Proposal for a Council regulation regarding the implementation of measures to intensify the EC-Turkey customs union (COM(1998) 600 - C4-0669/1998 - 1998/0299(CNS))
Date: 1999-12-02
Institutions: Committee on Foreign Affairs, European Parliament
Subjects: EU aid, Türkiye, customs cooperation, customs union

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Thursday 2 December 1999

(cid:1) having regard to Rule 67 of its Rules of Procedure,

(cid:1) 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;

Asks to be consulted again should the Commission intend to amend its proposal ubstantially or

2.
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 ) C4-0669/1998 ) 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 to
accede to the European Union;

Whereas
the Luxembourg European Council on 12 and
13 December 1997 confirmed that Turkey was eligible to
accede 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 and
fundamental freedoms and respect for international law, which
underpin the policies of
the European Community and its
Member States;

Whereas the provisions of this Regulation are based on respect
for democratic principles, the rule of law, fundamental human
rights and freedoms, the rights of minorities, and respect for
international law and international treaties which underpin
the policies of the European Union and its Member States;

(1) OJ C 408, 29.12.1998, p. 14.

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TEXT PROPOSED
BY THE COMMISSION

Thursday 2 December 1999

AMENDMENTS
BY PARLIAMENT

(Amendment 7)

Recital 8

Whereas the Community attaches great importance to the pro-
cess on which Turkey has embarked to improve its democratic
practices, promote respect 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 involvement
of civil 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 human
rights in Turkey to the development of close ties between
that country and the European Union, in particular those
of 13 December 1995 on the human rights situation in
Turkey (1), 17 September 1998 on the Commission reports
on developments in relations with Turkey since the entry
into 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 development
of relations with Turkey and on the communication from
the 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.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

(Amendment 9)

Recital 9

Whereas a financial reference amount within the meaning of point 2
of the Declaration of the European Parliament, the Council and the
Commission of 6 March 1995 has been included in this Regulation
for the period 1999-2001, although it does not affect the competence
of the budgetary authority as defined by the Treaty;

Whereas, without prejudice to the powers of the budget-
indicative amount for the
ary authority, a multiannual
period 2000-2002 is proposed as the financial reference
which illustrates the will of
the legislative authority.
Such a reference shall be part of the multiannual financial
framework of the MEDA programme;

(Amendment 3)

Recital 9a (new)

Whereas Council Decision 1999/468/EC (1) laid down the
procedures for the exercise of implementing powers 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 15 mil-
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 illustrating the will of the legisla-
tive authority is EUR 15 million for the period 2000-2002.
This reference shall not affect the powers of the budgetary
authority as defined in the Treaty.

The budgetary authority shall set the annual funding in
relation to the appropriations available for each financial
year, taking into account the principles of sound manage-
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-
law, the Council, acting by qualified
doms, and international
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 areas
defined in Article 4, and particularly in that referring to
cooperation seeking to 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
decide to suspend all cooperation under this Regulation.

(Amendment 12)

Article 3(2a) (new)

2a.
The Commission shall, before implementing the
actions provided for in this Regulation, draw up a list of
priorities and refer its indicative programme to the com-
mittee referred to in Article 7 of this Regulation and the
bodies set up by the EU-Turkey Association Agreement
and the acts adopted on the basis thereof, and notably
the joint parliamentary committee and the EU-Turkey
joint economic and social committee.

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TEXT PROPOSED
BY THE COMMISSION

Thursday 2 December 1999

AMENDMENTS
BY PARLIAMENT

(Amendment 13)

Article 4, indent 3a (new)

) 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 technical
assistance,
training or other services, supplies and works,
along with audits and evaluation and monitoring missions.

The instruments to be employed in the course of the
2.
operations covered by this Regulation shall
include, within
the limits established during the annual budget procedure
by the budgetary authority, technical assistance, training or
other services, supplies and works, along with audits and evalu-
ation and monitoring missions.

(cid:1) cultural, social, gender and environmental aspects,

(cid:1) cultural, social and gender aspects,

(Amendment 15)

Article 6(2), indent 2

) 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-making
NGOs taking up grants.

(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 States
and chaired by the representative of the Commission, in accordance
with the following procedure.

On the basis of Decision 1999/468/EC, in particular Arti-
cles 2 and 4 thereof, the Commission shall be assisted by a
management committee, composed of the representatives
of the Member States and chaired by the representative of
the Commission.

(1) OJ L 189, 30.7.1996, p. 1.

The representative of the Commission 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.

The Commission shall adopt the measures envisaged if they are in
accordance with the opinion of the Committee.

The Commission shall ensure that the provisions of this
decision concerning transparency and informing the Euro-
pean Parliament about the committee’s work are applied
to the letter.

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TEXT PROPOSED
BY THE COMMISSION

If the measures envisaged are not in accordance with the opinion of
the Committee or if no opinion is delivered, the Commission shall
without delay submit to the Council a proposal relating to 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 shall
be adopted by the Commission.

AMENDMENTS
BY PARLIAMENT

Within one month of taking a decision, the Commission shall
the measures and projects
inform the Member States of
approved, describing their nature, the sums attached to them
and 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
the general guidelines for the operations to be carried out in the
year ahead,
the committee referred to in
Article 7.

in a meeting of

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 committee
referred 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 freedoms
and international law,

(Amendment 20)

Article 9

After each budget year, the Commission shall report to the European
Parliament and the Council, summarising the operations financed in
the course of that year and assessing the implementation of this Reg-
ulation in that period.

The summary shall
with whom implementation contracts have been concluded.

in particular contain information about those

The report shall also include a summary of the conclusions of any
evaluations, including those relating to 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 following contents:
(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 to
the operations included therein;
the forecasts for the programme and the operations to
be undertaken during the following financial year;
(d) a summary of the conclusions of any evaluations,

(c)

(e)

including those relating to specific operations;
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 take
note of it and evaluate it in good time before it considers
and adopts the Budget of the European Union.

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TEXT PROPOSED
BY THE COMMISSION

Thursday 2 December 1999

AMENDMENTS
BY PARLIAMENT

(Amendment 21)
Article 10

The Commission shall regularly evaluate operations financed
by the Community in order to establish whether the objectives
of the operations have been achieved and to provide guidelines
for improving the effectiveness of future operations. The Com-
mission shall submit to the Committee referred to in Article 7
a summary of the evaluations made, which the latter may, if
necessary, examine. Evaluation reports shall be made available
to any Member States requesting them.

The Commission shall regularly evaluate operations financed
by the Community in order to establish whether the objectives
of the operations have been achieved and to provide guidelines
for improving the effectiveness of future operations. In accor-
dance with the procedures laid down by the budgetary
authority,
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 reports
shall 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 an
overall evaluation of operations financed by the Community
under this Regulation, together with suggestions regarding the
future 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 operations
financed by the Community under this Regulation, together
with 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 ) C4-
0669/1998 ) 1998/0299(CNS))

(Consultation procedure)

The European Parliament,

(cid:1) having regard to the Commission proposal to the Council (COM(1998) 600) (1),

(cid:1) having been consulted by the Council pursuant to Article 308 of the EC Treaty (C4-0669/1998),

(cid:1) having regard to Rule 67 of its Rules of Procedure,

(cid:1) 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;

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC

2.
Treaty;

Calls on the Council to notify Parliament should it intend to depart from the text approved by Parlia-

3.
ment;

Calls for the conciliation procedure to be initiated should the Council intend to depart from the text

4.
approved by Parliament;

5.

6.

Asks to be consulted again if the Council intends to amend the Commission proposal substantially;

Instructs its President to forward its position to the Council and Commission.

(1) OJ C 408, 29.12.1998, p. 14.