(Amendment 2)
Recital−1a(new)
(−1a) Whereas the technical legislation on road safety
should be adopted in a cohesive fashion, in the form of‘packages’ of directives, so as to raise public awareness ofthe European Union’s contribution to enhancing roadsafety;
(Amendment 3)
Recital6a (new)
(6a) Whereas the Member States of the European Union
must negotiate as soon as possible an amendment to UN-ECE Regulation No 39 to align it with the provisions ofthisDirective;
(Amendment 4)
Article 3,1st paragraph
In accordance with Article 11 of Directive 92/0061/EEC, the
equivalence between the requirements laid down in this Direc-tive and those laid down in UN-ECE Regulation No 39, in thelatest version adopted by the Community, is hereby acknowl-
edged.In accordance with Article 11 of Directive 92/0061/EEC, the
equivalence between the requirements laid down in this Direc-tive and those laid down in UN-ECE Regulation No 39, in thelatest version adopted by the Community, maybe acknowl-
edged.
(Amendment 6)
Article6(4)
4. Member States shall apply the requirements set out in the
first subparagraph of paragraph 1 as from 1 July 2001, exceptfor mopeds, to which these requirements shall be applicablefrom 1January2002.4. Member States shall apply the requirements set out in the
first subparagraph of paragraph 1 as from 1 July 2001, exceptfor mopeds, to which these requirements shall be applicablefrom 1July2002.
13.Cablewayinstallationsdesignedtocarrypassengers***II
A5-0028/1999
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 (14248/3/1998 Idash
C5-0030/1999Idash1994/0011(COD))
(Codecision procedure: second reading)
TheEuropeanParliament,
Jdash having regard to the Council’s common position (14248/3/1998 Jdash C5-0030/1999)(1),
Jdash having regard to its opinion at first reading(2) on the Commission proposal to Parliament and the
Council (COM(1993) 646)(3),
Jdash having regard to the Commission’s amended proposal (COM(1995) 523)(4),
(1) OJ C 243, 27.8.1999, p. 1.
(2) OJ C 109, 1.5.1995, p. 122.
(3) OJ C 70, 8.3.1994, p. 8.
(4) OJ C 22, 26.1.1996, p. 12.5.6.2000 EN C 154/55 Official Journal of the European Communities
Wednesday27October1999
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
Jdash having regard to Article 251(2) of the EC Treaty,
Jdash having regard to Rule 80 of its Rules of Procedure,
Jdash having regard to the recommendation for second reading of the Committee on Legal Affairs and the
Internal Market (A5-0028/1999),
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)
Recital1
(1) Whereas cableway installations designed to carry persons
are designed, manufactured, put into service and operated withthe object of providing a service to users ; whereas, principally,
cableway installations are mountain lift systems used in high-altitude tourist resorts and consisting of funicular railways,cable cars, gondolas, chairlifts and drag lifts, but may also con-sist of cableway installations used in urban transport facilities;whereas some types of cableway installation may use other,completely different basic principles which cannot be excludeda priori; whereas, therefore, provision should be made forintroducing specific requirements designed to achieve thesame safety objectives as those laid down in this Directive;(1) Whereas cableway installations designed to carry persons
are designed, manufactured, put into service and operated withthe object of carryingpersons ; whereas, principally, cableway
installations are mountain lift systems used in high-altitudetourist resorts and consisting of funicular railways, cable cars,gondolas, chairlifts and drag lifts, but may also consist of cable-way installations used in urban transport facilities; whereassome types of cableway installation may use other, completelydifferent basic principles which cannot be excluded a priori;whereas, therefore, provision should be made for introducingspecific requirements designed to achieve the same safetyobjectives as those laid down in this Directive;
(Amendment 2)
Recital6
(6) Whereas steps should be taken to define, on a Commun-
ity-wide basis, essential safety, health, environmental protectionand consumer protection requirements applicable to cablewayinstallations, subsystems and their safety components; whereas,
without this, mutual recognition of national regulatory provi-
sions would create insoluble political and technical difficultiesas regards interpretation and liability; whereas, by the sametoken, standardisation without prior definition of a frameworkof harmonised regulatory requirements is not sufficient to solvethe problems;(6) Whereas steps should be taken to define, on a Commun-
ity-wide basis, essential humansafetyandhealth, environmen-
tal protection and consumer protection requirements applicableto cableway installations, subsystems and their safety compo-
nents; whereas, without this, mutual recognition of national
regulatory provisions would create insoluble political and tech-nical difficulties as regards interpretation and liability; whereas,by the same token, standardisation without prior definition of aframework of harmonised regulatory requirements is not suffi-cient to solve the problems;
(Amendment 3)
Recital9
(9) Whereas usersfrom all Member States and even beyond
must be ensured a satisfactory level of safety; whereas, inorder to meet this requirement, it is necessary to define proce-dures and examination, control and inspection methods;whereas this necessitates the use of standardised technicaldevices which must be incorporated in cableway installations;(9) Whereas persons using cableways, from all Member
States and even beyond, must be ensured a satisfactory levelof safety; whereas, in order to meet this requirement, it isnecessary to define procedures and examination, control andinspection methods; whereas this necessitates the use of stan-dardised technical devices which must be incorporated incableway installations;C 154/56 EN 5.6.2000 Official Journal of the European Communities
Wednesday27October1999
(Amendment 4)
Recital31
(31) Whereas a modus vivendi between the European Parliament,
the Council and the Commission concerning the implementing mea-sures for acts adopted in accordance with the procedure laid down inArticle 189boftheTreaty (
1)was reachedon 20December 1994.
(1)OJ C102,4.4.1996,p.1.Deleted
(Amendment 5)
Article 1(2),1st paragraph
2. For the purposes of this Directive ‘cableway installations
designed to carry persons’ shall mean installations made up ofseveral components, designed, manufactured, assembled andput into service with the object of providingapassengertransport
service.2. For the purposes of this Directive ‘cableway installations
designed to carry persons’ shall mean capital equipment madeup of several components, designed, manufactured, assembledand put into service with the object of carryingpersons.
(Amendment 6)
Article 1(6),5thindent
Jdash on-site installations used for industrial purposes Jdash mining installations or on-site installations used for
industrial purposes;
(Amendment 7)
Article 8
1. Where a Member State ascertains that a safety component
bearing the CE conformity marking placed on the market and usedinaccordancewithitsintendedpurposeisliabletoendangerthesafetyand thehealthofpersons and, whereappropriate, thesafety of prop-erty,it shalltakeallappropriate measures torestrict its conditions ofuseor prohibit its use.(This Article is incorporated in a new Article 16a Mdash see
Amendment 10)
The Member State shall immediately inform the Commission of any
such measure, indicating the reasons for its decisions and whethernon-conformity is due,inparticular,to:
(a) failure to satisfy the essential requirements referred to in
Article 3(1);
(b) incorrect application of the European specifications referred to in
Article 2(2) insofar as application of those specifications isinvoked;
(c) a shortcoming in the European specifications referred to in Ar-
ticle2(2).
2. The Commission shall enter into consultation with the parties
concerned at the earliest opportunity. Where, after such consultation,theCommission finds that:
Mdash the measures are justified, it shall immediately so inform the
Member State which took the initiative and the other MemberStates; where the decision referred to in paragraph 1 is basedon shortcomings in European specifications, the Commission5.6.2000 EN C 154/57 Official Journal of the European Communities
Wednesday27October1999
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
shall,afterconsultingthepartiesconcerned,initiatetheprocedure
referred to in Article 2(7) if the Member State which has takenthedecision intends tomaintain it;
Mdash the measures are unjustified, it shall immediately so inform the
manufacturer or his authorised representative established in theCommunity and theMemberStatewhichtook themeasures.
3. Where a safety component bearing the CE conformity marking
is found not to comply, the competent Member State shall takeappropriate action against whomsoever affixed that marking anddrew up the EC declaration of conformity and shall so inform theCommission and theotherMemberStates.
4. The Commission shall ensure that the Member States are kept
informed oftheoutcome oftheprocedure.
(Amendment 8)
Article 12
1. WhereaMemberStateascertainsthatasubsystemwithanEC
declaration of conformity as referred to in Article 11(1), used inaccordance with its intended purpose, is liable to endanger the safetyand health of persons, and, where applicable, the safety of property,it shall take all appropriate measures to restrict its conditions of useor prohibit its use.(This Article is incorporated in a new Article 16a Jdash see
Amendment 10)
The Member State concerned shall immediately inform the Commi-
ssion of the measures taken, indicating the reasons for its decisionand whethernon-conformity is due,inparticular,to:
(a) failure to satisfy the essential requirements referred to in
Article 3(1);
(b) incorrect application of the European specifications referred to in
Article 2(2) insofar as application of those specifications isinvoked;
(c) shortcomings in the European specifications referred to in
Article 2(2).
2. The Commission shall enter into consultation with the parties
concerned at the earliest opportunity. Where, after such consultation,theCommission finds that:
Mdash the measures are justified, it shall immediately so inform the
Member State which took the initiative and the other MemberStates; where the decision referred to in paragraph 1 is based
on shortcomings in the European specifications, theCommission
shall,afterconsultingthepartiesconcerned,initiatetheprocedurereferred to in Article 2(7) if the Member State which has takenthedecision intends tomaintain it;
Mdash the measures are unjustified, it shall immediately so inform the
manufacturer or his authorised representative established in theCommunityor,intheirabsence,anynaturalorlegalpersonhav-ing placed the subsystemin question on the m arket, and theMemberStatewhichtook themeasures.C 154/58 EN 5.6.2000 Official Journal of the European Communities
Wednesday27October1999
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
3. Where a subsystemwith an EC declaration of conform ity is
found not to comply, the competent Member State shall take appro-priate action against whomsoever drew uptheEC declaration of con-
formity and shall so inform the Commission and the other Member
States.
