8. Disposalofdisusedoffshoreinstallations* (procedure without report)
C5-0015/1999
ProposalforaCouncilDecisionconcerningtheapproval,onbehalfoftheCommunity,ofOSPAR
Decision98/3onthedisposalofdisusedoffshoreinstallations(COM(1999)1904dashC5-0015/19994dash
1999/0097(CNS))
(Consultation procedure)
The proposal was approved.
9. Vinylchloridemonomer* (procedure without report)
C5-0016/1999
ProposalforaCouncilDecisionconcerningtheapproval,onbehalfoftheCommunity,ofOSPAR
Decision98/4onemissionanddischargelimitvaluesforthemanufactureofvinylchloridemono-
mer, and OSPAR Decision 98/5 on emission and discharge limits in the vinyl chloride sector
(COM(1999)1904dashC5-0016/19994dash1999/0098(CNS))
(Consultation procedure)
The proposal was approved.
10.Electronicsignatures***II
A5-0034/1999
European Parliament legislative resolution on the common position established by the Council
with a view to the adoption of a European Parliament and Council Directive on a Community
frameworkforelectronicsignatures(76341/1/19994dashC5-0026/19994dash1998/0191(COD))
(Codecision procedure: second reading)
The European Parliament,
Rdash having regard to the Council common position (7634/1/1999 Rdash C5-0026/1999) (1),
Rdash having regard to its position at first reading(2) on the Commission proposal to Parliament and the
Council (COM(1998) 297)(3),
Rdash having regard to the Commission’s amended proposal (COM(1999) 195),
Rdash having regard to Article 251(2) of the EC Treaty,Rdash having regard to Rule 80 of its Rules of Procedure,
Rdash having regard to the recommendation for second reading of the Committee on Legal Affairs and the
Internal Market (A5-0034/1999),
(1) OJ C 243, 27.8.1999, p. 33.
(2) OJ C 104, 14.4.1999, p. 49
(3) OJ C 325, 23.10.1998, p. 5.5.6.2000 EN C 154/51 Official Journal of the European Communities
Wednesday27October1999
1. Amends the common position as follows;
2. Instructs its President to forward its position to the Council and the Commission.
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(Amendment 1)
Recital 16
(16) Whereas this Directive contributes to the use and legal
recognition of electronic signatures within the Community;whereas a regulatory framework is not needed for electronicsignatures exclusively used within closedsystems ; nevertheless
electronic signatures which fulfil the requirements laid down in thisDirective and which are used within closed user-groups should be leg-allyrecognised; whereas the freedom of parties to agree among
themselves the terms and conditions under which they acceptelectronically signed data should be respected to the extentallowed by national law;(16) Whereas this Directive contributes to the use and legal
recognition of electronic signatures within the Community;whereas a regulatory framework is not needed for electronicsignatures exclusively used within systems which are based
on voluntary agreements under private law between aspecified number of participants; whereas the freedom of
parties to agree among themselves the terms and conditionsunder which they accept electronically signed data should berespected to the extent allowed by national law; whereasthe
legal effectiveness of electronic signatures used in suchsystems and their admissibility as evidence in legal pro-
ceedingsmustberecognised;
(Amendment 2)
Recital 21
(21) Whereas in order to contribute to the general acceptance
of electronic authentication methods it has to be ensured thatelectronic signatures can be used as evidence in legal proceed-ings in all Member States; whereas the legal recognition of elec-tronic signatures should be based upon objective criteria andnot be linked to authorisation of the certification-service-provi-der involved; whereas national law governs the use ofelectronic
documents and electronic signatures; whereas this Directive iswithout prejudice to the power of a national court to make aruling regarding conformity with the requirements of thisDirective and does not affect national rules regarding the unfet-tered judicial consideration of evidence;(21) Whereas in order to contribute to the general acceptance
of electronic authentication methods it has to be ensured thatelectronic signatures can be used as evidence in legal proceed-ings in all Member States; whereas the legal recognition of elec-tronic signatures should be based upon objective criteria andnot be linked to authorisation of the certification-service-provi-der involved; whereas national law governs the fieldsinwhich
electronic documents and electronic signatures can be used ;
whereas this Directive is without prejudice to the power of anational court to make a ruling regarding conformity with therequirements of this Directive and does not affect national rulesregarding the unfettered judicial consideration of evidence;
(Amendment 3)
Recital 23
(23) Whereas the development of international electronic
commerce requires cross-border arrangements involving third
countries;(23) Whereas the development of international electronic
commerce requires cross-border arrangements involving third
countries;whereasinordertoensureinteroperabilityata
global level, agreements on multilateral rules with thirdcountries on mutual recognition of certification servicescouldbebeneficial;
(Amendment 4)
Article 6(1)(a)
(a) as regards the accuracy at the time of issuance of all infor-
mation contained in the qualified certificate;(a) as regards the accuracy at the time of issuance of all infor-
mation contained in the qualified certificate and as
regards the fact that the certificate contains all thedetailsprescribedforaqualifiedcertificate ;C 154/52 EN 5.6.2000 Official Journal of the European Communities
Wednesday27October1999
(Amendment 5)
Article 6(4), 2nd subparagraph (new)
The certification-service-provider shall not be liable for
damage arising from the use of a qualified certificatewhich exceeds the limit on the value of transactionsplacedonit.
11.Motorvehiclesandtrailers***II
A5-0033/1999
EuropeanParliamentlegislativeresolutiononthecommonpositionoftheCouncilwithaviewto
adopting a European Parliament and Council directive amending Council Directive 70/0221/EECon the approximation of the laws of the Member States relating to liquid fuel tanks and rearunderrun protection of motor vehicles and their trailers (8697/1/19994dash C5-0031/19994dash 1998/
0071(COD))
(Codecision procedure: second reading)
The European Parliament,
Rdash having regard to the Council common position (8697/1/1999 Rdash C5-0031/1999)(
1),
Rdash having regard to its position at first reading(2) on the Commission proposal to Parliament and the
Council (COM(1998) 97)(3),
Rdash having regard to the Commission’s amended proposal (COM(1999) 217),Rdash having regard to Article 251(2) of the EC Treaty,Rdash having regard to Rule 80 of its Rules of Procedure,Rdash having regard to the recommendation for second reading of the Committee on Legal Affairs and the
Internal Market (A5-0033/1999),
1. Amends the common position as follows;
2. Instructs its President to forward its position to the Council and the Commission.
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
(Amendment 1)
Recital 2a (new)
(2a) Whereas the accidental spillage of fuel (especially
diesel) onto the road is a significant hazard for riders oftwo-wheeledmotorvehiclesandpedalcycles;
(1) OJ C 249, 1.9.1999, p. 25.
(2) OJ C 150, 28.5.1999, p. 168.
(3) OJ C 164, 29.5.1998, p. 16.5.6.2000 EN C 154/53 Official Journal of the European Communities
Wednesday27October1999
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT