European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 2792/1999 as regards a specific action for transfers of vessels to countries hit by the Tsunami in 2004 (COM(2005)0036 — C6-0036/2005 — 2005/0005(CNS))
Date: 2005-02-24
Institutions: European Parliament
Subjects: FIFG, South-East Asia, aid policy, aid to disaster victims, derogation from EU law, fishing fleet, fishing industry, fishing vessel

1.12.2005

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Official Journal of the European Union

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Thursday 24 February 2005

Article 19 of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on
markets in financial instruments (1)

Articles 31 and 43 of Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regu-
lations and administrative provisions relating to direct insurance other than life assurance (2) (third non-life
insurance Directive)

Articles 5, 7 and 8 of Directive 2003/71/EC of the European Parliament and of the Council of 4 November
2003 on the prospectus to be published when securities are offered to the public or admitted to trading (3)

(1) OJ L 145, 30.4.2004, p. 1.
(2) OJ L 228, 11.8.1992, p. 1. Directive as last amended by European Parliament and Council Directive 2002/87/EC

(OJ L 35, 11.2.2003, p. 1).
(3) OJ L 345, 31.12.2003, p. 64.

P6_TA(2005)0049

Transfers of vessels to countries hit by the tsunami in 2004 *

European Parliament legislative resolution on the proposal for a Council regulation amending Regu-
lation (EC) No 2792/1999 as regards a specific action for transfers of vessels to countries hit by the
Tsunami in 2004 (COM(2005)0036 — C6-0036/2005 — 2005/0005(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2005)0036) (1),

— having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0036/2005),

— having regard to Rules 51 and 134 of its Rules of Procedure,

Approves the Commission proposal as amended;

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

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substan-

1.

2.

3.

4.
tially;

5.

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

TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 6
TITLE

Proposal for a Council regulation amending Regulation (EC) No
2792/1999 as regards a specific action for transfers of vessels
to countries hit by the Tsunami in 2004.

Proposal for a Council regulation on a specific action for the
countries hit by the Tsunami in 2004 and providing for the
amendment of Regulation (EC) No 2792/1999 to enable
transfers of vessels to countries affected.

(1) Not yet published in OJ.

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendment 7
RECITAL 1A (new)

(1a) The Community funds intended for humanitarian aid
should also be used to rebuild the fisheries sector in the coun-
tries affected.

Amendment 8
RECITAL 1B (new)

Independently of such aid,

(1b)
the countries concerned
should be able to ask the EU to send fishing vessels, as a
first measure aimed at resolving the problems of supplying
the local population with fisheries products and at initiating
the reconstruction of the fish-catching industry in certain
areas.

Amendment 21
RECITAL 4A (new)

(4a) The possibility of transferring Community vessels is
only one part of the wider effort to help those communities
to rebuild their fishing infrastructure, and recognition should
be given to the fact that other forms of help may be more
appropriate, such as the direct transfer of funds or the use of
the skills available in the Community's own fishing commun-
ities.

Amendment 13
RECITAL 5

(5) To meet the needs of
those communities, only vessels
which are fully seaworthy, well-equipped and of an overall
the
length of
measures provided for by this Regulation.

less than 12 metres should be eligible for

(5) To meet the needs of
those communities, only vessels
which are fully seaworthy, well-equipped, adapted to local
needs as defined by the FAO and of an overall length of less
than 12 metres should be eligible for the measures provided for
by this Regulation.

Amendment 14
RECITAL 6

It is appropriate to provide for the grant of an additional
(6)
premium to cover the expenses incurred by public or private
organisations for the transport of the vessels to the third coun-
tries and to compensate owners for equipping their vessels and
making them fully seaworthy.

It is appropriate to provide for the grant of an additional
(6)
premium to cover the expenses incurred by public or private
organisations for the transport of the vessels to the third coun-
tries and to compensate owners for equipping their vessels and
making them fully seaworthy, well-equipped and adapted to
local needs as defined by the FAO.

Amendment 9
RECITAL 9A (new)

(9a) The Council should therefore earmark a sum from the
budget heading for humanitarian aid for cooperation in the
reconstruction of the fisheries sector in the countries affected
by the December 2004 tsunami.

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TEXT PROPOSED
BY THE COMMISSION

Thursday 24 February 2005

AMENDMENTS
BY PARLIAMENT

Amendment 22
RECITAL 9B (new)

(9b) Nothing in this Regulation should be taken as a posi-
tive commitment to transfer any vessels to the affected areas.
Rather, it merely opens up the possibility of such transfers
taking place if the criteria specified in this Regulation are
fulfilled.

Amendment 10
RECITAL 10

(10) Council Regulation (EC) 2792/1999 of 17 December
1999 should therefore be amended accordingly.

(10)
For cases where the countries affected ask for the
transfer of vessels, consideration should therefore be given to
amending Council Regulation (EC) 2792/1999 of 17 December
1999.

Amendment 11
ARTICLE −1 (new)

Article −1

The European Union shall allocate a sum of {…} in aid
1.
to the fisheries sectors affected by the December 2004 tsu-
nami.

It shall send experts and fishermen with the requisite skills to
help in reconstructing the affected fisheries industry.

This aid and technical assistance shall have as its pri-

2.
mary objectives:

— reconstruction of shipyards for the purpose of building

fishing vessels;

— rehabilitation of fishing ports;

— rehabilitation of the port infrastructures needed for the

unloading and sale of catch;

— reconstruction and equipping of freezer storage facilities.

3.
The sum allocated in aid pursuant to paragraph 1 shall
be fixed by the Council and shall be charged to heading 23 02
01 of Category 4 of the European Union budget (humanitar-
ian aid).

Amendment 12
ARTICLE 1, INTRODUCTORY PART

Regulation (EC) No 2792/1999 is hereby amended as follows:

In order to provide for cases where the countries affected ask
the EU to transfer vessels in order to initiate the reconstruc-
tion of their fish-catching sectors, Regulation (EC) No 2792/
1999 is hereby amended as follows:

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TEXT PROPOSED
BY THE COMMISSION

AMENDMENTS
BY PARLIAMENT

Amendments 15 and 1
ARTICLE 1, POINT 1, POINT (B)
Article 7, paragraph 3, point (d), point (ii), (Regulation (EC) No 2792/1999)

(ii)

the Member State which authorizes the transfer must
ensure that the vessel is fully seaworthy and equipped for
fishing activity, is transferred to a region affected by the
tsunami for the benefit of the fishing communities having
suffered the consequences of it and that adverse effects on
the fisheries resources and the local economy are kept to a
minimum.

(ii)

the Member State which authorizes the transfer must
ensure that the vessel is fully seaworthy and equipped for
fishing activity, suitable for fishing activities in the third
countries concerned and transferred to a region affected by
the tsunami for the benefit of the fishing communities hav-
ing suffered the consequences of it and must ensure that
there will be no adverse effects either on the sustainability
of fisheries resources or on the local economy.

Amendment 3
ARTICLE 1, POINT 1, POINT (B)
Article 7, paragraph 3, point (d), point (iii), (Regulation (EC) No 2792/1999)

(iii) the transfer must meet the needs identified by the assess-
ment of the FAO and be in accordance with the third
country's requests.

(iii) the transfer must meet the needs identified by the assess-
ment of the FAO and be in accordance with the third
country's requests. This must be ascertained by a pre-
assessment process including the FAO, specialised NGOs
local fishing communities and
and representatives of
must include the design of the vessel, the fishing oper-
ations it is intended for, the fishing equipment it is to
carry and the size and other technical specifications of
the engine.

Amendment 20
ARTICLE 1, POINT 1, POINT (B)
Article 7, paragraph 3, point (d), point (iiia) (new), (Regulation (EC) No 2792/1999)

(iiia)

the new owner of the vessel is either a citizen of the
third country, if a natural person, or, if a legal person, is
owned by citizens of the third country.

Amendment 2
ARTICLE 1, POINT 1, POINT (B)
Article 7, paragraph 3, point (d), point (iiib) (new), (Regulation (EC) No 2792/1999)

(iiib)

the transfer is accompanied by appropriate training
and educational measures,
in order to ensure that fis-
hermen are sufficiently knowledgeable and have the
necessary skills to work the equipment, guaranteeing
safety on board vessels and the overall sustainability of
fisheries.

Amendment 4
ARTICLE 1, POINT 1, POINT (C)
Article 7, paragraph 6, point (ii), indent 2, (Regulation (EC) No 2792/1999)

— to compensate the vessel owner benefiting from the pre-
mium for equipping the vessel and making it fully sea-
worthy.

— to compensate the vessel owner benefiting from the pre-
mium for equipping the vessel and making it fully sea-
worthy and suitable for fishing activities in the third
countries concerned.

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TEXT PROPOSED
BY THE COMMISSION

Thursday 24 February 2005

AMENDMENTS
BY PARLIAMENT

Amendment 5
ARTICLE 1, POINT 3
Article 18a (Regulation (EC) No 2792/1999)

Suspension of the transfer of vessels pursuant to Article 7(3)(d)

Procedure relating to the transfer of vessels pursuant to Arti-
cle 7(3)(d)

The Commission may suspend the transfer of a vessel pur-
suant to Article 7 (3) (d) if it considers that such a transfer
does not comply with the conditions laid down therein.

1. Member States shall notify the Commission of the ves-
sels for which a transfer pursuant to Article 7 (3) (d) is envis-
aged as well as the intended destination.

2. Within two months of such notification, the Commission
may inform the Member State concerned that the transfer
does not comply with the conditions laid down in Art-
icle 7 (3) (d),
If the Commission
does not inform the Member State concerned within two
months, that Member State may proceed with the transfer.

in particular 7 (3) (d) (iii).

P6_TA(2005)0050

The steel sector

European Parliament resolution on the future of the steel sector

The European Parliament,

— having regard to the Charter of Fundamental Rights of the European Union, and in particular to its
provisions regarding social rights, and to Article 136 of the EC Treaty, under which the Member States
shall have as objectives the promotion of employment, improved living and working conditions, proper
social protection, dialogue between management and labour, the development of human resources with
a view to lasting high employment and the combating of exclusion,

— having regard to Directive 2002/14/EC of the European Parliament and of the Council of 11 March
2002 (1) establishing a framework for informing and consulting employees in the European Community,
Directive 98/59/EC (2) and Directive 94/45/EC (3); whereas the two last-named directives both concern
the harmonisation of Member States' legislation on the instruments of dialogue between management
and labour,

— having regard to its previous resolutions on the steel industry and industrial restructurings and mergers,
and, in particular, that of 12 February 2004 on the crisis in the iron and steel sector on the case of
AST/Thyssen Krupp (Terni, Italy) (4), adopted unanimously,

— having regard to the continuing job losses in the steel industry in Europe,

— having regard to Rule 103(4) of its Rules of Procedure,

A. whereas Europe begun with the creation of the European Coal and Steel Community (ECSC),

B. whereas the Lisbon strategy aims to turn the EU into the world's most competitive and dynamic knowl-
edge-based economy, capable of sustained economic growth accompanied by the creation of more and
better jobs and greater social cohesion,

(1) OJ L 80, 23.3.2002, p. 29.
(2) Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Members States relating to

collective redundancies (OJ L 225, 12.8.1998, p. 16).

(3) Council Directive 94/45/EC of 22 September 1994 on the establishment of European Works Council or a procedure
in Community-scale undertakings and Community-scale groups of undertakings for the purpose of informing and
consulting employees (OJ L 254, 30.9.1994, p. 64). Directive amended by Directive 97/74/EC (OJ L 10, 16.1.1998,
p. 22).

(4) OJ C 97 E, 22.4.2004, p. 637.