# CE2004076EN.01003101.xml

| 25.3.2004 | EN | Official Journal of the European Union | CE 76/31 |
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25.3.2004

EN

Official Journal of the European Union

CE 76/31

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MINUTES

(2004/C 76 E/02)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Ingo FRIEDRICH

Vice-President

1.   Opening of sitting

The sitting opened at 09.05.

2.   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:

INDIA: MUMBAI BOMB ATTACK

| — | Gerard Collins, on behalf of the UEN Group, on bomb attacks in the Indian city of Mumbai (B5-0371/2003); |
| --- | --- |

—

Gerard Collins, on behalf of the UEN Group, on bomb attacks in the Indian city of Mumbai (B5-0371/2003);

| — | Bob van den Bos, on behalf of the ELDR Group, on the Mumbai terrorist attack in India (B5-0376/2003); |
| --- | --- |

—

Bob van den Bos, on behalf of the ELDR Group, on the Mumbai terrorist attack in India (B5-0376/2003);

| — | Jean Lambert and Reinhold Messner, on behalf of the Verts/ALE Group, on India (B5-0379/2003); |
| --- | --- |

—

Jean Lambert and Reinhold Messner, on behalf of the Verts/ALE Group, on India (B5-0379/2003);

| — | Maria Carrilho and Margrietus J. van den Berg, on behalf of the PSE Group, on the attacks in Mumbai (B5-0381/2003); |
| --- | --- |

—

Maria Carrilho and Margrietus J. van den Berg, on behalf of the PSE Group, on the attacks in Mumbai (B5-0381/2003);

| — | Giuseppe Di Lello Finuoli and Esko Olavi Seppänen, on behalf of the GUE/NGL Group, on the attack in Mumbai (B5-0386/2003); |
| --- | --- |

—

Giuseppe Di Lello Finuoli and Esko Olavi Seppänen, on behalf of the GUE/NGL Group, on the attack in Mumbai (B5-0386/2003);

| — | Charles Tannock, Geoffrey Van Orden and Bernd Posselt, on behalf of the PPE-DE Group, on Bombattentaten i Mumbai (B5-0387/2003); |
| --- | --- |

—

Charles Tannock, Geoffrey Van Orden and Bernd Posselt, on behalf of the PPE-DE Group, on Bombattentaten i Mumbai (B5-0387/2003);

LIBERIA

| — | Niall Andrews, on behalf of the UEN Group, on the situation in Liberia (B5-0372/2003); |
| --- | --- |

—

Niall Andrews, on behalf of the UEN Group, on the situation in Liberia (B5-0372/2003);

| — | Bob van den Bos and Anne André-Léonard, on behalf of the ELDR Group, on the situation in Liberia (B5-0375/2003); |
| --- | --- |

—

Bob van den Bos and Anne André-Léonard, on behalf of the ELDR Group, on the situation in Liberia (B5-0375/2003);

| — | Nelly Maes, Didier Rod and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, on the situation in Liberia (B5-0380/2003); |
| --- | --- |

—

Nelly Maes, Didier Rod and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, on the situation in Liberia (B5-0380/2003);

| — | Margrietus J. van den Berg, on behalf of the PSE Group, on the situation in Liberia (B5-0382/2003); |
| --- | --- |

—

Margrietus J. van den Berg, on behalf of the PSE Group, on the situation in Liberia (B5-0382/2003);

| — | Luisa Morgantini, on behalf of the GUE/NGL Group, on the situation in Liberia (B5-0385/2003); |
| --- | --- |

—

Luisa Morgantini, on behalf of the GUE/NGL Group, on the situation in Liberia (B5-0385/2003);

| — | John Alexander Corrie and Bernd Posselt, on behalf of the PPE-DE Group, on the situation in Liberia (B5-0388/2003); |
| --- | --- |

—

John Alexander Corrie and Bernd Posselt, on behalf of the PPE-DE Group, on the situation in Liberia (B5-0388/2003);

BURMA

| — | Bob van den Bos and Anne André-Léonard, on behalf of the ELDR Group, on Burma (B5-0374/2003); |
| --- | --- |

—

Bob van den Bos and Anne André-Léonard, on behalf of the ELDR Group, on Burma (B5-0374/2003);

| — | Patricia McKenna and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, on the continued detention of Aung San Suu Kyi in Burma (B5-0378/2003); |
| --- | --- |

—

Patricia McKenna and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, on the continued detention of Aung San Suu Kyi in Burma (B5-0378/2003);

| — | Enrique Barón Crespo, Margrietus J. van den Berg, Walter Veltroni and Glenys Kinnock, on behalf of the PSE Group, on the situation of the Nobel and Sakharov Prize winner Daw Aung San Suu Kyi (B5-0383/2003); |
| --- | --- |

—

Enrique Barón Crespo, Margrietus J. van den Berg, Walter Veltroni and Glenys Kinnock, on behalf of the PSE Group, on the situation of the Nobel and Sakharov Prize winner Daw Aung San Suu Kyi (B5-0383/2003);

| — | Marianne Eriksson, on behalf of the GUE/NGL Group, on the continued detention of Aung San Suu Kyi in Burma (B5-0384/2003); |
| --- | --- |

—

Marianne Eriksson, on behalf of the GUE/NGL Group, on the continued detention of Aung San Suu Kyi in Burma (B5-0384/2003);

| — | Geoffrey Van Orden, Hanja Maij-Weggen and Bernd Posselt, on behalf of the PPE-DE Group, on the continued detention of Aung San Suu Kyi in Burma (B5-0389/2003). |
| --- | --- |

—

Geoffrey Van Orden, Hanja Maij-Weggen and Bernd Posselt, on behalf of the PPE-DE Group, on the continued detention of Aung San Suu Kyi in Burma (B5-0389/2003).

Speaking time would be allocated in accordance with Rule 120.

3.   Economic and social cohesion (progress report) — Structurally disadvantaged regions (debate)

(debate)

Report on the communication from the Commission ‘Second progress report on economic and social cohesion’: regional trends, debate on future developments [COM(2003) 34 — 2003/2095(INI)] — Committee on Regional Policy, Transport and Tourism. Rapporteur: Emmanouil Mastorakis (A5-0267/2003)

Report on structurally disadvantaged regions (islands, mountain regions, regions with low population density) in the context of cohesion policy, and their institutional prospects [2002/2119(INI)] — Committee on Regional Policy, Transport and Tourism. Rapporteur: José Javier Pomés Ruiz (A5-0188/2003)

Emmanouil Mastorakis introduced the report.

The following spoke: Konstantinos Hatzidakis (deputising for the rapporteur, José Javier Pomés Ruiz), on behalf of the PPE-DE Group, Garrelt Duin, on behalf of the PSE Group, Samuli Pohjamo, on behalf of the ELDR Group, Helmuth Markov, on behalf of the GUE/NGL Group, Elisabeth Schroedter, on behalf of the Verts/ALE Group, Roberto Felice Bigliardo, on behalf of the UEN Group, Alain Esclopé, on behalf of the EDD Group, Rolf Berend, Giovanni Claudio Fava, Elspeth Attwooll, Chantal Cauquil, Juan Manuel Ferrández Lezaun, Sebastiano (Nello) Musumeci, Graham H. Booth, Philip Charles Bradbourn, Riitta Myller, Astrid Thors, Efstratios Korakas, Bent Hindrup Andersen, Mariotto Segni, Margie Sudre, Ewa Hedkvist Petersen, Kyösti Tapio Virrankoski, Joaquim Piscarreta, Catherine Guy-Quint, Luigi Cocilovo, Jean-Claude Fruteau, Othmar Karas, Rosa Miguélez Ramos, Sérgio Marques, Ari Vatanen, Brigitte Wenzel-Perillo and Giacomo Santini.

IN THE CHAIR: James L.C. PROVAN

Vice-President

The following spoke: Piia-Noora Kauppi, Dana Rosemary Scallon, José Javier Pomés Ruiz (rapporteur) and Michel Barnier (Member of the Commission).

The debate closed.

Vote: Items 22 and 23.

Items 22 and 23

4.   Air service agreements between Member States and third countries ***I (debate)

(debate)

Report on the proposal for a European Parliament and Council regulation on the negotiation and implementation of air service agreements between Member States and third countries [COM(2003) 94 — C5-0065/2003 — 2003/0044(COD)] — Committee on Regional Policy, Transport and Tourism. Rapporteur: Ingo Schmitt (A5-0263/2003)

Michel Barnier (Member of the Commission) spoke.

Ingo Schmitt introduced the report.

The following spoke: Georg Jarzembowski, on behalf of the PPE-DE Group, Brian Simpson, on behalf of the PSE Group, Herman Vermeer, on behalf of the ELDR Group, Jacqueline Foster, Jan Marinus Wiersma, Ari Vatanen and Michel Barnier.

The debate closed.

Vote: Item19.

Item19

5.   EC-China maritime transport agreement * (debate)

(debate)

Report on the proposal for a Council decision concluding an agreement on maritime transport between the European Community and the People's Republic of China [6049/1/2003 — COM(2002) 97 — C5-0062/2003 — 2002/0048(CNS)] — Committee on Regional Policy, Transport and Tourism. Rapporteur: Mark Francis Watts (A5-0254/2003)

Mark Francis Watts introduced the report.

Michel Barnier (Member of the Commission) spoke.

The following spoke: Georg Jarzembowski, on behalf of the PPE-DE Group, and Reino Paasilinna, on behalf of the PSE Group.

The debate closed.

Vote: Item 20.

Item 20

6.   Minimum level of training of seafarers ***I (debate)

(debate)

Report on the proposal for a directive of the European Parliament and of the Council amending European Parliament and Council Directive 2001/25/EC on the minimum level of training of seafarers [COM(2003) 1 — C5-0006/2003 — 2003/0001(COD)] — Committee on Regional Policy, Transport and Tourism. Rapporteur: Bernard Poignant (A5-0152/2003)

Anna Diamantopoulou (Member of the Commission) spoke.

Bernard Poignant introduced the report.

The following spoke: Juan Ojeda Sanz (deputising for Manuel Pérez Álvarez, draftsman of the opinion of the EMPL Committee), Luigi Cocilovo, on behalf of the PPE-DE Group, Reino Paasilinna, on behalf of the PSE Group, Herman Vermeer, on behalf of the ELDR Group, Freddy Blak, on behalf of the GUE/NGL Group, Jan Dhaene, on behalf of the Verts/ALE Group, Rijk van Dam, on behalf of the EDD Group, and Dominique F.C. Souchet, Non-attached Member.

The debate was suspended at that point for voting time.

It would be resumed at 15.00 (Item 27).

Item 27

IN THE CHAIR: Pat COX

President

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.   Request for consultation of the Economic and Social Committee (Rule 52) (vote)

(Rule 52) (vote)

Health and safety at the workplace in the accession countries

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 1)

(Voting record: Annex 1, Item 1)

Approved.

8.   Protection of workers from carcinogens or mutagens at work ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the amended proposal for a directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (Codified version) [COM(2003) 127 — C5-0127/2003 — 1999/0085(COD)] — Committee on Legal Affairs and the Internal Market. Rapporteur: Giuseppe Gargani (A5-0255/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 2)

(Voting record: Annex 1, Item 2)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0344)

(P5_TA(2003)0344)

9.   Committees assisting the Commission (Article 251 EC) ***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 adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty [11253/2/2002 — C5-0223/2003 — 2001/0314(COD)] — Committee on Constitutional Affairs. Rapporteur: Monica Frassoni (A5-0250/2003)

(Qualified majority)

(Qualified majority)

(Voting record: Annex 1, Item 3)

(Voting record: Annex 1, Item 3)

COMMON POSITION OF THE COUNCIL

Declared approved (P5_TA(2003)0345)

(P5_TA(2003)0345)

10.   Fertilizers ***II (Rule 110a) (vote)

(Rule 110a) (vote)

Recommendation for second reading on the common position of the Council with a view to adopting a regulation of the European Parliament and of the Council relating to fertilizers [12733/2/2002 — C5-0224/2003 — 2001/0212(COD)] — Committee on Legal Affairs and the Internal Market. Rapporteur: Kurt Lechner (A5-0252/2003)

(Qualified majority)

(Qualified majority)

(Voting record: Annex 1, Item 4)

(Voting record: Annex 1, Item 4)

COMMON POSITION OF THE COUNCIL

Declared approved (P5_TA(2003)0346)

(P5_TA(2003)0346)

11.   VAT and travel services ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a European Parliament and Council regulation amending Regulation (EEC) No 218/92 on administrative co-operation in the field of indirect taxation (VAT) as regards additional measures regarding supplies of travel services [COM(2003) 78 — C5-0145/2003 — 2003/0057(COD)] — Committee on Economic and Monetary Affairs. Rapporteur: Helena Torres Marques (A5-0231/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 5)

(Voting record: Annex 1, Item 5)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0347)

(P5_TA(2003)0347)

The following spoke:

| — | the rapporteur, before the vote. |
| --- | --- |

—

the rapporteur, before the vote.

12.   Statistical surveys of milk and milk products ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a European Parliament and Council directive amending Council Directive 96/16/EC on statistical surveys of milk and milk products [COM(2003) 158 — C5-0157/2003 — 2003/0060(COD)] — Committee on Agriculture and Rural Development. Rapporteur: Joseph Daul (A5-0212/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 6)

(Voting record: Annex 1, Item 6)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0348)

(P5_TA(2003)0348)

13.   Labour force sample survey in the Community ***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a European Parliament and Council regulation amending Council Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community to adapt the list of survey characteristics [COM(2003) 109 — C5-0105/2003 — 2003/0047(COD)] — Committee on Employment and Social Affairs. Rapporteur: Theodorus J.J. Bouwman (A5-0260/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 7)

(Voting record: Annex 1, Item 7)

COMMISSION PROPOSAL, AMENDMENT and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0349)

(P5_TA(2003)0349)

14.   VAT: administrative cooperation/Mutual assistance for direct and indirect taxation (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the change of the legal basis of the following proposals:

| 1. | for a European Parliament and Council regulation on administrative cooperation in the field of value added tax
  (6522/2003 — C5-0216/2003 — 2001/0133(COD)) |
| --- | --- |

1.

for a European Parliament and Council regulation on administrative cooperation in the field of value added tax

(6522/2003 — C5-0216/2003 — 2001/0133(COD))

| 2. | for a European Parliament and Council directive amending Council Directive 77/799/EEC concerning mutual assistance by the competent authorities of the Member States in the field of direct and indirect taxation
  (6930/2003 — C5-0217/2003 — 2001/0134(COD)) — Committee on Economic and Monetary Affairs. Rapporteur: Piia-Noora Kauppi (A5-0262/2003) |
| --- | --- |

2.

for a European Parliament and Council directive amending Council Directive 77/799/EEC concerning mutual assistance by the competent authorities of the Member States in the field of direct and indirect taxation

(6930/2003 — C5-0217/2003 — 2001/0134(COD)) — Committee on Economic and Monetary Affairs. Rapporteur: Piia-Noora Kauppi (A5-0262/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 8)

(Voting record: Annex 1, Item 8)

MOTIONS FOR RESOLUTIONS

Adopted by single vote (P5_TA(2003)0350 and 0351)

(P5_TA(2003)0350 and 0351)

15.   Procedures for the exercise of implementing powers conferred on the Commission * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission [COM(2002) 719 — C5-0002/2003 — 2002/0298(CNS)] — Committee on Constitutional Affairs. Rapporteur: Richard Corbett (A5-0266/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 9)

(Voting record: Annex 1, Item 9)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0352)

(P5_TA(2003)0352)

The following spoke:

The following spoke:

| — | the rapporteur, before the vote. |
| --- | --- |

—

the rapporteur, before the vote.

16.   Recognition and enforcement of judgments in civil and commercial matters * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the Initiative of the Kingdom of the Netherlands with a view to the adoption of a Council Regulation amending Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [14363/2002 — C5-0590/2002 — 2002/0824(CNS)] — Committee on Legal Affairs and the Internal Market. Rapporteur: Diana Wallis (A5-0253/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 10)

(Voting record: Annex 1, Item 10)

INITIATIVE OF THE KINGDOM OF THE NETHERLANDS

Rejected.

The rapporteur requested Parliament to confirm the rejection of the initiative by adopting the draft legislative resolution.

The President established that there was no objection to that request.

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0353)

(P5_TA(2003)0353)

17.   Application of the ‘ne bis in idem’ principle * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the initiative by the Hellenic Republic with a view to adopting a Council Framework Decision concerning the application of the ‘ne bis in idem’ principle [7246/2003 — C5-0165/2003 — 2003/0811(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs. Rapporteur: Maurizio Turco (A5-0275/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 11)

(Voting record: Annex 1, Item 11)

INITIATIVE, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0354)

(P5_TA(2003)0354)

18.   European Contract Law (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the Commission communication to the European Parliament and the Council on a more coherent European Contract Law — An action plan [COM(2003) 68 — C5-0210/2003 — 2003/2093(INI)] — Committee on Legal Affairs and the Internal Market. Rapporteur: Klaus-Heiner Lehne (A5-0256/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 12)

(Voting record: Annex 1, Item 12)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2003)0355)

(P5_TA(2003)0355)

19.   Air service agreements between Member States and third countries ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council regulation on the negotiation and implementation of air service agreements between Member States and third countries [COM(2003) 94 — C5-0065/2003 — 2003/0044(COD)] — Committee on Regional Policy, Transport and Tourism. Rapporteur: Ingo Schmitt (A5-0263/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 13)

(Voting record: Annex 1, Item 13)

COMMISSION PROPOSAL

Approved (P5_TA(2003)0356)

(P5_TA(2003)0356)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0356)

(P5_TA(2003)0356)

20.   EC-China maritime transport agreement * (vote)

(vote)

Report on the proposal for a Council decision concluding an agreement on maritime transport between the European Community and the People's Republic of China [6049/1/2003 — COM(2002) 97 — C5-0062/2003 — 2002/0048(CNS)] — Committee on Regional Policy, Transport and Tourism. Rapporteur: Mark Francis Watts (A5-0254/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 14)

(Voting record: Annex 1, Item 14)

COMMISSION PROPOSAL

Approved (P5_TA(2003)0357)

(P5_TA(2003)0357)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0357)

(P5_TA(2003)0357)

21.   Adequacy of banks' own funds (Basel II) (vote)

(vote)

Report on the adequacy of banks' own funds (Basel II) [2001/2257(INI)] — Committee on Economic and Monetary Affairs. Rapporteur: Alexander Radwan (A5-0258/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 15)

(Voting record: Annex 1, Item 15)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0357)

(P5_TA(2003)0357)

22.   Economic and social cohesion (progress report) (vote)

(vote)

Report on the communication from the Commission ‘Second progress report on economic and social cohesion’: regional trends, debate on future developments [COM(2003) 34 — 2003/2095(INI)] — Committee on Regional Policy, Transport and Tourism. Rapporteur: Emmanouil Mastorakis (A5-0267/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 16)

(Voting record: Annex 1, Item 16)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0359)

(P5_TA(2003)0359)

23.   Structurally disadvantaged regions (vote)

(vote)

Report on structurally disadvantaged regions (islands, mountain regions, regions with low population density) in the context of cohesion policy, and their institutional prospects [2002/2119(INI)] — Committee on Regional Policy, Transport and Tourism. Rapporteur: José Javier Pomés Ruiz (A5-0188/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 17)

(Voting record: Annex 1, Item 17)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0360)

(P5_TA(2003)0360)

The following spoke:

The following spoke:

| — | Garrelt Duin, on behalf of the PSE Group, moved an oral amendment to amendment 9. |
| --- | --- |

—

Garrelt Duin, on behalf of the PSE Group, moved an oral amendment to amendment 9.

24.   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 Ingo Schmitt — A5-0263/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Mark Francis Watts — A5-0254/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Alexander Radwan — A5-0258/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Emmanouil Mastorakis — A5-0267/2003

| — | Carlo Fatuzzo and Neil MacCormick |
| --- | --- |

—

Carlo Fatuzzo and Neil MacCormick

Report José Javier Pomés Ruiz — A5-0188/2003

| — | Carlo Fatuzzo and Neil MacCormick |
| --- | --- |

—

Carlo Fatuzzo and Neil MacCormick

25.   Corrections to votes

Voting corrections were submitted by the following Members:

Report Giuseppe Gargani — A5-0255/2003

| — | single vote

  for: Evelyne Gebhardt, Marjo Matikainen-Kallström, José Ribeiro e Castro and Rodi Kratsa-Tsagaropoulou |
| --- | --- |

—

single vote

for: Evelyne Gebhardt, Marjo Matikainen-Kallström, José Ribeiro e Castro and Rodi Kratsa-Tsagaropoulou

for:

Report Ingo Schmitt — A5-0263/2003

| — | amendment 13

  for: Claude Turmes and Alima Boumediene-Thiery |
| --- | --- |

—

amendment 13

for: Claude Turmes and Alima Boumediene-Thiery

for:

| — | amendment 15

  for: Alima Boumediene-Thiery |
| --- | --- |

—

amendment 15

for: Alima Boumediene-Thiery

for:

| — | amendment 16

  against: Claude Turmes |
| --- | --- |

—

amendment 16

against: Claude Turmes

against:

Report Emmanouil Mastorakis — A5-0267/2003

| — | amendment 3

  for: Claude Turmes |
| --- | --- |

—

amendment 3

for: Claude Turmes

for:

| — | amendment 7

  for: Claude Turmes |
| --- | --- |

—

amendment 7

for: Claude Turmes

for:

| — | paragraph 33

  for: Claude Turmes |
| --- | --- |

—

paragraph 33

for: Claude Turmes

for:

| — | resolution (as a whole)

  against: Jules Maaten

  abstention: Claude Turmes |
| --- | --- |

—

resolution (as a whole)

against: Jules Maaten

against:

abstention: Claude Turmes

abstention:

END OF VOTING TIME

(The sitting was suspended at 12.55 and resumed at 15.00.)

(The sitting was suspended at 12.55 and resumed at 15.00.)

IN THE CHAIR: Catherine LALUMIÈRE

Vice-President

26.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

27.   Minimum level of training of seafarers ***I (continuation of debate)

(continuation of debate)

Report Poignant — A5-0152/2003

The following spoke: Joaquim Piscarreta, Anna Diamantopoulou (Member of the Commission) and Dana Rosemary Scallon.

The debate closed.

Vote: Minutes of 3.9.2003, Item 9.

Minutes of 3.9.2003, Item 9

28.   Coordination of social security systems ***I (debate)

(debate)

Report on the proposal for a European Parliament and Council regulation on coordination of social security systems [COM(1998) 779 — C4-0137/1999 — 1998/0360(COD)] — Committee on Employment and Social Affairs. Rapporteur: Jean Lambert (A5-0226/2003)

Anna Diamantopoulou (Member of the Commission) spoke.

Jean Lambert introduced the report.

The following spoke: Ria G.H.C. Oomen-Ruijten, on behalf of the PPE-DE Group, Barbara Weiler, on behalf of the PSE Group, Johanna L.A. Boogerd-Quaak, on behalf of the ELDR Group, Sylviane H. Ainardi, on behalf of the GUE/NGL Group, Theodorus J.J. Bouwman, on behalf of the Verts/ALE Group, Brian Crowley, on behalf of the UEN Group, Marie-Thérèse Hermange, Ieke van den Burg, Anne Elisabet Jensen, Ilda Figueiredo, Bartho Pronk, Marie-Hélène Gillig, Arlette Laguiller, Philip Bushill-Matthews, Proinsias De Rossa, Carlo Fatuzzo, Helle Thorning-Schmidt, Juan Ojeda Sanz, Regina Bastos, Jean Lambert and Anna Diamantopoulou.

The debate closed.

Vote: Minutes of 3.9.2003, Item 10.

Minutes of 3.9.2003, Item 10

29.   Mid-term review of EU- Greenland fisheries protocol (debate)

(debate)

Report on a communication from the Commission to the Council and the European Parliament on midterm review of the fourth fisheries protocol between the EU and Greenland [COM(2002) 697 — 2003/2035(INI)] — Committee on Fisheries. Rapporteur: Rosa Miguélez Ramos (A5-0228/2003)

Struan Stevenson, requesting that the Miguélez Ramos report (A5-0228/2003) and the Ojeda Sanz report (A5-0264/2003) should be dealt with before the Commission's statement on Preparations for the 5th WTO Ministerial in Cancun, fixed for 17.00. (The President replied that the Miguélez Ramos report was in the process of being considered there and then and that the Ojeda Sanz report would hopefully be considered immediately after the current debate).

Rosa Miguélez Ramos introduced the report.

IN THE CHAIR: Renzo IMBENI

Vice-President

The following spoke: Franz Fischler (Member of the Commission), Bárbara Dührkop Dührkop (draftsman of the opinion of the BUDG Committee), Brigitte Langenhagen, on behalf of the PPE-DE Group, Paulo Casaca, on behalf of the PSE Group, Niels Busk, on behalf of the ELDR Group, Patricia McKenna, on behalf of the Verts/ALE Group, Daniel Varela Suanzes-Carpegna, Camilo Nogueira Román, Struan Stevenson, Arlindo Cunha, Neil Parish, John Joseph McCartin.

The President, reverting to Mr Stevenson's question, stated that in view of the time the Ojeda Sanz's report could not be dealt with before the Commission's statement and would be considered that evening.

The debate closed.

Vote: Minutes of 3.9.2003, Item 8.

Minutes of 3.9.2003, Item 8

30.   Preparations for the 5th WTO Ministerial in Cancun (Commission statement)

(Commission statement)

Pascal Lamy (Member of the Commission) made the statement.

The following spoke: Paul Rübig, Eryl Margaret McNally, Karl Erik Olsson, Caroline Lucas and Pernille Frahm, who put questions which Pascal Lamy answered, and Arlindo Cunha, Margrietus J. van den Berg, Seán Ó Neachtain, Jean-Louis Bernié, Willy C.E.H. De Clercq and Nelly Maes who also put questions which Pascal Lamy answered.

The item was closed.

IN THE CHAIR: Alonso José PUERTA

Vice-President

31.   Question Time (Commission)

(Commission)

Parliament considered a number of questions to the Commission (B5-0273/2003).

First part

First part

Question 33 by Piia-Noora Kauppi: Commission preparing to abolish visa requirement for Russian citizens.

Question 33

Christopher Patten (Member of the Commission) answered the question and a supplementary by Piia-Noora Kauppi.

Question 34 by Manuel Medina Ortega: Operation Ulysses.

Question 34

António Vitorino (Member of the Commission) answered the question and a supplementary by Manuel Medina Ortega.

Question 35 by Paulo Casaca: Additional Protocol on safeguarding nuclear material.

Question 35

Christopher Patten answered the question and a supplementary by Paulo Casaca.

Second part

Second part

Question 36 by Monica Frassoni: Spain's National Hydrological Plan (NHP) and Mediterranean agriculture.

Question 36

Franz Fischler (Member of the Commission) answered the question and supplementaries by Monica Frassoni, Miquel Mayol i Raynal and Juan Manuel Ferrández Lezaun.

Question 37 by María Izquierdo Rojo: New reform of the CAP and highly disadvantaged (Objective 1) areas of the EU.

Question 37

Franz Fischler answered the question and supplementaries by María Izquierdo Rojo, Philip Bushill-Matthews and Neil Parish.

Questions 38, 39, 40 and 41 would receive written answers.

Questions 38, 39, 40 and 41

Question 42 by Bart Staes: Development aid for Congolese agriculture.

Question 42

Poul Nielson (Member of the Commission) answered the question and a supplementary by Bart Staes.

Question 43 by Francisca Sauquillo Pérez del Arco: Murder of the Spanish citizen Ana Isabel Sánchez Torralba in Equatorial Guinea.

Question 43

Poul Nielson answered the question and a supplementary by Francisca Sauquillo Pérez del Arco.

Question 44 by Eija-Riitta Anneli Korhola: Linking Kyoto mechanism credits to development cooperation.

Question 44

Poul Nielson answered the question and supplementaries by Eija-Riitta Anneli Korhola and Paul Rübig.

Questions 45, 46, 47, 48 and 49 would receive written answers.

Questions 45, 46, 47, 48 and 49

Question 50 by Alexander de Roo: Spain's National Hydrological Plan (NHP) and conservation of the lower Júcar river.

Question 50

Margot Wallström (Member of the Commission) answered the question and a supplementary by Alexander de Roo.

Question 51 by Chris Davies: Ecological flows of the Ebro river and the Water Framework Directive.

Question 51

Margot Wallström answered the question.

Question 52 by Camilo Nogueira Román: Global costs of repairing the environmental damage caused by the wreck of the ‘Prestige’.

Question 52

Margot Wallström answered the question and a supplementary by Camilo Nogueira Román.

Question 53 by Alexandros Alavanos: Health risks for the population of Athens from high concentrations of nitrogen dioxide and microparticulates.

Question 53

Margot Wallström answered the question and a supplementary by Alexandros Alavanos.

Question 54 by Ari Vatanen: NATURA 2000 site designation.

Question 54

Margot Wallström answered the question and a supplementary by Ari Vatanen.

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

Commission Question Time closed.

32.   Announcement by the President

The President announced that the deadlines for tabling amendments to the amending budgets for the 2003 financial year had been fixed as follows:

| 1. | for amending budget No 4/2003 (adjustment of VAT bases, refund):






  — | Tuesday 9 September 2003 at 12:00. |
| --- | --- | --- |

1.

for amending budget No 4/2003 (adjustment of VAT bases, refund):

—

Tuesday 9 September 2003 at 12:00.

| 2. | for amending budget No 5/2003 (solidarity funds: Prestige accident, Etna disaster, earthquake in the north of Italy):






  — | Wednesday 17 September 2003 at 12:00. |
| --- | --- | --- |

2.

for amending budget No 5/2003 (solidarity funds: Prestige accident, Etna disaster, earthquake in the north of Italy):

—

Wednesday 17 September 2003 at 12:00.

| 3. | for amending budget No 6/2003 (solidarity fund: forest fires):






  — | Wednesday 17 September 2003 at 12:00. |
| --- | --- | --- |

3.

for amending budget No 6/2003 (solidarity fund: forest fires):

—

Wednesday 17 September 2003 at 12:00.

To be admissible, the draft amendments would need to be tabled by a committee, a political group or at least 32 Members.

(The sitting was suspended at 19.10 and resumed at 21.00.)

(The sitting was suspended at 19.10 and resumed at 21.00.)

IN THE CHAIR: Pat COX

President

33.   The rights and dignity of disabled people (debate)

(debate)

Report on the Communication from the Commission ‘Towards a United Nations legally binding instrument to promote and protect the rights and dignity of persons with disabilities’ [COM(2003) 16 — 2003/0016(INI)] — Committee on Employment and Social Affairs. Rapporteur: Elizabeth Lynne (A5-0270/2003)

Elizabeth Lynne introduced the report.

The following spoke: Anna Diamantopoulou (Member of the Commission) and Carmen Cerdeira Morterero (draftsman of the opinion of the LIBE Committee).

IN THE CHAIR: Gerhard SCHMID

Vice-President

The following spoke: Mario Mantovani, on behalf of the PPE-DE Group, Richard Howitt, on behalf of the PSE Group, Patricia McKenna, on behalf of the Verts/ALE Group, Sebastiano (Nello) Musumeci, on behalf of the UEN Group, Johannes (Hans) Blokland, on behalf of the EDD Group, Regina Bastos, Marie-Hélène Gillig, Philip Bushill-Matthews, Ioannis Koukiadis, Carlo Fatuzzo, Olga Zrihen, Lennart Sacrédeus, Proinsias De Rossa and Paulo Casaca.

The debate closed.

Vote: Minutes of 3.9.2003, Item 15.

Minutes of 3.9.2003, Item 15

34.   EC-Guinea fishing agreement * (debate)

(debate)

Report on the proposal for a Council regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the extension of the 2000-2001 Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January 2003 to 31 December 2003 [COM(2003) 107 — C5-0128/2003 — 2003/0049(CNS)] — Committee on Fisheries. Rapporteur: Juan Ojeda Sanz (A5-0264/2003)

Franz Fischler (Member of the Commission) spoke.

Juan Ojeda Sanz introduced the report.

The following spoke: Rosa Miguélez Ramos, on behalf of the PSE Group, and Patricia McKenna, on behalf of the Verts/ALE Group.

The debate closed.

Vote: Minutes of 3.9.2003, Item 7.

Minutes of 3.9.2003, Item 7

35.   DAPHNE II (2004-2008) ***I (debate)

(debate)

Report on the proposal for a European Parliament and Council decision establishing a second phase of a programme of Community action (2004-2008) to prevent violence against children, young people and women and to protect victims and groups at risk (the DAPHNE II programme) [COM(2003) 54 — C5-0060/2003 — 2003/0025(COD)] — Committee on Women's Rights and Equal Opportunities. Rapporteur: Lissy Gröner (A5-0280/2003).

António Vitorino (Member of the Commission) spoke.

Lissy Gröner introduced the report.

The following spoke: Anne Elisabet Jensen (draftsman of the opinion of the BUDG Committee), Ewa Hedkvist Petersen (draftsman of the opinion of the LIBE Committee), María Antonia Avilés Perea, on behalf of the PPE-DE Group, Anna Karamanou, on behalf of the PSE Group, Marianne Eriksson, on behalf of the GUE/NGL Group, Patsy Sörensen, on behalf of the Verts/ALE Group, Marie-Thérèse Hermange, María Elena Valenciano Martínez-Orozco, Geneviève Fraisse, Rodi Kratsa-Tsagaropoulou, Olga Zrihen, Ilda Figueiredo, Regina Bastos, Proinsias De Rossa, Maria Martens, Thomas Mann and António Vitorino.

The debate closed.

Vote: Minutes of 3.9.2003, Item 11.

Minutes of 3.9.2003, Item 11

36.   Economic accounts for agriculture ***I (debate)

(debate)

Report on the proposal for a regulation of the European Parliament and of the Council on the economic accounts for agriculture in the Community [COM(2003) 50 — C5-0020/2003 — 2003/0023(COD)] — Committee on Agriculture and Rural Development. Rapporteur: María Izquierdo Rojo (A5-0268/2003)

María Izquierdo Rojo introduced the report.

The following spoke: Pedro Solbes Mira (Member of the Commission) and Astrid Lulling (draftsman of the opinion of the ECON Committee).

The debate closed.

Vote: Minutes of 3.9.2003, Item 12.

Minutes of 3.9.2003, Item 12

37.   Agenda for next sitting

The President referred Members to the document ‘Agenda’ PE 334.347/OJME.

38.   Closure of sitting

The sitting closed at 23.25.

Julian Priestley

Secretary-General

Pat Cox

President

---

ATTENDANCE REGISTER

The following signed:

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

Observers

Bagó Zoltán, Balsai István, Bastys Mindaugas, Bekasovs Martijans, Beňová Monika, Biela Adam, Bielan Adam, Bobelis Kazys Jaunutis, Bonnici Josef, Christodoulidis Doros, Chronowski Andrzej, Chrzanowski Zbigniew, Ciemniak Grażyna, Cilevičs Boriss, Cybulski Zygmunt, Czinege Imre, Demetriou Panayiotis, Didžiokas Gintaras, Drzęźla Bernard, Ekert Milan, Ékes József, Falbr Richard, Fazakas Szabolcs, Fenech Antonio, Fico Róbert, Figeľ Jan, Filipek Krzysztof, Gałażewski Andrzej, Gawłowski Andrzej, Germič Ljubo, Grabowska Genowefa, Gruber Attila, Grzebisz-Nowicka Zofia, Gurmai Zita, Gyürk András, Holáň Vilém, Horvat Franc, Kamiński Michał Tomasz, Kāposts Andis, Kelemen András, Kiršteins Aleksandrs, Kļaviņš Paulis, Klich Bogdan, Kłopotek Eugeniusz, Klukowski Wacław, Kolář Robert, Konečná Kateřina, Kósá Kovács Magda, Kozlík Sergej, Kreitzberg Peeter, Kriščiūnas Kęstutis, Kroupa Daniel, Kubovič Pavol, Kuzmickas Kęstutis, Kvietkauskas Vytautas, Laar Mart, Lepper Andrzej, Liberadzki Bogusław, Libicki Marcin, Lisak Janusz, Litwiniec Bogusław, Lydeka Arminas, Łyżwiński Stanisław, Macierewicz Antoni, Maldeikis Eugenijus, Mallotová Helena, Manninger Jenő, Masácová Petra, Maštálka Jří, Matsakis Marios, Mavrou Eleni, Őry Csaba, Pęczak Andrzej, Pieniążek Jerzy, Pīks Rihards, Plokšto Artur, Podgórski Bogdan, Podobnik Janez, Pospíšil Jiří, Pusz Sylwia, Reiljan Janno, Rutkowski Krzysztof, Savi Toomas, Sefzig Luděk, Ševc Jozef, Siekierski Czesław, Smoleń Robert, Smorawiński Jerzy, Surján László, Svoboda Pavel, Szabó Zoltán, Szájer József, Szczygło Aleksander, Tabajdi Csaba, Tomaka Jan, Tomczak Witold, Valys Antanas, Vareikis Egidijus, Vastagh Pál, Vella George, Vėsaitė Birutė, Wenderlich Jerzy, Widuch Marek, Wikiński Marek, Wiśniowska Genowefa, Wojciechowski Janusz, Żenkiewicz Marian, Žiak Rudolf.

---

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.   Request for consultation of the Economic and Social Committee

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| vote: request for consultation | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

vote: request for consultation

+

2.   Protection of workers from carcinogens or mutagens at work ***I

Report: GARGANI (A5-0255/2003)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 477, 3, 13 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

477, 3, 13

Requests for roll-call votes

PPE-DE: final vote

3.   Committees assisting the Commission (Article 251 TEC) ***II

Recommendation for second reading: FRASSONI (A5-0250/2003)

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

Subject

RCV/EV — remarks

approval without vote

declared approved

4.   Fertilizers ***II

Recommendation for second reading: LECHNER (A5-0252/2003)

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

Subject

RCV/EV — remarks

approval without vote

declared approved

5.   VAT and travel services ***I

Report: TORRES MARQUES (A5-0231/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

6.   Statistical surveys of milk and milk products ***I

Report: DAUL (A5-0212/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

7.   Labour force sample survey in the Community ***I

Report: BOUWMAN (A5-0260/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

8.   VAT: administrative cooperation/Mutual assistance for direct and indirect taxation

Report: KAUPPI (A5-0262/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

9.   Procedures for the exercise of implementing powers conferred on the Commission *

Report: CORBETT (A5-0266/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

10.   Recognition and enforcement of judgments in civil and commercial matters *

Report: WALLIS (A5-0253/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

text of the initiative

-

draft legislative resolution

+

11.   Application of the ‘ne bis in idem’ principle *

Report: TURCO (A5-0275/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

12.   European Contract Law

Report: LEHNE (A5-0256/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

13.   Air service agreements between Member States and third countries ***I

Report: Ingo SCHMITT (A5-0263/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1
  8
  10-12 | committee | | + | |
| amendments by committee responsible — separate votes | 2 | committee | sep | + | |
| 3 | committee | sep | + | |
| 4 | committee | sep | + | |
| 5 | committee | sep | + | |
| 6 | committee | sep/EV | + | 327, 191, 5 |
| 7 | committee | sep/EV | + | 324, 191, 10 |
| 9 | committee | sep/EV | + | 306, 207, 7 |
| 13 | committee | RCV | + | 437, 87, 7 |
| 14 | committee | sep | + | |
| 15 | committee | RCV | + | 441, 71, 19 |
| 16 | committee | RCV | - | 231, 290, 10 |
| 17 | committee | sep | - | |
| 18 | committee | sep/EV | + | 291, 229, 6 |
| art 1 | 19 | PPE-DE | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1

8

10-12

committee

+

amendments by committee responsible — separate votes

2

committee

sep

+

3

committee

sep

+

4

committee

sep

+

5

committee

sep

+

6

committee

sep/EV

+

327, 191, 5

7

committee

sep/EV

+

324, 191, 10

9

committee

sep/EV

+

306, 207, 7

13

committee

RCV

+

437, 87, 7

14

committee

sep

+

15

committee

RCV

+

441, 71, 19

16

committee

RCV

-

231, 290, 10

17

committee

sep

-

18

committee

sep/EV

+

291, 229, 6

art 1

19

PPE-DE

+

vote: amended proposal

+

vote: legislative resolution

+

Requests for roll-call votes

PSE: am 16

ELDR: ams 13, 15, 16

Requests for separate vote

PPE-DE: ams 9, 17

PSE: ams 4, 6, 7, 14, 17, 18

ELDR: 2, 3, 4, 5, 6, 7, 14, 18

14.   EC-China maritime transport agreement *

Report: WATTS (A5-0254/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| proposal for a decision |
| vote: legislative proposal | | + | |
| draft legislative resolution |
| after § 1 | 1/rev. | PSE | EV | + | 308, 202, 17 |
| vote: legislative resolution (as a whole) | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

proposal for a decision

vote: legislative proposal

+

draft legislative resolution

after § 1

1/rev.

PSE

EV

+

308, 202, 17

vote: legislative resolution (as a whole)

+

15.   Adequacy of banks' own funds (Basel II)

Report: RADWAN (A5-0258/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 2 | | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 14 | | original text | sep | + | |
| vote: resolution (as a whole) | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 2

original text

split

1

+

2

+

§ 14

original text

sep

+

vote: resolution (as a whole)

+

Requests for split votes

PSE

§ 2

1st part: whole text except the words ‘supports a framework which ... risk management practice’

2nd part: those words

Requests for separate vote

PSE: § 14

16.   Economic and social cohesion (progress report)

Report: MASTORAKIS (A5-0267/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| after § 1 | 11 | GUE/NGL | | - | |
| § 2 | | original text | sep | + | |
| after § 6 | 3 | Verts/ALE | RCV | - | 100, 419, 11 |
| § 10 | 4 | Verts/ALE | | - | |
| § 11 | 5 | Verts/ALE | | - | |
| § 13 | 1 | UEN | | + | |
| § 16 | 6 | Verts/ALE | | + | |
| § 20 | 2 | PSE | | - | |
| § 22 | 7 | Verts/ALE | RCV | - | 91, 434, 8 |
| § 23 | 8 | Verts/ALE | | - | |
| § 33 | | original text | RCV | + | 466, 47, 13 |
| after § 37 | 9 | Verts/ALE | | - | |
| after recital C | 10 | GUE/NGL | | - | |
| vote: resolution (as a whole) | RCV | + | 452, 56, 23 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

after § 1

11

GUE/NGL

-

§ 2

original text

sep

+

after § 6

3

Verts/ALE

RCV

-

100, 419, 11

§ 10

4

Verts/ALE

-

§ 11

5

Verts/ALE

-

§ 13

1

UEN

+

§ 16

6

Verts/ALE

+

§ 20

2

PSE

-

§ 22

7

Verts/ALE

RCV

-

91, 434, 8

§ 23

8

Verts/ALE

-

§ 33

original text

RCV

+

466, 47, 13

after § 37

9

Verts/ALE

-

after recital C

10

GUE/NGL

-

vote: resolution (as a whole)

RCV

+

452, 56, 23

Requests for roll-call votes

PPE-DE: final vote

Verts/ALE: ams 3, 7

Mr BRADBOURN et al: § 33

Requests for separate vote

Mr BRADBOURN et al: § 2

17.   Structurally disadvantaged regions

Report: POMÉS RUIZ (A5-0188/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 2 | 19 | Verts/ALE | | - | |
| § 3 | 6 | PSE | | + | |
| 20 | Verts/ALE | | + | |
| § 5 | | original text | sep | + | |
| § 6 | 21 | Verts/ALE | | + | |
| § 8 | | original text | sep | + | |
| § 10 | 7 | PSE | EV | - | 231, 280, 13 |
| 1 | UEN | | - | |
| 22 | Verts/ALE | | - | |
| after § 11 | 28 | GUE/NGL | | - | |
| after § 16 | 2 | UEN | EV | - | 244, 262, 11 |
| § 17 | 23 | Verts/ALE | | - | |
| after § 18 | 8 | PSE | | + | |
| § 19 | 24 | Verts/ALE | | - | |
| § 20 | 25 | Verts/ALE | | + | |
| § 23 | 9 | PSE | EV | + | 258, 244, 16


  amended orally |
| § 24 | 26 | Verts/ALE | | - | |
| § 26 | | original text | sep | + | |
| recital A | 10 | Verts/ALE | | + | |
| after recital D | 27 | GUE/NGL | | - | |
| recital E | 3 | PSE | EV | - | 248, 259, 9 |
| 11 | Verts/ALE | | - | |
| recital G | 12 | Verts/ALE | EV | - | 235, 268, 19 |
| rec H | 13 | Verts/ALE | | - | |
| recital J | 14 | Verts/ALE | | W | |
| recital K | 15 | Verts/ALE | | + | |
| recital L | 16 | Verts/ALE | | - | |
| recital O | 17 | Verts/ALE | | W | |
| rec P | 4 | PSE | | + | |
| after recital P | 18 | Verts/ALE | | + | |
| after recital Q | 5 | PSE | | + | |
| vote: resolution (as a whole) | RCV | + | 443, 42, 30 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 2

19

Verts/ALE

-

§ 3

6

PSE

+

20

Verts/ALE

+

§ 5

original text

sep

+

§ 6

21

Verts/ALE

+

§ 8

original text

sep

+

§ 10

7

PSE

EV

-

231, 280, 13

1

UEN

-

22

Verts/ALE

-

after § 11

28

GUE/NGL

-

after § 16

2

UEN

EV

-

244, 262, 11

§ 17

23

Verts/ALE

-

after § 18

8

PSE

+

§ 19

24

Verts/ALE

-

§ 20

25

Verts/ALE

+

§ 23

9

PSE

EV

+

258, 244, 16

amended orally

§ 24

26

Verts/ALE

-

§ 26

original text

sep

+

recital A

10

Verts/ALE

+

after recital D

27

GUE/NGL

-

recital E

3

PSE

EV

-

248, 259, 9

11

Verts/ALE

-

recital G

12

Verts/ALE

EV

-

235, 268, 19

rec H

13

Verts/ALE

-

recital J

14

Verts/ALE

W

recital K

15

Verts/ALE

+

recital L

16

Verts/ALE

-

recital O

17

Verts/ALE

W

rec P

4

PSE

+

after recital P

18

Verts/ALE

+

after recital Q

5

PSE

+

vote: resolution (as a whole)

RCV

+

443, 42, 30

Requests for roll-call votes

Verts/ALE: final vote

Requests for separate vote

Verts/ALE: §§ 5, 8, 26

Other information

Mr Duin, on behalf of the PSE Group, moved an oral amendment to amendment 9, to delete the word ‘Convention’.

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

The Verts/ALE Group had withdrawn its amendments 14 and 17.

---

ANNEX II

RESULTS OF ROLL-CALL VOTES

Gargani report A5-0255/2003

Resolution

For: 477

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

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

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

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gobbo, Gollnisch, Hager, Ilgenfritz, Kronberger, Lang, de La Perriere, Martinez, Raschhofer, Souchet, Speroni, Stirbois, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Balfe, Banotti, Bartolozzi, Bastos, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brienza, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cunha, Cushnahan, Daul, Decourrière, Dell'Utri, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Ferrer, Ferri, Fiori, Flemming, Folias, Foster, Fourtou, Friedrich, Gahler, Gargani, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Nicholson, Niebler, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Pastorelli, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zacharakis, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Duhamel, Duin, Ettl, Färm, Fava, Ford, Fruteau, Garot, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Lund, McAvan, McNally, Malliori, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller Rosemarie, Murphy, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Scheele, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Volcic, Watts, Weiler, Whitehead, Wiersma, Wynn, Zrihen

UEN: Andrews, Berlato, Bigliardo, Camre, Caullery, Collins, Crowley, Marchiani, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Segni, Thomas-Mauro, Turchi

Verts/ALE: Auroi, Bouwman, Buitenweg, Cohn-Bendit, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, Maes, Mayol i Raynal, Messner, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Schroedter, Sörensen, Staes, Voggenhuber, Wuori, Wyn

Against: 3

EDD: Booth, Farage, Titford

Abstention: 13

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

GUE/NGL: Alyssandrakis, Korakas, Patakis

NI: Cappato, Della Vedova, Dupuis, Pannella, Turco

Schmitt report A5-0263/2003

Amendment 13

For: 437

EDD: Belder, Blokland, van Dam

ELDR: Nordmann

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

NI: Berthu, Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Hager, Ilgenfritz, Kronberger, Pannella, Raschhofer, Souchet, Turco

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Balfe, Banotti, Bartolozzi, Bastos, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cunha, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Ferrer, Ferri, Fiori, Flemming, Folias, Foster, Fourtou, Friedrich, Gahler, Gargani, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Pastorelli, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Duhamel, Duin, Ettl, Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, 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, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Volcic, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

Verts/ALE: Aaltonen, Auroi, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Messner, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schroedter, Sörensen, Staes, Voggenhuber, Wuori, Wyn

Against: 87

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

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

NI: Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gobbo, Gollnisch, Lang, de La Perriere, Martinez, Speroni, Stirbois, Varaut

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

Abstention: 7

ELDR: Thors

GUE/NGL: Bordes, Cauquil, Krivine, Laguiller, Vachetta

NI: Gorostiaga Atxalandabaso

Schmitt report A5-0263/2003

Amendment 15

For: 441

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

ELDR: Nordmann, Thors

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

NI: Berthu, Beysen, Borghezio, Cappato, Dell'Alba, Della Vedova, Dupuis, Gobbo, Ilgenfritz, Kronberger, Pannella, Raschhofer, Souchet, Speroni, Turco

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Balfe, Banotti, Bartolozzi, Bastos, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cunha, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Gargani, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Pastorelli, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Duhamel, Duin, Ettl, Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, 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, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Volcic, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

Verts/ALE: Aaltonen, Auroi, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Messner, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schroedter, Sörensen, Staes, Voggenhuber, Wuori, Wyn

Against: 71

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

ELDR: Andreasen, Attwooll, van den Bos, Busk, Davies, De Clercq, Duff, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sandersten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

PPE-DE: Matikainen-Kallström, Vatanen

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

Abstention: 19

ELDR: André-Léonard, Boogerd-Quaak

GUE/NGL: Bordes, Cauquil, Krivine, Laguiller, Vachetta

NI: Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Hager, Lang, de La Perriere, Martinez, Stirbois, Varaut

Schmitt report A5-0263/2003

Amendment 16

For: 231

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

ELDR: André-Léonard, van den Bos, Nordmann, Thors

GUE/NGL: Alavanos, Alyssandrakis, Blak, Korakas, Patakis

NI: Berthu, Beysen, Borghezio, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gobbo, Gollnisch, Hager, Ilgenfritz, Kronberger, Lang, de La Perriere, Martinez, Pannella, Raschhofer, Souchet, Speroni, Stirbois, Turco, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Balfe, Banotti, Bartolozzi, Bastos, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cunha, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Ferrer, Ferri, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Gargani, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lehne, Liese, Lisi, McCartin, McMillan-Scott, Mann Thomas, Marini, Marinos, Marques, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Pastorelli, Perry, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Tajani, Tannock, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, de Veyrinas, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Marinho

Verts/ALE: Graefe zu Baringdorf

Against: 290

EDD: Abitbol, Andersen, Bonde, Coûteaux, Kuntz, Sandbæk

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

GUE/NGL: Bakopoulos, Bergaz Conesa, Brie, Caudron, Dary, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krarup, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sylla, Vinci

PPE-DE: Fiori, Maat, Maij-Weggen, Martens, Matikainen-Kallström, Pex, Suominen, Vatanen, van Velzen

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

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

Verts/ALE: Aaltonen, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Messner, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schroedter, Sörensen, Staes, Voggenhuber, Wuori, Wyn

Abstention: 10

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

NI: Gorostiaga Atxalandabaso

Mastorakis report A5-0267/2003

Amendment 3

For: 100

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

GUE/NGL: Ainardi, Alavanos, 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, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sylla, Vachetta, Vinci, Wurtz

NI: Borghezio, Gobbo, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Raschhofer, Speroni

PPE-DE: Ferri, Sacrédeus, Wachtmeister, Wijkman

PSE: Dehousse, Zrihen

Verts/ALE: Aaltonen, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Mayol i Raynal, Messner, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schroedter, Sörensen, Staes, Voggenhuber, Wuori, Wyn

Against: 419

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

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

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

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Balfe, Banotti, Bartolozzi, Bastos, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cunha, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Ferrer, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Gargani, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Pastorelli, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Villiers, Vlasto, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Xarchakos, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, De Keyser, De Rossa, Désir, Duhamel, Duin, Ettl, Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, 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, Müller Rosemarie, Murphy, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Volcic, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba

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

Verts/ALE: Frassoni

Abstention: 11

NI: Claeys, Dillen, de Gaulle, Gollnisch, Lang, de La Perriere, Martinez, Varaut

PSE: Martin Hans-Peter, Myller, Vairinhos

Mastorakis report A5-0267/2003

Amendment 7

For: 91

EDD: Andersen, Bonde, Sandbæk

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

NI: Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, Raschhofer

PPE-DE: Ferri, Sacrédeus, de Veyrinas, Wachtmeister, Wijkman

PSE: Dehousse, Marinho, Zrihen

Verts/ALE: Aaltonen, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Messner, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schroedter, Sörensen, Staes, Voggenhuber, Wuori, Wyn

Against: 434

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

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

GUE/NGL: Alyssandrakis, Korakas, Patakis

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

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Balfe, Banotti, Bartolozzi, Bastos, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cunha, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Ferrer, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Gargani, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Pastorelli, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, Villiers, Vlasto, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Xarchakos, Zacharakis, Zappalà, Zimmerling, Zissener

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

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

Verts/ALE: Frassoni

Abstention: 8

EDD: Booth, Farage, Titford

GUE/NGL: Bordes, Cauquil, Laguiller

PSE: Martin Hans-Peter, Vairinhos

Mastorakis report A5-0267/2003

Paragraph 33

For: 466

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

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

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Dary, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sylla, Vinci, Wurtz

NI: Berthu, Beysen, Borghezio, Dell'Alba, Della Vedova, Dupuis, Garaud, Gobbo, Gorostiaga Atxalandabaso, Hager, de La Perriere, Pannella, Souchet, Speroni, Turco

PPE-DE: Almeida Garrett, Arvidsson, Averoff, Banotti, Bartolozzi, Bastos, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Brienza, Brok, Camisón Asensio, Cederschiöld, Cocilovo, Coelho, Cornillet, Cunha, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Fatuzzo, Ferber, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Fourtou, Friedrich, Gahler, Gargani, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hansenne, Hatzidakis, Hermange, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Pastorelli, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Duhamel, Duin, Ettl, Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, 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, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

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

Against: 47

EDD: Abitbol, Andersen, Bonde, Booth, Farage, Sandbæk, Titford

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

PPE-DE: Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Deva, Elles, Evans Jonathan, Foster, Goodwill, Harbour, Heaton-Harris, Helmer, Inglewood, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Perry, Provan, Purvis, Stevenson, Sturdy, Tannock, Vatanen, Villiers

UEN: Camre

Abstention: 13

GUE/NGL: Bordes, Caudron, Cauquil, Krarup, Krivine, Laguiller, Vachetta

NI: Ilgenfritz, Kronberger, Raschhofer

PPE-DE: Scallon

PSE: Martin Hans-Peter

UEN: Berlato

Mastorakis report A5-0267/2003

Resolution

For: 452

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

ELDR: André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Davies, De Clercq, Duff, Flesch, Gasòliba i Böhm, Huhne, Ludford, Lynne, Maaten, Monsonís Domingo, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Pohjamo, Procacci, Ries, Sbarbati, Schmidt, Sterckx, Thors, Väyrynen, Vallvé, Van Hecke, Virrankoski, Wallis, Watson

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

NI: Beysen, Borghezio, Cappato, Dell'Alba, Della Vedova, Dupuis, Gobbo, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Pannella, Raschhofer, Speroni, Turco

PPE-DE: Almeida Garrett, Arvidsson, Averoff, Banotti, Bartolozzi, Bastos, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Brienza, Brok, Camisón Asensio, Cederschiöld, Cocilovo, Coelho, Cornillet, Cunha, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Fatuzzo, Ferber, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Fourtou, Friedrich, Gahler, Gargani, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hansenne, Hatzidakis, Hermange, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Pastorelli, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, De Keyser, De Rossa, Désir, Duhamel, Duin, Ettl, Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, 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, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rodríguez Ramos, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Volcic, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

Verts/ALE: Aaltonen, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Mayol i Raynal, Messner, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schroedter, Sörensen, Staes, Voggenhuber, Wuori, Wyn

Against: 56

EDD: Abitbol, Booth, Farage, Titford

ELDR: Andreasen, Busk, Jensen, Manders, Mulder, Plooij-van Gorsel, Riis-Jørgensen, Sanders-ten Holte, Sørensen, Vermeer

NI: Claeys, Dillen, de Gaulle, Gollnisch, Lang, de La Perriere, Martinez, Stirbois, Varaut

PPE-DE: Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Deva, Elles, Evans Jonathan, Foster, Goodwill, Hannan, Harbour, Heaton-Harris, Helmer, Inglewood, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Nicholson, Perry, Provan, Purvis, Stevenson, Sturdy, Tannock, Van Orden, Villiers

UEN: Camre

Abstention: 23

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

GUE/NGL: Alyssandrakis, Bordes, Caudron, Cauquil, Korakas, Krarup, Krivine, Laguiller, Patakis, Schröder Ilka, Vachetta

NI: Berthu, Garaud, Souchet

PPE-DE: Scallon

PSE: Dehousse, Martin Hans-Peter

Verts/ALE: Maes

Pomes Ruiz report A5-0188/2003

Resolution

For: 443

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

ELDR: André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, De Clercq, Duff, Flesch, Gasòliba i Böhm, Huhne, Ludford, Lynne, Monsonís Domingo, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Pohjamo, Ries, Sbarbati, Schmidt, Sterckx, Thors, Väyrynen, Vallvé, Van Hecke, Virrankoski, Wallis, Watson

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

NI: Beysen, Borghezio, Cappato, Dell'Alba, Della Vedova, Dupuis, Garaud, Gobbo, Hager, Ilgenfritz, Kronberger, Pannella, Raschhofer, Speroni

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Balfe, Banotti, Bartolozzi, Bastos, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brienza, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cunha, Cushnahan, Daul, Decourrière, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Ferrer, Fiori, Folias, Foster, Fourtou, Friedrich, Gahler, Gargani, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Hermange, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Pastorelli, Perry, Pex, Pirker, Piscarreta, Pisicchio, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Provan, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Zacharakis, Zappalà, Zimmerling, Zissener

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

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

Verts/ALE: Evans Jillian, Ferrández Lezaun, Graefe zu Baringdorf, Hudghton, Lucas, MacCormick, Maes, Mayol i Raynal, Nogueira Román, Staes, Wuori, Wyn

Against: 42

EDD: Booth, Farage, Titford

ELDR: Andreasen, Busk, Jensen, Maaten, Manders, Mulder, Plooij-van Gorsel, Procacci, Riis-Jørgensen, Sanders-ten Holte, Sørensen, Vermeer

PPE-DE: Deva

Verts/ALE: Aaltonen, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Cohn-Bendit, Echerer, Flautre, Frassoni, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, McKenna, Messner, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schroedter, Sörensen, Turmes, Voggenhuber

Abstention: 30

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

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

NI: Berthu, Claeys, Dillen, Gollnisch, Gorostiaga Atxalandabaso, Lang, de La Perriere, Martinez, Souchet, Stirbois, Varaut

PPE-DE: Helmer

PSE: Bowe

Verts/ALE: Bouwman, Dhaene

---

TEXTS ADOPTED

P5_TA(2003)0344

Protection of workers from carcinogens or mutagens at work ***I

European Parliament legislative resolution on the amended proposal for a directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (Codified version) (COM(2003) 127 — C5-0127/2003 — 1999/0085(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and to the Council (COM(1999) 152) (1) and the amended proposal (COM(2003) 127) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and to the Council (COM(1999) 152) (1) and the amended proposal (COM(2003) 127) (1),

| — | having regard to Article 251(2) and Article 137(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0127/2003), |
| --- | --- |

—

having regard to Article 251(2) and Article 137(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0127/2003),

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

—

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

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0255/2003), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0255/2003),

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

1.

Approves the Commission proposal;

| 2. | Calls on the Commission to refer the matter back 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 back 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(2003)0345

Committees assisting the Commission (Article 251 TEC) ***II

European Parliament legislative resolution on the Council common position with a view to the adoption of a Regulation of the European Parliament and of the Council adapting to Council Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty (11253/2/2002 — C5-0223/2003 — 2001/0314(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (11253/2/2002 — C5-0223/2003) (1), |
| --- | --- |

—

having regard to the Council common position (11253/2/2002 — C5-0223/2003) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001) 789) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001) 789) (3),

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

—

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

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

—

having regard to Rule 78 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Constitutional Affairs (A5-0250/2003), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Constitutional Affairs (A5-0250/2003),

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

1.

Approves the common position;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

---

(1)  OJ C 153 E, 1.7.2003, p. 1.

(2)  P5_TA(2003)0071.

(3)  OJ C 75 E, 26.3.2002, p. 385.

P5_TA(2003)0346

Fertilisers ***II

European Parliament legislative resolution on the common position adopted by the Council with a view to the adoption of a regulation of the European Parliament and of the Council relating to fertilisers (12733/2/2002 — C5-0224/2003 — 2001/0212(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (12733/2/2002 — C5-0224/2003) (1), |
| --- | --- |

—

having regard to the Council common position (12733/2/2002 — C5-0224/2003) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001) 508) (3) |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2001) 508) (3)

| — | having regard to the Commission's amended proposal (COM(2002) 318) (4), |
| --- | --- |

—

having regard to the Commission's amended proposal (COM(2002) 318) (4),

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

—

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

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

—

having regard to Rule 78 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Legal Affairs and the Internal Market (A5-0252/2003), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Legal Affairs and the Internal Market (A5-0252/2003),

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

1.

Approves the common position;

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

2.

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

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

3.

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

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

5.

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

---

(1)  OJ C 153 E, 1.7.2003, p. 56.

(2)  OJ C 127 E, 29.5.2003, p. 275.

(3)  OJ C 51 E, 26.2.2002, p. 1.

(4)  OJ C 227 E, 24.9.2002, p. 503.

P5_TA(2003)0347

VAT and travel services ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council Regulation amending Regulation (EEC) No 218/92 on administrative co-operation in the field of indirect taxation (VAT) as regards additional measures regarding supplies of travel services (COM(2003) 78 — C5-0145/2003 — 2003/0057(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 78) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 78) (1),

| — | having regard to Article 251(2) of the EC Treaty and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0145/2003), |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0145/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A5-0231/2003), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A5-0231/2003),

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

3.

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

---

(1)  OJ C not yet published.

P5_TA(2003)0348

Statistical surveys of milk and milk products ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive amending Council Directive 96/16/EC on statistical surveys of milk and milk products (COM(2003) 158 — C5-0157/2003 — 2003/0060(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 158) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 158) (1),

| — | having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0157/2003), |
| --- | --- |

—

having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0157/2003),

| — | 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 (A5-0212/2003), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A5-0212/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  OJ not yet published.

P5_TC1-COD(2003)0060

Position of the European Parliament adopted at first reading on 2 September 2003 with a view to the adoption of Directive 2003/.../EC of the European Parliament and of the Council amending Council Directive 96/16/EC on statistical surveys of milk and milk products

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,

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

Acting in accordance with the procedure referred to in Article 251 of the Treaty (2),

Whereas:

| (1) | The purpose of Directive 96/16/EC (3) is to provide reliable and comparable data on milk production and use and reliable, regular, short-term information on milk deliveries to undertakings which treat or process milk and on the production of milk products in the Member States. |
| --- | --- |

(1)

The purpose of Directive 96/16/EC (3) is to provide reliable and comparable data on milk production and use and reliable, regular, short-term information on milk deliveries to undertakings which treat or process milk and on the production of milk products in the Member States.

| (2) | In view of the growing economic importance of the protein content of milk, it is becoming increasingly necessary to have statistical information on the protein content of the main milk products. |
| --- | --- |

(2)

In view of the growing economic importance of the protein content of milk, it is becoming increasingly necessary to have statistical information on the protein content of the main milk products.

| (3) | Specialisation in agriculture is increasing in general, and the milk sector in particular is currently undergoing regional specialisation which gives rise to enormous differences between the regions of a single Member State, requiring detailed information at
  regional level
  . |
| --- | --- |

(3)

Specialisation in agriculture is increasing in general, and the milk sector in particular is currently undergoing regional specialisation which gives rise to enormous differences between the regions of a single Member State, requiring detailed information at
  regional level
  .

| (4) | To
  guarantee comparability of results, methodological reports need to be compiled according to a standard format, |
| --- | --- |

(4)

To
  guarantee comparability of results, methodological reports need to be compiled according to a standard format,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 96/16/EC is amended as
  follows
  :

| 1. | Article
  4 is amended as follows:






  (a) | In paragraph (1)(b), the following points are added:






  ‘(iv) | The protein content of the main milk products
  , based on the measuring or estimating method most likely to guarantee reliable data
  ; |
| --- | --- | --- | --- |

1.

Article
  4 is amended as follows:

(a)

In paragraph (1)(b), the following points are added:

‘(iv)

The protein content of the main milk products
  , based on the measuring or estimating method most likely to guarantee reliable data
  ;

| (v) | The quantity of cow's milk produced by agricultural holdings on a regional basis (territorial unit NUTS 2), based on the measuring or estimating method most likely to guarantee reliable data.
  ’ |
| --- | --- |

(v)

The quantity of cow's milk produced by agricultural holdings on a regional basis (territorial unit NUTS 2), based on the measuring or estimating method most likely to guarantee reliable data.
  ’

| (b) | Paragraph 2 is deleted. |
| --- | --- |

(b)

Paragraph 2 is deleted.

| 2. | In Article 5(2)
  , the last sentence is replaced by the following
  text:


  ‘
  The
  Member States shall notify the Commission annually of the
  methodological information relating to
  the data referred to in Article 4(1)
  , using a standard questionnaire drawn up by the Commission in accordance with the procedure laid down in Article 7
  .’ |
| --- | --- |

2.

In Article 5(2)
  , the last sentence is replaced by the following
  text:

‘
  The
  Member States shall notify the Commission annually of the
  methodological information relating to
  the data referred to in Article 4(1)
  , using a standard questionnaire drawn up by the Commission in accordance with the procedure laid down in Article 7
  .’

| 3. | Article 6
  (3)
  is amended as
  follows:








  a) | in
  subparagraph (b), the second indent is deleted. |
| --- | --- | --- |

3.

Article 6
  (3)
  is amended as
  follows:

a)

in
  subparagraph (b), the second indent is deleted.

| b) | subparagraph (c) is replaced by the following:






  ‘c) | in September of the year following the year of the reference date, the results referred to in Article 1(2) and in subparagraphs (b)(v) and (c) of Article 4(1).’ |
| --- | --- | --- |

b)

subparagraph (c) is replaced by the following:

‘c)

in September of the year following the year of the reference date, the results referred to in Article 1(2) and in subparagraphs (b)(v) and (c) of Article 4(1).’

Article 2

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

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

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at ,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  Position of the European Parliament of 2 September 2003.

2

Position of the European Parliament of 2 September 2003.

(3)  OJ L 78, 28.3.1996, p. 27.

3

P5_TA(2003)0349

Labour force sample survey ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation amending Council Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community to adapt the list of survey characteristics (COM(2003) 109 — C5-0105/2003 — 2003/0047(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 109) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 109) (1),

| — | having regard to Article 251(2) and Article 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0105/2003), |
| --- | --- |

—

having regard to Article 251(2) and Article 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0105/2003),

| — | 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 Economic and Monetary Affairs (A5-0260/2003), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Economic and Monetary Affairs (A5-0260/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P5_TC1-COD(2003)0047

Position of the European Parliament adopted at first reading on 2 September 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No.../2003 amending Council Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community to adapt the list of survey characteristics

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 285 thereof,

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

Acting in accordance with the procedure referred to in Article 251 of the Treaty (2),

Whereas:

| (1) | The labour force sample survey to be carried out under Council Regulation (EC) No 577/98 of 9 March 1998 (3)
  must adequately cover new and recently emerging features of the labour market; |
| --- | --- |

(1)

The labour force sample survey to be carried out under Council Regulation (EC) No 577/98 of 9 March 1998 (3)
  must adequately cover new and recently emerging features of the labour market;

| (2) | According to the European Social Policy Agenda adopted by the Nice European Council in December 2000, the Council Decision 2002/177/EC of 18 February 2002 on guidelines for Member States employment policies for 2002 (4) and the Council Recommendation of 21 June 2002 on the broad guidelines of the economic policies of the Member States and the Community
   (5)
  , the way work is organised must be adapted to the needs of both businesses and individuals; |
| --- | --- |

(2)

According to the European Social Policy Agenda adopted by the Nice European Council in December 2000, the Council Decision 2002/177/EC of 18 February 2002 on guidelines for Member States employment policies for 2002 (4) and the Council Recommendation of 21 June 2002 on the broad guidelines of the economic policies of the Member States and the Community
   (5)
  , the way work is organised must be adapted to the needs of both businesses and individuals;

| (3) | The survey characteristics laid down in Regulation (EC) No 577/98 were determined according to statistical needs and the labour market situation prevailing at the time; |
| --- | --- |

(3)

The survey characteristics laid down in Regulation (EC) No 577/98 were determined according to statistical needs and the labour market situation prevailing at the time;

| (4) | Data collection should not impose on respondents a burden out of proportion with the results which users of the survey can reasonably expect; |
| --- | --- |

(4)

Data collection should not impose on respondents a burden out of proportion with the results which users of the survey can reasonably expect;

| (5) | Regulation (EC) No 577/98 should therefore be amended accordingly; |
| --- | --- |

(5)

Regulation (EC) No 577/98 should therefore be amended accordingly;

| (6) | The Statistical Programme Committee, established by Council Decision 89/382/EEC, Euratom of 19 June 1989
   (6)
  , has been consulted by the Commission, |
| --- | --- |

(6)

The Statistical Programme Committee, established by Council Decision 89/382/EEC, Euratom of 19 June 1989
   (6)
  , has been consulted by the Commission,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 577/98 shall be modified as follows:

| (1) | Points (b), (c), (d) and (g) of Article 4(1) are replaced by the following:






  ‘(b) | labour status:






  — | labour status during the reference week, |
| --- | --- | --- | --- |

(1)

Points (b), (c), (d) and (g) of Article 4(1) are replaced by the following:

‘(b)

labour status:

—

labour status during the reference week,

| — | continued receipt of wages and salary, |
| --- | --- |

—

continued receipt of wages and salary,

| — | reason for not having worked though having a job, |
| --- | --- |

—

reason for not having worked though having a job,

| — | search for employment for person without employment, |
| --- | --- |

—

search for employment for person without employment,

| — | type of employment sought (self-employed or employee), |
| --- | --- |

—

type of employment sought (self-employed or employee),

| — | methods used to find a job, |
| --- | --- |

—

methods used to find a job,

| — | availability to start work; |
| --- | --- |

—

availability to start work;

| (c) | employment characteristics of the main job:






  — | professional status, |
| --- | --- | --- |

(c)

employment characteristics of the main job:

—

professional status,

| — | economic activity of the local unit, |
| --- | --- |

—

economic activity of the local unit,

| — | occupation, |
| --- | --- |

—

occupation,

| — | supervisory responsibilities, |
| --- | --- |

—

supervisory responsibilities,

| — | number of persons working at the local unit, |
| --- | --- |

—

number of persons working at the local unit,

| — | country of place of work, |
| --- | --- |

—

country of place of work,

| — | region of place of work, |
| --- | --- |

—

region of place of work,

| — | year and month when the person started working in current employment, |
| --- | --- |

—

year and month when the person started working in current employment,

| — | involvement of public employment service in finding the current job, |
| --- | --- |

—

involvement of public employment service in finding the current job,

| — | permanency of the job (and reasons), |
| --- | --- |

—

permanency of the job (and reasons),

| — | duration of temporary job or work contract of limited duration, |
| --- | --- |

—

duration of temporary job or work contract of limited duration,

| — | full-time/part-time distinction (and reasons), |
| --- | --- |

—

full-time/part-time distinction (and reasons),

| — | contract with a temporary work agency, |
| --- | --- |

—

contract with a temporary work agency,

| — | working at home; |
| --- | --- |

—

working at home;

| (d) | hours worked:






  — | number of hours per week usually worked, |
| --- | --- | --- |

(d)

hours worked:

—

number of hours per week usually worked,

| — | number of hours actually worked, |
| --- | --- |

—

number of hours actually worked,

| — | number of hours of overtime in the reference week, |
| --- | --- |

—

number of hours of overtime in the reference week,

| — | main reason for hours actually worked being different from usual hours; |
| --- | --- |

—

main reason for hours actually worked being different from usual hours;

| (g) | search for employment:






  — | type of employment sought, |
| --- | --- | --- |

(g)

search for employment:

—

type of employment sought,

| — | duration of search for employment, |
| --- | --- |

—

duration of search for employment,

| — | situation of person immediately before starting to seek employment, |
| --- | --- |

—

situation of person immediately before starting to seek employment,

| — | registration at public employment office and whether receiving benefits, |
| --- | --- |

—

registration at public employment office and whether receiving benefits,

| — | willingness to work for person not seeking employment, |
| --- | --- |

—

willingness to work for person not seeking employment,

| — | reasons why person has not sought work, |
| --- | --- |

—

reasons why person has not sought work,

| — | lack of care facilities.’ |
| --- | --- |

—

lack of care facilities.’

| (2) | The following point (n) is added in Article 4(1):






  ‘(n) | atypical working times:






  — | shift work, |
| --- | --- | --- | --- |

(2)

The following point (n) is added in Article 4(1):

‘(n)

atypical working times:

—

shift work,

| — | evening work, |
| --- | --- |

—

evening work,

| — | night work, |
| --- | --- |

—

night work,

| — | Saturday work, |
| --- | --- |

—

Saturday work,

| — | Sunday work.’ |
| --- | --- |

—

Sunday work.’

| (3) | The third indent of Article 4(2) is replaced by the following:







  ‘— | the volume of an ad hoc module shall be limited to eleven variables.’ |
| --- | --- | --- |

(3)

The third indent of Article 4(2) is replaced by the following:

‘—

the volume of an ad hoc module shall be limited to eleven variables.’

| (4) | The following paragraphs 4 and 5 are added in Article 4:






  ‘4. | On a proposal from the Commission a list of variables, hereinafter referred to as structural variables, may be identified from among the survey characteristics specified in paragraph 1 which need to be surveyed only as annual averages with reference to 52 weeks rather than as quarterly averages. This list of structural variables, the minimum sample size and the survey frequency will be drawn up according to the procedure laid down in Article 8. |
| --- | --- | --- |

(4)

The following paragraphs 4 and 5 are added in Article 4:

‘4.

On a proposal from the Commission a list of variables, hereinafter referred to as structural variables, may be identified from among the survey characteristics specified in paragraph 1 which need to be surveyed only as annual averages with reference to 52 weeks rather than as quarterly averages. This list of structural variables, the minimum sample size and the survey frequency will be drawn up according to the procedure laid down in Article 8.

| 5. | Spain, Finland and the United Kingdom may, during a transition period lasting until the end of 2007, collect the structural variables with reference to a single quarter.
  ’ |
| --- | --- |

5.

Article 2

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

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

Done at,

For the European Parliament

The President

For the Council

The President

---

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

1

(2)  Position of the European Parliament of 2 September 2003.

2

(3)  OJ L 77, 14.3.1998, p. 3.

3

(4)  OJ L 60, 1.3.2002, p. 60.

4

(5)  OJ L 182, 11.7.2002, p. 1.

5

(6)  OJ L 181, 28.6.1989, p. 47.

6

P5_TA(2003)0350

VAT: administrative cooperation

European Parliament resolution on the change of the legal basis on the proposal for a European Parliament and Council regulation on administrative cooperation in the field of value added tax (6522/2003 — C5-0216/2003 — 2001/0133(COD))

(Codecision procedure — renewed consultation on the legal basis)

The European Parliament,

| — | having regard to the proposal from the Commission to the European Parliament and to the Council (COM(2001) 294 — C5-0269/2001) (1), |
| --- | --- |

—

having regard to the proposal from the Commission to the European Parliament and to the Council (COM(2001) 294 — C5-0269/2001) (1),

| — | having regard to its opinion at first reading (2), |
| --- | --- |

—

having regard to its opinion at first reading (2),

| — | having been consulted by the Council on the change of legal basis (6522/2003 — C5-0216/2003), |
| --- | --- |

—

having been consulted by the Council on the change of legal basis (6522/2003 — C5-0216/2003),

| — | having regard to Rule 71(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 71(2) of its Rules of Procedure,

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

—

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

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A5-0262/2003), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A5-0262/2003),

| 1. | Confirms its opinion at first reading; |
| --- | --- |

1.

Confirms its opinion at first reading;

| 2. | Disputes the appropriateness of the new legal basis proposed by the Council; |
| --- | --- |

2.

Disputes the appropriateness of the new legal basis proposed by the Council;

| 3. | Insists that Article 95 of the EC Treaty is the appropriate legal basis; |
| --- | --- |

3.

Insists that Article 95 of the EC Treaty is the appropriate legal basis;

| 4. | Calls on the Council therefore to forward its common position to Parliament; |
| --- | --- |

4.

Calls on the Council therefore to forward its common position to Parliament;

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

5.

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

---

(1)  OJ C 270 E, 25.9.2001, p. 87.

(2)  OJ C 284 E, 21.11.2002, p. 178.

P5_TA(2003)0351

Mutual assistance for direct and indirect taxation

European Parliament resolution on the change of the legal basis on the proposal for a European Parliament and Council directive amending Council Directive 77/799/EEC concerning mutual assistance by the competent authorities of the Member States in the field of direct and indirect taxation (6930/2003 — C5-0217/2003 — 2001/0134(COD))

(Codecision procedure — renewed consultation on the legal basis)

The European Parliament,

| — | having regard to the proposal from the Commission to the European Parliament and to the Council (COM(2001) 294 — C5-0270/2001) (1), |
| --- | --- |

—

having regard to the proposal from the Commission to the European Parliament and to the Council (COM(2001) 294 — C5-0270/2001) (1),

| — | having regard to the its opinion at first reading (2), |
| --- | --- |

—

having regard to the its opinion at first reading (2),

| — | having been consulted by the Council on the change of legal basis (6930/2003 — C5-0217/2003), |
| --- | --- |

—

having been consulted by the Council on the change of legal basis (6930/2003 — C5-0217/2003),

| — | having regard to Rule 71(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 71(2) of its Rules of Procedure,

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

—

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

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A5-0262/2003), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A5-0262/2003),

| 1. | Confirms its opinion at first reading; |
| --- | --- |

1.

Confirms its opinion at first reading;

| 2. | Disputes the appropriateness of the new legal basis proposed by the Council; |
| --- | --- |

2.

Disputes the appropriateness of the new legal basis proposed by the Council;

| 3. | Insists that Article 95 of the EC Treaty is the appropriate legal basis; |
| --- | --- |

3.

Insists that Article 95 of the EC Treaty is the appropriate legal basis;

| 4. | Calls on the Council therefore to forward its common position to Parliament; |
| --- | --- |

4.

Calls on the Council therefore to forward its common position to Parliament;

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

5.

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

---

(1)  OJ C 270 E, 25.9.2001, p. 96.

(2)  OJ C 284 E, 21.11.2002, p. 191.

P5_TA(2003)0352

Exercise of Commission implementing powers *

European Parliament legislative resolution on the proposal for a Council decision on amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (COM(2002) 719 — C5-0002/2003 — 2002/0298(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2002) 719) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2002) 719) (1),

| — | having regard to Article 202 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0002/2003), |
| --- | --- |

—

having regard to Article 202 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0002/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Economic and Monetary Affairs (A5-0128/2003), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Economic and Monetary Affairs (A5-0128/2003),

| — | having regard to the second report of the Committee on Constitutional Affairs (A5-0266/2003), |
| --- | --- |

—

having regard to the second report of the Committee on Constitutional Affairs (A5-0266/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| RECITAL 2 |
| (2) Current developments in Community legislation show that it is increasingly common for legislative instruments to require additional measures to be adopted, whose technical principles and details must be established on the basis of sound analysis and expert opinion within suitable periods of time. Whenever this prompts the legislature to delegate wider powers to the Commission, it must have
  a say in
  the measures which the Commission plans to adopt. | (2) Current developments in Community legislation show that it is increasingly common for legislative instruments to require additional measures to be adopted, whose technical principles and details must be established on the basis of sound analysis and expert opinion within suitable periods of time. Whenever this prompts the legislature to delegate wider powers to the Commission, it must have
  all information about
  the measures which the Commission plans to adopt
  , as provided for in the Agreement (2) between the European Parliament and the Commission on procedures for implementing Decision 1999/468/EC, and a right to have a say
  . |
| Amendment 2 |
| RECITAL 6 |
| (6) In these cases, the regulatory procedure must allow the Commission to assume full responsibility for adopting executive measures, after having solicited the opinion of the Committee of Representatives of the Member States, whilst enabling the European Parliament and the Council to oversee the executive role. This means that, in the event of a disagreement between the Commission and the legislature, the Commission must be able, depending on the case, to either present a proposal
  under
  Article 251 of the Treaty or adopt
  its
  draft of
  initial
  measures,
  possibly with amendments
  . | (6) In these cases, the regulatory procedure must allow the Commission to assume full responsibility for adopting executive measures, after having solicited the opinion of the Committee of Representatives of the Member States, whilst enabling the European Parliament and the Council to oversee the executive role. This means that, in the event of a disagreement between the Commission and the legislature, the Commission must be able, depending on the case
  and taking account of the positions of the European Parliament and the Council
  , to either present a proposal
  for an instrument in accordance with the procedure laid down in
  Article 251 of the Treaty
  ,
  or adopt
  the proposed
  draft of measures
  accompanied by an appropriate statement, or modify it, or withdraw its draft altogether
  . |
| Amendment 3 |
| RECITAL 9a (new) |
| | (9a) The application of this decision shall be without prejudice to any of the undertakings made by the Commission in the field of securities legislation, in particular the solemn declaration made before Parliament on 5 February 2002 by the Commission, and the letter of 2 October 2001 addressed by the Internal Market Commissioner to the chairman of the European Parliament's Committee on Economic and Monetary Affairs. |
| Amendment 4 |
| ARTICLE 1, POINT 2
  Article 4, paragraph 3 (Decision 1999/468/EC) |
| 2. In Article 4(3) the words ‘without prejudice to Article 8’ are deleted. | 2. In Article 4(3)
  and in Article 5(3)
  the words ‘without prejudice to Article 8’ are deleted. |
| Amendment 5 |
| ARTICLE 1, POINT 3A (NEW)
  Article 5, paragraph 6, subparagraph 1 (Decision 1999/468/EC) |
| | 3a. Article 5(6), subparagraph 1 is replaced by the following:


  ‘
  (6) The Council may act by qualified majority on the proposal, within a period to be laid down in each basic instrument but which shall in no case exceed three months from the date of referral to the Council.
  ’ |
| Amendment 6 |
| ARTICLE 1, POINT 4
  Article 5a, paragraph 5 (Decision 1999/468/EC) |
| 5. If the European Parliament, by an absolute majority of its members, or the Council, by the majority provided for by Article 205(2) of the Treaty, express any objections to the final draft of the executive measures presented by the Commission within one month, which may be extended by another month, of its being forwarded, the Commission must either
  withdraw its draft and
  present a proposal for an instrument in accordance with the procedure in Article 251 of the EC Treaty, or adopt the proposed
  measure
  ,
  possibly amending its draft to take account of the objections. | 5. If the European Parliament, by an absolute majority of its members, or the Council, by the majority provided for by Article 205(2) of the Treaty, express any objections to the final draft of the executive measures presented by the Commission within a period of one month, which may be extended by another month, of its being forwarded,
  taking account of the positions of the European Parliament and the Council,
  the Commission must either present a proposal for an instrument in accordance with the procedure in Article 251 of the Treaty, or adopt the proposed
  draft of measures accompanied by an appropriate statement, or modify it, or withdraw its draft altogether
  . |
| Amendment 7 |
| ARTICLE 1, POINT 4
  Article 5a, paragraph 6 (Decision 1999/468/EC) |
| 6. If, on imperative grounds of urgency, the time limits for the regulatory procedure cannot be abided by, the Commission may adopt the executive measures after having obtained the opinion of the regulatory committee in accordance with paragraph 2. It shall notify the European Parliament, the Council and the Member States of these without delay. Within one month of notification, the European Parliament, by an absolute majority of its members, or the Council, by the majority provided for by Article 205(2), may raise objections. In this case, the Commission
  may
  either
  withdraw the adopted measure and
  present a proposal for an instrument in accordance with the procedure
  under
  Article 251 of the Treaty
  or
  uphold the
  measure
  ,
  possibly with amendments to take account of the objections expressed
  . | 6. If, on imperative grounds of urgency, the time limits for the regulatory procedure cannot be abided by, the Commission may adopt the executive measures after having obtained the opinion of the regulatory committee in accordance with paragraph 2. It shall notify the European Parliament, the Council and the Member States of these without delay. Within a period of one month of notification,
  which may be extended by another month if the Council or the European Parliament so request,
  the European Parliament, by an absolute majority of its members, or the Council, by the majority provided for by Article 205(2), may raise objections. In this case,
  taking account of the positions of the European Parliament and the Council,
  the Commission
  must
  either present a proposal for an instrument in accordance with the procedure
  in
  Article 251 of the Treaty
  while provisionally maintaining
  or
  withdrawing the adopted measures,
  or uphold the
  measures accompanied by an appropriate statement, or modify them, or withdraw them altogether
  . |
| Amendment 8 |
| ARTICLE 1, POINT 4A (NEW)
  Article 6, point (a) (Decision 1999/468/EC) |
| | 4a. Article 6(a) is amended as follows:









  ‘
  (a) | the Commission shall notify the European Parliament, the Council and the Member States of any decision regarding safeguard measures. It may be stipulated that before adopting its decision, the Commission shall consult the Member States in accordance with procedures to be determined in each case;
  ’ |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

RECITAL 2

(2) Current developments in Community legislation show that it is increasingly common for legislative instruments to require additional measures to be adopted, whose technical principles and details must be established on the basis of sound analysis and expert opinion within suitable periods of time. Whenever this prompts the legislature to delegate wider powers to the Commission, it must have
  a say in
  the measures which the Commission plans to adopt.

(2) Current developments in Community legislation show that it is increasingly common for legislative instruments to require additional measures to be adopted, whose technical principles and details must be established on the basis of sound analysis and expert opinion within suitable periods of time. Whenever this prompts the legislature to delegate wider powers to the Commission, it must have
  all information about
  the measures which the Commission plans to adopt
  , as provided for in the Agreement (2) between the European Parliament and the Commission on procedures for implementing Decision 1999/468/EC, and a right to have a say
  .

Amendment 2

RECITAL 6

(6) In these cases, the regulatory procedure must allow the Commission to assume full responsibility for adopting executive measures, after having solicited the opinion of the Committee of Representatives of the Member States, whilst enabling the European Parliament and the Council to oversee the executive role. This means that, in the event of a disagreement between the Commission and the legislature, the Commission must be able, depending on the case, to either present a proposal
  under
  Article 251 of the Treaty or adopt
  its
  draft of
  initial
  measures,
  possibly with amendments
  .

(6) In these cases, the regulatory procedure must allow the Commission to assume full responsibility for adopting executive measures, after having solicited the opinion of the Committee of Representatives of the Member States, whilst enabling the European Parliament and the Council to oversee the executive role. This means that, in the event of a disagreement between the Commission and the legislature, the Commission must be able, depending on the case
  and taking account of the positions of the European Parliament and the Council
  , to either present a proposal
  for an instrument in accordance with the procedure laid down in
  Article 251 of the Treaty
  ,
  or adopt
  the proposed
  draft of measures
  accompanied by an appropriate statement, or modify it, or withdraw its draft altogether
  .

Amendment 3

RECITAL 9a (new)

(9a) The application of this decision shall be without prejudice to any of the undertakings made by the Commission in the field of securities legislation, in particular the solemn declaration made before Parliament on 5 February 2002 by the Commission, and the letter of 2 October 2001 addressed by the Internal Market Commissioner to the chairman of the European Parliament's Committee on Economic and Monetary Affairs.

Amendment 4

ARTICLE 1, POINT 2

Article 4, paragraph 3 (Decision 1999/468/EC)

2. In Article 4(3) the words ‘without prejudice to Article 8’ are deleted.

2. In Article 4(3)
  and in Article 5(3)
  the words ‘without prejudice to Article 8’ are deleted.

Amendment 5

ARTICLE 1, POINT 3A (NEW)

Article 5, paragraph 6, subparagraph 1 (Decision 1999/468/EC)

3a. Article 5(6), subparagraph 1 is replaced by the following:

‘
  (6) The Council may act by qualified majority on the proposal, within a period to be laid down in each basic instrument but which shall in no case exceed three months from the date of referral to the Council.
  ’

Amendment 6

ARTICLE 1, POINT 4

Article 5a, paragraph 5 (Decision 1999/468/EC)

5. If the European Parliament, by an absolute majority of its members, or the Council, by the majority provided for by Article 205(2) of the Treaty, express any objections to the final draft of the executive measures presented by the Commission within one month, which may be extended by another month, of its being forwarded, the Commission must either
  withdraw its draft and
  present a proposal for an instrument in accordance with the procedure in Article 251 of the EC Treaty, or adopt the proposed
  measure
  ,
  possibly amending its draft to take account of the objections.

5. If the European Parliament, by an absolute majority of its members, or the Council, by the majority provided for by Article 205(2) of the Treaty, express any objections to the final draft of the executive measures presented by the Commission within a period of one month, which may be extended by another month, of its being forwarded,
  taking account of the positions of the European Parliament and the Council,
  the Commission must either present a proposal for an instrument in accordance with the procedure in Article 251 of the Treaty, or adopt the proposed
  draft of measures accompanied by an appropriate statement, or modify it, or withdraw its draft altogether
  .

Amendment 7

ARTICLE 1, POINT 4

Article 5a, paragraph 6 (Decision 1999/468/EC)

6. If, on imperative grounds of urgency, the time limits for the regulatory procedure cannot be abided by, the Commission may adopt the executive measures after having obtained the opinion of the regulatory committee in accordance with paragraph 2. It shall notify the European Parliament, the Council and the Member States of these without delay. Within one month of notification, the European Parliament, by an absolute majority of its members, or the Council, by the majority provided for by Article 205(2), may raise objections. In this case, the Commission
  may
  either
  withdraw the adopted measure and
  present a proposal for an instrument in accordance with the procedure
  under
  Article 251 of the Treaty
  or
  uphold the
  measure
  ,
  possibly with amendments to take account of the objections expressed
  .

6. If, on imperative grounds of urgency, the time limits for the regulatory procedure cannot be abided by, the Commission may adopt the executive measures after having obtained the opinion of the regulatory committee in accordance with paragraph 2. It shall notify the European Parliament, the Council and the Member States of these without delay. Within a period of one month of notification,
  which may be extended by another month if the Council or the European Parliament so request,
  the European Parliament, by an absolute majority of its members, or the Council, by the majority provided for by Article 205(2), may raise objections. In this case,
  taking account of the positions of the European Parliament and the Council,
  the Commission
  must
  either present a proposal for an instrument in accordance with the procedure
  in
  Article 251 of the Treaty
  while provisionally maintaining
  or
  withdrawing the adopted measures,
  or uphold the
  measures accompanied by an appropriate statement, or modify them, or withdraw them altogether
  .

Amendment 8

ARTICLE 1, POINT 4A (NEW)

Article 6, point (a) (Decision 1999/468/EC)

4a. Article 6(a) is amended as follows:

‘
  (a)

Amendment 9

ARTICLE 1, POINT 5, POINT C

Article 7, paragraph 5 (Decision 1999/468/EC)

5.
  The references of
  all documents sent to the European Parliament pursuant to paragraph 3 shall be
  made public
  in a register to be set up to this end by the Commission.

The references of

made public

5. All documents sent to the European Parliament pursuant to paragraph 3 shall be
  listed
  in a register to be set up to this end by the Commission
  in 2003, which shall be available on the Internet
  .

listed

in 2003, which shall be available on the Internet

---

(1)  Not yet published in OJ.

1

(2)  

  OJ L 256, 10.10.2000, p. 19.

2

OJ L 256, 10.10.2000, p. 19.

P5_TA(2003)0353

Recognition and enforcement of judgments in civil and commercial matters *

European Parliament legislative resolution on the Initiative of the Kingdom of the Netherlands with a view to the adoption of a Council Regulation amending Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (14363/2002 — C5-0590/2002 — 2002/0824(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Initiative of the Kingdom of the Netherlands (14363/2002) (1), |
| --- | --- |

—

having regard to the Initiative of the Kingdom of the Netherlands (14363/2002) (1),

| — | having regard to Article 61(c) of the EC Treaty, |
| --- | --- |

—

having regard to Article 61(c) of the EC Treaty,

| — | having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0590/2002), |
| --- | --- |

—

having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0590/2002),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0253/2003), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0253/2003),

| 1. | Rejects the initiative of the Kingdom of the Netherlands; |
| --- | --- |

1.

Rejects the initiative of the Kingdom of the Netherlands;

| 2. | Calls on the Kingdom of the Netherlands to withdraw the initiative; |
| --- | --- |

2.

Calls on the Kingdom of the Netherlands to withdraw the initiative;

| 3. | Calls on the Commission to give proper consideration to the underlying issue, report back to Parliament and, if necessary, produce a proposal for amending legislation; |
| --- | --- |

3.

Calls on the Commission to give proper consideration to the underlying issue, report back to Parliament and, if necessary, produce a proposal for amending legislation;

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

4.

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

---

(1)  OJ C 311, 14.12.2002, p. 16.

P5_TA(2003)0354

Application of the ‘ne bis in idem’ principle *

European Parliament legislative resolution on the initiative by the Hellenic Republic with a view to adopting a Council Framework Decision concerning the application of the ‘ne bis in idem’ principle (7246/2003 — C5-0165/2003 — 2003/0811(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative by the Hellenic Republic (7246/2003) (1), |
| --- | --- |

—

having regard to the initiative by the Hellenic Republic (7246/2003) (1),

| — | having regard to Article 34(2)(b) of the EU Treaty, |
| --- | --- |

—

having regard to Article 34(2)(b) of the EU Treaty,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0165/2003), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0165/2003),

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

—

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

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0275/2003), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0275/2003),

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

1.

Approves the initiative by the Hellenic Republic as amended;

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

2.

Calls on the Council to amend the text accordingly;

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

3.

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

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

4.

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

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

5.

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

| TEXT PROPOSED BY THE HELLENIC REPUBLIC | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 1 |
| (1) The principle of ‘ne bis in idem’, or the prohibition of double jeopardy,
  i.e. that
  no-one should be prosecuted or tried twice for the same acts
  and for the same criminal
  behaviour, is established as an individual right in international legal instruments concerning human rights, such as the Seventh Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms (Article 4) and the Charter of Fundamental Rights of the European Union (Article 50) and is recognised in all legal systems which are based on the concept of respect for and protection of fundamental freedoms. | (1) The principle of ’ne bis in idem’, or the prohibition of double jeopardy,
  according to which
  no-one should be prosecuted or tried twice for the same acts
  , facts or
  behaviour, is established as an individual right in international legal instruments concerning human rights, such as
  the International Covenant on Civil and Political Rights (Article 14(7)) of 19 December 1966,
  the Seventh Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms (Article 4) and the Charter of Fundamental Rights of the European Union (Article 50) and is recognised in all legal systems which are based on the concept of respect for and protection of fundamental freedoms.
  It is an essential bulwark against oppressive use of State powers over human beings.



  (The amendment (‘acts, facts, behaviour’) applies throughout the text.) |
| Amendment 2 |
| Recital 2a (new) |
| | (2a) This initiative is in line with the Treaty on European Union according to which the development of an area of freedom, security and justice is one of the main objectives of the EU (Article 2, indent 4) and common action on judicial cooperation in criminal matters shall include preventing conflicts of jurisdiction between Member States (Article 31). The Treaty furthermore affirms that the Union is founded on the respect for human rights and fundamental freedoms as principles common to the Member States (Article 6). |
| Amendment 3 |
| Recital 2b (new) |
| | (2b) The progressive harmonisation of criminal law at EU level, the adoption of Framework Decision 2002/584/JHA (2) and the implementation of the principle of mutual recognition of decisions in criminal matters make it urgently necessary to establish common minimum procedural guarantees in order to assure full respect of the right to a fair trial, as requested by the European Parliament in its resolution of 15 January 2003 on the situation concerning basic rights in the European Union (2001) (3) and by the Commission in its Green Paper on procedural safeguards for suspects and defendants in criminal proceedings throughout the European Union (4). This Framework Decision contributes to this goal. |
| Amendment 4 |
| Recital 5 |
| (5) The Communication from the Commission to the European Parliament and the Council of 26 July 2002 on the mutual recognition of final criminal judgments acknowledges the positive contribution of the application of the ‘ne bis in idem’ principle to the mutual recognition of judgments and the strengthening of legal certainty within the Union
  , which presupposes confidence in the fact that judgments recognised are always delivered in accordance with the principles of legality, subsidiarity and proportionality
  . | (5) The Communication from the Commission to the European Parliament and the Council of 26 July 2002 on the mutual recognition of final criminal judgments acknowledges the positive contribution of the application of the ‘ne bis in idem’ principle to the mutual recognition of judgments and the strengthening of legal certainty within the Union. |
| Amendment 5 |
| Recital 7 |
| (7) The application of the ‘ne bis in idem’ principle has thus far raised many serious questions as to the interpretation or acceptance of certain substantive provisions or more general rules (e.g. the concept of ‘idem’) because of the different provisions governing this principle in the various international legal instruments and the difference in practices in national law. The aim of this Framework Decision is to provide the Member States with common legal rules relating to the ‘ne bis in idem’ principle in order to ensure uniformity in both the interpretation of those rules and their practical implementation. | (7) The application of the ‘ne bis in idem’ principle has thus far raised many serious questions as to the interpretation or acceptance of certain substantive provisions or more general rules (e.g.
  problems of interpreting
  the concept of ‘idem’
  or ‘same’ in relation to, for example the ‘same charge’, the ‘same acts’, the ‘same facts’ or the ‘same behaviour’
  ) because of the different provisions governing this principle in the various international legal instruments and the difference in practices in national law. The aim of this Framework Decision is to provide the Member States with common legal rules relating to the ‘ne bis in idem’ principle in order to ensure uniformity in both the interpretation of those rules and their practical implementation. |
| Amendment 6 |
| Recital 7a (new) |
| | (7a) It seems appropriate for the EU to address also the issue of the application of the ne bis in idem principle to those proceedings involving the same acts, facts or behaviour and the same parties, which are considered by one Member State as a civil matter and by another Member State as a criminal matter. |
| Amendment 7 |
| Recital 7b (new) |
| | (7b) It seems appropriate to repeat, exceptionally and in particular at the request of the person sentenced, the procedure, as provided for in Article 4 of the Seventh Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, if there is proof of new facts or circumstances which emerged after the judgment and which could not reasonably have been discovered by the prosecuting authorities at the time of the trial or if there was a fundamental error in the previous procedure which could have affected the outcome of the proceedings, in accordance with the criminal law and the criminal procedure of the Member State of the proceedings, provided that, according to the law of that Member State, such a fresh procedure would be competent by way of a vertical application of ne bis in idem. Violation of the rights of the accused should in all cases be deemed a fundamental error in the previous procedure. |
| Amendment 8 |
| Article 1, point (a), indent 1 |
| — | acts which constitute crimes under the law of each Member State; |

TEXT PROPOSED BY THE HELLENIC REPUBLIC

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital 1

(1) The principle of ‘ne bis in idem’, or the prohibition of double jeopardy,
  i.e. that
  no-one should be prosecuted or tried twice for the same acts
  and for the same criminal
  behaviour, is established as an individual right in international legal instruments concerning human rights, such as the Seventh Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms (Article 4) and the Charter of Fundamental Rights of the European Union (Article 50) and is recognised in all legal systems which are based on the concept of respect for and protection of fundamental freedoms.

(1) The principle of ’ne bis in idem’, or the prohibition of double jeopardy,
  according to which
  no-one should be prosecuted or tried twice for the same acts
  , facts or
  behaviour, is established as an individual right in international legal instruments concerning human rights, such as
  the International Covenant on Civil and Political Rights (Article 14(7)) of 19 December 1966,
  the Seventh Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms (Article 4) and the Charter of Fundamental Rights of the European Union (Article 50) and is recognised in all legal systems which are based on the concept of respect for and protection of fundamental freedoms.
  It is an essential bulwark against oppressive use of State powers over human beings.

(The amendment (‘acts, facts, behaviour’) applies throughout the text.)

Amendment 2

Recital 2a (new)

(2a) This initiative is in line with the Treaty on European Union according to which the development of an area of freedom, security and justice is one of the main objectives of the EU (Article 2, indent 4) and common action on judicial cooperation in criminal matters shall include preventing conflicts of jurisdiction between Member States (Article 31). The Treaty furthermore affirms that the Union is founded on the respect for human rights and fundamental freedoms as principles common to the Member States (Article 6).

Amendment 3

Recital 2b (new)

(2b) The progressive harmonisation of criminal law at EU level, the adoption of Framework Decision 2002/584/JHA (2) and the implementation of the principle of mutual recognition of decisions in criminal matters make it urgently necessary to establish common minimum procedural guarantees in order to assure full respect of the right to a fair trial, as requested by the European Parliament in its resolution of 15 January 2003 on the situation concerning basic rights in the European Union (2001) (3) and by the Commission in its Green Paper on procedural safeguards for suspects and defendants in criminal proceedings throughout the European Union (4). This Framework Decision contributes to this goal.

Amendment 4

Recital 5

(5) The Communication from the Commission to the European Parliament and the Council of 26 July 2002 on the mutual recognition of final criminal judgments acknowledges the positive contribution of the application of the ‘ne bis in idem’ principle to the mutual recognition of judgments and the strengthening of legal certainty within the Union
  , which presupposes confidence in the fact that judgments recognised are always delivered in accordance with the principles of legality, subsidiarity and proportionality
  .

(5) The Communication from the Commission to the European Parliament and the Council of 26 July 2002 on the mutual recognition of final criminal judgments acknowledges the positive contribution of the application of the ‘ne bis in idem’ principle to the mutual recognition of judgments and the strengthening of legal certainty within the Union.

Amendment 5

Recital 7

(7) The application of the ‘ne bis in idem’ principle has thus far raised many serious questions as to the interpretation or acceptance of certain substantive provisions or more general rules (e.g. the concept of ‘idem’) because of the different provisions governing this principle in the various international legal instruments and the difference in practices in national law. The aim of this Framework Decision is to provide the Member States with common legal rules relating to the ‘ne bis in idem’ principle in order to ensure uniformity in both the interpretation of those rules and their practical implementation.

(7) The application of the ‘ne bis in idem’ principle has thus far raised many serious questions as to the interpretation or acceptance of certain substantive provisions or more general rules (e.g.
  problems of interpreting
  the concept of ‘idem’
  or ‘same’ in relation to, for example the ‘same charge’, the ‘same acts’, the ‘same facts’ or the ‘same behaviour’
  ) because of the different provisions governing this principle in the various international legal instruments and the difference in practices in national law. The aim of this Framework Decision is to provide the Member States with common legal rules relating to the ‘ne bis in idem’ principle in order to ensure uniformity in both the interpretation of those rules and their practical implementation.

Amendment 6

Recital 7a (new)

(7a) It seems appropriate for the EU to address also the issue of the application of the ne bis in idem principle to those proceedings involving the same acts, facts or behaviour and the same parties, which are considered by one Member State as a civil matter and by another Member State as a criminal matter.

Amendment 7

Recital 7b (new)

(7b) It seems appropriate to repeat, exceptionally and in particular at the request of the person sentenced, the procedure, as provided for in Article 4 of the Seventh Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, if there is proof of new facts or circumstances which emerged after the judgment and which could not reasonably have been discovered by the prosecuting authorities at the time of the trial or if there was a fundamental error in the previous procedure which could have affected the outcome of the proceedings, in accordance with the criminal law and the criminal procedure of the Member State of the proceedings, provided that, according to the law of that Member State, such a fresh procedure would be competent by way of a vertical application of ne bis in idem. Violation of the rights of the accused should in all cases be deemed a fundamental error in the previous procedure.

Amendment 8

Article 1, point (a), indent 1

—

acts which constitute crimes under the law of each Member State;

| — | acts
  , facts or behaviour
  which constitute crimes under the law of each Member State; |
| --- | --- |

—

acts
  , facts or behaviour
  which constitute crimes under the law of each Member State;

Amendment 9

Article 1, point (b)

| (b) | ‘judgment’ shall mean any final judgment delivered by a
  criminal
  court in a Member State as the outcome of criminal proceedings, convicting or acquitting the defendant or definitively terminating the prosecution, in accordance with the national law of each Member State,
  and also
  any extrajudicial mediated settlement in a criminal matter; any decision which has the status of res judicata under national law
  shall be considered a final judgment; |
| --- | --- |

(b)

‘judgment’ shall mean any final judgment delivered by a
  criminal
  court in a Member State as the outcome of criminal proceedings, convicting or acquitting the defendant or definitively terminating the prosecution, in accordance with the national law of each Member State,
  and also
  any extrajudicial mediated settlement in a criminal matter; any decision which has the status of res judicata under national law
  shall be considered a final judgment;

| (b) | ‘judgment’ shall mean:






  — | any final judgment
  or non-appealable decision
  delivered by a court in a Member State as the outcome of criminal proceedings, convicting or acquitting the defendant or definitively terminating the prosecution, in accordance with the national law of each Member State, |
| --- | --- | --- |

(b)

‘judgment’ shall mean:

—

any final judgment
  or non-appealable decision
  delivered by a court in a Member State as the outcome of criminal proceedings, convicting or acquitting the defendant or definitively terminating the prosecution, in accordance with the national law of each Member State,

| — | any extrajudicial mediated settlement in a criminal matter; |
| --- | --- |

—

any extrajudicial mediated settlement in a criminal matter;

| — | any decision,
  whether issued by a court or not,
  which has the status of res judicata under national law; |
| --- | --- |

—

any decision,
  whether issued by a court or not,
  which has the status of res judicata under national law;

Amendment 10

Article 1, point (ca) (new)

(ca) ‘Forum Member State’ shall mean any Member State in which a relevant case is pending before a court;

Amendment 11

Article 1, point (e)

(e) ‘idem’ shall mean a second criminal
  offence
  arising solely from the same, or substantially the same, facts, irrespective of
  its
  legal character.

(e) ‘idem’ shall mean a
  possible
  second criminal
  charge or indictment
  arising solely from the same, or substantially the same,
  acts,
  facts
  or behaviour
  , irrespective of
  the
  legal character
  of the offence charged
  .

Amendment 12

Article 2, paragraph 1

1. Whoever, as a result of
  committing
  a criminal offence, has been prosecuted and finally judged in a Member State in accordance with the criminal law and the criminal procedure of that State cannot be prosecuted for the same acts in another Member State if he has already been acquitted or, if convicted, the sentence
  has been served or is being served
  or
  can no longer be enforced
  , in accordance with the law of the Member State of the proceedings.

1. Whoever, as a result of
  an allegation that he has committed
  a criminal offence, has been prosecuted and finally judged in a Member State in accordance with the criminal law and the criminal procedure of that State cannot be prosecuted for the same acts
  , facts or behaviour
  in another Member State if he has already been acquitted or, if convicted,
  has served or is serving
  the sentence,
  is fulfilling or has fulfilled the conditions imposed by the sentence
  , or
  if the sentence has become unenforceable
  , in accordance with the law of the Member State of the proceedings.

Amendment 13

Article 2, paragraph 2

2. The procedure may be repeated if there is proof of new facts or circumstancess which emerged after the judgment or if there was a fundamental error in the previous procedure which could have affected the outcome of the proceedings, in accordance with the criminal law and the criminal procedure of the Member State of the proceedings.

2.
  Exceptionally
  , the procedure may be repeated if there is proof of new facts or circumstances which emerged after the judgment
  and which could not reasonably have been discovered by the prosecuting authorities at the time of the trial
  or if there was a fundamental error in the previous procedure which could have affected the outcome of the proceedings, in accordance with the criminal law and the criminal procedure of the Member State of the proceedings,
  provided that, according to the law of the Member State of proceedings, such a fresh procedure would be competent by way of a vertical application of ne bis in idem
  .

Amendment 14

Article 3, point (a)

| (a) | Preference is given to the forum Member State
  which will better guarantee the proper administration of justice,
  taking account of the following criteria:






  i) | the Member State on whose territory the offence has been committed, |
| --- | --- | --- |

(a)

Preference is given to the forum Member State
  which will better guarantee the proper administration of justice,
  taking account of the following criteria:

i)

the Member State on whose territory the offence has been committed,

| ii) | the Member State of which the perpetrator is a national or resident, |
| --- | --- |

ii)

the Member State of which the perpetrator is a national or resident,

| iii) | the Member State of origin of the victims, |
| --- | --- |

iii)

the Member State of origin of the victims,

| iv) | the Member State in which the perpetrator was found. |
| --- | --- |

iv)

the Member State in which the perpetrator was found.

| (a) | Preference is given to the forum Member State taking account of the following criteria
  in the order in which they appear
  :






  i) | the Member State on whose territory the offence has been committed, |
| --- | --- | --- |

(a)

Preference is given to the forum Member State taking account of the following criteria
  in the order in which they appear
  :

i)

the Member State on whose territory the offence has been committed,

| ii) | the Member State of which the perpetrator is a national or resident, |
| --- | --- |

ii)

the Member State of which the perpetrator is a national or resident,

| iii) | the Member State of origin of the victims, |
| --- | --- |

iii)

the Member State of origin of the victims,

| iv) | the Member State in which the perpetrator was found. |
| --- | --- |

iv)

the Member State in which the perpetrator was found.

Until determination of the Member State to be given preference, all proceedings shall be suspended.

Amendment 15

Article 3 point (b)

| (b) | Where a number of Member States have jurisdiction and the possibility of bringing a criminal prosecution in respect of a criminal offence based on the same
  actual events
  , the competent authorities of each of those States
  may
  , after consultation taking account of the criteria mentioned in paragraph (a), choose the forum Member State to be given preference. |
| --- | --- |

(b)

Where a number of Member States have jurisdiction and the possibility of bringing a criminal prosecution in respect of a criminal offence based on the same
  actual events
  , the competent authorities of each of those States
  may
  , after consultation taking account of the criteria mentioned in paragraph (a), choose the forum Member State to be given preference.

| (b) | Where a number of Member States have jurisdiction and the possibility of bringing a criminal prosecution in respect of a criminal offence based on the same
  acts, facts or behaviour
  , the competent authorities of each of those States
  shall
  , after consultation taking account of the criteria mentioned in point (a), choose the forum Member State to be given preference. |
| --- | --- |

(b)

Where a number of Member States have jurisdiction and the possibility of bringing a criminal prosecution in respect of a criminal offence based on the same
  acts, facts or behaviour
  , the competent authorities of each of those States
  shall
  , after consultation taking account of the criteria mentioned in point (a), choose the forum Member State to be given preference.

Amendment 16

Article 3, point (ca) (new)

(ca) If other judgments concerning the same criminal acts are issued in violation of the ‘ne bis in idem’ principle in other Member States, the ‘favor rei’ principle shall apply.

Amendment 17

Article 4

Article 4

Exceptions

1. A Member State may make a declaration informing the General Secretariat of the Council and the Commission that it is not bound by Article 2(1) and (2) if the acts to which the foreign judgment relates constitute offences against the security or other equally essential interests of that Member State or were committed by a civil servant of the Member State in breach of his official duties.

2. A Member State which makes a declaration pursuant to paragraph 1 shall specify the categories of offence to which the exception may apply.

3. A Member State may at any time revoke the declaration concerning the exceptions set out in paragraph 1. Such revocation shall be notified to the General Secretariat of the Council and to the Commission and will take effect from the first day of the month following the date of notification.

4. An exception which may be the subject of a declaration pursuant to paragraph 1 will not be applied if the Member State concerned has asked for the same offences to be prosecuted by the other Member State or has ordered the extradition of the person involved.

Deleted

Amendment 18

Article 5

Article 5

Accounting principle

If a new prosecution is brought in a Member State against a person who has been definitively convicted for the same offences in another Member State the period of deprivation of freedom or fine handed down by that State in respect of those offences shall be deducted from the sentence which he would probably receive. As far as allowed by national law, any penalties other than deprivation of freedom which have been imposed, or penalties imposed in the framework of administrative procedures, shall also be included.

Deleted

Amendment 19

Article 6, title and paragraph 1

Exchange of information between competent authorities

Cooperation and
  exchange of informations between
  Member State
  competent authorities

1. If a prosecution has been brought against a person in a Member State and
  the competent authorities of the latter have
  reasons to believe that the charge concerns the same acts for which he has been definitively convicted in another Member State,
  those
  authorities shall request the relevant information from the competent authorities of the Member State of the proceedings.

1. If a prosecution has been brought against a person in a Member State and
  there are
  reasons to believe that the charge concerns the same acts
  , facts or behaviour
  for which he has been definitively convicted in another Member State,
  the competent
  authorities
  of the latter
  shall
  , in particular at the request of the person concerned or of the defence,
  request the relevant information from the competent authorities of the Member State of the proceedings.

Amendment 20

Article 6, paragraph 3

3. Each Member State shall make a declaration to the General Secretariat of the Council and to the Commission indicating the authorities which
  are authorised to request and receive the information
  referred to in paragraph 1.

3. Each Member State shall make a declaration to the General Secretariat of the Council and to the Commission indicating the authorities which
  must comply with the tasks
  referred to in paragraph 1
  and in Article 3
  .

Amendment 21

Article 6, paragraph 3a (new)

3a. The provisions of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (5) shall apply to data exchanged pursuant to this Framework Decision, until the adoption of a further framework decision establishing a high level of protection for data protection applicable whenever Member States implement the Union's acts relating to policing and criminal law.

Amendment 22

Article 8, paragraph 3

3. On the basis of this information the Commission shall submit before ... a report to the European Parliament and the Council on
  the
  application
  of this Framework Decision
  , accompanied where necessary by legislative proposals.

3. On the basis of this information the Commission shall submit before ... (6) a report to the European Parliament and the Council on
  its
  application, accompanied where necessary by legislative proposals.

Amendment 23

Article 9 a (new)

Article 9a

Provisions relating to the Schengen Acquis

Articles 1, 2, 4, 5, 6, 7, 8, 9 and 10 constitute measures amending or building upon the provisions referred to in Annex A to the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen Acquis. (7)

---

(1)  OJ C 100, 26.4.2003, p. 24.

(2)  
  Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).

(3)  
  P5_TA(2003)0012.

(4)  
  COM(2003) 75)

(5)  

  OJ L 281, 23.11.1995, p. 31.

(6)  
  Three years after the date of entry into force of this Framework Decision.

(7)  

  OJ L 176, 10.7.1999, p. 36.

P5_TA(2003)0355

European Contract Law

European Parliament resolution on the Communication from the Commission to the European Parliament and the Council — A more coherent European contract law — An action plan (COM(2003) 68 — 2003/2093(INI))

The European Parliament,

| — | having regard to the Communication from the Commission to the European Parliament and the Council (COM(2003) 68 — C5-0210/2003), |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament and the Council (COM(2003) 68 — C5-0210/2003),

| — | having regard to its resolution of 26 May 1989 on action to bring into line the private law of the Member States (1), |
| --- | --- |

—

having regard to its resolution of 26 May 1989 on action to bring into line the private law of the Member States (1),

| — | having regard to its resolution of 6 May 1994 on the harmonisation of certain sectors of the private law of the Member States (2), |
| --- | --- |

—

having regard to its resolution of 6 May 1994 on the harmonisation of certain sectors of the private law of the Member States (2),

| — | having regard to its resolution of 15 November 2001 on the approximation of the civil and commercial law of the Member States (3), |
| --- | --- |

—

having regard to its resolution of 15 November 2001 on the approximation of the civil and commercial law of the Member States (3),

| — | having regard to the conclusions of the Tampere European Council (15-16 October 1999), and in particular conclusion 39 thereof, |
| --- | --- |

—

having regard to the conclusions of the Tampere European Council (15-16 October 1999), and in particular conclusion 39 thereof,

| — | having regard to the Council report of 16 November 2001 (No 13017/01) on the need to approximate Member States' legislation in civil matters, |
| --- | --- |

—

having regard to the Council report of 16 November 2001 (No 13017/01) on the need to approximate Member States' legislation in civil matters,

| — | having regard to the working document of its Directorate-General for Research entitled ‘The private law systems in the EU: discrimination on grounds of nationality and the need for a European Civil Code’, |
| --- | --- |

—

having regard to the working document of its Directorate-General for Research entitled ‘The private law systems in the EU: discrimination on grounds of nationality and the need for a European Civil Code’,

| — | having regard to Rule 47(2) and Rule 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 47(2) and Rule 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0256/2003), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0256/2003),

| A. | whereas the diversity of rules between the Member States hampers the proper operation of the internal market, |
| --- | --- |

A.

whereas the diversity of rules between the Member States hampers the proper operation of the internal market,

| B. | whereas only concrete measures organised in accordance with a detailed timetable, with consistent use of a common terminology, can lead to a coherent system of European contract law, |
| --- | --- |

B.

whereas only concrete measures organised in accordance with a detailed timetable, with consistent use of a common terminology, can lead to a coherent system of European contract law,

The Commission's action plan

| 1. | Welcomes the fact that, in its ‘common frame of reference’ (paragraph 59 et seq.), the Action Plan initiates a common terminology for particular fundamental concepts and typical problems; |
| --- | --- |

1.

Welcomes the fact that, in its ‘common frame of reference’ (paragraph 59 et seq.), the Action Plan initiates a common terminology for particular fundamental concepts and typical problems;

| 2. | Notes, however, that the Commission has failed to agree on a concrete catalogue of measures accompanied by a detailed timetable for the next few years; |
| --- | --- |

2.

Notes, however, that the Commission has failed to agree on a concrete catalogue of measures accompanied by a detailed timetable for the next few years;

| 3. | Calls on the Commission to encourage the development of the ‘common frame of reference’ as a priority and to tighten up the provisional timetable to 2008-9, so as not to delay the next steps towards its goal; |
| --- | --- |

3.

Calls on the Commission to encourage the development of the ‘common frame of reference’ as a priority and to tighten up the provisional timetable to 2008-9, so as not to delay the next steps towards its goal;

| 4. | Reiterates its call to be kept regularly informed by the Commission on progress made in working out the ‘common frame of reference’; |
| --- | --- |

4.

Reiterates its call to be kept regularly informed by the Commission on progress made in working out the ‘common frame of reference’;

| 5. | Intends to hold a conference and hearing in early 2004 together with the Commission; |
| --- | --- |

5.

Intends to hold a conference and hearing in early 2004 together with the Commission;

| 6. | Calls for a dialogue between the institutions to take place under each successive Council presidency, while continuing the political consultation process; |
| --- | --- |

6.

Calls for a dialogue between the institutions to take place under each successive Council presidency, while continuing the political consultation process;

| 7. | Regrets that the Commission did not act on Parliament's call to set up, by 2004, a data bank of national legal provisions and case law in the field of contract law, and reiterates that such a data bank is necessary in order to begin work on the ‘common frame of reference’ — the launching of a website (paragraph 87) is at any rate not the proper tool for this job; |
| --- | --- |

7.

Regrets that the Commission did not act on Parliament's call to set up, by 2004, a data bank of national legal provisions and case law in the field of contract law, and reiterates that such a data bank is necessary in order to begin work on the ‘common frame of reference’ — the launching of a website (paragraph 87) is at any rate not the proper tool for this job;

| 8. | Calls for users of the law such as judges, lawyers, notaries, undertakings and consumers to be involved in the process of elaborating the ‘common frame of reference’, and notes that the Commission has not hitherto taken much notice of such groups; |
| --- | --- |

8.

Calls for users of the law such as judges, lawyers, notaries, undertakings and consumers to be involved in the process of elaborating the ‘common frame of reference’, and notes that the Commission has not hitherto taken much notice of such groups;

| 9. | Notes that the Commission's earlier efforts to consult civil society, in particular the users of law and interested sectors, have been inadequate, particularly since the contributions submitted in the context of this consultation are not representative of all Member States; |
| --- | --- |

9.

Notes that the Commission's earlier efforts to consult civil society, in particular the users of law and interested sectors, have been inadequate, particularly since the contributions submitted in the context of this consultation are not representative of all Member States;

| 10. | Regrets that the development of e-commerce has not been sufficiently reflected in the Action Plan, even though studies in this area prove the need for a coherent European law on contract; |
| --- | --- |

10.

Regrets that the development of e-commerce has not been sufficiently reflected in the Action Plan, even though studies in this area prove the need for a coherent European law on contract;

| 11. | Regrets the lack of early action to produce optional instruments in certain sectors, such as consumer transactions and insurance, where substantial benefits could accrue both to assist the good functioning of the internal market and to increase intra-Community transactions and trade, and believes that early work in these areas would help to inform and develop the whole Action Plan process; |
| --- | --- |

11.

Regrets the lack of early action to produce optional instruments in certain sectors, such as consumer transactions and insurance, where substantial benefits could accrue both to assist the good functioning of the internal market and to increase intra-Community transactions and trade, and believes that early work in these areas would help to inform and develop the whole Action Plan process;

| 12. | Consequently, calls on the Commission to complete the ‘common frame of reference’ by the end of 2006 and then speedily to begin to introduce it; |
| --- | --- |

12.

Consequently, calls on the Commission to complete the ‘common frame of reference’ by the end of 2006 and then speedily to begin to introduce it;

Next steps to be taken

| 13. | Notes that one effective way of awakening the interest of the users of law — such as judges, lawyers, notaries, undertakings and consumers — in the ‘common frame of reference’, would be to make it available to them in a developed form as a body of standard contract terms; |
| --- | --- |

13.

Notes that one effective way of awakening the interest of the users of law — such as judges, lawyers, notaries, undertakings and consumers — in the ‘common frame of reference’, would be to make it available to them in a developed form as a body of standard contract terms;

| 14. | Considers that, in order to facilitate cross-border trade within the internal market, it should be an early priority to proceed with the establishment of an optional instrument in certain sectors, particularly those of consumer contracts and insurance contracts, and therefore calls on the Commission as a matter of priority, whilst having regard to a high level of consumer protection and the integration of the appropriate mandatory provisions, to produce an opt-in instrument in the areas of consumer contracts and contracts of insurance; |
| --- | --- |

14.

Considers that, in order to facilitate cross-border trade within the internal market, it should be an early priority to proceed with the establishment of an optional instrument in certain sectors, particularly those of consumer contracts and insurance contracts, and therefore calls on the Commission as a matter of priority, whilst having regard to a high level of consumer protection and the integration of the appropriate mandatory provisions, to produce an opt-in instrument in the areas of consumer contracts and contracts of insurance;

| 15. | Calls, therefore, for the elaboration of a body of rules based on the ‘common frame of reference’, to be offered to the contracting parties as an ‘opt-in/opt-out’ solution; considers, in other words, that the parties should initially have the option of using it voluntarily, and that it could later become binding; |
| --- | --- |

15.

Calls, therefore, for the elaboration of a body of rules based on the ‘common frame of reference’, to be offered to the contracting parties as an ‘opt-in/opt-out’ solution; considers, in other words, that the parties should initially have the option of using it voluntarily, and that it could later become binding;

| 16. | Further calls for the practical application of the ‘common frame of reference’ in conciliation proceedings, i.e. either through the existing ‘European Extra-Judicial Network’ or through a new European conciliation system in which only the ‘common frame of reference’ would be used; |
| --- | --- |

16.

Further calls for the practical application of the ‘common frame of reference’ in conciliation proceedings, i.e. either through the existing ‘European Extra-Judicial Network’ or through a new European conciliation system in which only the ‘common frame of reference’ would be used;

| 17. | Therefore calls once again on the Commission, in cooperation with the European Union's Official Publications Office in Luxembourg, to have the ‘common frame of reference’ published as soon as possible in an appropriate form, i.e. in bound paper form and in all Community languages; |
| --- | --- |

17.

Therefore calls once again on the Commission, in cooperation with the European Union's Official Publications Office in Luxembourg, to have the ‘common frame of reference’ published as soon as possible in an appropriate form, i.e. in bound paper form and in all Community languages;

| 18. | Welcomes the fact that the Commission has announced its wish to increase the coherence of EU consumer law (paragraphs 73 and 74); |
| --- | --- |

18.

Welcomes the fact that the Commission has announced its wish to increase the coherence of EU consumer law (paragraphs 73 and 74);

*

- *

| 19. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

19.

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

---

(1)  OJ C 158, 26.6.1989, p. 400.

(2)  OJ C 205, 25.7.1994, p. 518.

(3)  OJ C 140 E, 13.6.2002, p. 538.

P5_TA(2003)0356

Air service agreements between Member States and third countries ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on the negotiation and implementation of air service agreements between Member States and third countries (COM(2003) 94 — C5-0065/2003 — 2003/0044(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 94) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 94) (1),

| — | having regard to Article 251(2) of the EC Treaty and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0065/2003), |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0065/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinion of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0263/2003), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinion of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0263/2003),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P5_TC1-COD(2003)0044

Position of the European Parliament adopted at first reading on 2 September 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No.../2003 on the negotiation and implementation of air service agreements between Member States and third countries

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

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

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

Having regard to the opinion of the Committee of the Regions (1),

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

Whereas:

| (1) | International aviation relations between Member States and third countries have been traditionally governed by bilateral air service agreements between Member States and third countries, their annexes and other bilateral and multilateral arrangements. |
| --- | --- |

(1)

International aviation relations between Member States and third countries have been traditionally governed by bilateral air service agreements between Member States and third countries, their annexes and other bilateral and multilateral arrangements.

| (2) | Following the judgment of the Court of Justice of the European Communities in cases C-466/98, C-467/98, C-468/98, C-469/98, C-471/98, C-472/98, C-475/98 and C-476/98, the Community is exclusively competent to negotiate, sign and conclude various aspects of such agreements. |
| --- | --- |

(2)

Following the judgment of the Court of Justice of the European Communities in cases C-466/98, C-467/98, C-468/98, C-469/98, C-471/98, C-472/98, C-475/98 and C-476/98, the Community is exclusively competent to negotiate, sign and conclude various aspects of such agreements.

| (3) | The Court has also clarified the right of Community air carriers to benefit from the right of establishment within the Community, including their right to non-discriminatory market access to routes between all Member States and third countries. |
| --- | --- |

(3)

The Court has also clarified the right of Community air carriers to benefit from the right of establishment within the Community, including their right to non-discriminatory market access to routes between all Member States and third countries.

| (4) | Where it is apparent that the subject-matter of an agreement or convention falls partly within the competence of the Community and partly within that of its Member States, it is essential to ensure close cooperation between the Member States and the Community institutions, both in the process of negotiation and conclusion and in the fulfilment of the commitments entered into. That obligation to cooperate flows from the requirement of unity in the international representation of the Community. The Community institutions and the Member States should take all necessary steps to ensure the best possible cooperation in that regard. |
| --- | --- |

(4)

Where it is apparent that the subject-matter of an agreement or convention falls partly within the competence of the Community and partly within that of its Member States, it is essential to ensure close cooperation between the Member States and the Community institutions, both in the process of negotiation and conclusion and in the fulfilment of the commitments entered into. That obligation to cooperate flows from the requirement of unity in the international representation of the Community. The Community institutions and the Member States should take all necessary steps to ensure the best possible cooperation in that regard.

| (5) | All existing bilateral agreements between Member States and third countries that contain provisions contrary to Community law must be
  amended or
  replaced by
  new
  agreements that are wholly compatible with Community
  law
  . |
| --- | --- |

(5)

All existing bilateral agreements between Member States and third countries that contain provisions contrary to Community law must be
  amended or
  replaced by
  new
  agreements that are wholly compatible with Community
  law
  .

| (6) | Without
  prejudice to the provisions of the Treaty, and in particular Article 300 thereof, Member States may make amendments to existing agreements and make provision to manage their implementation until such time as an agreement concluded by the Community enters into force. |
| --- | --- |

(6)

Without
  prejudice to the provisions of the Treaty, and in particular Article 300 thereof, Member States may make amendments to existing agreements and make provision to manage their implementation until such time as an agreement concluded by the Community enters into force.

| (7) | It is essential to ensure that a Member State conducting negotiations takes account of Community law, broader Community interests and any ongoing Community
  negotiations
  . |
| --- | --- |

(7)

It is essential to ensure that a Member State conducting negotiations takes account of Community law, broader Community interests and any ongoing Community
  negotiations
  .

| (8) | If Member States wish to involve air carriers in the process of negotiation, all air carriers with an establishment in the territory of the Member State concerned
  and air carriers which are or might be affected in the foreseeable future on account of their route network
  should be treated equally. |
| --- | --- |

(8)

If Member States wish to involve air carriers in the process of negotiation, all air carriers with an establishment in the territory of the Member State concerned
  and air carriers which are or might be affected in the foreseeable future on account of their route network
  should be treated equally.

| (9) | In order to ensure that the rights of Community carriers are not unduly restricted, no new clauses that prevent more than one Community carrier from entering a given market or that place severe limitations on frequency or capacity or service should be introduced in bilateral air service agreements. |
| --- | --- |

(9)

In order to ensure that the rights of Community carriers are not unduly restricted, no new clauses that prevent more than one Community carrier from entering a given market or that place severe limitations on frequency or capacity or service should be introduced in bilateral air service agreements.

| (10) | Member States should establish non-discriminatory and transparent procedures for the distribution of traffic rights between Community carriers. In some circumstances, traffic rights granted under an agreement may be sufficient to allow all Community carriers who wish to provide service to enter the market. |
| --- | --- |

(10)

Member States should establish non-discriminatory and transparent procedures for the distribution of traffic rights between Community carriers. In some circumstances, traffic rights granted under an agreement may be sufficient to allow all Community carriers who wish to provide service to enter the market.

| (11) | In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (3), measures for the implementation of this Regulation should be adopted by use of the
  regulatory
  procedure provided for in
  Article 5
  of that Decision. |
| --- | --- |

(11)

In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (3), measures for the implementation of this Regulation should be adopted by use of the
  regulatory
  procedure provided for in
  Article 5
  of that Decision.

| (12) | Since the objectives of the proposed action, namely the coordination of negotiations with third countries with a view to concluding air service agreements, the necessity to guarantee a
  collaborative
  approach in the implementation and application of the agreements and the verification of compliance with Community law of such agreements, cannot
  always
  be sufficiently achieved by the Member States and can therefore, by the reason of the Community-wide scope of this Regulation, be better achieved at Community level, the Community may
  , in principle,
  adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the
  Treaty
  . |
| --- | --- |

(12)

Since the objectives of the proposed action, namely the coordination of negotiations with third countries with a view to concluding air service agreements, the necessity to guarantee a
  collaborative
  approach in the implementation and application of the agreements and the verification of compliance with Community law of such agreements, cannot
  always
  be sufficiently achieved by the Member States and can therefore, by the reason of the Community-wide scope of this Regulation, be better achieved at Community level, the Community may
  , in principle,
  adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the
  Treaty
  .

| (13) | However, in accordance with the principle of proportionality, as also set out in Article 5 of the Treaty, no further notification or authorisation requirements should be introduced if they unduly restrict Member States in their scope for action and go beyond the general provisions already laid down by law. |
| --- | --- |

(13)

However, in accordance with the principle of proportionality, as also set out in Article 5 of the Treaty, no further notification or authorisation requirements should be introduced if they unduly restrict Member States in their scope for action and go beyond the general provisions already laid down by law.

| (14) | To enable a coordinated, focused approach to be adopted to the negotiation of Community air service agreements with third countries, a three-stage plan should be laid down. In the first stage the Commission should negotiate a Community agreement on an open aviation area with the United States. Community air service agreements should thereafter be negotiated and concluded with third countries which likewise have or are seeking to achieve a liberalised air transport market. At the third stage it should be determined in each individual case whether a Community agreement with a third country would constitute added value for the Member States. |
| --- | --- |

(14)

To enable a coordinated, focused approach to be adopted to the negotiation of Community air service agreements with third countries, a three-stage plan should be laid down. In the first stage the Commission should negotiate a Community agreement on an open aviation area with the United States. Community air service agreements should thereafter be negotiated and concluded with third countries which likewise have or are seeking to achieve a liberalised air transport market. At the third stage it should be determined in each individual case whether a Community agreement with a third country would constitute added value for the Member States.

| (15) | Negotiations relating to the conclusion of a Community agreement on an open aviation area with the United States should address the implementation of the ‘polluter pays’ principle, as laid down in Article 174(2) of the Treaty. |
| --- | --- |

(15)

Negotiations relating to the conclusion of a Community agreement on an open aviation area with the United States should address the implementation of the ‘polluter pays’ principle, as laid down in Article 174(2) of the Treaty.

| (16) | Negotiations on a Community agreement on an open aviation area with the United States should also ensure the elimination of direct or indirect subsidies to United States air carriers, which distort the market to the detriment of Community carriers, |
| --- | --- |

(16)

Negotiations on a Community agreement on an open aviation area with the United States should also ensure the elimination of direct or indirect subsidies to United States air carriers, which distort the market to the detriment of Community carriers,

HAVE ADOPTED THIS REGULATION:

Article 1

Notification to the Commission

1.   In the absence of
  official
  Community negotiations with a third country, or where a Community agreement exists, but
  does not address all the issues
  , a Member State may, without prejudice to the respective competences of the Community and its Member States, enter into negotiations with that country concerning a new agreement or the modification or application of an existing
  aviation
  agreement, its annexes or any other related bilateral or multilateral arrangement.
  Not later than one calendar month before they begin, the Commission shall inform Member States that official negotiations are to be opened.

2.   
  Where a Member State acts pursuant to paragraph 1, it shall inform the Commission in writing, forward a copy of the agreement concerned and indicate
  the provisions to be addressed in the negotiations, the objectives of the negotiations, and any other relevant information.
  In principle, the notification should be sent one calendar month before contact is established with the third country concerned.

3.   The
  Commission may
  make comments to the Member State which has notified its intentions in accordance with
  paragraph 2
  .

4.   
  Upon conclusion of the negotiations, the Member State concerned shall notify the Commission of the draft agreement and any other relevant documentation.

Article 2

Consultation of stakeholders and participation in negotiations

In so far as air carriers
  or other stakeholders
  are to be involved in the negotiations referred to in Article 1, Member States shall treat equally all Community carriers with an establishment on their respective territories to which the Treaty applies
  and which hold a valid operating licence issued by the authorities of the Member State concerned and, on account of their route network, are affected or might be affected by the negotiations
  .
  An ‘establishment’ shall mean a subsidiary, branch, or agency on the territory of a Member State which is not owned by that State or by a national of that State.

Article 3

Prohibition to introduce more restrictive arrangements

Member States shall not enter into any
  new agreements
  that
  limit
  the
  number of designated air carriers by comparison with existing agreements. This provision shall apply both
  in respect of the entire air transport market between
  any
  two parties
  andin respect
  of specific city pairs.

Article 4

Conclusion of agreements

1.   Following the notification under Article 1(4) the Commission shall examine whether the draft agreement is compatible with Community law and the objectives of the Community in this field. If the Commission intends to object to the conclusion of the agreement, it shall take a decision to this effect in accordance with the regulatory procedure laid down in Article 5 of Decision 1999/468/EC, having regard to Article 7 and Article 8 thereof.

2.   The Commission shall be assisted by the Committee established under Article 11 of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes
   (4).

Article 5

Distribution of traffic rights

Where a Member State concludes an agreement or amendments to an agreement or its annexes that provide for limitations on the number of traffic rights or the number of Community carriers eligible to be designated to take advantage of traffic rights, that Member State shall ensure a distribution of traffic rights among eligible Community carriers on the basis of a non-discriminatory and transparent procedure.

Article 6

Notification of Procedures

The details of the procedures that Member States apply for the purposes of Articles 2 and 5 shall be notified to the Commission. Any subsequent changes to such procedures shall be notified to the Commission at least 6 weeks before they enter into force. All such notifications shall be published in the Official Journal of the European Union.

Article 7

Confidentiality

The
  Commission
  shall ensure that information supplied by Member States on
  negotiations and their outcome as provided for in
  Article 1 is treated as
  confidential.
  Should
  the Commission
  wish for legitimate reasons to depart from such treatment, the consent of the Member States must be obtained in advance
  .

Article 8

Entry into force

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

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

Done at

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  Position of the European Parliament of 2 September 2003.

2

Position of the European Parliament of 2 September 2003.

(3)  
  OJ L 184, 17.7.1999, p. 23
  .

3

OJ L 184, 17.7.1999, p. 23

(4)  
  OJ L 240, 24.8.1992, p. 8
  .

4

OJ L 240, 24.8.1992, p. 8

P5_TA(2003)0357

EC-China maritime transport agreement *

European Parliament legislative resolution on the proposal for a Council decision concluding an agreement on maritime transport between the European Community and the People's Republic of China (6049/1/2003 — COM(2002) 97 — C5-0062/2003 — 2002/0048(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2002) 97) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2002) 97) (1),

| — | having regard to the draft agreement on maritime transport between the European Community and the People's Republic of China (6049/1/2003), |
| --- | --- |

—

having regard to the draft agreement on maritime transport between the European Community and the People's Republic of China (6049/1/2003),

| — | having regard to Articles 80(2) and 300(2), first subparagraph of the EC Treaty, |
| --- | --- |

—

having regard to Articles 80(2) 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 (C5-0062/2003), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0062/2003),

| — | 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 Regional Policy, Transport and Tourism (A5-0254/2003), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0254/2003),

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

1.

Approves conclusion of the agreement;

| 2. | Requests that concerns regarding the recognition of third country flags within the scope of this agreement be evaluated in subsequent renewals. |
| --- | --- |

2.

Requests that concerns regarding the recognition of third country flags within the scope of this agreement be evaluated in subsequent renewals.

| 3. | Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the People's Republic of China. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the People's Republic of China.

---

(1)  OJ C 181 E, 30.7.2002, p. 176.

P5_TA(2003)0358

The adequacy of banks' own funds (Basel II)

European Parliament resolution on the adequacy of banks' own funds (Basel II) (2001/2257(INI))

The European Parliament,

| — | having regard to the third consultative paper of the Basel Committee on Banking Supervision on a new Basel capital accord (1), |
| --- | --- |

—

having regard to the third consultative paper of the Basel Committee on Banking Supervision on a new Basel capital accord (1),

| — | having regard to the Basel Committee's Third Quantitative Impact Study (QIS 3) (2), |
| --- | --- |

—

having regard to the Basel Committee's Third Quantitative Impact Study (QIS 3) (2),

| — | having regard to the Commission services' third consultation paper on capital requirements for credit institutions and investment firms (3), |
| --- | --- |

—

having regard to the Commission services' third consultation paper on capital requirements for credit institutions and investment firms (3),

| — | having regard to the hearing of experts from the Financial Services Panel by its Committee on Economic and Monetary Affairs on 18 September 2002, |
| --- | --- |

—

having regard to the hearing of experts from the Financial Services Panel by its Committee on Economic and Monetary Affairs on 18 September 2002,

| — | having regard to the hearing of representatives of the banking sector, associations of undertakings and the national regulatory authorities on 19 February 2003, |
| --- | --- |

—

having regard to the hearing of representatives of the banking sector, associations of undertakings and the national regulatory authorities on 19 February 2003,

| — | 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 Economic and Monetary Affairs (A5-0258/2003), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A5-0258/2003),

| A. | whereas the need to revise the current rules on capital adequacy is widely recognised and advocated, as they no longer adequately reflect the actual risk profile of numerous banking operations and so raise the prospect of distortions, inaccurate assessments and hidden risks induced by the regulatory framework itself, |
| --- | --- |

A.

whereas the need to revise the current rules on capital adequacy is widely recognised and advocated, as they no longer adequately reflect the actual risk profile of numerous banking operations and so raise the prospect of distortions, inaccurate assessments and hidden risks induced by the regulatory framework itself,

| B. | whereas the danger of procyclicality is inherent in the increased risk-sensitivity to which the new approach aspires, because credit risks typically increase at times of economic downturn and the new regime could result in banks further restricting their loan exposure in such situations, thus exacerbating the recession, |
| --- | --- |

B.

whereas the danger of procyclicality is inherent in the increased risk-sensitivity to which the new approach aspires, because credit risks typically increase at times of economic downturn and the new regime could result in banks further restricting their loan exposure in such situations, thus exacerbating the recession,

| C. | whereas many improvements in relation to the financing of small and medium-sized enterprises (SMEs) were secured in the course of the negotiations, but the prospect of a deterioration in financing terms still cannot be ruled out, particularly as to date no adequate study of the potential impact of the new rules on the SME sector has been carried out, |
| --- | --- |

C.

whereas many improvements in relation to the financing of small and medium-sized enterprises (SMEs) were secured in the course of the negotiations, but the prospect of a deterioration in financing terms still cannot be ruled out, particularly as to date no adequate study of the potential impact of the new rules on the SME sector has been carried out,

| D. | whereas, because of the national tax legislation applicable to partnerships, many SMEs often have only very modest own funds, |
| --- | --- |

D.

whereas, because of the national tax legislation applicable to partnerships, many SMEs often have only very modest own funds,

| E. | whereas, because firms are switching to capital market financing, banks can reduce their risk exposure; whereas in most Member States traditional bank lending relationships enable borrowing firms to benefit from advice on their business and investment plans; whereas, however, credit institutions and investment firms should provide greater assistance than hitherto, especially to SMEs, regarding the possibilities offered by securities issues, |
| --- | --- |

E.

whereas, because firms are switching to capital market financing, banks can reduce their risk exposure; whereas in most Member States traditional bank lending relationships enable borrowing firms to benefit from advice on their business and investment plans; whereas, however, credit institutions and investment firms should provide greater assistance than hitherto, especially to SMEs, regarding the possibilities offered by securities issues,

| F. | whereas the reform of the capital adequacy framework must take account of the European Union's objective of becoming the most competitive economy and of protecting consumers' and depositors' rights, |
| --- | --- |

F.

whereas the reform of the capital adequacy framework must take account of the European Union's objective of becoming the most competitive economy and of protecting consumers' and depositors' rights,

| G. | whereas it is important to strive for consistency between the new EU capital adequacy framework, that will be defined by the third capital adequacy directive, and the Basel II Accord in order to preserve the competitive position of EU credit institutions, |
| --- | --- |

G.

whereas it is important to strive for consistency between the new EU capital adequacy framework, that will be defined by the third capital adequacy directive, and the Basel II Accord in order to preserve the competitive position of EU credit institutions,

| H. | whereas the European financial services industry wishes to ensure that the EU implements the future third capital adequacy directive on a timescale similar to the timescale for implementing Basel II in non-EU countries in order to have consistent rules and to avoid placing the EU at a competitive disadvantage, |
| --- | --- |

H.

whereas the European financial services industry wishes to ensure that the EU implements the future third capital adequacy directive on a timescale similar to the timescale for implementing Basel II in non-EU countries in order to have consistent rules and to avoid placing the EU at a competitive disadvantage,

| I. | whereas cooperation among EU supervisory authorities is necessary to rationalise the scope of national discretionary powers, so as to avoid double reporting and any supplementary costs, |
| --- | --- |

I.

whereas cooperation among EU supervisory authorities is necessary to rationalise the scope of national discretionary powers, so as to avoid double reporting and any supplementary costs,

| 1. | Welcomes the basic principles of the new Basel Accord, as the stability of the international financial system and the protection of bank customers' funds require the formulation of rules on banking supervision which adequately reflect the real risk profile of banking operations; |
| --- | --- |

1.

Welcomes the basic principles of the new Basel Accord, as the stability of the international financial system and the protection of bank customers' funds require the formulation of rules on banking supervision which adequately reflect the real risk profile of banking operations;

| 2. | Emphasises, however, that the cost impact of the proposal on firms of all sizes and from all affected sectors must be properly assessed; supports a framework which seeks to build on, encourage and utilise industry best practice and prudent risk management rather than superimposing a wholly new regulatory framework on top of existing practice; emphasises the need to take into account the particular characteristics and risk profiles of non-banks such as:






  i) | investment firms (both large and small), |
| --- | --- | --- |

2.

Emphasises, however, that the cost impact of the proposal on firms of all sizes and from all affected sectors must be properly assessed; supports a framework which seeks to build on, encourage and utilise industry best practice and prudent risk management rather than superimposing a wholly new regulatory framework on top of existing practice; emphasises the need to take into account the particular characteristics and risk profiles of non-banks such as:

i)

investment firms (both large and small),

| ii) | firms which carry out different types of financial activity within the same business, and |
| --- | --- |

ii)

firms which carry out different types of financial activity within the same business, and

| iii) | (if they are included in the capital framework in the future) firms specialising in commodity derivatives; |
| --- | --- |

iii)

(if they are included in the capital framework in the future) firms specialising in commodity derivatives;

| 3. | Considers that the possibility that the new rules will generate procyclical effects has not been completely eliminated, despite the adjustment of risk weighting curves; stresses the need to examine the macro-economic consequences of the new accord before it enters into operation by carrying out a further impact study and to make any changes necessary; |
| --- | --- |

3.

Considers that the possibility that the new rules will generate procyclical effects has not been completely eliminated, despite the adjustment of risk weighting curves; stresses the need to examine the macro-economic consequences of the new accord before it enters into operation by carrying out a further impact study and to make any changes necessary;

| 4. | Regrets that the Basel Accord and other international agreements laying down a framework for legislation at EU level came into existence without any form of democratic mandate or control by the European Parliament; expresses the view that, in future, questions with such far-reaching political implications should not be determined in advance by expert committees alone; |
| --- | --- |

4.

Regrets that the Basel Accord and other international agreements laying down a framework for legislation at EU level came into existence without any form of democratic mandate or control by the European Parliament; expresses the view that, in future, questions with such far-reaching political implications should not be determined in advance by expert committees alone;

| 5. | Emphasises the need to build mechanisms into the new directive to ensure that the technical measures can be amended quickly according to the comitology procedure, provided that Article 202 of the EC Treaty is amended in such a way as to ensure that the European Parliament exercises substantial control over level 2 measures, and also to ensure the involvement of all market participants in an advisory committee, so as to get a flexible EU framework that reacts to market innovation or systemic needs; |
| --- | --- |

5.

Emphasises the need to build mechanisms into the new directive to ensure that the technical measures can be amended quickly according to the comitology procedure, provided that Article 202 of the EC Treaty is amended in such a way as to ensure that the European Parliament exercises substantial control over level 2 measures, and also to ensure the involvement of all market participants in an advisory committee, so as to get a flexible EU framework that reacts to market innovation or systemic needs;

| 6. | Supports the view that the Basel rules carried into effect in the EU should apply to a broad range of banks and investment firms where this is appropriate in terms of the risk profile of the institution, in order to ensure a uniform standard of supervision and fair competition; regrets that the US authorities' plans to apply the most progressive aspects of the Basel agreements only to an extremely limited number of banks, and to exclude certain classes of investment firms altogether, make no contribution to achieving internationally comparable standards of supervision and unilaterally impose a cost burden on EU banks; calls, therefore, for an appropriate cost-benefit relationship to be taken into account when drawing up system requirements, so as to avoid any competitive disadvantages for the European economy; calls on the Commission to work closely with supervisory authorities of third countries, in particular with the US Federal Reserve Board and the Securities and Exchange Commission, to ensure a coordinated approach to implementation in the interest of maintaining a level playing field; |
| --- | --- |

6.

Supports the view that the Basel rules carried into effect in the EU should apply to a broad range of banks and investment firms where this is appropriate in terms of the risk profile of the institution, in order to ensure a uniform standard of supervision and fair competition; regrets that the US authorities' plans to apply the most progressive aspects of the Basel agreements only to an extremely limited number of banks, and to exclude certain classes of investment firms altogether, make no contribution to achieving internationally comparable standards of supervision and unilaterally impose a cost burden on EU banks; calls, therefore, for an appropriate cost-benefit relationship to be taken into account when drawing up system requirements, so as to avoid any competitive disadvantages for the European economy; calls on the Commission to work closely with supervisory authorities of third countries, in particular with the US Federal Reserve Board and the Securities and Exchange Commission, to ensure a coordinated approach to implementation in the interest of maintaining a level playing field;

| 7. | Stresses that there should be no question of the new capital adequacy system leading to a consolidation of the European banking sector or the placing of any institution in the financial services sector at a competitive disadvantage vis-à-vis its international peers as a result of regulatory requirements, that the rules should be easily manageable for smaller institutions also, and that institutions which apply only the standardised approach must not be placed at a disadvantage; calls, in view of the considerable variations clearly indicated in QIS 3 in the impact of the capital adequacy requirements for institutions, for a transitional period with arrangements to allow all banks to adjust their risk structure to the new regime, e.g. by a floor/cap rule; |
| --- | --- |

7.

Stresses that there should be no question of the new capital adequacy system leading to a consolidation of the European banking sector or the placing of any institution in the financial services sector at a competitive disadvantage vis-à-vis its international peers as a result of regulatory requirements, that the rules should be easily manageable for smaller institutions also, and that institutions which apply only the standardised approach must not be placed at a disadvantage; calls, in view of the considerable variations clearly indicated in QIS 3 in the impact of the capital adequacy requirements for institutions, for a transitional period with arrangements to allow all banks to adjust their risk structure to the new regime, e.g. by a floor/cap rule;

| 8. | Takes the view that, for reasons of competitive equality, the risks undertaken by financial institutions, regardless of their legal form, should be treated in the same way; |
| --- | --- |

8.

Takes the view that, for reasons of competitive equality, the risks undertaken by financial institutions, regardless of their legal form, should be treated in the same way;

| 9. | Calls on credit institutions to determine creditworthiness in a constructive dialogue with customers and to present rating results to them in a transparent way; |
| --- | --- |

9.

Calls on credit institutions to determine creditworthiness in a constructive dialogue with customers and to present rating results to them in a transparent way;

| 10. | Calls on the Commission to establish a framework for the disclosure by supervisory authorities of aggregate data on the impact of national implementation, so as to encourage a reasonable minimum convergence between the national states' respective supervisory practices, and to indicate how it envisages the future development of the framework of legislation in the EU; |
| --- | --- |

10.

Calls on the Commission to establish a framework for the disclosure by supervisory authorities of aggregate data on the impact of national implementation, so as to encourage a reasonable minimum convergence between the national states' respective supervisory practices, and to indicate how it envisages the future development of the framework of legislation in the EU;

| 11. | Welcomes the Commission's intention, in contrast to the Basel Accord, to allow the permanent application of the standardised approach to certain parts of the lending portfolio after the introduction of the internal ratings based (IRB) approach; takes the view that this possibility of partial use of the IRB approach, especially in the area of outstanding State and bank debts, should likewise be provided for in the Basel Accord; maintains, in addition, that it ought to be possible, in agreement with the competent supervisory authority, to revert from the IRB approach to the standardised approach; |
| --- | --- |

11.

Welcomes the Commission's intention, in contrast to the Basel Accord, to allow the permanent application of the standardised approach to certain parts of the lending portfolio after the introduction of the internal ratings based (IRB) approach; takes the view that this possibility of partial use of the IRB approach, especially in the area of outstanding State and bank debts, should likewise be provided for in the Basel Accord; maintains, in addition, that it ought to be possible, in agreement with the competent supervisory authority, to revert from the IRB approach to the standardised approach;

| 12. | Welcomes the numerous improvements obtained in the course of negotiations as regards financing conditions for SMEs; in particular, regards as an important step the inclusion of lending to SMEs up to a ceiling of EUR 1 million in the regulatory retail portfolio; calls on the Commission to ascertain, however, whether the ceiling should be higher than EUR 1 million; stresses that the introduction of an additional quantitative granularity criterion (0,2 % limit) would constitute an unjustified and unnecessary charge on smaller banks' transactions with SMEs; to facilitate SME financing, calls on national regulatory authorities and banking supervision authorities to refrain from imposing formal data protection and banking secrecy obligations that would make it inordinately difficult for groups of credit institutions, while remaining independent, to form SME retail pools; calls for the risk weightings for SMEs to be reduced further via the retail loan threshold; |
| --- | --- |

12.

Welcomes the numerous improvements obtained in the course of negotiations as regards financing conditions for SMEs; in particular, regards as an important step the inclusion of lending to SMEs up to a ceiling of EUR 1 million in the regulatory retail portfolio; calls on the Commission to ascertain, however, whether the ceiling should be higher than EUR 1 million; stresses that the introduction of an additional quantitative granularity criterion (0,2 % limit) would constitute an unjustified and unnecessary charge on smaller banks' transactions with SMEs; to facilitate SME financing, calls on national regulatory authorities and banking supervision authorities to refrain from imposing formal data protection and banking secrecy obligations that would make it inordinately difficult for groups of credit institutions, while remaining independent, to form SME retail pools; calls for the risk weightings for SMEs to be reduced further via the retail loan threshold;

| 13. | Calls for all numerical threshold values relating to SME financing to be regularly adjusted to the rate of inflation and to changes in financial practice; |
| --- | --- |

13.

Calls for all numerical threshold values relating to SME financing to be regularly adjusted to the rate of inflation and to changes in financial practice;

| 14. | Believes that a problem arises because an excessively strict definition of the term ‘default’, determined primarily according to the extent of the delay in repayment of a loan, leads in many cases to ‘artificial’ inflation of default figures and hence to overstatement of the actual risk; calls, to avert the above consequences and ensure that the definition of default can be applied in a practicable way, for the use of indicators for a lower probability of repayment to be left, as a matter of principle, to the discretion of supervisory authorities; |
| --- | --- |

14.

Believes that a problem arises because an excessively strict definition of the term ‘default’, determined primarily according to the extent of the delay in repayment of a loan, leads in many cases to ‘artificial’ inflation of default figures and hence to overstatement of the actual risk; calls, to avert the above consequences and ensure that the definition of default can be applied in a practicable way, for the use of indicators for a lower probability of repayment to be left, as a matter of principle, to the discretion of supervisory authorities;

| 15. | Calls for greater attention to be paid to the problems connected to the financing of start-ups; calls, in particular, for special arrangements for equity holdings for firms starting up and the introduction of an SME component for holdings in small and medium-sized enterprises already established; recommends that Member States and federations of business organisations use national, regional, or sector-based aid programmes, including such programmes under the venture capital action plan, to reduce the normally high degree of risk associated with bank loans to and holdings in SMEs which are starting up, so as to ensure that banks do not have to accept unreasonable risks compared with the capital adequacy rules; |
| --- | --- |

15.

