4. Request for waiver of Mr Ribeiro e Castro’s immunity
A5-0038/2001
European Parliament decision on the request for waiver of immunity concerning Mr José Ribeiro e
Castro (2000/2178(IMM))
The European Parliament,
8dash having received a request for waiver of immunity of Mr José Ribeiro e Castro, forwarded by Judge
Maria José Simões of the First Criminal Court of Lisbon (1. Juizo Criminal de Lisboa) , on 16 May
2000 and announced in plenary sitting on 14 June 2000,
8dash having heard Mr Ribeiro e Castro, pursuant to Rule 6(3) of the Rules of Procedure, who requested that
his parliamentary immunity be waived,
8dash having regard to Article 10 of the Protocol on the Privileges and Immunities of the European Com-
munities of 8 April 1965 and to Article 4(2) of the Act concerning the election of representatives tothe European Parliament by direct universal suffrage of 20 September 1976,
8dash having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964
and 10 July 1986(
1),
8dash having regard to Article 157 of the Constitution of the Portuguese Republic,
8dash having regard to Rule 6 of its Rules of Procedure,
8dash having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0038/
2001),
1. Decides not to waive Mr José Ribeiro e Castro’s parliamentary immunity;
2. Instructs its President immediately to forward this decision and the report of its committee to the
appropriate authority of the Portuguese Republic.
(1) See Case 101/63: Wagner v. Fohrmann and Krier [1964] ECR 397 and Case 149/85: Wybot v. Faure [1986] ECR
2403.
5. Interoperability of the trans-European conventional rail system ***II
A5-0016/2001
European Parliament legislative resolution on the Council common position with a view to adopt-
ing a European Parliament and Council directive on the interoperability of the trans-European
conventional rail system (10185/1/2000 6dash C5-0564/2000 6dash 1999/0252(COD))
(Codecision procedure: second reading)
The European Parliament,
8dash having regard to the Council common position (10185/1/2000 8dash C5-0564/2000)(1),
8dash having regard to its position at first reading(2) on the Commission proposal to Parliament and the
Council (COM(1999) 617)(3),
(1) OJ C 23, 24.1.2001, p. 15.
(2) ‘Texts Adopted’, 17.5.2000, Item 8.
(3) OJ C 89, 28.3.2000, p. 11.1.10.2001 EN C 276/37 Official Journal of the European Communities
Tuesday 13 February 2001
8dash having regard to Article 251(2) of the EC Treaty,
8dash having regard to Rule 78 of its Rules of Procedure,8dash having regard to the recommendation for second reading of the Committee on Regional Policy, Trans-
port and Tourism (A5-0016/2001),
1. Approves 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;
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 Commission.
6. Safe loading and unloading of bulk carriers ***I
A5-0037/2001
Proposal for a European Parliament and Council directive establishing requirements and harmo-
nised procedures for the safe loading and unloading of bulk carriers (COM(2000) 179 6dash C5-0254/
2000 6dash 2000/0121(COD))
The proposal was amended as follows:
TEXT PROPOSED
BY THE COMMISSION(1)AMENDMENTS
BY PARLIAMENT
(Amendments 1 and 15)
Recital 16
(16) It is necessary that the competent authorities of the
Member States have the right to prevent or halt the loading or
unloading operations whenever ship or crew safety is reportedto be endangered by these operations. The authorities should
also intervene in the interests of safety in the event of disagree-
ment between the master and the terminal representative as tothe application of these procedures.(16) It is necessary that the competent authorities of the
Member States be required to prevent or halt the loading or
unloading operations whenever they have been notified and
consider ship or crew safety to be endangered by these opera-
tions. The authorities should also intervene in the interests of
safety in the event of disagreement between the master and theterminal representative as to the application of these proce-dures.It is important that the competent authority should
not have any commercial interest in the bulk loading andunloading terminal in that port. Member States should beable to empower the port State control authorities toimplement the control provisions of this Directive.
(1) OJ C 311 E, 31.10.2000, p. 240.C 276/38 EN 1.10.2001 Official Journal of the European Communities
Tuesday 13 February 2001