Source: EURLEX
Language: en
Format: md

No C 167 / 10 EN Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

MINUTES OF PROCEEDINGS OF THE SITTING OF TUESDAY, 13 MAY 1997

( 97 / C 167 / 02 )

PART I

Proceedings of the sitting

IN THE CHAIR : Mr ANASTASSOPOULOS

Vice-President

Paper for a Community Strategy ( COM(96)0576 — C4 ­
0623 / 96 ) — Committee on Research, Technological Develop ­
ment and Energy

Rapporteur : Mrs Rothe
( The sitting opened at 9 a.m .) ( A4-0 168 / 97 )

1 . Approval of Minutes

Mr Haarder had informed the Chair that he had been present
the previous day but that his name was not on the attendance
register .

Mr Vecchi and Mrs Evans made statements to the same effect .

Mr Hallam referred to the President 's reply to his remarks the
previous day on religious sects ( Item 2 ).

The Minutes of the previous sitting were approved .

The following spoke :

— Mr Colom i Naval, who referred to the list of questions for
Question Time to the Commission that day ( B4-0 165 / 97 ) and
noted that a question he had tabled which came under
Commissioner Van Miert 's area of responsibility had not been
included in the list of questions for Mr Van Miert, but in the

' other questions ' section, while the questions for Mr Van Miert
included some which had been tabled after his ; he asked on the
basis of which Rule this decision had been taken ( the President
noted this request );

— Mr Ephremidis, who said that he had written some time
ago to the President to ask for Greek interpreting to be
provided during a forthcoming mission to Kazakhstan by the
Delegation for relations with Kazakhstan, of which he was
vice-chairman, but had not yet received a reply ; he asked for a
reply as soon as possible ( the President undertook to see that
this was done );

2 . Documents received

The President announced that he had received from a commit ­

tee the following report :

— Report on the communication from the Commission on
Energy for the Future : Renewable Sources of Energy — Green

3 . Topical and urgent debate ( motions for reso ­

lutions tabled )

The President announced that he had received from the

following Members or political groups requests for the inclu ­
sion in the debate on topical and urgent subjects of major
importance of motions for resolutions pursuant to Rule 47(1 ):

— Poggiolini, Bianco, Burtone, Carlo Casini, Pier Ferdinan ­
do Casini, Castagnetti, Colombo Svevo, D'Andrea, Ebner,
Ferri, Filippi, Fontana, Graziani, Secchi, Viola, Oomen Ruijten, Provan and Martens, on behalf of the PPE Group, on
the fire which devastated the dome of Turin Cathedral

( B4-0353 / 97 );

— Fassa and Andre-Leonard, on behalf of the ELDR Group,
on the forthcoming elections in Algeria ( B4-0354 / 97 );

— Andre-Leonard, Goerens and Haarder, on behalf of the
ELDR Group, on the situation of child prostitution in Cambod ­
ia ( B4-0356 / 97 );

— Frischenschlager and Cars, on behalf of the ELDR Group,
on Eastern Slovenia ( B4-0357 / 97 );

— Cars, on behalf of the ELDR Group, on Iran ( B4-0358 / 97 );

— Plooij-van Gorsel, Haarder and Cox, on behalf of the
ELDR Group, on China ' punishing ' Denmark and the Nether ­
lands for having tabled a resolution denouncing human rights
abuses in that country during the 53rd session of the UN
Human Rights Commission ( B4-0359 / 97 );

— Arroni, Baldi, Florio, Garosci, Ligabue, Boniperti, Podes ­
tà, Malerba, Parodi, on behalf of the UPE Group, Secchi, on
behalf of the PPE Group, Caligaris, Non-attached Member,
Dell ' Alba, on behalf of the ARE Group, Vinci, on behalf of the
GUE / NGL Group, Bontempi, on behalf of the PSE Group, on
the fire which damaged the Palazzo Reale and the Holy Shroud
Chapel in Turin ( B4-0361 / 97 );

— Newens, on behalf of the PSE Group, on human rights
abuses in Bahrain ( B4-0362 / 97 );

— Apolinário, d'Ancona, Dury and Van Lancker, on behalf
of the PSE Group, on workers ' rights to human dignity and the
NGOs ' Clean Clothes campaign ( B4-0363 / 97 );

2.6.97 EN Official Journal of the European Communities No C 167 / 11

Tuesday, 13 May 1997

— Apolinário, on behalf of the PSE Group, on the human
rights situation in the Socialist Republic of Vietnam ( B4 ­
0364 / 97 );

— d'Ancona, on behalf of the PSE Group, on the support of
the ongoing peace negotiations between the Government of the
Republic of the Philippines ( GRP ) and the National Democrat ­
ic Front of the Philippines ( B4-0365 / 97 );

— Malone, on behalf of the PSE Group, on Kenya ( B4 ­
0366 / 97 );

— Bontempi and Green, on behalf of the PSE Group, on the
fire which devastated the dome of Turin Cathedral ( B4 ­
0367 / 97 );

— Happart, on behalf of the PSE Group, on the French
Government 's obstruction of the Dassault affair ( B4-0368 / 97 );

— d'Ancona, on behalf of the PSE Group, on the human
rights situation in Cuba and the case of Jose Angel Carrasco
Vela ( B4-0369 / 97 );

— Karamanou, Roubatis and Schulz, on behalf of the PSE
Group, on the release of Işik Yurtçu ( B4-0370 / 97 );

— Wiersma, Hoff and Paasilinna, on behalf of the PSE
Group, on the situation of children in Central and and Eastern
Europe ( B4-0371 / 97 );

— McGowan, on behalf of the PSE Group, on Western
Sahara ( B4-0372 / 97 );

— Colom i Naval, Terron i Cusí and Verde i Aldea, on behalf
of the PSE Group, on the ban on pork products from Catalonia
entering Portugal ( B4-0373 / 97 );

— Garcia Arias, on behalf of the PSE Group, on Iran
( B4-0374 / 97 );

— Ainardi, Sierra Gonzalez, Miranda, Sjöstedt, Alavanos and
Ephremidis, on behalf of the GUE / NGL Group, on Western
Sahara ( B4-0381 / 97 );

— Vandemeulebroucke, on behalf of the ARE Group, on the
WTO experts report on hormones ( B4-0387 / 97 );

— Andre-Leonard, on behalf of the ELDR Group, on the
elections in Indonesia ( B4-0388 / 97 );

— Fassa, on behalf of the ELDR Group, on Western Sahara
( B4-0389 / 97 );

— De Clercq, Plooij-van Gorsel and Gasòliba i Bohm, on
behalf of the ELDR Group, on the Helms-Burton Act ( B4 ­
0393 / 97 );

— La Malfa, Cars and Frischenschlager, on behalf of the
ELDR Group, on Kosovo ( B4-0394 / 97 );

— Andre-Leonard, on behalf of the ELDR Group, on Viet ­
nam ( B4-0395 / 97 );

— Fassa and Andre-Leonard, on behalf of the ELDR Group,
on the situation in Sudan ( B4-0396 / 97 );

— Pasty and Azzolini, on behalf of the UPE Group, on human
rights in Vietnam ( B4-0397 / 97 );

— Medina Ortega and Hindley, on behalf of the PSE Group,
on suspension of the WTO dispute settlement procedure
concerning the Helms-Burton and D'Amato - Kennedy Acts
( B4-0398 / 97 );

— Azzolini, Pasty, Chesa and Malerba, on behalf of the UPE
Group, on the Helms-Burton Act ( B4-0399 / 97 );

— Dell'Alba and Leperre-Verrier, on behalf of the ARE
Group, on Helms Burton ( Cuba ) and the EU-US agreement
( B4-0401 / 97 );

— Dupuis and Hory, on behalf of the ARE Group, on the
situation in Iran ( B4-0402 / 97 );

— Taubira-Delannon, on behalf of the ARE Group, on the
plight of prisoners in Guyana ( B4-0403 / 97 );

— Kouchner, on behalf of the ARE Group, on the Sudan
( B4-0404 / 97 );

— Dupuis, Hory and Dell'Alba, on behalf of the ARE Group,
on the death penalty ( B4-0405 / 97 );

— Castellina, Gonzalez Alvarez, Wurtz, Manisco, Novo,
Ephremidis, Eriksson, Seppanen and Alavanos, on behalf of
the GUE / NGL Group, on the arrangement concerning the
Helms-Burton Act ( B4-0406 / 97 );

— Ephremidis, Pailler and Alavanos, on behalf of the GUE /
NGL Group, on the human rights situation and freedom of
expression in Turkey ( B4-0407 / 97 );

— Vinci, Marset Campos, Pettinari, Seppanen and Eriksson,
on behalf of the GUE / NGL Group, on relations between the
EU and Iran ( B4-0408 / 97 );

— Pettinari, Svensson, Ojala, Jove Peres and Ephremidis, on
behalf of the GUE / NGL Group, Kinnock, on behalf of the PSE
Group, on the situation in Sudan ( B4-0409 / 97 );

— Carnero Gonzalez, Gonzalez Alvarez, Gutierrez Diaz,
Jove Peres, Marset Campos, Mohamed All, Puerta, Sierra
Gonzalez and Sornosa Martinez, on behalf of the GUE / NGL
Group, on the arrest of a businessman in the US ( B4-04 10 / 97 );

— Gonzalez Alvarez and Novo, on behalf of the GUE / NGL
Group, on the expulsion of members of human rights organi ­
zations from Mexico ( B4-041 1 / 97 );

— Puerta, Sornosa Martinez, Carnero Gonzalez, Gutierrez
Diaz, Vinci and Ephremidis, on behalf of the GUE / NGL
Group, on the army assault on the Japanese embassy in Lima
( Peru ) ( B4-04 12 / 97 );

— Vinci and Mohamed All, on behalf of the GUE / NGL
Group, on the situation in the Philippines ( B4-04 13 / 97 );

— Sornosa Martinez, on behalf of the GUE / NGL Group, on
the rights of children and the ' Clean Clothes ' campaign of
European NGOs ( B4-04 14 / 97 );

— Telkämper and Aelvoet, on behalf of the V Group, on the
Sudan ( B4-04 15 / 97 );

— Roth, on behalf of the V Group, on the draft protocol on
the immunity of Europol officers ( B4-04 16 / 97 );

No C 167 / 12 EN Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

— Aglietta, on behalf of the V Group, on the imminent
execution of a man under sentence of death in the US ( Arizona )
( B4-04 17 / 97 );

— Bloch von Blottnitz, Miiller and Holm, on behalf of the
V Group, on the famine in North Korea ( B4-0418 / 97 );

— McKenna and Schroedter, on behalf of the V Group, on the
obstruction of medical and humanitarian aid to victims of the

Chernobyl disaster by the Governement of Belarus ( B4 0419 / 97 );

— Aglietta, Ripa di Meana, Tamino and Orlando, on behalf
of the V Group, on the fire which devastated the dome of Turin
Cathedral ( B4-0420 / 97 );

— Kreissl-Dörfler, Telkämper, Aelvoet, Schörling and Holm,
on behalf of the V Group, on practical measures to combat
child labour ( B4-042 1 / 97 );

— Gahrton, Kreissl-Dörfler and Van Dijk, on behalf of the
V Group, on human rights abuses in Bahrain ( B4-0422 / 97 );

— Telkämper, Kreissl-Dörfler and Tamino, on behalf of the
V Group, on the human rights situation in Mexico ( B4 ­
0423 / 97 );

— Holm, on behalf of the V Group, on peace negotiations in
the north and east of India ( B4-0424 / 97 );

— Roth, Aelvoet, Lannoye and Kreissl-Dörfler, on behalf of
the V Group, on human rights violations by the Eurogold
company in Pergamon ( Turkey ) ( B4-0425 / 97 );

— Roth and Aelvoet, on behalf of the V Group, on the human
rights situation in Turkey ( B4-0426 / 97 );

— Bernard-Reymond and Oomen-Ruijten, on behalf of the
PPE Group, on human rights in Vietnam ( B4-0435 / 97 );

— Moorhouse, Maij-Weggen and Oomen-Ruijten, on behalf
of the PPE Group, on Jose Ramos Horta in particular and
human rights violations in Indonesia in general ( B4-0436 / 97 );

— Oostlander and Oomen-Ruijten, on behalf of the PPE
Group, on the situation of vulnerable people in Central and
Eastern Europe ( B4-0437 / 97 );

— Habsburg-Lothringen and Salafranca Sánchez-Neyra, on
behalf of the PPE Group, on Peru ( B4-0438 / 97 );

— Poggiolini and Oomen-Ruijten, on behalf of the PPE
Group, on the fire which devastated the dome of Turin
Cathedral ( B4-0439 / 97 );

— Ferrer, Fabra Valles and Oomen-Ruijten, on behalf of the
PPE Group, on the ban on pork products from Catalonia
entering Portugal ( B4-0440 / 97 );

— Salafranca Sánchez-Neyra and Oomen-Ruijten, on behalf
of the PPE Group, on the EU-Latin America interparliamentary
conference ( B4-0441 / 97 ).

The President announced that, pursuant to Rule 47(2 ), first
subparagraph, Parliament would be informed at the end of the
morning 's sitting of the list of subjects to be included on the
agenda for the next debate on topical and urgent subjects of
major importance to be held from 3 to 6 p.m . on Thursday,

15 May .

— Telkämper, Kreissl-Dörfler and Tamino, on behalf of the 4 . Request for urgent procedure
V Group, on the human rights situation in Peru ( B4-0427 / 97 );

— Telkämper, Hautala, McKenna and Van Dijk, on behalf of
the V Group, on human rights violations in Indonesia ( B4 ­
0428 / 97 );

— Kreissl-Dörfler, Telkämper and Lannoye, on behalf of the
V Group, on the agreement concerning the Helms-Burton Act
( B4-0429 / 97 );

— Roth, Gahrton, Voggenhuber and Cohn-Bendit, on behalf
of the V Group, on Iran ( B4-0430 / 97 );

— Telkämper, on behalf of the V Group, on Sahara ( B4 ­
0431 / 97 );

— Kittelmann, Salafranca Sánchez-Neyra and Oomen-Ruijt ­
en, on behalf of the PPE Group, on suspension of the WTO
dispute settlement procedure concerning the Helms-Burton
and D'Amato-Kennedy Acts ( B4-0432 / 97 );

The President announced that the Council had asked for urgent
procedure, pursuant to Rule 97, in respect of the following
proposal :

— Proposal for a Council Decision authorizing Member
States to continue to apply to certain mineral oils, when used
for specific purposes, existing reduced rates of excise duty or
exemptions from excise duty, in accordance with the pro ­
cedure provided for in Article 8(4 ) of Directive 92 / 81 / EEC
## ( COM(96)0549 - C4-0071 / 97 - 96 / 0263(CNS )

Reason for request

The Ecofin Council would have to take a decision on this

subject at its meeting of 9 June to avoid a legal vacuum .

Parliament would vote on this request at the beginning of the
following day 's sitting .

— Dimitrakopoulos, Maij-Weggen and Oomen-Ruijten, on
behalf of the PPE Group, on Iran ( B4-0433 / 97 ); 5 . Decision on urgent procedure

— Fernandez Martin and Oomen-Ruijten, on behalf of the
PPE Group, on the situation in Sudan ( B4-0434 / 97 );

The next item was the decision on a request for urgent
procedure, pursuant to Rule 97 .

2 . 6 . 97 EN Official Journal of the European Communities No C 167 / 13

Tuesday, 13 May 1997

— Proposal for a European Parliament and Council Directive
amending for the third time Directive 83 / 1 89 / EEC laying down
a procedure for the provision of information in the field of
technical standards and Regulations ( COM(96)0392 — C4 ­
0466 / 96 — 96 / 0220(COD )) ***I ( Hendrick report — A4 ­
0147 / 97 )

Mr von Wogau, chairman of the Committee on Economic and
Monetary Affairs, which was the committee responsible,
spoke .

The request was approved .

The Hendrick report on this subject would be included on the
agenda for the sitting of Friday 16 May .

The deadline for tabling amendments would be 10 a.m . on
Wednesday, 14 May .

8 . Agricultural structures, agricultural pro ­

ducts and producer groups  - ( debate )

Mrs Redondo Jimenez introduced her report, drawn upon
behalf of the Committee on Agriculture and Rural Develop ­
ment, on the proposals for Regulations on : I. improving the
efficiency of agricultural structures ( COM(96)0058 — C4 ­
0234 / 96 — 96 / 0044(CNS )) II . improving the processing and
marketing conditions for agricultural products ( COM(96)0058
— C4-0235 / 96 — 96 / 0045(CNS )) III . producer groups and
associations thereof ( COM(96)0058 — C4-0236 / 96 — 96 /
0046(CNS )) ( A4-0 132 / 97 ).

The following spoke : Mr Fantuzzi, on behalf of the PSE
Group, Mrs Keppelhoff-Wiechert, on behalf of the PPE Group,
Mr Rosado Fernandes, on behalf of the UPE Group, Mr Graefe
zu Baringdorf, on behalf of the V Group, Mrs Raschhofer,
Non-attached Member, Mr Santini, Mr Novo and Mr Fischler,

Member of the Commission .

The President closed the debate .

6 . Official welcome
Vote : Item 17 .

On behalf of Parliament, the President welcomed a group of
winners of an inter-school essay competition ' Europe Against
Racism ' who had taken their seats in the official gallery . 9 . Preliminary draft budget for 1998 ( presenta ­

tion )

7 . Organic production of agricultural pro ­

ducts  - ( debate )

Mrs Barthet-Mayer introduced her report, drawn up on behalf
of the Committee on Agriculture and Rural Development, on
the proposal for a Council Regulation supplementing Regula ­
tion ( EEC ) No 2092 / 91 on organic production of agricultural
products and indications referring thereto on agricultural
products and foodstuffs to include livestock production
## ( COM(96)0366 - C4-0481 / 96 - 96 / 0205(CNS )) ( A4-0156 /

97 ).

The following spoke : Mr Tamino, draftsman of the opinion of
the Committee on the Environment, Mr Fantuzzi, on behalf of
the PSE Group, Mr Ebner, on behalf of the PPE Group,
Mr Santini, on behalf of the UPE Group, Mrs Anttila, on behalf
of the ELDR Group, Mr Graefe zu Baringdorf, on behalf of the
V Group, Mr Nicholson, on behalf of the I-EDN Group,
Mrs Raschhofer, Non-attached Member, Mr Needle, Mrs Kep ­
pelhoff-Wiechert, Mrs Guinebertière, Mr Mulder, Mr Iversen,
Mrs Redondo Jimenez, Mrs Poisson, Mr Olsson, Mrs Hard ­
staff, Mr Cunha, Mrs Piha and Mr Fischler, Member of the

Commission .

IN THE CHAIR : Mr CAPUCHO

Vice-President

The President closed the debate .

Vote : Minutes ot 14.5.1997, Part I, Item 12 .

The President pointed out that the vote would only take place
the following day to enable the Legal Affairs Committee to
give its opinion on the amendment of the legal basis .

Mr Liikanen, Member of the Commission, presented the
preliminary draft budget for the 1 998 financial year .

The following spoke : Mr Tillich, general rapporteur, and
Mr Liikanen .

The President closed the debate .

10 . Emissions by non-road mobile machine ­

ry ***H ( debate )

Mr Kenneth Collins introduced the recommendation for

second reading drawn up on behalf of the Committee on the
Environment, Public Health and Consumer Protection on the
common position established by the Council with a view to the
adoption of a European Parliament and Council Directive on
the approximation of the laws of the Member States relating to
the measures to be taken against the emission of gaseous and
particulate pollutants from internal combustion engines to be
installed in non-road mobile machinery ( C4-0072 / 97 — 95 /
0209(COD )) ( A4-01 36 / 97 ).

The following spoke : Mrs Dybkjær, on behalf of the ELDR
Group, and Mrs Bjerregaard, Member of the Commission .

The President closed the debate .

Vote : Item 15 .

11 . Biocidal products *** II ( debate )

Mrs K. Jensen introduced the recommendation for second

reading drawn up on behalf of the Committee on the Environ ­
ment, Public Health and Consumer Protection on the common
position established by the Council with a view to the adoption
of a European Parliament and Council Directive on the placing
of biocidal products on the market ( C4-0006 / 97 — 00 /
0465(COD )) ( A4-01 37 / 97 ).

No C 167 / 14 EN Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

The following spoke : Mr Bowe, on behalf of the PSE Group,
Mrs Schleicher, on behalf of the PPE Group, Mrs Baldi, on
behalf of the UPE Group, Mrs Dybkjær, on behalf of the ELDR
Group, Mr Lannoye, on behalf of the V Group, Mrs Breyer and
Mrs Bjerregaard, Member of the Commission .

The President closed the debate .

Vote : Item 16 .

IN THE CHAIR : Mrs PERY

Vice-President

Amendments adopted : 2 by EV ( 350 for, 7 against, 3 absten ­

tions ); 3 ; 4 ; 5 ; 6 ; 7 ; 14 ; 9 ; 10 ; 11 ; 13
( Part II, Item 2 )

Amendments rejected : 1 ; 15 ( 1st part ) by EV ( 231 for, 193
against, 0 abstentions ); 12

Amendments fallen : 15 ( 2nd and 3rd parts ); 8

The following spoke during the vote :

— Mr Ford, rapporteur, asked for the vote on the first part of
am . 1 5 to be taken again as in his view it had not been clear
what exactly had been put to the vote ; Mrs Aelvoet then spoke
on the remainder of the split vote .

Separate votes : am . 4 ( ELDR ); 10 ( UPE ); 12 ( ELDR, PPE )
VOTING TIME

Split votes :

12 . Collective redundancies - ( Rule 99 ) ( vote ) am . 15 ( PSE )

Proposal for a Council Directive on the approximation of the
laws of the Member States relating to collective redundancies
( codified version ) ( COM(96)0620 — C4-0033 / 97 — 96 /
0290(CNS ))

1st part : text without the words ' all gifts or ' and ' or officials of
the Institution '

2nd part : the words ' all gifts or '
3rd part : the words ' or officials of the Institution '

referred to

PROPOSAL FOR A DECISION
responsible : LEGA
opinion : ESOC

( Simple majority required )

Parliament adopted the decision by RCV ( PSE )

Members voting : 419
For : 397

## PROPOSAL FOR A DIRECTIVE ( COM(96)0620 - C4 ­ Against : 1 7 0033 / 97 - 96 / 0290(CNS )) Abstentions : 5

Parliament approved the Commission proposal ( Part 11,
Item 1 ).

13 . Amendment of Parliament 's Rules of Pro ­

cedure ( Code of Conduct governing lobbyists )
( vote )
Ford report — A4-0 107 / 97
( Qualified majority required )

PARLIAMENT 'S RULES OF PROCEDURE

( The V Group supported am . 15 )

The following spoke :

— Mrs Green, on behalf of the PSE Group, who explained her
group 's position on am . 1 and thought that the modification
contained in this am . should be discussed as part of the Lehne
report on the same subject ; she pointed out that her group was
prepared to abstain in the vote on this amendment ;

— Mr Martens who, on behalf of the PPE Group, agreed with
Mrs Green and announced his group would also abstain ;

— Mr Pasty, on behalf of the UPE Group, who first pointed
out that his group would vote in favour of the amendment and
then asked that in future consultation on such problems should
not be limited to the two largest groups .

( Part 11, Item 2 ).

The new pro vi sons would enter into force on the first day of the
next part-session .

14 . Amendment of Parliament 's Rules of Pro ­

cedure ( Rule 116 ) ( vote )
Brendan Patrick Donnelly report — A4-0089 / 97
( Qualified majority required )

The rapporteur referred to the agreement reached the previous
evening ( Item 9 of Minutes ) and on behalf of the PPE Group
asked for the report to be referred back to committee pursuant
to Rule 129 .

Parliament agreed to this request .

