EuropeanParliamentlegislativeresolutionontheproposalforaEuropeanParliamentandCouncil
Regulation on the distribution of authorisations among Member States received through theAgreements between the European Community and the Republic of Bulgaria and between theEuropeanCommunityandtheRepublicofHungaryestablishingcertainconditionsforthecarriage
ofgoodsbyroadandthepromotionofcombinedtransport(COM(1999)667.dashC5-0335/1999.dash
1999/0264(COD))
(Codecision procedure: first reading)
The European Parliament,
;dash having regard to the Commission proposal to the European Parliament and the Council
(COM(1999) 667) (
1),
;dash having regard to Article 251(2) and Article 71 of the EC Treaty,pursuant to which the Commission
submitted the proposal to Parliament (C5-0335/1999),
;dash having regard to Rule 67 of its Rules of Procedure,
;dash having regard to the report of the Committee on Regional Policy,Transport and Tourism (A5-0085/
2000),
1. Approves the Commission proposal as amended;
2. Asks to be consulted again should the Commission intend to amend its proposal substantially or
replace it with a new text;
3. Instructs its President to forward its position to the Council and the Commission.
(1) OJ C 89 E,28.3.2000,p. 33.
4. Actionagainstanti-personnellandmines***I
A5-0286/2000
Proposal for a European Parliament and Council regulation concerning action against
anti-personnellandmines(COM(2000)111.dashC5-0158/2000.dash2000/0062(COD))
The proposal was amended as follows:
TEXT PROPOSED
BY THE COMMISSION (1)AMENDMENTS
BY PARLIAMENT
(Amendment 1)
Line preceding preamble
THE COUNCIL OF THE EUROPEAN UNION THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION
(Amendment 2)
Recital 4a (new)
(4a) The hardest part of the task of eliminating all anti-
personnellandminesstillremainstobeaccomplished,anddetermined Community leadership will need to be main-taineduntilthatgoalisfullyachieved.
(1) OJ C 248 E,29.8.2000,p. 115.12.7.2001 EN C 197/173 Official Journal of the European Communities
Wednesday25October2000
(Amendment 3)
Recital 9
(9)As part of such projects, as well as in the case of framework
programmes for the research and development of mine action technol-ogy, new and existing actions will continue to be funded from specificbudget lines, supported, complemented and co-ordinated under thisRegulation where appropriate.(9)New and existing actions will be funded from the
specific budget line for Community mine action, exceptin the case of framework programmes for the researchand development of mine action technology and de-mining programmes carried out under the heading ofhumanitarian action, which will continue to be fundedfromthebudgetlinesspecificallyprovidedforthosepro-
grammes.
(Amendment 4)
Recital 9a (new)
(9a) For the Community to be able to contribute effec-
tively topreventive action on mines, it will be necessaryalso to ensure stockpile destruction. This new task willrequire a substantial increase in Community funding formine action and should not detract from the other de-miningactivities.
(Amendment 5)
Recital 9b (new)
(9b) To destroy the stockpiles still being held by many
States would be highly advantageous in financial termsandwouldreducethepossibilityoftheminesinquestionbeingsoldontheblackmarket.
(Amendment 6)
Recital 9c (new)
(9c) Scientific research should be intensified with the
aimofdevelopingtechnologiestofacilitateminedetectionandidentifytheaffectedareaswithgreaterprecision.
(Amendment 7)
Recital 9d (new)
(9d) TheCommunityneeds tobein apositiontoascer-
tainthatthede-miningactionswhichithasfinancedhavebeen effective. It must therefore employ the appropriate
technical means, including military technology where
necessary .
(Amendment 8)
Recital 12
(12)Since the measures necessary for the implementation of
this Regulation are management measures within the meaning of
Article 2 of Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of implementingpowers conferred on the Commission, they should be adopted by
use of the management procedure provided for in Article 4 of thatDecision.(12) The measures to be taken for the implementation of
this Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying downthe procedures for the exercise of implementing powers con-ferred on the Commission.C 197/174 EN 12.7.2001 Official Journal of the European Communities
Wednesday25October2000
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 9)
Recital 14
(14) A financial reference amount, within the meaning of point 2
of the Declaration by the European Parliament, the Council and theCommission of 6 March 1995, is included in this Regulation with-out thereby affecting the powers of the budgetary authority as they aredefined by the Treaty.Deleted
(Amendment 10)
Recital 14a (new)
(14a) The Commission, in accordance with Article 3 of
the Financial Regulation applicable to the general budgetof the European Communities, will revise the financialstatement, in particular its estimated schedule of annualrequirements in appropriations, in the light of progressinimplementingthisRegulation.
(Amendment 11)
Article 2(1)(d)
(d) to respond to humanitarian emergency,prevent casualties
and assist the rehabilitation of mine victims;(d) to respond to humanitarian emergency,prevent casualties
and assist the rehabilitation of mine victims , in excep-
tional cases also in States which have not acceded totheOttawaConvention ;
(Amendment 12)
Article 2(1)(ea) (new)
(ea) to promote coordination with end users of the de-
mining equipment at the early stages of research andtosupport the use of these technologies in the poor-estmine-affectedcountries;
(Amendment 13)
Article 2(1)(eb) (new)
(eb) to encourage de-mining actions that are compatible
with the local environment and consistent with thesustainabledevelopmentoftheaffectedregion.
(Amendment 14)
Article 2(2)(e)
(e) de-mining (mine clearance to humanitarian standards) and
landmine destruction;(e) de-mining (mine clearance to humanitarian standards) and
landmine destruction , including destruction of stock-
piles;12.7.2001 EN C 197/175 Official Journal of the European Communities
Wednesday25October2000
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 15)
Article 2(2)(f)
(f)victim assistance and rehabilitation; (f) assistance for the care, rehabilitation and socio-eco-
nomicreintegrationofminevictims ;
(Amendment 16)
Article 2(4)
4. In order to ensure coherence,complementarity and
synergy within regional co-operation programmes and in the context
of humanitarian aid, rehabilitation,reconstruction and develop-
ment projects,mine actions which can be financed within the fra-
meworkof any of those programmes or projects willcontinue to be
financed from the budget line on which the principal action is
financed. Where necessary, these activities may be complemented orsupported by mine actions financed under this Regulation.4. In order to ensure greater coherence,complementarity
and synergybetween the relevant parts of rehabilitation,
reconstruction and development projects,mine actions, with
the exception of those concerning research and develop-ment and those undertaken by ECHO ,will be financed
from thespecific budget linefor Community mine action.
Multi-annual financing of mine actions will be supported
toenableplanningandcoordination.
(Amendment 17)
Article 2(4a) (new)
4a. The Commission shall establish a Central Mine
Action Unit with appropriate human and financialresources, responsible for the planning and implementa-tion of all Community mine actions, with the exceptionof those concerning research and development and thoseundertaken by ECHO. To ensure the coherence of allthese elements, this Unit will provide the overall policyframework.
(Amendment 18)
Article 3
The operations financed under this Regulation shall mainly ben-
efitcountries which are parties to the Ottawa Convention. Exceptions
may be made for humanitarian emergency, for assistance to mine vic-tims, and for actions in direct support of vulnerable civil communities,such as refugees and displaced persons, or where the national
administration is not functioning.The operations financed under this Regulation shall benefit the
civil communities most affected by landmines and unex-ploded ordnance. The Commission will take all possiblesteps to encourage States to accede to the Ottawa Con-vention,butthisshallnotaffectdecisionstofinancenon-governmentalorganisations’mineactionswhereneedhasbeen identified by local communities, including in coun-tries where the national administration is not functioning.
(Amendment 19)
Article 4(2)
2. Participation in invitations to tender and the award of contracts
shall be open on equal terms to natural and legal persons of theMember States and of the recipient country. In exceptional caseswhich are fully justified, participation may be extended to third coun-tries.DeletedC 197/176 EN 12.7.2001 Official Journal of the European Communities
Wednesday25October2000
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 20)
Article 4(2a) (new)
2a. Firms and other organisations tendering for con-
tractsshallshowthattheyhaveanoperationspolicythat
doesnotputtheiremployeesundulyatrisk,andthatsucha policy is supported by adequate employee accident andliabilityinsurance.
(Amendment 21)
Article 4a (new)
Article4a
The financial framework for the implementation of this
Regulationintheperiod2000-2006shallbe€200million.
(Amendment 22)
Article 6(1)
1. The Commission shall be assisted by the relevant geogra-
phical committee composed of representatives of the Member States
and chaired by the representative of the Commission1. The Commission shall be assisted by the appropriate
committees, each composed of a representative for each
MemberState and chaired by the representative of the Com-
mission
(Amendment 23)
Article 6(2) and (3)
2. Where reference is made to this paragraph,the manage-
ment procedure laid down in Article 4 oftheDecision 1999/
468/EC shall apply, in compliance with Article 7(3) and Article 8
thereof.2. Where reference is made to this paragraph,the advisory
procedure laid down in Article 3 of Decision 1999/468/EC
shall apply.
3.The period provided for in Article 4(3) of Decision 1999/
468/EC shall be three months3.The European Parliament shall be informed by the
Commissionofcommitteeproceedingsonaregularbasis,pursuanttoArticle7(3)ofDecision1999/468/EC.
(Amendment 24)
Article 7(3)
3. The Commission shall promote coordination and coop-
eration with other international contributors,in particular
those which form part of the United Nations system.3. The Commission shall promote coordination and coop-
eration with other international contributors,in particular
those which form part of the United Nations system , and
withnon-governmentalorganisations.
(Amendment 25)
Article 8(2), (3) and (4)
2.Financing decisions exceeding €3 million shall be taken under
the procedure laid down in Article 6(2), with the exception of emer-gency action set out in Article 9.2.Individualfinancingdecisionsshallundernocircum-
stances be submitted by the Commission to the Commit-teesreferredtoinArticle6.12.7.2001 EN C 197/177 Official Journal of the European Communities
Wednesday25October2000
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
3. The Commission shall inform the Committees referred to in
Article 6 succinctly of any financing decisions of less than €3 millionin value. This information shall be made available not later than twomonths following the adoption of the financing decision.Deleted
4. The Commission may take decisions amending financing deci-
sions adopted in accordance with the procedure laid down in Ar-ticle 6(2), where they do not entail any substantial amendments oradditional commitments in excess of 20% of the initial commitment.Deleted
(Amendment 26)
Article 9
1. The Commission shall decide on emergency action for any
amount not in excess of €5 million .1. The Commission may decide on emergency action when
deemednecessary .
2. Operations to meet immediate and unforeseeable require-
ments generated by sudden natural or man-made disasters,such as floods,famine,migration of large groups of peopletowards mine-afflicted areas,sudden peace settlements,or com-
parable situations,as well as urgent assistance in the implemen-
tation of peace agreements,shall be deemed to necessitateemergency action.2. Operations to meet immediate and unforeseeable require-
ments generated by sudden natural or man-made disasters,such as floods,famine,migration of large groups of peopletowards mine-afflicted areas,sudden peace settlements,or com-
parable situations,as well as urgent assistance in the implemen-
tation of peace agreements,shall be deemed to necessitateemergency action.
3.Where operations fulfil these conditions and are in excess of
€3 million, the Commission,having adopted its decision,shall3. The Commission,having adopted its decision,shall
(a) inform the Member States in writing within two working
days,(a) inform the Member States in writing within two working
days,
(b) account for its decision at the next meeting of the Com-
mittee concerned, in particular giving the reasons for its use of
the emergency procedure .(b) account for its decision at the next meeting of the Com-
mittee concerned.
(Amendment 27)
Article 10(1)
1. Projects shall be prioritised and appraised in terms of
theirrelevance and cost effectiveness and,where appropriate,
integrated into the wider development or reconstruction frame-work of the country or region in question.1. Projects shall be prioritised and appraised in terms of
theirpositive impact and cost-effectiveness and,where
appropriate,integrated into the wider development or recon-struction framework of the country or region in question.
(Amendment 28)
Article 10(2)
2. Wherever possible,the project should be clearly inte-
grated within a national anti-personnel landmines programme
coordinated by the beneficiary government or by an interna-
tional institution mandated for that purpose. The aim shouldbe for the project to be taken over,in due course,by the ben-eficiary government itself in order to enhance local capacityand the sustainability of the project.2. Wherever possible,the project should be clearly inte-
grated within a national anti-personnel landmines programme
coordinated by the beneficiary government , or by local
society with non-governmental organisations, or by an
international institution mandated for that purpose. The aimshould be for the project to be taken over,in due course,bythe beneficiary government itself orbylocalsocietyornon-
governmental organisations in order to enhance local capa-
city and the sustainability of the project.C 197/178 EN 12.7.2001 Official Journal of the European Communities
Wednesday25October2000
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 29)
Article 12
To facilitate multi-annual mine action coordination and pro-
gramming,an APL Strategy Paper comprising horizontal guide-
lines and priorities for Community mine actions and thebenchmarks for their achievement,shall regularly be presentedto the Committees concerned,for discussion. It shall cover
issues such as a multi-annual indicative programme and shallrefer to existing mine action programmes at country and regio-nal levels,to the contributions of other donors including Mem-ber States and to Community mine actions funded from otherbudget lines.To facilitate multi-annual mine action coordination and pro-
gramming,an APL Strategy Paper comprising horizontal guide-
lines and priorities for Community mine actions,and thebenchmarks for their achievement,shall regularly be presentedto the Committees concerned,for reference. It shall cover
issues such as a multi-annual indicative programme and shallrefer to existing mine action programmes at country and regio-nal levels,to the contributions of other donors including Mem-ber States and to Community mine actions funded from otherbudget lines.
(Amendment 30)
Article 13(2)
2. The Commission shall regularly inform the European Par-
liament and the Council of the progress of its mine actions.It shall submit a report summarising Community mine actionin the previous year to the European Parliament and to theCouncil by 30 April each year at the latest,and evaluate the
implementation of this Regulation.2. The Commission shall regularly inform the European Par-
liament and the Council of the progress of its mine actions.It shall submit a detailed and public report summarising
Community mine action in the previous year to the EuropeanParliament and to the Council by 30 April each year at thelatest,and evaluate the implementation of this Regulation.The report shall specify which actions have been imple-mentedandindicatetherespectiveamountsfromthedif-ferentbudgetlines.
EuropeanParliamentlegislativeresolutionontheproposalforaEuropeanParliamentandCouncil
regulationconcerningactionagainstanti-personnellandmines(COM(2000)111.dashC5-0158/2000.dash
2000/0062(COD))
(Codecision procedure: first reading)
The European Parliament,
;dash having regard to the Commission proposal to the European Parliament and the Council
(COM(2000) 111) (1),
;dash having regard to Article 251(2) of the EC Treaty and Article 179 of the EC Treaty,pursuant to which
the Commission submitted the proposal to Parliament (C5-0158/2000),
;dash having regard to Rule 67 of its Rules of Procedure,;dash having regard to the report of the Committee on Foreign Affairs,Human Rights,Common Security
and Defence Policy and the opinions of the Committee on Budgets and the Committee on Develop-ment and Cooperation (A5-0286/2000),
1. Approves the Commission proposal as amended;
2. Asks to be consulted again should the Commission intend to amend its proposal substantially or
replace it with another text;
3. Instructs its President to forward its position to the Council and Commission.
(1) OJ C 248 E,29.8.2000,p. 115.12.7.2001 EN C 197/179 Official Journal of the European Communities
Wednesday25October2000
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT