A4-0294/96

Decision on the common position established by the Council with a view to the adoption of a Council Directive on marine equipment (C4-0370/96 - 95/0163(SYN))

(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council ((OJ C 248, 26.8.1996, p. 10.)), C4-0370/96 - 95/0163(SYN),

- having regard to its opinion at first reading ((OJ C 339, 18.12.1995, p. 21.)) on the Commission proposal to the Council, COM(95)0269 ((OJ C 218, 23.8.1995, p. 9.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Transport and Tourism (A4-0294/96,

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Article 3(3)

>Original text>

3. Notwithstanding the fact that the equipment referred to in paragraph 1 may fall within the scope of Directives other than this Directive for the purposes of free movement, and in particular Council Directives 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility and 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment, that equipment shall be subject only to this Directive, to the exclusion of all others for those purposes. This paragraph shall not apply to radiocommunications equipment.

>Text following EP vote>

3. Notwithstanding the fact that the equipment referred to in paragraph 1 may fall within the scope of Directives other than this Directive for the purposes of free movement, and in particular Council Directives 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility and 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment, that equipment shall be subject only to this Directive, to the exclusion of all others for those purposes.

(Amendment 2)

Article 9(3a) (new)

>Text following EP vote>

3a. The Member States shall ensure that the bodies which they appoint as notified bodies provide all the necessary guarantees of independence (financial, administrative and other) from the manufacturers or suppliers of the equipment which they are evaluating.

(Amendment 3)

Article 18(1) and (2)

>Original text>

1. The Commission shall be assisted by the committee set up by Article 12 of Council Directive 93/75/EC of 13 September 1993 concerning minimum requirements for vessels bound for or leaving Community ports and carrying dangerous or polluting goods1 in accordance with the procedure laid down in this Article.

>Text following EP vote>

1. The Commission shall be assisted by a committee of an advisory nature composed of the representatives of the Member States and chaired by the representative of the Commission.

>Original text>

2. The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal 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.

_______________

1 OJ L 247, 5.10.1993, p. 19.

>Text following EP vote>

2. The Commission representative shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.

2a. The opinion shall be recorded in the minutes: in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.

2b. The committee shall meet in public. It shall publish agendas two weeks in advance of its meetings. It shall publish minutes of its meetings. It shall establish a public register of declarations of interest by its members.