4. The Commission shall ensure that the Member States are kept
informed oftheoutcome oftheprocedure.
(Amendment 9)
Article 15
Article 15 Article 16b
If a Member State finds that an approved installation which is
used in accordance with its intended purpose is liable to endan-ger the safety and the health of persons and, where appropri-
ate, the safety of property, it shall take all appropriate measures
to restrict the conditions of operation of the installation or toprohibit the operation thereof.If a Member State finds that an approved installation which is
used in accordance with its intended purpose is liable to endan-ger the safety and the health of persons and, where appropri-
ate, the safety of property, it shall take all appropriate measures
to restrict the conditions of operation of the installation or toprohibit the operation thereof.
(Amendment 10)
CHAPTERIVa (new)
CHAPTERIVaSAFEGUARDSArticle 16a
1. Where a Member State ascertains that a safety com-
ponent bearing the CE conformity marking placed on themarket and used in accordance with its intended purposeor a subsystem with an EC declaration of conformity asreferred to in Article 11(1), used in accordance with itsintended purpose, is liable to endanger the safety andhealth of persons, and, where applicable, the safety ofproperty, it shall take all appropriate measures to restrictthe conditions of use of the component or subsystem orprohibititsuse.
The Member State concerned shall immediately inform
the Commission of any such measure, indicating the rea-sons for its decision and whether non-conformity is due,
inparticular,to:
(a) failuretosatisfytheessentialrequirementsreferredto
inArticle 3(1);
(b) incorrect application of the European specifications
referred to in Article 2(2) insofar as application ofthosespecifications isinvoked;
(c) shortcomings in the European specifications referred
toinArticle 2(2).
2. The Commission shall enter into consultation with
the parties concerned at the earliest opportunity. Where,aftersuchconsultation, the Commissionfindsthat:
Idash the measures are justified, it shall immediately so
inform the Member State which took the initiativeand the other Member States; where the decision5.6.2000 EN C 154/59 Official Journal of the European Communities
Wednesday27October1999
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT
referredtoinparagraph1isbasedonshortcomingsin
the European specifications, the Commission shall,after consulting the parties concerned, initiate the
procedure referred to in Article 2(7) if the Member
State which has taken the decision intends to main-tainit;
Idash the measures relating to a safety component are
unjustified, it shall immediately so inform the manu-facturer or his authorised representative establishedin the Community and the Member State which tookthemeasures,
Idash the measures relating to a subsystem are unjustified,
it shall immediately so inform the manufacturer orhis authorised representative established in theCommunity or, in their absence, any natural or legalperson having placed the subsystem in question onthe market, and the Member State which took the
measures.
3. Where a safety component bearing the CE confor-
mity marking is found not to comply, the competentMemberStateshalltakeappropriateactionagainstwhom-soever affixed that marking and drew up the EC declara-tion of conformity and shall so inform the CommissionandtheotherMemberStates.
4. WhereasubsystemwithanECdeclarationofconfor-
mityisfoundnottocomply,thecompetentMemberStateshalltakeappropriateactionagainstwhomsoeverdrewupthe EC declaration of conformity and shall so inform theCommissionandtheotherMemberStates.
5. TheCommissionshallensurethattheMemberStates
arekeptinformed oftheoutcomeoftheprocedure.
(Articles8 and12aredeletedMdashseeAmendments 7and 8)
(Amendment 12)
Article22(4)
4. The Commission shall report to the European Parliament
and the Council on the implementation of this Directive, andin particularArticle18 thereof, not later than … and, if necess-
ary, submit any proposal for appropriate amendments.4. The Commission shall report to the European Parliament
and the Council on the implementation of this Directive, andin particular on Articles1(6)and 18 thereof, not later than …
and, if necessary, submit any proposal for appropriate amend-ments.
14.ECBannualreport
A5-0035/1999
European Parliament resolution on the annual report for 1998 of the European Central Bank
(C4-0211/1999)
TheEuropeanParliament,
Jdash having regard to the annual report for 1998 of the European Central Bank (C4-0211/1999),
Jdash having regard to Article 113 of the Treaty establishing the European Union,
Jdash having regard to Article 15 of the Statute of the European System of Central Banks and of the Euro-
pean Central Bank,C 154/60 EN 5.6.2000 Official Journal of the European Communities
Wednesday27October1999
COMMON POSITION
OF THE COUNCILAMENDMENTS
BY PARLIAMENT