-owned enterprises in developing countries should certainly not be confined to privatisation measures but that the options should be individually assessed in each case and as objective as possible a decision should be taken on the basis of such an assessment as to what form reforms should take; asks the Commission to give due consideration to the importance in developing countries of affordable access to services of general interest, which should be protected in the event of privatisation, recognising that water supply, drainage, energy supply, education and health services are important in meeting basic needs;

| 5. | Stresses that the various options for a reform of state-owned enterprises must be assigned equal status, that an objective assessment must not be prevented by ideological prejudices and that a differentiated and pragmatic strategy for the reform of state-owned enterprises is based on examination of the success rates in recent history of the different options, is thus appropriate; |
| --- | --- |

5.

Stresses that the various options for a reform of state-owned enterprises must be assigned equal status, that an objective assessment must not be prevented by ideological prejudices and that a differentiated and pragmatic strategy for the reform of state-owned enterprises is based on examination of the success rates in recent history of the different options, is thus appropriate;

| 6. | Recommends that the Commission strive towards reform and privatisation strategies which substantially involve domestic investors and that it should devote particular attention to ‘small’ decentralised solutions which are worked out by developing countries and whose beneficiaries are small and medium-sized undertakings and micro-enterprises, which play an essential part in the economic development of developing countries, create many of the jobs and generate a substantial proportion of national income, whereas ‘large-scale’ solutions which seek to bring about take-overs of State-owned enterprises by multinational corporations and groups can have adverse side-effects unless they are in line with the United Nations Global Compact launched by Kofi Annan in 1999 at the World Economic Forum in Davos, the OECD Guidelines for Multinational Enterprises and the European Parliament's resolution of 15 January 1999 on EU standards for European enterprises operating in developing countries: towards a European Code of Conduct (2); |
| --- | --- |

6.

Recommends that the Commission strive towards reform and privatisation strategies which substantially involve domestic investors and that it should devote particular attention to ‘small’ decentralised solutions which are worked out by developing countries and whose beneficiaries are small and medium-sized undertakings and micro-enterprises, which play an essential part in the economic development of developing countries, create many of the jobs and generate a substantial proportion of national income, whereas ‘large-scale’ solutions which seek to bring about take-overs of State-owned enterprises by multinational corporations and groups can have adverse side-effects unless they are in line with the United Nations Global Compact launched by Kofi Annan in 1999 at the World Economic Forum in Davos, the OECD Guidelines for Multinational Enterprises and the European Parliament's resolution of 15 January 1999 on EU standards for European enterprises operating in developing countries: towards a European Code of Conduct (2);

| 7. | Is convinced that privatisation of a state-owned enterprise must not be an end in itself but that priority must be given to combating poverty by improving the services available to the public and reinforcing the national economy, including creating real, i.e. economically sustainable, jobs, for which a lasting improvement in the economic situation of the undertaking is a precondition; recalls that combining the provision of modern public services with private companies can be a useful method and that privatisation must not result in a State monopoly's being replaced with a private one, bearing in mind that a coherent strategy which increases the opportunities for private investment is an essential element for the success of development models; |
| --- | --- |

7.

Is convinced that privatisation of a state-owned enterprise must not be an end in itself but that priority must be given to combating poverty by improving the services available to the public and reinforcing the national economy, including creating real, i.e. economically sustainable, jobs, for which a lasting improvement in the economic situation of the undertaking is a precondition; recalls that combining the provision of modern public services with private companies can be a useful method and that privatisation must not result in a State monopoly's being replaced with a private one, bearing in mind that a coherent strategy which increases the opportunities for private investment is an essential element for the success of development models;

| 8. | Acknowledges the dominant role of Trans-National Corporations (TNCs) in multilateral trade (responsible for 70 % of world trade activity) and that the top 200 TNCs have a combined turnover greater than a quarter of the world's economic activity, amounting to some 28,3 % of world GDP, and regrets that there is a lack of recognition by political decision makers of the decisive role that could be played by them; |
| --- | --- |

8.

Acknowledges the dominant role of Trans-National Corporations (TNCs) in multilateral trade (responsible for 70 % of world trade activity) and that the top 200 TNCs have a combined turnover greater than a quarter of the world's economic activity, amounting to some 28,3 % of world GDP, and regrets that there is a lack of recognition by political decision makers of the decisive role that could be played by them;

| 9. | Points out that, a short while ago, the ACP-EU Joint Parliamentary Assembly meeting in Rome asked the Commission not to issue any calls for privatisation of the water-supply industry in developing countries, either in connection with the General Agreement on Trade in Services (GATS) or under any regional or bilateral agreements; |
| --- | --- |

9.

Points out that, a short while ago, the ACP-EU Joint Parliamentary Assembly meeting in Rome asked the Commission not to issue any calls for privatisation of the water-supply industry in developing countries, either in connection with the General Agreement on Trade in Services (GATS) or under any regional or bilateral agreements;

| 10. | Notes that market economies rely on a wide array of non-market institutions that perform regulatory, stabilising and legitimising functions, the quality of a country's public institutions, measures to combat corruption and better regulation being critically determinant of a country's long-term development; |
| --- | --- |

10.

Notes that market economies rely on a wide array of non-market institutions that perform regulatory, stabilising and legitimising functions, the quality of a country's public institutions, measures to combat corruption and better regulation being critically determinant of a country's long-term development;

| 11. | Is convinced therefore that — in accordance with the communication from the Commission — privatisation is only permissible if certain conditions are complied with, particularly if the government clearly sets objectives and priorities, all options are considered, transparency is ensured throughout the process, the appropriate legal framework is provided, the financial sector is reformed in parallel, and the reform process is accompanied by appropriate social safeguards and takes account of the viewpoints of organisations representing civil society, particularly trade unions and users' associations, and such organisations are involved in preparing and monitoring the decisions to be taken and that reform must respect certain conditions, such as a clear government statement of objectives and priorities, all options are considered; transparency; an appropriate legal framework; and appropriate social safeguards, including consultation with civil society; |
| --- | --- |

11.

Is convinced therefore that — in accordance with the communication from the Commission — privatisation is only permissible if certain conditions are complied with, particularly if the government clearly sets objectives and priorities, all options are considered, transparency is ensured throughout the process, the appropriate legal framework is provided, the financial sector is reformed in parallel, and the reform process is accompanied by appropriate social safeguards and takes account of the viewpoints of organisations representing civil society, particularly trade unions and users' associations, and such organisations are involved in preparing and monitoring the decisions to be taken and that reform must respect certain conditions, such as a clear government statement of objectives and priorities, all options are considered; transparency; an appropriate legal framework; and appropriate social safeguards, including consultation with civil society;

| 12. | Believes that the management of public utilities should remain accountable to public bodies, regardless of their ownership, and that the Commission should assist with the development of appropriate public scrutiny mechanisms based on the principles of independent regulation and public accountability; |
| --- | --- |

12.

Believes that the management of public utilities should remain accountable to public bodies, regardless of their ownership, and that the Commission should assist with the development of appropriate public scrutiny mechanisms based on the principles of independent regulation and public accountability;

| 13. | Stresses that, in the field of public services, historical evidence from all post-independence developing countries in the past 50 years shows that they have particularly failed in the areas of water and energy supply, drainage as well as education and health as exclusively supplied by the state sector, leading to an endemic rise in poverty, and a delay in education opportunities as well as in industrial and economic infrastructure; |
| --- | --- |

13.

Stresses that, in the field of public services, historical evidence from all post-independence developing countries in the past 50 years shows that they have particularly failed in the areas of water and energy supply, drainage as well as education and health as exclusively supplied by the state sector, leading to an endemic rise in poverty, and a delay in education opportunities as well as in industrial and economic infrastructure;

| 14. | Calls on the Commission to encourage developing countries to support private investment, both domestic and international, in partnership with state-owned enterprises, and to augment in partnership as stakeholders in order to fill the gaps where state-owned enterprises going it alone have no investment capacity, technological ability or know-how, no audit control or financial control measures, no anticorruption or anti-waste controls and no other mechanisms which increase productivity and efficiency; |
| --- | --- |

14.

Calls on the Commission to encourage developing countries to support private investment, both domestic and international, in partnership with state-owned enterprises, and to augment in partnership as stakeholders in order to fill the gaps where state-owned enterprises going it alone have no investment capacity, technological ability or know-how, no audit control or financial control measures, no anticorruption or anti-waste controls and no other mechanisms which increase productivity and efficiency;

| 15. | Stresses that developing countries should be encouraged to create the legal and economic preconditions to permit the formation of cooperatives and forms of semi-state-owned enterprise and businesses under mixed ownership, which should also have the opportunity to take over tasks from stateowned enterprises; |
| --- | --- |

15.

Stresses that developing countries should be encouraged to create the legal and economic preconditions to permit the formation of cooperatives and forms of semi-state-owned enterprise and businesses under mixed ownership, which should also have the opportunity to take over tasks from stateowned enterprises;

| 16. | Recommends, particularly in the interests of combating poverty, measures to support the informal sector which could help businesses to move from this sector into the formal economy; |
| --- | --- |

16.

Recommends, particularly in the interests of combating poverty, measures to support the informal sector which could help businesses to move from this sector into the formal economy;

| 17. | Stresses that the Commission should help to enable developing countries to diversify their financial and banking industries so that small and micro loans can also be extended, which are often a precondition for the independence and development of small businesses; |
| --- | --- |

17.

Stresses that the Commission should help to enable developing countries to diversify their financial and banking industries so that small and micro loans can also be extended, which are often a precondition for the independence and development of small businesses;

| 18. | Points out that, in this context, special attention should be paid to improving access of women to small and micro loans, as they play an important role in the local economy; |
| --- | --- |

18.

Points out that, in this context, special attention should be paid to improving access of women to small and micro loans, as they play an important role in the local economy;

| 19. | Acknowledges the positive role the private sector can play in developing the economy of third countries and in combating poverty; supports the idea of implementing Community assistance to the business sector in developing countries through intermediaries; |
| --- | --- |

19.

Acknowledges the positive role the private sector can play in developing the economy of third countries and in combating poverty; supports the idea of implementing Community assistance to the business sector in developing countries through intermediaries;

| 20. | Notes with the Commission that ‘for some years there has been heavy pressure on developing countries to reform SOEs’, and shares the Commission's view that reforms of state-owned enterprises must take account of the capacity and resources of the countries involved, which must also be able to retain control of the tools essential to their development (energy, and the necessity for them to retain water, port and transport infrastructure, etc.); |
| --- | --- |

20.

Notes with the Commission that ‘for some years there has been heavy pressure on developing countries to reform SOEs’, and shares the Commission's view that reforms of state-owned enterprises must take account of the capacity and resources of the countries involved, which must also be able to retain control of the tools essential to their development (energy, and the necessity for them to retain water, port and transport infrastructure, etc.);

| 21. | Stresses that businesses in third countries should be assisted particularly in the fields of political dialogue, good governance, institution-building and consultancy, promotion of SMUs and cooperatives by means of consultancy in the fields of services, skills and business modernisation, promotion of microenterprises, particularly by facilitating access to public goods and credit; |
| --- | --- |

21.

Stresses that businesses in third countries should be assisted particularly in the fields of political dialogue, good governance, institution-building and consultancy, promotion of SMUs and cooperatives by means of consultancy in the fields of services, skills and business modernisation, promotion of microenterprises, particularly by facilitating access to public goods and credit;

| 22. | Reminds the Commission of the view often expressed by Parliament that clear definitions of, and good coordination between, programmes is essential for a truly coherent policy framework; |
| --- | --- |

22.

Reminds the Commission of the view often expressed by Parliament that clear definitions of, and good coordination between, programmes is essential for a truly coherent policy framework;

| 23. | Calls on the Commission to report to it regularly on the support it provides for the public-service sector, the mixed sector (partnership) and the private sector in developing countries in order to enable Parliament to deliver an opinion; |
| --- | --- |

23.

Calls on the Commission to report to it regularly on the support it provides for the public-service sector, the mixed sector (partnership) and the private sector in developing countries in order to enable Parliament to deliver an opinion;

| 24. | Calls for such Ethical Investment Committees to be tasked to identify Enterprise Development projects as Offset projects in which these companies can invest. These Ethical Investment Committees shall operate in conjunction with NGOs and other civil society actors, so that projects are tied to local social, environmental and industrial capacity building, which will lead to poverty eradication and foster the provision of clean water and sanitation as well as basic education and health care; |
| --- | --- |

24.

Calls for such Ethical Investment Committees to be tasked to identify Enterprise Development projects as Offset projects in which these companies can invest. These Ethical Investment Committees shall operate in conjunction with NGOs and other civil society actors, so that projects are tied to local social, environmental and industrial capacity building, which will lead to poverty eradication and foster the provision of clean water and sanitation as well as basic education and health care;

| 25. | Welcomes the position on investment negotiations adopted by the Commission in its recent Communication on Restarting the DDA Negotiations (COM(2003) 734) and insists that the EU must be sensitive to the concerns of developing countries regarding investment treaties, whether in multilateral, regional or bilateral negotiations; |
| --- | --- |

25.

Welcomes the position on investment negotiations adopted by the Commission in its recent Communication on Restarting the DDA Negotiations (COM(2003) 734) and insists that the EU must be sensitive to the concerns of developing countries regarding investment treaties, whether in multilateral, regional or bilateral negotiations;

| 26. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the ACP-EU Council, the United Nations, the World Trade Organisation, the World Bank and the International Monetary Fund, as well as to the European Union's Chamber of Commerce and the Member States' Chambers of Commerce to the EU. |
| --- | --- |

26.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the ACP-EU Council, the United Nations, the World Trade Organisation, the World Bank and the International Monetary Fund, as well as to the European Union's Chamber of Commerce and the Member States' Chambers of Commerce to the EU.

---

(1)  OJ C 272 E, 13.11.2003, p. 277.

(2)  OJ C 104, 14.4.1999, p. 180.

P5_TA(2004)0082

Sustainable production and Council Directive 96/61/EC

European Parliament resolution on progress in implementing Council Directive 96/61/EC concerning integrated pollution prevention and control (COM(2003) 354 — C5-0410/2003) — 2003/2125(INI))

The European Parliament,

| — | having regard to the Commission Communication entitled ’On the Road to Sustainable Production — Progress in implementing Council Directive 96/61/EC concerning integrated pollution prevention and control’ (COM(2003) 354), |
| --- | --- |

—

having regard to the Commission Communication entitled ’On the Road to Sustainable Production — Progress in implementing Council Directive 96/61/EC concerning integrated pollution prevention and control’ (COM(2003) 354),

| — | having regard to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (1), |
| --- | --- |

—

having regard to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (1),

| — | having regard to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (2) and to Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (3), |
| --- | --- |

—

having regard to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (2) and to Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (3),

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

—

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

| — | having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Petitions (A5-0034/2004), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Petitions (A5-0034/2004),

| A. | whereas meeting the requirements set out in Directive 96/61/EC constitutes one of the major preconditions if European industry is to achieve success as regards protection of the environment, |
| --- | --- |

A.

whereas meeting the requirements set out in Directive 96/61/EC constitutes one of the major preconditions if European industry is to achieve success as regards protection of the environment,

| B. | whereas the aforementioned directive not only constitutes a major challenge for European industry but also provides a great opportunity, |
| --- | --- |

B.

whereas the aforementioned directive not only constitutes a major challenge for European industry but also provides a great opportunity,

| C. | whereas the objective of the directive will be attained only if the authorities responsible for its transposition devote all the necessary efforts thereto, |
| --- | --- |

C.

whereas the objective of the directive will be attained only if the authorities responsible for its transposition devote all the necessary efforts thereto,

| D. | whereas, in some Member States, delays have occurred in the transposition of the directive into national legislation, |
| --- | --- |

D.

whereas, in some Member States, delays have occurred in the transposition of the directive into national legislation,

| E. | whereas Member States had to complete a questionnaire by the end of October 2003, giving detailed information about the way in which they had transposed the directive, |
| --- | --- |

E.

whereas Member States had to complete a questionnaire by the end of October 2003, giving detailed information about the way in which they had transposed the directive,

| F. | whereas, pursuant to Directive 96/61/EC, existing installations do not have to meet the requirements set out therein until 30 October 2007, |
| --- | --- |

F.

whereas, pursuant to Directive 96/61/EC, existing installations do not have to meet the requirements set out therein until 30 October 2007,

| G. | whereas ten more countries will accede to the Union in May 2004, with Directive 96/61/EC already having been fully transposed into the national legislation of eight of the 13 applicant countries, |
| --- | --- |

G.

whereas ten more countries will accede to the Union in May 2004, with Directive 96/61/EC already having been fully transposed into the national legislation of eight of the 13 applicant countries,

| H. | having regard to the major problems which are to be expected when Directive 96/61/EC is implemented in the applicant countries, |
| --- | --- |

H.

having regard to the major problems which are to be expected when Directive 96/61/EC is implemented in the applicant countries,

| I. | whereas the lack of clarity in the interpretation of Directive 96/61/EC referred to by the Commission may well, in practice, result in major uncertainties in its implementation, |
| --- | --- |

I.

whereas the lack of clarity in the interpretation of Directive 96/61/EC referred to by the Commission may well, in practice, result in major uncertainties in its implementation,

| J. | whereas the principle of subsidiarity is generally valid, but whereas it may prove to be the case that the efforts made by the authorities in the implementation of the Directive are inadequate and that, as a result, more strictly harmonised solutions need to be considered, for example, the introduction of Community-wide emission limit values for certain pollutants (such as dioxin), |
| --- | --- |

J.

whereas the principle of subsidiarity is generally valid, but whereas it may prove to be the case that the efforts made by the authorities in the implementation of the Directive are inadequate and that, as a result, more strictly harmonised solutions need to be considered, for example, the introduction of Community-wide emission limit values for certain pollutants (such as dioxin),

| K. | whereas identical types of installations should be the subject of identical definitions in all directives, |
| --- | --- |

K.

whereas identical types of installations should be the subject of identical definitions in all directives,

| L. | whereas the withdrawal from the scope of Directive 96/61/EC of the air pollutants on which the emissions trading system is based is to be deplored, |
| --- | --- |

L.

whereas the withdrawal from the scope of Directive 96/61/EC of the air pollutants on which the emissions trading system is based is to be deplored,

| M. | whereas one of the operators' fundamental obligations is to take every appropriate preventive measure against pollution by using best available techniques (BATs), but whereas various definitions of BATs exist, |
| --- | --- |

M.

whereas one of the operators' fundamental obligations is to take every appropriate preventive measure against pollution by using best available techniques (BATs), but whereas various definitions of BATs exist,

| N. | whereas fairly small undertakings, in particular, do not have the expertise available or the human and financial resources needed to undertake the requisite and desirable adjustments, |
| --- | --- |

N.

whereas fairly small undertakings, in particular, do not have the expertise available or the human and financial resources needed to undertake the requisite and desirable adjustments,

| 1. | Calls on the EU not to supplement or expand the relevant legislation at present so as to give national authorities more time to familiarise themselves with the current legal situation; |
| --- | --- |

1.

Calls on the EU not to supplement or expand the relevant legislation at present so as to give national authorities more time to familiarise themselves with the current legal situation;

| 2. | Bearing in mind the signing, in December 2003, of the Interinstitutional Agreement on Better lawmaking (4), the objectives of which include, inter alia., clarity and transparency of legislation, and which contains provisions for implementation and monitoring, on which the institutions have agreed; |
| --- | --- |

2.

Bearing in mind the signing, in December 2003, of the Interinstitutional Agreement on Better lawmaking (4), the objectives of which include, inter alia., clarity and transparency of legislation, and which contains provisions for implementation and monitoring, on which the institutions have agreed;

| 3. | Emphasises that an improvement in the implementation of Directive 96/61/EC requires further strengthening of every opportunity to support the undertakings involved; |
| --- | --- |

3.

Emphasises that an improvement in the implementation of Directive 96/61/EC requires further strengthening of every opportunity to support the undertakings involved;

| 4. | Calls on the Commission to draw up a ’Guidance Document’ in order to clarify the definition of ’installation’ and of Annex I, with industry being necessarily involved in that process; |
| --- | --- |

4.

Calls on the Commission to draw up a ’Guidance Document’ in order to clarify the definition of ’installation’ and of Annex I, with industry being necessarily involved in that process;

| 5. | Calls for such a ’Guidance Document’ to include clarification on the application of the directive to municipal waste water treatment plants, as well as any directly associated activities relating to Annex I, point 5.3, taking into account that the provisions of Council Directive 91/271/EEC of 21 May 1991 (5) concerning urban waste-water treatment already apply; |
| --- | --- |

5.

Calls for such a ’Guidance Document’ to include clarification on the application of the directive to municipal waste water treatment plants, as well as any directly associated activities relating to Annex I, point 5.3, taking into account that the provisions of Council Directive 91/271/EEC of 21 May 1991 (5) concerning urban waste-water treatment already apply;

| 6. | Calls on the Commission to draw up practical guidelines so as to provide a clear definition of energy-efficiency requirements; |
| --- | --- |

6.

Calls on the Commission to draw up practical guidelines so as to provide a clear definition of energy-efficiency requirements;

| 7. | Calls on the Commission to review the threshold values set out in Annex I for some sectors (e.g. waste management); takes the view that such a review of threshold values must involve the participation of all those concerned; |
| --- | --- |

7.

Calls on the Commission to review the threshold values set out in Annex I for some sectors (e.g. waste management); takes the view that such a review of threshold values must involve the participation of all those concerned;

| 8. | Welcomes the introduction of additional Community emission limit values, where it can be shown that the authorities in one or more Member States have laid down emission limit values which are not based on BATs; |
| --- | --- |

8.

Welcomes the introduction of additional Community emission limit values, where it can be shown that the authorities in one or more Member States have laid down emission limit values which are not based on BATs;

| 9. | Notes that the Communication indicates that at least the following key terms and definitions in the directive lack sufficient clarity:






  — | Threshold criteria |
| --- | --- | --- |

9.

Notes that the Communication indicates that at least the following key terms and definitions in the directive lack sufficient clarity:

—

Threshold criteria

| — | Installation boundaries and definition of ‘installation’ |
| --- | --- |

—

Installation boundaries and definition of ‘installation’

| — | Substantial change |
| --- | --- |

—

Substantial change

| — | Deriving emission limit values from BAT |
| --- | --- |

—

Deriving emission limit values from BAT

| — | Returning the site to satisfactory state |
| --- | --- |

—

Returning the site to satisfactory state

| — | Permit conditions for accidents, waste minimisation and energy efficiency; |
| --- | --- |

—

Permit conditions for accidents, waste minimisation and energy efficiency;

| 10. | Calls on the Commission to take appropriate measures to ensure optimum coherence between the definitions used in Directive 96/61/EC and Directive 85/337/EEC as well as with Directive 96/82/EC; |
| --- | --- |

10.

Calls on the Commission to take appropriate measures to ensure optimum coherence between the definitions used in Directive 96/61/EC and Directive 85/337/EEC as well as with Directive 96/82/EC;

| 11. | Calls on the Commission to consider the possibility of introducing sector specific guidelines as regards the length of permit validity for installations and activities; |
| --- | --- |

11.

Calls on the Commission to consider the possibility of introducing sector specific guidelines as regards the length of permit validity for installations and activities;

| 12. | Calls for Directive 96/61/EC to also be applied to the air pollutants on which the emissions trading system is based; |
| --- | --- |

12.

Calls for Directive 96/61/EC to also be applied to the air pollutants on which the emissions trading system is based;

| 13. | Considers that the status and role of the information exchange network and the ‘reference documents’ (BREFs), whose aim is to make comparative analyses and to identify and seek to guide the determination of ‘best available technology’ — elements which constitute the directive's cornerstone, and thus the issuing of permits for installations covered by the directive need further clarification; |
| --- | --- |

13.

Considers that the status and role of the information exchange network and the ‘reference documents’ (BREFs), whose aim is to make comparative analyses and to identify and seek to guide the determination of ‘best available technology’ — elements which constitute the directive's cornerstone, and thus the issuing of permits for installations covered by the directive need further clarification;

| 14. | Calls on the Commission to ensure that all BREF documents are finalised as soon as possible, and recommends that they be regularly reviewed to take into account new facts and the development of abatement technologies; |
| --- | --- |

14.

Calls on the Commission to ensure that all BREF documents are finalised as soon as possible, and recommends that they be regularly reviewed to take into account new facts and the development of abatement technologies;

| 15. | Recognises that the BREF definition procedure has not fully reflected the original intentions of Directive 96/61/EC; calls on the Commission, therefore, to establish clear criteria for BAT selection in line with the objectives of the directive, to propose rules for reporting on industry performance levels, and to define transparent decision-making rules for the Technical Working Groups with appropriate conflict management procedures and adequate possibilities to record minority positions; |
| --- | --- |

15.

Recognises that the BREF definition procedure has not fully reflected the original intentions of Directive 96/61/EC; calls on the Commission, therefore, to establish clear criteria for BAT selection in line with the objectives of the directive, to propose rules for reporting on industry performance levels, and to define transparent decision-making rules for the Technical Working Groups with appropriate conflict management procedures and adequate possibilities to record minority positions;

| 16. | Recommends to the Commission that it expand all BREF documents to include quantitative energy-efficiency tables and graphs; |
| --- | --- |

16.

Recommends to the Commission that it expand all BREF documents to include quantitative energy-efficiency tables and graphs;

| 17. | Calls on the Commission to have all BREF documents translated into all the official languages of the EU; |
| --- | --- |

17.

Calls on the Commission to have all BREF documents translated into all the official languages of the EU;

| 18. | Calls on the Member States and on the Commission to promote a more intensive exchange of information between the competent authorities with regard to the actual transposition of Directive 96/61/EC; |
| --- | --- |

18.

Calls on the Member States and on the Commission to promote a more intensive exchange of information between the competent authorities with regard to the actual transposition of Directive 96/61/EC;

| 19. | Calls for an increase in the endowment of the Community guidelines on state aid for environmental protection (6), especially for small and medium-sized undertakings; |
| --- | --- |

19.

Calls for an increase in the endowment of the Community guidelines on state aid for environmental protection (6), especially for small and medium-sized undertakings;

| 20. | Recommends that, in future, the Commission also consider a separate directive for the prevention and reduction of environmental pollution from small and medium-sized enterprises; |
| --- | --- |

20.

Recommends that, in future, the Commission also consider a separate directive for the prevention and reduction of environmental pollution from small and medium-sized enterprises;

| 21. | Calls on the Commission, when undertaking a revision of Directive 96/61/EC in the future, to include in the scope thereof activities where experience has shown at Member State level that this would be beneficial to the environment; |
| --- | --- |

21.

Calls on the Commission, when undertaking a revision of Directive 96/61/EC in the future, to include in the scope thereof activities where experience has shown at Member State level that this would be beneficial to the environment;

| 22. | In revising the Directive 96/61/EC, calls on the Commission to make proposals to strengthen the formal status of NGO participation in the BREF definition procedure and to make available financial resources to ensure appropriate participation of the environmental non-governmental sector; |
| --- | --- |

22.

In revising the Directive 96/61/EC, calls on the Commission to make proposals to strengthen the formal status of NGO participation in the BREF definition procedure and to make available financial resources to ensure appropriate participation of the environmental non-governmental sector;

| 23. | Supports the inclusion of waste management installations if appropriate threshold values are laid down; |
| --- | --- |

23.

Supports the inclusion of waste management installations if appropriate threshold values are laid down;

| 24. | Calls on the Commission to encourage national strategies for the early inclusion of existing installations in certain sectors in the scope of Directive 96/61/EC before 30 October 2007; |
| --- | --- |

24.

Calls on the Commission to encourage national strategies for the early inclusion of existing installations in certain sectors in the scope of Directive 96/61/EC before 30 October 2007;

| 25. | Recommends to the Commission that it support the expansion of administrative capacity in the accession countries; |
| --- | --- |

25.

Recommends to the Commission that it support the expansion of administrative capacity in the accession countries;

| 26. | Underlines that it will not accept that the weaknesses in Directive 96/61/EC or its implementation by the Member States result in the de facto undermining of citizen's rights pursuant to the Aarhus Convention and the directives on the public's right to information on, and participation in, decisions affecting the environment, including the rights that will emanate from the proposed European Parliament and Council Directive on access to justice in environmental matters (COM(2003) 624); |
| --- | --- |

26.

Underlines that it will not accept that the weaknesses in Directive 96/61/EC or its implementation by the Member States result in the de facto undermining of citizen's rights pursuant to the Aarhus Convention and the directives on the public's right to information on, and participation in, decisions affecting the environment, including the rights that will emanate from the proposed European Parliament and Council Directive on access to justice in environmental matters (COM(2003) 624);

| 27. | Considers that, in view of enlargement, the overall lack of clarity, the remarkable variations in implementation and the absence of effective monitoring mechanisms weaken the capacity of Directive 96/61/EC
  ,
  particularly as far as environmental issues are concerned, to stimulate sustainable production patterns; also emphasises that small and medium-sized enterprises, which account for a significant proportion of the installations covered by Directive 96/61/EC, are the first to suffer from the lack of clarity in certain key concepts and calls for support measures to be introduced which comply with the applicable rules of competition and the internal market; |
| --- | --- |

27.

Considers that, in view of enlargement, the overall lack of clarity, the remarkable variations in implementation and the absence of effective monitoring mechanisms weaken the capacity of Directive 96/61/EC
  ,
  particularly as far as environmental issues are concerned, to stimulate sustainable production patterns; also emphasises that small and medium-sized enterprises, which account for a significant proportion of the installations covered by Directive 96/61/EC, are the first to suffer from the lack of clarity in certain key concepts and calls for support measures to be introduced which comply with the applicable rules of competition and the internal market;

| 28. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

28.

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

---

(1)  OJ L 257, 10.10.1996, p. 26.

(2)  OJ L 175, 5.7.1985, p. 40.

(3)  OJ L 10, 14.1.1997, p. 13.

(4)  OJ C 321, 31.12.2003, p. 1.

(5)  OJ L 135, 30.5.1991, p. 40.

(6)  OJ C 37, 3.2.2001, p. 3.

P5_TA(2004)0083

Scientific and technical advice for Community fisheries

European Parliament resolution on the Commission communication on improving scientific and technical advice for Community fisheries management (COM(2003) 625 — C5-0241/2003 — 2003/2099(INI))

The European Parliament,

| — | having regard to the Commission communication (COM(2003) 625 — C5-0241/2003), |
| --- | --- |

—

having regard to the Commission communication (COM(2003) 625 — C5-0241/2003),

| — | having regard to Article 163 of the EC Treaty, |
| --- | --- |

—

having regard to Article 163 of the EC Treaty,

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

—

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

| — | having regard to the report of the Committee on Fisheries and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0023/2004), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0023/2004),

| A. | whereas biological risk and sustainability and the socio-economic impact of stock management and recovery measures are the most important issues today in fisheries management, |
| --- | --- |

A.

whereas biological risk and sustainability and the socio-economic impact of stock management and recovery measures are the most important issues today in fisheries management,

| B. | whereas the best way to minimize the need for urgent scientific advice is to follow a precautionary approach to fisheries management, avoiding the severe depletions of fish stocks that cause so much environmental damage and socio-economic hardship to coastal communities, |
| --- | --- |

B.

whereas the best way to minimize the need for urgent scientific advice is to follow a precautionary approach to fisheries management, avoiding the severe depletions of fish stocks that cause so much environmental damage and socio-economic hardship to coastal communities,

| C. | whereas one of the trickiest problems currently facing marine biology and fisheries biology is the reliability of information, which may to a greater or lesser degree affect estimates and assessments and, in general terms, the interpretation of data relating to fish stock development and hence the ensuing diagnosis, and whereas the reliability of information is all the more crucial given the dramatic socio-economic impact on fishermen, |
| --- | --- |

C.

whereas one of the trickiest problems currently facing marine biology and fisheries biology is the reliability of information, which may to a greater or lesser degree affect estimates and assessments and, in general terms, the interpretation of data relating to fish stock development and hence the ensuing diagnosis, and whereas the reliability of information is all the more crucial given the dramatic socio-economic impact on fishermen,

| D. | whereas the common fisheries policy is one of the Community policies most dependent on scientific research, and the credibility of the measures taken depends on high-quality scientific advice, |
| --- | --- |

D.

whereas the common fisheries policy is one of the Community policies most dependent on scientific research, and the credibility of the measures taken depends on high-quality scientific advice,

| E. | whereas the Community's needs for scientific advice on fisheries are not satisfactorily met at present, and whereas this situation is not helped by the Commission's apparent unwillingness to have regard to all the scientific advice available, |
| --- | --- |

E.

whereas the Community's needs for scientific advice on fisheries are not satisfactorily met at present, and whereas this situation is not helped by the Commission's apparent unwillingness to have regard to all the scientific advice available,

| F. | whereas it is necessary to improve the quality of scientific advice available to the Member States, to the Community and to the fishing industry, |
| --- | --- |

F.

whereas it is necessary to improve the quality of scientific advice available to the Member States, to the Community and to the fishing industry,

| G. | whereas it is necessary to move towards the preparation of integrated advice that will provide a foundation for ecosystem-based management, |
| --- | --- |

G.

whereas it is necessary to move towards the preparation of integrated advice that will provide a foundation for ecosystem-based management,

| H. | whereas fisheries research is costly and it is necessary to optimise resources, |
| --- | --- |

H.

whereas fisheries research is costly and it is necessary to optimise resources,

| I. | whereas the management of resources must respect biological needs and fishermen must fish part of the stock of the species concerned without endangering the species itself, |
| --- | --- |

I.

whereas the management of resources must respect biological needs and fishermen must fish part of the stock of the species concerned without endangering the species itself,

| J. | whereas the uncertain nature of some scientific advice makes it less likely to be accepted and may lead to inappropriate decisions, |
| --- | --- |

J.

whereas the uncertain nature of some scientific advice makes it less likely to be accepted and may lead to inappropriate decisions,

| 1. | Believes that it is important to strengthen relations between science and industry by improving consultation between scientists and the fishing industry, integrating them in a joint body at European, national and regional level; |
| --- | --- |

1.

Believes that it is important to strengthen relations between science and industry by improving consultation between scientists and the fishing industry, integrating them in a joint body at European, national and regional level;

| 2. | Points out that the Regional Advisory Councils have an important role to play in this regard and therefore calls for scientists to be made members of the Regional Advisory Councils; |
| --- | --- |

2.

Points out that the Regional Advisory Councils have an important role to play in this regard and therefore calls for scientists to be made members of the Regional Advisory Councils;

| 3. | Welcomes the intention to incorporate knowledge from the fishing industry and feels that the Regional Advisory Councils would be one appropriate forum for this; |
| --- | --- |

3.

Welcomes the intention to incorporate knowledge from the fishing industry and feels that the Regional Advisory Councils would be one appropriate forum for this;

| 4. | Points out that there are inaccuracies in catch data and scientific advice, and that there are differing interpretations of scientific advice received and differing views on the causes of problems concerning stocks; further points out that these problems are compounded by the Commission's apparent unwillingness to have regard to all the scientific advice available; |
| --- | --- |

4.

Points out that there are inaccuracies in catch data and scientific advice, and that there are differing interpretations of scientific advice received and differing views on the causes of problems concerning stocks; further points out that these problems are compounded by the Commission's apparent unwillingness to have regard to all the scientific advice available;

| 5. | Takes the view that, where there are contradictions between different scientific reports, these should be put to a higher scientific body to resolve the contradictions; |
| --- | --- |

5.

Takes the view that, where there are contradictions between different scientific reports, these should be put to a higher scientific body to resolve the contradictions;

| 6. | Notes that management decisions must be taken on the basis of reliable and current scientific advice; |
| --- | --- |

6.

Notes that management decisions must be taken on the basis of reliable and current scientific advice;

| 7. | Considers that the impact of fishing upon non-commercial species of all kinds (fish, sharks, turtles, birds, marine mammals) must be investigated as a priority, in conjunction with research into alterations to fishing gears and practices to decrease such catches; |
| --- | --- |

7.

Considers that the impact of fishing upon non-commercial species of all kinds (fish, sharks, turtles, birds, marine mammals) must be investigated as a priority, in conjunction with research into alterations to fishing gears and practices to decrease such catches;

| 8. | Points out that EU measures based on scientific advice can have severe socio-economic impacts on fishing communities and that it is therefore vital to improve the quality both of scientific advice and of socio-economic impact assessments; |
| --- | --- |

8.

Points out that EU measures based on scientific advice can have severe socio-economic impacts on fishing communities and that it is therefore vital to improve the quality both of scientific advice and of socio-economic impact assessments;

| 9. | Calls, in particular, bearing in mind their socio-economic impact, for recovery plans to be subjected to a thorough scientific assessment as quickly as possible, with special attention being paid to their effectiveness; |
| --- | --- |

9.

Calls, in particular, bearing in mind their socio-economic impact, for recovery plans to be subjected to a thorough scientific assessment as quickly as possible, with special attention being paid to their effectiveness;

| 10. | Points out that scientific advice on aquaculture needs to be improved and systematised and suggests the use of an advisory committee with specific responsibility for aquaculture; |
| --- | --- |

10.

Points out that scientific advice on aquaculture needs to be improved and systematised and suggests the use of an advisory committee with specific responsibility for aquaculture;

| 11. | Urges that greater resources be devoted to researching aquaculture, including the generation of production and economic data and environmental impact data; |
| --- | --- |

11.

Urges that greater resources be devoted to researching aquaculture, including the generation of production and economic data and environmental impact data;

| 12. | Believes it is important to strengthen fisheries science in partnership with third countries in order to ensure that resources are developed sustainably, while taking account of economic and social considerations in third countries; |
| --- | --- |

12.

Believes it is important to strengthen fisheries science in partnership with third countries in order to ensure that resources are developed sustainably, while taking account of economic and social considerations in third countries;

| 13. | Considers that the EU must improve scientific research and understanding in non-EU waters, so as to improve the quality of management advice in all fishing grounds in which EU fleets are active; believes that this should be accomplished by augmenting the scientific capabilities of regional fisheries organisations and of the third countries with which the EU has signed fisheries agreements; |
| --- | --- |

13.

Considers that the EU must improve scientific research and understanding in non-EU waters, so as to improve the quality of management advice in all fishing grounds in which EU fleets are active; believes that this should be accomplished by augmenting the scientific capabilities of regional fisheries organisations and of the third countries with which the EU has signed fisheries agreements;

| 14. | Believes that further budgetary resources should be allocated to meet the need for scientists and managers in fisheries; |
| --- | --- |

14.

Believes that further budgetary resources should be allocated to meet the need for scientists and managers in fisheries;

| 15. | Believes that the need for improved scientific advice on fisheries can be met by a combination of actions, including the strengthening of ICES, with new scientists directly employed to meet EU needs, as well as by the recruitment of further staff in the Commission on a permanent official basis and also by increased use of temporary experts; |
| --- | --- |

15.

Believes that the need for improved scientific advice on fisheries can be met by a combination of actions, including the strengthening of ICES, with new scientists directly employed to meet EU needs, as well as by the recruitment of further staff in the Commission on a permanent official basis and also by increased use of temporary experts;

| 16. | Considers that, in order to meet the need for better scientific advice in the field of fisheries, it is necessary to arrange for scientists to travel on fishing vessels so as to conduct research at the locations where fishing is carried on, and considers that this would reduce differences of opinion between scientists and fishermen, which would lead to greater support for measures taken on the basis of scientific advice; |
| --- | --- |

16.

Considers that, in order to meet the need for better scientific advice in the field of fisheries, it is necessary to arrange for scientists to travel on fishing vessels so as to conduct research at the locations where fishing is carried on, and considers that this would reduce differences of opinion between scientists and fishermen, which would lead to greater support for measures taken on the basis of scientific advice;

| 17. | Considers that new fisheries, either for previously unexploited species or in new areas, must be the subject of more thorough studies to improve fisheries management by monitoring catches and establishing an appropriate fishing effort; |
| --- | --- |

17.

Considers that new fisheries, either for previously unexploited species or in new areas, must be the subject of more thorough studies to improve fisheries management by monitoring catches and establishing an appropriate fishing effort;

| 18. | Agrees that scientific and technical advice must be clear, unambiguous and transparent; that it must clearly explain any inherent assumptions such as those regarding management objectives, as well as any scientific uncertainties involved; and that, if alternative options are provided for the basis of management decisions, the ecological risks inherent in each option described; |
| --- | --- |

18.

Agrees that scientific and technical advice must be clear, unambiguous and transparent; that it must clearly explain any inherent assumptions such as those regarding management objectives, as well as any scientific uncertainties involved; and that, if alternative options are provided for the basis of management decisions, the ecological risks inherent in each option described;

| 19. | Encourages the development and use of multispecies models that incorporate non-commercial species; |
| --- | --- |

19.

Encourages the development and use of multispecies models that incorporate non-commercial species;

| 20. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

20.

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

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