Tdash having regard to Rule 67 of its Rules of Procedure,
Tdash having regard to the report of the Committee on the Environment, Public Health and Consumer Policy
(A5-0065/1999);
1. Approves the Commission proposal as amended;
2. Asks to be consulted again should the Commission intend to amend its proposal ubstantially or
replace it with another text;
3. Instructs its President to forward its position to the Council and Commission.
7. EC-Turkey Customs Union *
A5-0070/1999
Proposal for a Council regulation regarding the implementation of measures to intensify the EC-
Turkey customs union (COM(1998) 600 bdash C4-0669/1998 bdash 1998/0299(CNS))
The proposal was amended as follows:
TEXT PROPOSED
BY THE COMMISSION(1)AMENDMENTS
BY PARLIAMENT
(Amendment 5)
Recital 1
Whereas the Luxembourg European Council on 12 and
13 December 1997 confirmed that Turkey was eligible toaccede to the European Union;Whereas the Luxembourg European Council on 12 and
13 December 1997 confirmed that Turkey was eligible toaccede to the European Union , on the basis of the same cri-
teria applicable to all applicant states;
(Amendment 1)
Recital 5a (new)
Whereas, on 13 September 1999, the Council took a deci-
sion on the allocation of funds to Turkey;
(Amendment 6)
Recital 7
Whereas the provisions of this Regulation are based on respect
for democratic principles, the rule of law, human rights andfundamental freedoms and respect for international law, whichunderpin the policies of the European Community and itsMember States;Whereas the provisions of this Regulation are based on respect
for democratic principles, the rule of law, fundamental humanrights and freedoms , the rights of minorities, and respect for
international law and international treaties which underpin
the policies of the European Unionand its Member States;
(1) OJ C 408, 29.12.1998, p. 14.C 194/60 EN 11.7.2000 Official Journal of the European Communities
Thursday 2 December 1999
(Amendment 7)
Recital 8
Whereas the Community attaches great importance to the pro-
cess on which Turkeyhas embarked to improve its democratic
practices, promoterespect for fundamental human rights and
more closely involve civil society in its development ;Whereas the Community attaches great importance to the
need for Turkey to improve and promote its democratic
practices, respect for fundamental human rights , the sound
management of public affairs and the closer involvementofcivil society in that process ;
(Amendment 8)
Recital 8a (new)
Whereas the European Parliament has adopted a number
of resolutions on the importance of respect for humanrights in Turkey to the development of close ties betweenthat country and the European Union, in particular thoseof 13 December 1995 on the human rights situation inTurkey(
1), 17 September 1998 on the Commission reports
on developments in relations with Turkey since the entryinto force of the customs union(
2), 3 December 1998 on
the communication from the Commission to the Council
and the European Parliament on the further developmentof relations with Turkey and on the communication fromthe Commission to the Council entitled ‘European Strat-egy for Turkey: the Commission’s initial operational pro-posals’(
3) and 6 October 1999 on the state of relations
between Turkey and the European Union(4);
(1) OJ C 17, 22.1.1996, p. 46.
(2) OJ C 313, 12.10.1998, p. 176.
(3) OJ C 398, 21.12.1998, p. 57.
(4) Not yet published in Official Journal.
(Amendment 2)
Recital 8b (new)
Whereas, on 6 March 1995, the European Parliament, the
Council and the Commission adopted a joint declaration
on the incorporation of financial provisions into legisla-tive acts(
1);
(1) OJ C 102, 4.4.1996, p. 4.
(Amendment 4)
Recital 8c (new)
Whereas on 6 May 1999 the European Parliament, the
Council and the Commission approved an interinstitu-
tional agreement on budgetary discipline and improve-ment of the budgetary procedure(
1);
(1) OJ C 172, 18.6.1999, p. 1.11.7.2000 EN C 194/61 Official Journal of the European Communities
Thursday 2 December 1999
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 9)
Recital 9
Whereas a financial reference amount within the meaningof point 2
of the Declaration of the European Parliament, the Council and theCommission of 6 March 1995 has been included in this Regulationfor the period 1999-2001, although it does not affect the competenceof the budgetary authority as defined by the Treaty;Whereas, without prejudice to the powers of the budget-
ary authority, a multiannual indicative amount for theperiod 2000-2002 is proposed as the financial referencewhich illustrates the will of the legislative authority.Such a reference shall be part of the multiannual financialframework of the MEDA programme;
(Amendment 3)
Recital 9a (new)
Whereas Council Decision 1999/468/EC(
1) laid down the
procedures for the exercise of implementingpowers con-ferred on the Commission.
(1) OJ L 184, 17.7.1999, p. 23.
(Amendment 10)
Article 2
The financial reference amount for this Regulation is ECU 15mil-
lion for the period 1999-2001.
The annual appropriations shall be authorised by the Budgetary
Authority within the limits of the financial perspectives.The financial reference illustratingthe will of the leg isla-
tive authority is EUR 15million for the period 2000-2002.
This reference shall not affect the powers of the budgetaryauthority as defined in the Treaty.
The budgetary authority shall set the annual funding in
relation to the appropriations available for each financialyear, takinginto account the principles of sound manag e-ment referred to in Article 2 of the Financial Regulation.
(Amendment 11)
Article 3(2)
2.When an essential element for the continuation of assistance to
Turkey is lacking, in particular in the event of the violation of demo-cratic principles, the rule of law, human rights and fundamental free-doms, and international law, the Council, acting by qualified
majority on a proposal from the Commission, may decide
upon appropriate measures.2.Where obstacles are placed to the implementation of
projects, operations and measures in any of the areasdefined in Article 4, and particularly in that referringtocooperation seekingto defend and promote democracy,the rule of law, human rights and the protection of mino-
rities, the Council, acting by qualified majority on a proposal
from the Commission or the European Parliament , may
decideto suspend all cooperation under this Regulation .
(Amendment 12)
Article 3(2a) (new)
2a. The Commission shall, before implementingthe
actions provided for in this Regulation, draw up a list ofpriorities and refer its indicative programme to the com-mittee referred to in Article 7 of this Regulation and thebodies set up by the EU-Turkey Association Agreementand the acts adopted on the basis thereof, and notablythe joint parliamentary committee and the EU-Turkeyjoint economic and social committee.C 194/62 EN 11.7.2000 Official Journal of the European Communities
Thursday 2 December 1999
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 13)
Article 4, indent 3a (new)
bdash support for programmes to repair damage caused by
the recent earthquakes;
(Amendment 14)
Article 5(2)
2. The instruments to be employed in the course of the
operations covered by this Regulation shall include technicalassistance, training or other services, supplies and works,
along with audits and evaluation and monitoring missions.2. The instruments to be employed in the course of the
operations covered by this Regulation shall include , within
the limits established duringthe annual budg et procedure
by the budgetary authority, technical assistance, training or
other services, supplies and works, along with audits and evalu-ation and monitoring missions.
(Amendment 15)
Article 6(2), indent 2
Tdash cultural, social, gender and environmental aspects, Tdash cultural, social andgender aspects,
bdash conservation and protection of the environment on
the basis of the principles of sustainable development,
(Amendment 16)
Article 6(3), second subparagraph a (new)
Special provision shall be made by the Commission for a
reduction in the obstacles to small, non-profit-makingNGOs takingup g rants.
(Amendment 17)
Article 7
The Commission shall be assisted by the committee set up by Regula-
tion (EC) No 1488/96 of 23 July 1996(
1), known as the MED
Committee, composed of the representatives of the Member Statesand chaired by the representative of the Commission, in accordancewith the followingprocedure.
(1) OJ L 189, 30.7.1996, p. 1.On the basis of Decision 1999/468/EC, in particular Arti-cles 2 and 4 thereof, the Commission shall be assisted by amanagement committee, composed of the representativesof the Member States and chaired by the representative ofthe Commission.
The representative of the Commission shall submit to the Committee
a draft of the measures to be taken. The Committee shall deliver itsopinion on the draft, within a time limit which the Chairman maylay down accordingto the urg ency of the matter. The opinion shall bedelivered by the majority laid down in Article 148(2) of the Treaty inthe case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of
the Member States within the Committee shall be weighted in the
manner set out in that Article. The Chairman shall not vote.The Commission shall ensure that the provisions of this
decision concerningtransparency and informingthe Euro-pean Parliament about the committee’s work are appliedto the letter.
The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the Committee.11.7.2000 EN C 194/63 Official Journal of the European Communities
Thursday 2 December 1999
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
If the measures envisaged are not in accordance with the opinion of
the Committee or if no opinion is delivered, the Commission shallwithout delay submit to the Council a proposal relatingto the mea-
sures to be taken. The Council shall act by qualified majority.
If, on the expiry of a period of three months from the date of referral
to the Council, the Council has not acted, the proposed measures shallbe adopted by the Commission.
Within one month of taking a decision, the Commission shall
inform the Member States of the measures and projectsapproved, describing their nature, the sums attached to themand the partners involved.Within one month of taking a decision, the Commission shall
inform the Member States and the European Parliament of
the measures and projects approved, describing their nature,the sums attached to them and the partners involved
(Amendment 18)
Article 8
An exchange of views shall take place, once a year, on the
basis of a presentation by the Commission’s representative of
thegeneral guidelines for the operations to be carried out in the
year ahead, in a meeting of the committee referred to inArticle 7.An exchange of views shall take place, once a year, in accor-
dance with the procedures laid down by the budgetary
authority, on the basis of a presentation by the Commission’s
representative of the programme for the operations to be car-
ried out in the year ahead, in a meeting of the committeereferred to in Article 7. The European Parliament shall be
informed of the proposals and of the outcome of the dis-cussions.
(Amendment 19)
Article 8a (new)
Article 8a
The Commission shall submit an annual report on pro-
gress with regard to respect for democratic principles,the rule of law, human rights and fundamental freedomsand international law,
(Amendment 20)
Article 9
After each budget year, the Commission shall report to the European
Parliament and the Council, summarisingthe operations financed in
the course of that year and assessingthe implementation of this Reg -
ulation in that period.
The summary shall in particular contain information about those
with whom implementation contracts have been concluded.
The report shall also include a summary of the conclusions of any
evaluations, includingthose relatingto specific operations.The Commission shall submit a report to the European
Parliament and to the Council each year. This report shall
contain at least the followingcontents:
(a) a detailed summary of the operations financed during
the previous financial year;
(b) the planned programme for the current financial year
and a statement of the progress made with regard tothe operations included therein;
(c) the forecasts for the programme and the operations to
be undertaken duringthe followingfinancial year;
(d) a summary of the conclusions of any evaluations,
includingthose relatingto specific operations;
(e) information on the bodies with which the agreements
or contracts have been concluded.
The annual report must be submitted to Parliament during
the first quarter of the year to enable Parliament to takenote of it and evaluate it in good time before it considersand adopts the Budget of the European Union.C 194/64 EN 11.7.2000 Official Journal of the European Communities
Thursday 2 December 1999
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
(Amendment 21)
Article 10
The Commission shall regularly evaluate operations financed
by the Community in order to establish whether the objectivesof the operations have been achieved and to provide guidelinesfor improving the effectiveness of future operations. The Com-mission shall submit to the Committee referred to in Article 7a summary of the evaluations made, which the latter may, ifnecessary, examine. Evaluation reports shall be made availableto any Member States requesting them.The Commission shall regularly evaluate operations financed
by the Community in order to establish whether the objectivesof the operations have been achieved and to provide guidelinesfor improving the effectiveness of future operations. In accor-
dance with the procedures laid down by the budgetaryauthority, the Commission shall submit to the Committee
referred to in Article 7 a summary of the evaluations made,which the latter may, if necessary, examine. Evaluation reportsshall be made available to the European Parliament and to
any Member States requesting them.
(Amendment 22)
Article 11
Three years after this Regulation enters into force, the Commission
shall submit to the European Parliament and the Council anoverall evaluation of operations financed by the Communityunder this Regulation, together with suggestions regarding thefuture of this Regulation and, where necessary, proposals for
amending it.Six months before the end of the three-year financial
framework, the Commission shall submit to the European Par-
liament and the Council an overall evaluation of operationsfinanced by the Community under this Regulation, togetherwith suggestions regarding the future of this Regulation and,
where necessary, proposals for amending it.
European Parliament legislative resolution on the proposal for a Council regulation regarding the
implementation of measures to intensify the EC-Turkey customs union (COM(1998) 600 bdash C4-
0669/1998 bdash 1998/0299(CNS))
(Consultation procedure)
The European Parliament,
Tdash having regard to the Commission proposal to the Council (COM(1998) 600)(1),
Tdash having been consulted by the Council pursuant to Article 308 of the EC Treaty (C4-0669/1998),Tdash having regard to Rule 67 of its Rules of Procedure,Tdash 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 Industry,External Trade, Research and Energy (A5-0070/1999);
1. Approves the Commission proposal as amended;
2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC
Treaty;
3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parlia-
ment;
4. Calls for the conciliation procedure to be initiated should the Council intend to depart from the text
approved by Parliament;
5. Asks to be consulted again if the Council intends to amend the Commission proposal substantially;6. Instructs its President to forward its position to the Council and Commission.
(1) OJ C 408, 29.12.1998, p. 14.11.7.2000 EN C 194/65 Official Journal of the European Communities
Thursday 2 December 1999
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT