A4-0325/95

Proposal for a Council Regulation on protection against injurious pricing of vessels (COM(95)0473 - C4-0548/95 - 95/0258(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 26a (new)

>Text following EP vote>

Whereas the Commission must take whatever action is required to ensure that all parties to the OECD Agreement have a uniform interpretation of the Shipbuilding Injurious Pricing Code;

(Amendment 2)

Recital 26b (new)

>Text following EP vote>

Whereas if it is to correctly apply the new injurious pricing instrument, the Commission must take whatever steps are required to verify, within major conglomerates and holding companies in non-member countries, the validity of the accounting entries used to estimate cost price structures;

(Amendment 3)

Recital 26c (new)

>Text following EP vote>

Whereas the OECD Agreement respecting normal competitive conditions in the commercial shipbuilding and repair industry and the Community legislation deriving therefrom are a matter of signal importance;

(Amendment 4)

Article 16, 1st paragraph

>Original text>

This Regulation shall enter into force on 1 January 1996. It shall not apply to vessels contracted for prior to 1 January 1996, except for vessels contracted for after 21 December 1994 and for delivery more than five years from the date of the contract. Such vessels shall be subject to this Regulation, unless the shipbuilder demonstrates that the extended delivery date was for normal commercial reasons and not to avoid the application of this Regulation.

>Text following EP vote>

1. This Regulation shall enter into force on the same day as the Agreement respecting normal competitive conditions in the commercial shipbuilding and repair industry concluded within the framework of the OECD.

2. It shall not apply to vessels contracted for prior to the date the Agreement mentioned in paragraph 1 of this article enters into force, except for vessels contracted for after 21 December 1994 and for delivery more than five years from the date of the contract. Such vessels shall be subject to this Regulation, unless the shipbuilder demonstrates that the extended delivery date was for normal commercial reasons and not to avoid the application of this Regulation.

>Text following EP vote>

3. The Commission may call for the early renegotiation of the OECD Agreement if varying interpretations of the Shipbuilding Injurious Pricing Code by the parties to the Agreement were to jeopardize normal competitive conditions. The Commission shall, if necessary, be prepared to consider invoking the withdrawal clause contained in Article 14 of the OECD Agreement.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation on protection against injurious pricing of vessels (COM(95)0473 - C4-0548/95 - 95/0258(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0473 - 95/0258(CNS),

- having been consulted by the Council pursuant to Article 113 of the EC Treaty (C4-0548/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on External Economic Relations (A4-0325/95),

1. Approves the Commission proposal subject to Parliament's amendments;

2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

4. Instructs its President to forward this opinion to the Council and Commission.