Calls for greater attention to be paid to the problems connected to the financing of start-ups; calls, in particular, for special arrangements for equity holdings for firms starting up and the introduction of an SME component for holdings in small and medium-sized enterprises already established; recommends that Member States and federations of business organisations use national, regional, or sector-based aid programmes, including such programmes under the venture capital action plan, to reduce the normally high degree of risk associated with bank loans to and holdings in SMEs which are starting up, so as to ensure that banks do not have to accept unreasonable risks compared with the capital adequacy rules;

| 16. | Calls for particular attention to be paid to the requirements of public institutions which promote economic development and self-help schemes and insists that there must be no question of increasing the capital requirements in relation to lending by such institutions; believes, further, that favourable treatment should be accorded to equity holdings in joint institutions that are essential from the point of view of banking business, because it is only through such bodies that small and medium-sized banks can offer their customers a full range of banking services (head office, building society, insurance, computer centre, etc.); |
| --- | --- |

16.

Calls for particular attention to be paid to the requirements of public institutions which promote economic development and self-help schemes and insists that there must be no question of increasing the capital requirements in relation to lending by such institutions; believes, further, that favourable treatment should be accorded to equity holdings in joint institutions that are essential from the point of view of banking business, because it is only through such bodies that small and medium-sized banks can offer their customers a full range of banking services (head office, building society, insurance, computer centre, etc.);

| 17. | Welcomes the possibility given to lenders to apply a favourable risk weighting (35 %) to low-risk residential mortgage loans (paragraph 45 of the third consultation paper) and urges the Commission to introduce in the capital adequacy directive provisions equally aimed at reflecting the relative risk exposure of different mortgage products; |
| --- | --- |

17.

Welcomes the possibility given to lenders to apply a favourable risk weighting (35 %) to low-risk residential mortgage loans (paragraph 45 of the third consultation paper) and urges the Commission to introduce in the capital adequacy directive provisions equally aimed at reflecting the relative risk exposure of different mortgage products;

| 18. | Welcomes the considerably extended opportunities offered by the new accord with regard to the use of collateral; calls on the Commission, however, to remedy the current, less favourable treatment of physical collateral and ensure that it is treated in the same way as financial collateral; |
| --- | --- |

18.

Welcomes the considerably extended opportunities offered by the new accord with regard to the use of collateral; calls on the Commission, however, to remedy the current, less favourable treatment of physical collateral and ensure that it is treated in the same way as financial collateral;

| 19. | Regrets that no adequate study of the impact of the new rules on capital adequacy on financing conditions for SMEs has been carried out at European level; calls on the Commission to carry out the planned SME study as quickly as possible, to publicise its findings in good time before the prospective proposal for a directive and to take them fully into account; |
| --- | --- |

19.

Regrets that no adequate study of the impact of the new rules on capital adequacy on financing conditions for SMEs has been carried out at European level; calls on the Commission to carry out the planned SME study as quickly as possible, to publicise its findings in good time before the prospective proposal for a directive and to take them fully into account;

| 20. | Calls for arrangements under the new rules to ensure that, when debts are securitised, the aggregate capital requirements of all banks involved in a transaction do not exceed the capital requirements that would arise if the debts were not securitised; suggests, however, that the obligations applying to banks as regards debt securitisation be couched in such a way as to provide the transparency required in order to protect purchasers of asset-backed securities of this kind; |
| --- | --- |

20.

Calls for arrangements under the new rules to ensure that, when debts are securitised, the aggregate capital requirements of all banks involved in a transaction do not exceed the capital requirements that would arise if the debts were not securitised; suggests, however, that the obligations applying to banks as regards debt securitisation be couched in such a way as to provide the transparency required in order to protect purchasers of asset-backed securities of this kind;

| 21. | Takes the view that smaller investment firms without access to customers' money and financial instruments should also be able to cover their commercial risks by third-party insurance; welcomes the Commission's intention to exclude investment firms which do not engage in own-account trading from the minimum capital requirements for operational risks; |
| --- | --- |

21.

Takes the view that smaller investment firms without access to customers' money and financial instruments should also be able to cover their commercial risks by third-party insurance; welcomes the Commission's intention to exclude investment firms which do not engage in own-account trading from the minimum capital requirements for operational risks;

| 22. | Considers that, in the case of banks and investment firms which have a relatively small lending portfolio in relation to their total volume of business, the introduction of a capital requirement for operational risks represents a significant burden, as such firms do not benefit from more suitable methods of assessing credit risk to the same extent as banks with larger lending portfolios; calls on the Commission, in the course of its discussions with market participants in respect of all trading book activities, to find solutions which fully reflect the specific characteristics of such firms and to undertake an impact study to achieve this; |
| --- | --- |

22.

Considers that, in the case of banks and investment firms which have a relatively small lending portfolio in relation to their total volume of business, the introduction of a capital requirement for operational risks represents a significant burden, as such firms do not benefit from more suitable methods of assessing credit risk to the same extent as banks with larger lending portfolios; calls on the Commission, in the course of its discussions with market participants in respect of all trading book activities, to find solutions which fully reflect the specific characteristics of such firms and to undertake an impact study to achieve this;

| 23. | Welcomes the Commission's intention to assign a lower risk weighting to mortgage bonds, in contrast to the Basel Committee; calls on the Commission at the same time, however, to assess mortgage bonds not according to the risk associated with the institution issuing the bonds, but according to the financial standing of the cover fund; urges the Commission to consider carefully any regulatory measures that would decrease the competitiveness of mortgage bonds with respect to similar funding techniques; |
| --- | --- |

23.

Welcomes the Commission's intention to assign a lower risk weighting to mortgage bonds, in contrast to the Basel Committee; calls on the Commission at the same time, however, to assess mortgage bonds not according to the risk associated with the institution issuing the bonds, but according to the financial standing of the cover fund; urges the Commission to consider carefully any regulatory measures that would decrease the competitiveness of mortgage bonds with respect to similar funding techniques;

| 24. | Hopes that the Commission will carefully consider the criteria for determining the capital requirements for project finance (specialised lending) operations, not least in the light of the new European infrastructure development plan; |
| --- | --- |

24.

Hopes that the Commission will carefully consider the criteria for determining the capital requirements for project finance (specialised lending) operations, not least in the light of the new European infrastructure development plan;

| 25. | Calls for flexible implementation of the supervisory review process (pillar II); considers, in particular, that extensive on-the-spot inspections can be justified only in the case of large, very complex institutions; calls on the Commission to establish a framework which avoids an excessively interventionist system of supervision and encourages a reasonable minimum of convergence between the national states' respective supervisory practices; |
| --- | --- |

25.

Calls for flexible implementation of the supervisory review process (pillar II); considers, in particular, that extensive on-the-spot inspections can be justified only in the case of large, very complex institutions; calls on the Commission to establish a framework which avoids an excessively interventionist system of supervision and encourages a reasonable minimum of convergence between the national states' respective supervisory practices;

| 26. | Is of the opinion that the latitude accorded to national legislative authorities must be limited where necessary so as to ensure that the operation of an integrated European financial market is not jeopardised and that market participants do not have to resort to arbitration by the supervisory authority; |
| --- | --- |

26.

Is of the opinion that the latitude accorded to national legislative authorities must be limited where necessary so as to ensure that the operation of an integrated European financial market is not jeopardised and that market participants do not have to resort to arbitration by the supervisory authority;

| 27. | Calls on the Commission, if possible before the directive is adopted, to produce an up-to-date analysis of the Member States' implementation practice regarding the various forms of own funds, including liabilities, under the current own funds directive — in other words, to update its report COM(2000) 74 (on the implementation of the own funds directive); |
| --- | --- |

27.

Calls on the Commission, if possible before the directive is adopted, to produce an up-to-date analysis of the Member States' implementation practice regarding the various forms of own funds, including liabilities, under the current own funds directive — in other words, to update its report COM(2000) 74 (on the implementation of the own funds directive);

| 28. | Stresses that double disclosures resulting from conflicting accounting and regulatory requirements under pillar III must be avoided, so as not to give rise to additional regulatory costs; |
| --- | --- |

28.

Stresses that double disclosures resulting from conflicting accounting and regulatory requirements under pillar III must be avoided, so as not to give rise to additional regulatory costs;

| 29. | Calls on the Commission, as Basel II is transposed, to implement or adapt, as the case may be, the necessary data protection provisions; considers that the same should apply to those provisions of the proposed directive on consumer credit which govern data handling; |
| --- | --- |

29.

Calls on the Commission, as Basel II is transposed, to implement or adapt, as the case may be, the necessary data protection provisions; considers that the same should apply to those provisions of the proposed directive on consumer credit which govern data handling;

| 30. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

30.

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

---

(1)  http://www.bis.org.

(2)  http://www.bis.org/bcbs/qis/qis3results.pdf.

(3)  http://europa.eu.int/comm/internal_market/regcapital/cp3/2003-consultpaper3_en.htm.

P5_TA(2003)0359

Economic and social cohesion

European Parliament resolution on the communication from the Commission — Second progress report on economic and social cohesion: regional trends, debate on future developments (COM(2003) 34 — 2003/2095(INI))

The European Parliament,

| — | having regard to the Commission communication (COM(2003) 34), |
| --- | --- |

—

having regard to the Commission communication (COM(2003) 34),

| — | having regard to Rules 47(2) and 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 47(2) and 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0267/2003), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0267/2003),

| A. | whereas regional and cohesion policy plays a central role in the process of European integration and in supporting the single market and economic and monetary union, |
| --- | --- |

A.

whereas regional and cohesion policy plays a central role in the process of European integration and in supporting the single market and economic and monetary union,

| B. | whereas it is vital to stress the importance of this policy for boosting cohesion in an enlarged European Union which will experience a particular increase in disparities between levels of development in its various regions, and whereas the resources to be made available must match the new requirements, |
| --- | --- |

B.

whereas it is vital to stress the importance of this policy for boosting cohesion in an enlarged European Union which will experience a particular increase in disparities between levels of development in its various regions, and whereas the resources to be made available must match the new requirements,

| C. | whereas the bridging of differences and the fostering of long-term, balanced and polycentric development throughout the European Union are of vital importance, |
| --- | --- |

C.

whereas the bridging of differences and the fostering of long-term, balanced and polycentric development throughout the European Union are of vital importance,

| D. | whereas the guidelines for competitiveness and sustainable development decided on at the European Councils of Lisbon and Göteborg should continue to determine the priority objectives of the EU strategy in future decades, |
| --- | --- |

D.

whereas the guidelines for competitiveness and sustainable development decided on at the European Councils of Lisbon and Göteborg should continue to determine the priority objectives of the EU strategy in future decades,

| E. | whereas it expects that before the end of 2003 specific conclusions will be drawn and proposals made by the Commission in its third report on economic and social cohesion, |
| --- | --- |

E.

whereas it expects that before the end of 2003 specific conclusions will be drawn and proposals made by the Commission in its third report on economic and social cohesion,

General remarks

| 1. | Notes the need for a more accurate setting of targets and priorities, in order to improve still further ways of dealing with inequalities and the results of cohesion policies in the enlarged Union; |
| --- | --- |

1.

Notes the need for a more accurate setting of targets and priorities, in order to improve still further ways of dealing with inequalities and the results of cohesion policies in the enlarged Union;

| 2. | Endorses the Commission's stance of rejecting attempts at the renationalisation of regional and cohesion policy, and welcomes its determination to maintain a genuine Community policy; |
| --- | --- |

2.

Endorses the Commission's stance of rejecting attempts at the renationalisation of regional and cohesion policy, and welcomes its determination to maintain a genuine Community policy;

| 3. | Supports the Commission's view on the application of EU regional and cohesion policy to all the regions of the EU which meet the relevant criteria; |
| --- | --- |

3.

Supports the Commission's view on the application of EU regional and cohesion policy to all the regions of the EU which meet the relevant criteria;

| 4. | Considers that future regional policy, incorporating the ‘new’ economy and based on the knowledge economy, ought to take full account of the guidelines and proposals included in the European spatial development perspective (ESDP) established by the informal Council of Ministers (regional policy and spatial planning) in Potsdam in May 1999; |
| --- | --- |

4.

Considers that future regional policy, incorporating the ‘new’ economy and based on the knowledge economy, ought to take full account of the guidelines and proposals included in the European spatial development perspective (ESDP) established by the informal Council of Ministers (regional policy and spatial planning) in Potsdam in May 1999;

| 5. | Insists that there is an urgent need for sectoral policies to make a greater contribution to the objective of cohesion, in particular those with a significant impact on the land, such as agriculture, fishing, transport, research and technology, education and training and information society policy; |
| --- | --- |

5.

Insists that there is an urgent need for sectoral policies to make a greater contribution to the objective of cohesion, in particular those with a significant impact on the land, such as agriculture, fishing, transport, research and technology, education and training and information society policy;

| 6. | Reiterates the need for greater coordination between the above policies and regional and cohesion policy; |
| --- | --- |

6.

Reiterates the need for greater coordination between the above policies and regional and cohesion policy;

| 7. | Considers that special attention should be paid to achieving a proper balance and the best possible combination of the rural and urban dimensions of the development policy, at the same time targeting unemployment blackspots wherever they occur; |
| --- | --- |

7.

Considers that special attention should be paid to achieving a proper balance and the best possible combination of the rural and urban dimensions of the development policy, at the same time targeting unemployment blackspots wherever they occur;

| 8. | Stresses the need for a direct link between future regional policy and European competition policy, with particular reference to tax concessions and State aid in the regions; |
| --- | --- |

8.

Stresses the need for a direct link between future regional policy and European competition policy, with particular reference to tax concessions and State aid in the regions;

| 9. | Expresses once again its conviction that the current threshold of 0,45 % of Community GDP allocated to the cohesion policy is a threshold beneath which it is not possible to fall without jeopardising the achievement of the objectives laid down in the Union's cohesion policy; also believes that an evaluation of the needs of cohesion policy is necessary in the immediate future in the context of the financial perspectives with a view to enlargement; |
| --- | --- |

9.

Expresses once again its conviction that the current threshold of 0,45 % of Community GDP allocated to the cohesion policy is a threshold beneath which it is not possible to fall without jeopardising the achievement of the objectives laid down in the Union's cohesion policy; also believes that an evaluation of the needs of cohesion policy is necessary in the immediate future in the context of the financial perspectives with a view to enlargement;

Objective 1

| 10. | Emphasises the fact that the Commission ought to pay special attention to those regions suffering from the ‘statistical’ effects of enlargement, which lose their eligibility for Objective 1 as a result of the recalculation of EU GDP, by continuing to treat those regions as similar to Objective 1 areas with the equivalent level of support and administering aid in accordance with Article 87(3)(a); |
| --- | --- |

10.

Emphasises the fact that the Commission ought to pay special attention to those regions suffering from the ‘statistical’ effects of enlargement, which lose their eligibility for Objective 1 as a result of the recalculation of EU GDP, by continuing to treat those regions as similar to Objective 1 areas with the equivalent level of support and administering aid in accordance with Article 87(3)(a);

| 11. | Calls for the Commission to pay special attention to cases where regions have naturally emerged from Objective 1 status as a result of their own efforts but which also require adequate temporary financial support to consolidate their upward progress; |
| --- | --- |

11.

Calls for the Commission to pay special attention to cases where regions have naturally emerged from Objective 1 status as a result of their own efforts but which also require adequate temporary financial support to consolidate their upward progress;

| 12. | Considers that, under Article 299(2) of the Treaty, special attention should be paid to the ultraperipheral regions and sparsely populated areas on the basis of Article 2, Protocol 6 in the Accession treaty for Austria, Sweden and Finland; |
| --- | --- |

12.

Considers that, under Article 299(2) of the Treaty, special attention should be paid to the ultraperipheral regions and sparsely populated areas on the basis of Article 2, Protocol 6 in the Accession treaty for Austria, Sweden and Finland;

| 13. | Stresses that the Commission should also pay special attention to the least favoured regions and island regions mentioned in Article 158; |
| --- | --- |

13.

Stresses that the Commission should also pay special attention to the least favoured regions and island regions mentioned in Article 158;

| 14. | Recognises that political and economic priority must continue to be given to the Objective 1 regions; |
| --- | --- |

14.

Recognises that political and economic priority must continue to be given to the Objective 1 regions;

| 15. | Accepts that the threshold of 75 % of the average GDP in the EU Member States must remain the essential criterion for eligibility for Objective 1; |
| --- | --- |

15.

Accepts that the threshold of 75 % of the average GDP in the EU Member States must remain the essential criterion for eligibility for Objective 1;

| 16. | Draws attention to the vital role played by the Cohesion Fund in projects related to environmental protection and transport and stresses the importance of maintaining this fund, especially for the new Member States, ensuring in particular that the infrastructure financed by the Cohesion Fund in the beneficiary countries is not inconsistent with the priorities of the new policy of sustainable mobility set out in the White Paper on European transport policy for 2010 — time to decide (COM(2001) 370) and does not create distortion of competition between the Member States; also draws attention to the importance of coordinating these measures with Structural Funds programmes with the aim of enhancing regional sustainable development strategies; |
| --- | --- |

16.

Draws attention to the vital role played by the Cohesion Fund in projects related to environmental protection and transport and stresses the importance of maintaining this fund, especially for the new Member States, ensuring in particular that the infrastructure financed by the Cohesion Fund in the beneficiary countries is not inconsistent with the priorities of the new policy of sustainable mobility set out in the White Paper on European transport policy for 2010 — time to decide (COM(2001) 370) and does not create distortion of competition between the Member States; also draws attention to the importance of coordinating these measures with Structural Funds programmes with the aim of enhancing regional sustainable development strategies;

| 17. | Stresses the importance of the Cohesion Fund, particularly for the applicant countries, since those Member States which have a GDP of less than 90 % of the EU average and are not members of the euro zone receive a combined grant from the Cohesion Fund and the Structural Funds for use in the environmental sector and for trans-European networks; |
| --- | --- |

17.

Stresses the importance of the Cohesion Fund, particularly for the applicant countries, since those Member States which have a GDP of less than 90 % of the EU average and are not members of the euro zone receive a combined grant from the Cohesion Fund and the Structural Funds for use in the environmental sector and for trans-European networks;

Objective 2

| 18. | Welcomes the Commission's recognition of the importance of Objective 2 in promoting economic and social cohesion and reducing disparities in development levels between the regions of the enlarged Union; |
| --- | --- |

18.

Welcomes the Commission's recognition of the importance of Objective 2 in promoting economic and social cohesion and reducing disparities in development levels between the regions of the enlarged Union;

| 19. | Supports the idea of a new Objective 2 to foster regional competitiveness, within the framework of balanced and sustainable polycentric development, in accordance with the Lisbon and Göteborg guidelines; |
| --- | --- |

19.

Supports the idea of a new Objective 2 to foster regional competitiveness, within the framework of balanced and sustainable polycentric development, in accordance with the Lisbon and Göteborg guidelines;

| 20. | Stresses that the future Objective 2 should, as hitherto, apply to territorial units with structural problems, to receive support in line with their development levels and the extent of their problems; |
| --- | --- |

20.

Stresses that the future Objective 2 should, as hitherto, apply to territorial units with structural problems, to receive support in line with their development levels and the extent of their problems;

| 21. | Calls on the Commission to establish clear, objective Community criteria for determining the eligibility of Objective 2 regions, with a view to enabling thematic objectives (such as those set out in the second progress report on economic social cohesion) to be achieved; |
| --- | --- |

21.

Calls on the Commission to establish clear, objective Community criteria for determining the eligibility of Objective 2 regions, with a view to enabling thematic objectives (such as those set out in the second progress report on economic social cohesion) to be achieved;

| 22. | Considers it imperative to act in the framework of coherent, global, regional economic development programmes and, as a matter of priority, on the main factors of regional competitiveness, namely accessibility — particularly in the case of rural, outlying, mountain and island areas, research and development, education and training and the information society; |
| --- | --- |

22.

Considers it imperative to act in the framework of coherent, global, regional economic development programmes and, as a matter of priority, on the main factors of regional competitiveness, namely accessibility — particularly in the case of rural, outlying, mountain and island areas, research and development, education and training and the information society;

| 23. | Considers that regional areas in which permanent geographical handicaps (islands or mountains, low population density) hinder economic development, output and job creation and which are not eligible for other Structural Funds should be eligible for a reformed Objective 2 or for some other new specific Community initiative; |
| --- | --- |

23.

Considers that regional areas in which permanent geographical handicaps (islands or mountains, low population density) hinder economic development, output and job creation and which are not eligible for other Structural Funds should be eligible for a reformed Objective 2 or for some other new specific Community initiative;

| 24. | Draws attention to the need for more clarification of the scope of activities within the various objectives and calls, specifically, for the measures and funding to be moved from Objective 3 to the new Objective 2; |
| --- | --- |

24.

Draws attention to the need for more clarification of the scope of activities within the various objectives and calls, specifically, for the measures and funding to be moved from Objective 3 to the new Objective 2;

| 25. | Insists on the need for an accurate definition of the relationship between regional policy and the rural development policy implemented within the framework of the second pillar of the Common Agricultural Policy and the socio-economic aid available from the structural section of the Financial Instrument for Fisheries Guidance; |
| --- | --- |

25.

Insists on the need for an accurate definition of the relationship between regional policy and the rural development policy implemented within the framework of the second pillar of the Common Agricultural Policy and the socio-economic aid available from the structural section of the Financial Instrument for Fisheries Guidance;

| 26. | Backs the Commission in its regional approach to development, particularly the idea of a single programme and a single financial package per region; |
| --- | --- |

26.

Backs the Commission in its regional approach to development, particularly the idea of a single programme and a single financial package per region;

| 27. | Emphasises the need for clear and unambiguous criteria for the implementation of Objective 2, in order to achieve a balanced distribution of economic resources between the regions in accordance with actual requirements; |
| --- | --- |

27.

Emphasises the need for clear and unambiguous criteria for the implementation of Objective 2, in order to achieve a balanced distribution of economic resources between the regions in accordance with actual requirements;

Regional cooperation

| 28. | Stresses the need for consistency in the policy for regional cooperation in its three dimensions, namely cross-border (land or sea), trans-national and inter-regional; |
| --- | --- |

28.

Stresses the need for consistency in the policy for regional cooperation in its three dimensions, namely cross-border (land or sea), trans-national and inter-regional;

| 29. | Calls on the Commission to foster regional cooperation further, using the best methods possible and the experience acquired from positive Community initiatives, and to simplify procedures; |
| --- | --- |

29.

Calls on the Commission to foster regional cooperation further, using the best methods possible and the experience acquired from positive Community initiatives, and to simplify procedures;

| 30. | Calls on the Commission to submit proposals, on the basis of experience gained from Interreg, to improve the operation of regional cooperation, where appropriate by facilitating the financing of investment in infrastructure and the implementation of certain cross-border infrastructure projects under the new instruments of Community regional policy; |
| --- | --- |

30.

Calls on the Commission to submit proposals, on the basis of experience gained from Interreg, to improve the operation of regional cooperation, where appropriate by facilitating the financing of investment in infrastructure and the implementation of certain cross-border infrastructure projects under the new instruments of Community regional policy;

| 31. | Recommends that innovative measures and pilot projects be maintained and strengthened after 2006; |
| --- | --- |

31.

Recommends that innovative measures and pilot projects be maintained and strengthened after 2006;

Simplification

| 32. | Endorses the Commission's main goal of simplifying the rules for implementing regional policy, particularly through increased consistency between targets and boosting the regional dimension in the implementation, management and planning of programmes and support measures; is in favour of the idea of a single fund approach per development objective; |
| --- | --- |

32.

Endorses the Commission's main goal of simplifying the rules for implementing regional policy, particularly through increased consistency between targets and boosting the regional dimension in the implementation, management and planning of programmes and support measures; is in favour of the idea of a single fund approach per development objective;

| 33. | Reminds the Commission of its request for tripartite contracts between the Commission, the Member State and the region; |
| --- | --- |

33.

Reminds the Commission of its request for tripartite contracts between the Commission, the Member State and the region;

| 34. | Calls on the Commission to divide powers and responsibilities clearly amongst all those involved in the cohesion policy; |
| --- | --- |

34.

Calls on the Commission to divide powers and responsibilities clearly amongst all those involved in the cohesion policy;

| 35. | Considers that there should be much greater simplification of administrative procedures, particularly in respect of the bureaucracy surrounding the payments procedure (excessive checks in many instances, etc.); |
| --- | --- |

35.

Considers that there should be much greater simplification of administrative procedures, particularly in respect of the bureaucracy surrounding the payments procedure (excessive checks in many instances, etc.);

| 36. | Stresses once again its conviction that it is both necessary and feasible to achieve a proper balance between simplification and scrutiny; |
| --- | --- |

36.

Stresses once again its conviction that it is both necessary and feasible to achieve a proper balance between simplification and scrutiny;

| 37. | Demands that in the framework of the revision of the Structural Funds regulations, the role of the partnership be strengthened given the unequal progress in applying partnership in the Member States; considers that the Commission should propose a harmonisation of the implementation and selection of partnership in regional policy; |
| --- | --- |

37.

Demands that in the framework of the revision of the Structural Funds regulations, the role of the partnership be strengthened given the unequal progress in applying partnership in the Member States; considers that the Commission should propose a harmonisation of the implementation and selection of partnership in regional policy;

*

- *

| 38. | Instructs its President to forward this resolution to the Council and Commission. |
| --- | --- |

38.

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

P5_TA(2003)0360

Structurally disadvantaged regions

European Parliament resolution on structurally disadvantaged regions (islands, mountain regions, regions with low population density) in the context of cohesion policy, and their institutional prospects (2002/2119(INI))

The European Parliament,

| — | having regard to its resolution of 24 April 1997 on development problems in the outermost regions of the European Union (1) and its resolution of 28 May 1998 on the problems of island regions in the European Union (2), |
| --- | --- |

—

having regard to its resolution of 24 April 1997 on development problems in the outermost regions of the European Union (1) and its resolution of 28 May 1998 on the problems of island regions in the European Union (2),

| — | having regard to its resolution of 25 October 2000 on Article 158 of the EC Treaty with regard to the status of islands (3), |
| --- | --- |

—

having regard to its resolution of 25 October 2000 on Article 158 of the EC Treaty with regard to the status of islands (3),

| — | having regard to its resolution of 7 February 2002 on the Commission's second report on economic and social cohesion (4), |
| --- | --- |

—

having regard to its resolution of 7 February 2002 on the Commission's second report on economic and social cohesion (4),

| — | having regard to its resolution of 7 November 2002 on the first progress report from the Commission on economic and social cohesion (5), |
| --- | --- |

—

having regard to its resolution of 7 November 2002 on the first progress report from the Commission on economic and social cohesion (5),

| — | having regard to Article 154 of the EC Treaty, |
| --- | --- |

—

having regard to Article 154 of the EC Treaty,

| — | having regard to Article 158 of the EC Treaty, in conjunction with Declaration No 30 annexed to that Treaty, |
| --- | --- |

—

having regard to Article 158 of the EC Treaty, in conjunction with Declaration No 30 annexed to that Treaty,

| — | having regard to the opinion of its Legal Service of 27 July 1998 (SJ218/98), which clarifies the interpretation of Article 158 of the EC Treaty, |
| --- | --- |

—

having regard to the opinion of its Legal Service of 27 July 1998 (SJ218/98), which clarifies the interpretation of Article 158 of the EC Treaty,

| — | having regard to Article 162 of the EC Treaty, |
| --- | --- |

—

having regard to Article 162 of the EC Treaty,

| — | having regard to the Presidency Conclusions of the December 2000 Nice European Council (point 55 and declaration J), |
| --- | --- |

—

having regard to the Presidency Conclusions of the December 2000 Nice European Council (point 55 and declaration J),

| — | having regard to the Commission communication of 30 January 2003 entitled ‘Second progress report on economic and social cohesion’ (COM(2003) 34), |
| --- | --- |

—

having regard to the Commission communication of 30 January 2003 entitled ‘Second progress report on economic and social cohesion’ (COM(2003) 34),

| — | having regard to the opinion of the European Economic and Social Committee on ‘The future of upland areas in the EU’ (6), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee on ‘The future of upland areas in the EU’ (6),

| — | having regard to the Structural Fund regulations (EC) Nos 1260/1999, 1264/1999 and 1265/1999 of 21 June 1999 and (EC) No 1783/1999 of 12 July 1999, |
| --- | --- |

—

having regard to the Structural Fund regulations (EC) Nos 1260/1999, 1264/1999 and 1265/1999 of 21 June 1999 and (EC) No 1783/1999 of 12 July 1999,

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

—

having regard to Rule 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0188/2003), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0188/2003),

| A. | whereas cohesion is one of the Union's strategic objectives, aimed at securing its harmonious and homogenous overall development, in particular by removing factors which slow down development, for socio-economic reasons, or special geographical obstacles which undermine the competitiveness of and the quality of life in the areas concerned, |
| --- | --- |

A.

whereas cohesion is one of the Union's strategic objectives, aimed at securing its harmonious and homogenous overall development, in particular by removing factors which slow down development, for socio-economic reasons, or special geographical obstacles which undermine the competitiveness of and the quality of life in the areas concerned,

| B. | whereas the principle of regional economic and social cohesion, as regards its economic and social aspects, is designed to form Union territory into a polycentric whole making for equal opportunities for all regions, |
| --- | --- |

B.

whereas the principle of regional economic and social cohesion, as regards its economic and social aspects, is designed to form Union territory into a polycentric whole making for equal opportunities for all regions,

| C. | whereas, although cohesion policy has so far achieved generally favourable results, as illustrated by the Commission's second report, these should not be allowed to conceal the problems still outstanding and the remedies needed, |
| --- | --- |

C.

whereas, although cohesion policy has so far achieved generally favourable results, as illustrated by the Commission's second report, these should not be allowed to conceal the problems still outstanding and the remedies needed,

| D. | whereas, following enlargement, the Union will require a still more effective cohesion policy, given the vastly greater disparities there will be in a Community of 25 Member States, |
| --- | --- |

D.

whereas, following enlargement, the Union will require a still more effective cohesion policy, given the vastly greater disparities there will be in a Community of 25 Member States,

| E. | whereas in the immediate future, financial support should be provided to help backward areas in the new Member States without overlooking the problems and delayed development of currently eligible areas, particularly those with permanent handicaps and existing Objective 1 areas, which will certainly not be overcome by juggling with statistics, |
| --- | --- |

E.

whereas in the immediate future, financial support should be provided to help backward areas in the new Member States without overlooking the problems and delayed development of currently eligible areas, particularly those with permanent handicaps and existing Objective 1 areas, which will certainly not be overcome by juggling with statistics,

| F. | having regard to the Commission's study on islands and outermost regions of 5 May 2003, |
| --- | --- |

F.

having regard to the Commission's study on islands and outermost regions of 5 May 2003,

| G. | whereas cohesion policy must go beyond narrow economic criteria measured as a percentage of GDP and also encompass criteria that factor in the permanent structural features which hamper the economic and social development of the regions, |
| --- | --- |

G.

whereas cohesion policy must go beyond narrow economic criteria measured as a percentage of GDP and also encompass criteria that factor in the permanent structural features which hamper the economic and social development of the regions,

| H. | whereas the actions taken under Objectives 1 and 2 in regions with permanent handicaps have been random in nature, producing variable results, but failing to achieve the objective of development meeting the needs of the original situation, |
| --- | --- |

H.

whereas the actions taken under Objectives 1 and 2 in regions with permanent handicaps have been random in nature, producing variable results, but failing to achieve the objective of development meeting the needs of the original situation,

| I. | whereas the outermost regions, which are characterised by permanent, severe and combined geographical, climatic and structural handicaps, owe their specific legal status chiefly to their great distance from the European mainland, |
| --- | --- |

I.

whereas the outermost regions, which are characterised by permanent, severe and combined geographical, climatic and structural handicaps, owe their specific legal status chiefly to their great distance from the European mainland,

| J. | whereas the objective of cohesion should no longer be considered solely from a purely socioeconomic point of view but also from a regional one, particularly since — as already noted in the Commission's Second Report on Economic and Social Cohesion — consideration of the regional dimension is fully compatible with an approach geared to the Union's thematic priorities, |
| --- | --- |

J.

whereas the objective of cohesion should no longer be considered solely from a purely socioeconomic point of view but also from a regional one, particularly since — as already noted in the Commission's Second Report on Economic and Social Cohesion — consideration of the regional dimension is fully compatible with an approach geared to the Union's thematic priorities,

| K. | whereas the principle of ‘territorial cohesion’ may be defined as seeking to establish a principle of fairness among European citizens, wherever they may live, with a view to offering the Union's inhabitants fair conditions of access to services of general interest, and guaranteeing optimum conditions of competitiveness, sustainable development and improvement of quality of life to all its regions, taking account in particular of the diversity of their geographical and demographic situations, |
| --- | --- |

K.

whereas the principle of ‘territorial cohesion’ may be defined as seeking to establish a principle of fairness among European citizens, wherever they may live, with a view to offering the Union's inhabitants fair conditions of access to services of general interest, and guaranteeing optimum conditions of competitiveness, sustainable development and improvement of quality of life to all its regions, taking account in particular of the diversity of their geographical and demographic situations,

| L. | whereas insularity is both a geocultural factor — and thus an aspect that may need to be fully exploited as part of a development strategy — and a permanent handicap representing an additional constraint on competitiveness in the areas concerned, |
| --- | --- |

L.

whereas insularity is both a geocultural factor — and thus an aspect that may need to be fully exploited as part of a development strategy — and a permanent handicap representing an additional constraint on competitiveness in the areas concerned,

| M. | whereas Article 158, although it does refer to islands, has not proved to be an adequate means of ensuring the implementation of the policies and specific measures required by such areas, |
| --- | --- |

M.

whereas Article 158, although it does refer to islands, has not proved to be an adequate means of ensuring the implementation of the policies and specific measures required by such areas,

| N. | whereas the EU has 286 island regions with a total of around 10 million inhabitants, |
| --- | --- |

N.

whereas the EU has 286 island regions with a total of around 10 million inhabitants,

| O. | whereas mountain regions, which comprise approximately 30 % of Union territory, are a specific feature of that territory and a part of its heritage, a heritage whose fragility calls for a clear-sighted policy of physical, economic and also cultural conservation, |
| --- | --- |

O.

whereas mountain regions, which comprise approximately 30 % of Union territory, are a specific feature of that territory and a part of its heritage, a heritage whose fragility calls for a clear-sighted policy of physical, economic and also cultural conservation,

| P. | whereas the sparsely populated areas of the Union suffer from highly specific handicaps, such as extremely sparse populations, cold climates and long distances within the regions as well as to the main European markets, creating a situation of permanent structural disadvantage that requires special long-term support, |
| --- | --- |

P.

whereas the sparsely populated areas of the Union suffer from highly specific handicaps, such as extremely sparse populations, cold climates and long distances within the regions as well as to the main European markets, creating a situation of permanent structural disadvantage that requires special long-term support,

| Q. | whereas the increasing population ageing in many European regions is one of the factors that might impede their social and economic development; whereas, therefore, European structural policy should allow for this point in the next reform, |
| --- | --- |

Q.

whereas the increasing population ageing in many European regions is one of the factors that might impede their social and economic development; whereas, therefore, European structural policy should allow for this point in the next reform,

| R. | whereas there are numerous cases in which the above-mentioned constraints are combined (such as mountainous islands, or depopulated mountain regions) or aggravated (for example groups of islands, very small islands, or areas with very low population density such as the north of Sweden or Finland), |
| --- | --- |

R.

whereas there are numerous cases in which the above-mentioned constraints are combined (such as mountainous islands, or depopulated mountain regions) or aggravated (for example groups of islands, very small islands, or areas with very low population density such as the north of Sweden or Finland),

| S. | whereas the farming systems of regions affected by permanent determinants (island regions, mountain regions, or regions with low population density) allow for permanent structural disparities which dictate and define the type of farming carried out in those regions; whereas Article 33(2)(a) of the EC Treaty refers to the particular nature of agricultural activity, which results from the social structure of agriculture and from structural and natural disparities between the various agricultural regions, |
| --- | --- |

S.

whereas the farming systems of regions affected by permanent determinants (island regions, mountain regions, or regions with low population density) allow for permanent structural disparities which dictate and define the type of farming carried out in those regions; whereas Article 33(2)(a) of the EC Treaty refers to the particular nature of agricultural activity, which results from the social structure of agriculture and from structural and natural disparities between the various agricultural regions,

| T. | whereas the current system of state aids either disregards or takes inadequate account of the specific situation of these regions, even though it is clear that the aids seeking to compensate for the permanent constraints should be seen as necessary re-balancing measures rather than as distortions of the internal market, |
| --- | --- |

T.

whereas the current system of state aids either disregards or takes inadequate account of the specific situation of these regions, even though it is clear that the aids seeking to compensate for the permanent constraints should be seen as necessary re-balancing measures rather than as distortions of the internal market,

| U. | whereas, in its resolution of 12 February 2003 on the Commission's White Paper on transport policy (7), Parliament drew attention to the requirement for transport policy to help foster economic and social cohesion and deal with the specific nature of outlying, island and mountain regions, and regions with low population density and also pointed out the importance of meeting the particular needs of those areas, |
| --- | --- |

U.

whereas, in its resolution of 12 February 2003 on the Commission's White Paper on transport policy (7), Parliament drew attention to the requirement for transport policy to help foster economic and social cohesion and deal with the specific nature of outlying, island and mountain regions, and regions with low population density and also pointed out the importance of meeting the particular needs of those areas,

| V. | whereas the EC Treaty lays down an obligation in relation to the outermost and island regions, |
| --- | --- |

V.

whereas the EC Treaty lays down an obligation in relation to the outermost and island regions,

| 1. | Stresses its belief that a Community cohesion policy is crucial for the development of the Union and provides essential ‘Community added value’ capable of boosting development prospects and flatly rejects any attempt to renationalise this policy; |
| --- | --- |

1.

Stresses its belief that a Community cohesion policy is crucial for the development of the Union and provides essential ‘Community added value’ capable of boosting development prospects and flatly rejects any attempt to renationalise this policy;

| 2. | Wishes to see cohesion policy focus on the objective of competitiveness by concentrating on all factors that influence economic development, ranging from human capital to research and from accessibility to infrastructure strengthening; |
| --- | --- |

2.

Wishes to see cohesion policy focus on the objective of competitiveness by concentrating on all factors that influence economic development, ranging from human capital to research and from accessibility to infrastructure strengthening;

| 3. | Firmly stresses that the principle of solidarity, which underpins the Community's cohesion policy, should apply also to regions with special geographical obstacles to development, in other words island regions, mountain areas, and sparsely populated areas; |
| --- | --- |

3.

Firmly stresses that the principle of solidarity, which underpins the Community's cohesion policy, should apply also to regions with special geographical obstacles to development, in other words island regions, mountain areas, and sparsely populated areas;

| 4. | Regards the Community Initiative Programmes as cohesion measures, as they have succeeded in promoting cooperation between regions while acquiring significant experience in the field of partnerships; |
| --- | --- |

4.

Regards the Community Initiative Programmes as cohesion measures, as they have succeeded in promoting cooperation between regions while acquiring significant experience in the field of partnerships;

| 5. | Considers that, although the Treaty makes provision for measures to assist the outermost regions, no specific provision is made for other areas affected by permanent geographical handicaps; |
| --- | --- |

5.

Considers that, although the Treaty makes provision for measures to assist the outermost regions, no specific provision is made for other areas affected by permanent geographical handicaps;

| 6. | Calls, in preparation for the next programming period, for recognition of the various special characteristics of regions which suffer from special obstacles to development because of their geography (islands, mountain regions and sparsely populated areas); considers that regions in which these various geographical handicaps slow down economic development, productive development and employment development, and which are not eligible under other Structural Funds, must be able to benefit from a revamped Objective 2; |
| --- | --- |

6.

Calls, in preparation for the next programming period, for recognition of the various special characteristics of regions which suffer from special obstacles to development because of their geography (islands, mountain regions and sparsely populated areas); considers that regions in which these various geographical handicaps slow down economic development, productive development and employment development, and which are not eligible under other Structural Funds, must be able to benefit from a revamped Objective 2;

| 7. | Calls for a specific framework for intervention aimed at providing Community support for any activity seeking to bring about a lasting reduction in permanent structural constraints or to alleviate their consequences; |
| --- | --- |

7.

Calls for a specific framework for intervention aimed at providing Community support for any activity seeking to bring about a lasting reduction in permanent structural constraints or to alleviate their consequences;

| 8. | Further proposes that, independent of their level of eligibility for future structural policies (Objectives 1 or 2, or phasing out), regions suffering from such permanent constraints may, within their respective classifications, benefit from a Community co-funding rate upgraded from 5 % to 10 % depending on the severity of the constraints suffered, and in particular whether they are subject to combined or aggravated constraints; |
| --- | --- |

8.

Further proposes that, independent of their level of eligibility for future structural policies (Objectives 1 or 2, or phasing out), regions suffering from such permanent constraints may, within their respective classifications, benefit from a Community co-funding rate upgraded from 5 % to 10 % depending on the severity of the constraints suffered, and in particular whether they are subject to combined or aggravated constraints;

| 9. | Considers that the various bodies of the Union should consider how to apply Article 158 of the Treaty, which should be read in conjunction with Declaration No 30 annexed thereto, and requires specific coordinated measures to be taken to enable less favoured regions and island regions to compete on an equal footing with more advanced areas; |
| --- | --- |

9.

Considers that the various bodies of the Union should consider how to apply Article 158 of the Treaty, which should be read in conjunction with Declaration No 30 annexed thereto, and requires specific coordinated measures to be taken to enable less favoured regions and island regions to compete on an equal footing with more advanced areas;

| 10. | Calls on the Commission to launch an open debate, in preparation for the review of the structural policy regulations for the period 2007-2013, on the best way of making provision in the new rules for areas with permanent physical handicaps, so as to cater for their specific characteristics and optimise their development prospects; |
| --- | --- |

10.

Calls on the Commission to launch an open debate, in preparation for the review of the structural policy regulations for the period 2007-2013, on the best way of making provision in the new rules for areas with permanent physical handicaps, so as to cater for their specific characteristics and optimise their development prospects;

| 11. | Believes it necessary for the specific geophysical, cultural and economic features of mountain areas, which affect their development and influence the way of life of their inhabitants, to be duly taken into account in cohesion policy while recognising their individual features and making the most of their specific potential; |
| --- | --- |

11.

Believes it necessary for the specific geophysical, cultural and economic features of mountain areas, which affect their development and influence the way of life of their inhabitants, to be duly taken into account in cohesion policy while recognising their individual features and making the most of their specific potential;

| 12. | Calls for the Structural Fund regulations to include an explicit reference to mountain regions as being disadvantaged for the purpose of agricultural activities, similar to that contained in the common agricultural policy (Article 17 of the EAGGF Regulation); |
| --- | --- |

12.

Calls for the Structural Fund regulations to include an explicit reference to mountain regions as being disadvantaged for the purpose of agricultural activities, similar to that contained in the common agricultural policy (Article 17 of the EAGGF Regulation);

| 13. | Considers it vital to tackle the problems of mountain areas as part of a transnational and crossborder cooperation strategy capable of overcoming the inevitable fragmentation and accompanying inefficiency that result from a geographically restricted approach; |
| --- | --- |

13.

Considers it vital to tackle the problems of mountain areas as part of a transnational and crossborder cooperation strategy capable of overcoming the inevitable fragmentation and accompanying inefficiency that result from a geographically restricted approach;

| 14. | Believes that consideration should be given to including an explicit reference in the Treaty to areas of the Union with low population density according to Protocol 6 to the Act of Accession for Austria, Finland and Sweden; considers that this would allow more appropriate measures to be taken at both national and Community level to combat a development handicap which has its origins in permanent natural and geographical conditions, and would also allow these specific conditions to be reflected in other European Union policies such as competition policy, environmental policy and transport policy; |
| --- | --- |

14.

Believes that consideration should be given to including an explicit reference in the Treaty to areas of the Union with low population density according to Protocol 6 to the Act of Accession for Austria, Finland and Sweden; considers that this would allow more appropriate measures to be taken at both national and Community level to combat a development handicap which has its origins in permanent natural and geographical conditions, and would also allow these specific conditions to be reflected in other European Union policies such as competition policy, environmental policy and transport policy;

| 15. | Acknowledges that long distances — to main European markets as well as within the regions — seriously hamper the competitiveness of the regions and their possibilities for development; urges that a wide-ranging assessment be carried out of the favourable effects information technology can have on sparsely populated areas; also calls for recognition of the unique cultural heritage and natural resources of the sparsely populated areas and their contribution to European added value; |
| --- | --- |

15.

Acknowledges that long distances — to main European markets as well as within the regions — seriously hamper the competitiveness of the regions and their possibilities for development; urges that a wide-ranging assessment be carried out of the favourable effects information technology can have on sparsely populated areas; also calls for recognition of the unique cultural heritage and natural resources of the sparsely populated areas and their contribution to European added value;

| 16. | Stresses the need, with a view to a future cohesion policy, for the EU, its Member States, the regions and local authorities to tackle the urgent problem of emigration and its causes, particularly in sparsely populated regions or those which are a considerable distance from central economic areas; |
| --- | --- |

16.

Stresses the need, with a view to a future cohesion policy, for the EU, its Member States, the regions and local authorities to tackle the urgent problem of emigration and its causes, particularly in sparsely populated regions or those which are a considerable distance from central economic areas;

| 17. | Believes that, as part of a more effective development strategy for islands, account must be taken in future regulations of the factors of isolation and difficulty of access referred to in the Treaty (in particular Article 158 and Declaration No 30 of the Treaty of Amsterdam) as criteria for eligibility under all actions planned under the cohesion policy; |
| --- | --- |

17.

Believes that, as part of a more effective development strategy for islands, account must be taken in future regulations of the factors of isolation and difficulty of access referred to in the Treaty (in particular Article 158 and Declaration No 30 of the Treaty of Amsterdam) as criteria for eligibility under all actions planned under the cohesion policy;

| 18. | Considers that the reform of Community competition policy must make it possible to enhance the impact of regional aid on regions with permanent geographical handicaps and to ensure that quality public services are preserved there; |
| --- | --- |

18.

Considers that the reform of Community competition policy must make it possible to enhance the impact of regional aid on regions with permanent geographical handicaps and to ensure that quality public services are preserved there;

| 19. | Calls for Article 87(3)(a) of the EC Treaty on state aids to be amended so as to cover the case of regions affected by serious or permanent geographical or demographic determinants; |
| --- | --- |

19.

Calls for Article 87(3)(a) of the EC Treaty on state aids to be amended so as to cover the case of regions affected by serious or permanent geographical or demographic determinants;

| 20. | Also considers it necessary for other Community policies, particularly on transport and environmental protection, to take account of the specific characteristics of regions with permanent geographical handicaps in the context of a European regional development policy, thus providing coherent flanking measures for cohesion policy; |
| --- | --- |

20.

Also considers it necessary for other Community policies, particularly on transport and environmental protection, to take account of the specific characteristics of regions with permanent geographical handicaps in the context of a European regional development policy, thus providing coherent flanking measures for cohesion policy;

| 21. | Points to the role that the major trans-European networks can play in order to overcome the handicap of inaccessibility and encourage competitiveness
  and territorial cohesion
  , and hopes that in future the TENs will focus more on areas with permanent handicaps; |
| --- | --- |

21.

Points to the role that the major trans-European networks can play in order to overcome the handicap of inaccessibility and encourage competitiveness
  and territorial cohesion
  , and hopes that in future the TENs will focus more on areas with permanent handicaps;

| 22. | Underlines the strategic importance of the European Spatial Development Perspective which, with a view to establishing a polycentric development model, can assist growth efforts in areas which, in addition to suffering from specific geographical handicaps, are generally remote from the central regions where economic activities are mostly concentrated; hopes that this strategic document will be reviewed, where appropriate, in the light of enlargement; |
| --- | --- |

22.

Underlines the strategic importance of the European Spatial Development Perspective which, with a view to establishing a polycentric development model, can assist growth efforts in areas which, in addition to suffering from specific geographical handicaps, are generally remote from the central regions where economic activities are mostly concentrated; hopes that this strategic document will be reviewed, where appropriate, in the light of enlargement;

| 23. | Considers it essential that the guidelines regarding state regional aids, which probably have a greater impact on the situation in these regions than do structural policies, should be redefined so that regions suffering from permanent structural constraints can benefit from reassessed net grant equivalent ceiling rates; |
| --- | --- |

23.

Considers it essential that the guidelines regarding state regional aids, which probably have a greater impact on the situation in these regions than do structural policies, should be redefined so that regions suffering from permanent structural constraints can benefit from reassessed net grant equivalent ceiling rates;

| 24. | Calls on the European Intergovernmental Conference to include in the Union's constitutional treaty recognition of permanent geographical handicaps and the need for a Community strategy to overcome them; |
| --- | --- |

24.

Calls on the European Intergovernmental Conference to include in the Union's constitutional treaty recognition of permanent geographical handicaps and the need for a Community strategy to overcome them;

| 25. | Further proposes that a legal framework be set up conferring the necessary flexibility on provisions governing state aid, by amending Article 87(3)(a) of the existing Treaty to read as follows:
  ‘The following shall be compatible with the common market:






  a) | aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment, or which suffer from serious or permanent demographic handicaps’ |
| --- | --- | --- |

25.

Further proposes that a legal framework be set up conferring the necessary flexibility on provisions governing state aid, by amending Article 87(3)(a) of the existing Treaty to read as follows:

‘The following shall be compatible with the common market:

a)

aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment, or which suffer from serious or permanent demographic handicaps’

| 26. | Considers, therefore, that there is a need to seize the opportunity offered by the drafting of the forthcoming constitutional treaty to tackle simultaneously the situation of these various regions, clarifying the provisions of Article 158 concerning islands and taking into account the situation of mountain and sparsely populated areas; |
| --- | --- |

26.

Considers, therefore, that there is a need to seize the opportunity offered by the drafting of the forthcoming constitutional treaty to tackle simultaneously the situation of these various regions, clarifying the provisions of Article 158 concerning islands and taking into account the situation of mountain and sparsely populated areas;

| 27. | Suggests, therefore, that Article 158 of the Treaty be amended (along the lines of Declaration No 30 on Island Regions, annexed to the Treaty of Amsterdam) to include the following provision: ‘[The Community] takes account of the permanent structural handicaps linked to island status, mountainous geography and low population density, particularly when these factors are combined or aggravated. In order to improve the integration of these regions into the internal market under fair conditions, it shall implement, where justified, specific measures in proportion to the severity of the constraints suffered.’; |
| --- | --- |

27.

Suggests, therefore, that Article 158 of the Treaty be amended (along the lines of Declaration No 30 on Island Regions, annexed to the Treaty of Amsterdam) to include the following provision: ‘[The Community] takes account of the permanent structural handicaps linked to island status, mountainous geography and low population density, particularly when these factors are combined or aggravated. In order to improve the integration of these regions into the internal market under fair conditions, it shall implement, where justified, specific measures in proportion to the severity of the constraints suffered.’;

| 28. | Instructs its President to forward this resolution to the Council, the Commission and the Committee of the Regions. |
| --- | --- |

28.

Instructs its President to forward this resolution to the Council, the Commission and the Committee of the Regions.

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(1)  OJ C 150, 19.5.1997, p. 62.

(2)  OJ C 195, 22.6.1998, p. 59.

(3)  OJ C 197, 12.7.2001, p. 193.

(4)  OJ C 284 E, 21.11.2002, p. 329.

(5)  P5_TA(2002)0535.

(6)  OJ C 61, 14.3.2003, p. 113.

(7)  P5_TA(2003)0054.

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