European Parliament legislative resolution on the proposal for a Council regulation establishing the European Union Solidarity Fund (COM(2002) 514 - C5-0441/2002 - 2002/0228(CNS))
Date: 2002-10-10
Institutions: Committee on Regional Development, European Parliament
Subjects: EU financial instrument, aid to disaster victims, emergency aid, fund (EU), man-made disaster, natural disaster

C 279 E/118

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20.11.2003

Thursday 10 October 2002

P5_TA(2002)0463

EC-Algeria Association Agreement ***

European Parliament legislative resolution on the proposal for a Council decision on the conclu-
sion of the Euro-Mediterranean agreement establishing an association between the European Com-
munity and its Member States of the one part, and the People’s Democratic Republic of Algeria of
the other part (10819/2002 (cid:1) COM(2002) 157 (cid:1) C5-0362/2002 (cid:1) 2002/0077(AVC))

(Assent procedure)

The European Parliament,

(cid:1) having regard to the proposal for a Council decision (COM(2002) 157),

(cid:1) having regard to the draft Euro-Mediterranean association agreement between the European Commun-

ity and its Member States and the People’s Democratic Republic of Algeria (10819/2002),

(cid:1) having regard to the Council’s request for Parliament’s assent pursuant to Article 300(3), second sub-

paragraph, in conjunction with Article 310 of the EC Treaty (C5-0362/2002),

(cid:1) having regard to Rules 86 and 97(7) of its Rules of Procedure,

(cid:1) having regard to the recommendation of the Committee on Foreign Affairs, Human Rights, Common

Security and Defence Policy (A5-0299/2002),

1.

Gives its assent to the conclusion of the agreement;

Instructs its President to forward its position to the Council and Commission, and the governments

2.
and parliaments of the Member States and of the People’s Democratic Republic of Algeria.

P5_TA(2002)0464

Solidarity fund *

European Parliament legislative resolution on the proposal for a Council regulation establishing
the European Union Solidarity Fund (COM(2002) 514 (cid:1) C5−0441/2002 (cid:1) 2002/0228(CNS))

(Consultation procedure)

The European Parliament,

(cid:1) having regard to the Commission proposal to the Council (COM(2002) 514),

(cid:1) having been consulted by the Council pursuant to Article 159, third paragraph, of the EC Treaty

(C5-0441/2002),

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

(cid:1) having regard to the report of the Committee on Regional Policy, Transport and Tourism and the

opinion of the Committee on Budgets (A5-0341/2002),

20.11.2003

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Official Journal of the European Union

C 279 E/119

1.

Approves the Commission proposal as amended;

Thursday 10 October 2002

2.

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

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

3.
Parliament;

Asks to be consulted again should the Council intend to amend the Commission proposal substan-

4.
tially;

5.

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

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 1

In the event of major natural, technological or environ-
(1)
mental disasters, the Community must show its solidarity with
people in the regions concerned by providing financial assist-
ance to contribute to a rapid return to normal living conditions
in the disaster-stricken regions.

In the event of major disasters, the Community must
(1)
show its solidarity with people in the regions concerned by
providing financial assistance to contribute to a rapid return
to normal living conditions in the disaster-stricken regions.

Amendment 3

Recital 2

(2)
Existing economic and social cohesion instruments are
able to finance risk-prevention measures and the repair of dam-
aged infrastructure. However, provision should also be made
for an instrument which enables the Community to act swiftly
and efficiently to help, as quickly as possible,
in mobilising
emergency services to meet people’s immediate needs and con-
tribute to the short-term restoration of damaged key infrastruc-
ture so that economic activity can resume in regions hit by a
major disaster.

(2)
Existing economic and social cohesion instruments are
able to finance risk-prevention measures and the repair of dam-
aged infrastructure. However, provision should also be made
for an additional instrument, to be distinguished from exist-
ing Community instruments, which enables the Community to
in
act swiftly and efficiently to help, as quickly as possible,
mobilising emergency services to meet people’s immediate
needs and contribute to the short-term restoration of damaged
key infrastructure so that economic activity can resume in
regions hit by a major disaster.

Amendment 4

Recital 4

(4) Community aid should be complementary to the efforts of
the countries concerned and be used to cover a share of the
public expenditure committed to dealing with the damage
caused by a major disaster.

(4) Community aid should be complementary to the efforts of
the countries concerned and be used to cover a share of the
public expenditure committed to dealing with the damage
caused by a major disaster. In fixing the amount of assistance,
any insurance claims that may arise should not be taken into
account, since processing and estimating all insurance claims
would not be possible at short notice.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 5
Recital 5

(5)
In line with the principle of subsidiarity, assistance under
this instrument should be confined to major natural, tech-
nological and environmental disasters with serious reper-
cussions on living conditions, the natural environment or the
economy.

(5)
In line with the principle of subsidiarity, assistance under
this instrument should be confined to major disasters with seri-
ous repercussions on living conditions, the natural environ-
ment or the economy.

Amendment 6
Recital 6

(6) A major disaster within the meaning of this Regulation
shall mean any disaster, in at least one of the states concerned,
resulting in important damage expressed in financial terms or
as a percentage of the GDP. In order to permit interventions in
the case of disasters that, while important do not reach the
minimum scale required, and under very exceptional circum-
stances, assistance can also be granted whenever a substantial
part of the population of the region or the state concerned is
affected by a disaster.

(6) A major disaster within the meaning of this Regulation
shall mean any disaster, in at least one of the states or regions
concerned, resulting in important damage expressed in finan-
cial terms or as a percentage of the GDP. In order to permit
interventions in the case of disasters that, while important do
not reach the minimum scale required, and under very excep-
tional circumstances, assistance can also be granted whenever a
substantial part of the population of the region or the state
concerned is affected by a disaster.

Amendment 7
Recital 7

(7) Community action should not relieve third parties of
responsibility or discourage preventive measures.

(7) Community action should not relieve third parties, who,
under the ‘polluter-pays’ principle, are liable in the first
instance for damage caused by them, of responsibility, or dis-
courage preventive measures at both Member State and Com-
munity level.

Amendment 8
Recital 8

(8) This instrument should allow a rapid decision to be taken
to commit specific financial resources and mobilise them as
quickly as possible.

(8) This instrument should allow a rapid decision to be taken
to commit specific financial resources and mobilise them as
quickly as possible. Administrative procedures should be
adjusted accordingly, and confined to the minimum abso-
lutely necessary.

Amendment 9
Recital 11

(11) An operation funded by this instrument should not
benefit for the same purpose from assistance under Council
Regulation (EC) No 1164/94 of 16 May 1994 establishing a
Cohesion Fund, Council Regulation (EC) No 1260/1999 of
21 June 1999 laying down general provisions on the Structural
Funds, Council Regulation (EC) No 1257/1999 of 17 May
1999 on support for rural development from the European
Agricultural Guidance and Guarantee Fund (EAGGF), Council
Regulation (EEC) No 3906/89 of 18 December 1989 on econ-
omic aid to the Republic of Hungary and the Polish People’s
Republic, Council Regulation (EC) No 1267/1999 of 21 June
for Structural Policies for
1999 establishing an Instrument

(11) An operation funded by this instrument should not
benefit for the same purpose from assistance under Council
Regulation (EC) No 1164/94 of 16 May 1994 establishing a
Cohesion Fund, Council Regulation (EC) No 1260/1999 of
21 June 1999 laying down general provisions on the Structural
Funds, Council Regulation (EC) No 1257/1999 of 17 May
1999 on support for rural development from the European
Agricultural Guidance and Guarantee Fund (EAGGF), Council
Regulation (EEC) No 3906/89 of 18 December 1989 on econ-
omic aid to the Republic of Hungary and the Polish People’s
Republic, Council Regulation (EC) No 1267/1999 of 21 June
for Structural Policies for
1999 establishing an Instrument

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Official Journal of the European Union

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TEXT PROPOSED
BY THE COMMISSION

Pre-accession, Council Regulation (EC) No 1268/1999 of
21 June 1999 on Community support
for pre-accession
measures for agriculture and rural development in the appli-
cant countries of central and eastern Europe in the pre-acces-
sion period, Commission Regulation (EC) No 2760/98 of
18 December 1998 concerning the implementation of a pro-
gramme for cross-border cooperation in the framework of the
PHARE programme or Council Regulation (EC) No 1266/1999
of 21 June 1999 on coordinating aid to the applicant countries
in the framework of the pre-accession strategy and amending
Regulation (EEC) No 3906/89

Thursday 10 October 2002

AMENDMENTS
BY PARLIAMENT

Pre-accession, Council Regulation (EC) No 1268/1999 of
21 June 1999 on Community support
for pre-accession
measures for agriculture and rural development in the appli-
cant countries of central and eastern Europe in the pre-acces-
sion period, Commission Regulation (EC) No 2760/98 of
18 December 1998 concerning the implementation of a pro-
gramme for cross-border cooperation in the framework of the
PHARE programme or Council Regulation (EC) No 1266/1999
of 21 June 1999 on coordinating aid to the applicant countries
in the framework of the pre-accession strategy and amending
Regulation (EEC) No 3906/89. That should not, however,
apply to the reinstatement of projects that had originally
been financed and co-financed under those Regulations.

Amendment 10
Article 2, paragraph 1

At the request of a Member State or country involved in
1.
accession negotiations with the European Union, hereinafter
referred to as ‘beneficiary state’, assistance from the Fund may
be mobilised when a major natural, technological or environ-
mental disaster with serious repercussions on living conditions,
the natural environment or the economy in one or more
regions or one or more countries occurs on the territory of
that state.

At the request of a Member State or country involved in
1.
accession negotiations with the European Union, hereinafter
referred to as ‘beneficiary state’, assistance from the Fund may
be mobilised when a major disaster with serious repercussions
on living conditions, the natural environment or the economy
in one or more regions or one or more countries occurs on the
territory of that state.

Amendment 11
Article 2, paragraph 2, subparagraph 1

2.
A major disaster within the meaning of this Regulation
shall mean any disaster resulting, in at least one of the states
concerned, in damage estimated at over EUR 1 billion, in 2002
prices, or more than 0,5 % of its GDP.

2.
A major disaster within the meaning of this Regulation
shall mean any disaster resulting, in at least one of the states
concerned, in damage estimated either at over EUR 1 billion, in
2002 prices, or more than 0,5 % of its GDP.

Amendment 12
Article 2, paragraph 2, subparagraph 2

Under very exceptional circumstances, can be included any dis-
aster affecting a substantial part of the population of the region
or state concerned.

However, under exceptional circumstances, even when the
quantitative criteria laid down in the previous subparagraph
are not met, any disaster affecting a substantial part of the
population of the specific zones concerned can be included.

Amendment 13
Article 3, paragraph 3

3.
The aim of the Fund is to help the beneficiary state to
carry out the following essential measures, depending on the
type of disaster:

3.
The aim of the Fund is to help the beneficiary state to
carry out the following essential measures, depending on the
type of disaster:

(cid:1) immediate restoration to working order of infrastructure
and plant in the fields of energy, water and waste water,
telecommunications, transport, health and education;

(cid:1) immediate restoration to working order of buildings,
infrastructure and plant in the fields of energy, water and
waste water,
transport, health and
education;

telecommunications,

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

(cid:1) providing temporary accommodation and funding rescue
services to meet the immediate needs of the people con-
cerned;

(cid:1) providing temporary accommodation and funding rescue
services to meet the immediate needs of the people con-
cerned;

(cid:1) immediate

infrastructures and
measures of immediate protection of the cultural heritage;

securing of preventive

(cid:1) immediate

infrastructures and
measures of immediate protection of the cultural heritage;

securing of preventive

(cid:1) cleaning up of disaster-stricken natural zones.

(cid:1) immediate cleaning up of all disaster-stricken areas,

including natural zones.

Amendment 14
Article 4, paragraph 1

1.
As soon as possible and no later than two months after
the first damage caused by the disaster, a state may submit an
application for assistance from the Fund to the Commission
taking account of, among other factors:

1.
As soon as possible and no later than three months after
the first damage caused by the disaster, a state may submit an
application for assistance from the Fund to the Commission
taking account of, among other factors:

(a)

the scale of the disaster;

(a)

the total damage caused by the disaster;

(b)

the estimated cost of the operations referred to in Arti-
cle 3;

(b)

the estimated cost of the operations referred to in Arti-
cle 3;

(c) any other sources of Community and national funding,
including private funding, which might contribute to the
costs of repairing the damage.

(c) any other sources of Community and national funding
which might contribute to the costs of repairing the dam-
age.

Amendment 15
Article 4, paragraph 2, suparagraph 1

On the basis of this information, and any clarifications to
2.
be provided by the state concerned,
the Commission shall
determine the amount of any possible grant as quickly as poss-
ible within the limits of the financial resources available. How-
ever, this grant must leave available 25 % of the annual amount
allocated to the Fund up to 1 October each year.

On the basis of this information, and any clarifications to
2.
be provided by the state concerned,
the Commission shall
determine the amount of any possible grant as quickly as poss-
ible within the limits of the financial resources available. How-
ever, this grant must leave available 25 % of the annual amount
allocated to the Fund up to 1 October each year according to
the provisions established in the Interinstitutional Agreement
of 6 May 1999 between the European Parliament, the Coun-
cil and the Commission on budgetary discipline and improve-
ment of the budgetary procedure (1).

(1) OJ C 172, 18.6.1999.

Amendment 17
Article 5, paragraph 1

In conformity with the specific constitutional,
institutional,
legal or financial provisions of the beneficiary state and of the
Community, the Commission and the beneficiary state, and,
where appropriate, the regional or local authorities, shall con-
clude an agreement to implement the decision to grant finan-
cial assistance. That agreement shall describe in particular the
type and location of operations to be financed by the Fund.

In conformity with the specific constitutional,
institutional,
legal or financial provisions of the beneficiary state and of the
Community, the Commission and the beneficiary state and,
possibly, the regional or local authorities, shall conclude an
agreement to implement the decision to grant financial assist-
ance. That agreement shall describe in particular the type and
location of operations to be financed by the Fund, as well as
the measures to be taken to prevent, to the extent possible, a
similar event from taking place in future.

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TEXT PROPOSED
BY THE COMMISSION

Thursday 10 October 2002

AMENDMENTS
BY PARLIAMENT

Amendment 18
Article 8, paragraph 4

Where the cost of repairing the damage is subsequently met by
a third party, the Commission shall require the beneficiary state
to reimburse a corresponding amount of the grant.

Where the cost of repairing the damage is subsequently met by
a third party, within the period set in paragraph 1, the Com-
mission shall require the beneficiary state to reimburse a cor-
responding amount of the grant,
in such a case that the
amount subsequently met by a third party was not antici-
pated by the beneficiary state or the Commission, according
to the provisions of Article 4(1) and (2).

Amendment 19
Article 10

In exceptional circumstances, having regard to the specific
nature or intensity of a disaster and the financial resources
available, notwithstanding Article 3(1) the Commission may,
within one year of the grant decision, provide a supplementary
grant at the request of the beneficiary state. This request is
supported by new elements, notably a significantly higher valu-
ation of the damages incurred. The supplementary grant shall
be awarded on the same terms as the initial grant.

In exceptional circumstances, having regard to the specific
nature or intensity of a disaster and the financial resources
available, notwithstanding Article 3(1) the Commission may,
according to the procedures established in the Interinstitu-
tional Agreement of 6 May 1999 as modified on … (date),
propose to the budgetary authority, within one year of the
grant decision, to provide a supplementary grant at the request
of the beneficiary state. This request is supported by new ele-
ments, notably a significantly higher valuation of the damages
incurred. The supplementary grant shall be awarded on the
same terms as the initial grant.

P5_TA(2002)0465

Fishing for deep-sea stocks *

European Parliament legislative resolution on the proposal for a Council regulation on establishing
specific access requirements and associated conditions applicable to fishing for deep-sea stocks
(COM(2002) 108 (cid:1) C5-0135/2002 (cid:1) 2002/0053(CNS))

(Consultation procedure)

The European Parliament,

(cid:1) having regard to the Commission proposal to the Council (COM(2002) 108) (1),

(cid:1) having been consulted by the Council pursuant to Article 37 of the EC Treaty (C5-0135/2002),

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

(cid:1) having regard to the report of the Committee on Fisheries (A5-0307/2002),

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;

(1) OJ C 151 E, 25.6.2002, p. 184.