15 . Emissions by non-road mobile machine ­

ry *** II ( vote )
Recommendation for 2nd reading by Mr Kenneth D.
Collins   - A4-0 136 / 97

( Qualified majority required )

COMMON POSITION OF THE COUNCIL C4-0072 / 97 
95 / 0209(COD )

Amendments adopted : 1, 3 and 4 collectively

2 . 6 . 97 EN Official Journal of the European Communities No C 167 / 15

Tuesday, 13 May 1997

Amendment rejected : 2 by EV ( 79 for, 333 against, 12 absten ­

tions )

## II . PROPOSAL FOR A REGULATION ( COM(96)0058 - C4-0235 / 96 - 96 / 0045(CNS ):

Separate vote : am . 2 ( PSE, PPE ) Amendment adopted : 1 1

The common position was thus amended ( Part II, Item 3 ). Parliament approved the Commission proposal as amended
( Part II, Item 5 ).

16 . Biocidal products *** II ( vote ) DRAFT LEGISLATIVE RESOLUTION :
Recommendation for 2nd reading by Mrs Kirsten M.
Jensen   - A4-0 137 / 97

Parliament adopted the legislative resolution ( Part II, Item 5 ).

( Qualified majority required )

COMMON POSITION OF THE COUNCIL C4-0006 / 97 
00 / 0465 ( COD ):

Amendments adopted : 5 ; 6 ; 17 ; 18 ; 19

Amendments rejected : 1 ; 34 fin .; 2 and 3 collectively ; 35 ; 36 ;
37 ; 4 ; 7 ; 8 ; 32 ; 9 to 13 collectively ; 33 ; 14 to 16 collectively ; 20
to 22 collectively ; 23 ; 38 ; 39 ; 40 ; 25 and 26 collectively ; 41 ; 27
to 31 collectively

Amendment not put to the vote ( Rule 125(1 )(e )): 24

## III . PROPOSAL FOR A REGULATION ( COM(96)0058 - C4-0236 / 96 - 96 / 0046(CNS ):

Amendments adopted : 12 to 14 collectively

Parliament approved the Commission proposal as amended
( Part II, Item 5 ).

DRAFT LEGISLATIVE RESOLUTION :

Parliament adopted the legislative resolution ( Part II, Item 5 ).
Separate votes : am . 5, 6, 17, 18, 19 ( PPE )

The common position was thus amended ( Part II, Item 4 ).

18 . Protection for encrypted services ( vote )

Anastassopoulos report — A4-0 119 / 97
17 . Agricultural structures, agricultural pro ­ ( Simple majority required )

ducts and producer groups  - ( vote )

Redondo Jimenez report — A4-0 132 / 97 MOTION FOR A RESOLUTION
( Simple majority required )

Parliament adopted the resolution by RCV ( PPE )
## I. PROPOSAL FOR A REGULATION COM(96)0058 - Members voting : 438 C4-0234 / 96 - 96 / 0044(CNS ): For : 423

Against : 6

Amendments adopted : 1 to 3 collectively ; 4 ; 15 ; 5 and 6 Abstentions : 9
collectively ; 7 ; 8 ; 9 ; oral amendment to Article 18 ; 10

( Part II, Item 6 ).

The following spoke during the vote :

— Mr Novo proposed an oral amendment to Article 18 of the
proposal for a Regulation to delete the following words from
paragraph 1, first subparagraph : ' farmers who work at least
three hectares of usable agricultural area ( UAA ) and ' and
paragraph 1, second subparagraph .

The President established that there was no opposition to
putting this oral amendment to the vote and then held the vote ;
the amendment was adopted after Mrs Redondo Jimenez,
rapporteur, had spoken in support ;

— Mr Graefe zu Baringdorf requested separate votes on
behalf of the V Group on amendments 7 and 9 ( the President
reminded him that this request should have been tabled within
the deadline laid down but that she would agree exceptionally
to take it into account ).

Parliament approved the Commission proposal as amended
( Part II, Item 5 ).

19 . Application of subsidiarity principle ( vote )

Palacio Vallelersundi report — A4-0 155 / 97
( Simple majority required )

MOTION FOR A RESOLUTION

Amendment rejected : 1

The different parts of the text were adopted in order .

Parliament adopted the resolution ( Part II, Item 7 ).

Explanations of vote were made by the following Members :

DRAFT LEGISLATIVE RESOLUTION : Ford report — A4-0 107 / 97

Parliament adopted the legislative resolution ( Part II, Item 5 ).

— in writing : Sjöstedt, Eriksson, Svensson ; Lindqvist ; Fayot ;
Rübig ; Theorin, Ahlqvist, Wibe ; K. Jensen, Blak ; Hautala

No C 167 / 16 EN Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

Recommendation for 2nd reading by Mrs K. Jensen —
A4-0 137 / 97

— in writing : Jackson

Anastassopoulos report — A4-0 1 1 9 / 97

— in writing : K. Jensen, Iversen, Blak, Sindal

Palacio Vallelersundi report — A4-0 155 / 97

— in writing : Wibe, Ahlqvist, Theorin ; Lindqvist ; Lindholm,
Gahrton, Holm, Schörling ; Kristoffersen ; Souchet

END OF VOTING TIME

20 . Topical and urgent debate ( list of subjects

selected )

The President informed Parliament that, in accordance with
Rule 47(2 ), the list of subjects for the debate on topical and
urgent subjects of major importance to be held on Thursday
had been drawn up .

This list contained 3 1 motions for resolutions grouped together
as follows :

I. HELMS-BURTON ACT

B4-0393 / 97 by the ELDR Group
B4-0398 / 97 by the PSE Group
B4-0399 / 97 by the UPE Group
B4-0401 / 97 by the ARE Group
B4-0406 / 97 by the GUE / NGL Group
B4-04 10 / 97 by the GUE / NGL Group
B4-0429 / 97 by the V Group
B4-0432 / 97 by the PPE Group

II . RAN

B4-0358 / 97 by the ELDR Group
B4-0374 / 97 by the PSE Group
B4-0402 / 97 by the ARE Group
B4-0408 / 97 by the GUE / NGL Group
B4-0430 / 97 by the V Group
B4-0433 / 97 by the PPE Group

III . SUDAN

B4-0396 / 97 by the ELDR Group
B4-0404 / 97 by the ARE Group
B4-0409 / 97 by the GUE / NGL and PSE Groups
B4-04 15 / 97 by the V Group
B4-0434 / 97 by the PPE Group

IV . HUMAN RIGHTS

Indonesia

B4-0388 / 97 by the ELDR Group
B4-0428 / 97 by the V Group
B4-0436 / 97 by the PPE Group

Vietnam

B4-0397 / 97 by the UPE Group
B4-0435 / 97 by the PPE Group

Children of the countries of Central and Eastern Europe
B4-0371 / 97 by the PSE Group
B4-0437 / 97 by the PPE Group

Case of Mr Işik Yurtçu

B4-0370 / 97 by the PSE Group

Famine in North Korea

B4-04 18 / 97 by the V Group

V. DISCRIMINATORY MEASURES BY CHINA AGAINST EU

MEMBER STATES

B4-0359 / 97 by the ELDR Group

In accordance with Rule 47(3 ), the overall speaking time for
Thursday 's debate had been allocated as follows, subject to
modification of the list :

For one of the authors : 1 minute

Members : 60 minutes in total

In accordance with Rule 47(2 ), second subparagraph, any
objections to this list, which would have to be tabled and
justified in writing by a political group or at least 29 Members,

had to be tabled by 8 p.m . that evening . The vote on these
objections would be taken without debate at the beginning of
the next day 's sitting .

( The sitting was suspended at 12.40 p.m . and resumed at
3 p.m .)

IN THE CHAIR : Mrs FONTAINE

Vice-President

21 . Official welcome

On behalf of Parliament, the President welcomed members of a
delegation from the Parliament of the Republic of Georgia, led
by Mr Giorgi Kobakhidze, Deputy Speaker of the Parliament
and Chairman of the Delegation for relations with the EU, who
had taken their seats in the official gallery .

22 . Community environmental law ( debate )

Mr K. Collins introduced his report, drawn up on behalf of the
Committee on the Environment, Public Health and Consumer
Protection, on the communication from the Commission
concerning the implementation of Community environmental
## law ( COM(96)0500 - C4-0591 / 96 ) ( A4-0 109 / 97 ).

The following spoke : Mrs Gebhardt, draftsman of the opinion
of the Committee on Legal Affairs and Citizens ' Rights,
Mr White, on behalf of the PSE Group, Mrs Jackson, on behalf
of the PPE Group, Mrs Baldi, on behalf of the UPE Group,
Mrs Dybkjær, on behalf of the ELDR Group, Mrs Gonzalez
Alvarez, on behalf of the GUE / NGL Group, Mrs Breyer, on
behalf of the V Group, Mr Blokland, on behalf of the I-EDN
Group, Mrs Van Putten, Mr Florenz, Mrs Riis-j0rgensen,
Mr Ribeiro, Mrs McKenna, Mr De Clercq and Mrs Bjerre ­
gaard, Member of the Commission .

B4-0364 / 97 by the PSE Group The President closed the debate .
B4-0395 / 97 by the ELDR Group Vote : Minutes of 14.5.1997, Part I, Item 14 .

2 . 6 . 97 EN Official Journal of the European Communities No C 167 / 17

Tuesday, 13 May 1997

23 . Dangers of ionizing radiation - ( debate )

Mr Amadeo introduced his report, drawn up on behalf of the
Committee on the Environment, Public Health and Consumer
Protection, on the proposal for a Council Directive replacing
Directive 84 / 466 / Euratom on health protection of individuals
against the dangers of ionizing radiation in relation to medical
# exposures ( COM(96)0465 - C4-0548 / 96 - 96 / 0230(CNS ))

( A4-0 146 / 97 ).

The following spoke : Mrs Graenitz, on behalf of the PSE
Group, Mrs Flemming, on behalf of the PPE Group, Mrs Kes ­
telijn-Sierens, on behalf of the ELDR Group, Mr Lannoye, on
behalf of the V Group, Mr Belleré, Non-attached Member, and
Mrs Malone .

Commissioner Van Miert but in the section ' Other questions '
( the President replied that it was the Commission who decided
which Commissioner would answer questions ; he called on the
authors of the two questions to raise this matter when Mr Van
Miert was present and suggested they withdraw their questions
at that point so that they could be included in the next Question
Time under more favourable conditions ).

Mrs Garcia Arias again stressed the importance she attached to
receiving a reply from Mr Van Miert ( the President repeated
his previous answer ).

Question 30 by Mrs Gonzalez Alvarez : Suspension of World
Trade Organization ( WTO ) proceedings against the US in
connection with the Helms-Burton Act

Sir Leon Brittan, Vice-President of the Commission, answered
the question and supplementaries by Mrs Gonzalez Alvarez
and Mrs Garcia Arias .

IN THE CHAIR : Mr HAARDER

Vice-President Question 31 by Mr Elliott : Import tariffs

The following spoke : Mr Trakatellis, Mr Ephremidis, Mr Pog ­
giolini and Mrs Bjerregaard, Member of the Commission .

The President closed the debate .

Vote : Minutes of 14.5.1997, Part I, Item 13 .

24 . Trans-European telecommunications net ­
works *** III ( debate )

Mr Hoppenstedt introduced his report, drawn up on behalf of
the European Parliament delegation to the Conciliation Com ­
mittee, on the joint text, approved by the Conciliation Com ­
mittee, for a European Parliament and Council Decision on a
series of guidelines for trans-European telecommunications
## networks ( C4-0 166 / 97 - 95 / 01 24(COD )) ( A4-0 166 / 97 ).

The following spoke : Mr Glante, on behalf of the PSE Group,
Mr Malerba, on behalf of the UPE Group, Mr Lindqvist, on
behalf of the ELDR Group, Mr Novo Belenguer, on behalf of
the ARE Group, Mr Paasilinna, Mrs Torres Marques, Mr Ban ­
gemann, Member of the Commission, and Mr Rübig, who put a
question to the Commission which Mr Bangemann answered .

The President closed the debate .

Vote : Minutes of 14.5.1997, Part I, Item 8 .

IN THE CHAIR : Mr GUTIERREZ DIAZ

Vice-President

25 . Question time ( questions to the Commission )

Parliament considered a number of questions to the Commis ­
sion ( B4-0 165 / 97 ).

Mrs Garcia Arias complained that questions 77 and 78 had not
been included among the questions to be answered by

Mr Marin, Vice-President of the Commission, answered the
question and a supplementary by Mr Elliott .

Question 32 by Mrs Ferrer : Free movement and transport of
agricultural products within the European Union

Mr Marin answered the question and supplementaries by
Mrs Ferrer and Mr Watson .

( The sitting was suspended for technical reasons from 5.45 to
6 p.m .)

The President announced that Question Time would continue
after 7 p.m . as a result of the interruption that had just occurred .

Mrs Hardstaff pointed out that she wished to forego her
supplementary question as Mr Marin had given her the
clarification she had sought during the suspension of the
sitting .

Questions 33 by Mr Caccavale and 34 by Mr Val verde Lopez
lapsed as their authors were absent .

Question 35 by Mrs Izquierdo Rojo : Priority measures for
northern Morocco

Mr Marin answered the question and supplementaries by
Mrs Izquierdo Rojo and Mr Posselt .

Question 36 by Mr Newens : Trade with Cuba .
Question 37 by Mr Bontempi : Trade with Cuba .
Question 38 by Mr Morris : Humanitarian aid to Cuba .

Mr Marin answered the questions and supplementaries by
Mr Newens, Mr Bontempi, Mr Morris, Ms Oddy and Mrs Gon ­
zalez Alvarez .

The President announced that questions 39 to 41 would receive
written answers .

Question 42 by Mr Camisón Asensio : Support for renewable
energy sources and the use thereof in rail transport

No C 167 / 18 EN Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

Mr Papoutsis, Member of the Commission, answered the
question and a supplementary by Mr Camisón Asensio .

Question 43 by Mr Howitt : White Paper on voluntary
organizations and foundations

Mr Papoutsis answered the question and supplementaries by
Mr Howitt and Ms Oddy .

Question 44 by Mr Smith : Matters arising from Commission
liaison with IAEA

Mr Papoutsis answered the question and supplementaries by
Mr Smith and Mr McMahon .

Question 45 by Mr McMahon : Public services charter

Mr Van Miert, Member of the Commission, answered the
question and supplementaries by Mr McMahon and Mrs Bil ­
lingham .

Question 46 by Mr Sjöstedt : Transport subsidies to Volvo .
Question 48 by Mr Wibe : Transport subsidy for Volvo, Umeå .

Mr Van Miert answered the questions and supplementaries by
Mr Sjöstedt, Mr Wibe, Mrs Lindholm and Mr Wibe .

Question 47 by Mr Lindqvist : Commission review of aid to
industrial firms in northern Sweden in respect of transport
overheads

Mr Van Miert answered the question and supplementaries by
Mr Lindqvist, Mr Sjöstedt and Mrs Thors .

Mr Langen introduced his recommendations for second read ­
ing :

— on the common position established by the Council with a
view to the adoption of a European Parliament and Council
Directive amending Directives 92 / 50 / EEC, 93 / 36 / EEC and
93 / 37 / EEC relating to the coordination of procedures for the
award of public service, public supply and public work
## contracts ( C4-0038 / 97 - 95 / 0079(COD )) ( A4-0158 / 97 )

— on the common position established by the Council with a
view to the adoption of a European Parliament and Council
Directive amending Directive 93 / 38 / EEC on coordinating the
procurement procedures of entities operating in the water,
energy, transport and telecommunications sectors ( C4-0039 / 97
- 95 / 080(COD )) ( A4-0 159 / 97 ).

The following spoke : Mr Tappin, on behalf of the PSE Group,
Mr Porto, on behalf of the PPE Group, Mr Giansily, on behalf
of the UPE Group, Mr Monti, Member of the Commission, and
Mr Langen, rapporteur .

The President closed the debate .

Vote : Minutes of 14.5.1997, Part I, Item 9 .

28 . Obstacles to transnational mobility ( debate )

Mrs Todini introduced her report, drawn up on behalf of the
Committee on Culture, Youth, Education and the Media, on the
Commission Green Paper ' Education — Training — Research :

'
The obstacles to transnational mobility ( COM(96)0462 —
C4-05 80 / 96 ) ( A4-0 148 / 97 ).

The President announced that questions 49 to 87 would receive
written answers .

to The following spoke : Mrs Hermange, draftsman of the opinion
written answers . of the Committee on Employment and Social Affairs, Mr Hein ­

isch, draftsman of the opinion of the Committee on Petitions,

He closed Question Time to the Commission . Mr Evans, on behalf of the PSE Group, Mrs Vaz da Silva, on

behalf of the PPE Group, Mrs Ryynänen, on behalf of the
ELDR Group, Mr Ripa di Meana, on behalf of the V Group,
Mrs Leperre-Verrier, on behalf of the ARE Group, Mr Elch ­
26 . Membership of ACP-EU Joint Assembly lepp, Mrs Matikainen-Kallström, Mr Dupuis, Mr Monti, Mem ­
ber of the Commission, and Mrs Todini, rapporteur .

He closed Question Time to the Commission .

At the request of the UPE Group, Parliament ratified the
appointment of Mr Giansily to replace Mr Aldo as member of
the ACP-EU Joint Assembly .

( The sitting was suspended at 7.40 p.m . and resumed at 9 p.m .)

IN THE CHAIR : Mr PODESTÀ

Vice-President

The President closed the debate .

Vote : Minutes of 14.5.1997, Part I, Item 15 .

29 . Agenda for next sitting

The President announced the following agenda for the sitting
of Wednesday 14 May 1997 :

9 a.m . to 1 p.m ., 3 to 7 p.m . and 9 p.m . to 12 midnight

9 to 9.15 a.m .

— topical and urgent debate ( objections )

—

27 . Public service, public supply and public work urgent

contracts — Procurement procedures in wat ­ — decision on urgent procedure

contracts — Procurement procedures in wat ­
er, energy, transport and telecommunica ­
tions *** II ( debate )

9.15 a.m . to 12 noon, 3 to 5.30 p.m . and 9 p.m . to 12 midnight

— Tindemans report on common security policy

— Titley report on defence-related industries

The next item was a joint debate on two recommendations for
second reading drawn up on behalf of the Committee on
Economic and Monetary Affairs and Industrial Policy .

2.6.97 EN Official Journal of the European Communities No C 167 / 19

Tuesday, 13 May 1997

— Cohn-Bendit report on regional cooperation in the former
Yugoslavia and contractual relations with certain coun ­
tries in south-east Europe

— Baron Crespo report on improving the impact of joint
actions

— joint debate on five reports ( Varela Suanzes-Carpegna,

Macartney, Crampton, Teverson, Souchet ) on fisheries   

12 noon

— voting time

— Council and Commission statements on the position of the 5.30 to 7 p.m .
WTO banana panel ( with debate )

— Question Time to the Council

— Council and Commission statements on the situation in

Zaire ( with debate )

Julian PRIESTLEY

Secretary-General

( The sitting closed at 10.30 p.m .)

Nicole FONTAINE

Vice-President

No C 167 / 20 EN Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

PART II

Texts adopted by the European Parliament

1 . Collective redundancies       - ( Rule 99 )

Proposal for a Council Directive on the approximation of the laws of the Member States relating to

collective redundancies ( codified version ) ( CC)M(96)0620 — C4-0033 / 97 — 96 / 0290(CNS ))

( Consultation procedure )

The proposal was approved .

2 . Amendment of Parliament s Rules of Procedure ( Code of Conduct governing

lobbyists )

A4-0107 / 97

Rules of Procedure

FORMER TEXT NEW TEXT

( Amendment 2 )

Annex IX, Article 3, introduction and ( a ) ( new )

Article 3

Code of Conduct

In the context of their relations with Parliament, the
persons whose names appear in the register provided for in
Rule 9(2 ) shall :

( a ) comply with the provisions of Rule 9 and this Annex ;

( Amendment 3 )

Annex IX, Article 3(b ) ( new )

( b ) state the interest or interests they represent in contacts

with Members of Parliament, their staff or officials of
Parliament ;

( Amendment 4 )

Annex IX, Article 3(c ) ( new )

( c ) refrain from any action designed to obtain information

dishonestly ;

2 . 6 . 97 EN Official Journal of the European Communities No C 167 / 21

Tuesday, 13 May 1997

FORMER TEXT NEW TEXT

( Amendment 5 )

Annex IX, Article 3(d ) ( new )

( d ) not claim any formal relationship with Parliament in

any dealings with third parties ;

( Amendment 6 )

Annex IX, Article 3(e ) ( new )

( e ) not circulate for a profit to third parties copies of

documents obtained from Parliament ;

( Amendment 7 )

Annex IX, Article 3(f ) ( new )

( f ) comply strictly with the provisions of Annex I,
Article 2, second paragraph ;

( Amendment 14 )

Annex IX, Article 3(g ) ( new )

( g ) satisfy themselves that any assistance provided in

accordance with the provisions of Annex I, Article 2 is
declared in the appropriate register ;

( Amendment 9 )

Annex IX, Article 3(h ) ( new )

( h ) comply, when recruiting former officials of the institu ­

tions, with the provisions of the Staff Regulations ;

( Amendment 10 )

Annex IX, Article 3(i ) ( new )

( i ) observe any rules laid down by Parliament on the
rights and responsibilities of former Members ;

( Amendment 11 )

Annex IX, Article 3(i ) ( new )

( j ) in order to avoid possible conflicts of interest, obtain

the prior consent of the Member or Members con ­
cerned as regards any contractual relationship with or
employment of a Member 's assistant, and subsequently
satisfy themselves that this is declared in the register
provided for in Rule 9(2 ).

( Amendment 13 )

Annex IX, Article 3, second paragraph ( new )

Any breach of this Code of Conduct may lead to the
withdrawal of the pass issued to the persons concerned and,
if appropriate, their firms .

No C 167 / 22 HEN Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

Decision amending Annex IX of Parliament 's Rules of Procedure and inserting a new Article 3

concerning the code of conduct governing lobbyists

The European Parliament,

— having regard to the letter of 19 March 1996 from its President,

— having regard to Rule 163 of its Rules of Procedure,

— having regard to the report of the Committee on the Rules of Procedure, the Verification of
Credentials and Immunities ( A4-0 107 / 97 ),

1 . Decides to amend its Rules of Procedure as indicated above ;

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

3 . Emissions by non-road mobile machinery *** II

A4-0136 / 97

Decision on the common position adopted by the Council with a view to adopting a European
Parliament and Council Directive on the approximation of the laws of the Member States relating to
measures against the emission of gaseous and particulate pollutants from internal combustion

engines to be installed in non-road mobile machinery ( C4-0072 / 97 — 95 / 0209(CC)D ))

( Codecision procedure : second reading )

The European Parliament,

— having regard to the common position of the Council, C4-0072 / 97 — 95 / 0209(CC)D ),

— having regard to its opinion at first reading (') on the Commission proposal to Parliament and the
Council, CC)M(95)0350 ( 2 ),

— having regard to Article 189b(2 ) of the EC Treaty,

— having regard to Rule 72 of its Rules of Procedure,

— having regard to the recommendation for second reading of the Committee on the Environment,
Public Health and Consumer Protection ( A4-01 36 / 97 ),

1 . Amends the common position as follows ;

2 . Calls on the Commission to support Parliament 's amendments in the opinion it is required to deliver
pursuant to Article 189b(2)(d ) of the EC Treaty ;

3 . Calls on the Council to approve all Parliament 's amendments, amend its common position
accordingly and definitively adopt the act ;

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

(') OJ C 308, 20.11.1995, p. 29 .
( 2 ) OJ C 328, 7.12.1995, p. 1 .

2.6.97 EN Official Journal of the European Communities No C 167 / 23

Tuesday, 13 May 1997

COMMON POSITION

OF THE COUNCIL

AMENDMENTS

BY PARLIAMENT

( Amendment 1 )

Recital 21a ( new )

( 21a ) Whereas an agreement on a ' modus vivendi '
between the European Parliament, the Council and the
Commission concerning the implementing measures for
acts adopted in accordance with the procedure laid down in
Article 189b of the EC Treaty was reached on 20 December

1994 ('),

(') OJ C 102, 4.4.1996, p. 1 .

( Amendment 3 )

Article 14, second paragraph ( new )

The committee shall meet as a rule in public, unless a
specific duly motivated decision is taken to the contrary
and published in good time . 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 declara ­
tions of interest by its members .

( Amendment 4 )

Article 15

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 .

2 . ( a ) The Commission shall adopt measures which shall
apply immediately .

( b ) However, if the measures envisaged are not in accordance

with the opinion of the committee, they shall be communi ­
cated by the Commission to the Council forthwith . In that

event :

— the Commission shall defer application of the meas ­
ures which it has decided for a period not exceeding
three months from the date of the communication ;

— the Council, acting by a qualified majority, may take a
different decision within the time limit referred to in

the first indent .

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, if necessary by taking a vote .

2 . 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 .

2a . 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 .

No C 167 / 24 EN Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

4 . Biocidal products *** II

A4-0137 / 97

Decision on the common position adopted by the Council with a view to adopting a European
Parliament and Council Directive concerning the placing of biocidal products on the market
## ( C4-0006 / 97 - 00 / 0465 ( COD ))

( Codecision procedure : second reading )

The European Parliament,

— having regard to the common position of the Council, C4-0006 / 97 — 00 / ()465(COD ) ('),

— having regard to its opinion at first reading ( 2 ) on the Commission proposal and amended Commission
proposal to Parliament and the Council, COM(93)0351 ( 3 ) and COM(95)0387 ( 4 ),

— having regard to the amended Commission proposal, COM(96)0312 ( 5 ),

— having regard to Article 189b(2 ) of the EC Treaty,

— having regard to Rule 72 of its Rules of Procedure,

— having regard to the recommendation for second reading of the Committee on the Environment,
Public Health and Consumer Protection ( A4-01 37 / 97 ),

1 . Amends the common position as follows ;

2 . Calls on the Commission to support Parliament 's amendments in the opinion it is required to deliver
pursuant to Article 189b(2)(d ) of the EC Treaty ;

3 . Calls on the Council to approve all Parliament 's amendments, amend its common position
accordingly and definitively adopt the act ;

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

COMMON POSITION AMENDMENTS

OF THE COUNCIL BY PARLIAMENT

( Amendment 5 )

Article 8(2)(a )

( a ) a dossier or a letter of access for the biocidal product

satisfying, in the light of current scientific and technical
knowledge, the requirements set out in Annex IIB and,
where specified, the relevant parts of Annex IIIB, and

( a ) a dossier or a letter of access for the biocidal product

satisfying, in the light of current scientific and technical
knowledge, the requirements set out in Annex IIB and,
where specified, the relevant parts of Annex IIIB or the
requirements set out in Annex IVB, and

( Amendment 6 )

Article 8(2)(b )

( b ) for each active substance in the biocidal product, a dossier

or a letter of access satisfying, in the light of current
scientific and technical knowledge, the requirements set
out in Annex IIA and, where specified, the relevant parts
of Annex IIIA .

') OJ C 69, 5.3.1997, p. 13 .

2 ) OJ C 141, 13.5.1996, p. 176 .

3 ) OJ C 239, 3.9.1993, p. 3 .
4 ) OJ C 261, 6.10.1995, p. 5 .

5 ) OJ C 241, 20.8.1996, p. 8 .

( b ) for each active substance in the biocidal product, a dossier

or a letter of access satisfying, in the light of current
scientific and technical knowledge, the requirements set
out in Annex IIA and, where specified, the relevant parts
of Annex IIIA or the requirements set out in
Annex IVA .

2 . 6 . 97 I EN 1 Official Journal of the European Communities No C 167 / 25

Tuesday, 13 May 1997

COMMON POSITION AMENDMENTS

OF THE COUNCIL BY PARLIAMENT

( Amendment 17 )

Article 34(1 )

1 . Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive not later than 24 months after its entry into force .
They shall forthwith inform the Commission thereof .

1 . Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive not later than 18 months after its entry into force .
They shall forthwith inform the Commission thereof .

( Amendment 18 )

ANNEX IA

List of active substances with requirements agreed at Com ­
munity level for inclusion in low-risk biocidal products

Deleted

( including all references to Annex IA in the Council 's common
position )

( Amendment 19 )

ANNEX IB

List of commodity substances with requirements agreed at
Community level

Deleted

( including all references to Annex IB in the Council 's common
position )

5 . Agricultural structures, agricultural products and producer groups 

A4-0132 / 97

I.

Proposal for a Council Regulation on improving the efficiency of agricultural structures
## ( COM(96)0058 - C4-0234 / 96 - 96 / 0044(CNS ))

The proposal was approved with the following amendments :

TEXT PROPOSED AMENDMENTS

BY THE COMMISSION (') BY PARLIAMENT

( Amendment 1 )

Recital I

Whereas Council Regulation ( EEC ) No 2328 / 91 of 15 July

1991 on improving the efficiency of agricultural structures, has
been substantially amended on several occasions ; whereas in
the interests of clarity and rationality it is appropriate to
consolidate the said Regulation ; whereas moreover in the
interests of simplification and coherence it is appropriate to
incorporate in the same text Council Directive 75 / 268 / EEC of
28 April 1975 on mountain - and hill-farming in certain
less-favoured areas,

(') OJ C 115, 19.4.1996, p. 34 .

Whereas Council Regulation ( EEC ) No 2328 / 91 of 15 July

1991 on improving the efficiency of agricultural structures, has
been substantially amended on several occasions ; whereas in
the light of the new amendments to the Regulation and in
the interests of clarity and rationality it is appropriate to recast
the provisions in question ; whereas moreover in the interests
of simplification and coherence it is appropriate to incorporate
in the same text Council Directive 75 / 268 / EEC of 28 April

1975 on mountain - and hill-farming in certain less-favoured

areas,

No C 1 67 / 26 | EN I Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

TEXT PROPOSED AMENDMENTS

BY THE COMMISSION BY PARLIAMENT

( Amendment 2 )

Recital 17

Whereas the adjustment of farm structures by an improvement
in productivity resulting in an increase in production is
confronted by insurmountable limits because of the state of the
market for many agricultural products ; whereas investment aid
is intended not necessarily to increase production capacity but
also to improve the quality of production conditions ; whereas
it appears necessary to concentrate such aid on those invest ­
ments which allow for a reduction in production costs and for
the improvement in living and working conditions or which
aim at conversion of production ; whereas such aid may also be
granted for investments aimed at finding new sources of
income, such as tourism or craft activities or the farm-based
manufacture and sale of farm products, and to investments
aimed at improving conditions for the hygiene and welfare of
animals and at safeguarding and improving the environment ;

Whereas the adjustment of farm structures by an improvement
in productivity resulting in an increase in production is
confronted by insurmountable limits because of the state of the
market for many agricultural products ; whereas investment aid
is intended not necessarily to increase production capacity but
also to improve the quality of production conditions ; whereas
it appears necessary to concentrate such aid on those invest ­
ments which allow for a reduction in production costs and for
the improvement in living and working conditions or which
aim at conversion of production ; whereas such aid may also be
granted for investments aimed at finding new sources of
income, such as tourism or craft activities or the farm-based
manufacture and direct sale of farm products, and to invest ­
ments aimed at improving conditions for the hygiene and
welfare of animals and at safeguarding and improving the
environment ;

( Amendment 3 )

Article 6 ( 1 ), indents 2, 3 and 4

— the diversification of activities on the holding, in particular — the diversification of activities on the holding, in particular
by the introduction of tourism and craft activities or the by the introduction of tourism and craft activities or the
manufacture and sale of farm produce on the holding, manufacture and direct sale of the produce of the holding,

— the adaptation of the holding for the purposes of reducing — the adaptation of the holding for the purposes of reducing
production costs and saving energy, production costs and saving energy or water,

— the improvement of living and working conditions, — the improvement of living and working conditions direct ­
ly related to the activities carried out on the holding,

( Amendments 4 and 15 )

Article 6(4 ), first subparagraph

4 . Aid may not be granted for investments which have the
effect of increasing pig places .

4 . Aid may not be granted for investments which have the
effect of increasing pig places, provided the surplus produc ­
tion comes from intensive farms, since this justifies the
restrictions imposed, and except for investment aid for
farms in regions where the total number of pig places is
proven to have fallen and provided that the aid does not
lead to the original number of pig places in that region
being exceeded .

( Amendment 5 )

Article 6(5 ), first subparagraph

5 . Aid granted for investments relating to the beef sector, 5 . Aid granted for investments relating to the beef sector,
other than aid for safeguarding the environment, improvement other than aid for safeguarding the environment, improvement

2 . 6 . 97 EN Official Journal of the European Communities No C 167 / 27

Tuesday, 13 May 1997

TEXT PROPOSED

BY THE COMMISSION

of hygiene conditions on livestock enterprises and animal
welfare, where there is no increase in capacity, shall be
restricted to livestock enterprises where the beef-cattle stock ­
ing rate does not, in the final year of the plan, exceed 3, 2, 5 and
2 livestock units ( LU ) per hectare of forage area used for
feeding the cattle for plans ending respectively in 1994, 1995
and 1996 or later . The limits of 2, 5 and 2 LU per hectare shall
apply only to applications submitted as from 1 January 1994 .

AMENDMENTS

BY PARLIAMENT

of hygiene conditions on livestock enterprises and animal
welfare, where there is no increase in capacity, shall be
restricted to livestock enterprises where the beef-cattle stock ­
ing rate does not, in the final year of the plan, exceed 3, 2, 5 and
2 livestock units ( LU ) per hectare of forage area used for
feeding the cattle . The limits of 2, 5 and 2 LU per hectare shall
apply only to applications submitted as from 1 January 1994 .

( Amendment 6 )

Article 6(6 )

6 . The granting of investment in the egg and poultry sector
is not permitted, with the exception of aid for safeguarding the
environment, improvement of hygiene conditions on livestock
enterprises and animal welfare, provided there is no increase in
capacity .

6 . The granting of investment in the egg and poultry sector
governed by Regulation ( EEC ) No 2777 / 75 (') is not permit ­
ted, with the exception of aid for safeguarding the environ ­
ment, improvement of hygiene conditions on livestock enter ­
prises and animal welfare, provided there is no increase in
capacity .

O OJ L 282, 1.11.1975, p. 77 .

( Amendment 7 )

Article 12(2 ), indents 5, 6 and 7

— the protection and improvement of the environment,
provided that such investments do not entail an increase in
production capacity,

— the improvement of hygiene conditions in livestock enter ­
prises or of compliance with Community animal welfare
standards or national standards where these are stricter

than Community standards, provided that these invest ­
ments do not give rise to an increase in production
capacity,

— agricultural holdings, for activities not relating to field
crops or stock farming .

— the protection and improvement of the environment,
provided that such investments do not entail an increase in
production capacity for products in surplus,

— the improvement of hygiene conditions in livestock enter ­
prises or of compliance with Community animal welfare
standards or national standards where these are stricter

than Community standards, provided that these invest ­
ments do not give rise to an increase in production
capacity for products in surplus,

— agricultural holdings, for activities designed to diversify
the activities of the holding .

( Amendment 8 )

Article 12(3 ), second subparagraph, indent 4a ( new )

— the replacement of structural elements destroyed or
damaged by natural disasters .

( Amendment 9 )

Article 12(4)(a ), indents

— energy saving, — energy or water saving,

— land improvement, — land improvement,

No C 167 / 28 1 EN [ Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

TEXT PROPOSED AMENDMENTS

BY THE COMMISSION BY PARLIAMENT

— the protection and improvement of the environment,
provided that such investments do not entail an increase in
production capacity,

— the improvement of hygiene conditions in livestock enter ­
prises or of compliance with Community animal welfare
standards or national standards where these are stricter

than Community standards, provided that these invest ­
ments do not give rise to an increase in production
capacity .

— the protection and improvement of the environment,
provided that such investments do not entail an increase in
production capacity for products in surplus,

— the improvement of hygiene conditions in livestock enter ­
prises or of compliance with Community animal welfare
standards or national standards where these are stricter

than Community standards, provided that these invest ­
ments do not give rise to an increase in production
capacity for products in surplus .

( Separate vote )

Article 18(1 )

1 . Member States may grant compensatory allowances to
farmers who work at least three hectares of usable agricultural

area ( UUA ) and farmers who undertake to pursue a farming
activity in accordance with the aims of Article 17 for at least
five years from the first payment of a compensatory allowance
shall be eligible for such an allowance ; where a farmer gives
up farming and the area concerned continues to be worked, he
may be released from such undertakings ; he shall be released
from such undertaking in cases of force majeure, for example
where his property is compulsorily purchased or purchased in
the public interest ; in addition, farmers in receipt of a
retirement or early-retirement pension shall be released from
such undertakings .

However, in the Italian Mezzogiorno region, including the
islands, in the regions in the French overseas departments and
in the Greek, Portuguese and Spanish regions, the minimum

UAA per holding shall be two hectares .

1 . Member States may grant compensatory allowances to
farmers who undertake to pursue a farming activity in accord ­
ance with the aims of Article 1 7 for at least five years from the
first payment of a compensatory allowance shall be eligible for
such an allowance ; where a farmer gives up farming and the
area concerned continues to be worked, he may be released
from such undertakings ; he shall be released from such
undertaking in cases of force majeure, for example where his
property is compulsorily purchased or purchased in the public
interest ; in addition, farmers in receipt of a retirement or
early-retirement pension shall be released from such undertak ­
ings .

( Amendment 10 )

Article 31(1 ), third subparagraph, indent 4

— Council Regulation ( EEC ) No 1035 / 72 (') — Council Regulation ( EC ) No 2200 / 96 (*)

(') OJ L 118, 20.5.1972, p. 1 . (') OJ L 297, 21.11.1996, p. 1 .

Legislative resolution embodying Parliament 's opinion on the proposal for a Council Regulation on
improving the efficiency of agricultural structures ( COM(96)0058 — C4-0234 / 96 — 96 / 0044(CNS ))

( Consultation procedure )

The European Parliament,

— having regard to the Commission proposal to the Council, CC)M(96)0058 — 96 / 0044(CNS ) (),

— having been consulted by the Council pursuant to Article 43 of the EC Treaty ( C4-0234 / 96 ),

(') OJ C 115, 19.4.1996, p. 34 .

2.6.97 EN Official Journal of the European Communities No C 167 / 29

Tuesday, 13 May 1997

— having regard to Rule 58 of its Rules of Procedure,

— having regard to the report of the Committee on Agriculture and Rural Development ( A4-0 132 / 97 ),

1 . Approves the Commission proposal, subject to Parliament 's amendments ;

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

3 . Asks to be consulted again should the Council intend to make substantial modifications to the
Commission proposal ;

4 . Instructs its President to forward this opinion to the Council and Commission .

II .

Proposal for a Council Regulation on improving the processing and marketing conditions for

agricultural products ( COM(96)0058 — C4-0235 / 96 — 96 / 0045(CNS ))

The proposal was approved with the following amendment :

TEXT PROPOSED AMENDMENTS

BY THE COMMISSION (') BY PARLIAMENT

( Amendment 1 1 )

Recital 1

Whereas Council Regulation ( EEC ) No 866 / 90 of 29 March

1990 on improving the processing and marketing conditions
for agricultural products has been substantially amended
several times ; whereas it is advisable, in the interests of clarity
and rationality, to carry out a consolidation of the said
Regulations ;

(') OJ C 115, 19.4.1996, p. 53 .

Whereas Council Regulation ( EEC ) No 866 / 90 of 29 March

1990 on improving the processing and marketing conditions
for agricultural products has been substantially amended
several times ; whereas it is advisable, in the interests of clarity
and rationality, to recast the provisions in question ;

Legislative resolution embodying Parliament 's opinion on the proposal for a Council Regulation on
improving the processing and marketing conditions for agricultural products ( C()M(96)0058 —
## C4-0235 / 96 - 96 / 0045(CNS ))

( Consultation procedure )

The European Parliament,

— having regard to the Commission proposal to the Council, COM(96)0058 — 96 / 0045(CNS ) ('),

— having been consulted by the Council pursuant to Article 43 of the EC Treaty ( C4-0235 / 96 ),

— having regard to Rule 58 of its Rules of Procedure,

— having regard to the report of the Committee on Agriculture and Rural Development ( A4-01 32 / 97 ),

(') OJ C 115, 19.4.1996, p. 53 .

No C 167 / 30 EN Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

1 . Approves the Commission proposal, subject to Parliament 's amendments ;

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

3 . Asks to be consulted again should the Council intend to make substantial modifications to the
Commission proposal ;

4 . Instructs its President to forward this opinion to the Council and Commission .

III .

Proposal for a Council Regulation on producer groups and associations thereof ( CQM(96)0058 —
## C4-0236 / 96 - 96 / 0046(CNS ))

The proposal was approved with the following amendments :

TEXT PROPOSED AMENDMENTS

BY THE COMMISSION (') BY PARLIAMENT

( Amendment 12 )

Recital 1

Whereas Council Regulation ( EEC ) No 1360 / 78 of 19 June

1978 on producer groups and associations thereof has been
substantially amended several times ; whereas it is advisable, in
the interests of clarity and rationality, to carry out a consoli ­
dation of the said Regulation ;

Whereas Council Regulation ( EEC ) No 1360 / 78 of 19 June

1978 on producer groups and associations thereof has been
substantially amended several times ; whereas it is advisable, in
the interests of clarity and rationality, to recast the provisions
in question ;

( Amendment 13 )

Article 3(2 ), fourth indent

— live bovine animals ( CN code 0102 ); beef and veal
carcases or quarters ( CN codes ex 0201 and ex 0202 ); live
trees and other plants ; bulbs, roots and the like ; cut flowers
and ornamental foliage ( Chapter 6 of the combined
nomenclature ); fresh fruit and vegetables ( Chapters 7 and
8 of the combined nomenclature and not covered by
Regulation ( EEC ) No 1035 / 72 )-, vanilla ( CN code . 0905 00
00 ); and plants ( CN code 1211 ), in the overseas depart ­

ments,

— live bovine animals ( CN code 0102 ); beef and veal
carcases or quarters ( CN codes ex 0201 and ex 0202 ); live
trees and other plants ; bulbs, roots and the like ; cut flowers
and ornamental foliage ( Chapter 6 of the combined
nomenclature ); fresh fruit and vegetables ( Chapters 7 and
8 of the combined nomenclature and not covered by
Regulation ( EC ) No 2200 / 96 ('); vanilla ( CN code . 0905
00 00 ); and plants ( CN code 1211 ), in the overseas
departments,

(') OJ L 297, 21.11.1996, p. 1 .

( Amendment 14 )

Article 6(1 )( c ), second subparagraph

Member States may authorize this obligation to be replaced by
an obligation to have all the production for marketing of the
products in respect of which they are recognized placed on the
market by the group or by the association either in their name
and on their behalf, or on their behalf but in the name of the
group or the association, or in the name and on behalf of the
group or the association . The group or association may
however authorize its members to place part of their produc ­
tion on the market in the manner specified in the first
subparagraph .

(') OJ C 115, 19.4.1996, p. 60 .

Member States may authorize this obligation to be replaced by
an obligation to have all the production for marketing of the
products in respect of which they are recognized placed on the
market by the group or by the association either in the name of
the members of the group or association and on their behalf,
or on their behalf but in the name of the group or the
association, or in the name and on behalf of the group or the
association . The group or association may however authorize
its members to place part of their production on the market in
the manner specified in the first subparagraph .

2 . 6 . 97 EN Official Journal of the European Communities No C 167 / 31

Tuesday, 13 May 1997

Legislative resolution embodying Parliament 's opinion on the proposal for a Council Regulation on

producer groups and associations thereof ( COM(96)OQ58 — C4-0236 / 96 — 96 / 0046 ( CNS ))

( Consultation procedure )

The European Parliament,

— having regard to the Commission proposal to the Council, CC)M(96)0058 — 96 / 0046(CNS ) ('),

— having been consulted by the Council pursuant to Article 43 of the EC Treaty ( C4-0236 / 96 ),

— having regard to Rule 58 of its Rules of Procedure,

— having regard to the report of the Committee on Agriculture and Rural Development ( A4-0 132 / 97 ),

1 . Approves the Commission proposal, subject to Parliament 's amendments ;

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

3 . Asks to be consulted again should the Council intend to make substantial modifications to the
Commission proposal ;

4 . Instructs its President to forward this opinion to the Council and Commission .

(') OJ C 115, 19.4.1996, p. 60 .

6 . Protection for encrypted services

A4-01 19 / 97

Resolution on the Commission Green Paper on legal protection for encrypted services in the internal

market ( consultation on the need for Community action ) ( COM(96)0076 — C4-0190 / 96 )

The European Parliament,

— having regard to the Articles 7a, 52 et seq ., 59 et seq . and 100a of the EC Treaty,

— having regard to the Commission Green Paper on legal protection for encrypted services in the
## internal market ( COM(96)0076 - C4-0 190 / 96 )

— having regard to the report of the Committee on Legal Affairs and Citizens ' Rights and the opinions of
the Committee on Economic and Monetary Affairs and Industrial Policy, the Committee on the
Environment, Public Health and Consumer Protection and the Committee on Culture, Youth,
Education and the Media ( A4-01 19 / 97 ),

A. whereas the European Community has, on the initiative of the Commission of the European
Communities, taken substantial action to harmonize the protection of copyright and related rights
throughout the Member States,

B. whereas one of the recent initiatives taken by the Commission in this field is its Green Paper on
copyright and related rights in the information society ( COM(95)0382 — C4-0354 / 95 ) which refers
specifically to the particular problems created by, and relating to, the development and introduction of
new technologies, principally in the retransmission to the broad public of works protected by
intellectual property rights ; whereas these problems consist in piracy,

No C 167 / 32 EN Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

C. whereas the various systems for the conditional accessing of specific televisual services are one
expression of the new technologies ; whereas this ' conditional accessing ' is achieved by means of
special devices — decoders — which allow the encoding of certain services, thereby limiting access to
the relevant programmes to persons who pay the necessary fee or subscription,

D. convinced that these conditional accessing systems to certain services are the result of the
development of specialised industries in the field of new technologies and that, by spreading to certain
specific activities of the information society, they contribute towards the protection and exploitation
of works which are covered by intellectual property rights and are transmitted by television
programmes, provided there is strict respect for cultural diversity and guaranteed access for all
citizens to programmes of public interest ; it is indicative of this contribution towards the protection
and exploitation of the above-mentioned works that, according to official statistics, television
programmes operating conditional accessing systems are the biggest source of income of the film
industry in Europe at an estimated 34% of total income,

1 . Welcomes the Commission 's new Green Paper which addresses a matter whose importance and
topicality can be gauged from the relatively high number of television channels operating today in Europe
which use more or less developed forms of encoding in order to transmit their programmes ;

2 . Takes the view that this form of transmission forms part of the broader framework of technological
development in the field of the information society and has direct consequences, on the one hand, for the
operation of the internal market — through the involvement of specialised branches of industry in the
construction of decoding devices — and, on the other, for the protection of intellectual property rights,
owing to the retransmission of works which are protected by these rights ;

3 . Expresses its concern for the defence of consumers ' interests and recalls that it recently stressed in
paragraph 12 of its resolution of 19 September 1996 on the Green Paper on copyright and related rights in
the Information Society (') the need to call on the institutions of the European Union and of the Member
States to take the appropriate measures to allow citizens equal access to works and services considered to
be of public interest ;

4 . Takes the view that both now and in the immediate future the protection of copyright and related
rights will not be feasible — at least from the point of view of the possibilities of broadcasting protected
works to the public — unless measures are also taken to protect the means and systems of broadcasting ;
considers that this view is in line with the positions expressed by the Commission in its Green Paper on
copyright and related rights in the information society and by Parliament in its abovementioned resolution
of 19 September 1996 on the Green Paper ;

5 . Considers that this ' dual ' protection system is jeopardized by piracy which contributes to the
development of a parallel industry involved in the unauthorized production of decoding equipment which
is marketed without the authorization of the body operating the encoded service, thus enabling this service
to be used without a fee and that there is an even greater risk of this occurring considering that recent
developments in advanced technology — the spread of the Internet, for example — facilitate the advertising
and commercial promotion of such equipment in an increasingly uncontrolled manner ;

6 . Expresses its disquiet at the dangers posed by the development of piracy in this sector and recalls that
it drew attention recently in paragraph 33 of its abovementionied resolution of 19 September 1996 to

' the need for harmonized common rules in national legislation that provide for civil and criminal penalties
for those who produce, market, possess, use, manufacture, sell or install devices or who offer, solicit,
advertise or perform services capable of rendering systems of protection ineffective ';

7 . Notes that the present legal regime in this area is inadequate, since the principal provisions of
Directive 93 / 83 / EEC ( the cable and satellite Directive ) protect right-holders, but only in respect of the
unauthorized retransmission of their works, and not in respect of unauthorized reception ; notes that this
points to the need for a special provision to combat piracy which should at first sight, at least, opt between :

(') OJ C 320 . 28.10.1996 . p. 177 .

2.6.97 EN Official Journal of the European Communities No C 167 / 33

Tuesday, 13 May 1997

— protecting the encoded service itself, giving it the character of an absolute right, or

— banning ' preparatory activities ' relating to the manufacture, importation, distribution and possession
— either for commercial purposes, or for private use — and the commercial promotion and advertising
of decoding devices used for pirating ;

8 . Considers that with the further develpment of the internal market — which finds expression
principally in a high degree of liberalization of the movement of goods and services — a harmonizaton of
national legislations is indispensable to ensure the above-mentioned ' dual protection ' in the context of the
information society ; believes that without this there will be a progressive serious distortion of market
conditions, which will have serious consequences for the industrial branches concerned and thus for
employment ;

9 . Believes that the most appropriate legal instrument for regulating a matter of this kind is the
Directive, the advantage being that it can provide a minimum level of protection in the European
Community through the harmonization of national legislation ; considers that provision should be made for
appropriate sanctions which are indispensable if this arrangement is to prove effective ; takes the view that
any attempt to secure common rules of protection through a regulation — however desirable — would
prove particularly difficult, and consequently ineffective, owing to the substantial divergences that exist
between national arrangements ;

10 . Expresses its sensitivity as regards the expected consequences for consumers of the harmonization
of national rules on combating piracy ; considers that ultimately these consequences usually affect the cost
and quality of the services provided, and expresses its conviction that the optimum, i.e. most effective and
durable, correlation between these two ' parameters ' can be achieved only by an appropriate approach
involving the harmonization of national rules at the highest possible level ; believes that in this way the
conditions will be fulfilled for progressively discouraging and combating piracy ;

1 1 . Considers, in this instance, that there is no basis to the argument that regulations will not produce
the expected result of curbing piracy because the pirates are always capable of making up ' lost ground ' in
technological developments ; believes, on the contrary, that the existing gaps in national regulations assist
the further development of piracy and that only harmonized protection at the highest level would be the
most appropriate means of eradicating it ;

1 2 . Agrees with the Commission that the measure under review should, as far as legally feasible, cover
all encoded services in respect of which encoding is used to ensure payment of a fee : in addition to
traditional and new television retransmission services, these are deemed to include the so-called
information society services which are provided electronically from a distance on the individual demand
of the service receiver ;

13 . Considers that this approach will ensure a framework for comprehensive — rather than fragmentary
— arrangements to combat piracy in sectors in which information society services are being developed ;
considers, however, that this reversal of these priorities — i.e. combating piracy before the approval by
sector of rules for protecting copyright holders — would not justify any delay on the part of the
Commission in proposing the approval of measures aimed at protecting copyright and related rights,
where these are necessary within the framework of the information society ;

14 . Calls finally on the Commission, in respect of the specific arrangements it intends to propose, to
justify in each case the proposed measures by presenting the European Parliament with a complete set of

the most recent statistics and other information relating to the spread of the phenomenon of piracy by
sector of activity ; considers that adequate justification is indispensable for measures which are intended to
have an important impact on the free circulation of goods and services in the European Community and on
consumer protection ;

15 . Instructs its President to forward this resolution to the Commission, the Council and the
governments of the Member States .

No C 167 / 34 EN Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

7 . Application of subsidiarity principle

A4-0155 / 97

Resolution on the Commission reports to the European Council : on the application of the
subsidiarity principle in 1994 ( C()M(94)0533 — C4-0215 / 95 ); entitled ' Better Law-making ' on the
application of the subsidiarity and proportionality principles, on simplification and on consolidation
— 1995 ( CSE(95)0580 — C4-0561 / 95 ); entitled ' Better Law-making 1996 ' on the application of the
subsidiarity and proportionality principles, on simplification and on consolidation ( CSE(96)0007 —
C4-0015 / 97 ); on the application of the subsidiarity and proportionality principles ( interim report )
## ( CSE(96)0002 - C4-0355 / 96 )

The European Parliament,

— having regard to Article 3b of the EC Treaty and Article B of the Treaty on European Union,

— having regard to the conclusions of the Edinburgh European Council of 1 1 and 12 December 1992,

— having regard to the interinstitutional agreement of 25 October 1993 between the Parliament, the
Council and the Commission on procedures for implementing the principle of subsidiarity ('),

— having regard to the Commission report to the European Council on the application of the subsidiarity
## principle in 1994 ( COM(94)0533 - C4-02 15 / 95 ),

— having regard to the Commission report — entitled ' Better Law-making ' — to the European Council
on the application of the subsidiarity and proportionality principles, on simplification and on
## consolidation ( CSE(95)0580 - C4-0561 / 95 ),

— having regard to the Commission interim report of 12 June 1996 to the European Council on the
application of the subsidiarity and proportionality principles ( CSE(96)0002 — C4-0355 / 96 ),

— having regard to the Commission report of 27 November 1996 (' Better Law-making 1996 ') to the
European Council on the application of the subsidiarity and proportionality principles, on
simplification and on consolidation ( CSE(96)0007 — C4-00 15 / 97 ),

— having regard to the report by the Committee on Legal Affairs and Citizens ' Rights ( A4-01 55 / 97 ),

A. whereas the principle of subsidiarity has a political dimension in so far as it seeks to ensure that
Community decisions are adopted as closely as possible to the citizen, but whereas the inclusion of the
principle of subsidiarity in the Treaties is specifically intended to regulate the definition and
implementation of Community actions on the basis of the competences conferred on it by the Member
States without, however, affecting in any way the allocation of competences within the Member
States,

B. whereas the Community is based on the explicit attribution of competences in so far as there is no
presumption of Community competence, which constitutes an exception to Member State compe ­

tence,

C. whereas respect for the principle of explicit attribution presupposes the non-interference of
Community institutions in affairs which fall within the competence of the Member States ; whereas,
however, it is incumbent on the same institutions to undertake any action necessary for them to
accomplish the mission, achieve the goals and fulfil the obligations assigned to them by the Treaties,

D. whereas the exercise of shared competences requires an attribution criterion which will ensure the
legitimacy and effectiveness of Community action when joint action proves necessary,

E. whereas the inclusion of the principle of subsidiarity in the Treaties is intended to prompt Community
intervention in areas which do not fall within its exclusive competence only if and in so far as the
objectives of the proposed action cannot be adequately achieved by the Member States and can, by
reason of the scale or effects of the proposed action, be better achieved by the Community,

(') OJ C 329, 6.12.1993, p. 135 .

2.6.97 EN Official Journal ot the European Communities No C 167 / 35

Tuesday, 13 May 1997

F. whereas the principle of subsidiarity is a dynamic concept which must be applied in the light of the
objectives stated in the Treaties as they duly evolve,

G. whereas Community institutions should adopt an appropriate legal technique in the drawing up of
legislative acts so as to guarantee the clarity and coherence of Community law,

1 . Recalls that the principle ol subsidiarity constitutes a mandatory legal rule of a constitutional nature,
binding on the institutions of the Union and the Member States, and should not obstruct the Community 's
legitimate exercise of the shared competences conferred on it by the Treaty, let alone prevent the
development of actions for which the Community has exclusive competence ;

2 . Marks its agreement with the Commission 's position that ' subsidiarity and proportionality must not
be used as pretexts to call into question all that the Community has already achieved or to return to the
intergovernmental method, which is neither efficient nor democratic ' (');

3 . Considers that the disputes regarding the implementation of the principles of subsidiarity and
proportionality should preferably be settled at the political level, on the basis of the interinstitutional
agreement of 25 October 1993, but recalls that the concrete application of those two legal principles is
subject to the interpretation of the Court of Justice pursuant to Article 164 of the EC Treaty ;

4 . Notes that the Commission has thought it appropriate to extend its most recent reports on
subsidiarity, which it has entitled ' Better Law-making ', to cover planned measures to simplify and
consolidate Community law ; notes with concern the confusion to which that approach gives rise and
stresses the essential difference between simplification and consolidation — and the clarity they bring —
which are criteria of good legislative technique, and subsidiarity and proportionality, which are principles
of a legal nature ;

5 . Invites the Community institutions to consider whether it is efficient to have a specific annual report
on the subsidiarity principle, or whether the same aims could be achieved in an annex to the annual
legislative report, comprising an assessment both of the principles of subsidiarity and proportionality and
of the simplification of legislation ;

6 . Stresses that, when the Commission plans an initiative in implementation of the principle of
subsidiarity, it should demonstrate the legitimacy of its action by identifying the Community dimension of
the problem as well as the advantage in terms of the effectiveness of Community action compared with
action by the Member States acting individually ;

7 . Considers that in this analysis of the advantage in terms of effectiveness, the Commission should
take particular account of the cost of the envisaged Community action, the consequences for the
competitiveness of the Union 's economy, the impact on SMEs / SMIs, the repercussions for employment,
as well as aspects relating to equal opportunities and the environment, to mention only some of the most
important aspects ;

8 . Notes with concern the Commission 's tendency, as a result of the failure of more ambitious
initiatives and / or of Council policy, to present ' framework directives ', ( e.g. taxation of heavy goods
vehicles, public purchase offers, new strategies for water policy ) and codes of conduct and emphasizes the
risk of thereby creating law of a status which is uncertain, less mandatory (' soft law ') and less sure, which
results in fictitious harmonization and in uncertain transposition into the national legal orders ;

9 . Considers that in cases where the Treaties prescribe the use of the codecision procedure, the
Commission must avoid upsetting the balance between the institutions, and thus make the Union more
transparent and democratic ;

10 . Notes with concern the lack of progress during the period 1994-1996 in essential areas of the
internal market, in particular the free movement of persons and the European public limited liability
company, and condemns the way in which this state of affairs has been influenced by use of the
subsidiarity principle in a manner contrary to the Treaty ;

(') CSE(96)0002            - C4-00 15 / 97, Conclusions, p. 1 1 .

No C 167 / 36 EN Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

11 . Is concerned about the fact that during the period 1 994        - 1 996 questions relating to subsidiarity were
systematically raised in relation to initiatives taken under new policies, in particular in the fields of culture,
the audiovisual sector, energy, research, the protection of health, consumers and the environment, work
and the fight against unemployment, and stresses that the application of the principle of subsidiarity
cannot under any circumstances result in a weakening of Community law ;

1 2 . Calls on the Commission to undertake to demonstrate, in a detailed manner, in its next report that
the principle of subsidiarity has not been applied to the detriment of the acquis communautaire ;

1 3 . Marks its agreement with the principle proposed by the Commission that Europe ' must do less to do
better ', but observes with concern the increasing number of preparatory documents presented in 1996
( 13 Green Papers, 2 White Papers, numerous reports, communications and action programmes ); fears that
this investment of time and resources by the Commission could be detrimental to its activity in the field of
legislation on which it has a sole right of initiative ;

14 . Notes that the Commission has withdrawn a large number of pending legislative proposals
( 48 during 1996 ), considered obsolete, and requests the Commission in future to take into account
Parliament 's prior opinion on the matter ;

15 . Considers it necessary to introduce a consistent hierarchy of norms into Community law in order to
promote the transparency and coherence of the legal system ; notes also the need for a clear distinction
between, on the one hand, binding norms and, on the other hand, preparatory documents and declaratory

statements ;

16 . Considers it desirable for legislative proposals and preparatory documents ( Green Papers, White
Papers, reports, communications ) to be made available to the national parliaments of Member States in
time for them to be able to express opinions on the subjects concerned and so strengthen cooperative
relations with the European Parliament ;

17 . Is greatly disturbed by the practice of Member State administrations of ' gold plating ' EC directives
when implementing them into their national law ;

18 . Regrets that national parliaments are often failing to monitor effectively the transposition of EC
directives into their national law ;

19 . Welcomes the informal consolidation of the Community 's legal instruments — this being most
important and a precondition for making the Union accessible to citizens and enterprises — and stresses
the importance of using new information technology both in the consolidation and the publication of
legislation ;

20 . Considers that the wording of Article 3b should not be reviewed by the IGC but that consideration
should be given, together with the Council and the Commission, to improving the implementation of the
code of conduct drawn up on the basis of the interinstitutional agreement of 25 October 1993 ;

21 . Instructs its President to forward this resolution to the Commission, the parliaments of the Member
States, the Council, the governments of the Member States, the Committee of the Regions, the Court of
Justice and the European Council .

2 . 6 . 97 EN Official Journal of the European Communities No C 167 / 37

Tuesday, 13 May 1997

ATTENDANCE REGISTER

13 May 1997

The following signed :

d'Aboville, Adam, Aelvoet, Ahern, Ahlqvist, Alavanos, Alber, Aldo, Amadeo, Anastassopoulos,
d'Ancona, Andersson, André-Léonard, Andrews, Angelilli, Añoveros Trias de Bes, Antony, Anttila,
Aparicio Sanchez, Apolinário, Areitio Toledo, Argyros, Arias Cañete, Arroni, Augias, Avgerinos,
Azzolini, Baggioni, Baldarelli, Baldi, Balfe, Banotti, Bardong, Baron Crespo, Barros Moura,
Barthet-Mayer, Barton, Barzanti, Bazin, Bébéar, Belleré, Bennasar Tous, Berend, Berès, Berger,
Bernard-Reymond, Bernardini, Bertinotti, Bianco, Billingham, Blak, Bloch von Blottnitz, Blokland, Blot,
Böge, Bosch, Bontempi, Boogerd-Quaak, Botz, Bourlanges, Bowe, de Brémond d'Ars, Breyer,
Brinkhorst, Brok, Burenstam Linder, Burtone, Cabezon Alonso, Caccavale, Caligaris, Camisón Asensio,
Campos, Campoy Zueco, Candal, Capucho, Cardona, Canotti, Carlsson, Carnero Gonzalez, Camiti,
Carrère d'Encausse, Cars, Casini Carlo, Cassidy, Castagnède, Castagnetti, Castricum, Caudron,
Cederschiöld, Celiai, Chanterie, Chesa, Chichester, Christodoulou, Coates, Cohn-Bendit, Colajanni,
Colino Salamanca, Collins Gerard, Collins Kenneth D., Colom i Naval, Corbett, Correia, Corrie, Costa
Neves, Cot, Cox, Crampton, Crowley, Cunha, Cunningham, Cushnahan, D'Andrea, Danesin, Dankert,
Daskalaki, De Clercq, De Coene, Decourriere, De Esteban Martin, De Giovanni, Dell'Alba, De Luca,
Deprez, Desama, Diez de Rivera Icaza, van Dijk, Dillen, Dimitrakopoulos, Donnelly Alan John, Donnelly
Brendan Patrick, Donner, Dührkop Dührkop, Dupuis, Dybkjær, Ebner, Eisma, Elchlepp, Elles, Elliott,
Ephremidis, Eriksson, Estevan Bolea, Etti, Evans, Ewing, Fabra Vallés, Falconer, Fantuzzi, Fayot, Ferber,
Féret, Fernández-Albor, Fernández Martín, Ferrer, Ferri, Filippi, Fitzsimons, Flemming, Florenz, Florio,
Fontaine, Fontana, Ford, Fourçans, Fraga Estevez, Friedrich, Frischenschlager, Frutos Gama, Funk,
Gahrton, Galeote Quecedo, Gallagher, García Arias, García-Margallo y Marfil, Garriga Polledo, Gasòliba
i Böhm, de Gaulle, Gebhardt, Ghilardotti, Giansily, Gillis, Gil-Robles Gil-Delgado, Glante, Glase, Goepel,
Goerens, Görlach, Gollnisch, Gomolka, González Alvarez, González Triviño, Graefe zu Baringdorf,
Graenitz, Green, Gröner, Grosch, Grossetete, Günther, Guigou, Guinebertière, Gutiérrez Díaz, Haarder,
Habsburg-Lothringen, Hänsch, Hager, Hallam, Happart, Hardstaff, Harrison, Hatzidakis, Haug, Hautala,
Hawlicek, Heinisch, Hendrick, Herman, Hermange, Hernandez Mollar, Herzog, Hindley, Hoff, Holm,
Hoppenstedt, Hory, Howitt, Hughes, Hulthen, Hume, Hyland, Ilaskivi, Imaz San Miguel, Imbeni, Iversen,
Izquierdo Collado, Izquierdo Rojo, Jackson, Jarzembowski, Jean-Pierre, Jensen Kirsten M., Jensen Lis,
Jöns, Jové Peres, Junker, Kaklamanis, Karamanou, Katiforis, Kellett-Bowman, Keppelhoff-Wiechert,
Kerr, Kestelijn-Sierens, Killilea, Kindermann, Kinnock, Kittelmann, Kjer Hansen, Klaß, Klironomos,
Koch, Kofoed, Kokkola, Konrad, Krarup, Krehl, Kreissl-Dörfler, Kristoffersen, Kronberger, Kuckelkorn,
Kuhn, Kühne, Lage, Lalumière, La Malfa, Lambraki, Lang Carl, Lang Jack M.E., Lange, Langen,
Langenhagen, Lannoye, Larive, Lehne, Lenz, Leopardi, Leperre-Verrier, Le Rachinel, Ligabue,
Lindeperg, Lindholm, Lindqvist, Linkohr, Linser, Lomas, Lucas Pires, Lüttge, Lukas, Lulling, Macartney,
McCartin, McGowan, McIntosh, McKenna, McMillan-Scott, McNally, Maij-Weggen, Malangré,
Malerba, Malone, Manisco, Mann Thomas, Marin, Marinucci, Marra, Marset Campos, Martens, Martin
David W., Mather, Matikainen-Kallström, Mayer, Medina Ortega, Megahy, Méndez de Vigo, Mendiluce
Pereiro, Mendonça, Menrad, Metten, Mezzaroma, Miller, Miranda, Miranda de Lage, Mohamed Ali,
Mombaur, Monfils, Moniz, Moorhouse, Moran Lopez, Moreau, Morgan, Morris, Moscovici,
Mosiek-Urbahn, Müller, Mulder, Murphy, Muscardini, Myller, Napoletano, Nassauer, Needle, Nencini,
Newens, Newman, Nicholson, Nordmann, Novo, Novo Belenguer, Occhetto, Oddy, Ojala, Olsson,
Oomen-Ruijten, Oostlander, Otila, Paasilinna, Paasio, Pack, Pailler, Paisley, Palacio Vallelersundi,
Panagopoulos, Papakyriazis, Papayannakis, Parigi, Parodi, Pasty, Peijs, Pérez Royo, Perry, Pery, Peter,
Pettinari, Pex, Piecyk, Piha, Pimenta, Pirker, Plooij-van Gorsel, Podestà, Poettering, Poggiolini, Poisson,
Pollack, Pomes Ruiz, Pompidou, Porto, Posselt, Pradier, Pronk, Provan, Puerta, van Putten, Querbes,
Quisthoudt-Rowohl, Rack, Randzio-Plath, Rapkay, Raschhofer, Rauti, Read, Reding, Redondo Jiménez,
Rehder, Ribeiro, Riis-Jørgensen, Rinsche, Ripa di Meana, Robles Piquer, Rocard, Rosado Fernandes, de
Rose, Roth-Behrendt, Rothe, Rothley, Rovsing, Rübig, Ryynänen, Saint-Pierre, Sakellariou, Salafranca
Sánchez-Neyra, Samland, Sandbæk, Santini, Sanz Fernández, Sarlis, Sauquillo Pérez del Arco,
Scapagnini, Schafer, Schaffner, Schiedermeier, Schierhuber, Schlechter, Schleicher, Schlüter, Schmid,
Schmidbauer, Schnellhardt, Schörling, Schröder, Schroedter, Schulz, Schwaiger, Seal, Secchi, Seppänen,
Sierra González, Simpson, Sindal, Sisó Cruellas, Sjöstedt, Skinner, Smith, Soltwedel-Schäfer, Sonneveld,
Souchet, Soulier, Spaak, Speciale, Spencer, Stasi, Stenmarck, Stenzel, Stewart-Clark, Stirbois,
Stockmann, Striby, Sturdy, Svensson, Swoboda, Tajani, Tamino, Tannert, Tappin, Telkämper, Terrón i
Cusí, Teverson, Theato, Theonas, Theorin, Thomas, Thors, Thyssen, Tillich, Tindemans, Titley,
Tomlinson, Tongue, Torres Couto, Torres Marques, Trakatellis, Truscott, Ullmann, Väyrynen,
Valdivielso de Cué, Vallvé, Valverde Lopez, Vandemeulebroucke, Vanhecke, Van Lancker, Vaz da Silva,
Vecchi, van Velzen W. G., van Velzen Wim, Verde i Aldea, Verwaerde, Viceconte, Vinci, Viola, Virgin,
Virrankoski, Voggenhuber, van der Waal, Waddington, Waidelich, Walter, Watson, Watts, Weber,
Wemheuer, West, White, Whitehead, Wibe, Wiebenga, Wiersma, Wijsenbeek, Willockx, Wilson, von
Wogau, Wolf, Wynn, Zimmermann

No C 167 / 38 PEN Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

ANNEX

Result of roll-call votes

(+) = For

(— ) = Against

( O ) = Abstention

1 . Ford report A4-0107 / 97

Decision

(+)

ARE : Castagnede, Dell'Alba, Dupuis, Ewing, Gonzalez Triviño, Hory, Lalumière, Macartney, Novo
Belenguer, Pradier, Saint-Pierre, Vandemeulebroucke

ELDR : André-Leonard, Anttila, Boogerd-Quaak, Cars, Cox, De Clercq, Dybkjær, Eisma,
Frischenschlager, Gasòliba i Böhm, Goerens, Haarder, Kestelijn-Sierens, Kjer Hansen, La Malfa, Larive,
Lindqvist, Monfils, Mulder, Olsson, Plooij-van Gorsel, Riis-J0rgensen, Ryynänen, Spaak, Teverson,
Thors, Vallvé, Virrankoski, Väyrynen, Watson, Wiebenga, Wijsenbeek

GUE / NGL : Eriksson, Gonzalez Alvarez, Gutiérrez Diaz, Herzog, Jové Peres, Miranda, Mohamed Ali,
Ojala, Pailler, Pettinari, Puerta, Seppänen, Sjöstedt, Svensson, Theonas

I-EDN : Blokland, de Gaulle, Jensen Lis, de Rose, Sandbæk, Souchet, Striby, van der Waal

NI : Amadeo, Dillen, Féret, Häger, Linser, Raschhofer, Vanhecke

PPE : Alber, Anastassopoulos, Añoveros Trias de Bes, Areitio Toledo, Argyros, Arias Cañete, Banotti,
Bardong, Berend, Bernard-Reymond, Bianco, Böge, Bourlanges, de Brémond d'Ars, Brok, Burenstam
Linder, Burtone, Camisón Asensio, Campoy Zueco, Capucho, Carlsson, Castagnetti, Cederschiold,
Chanterie, Chichester, Christodoulou, Corrie, Cunha, Cushnahan, De Esteban Martin, Deprez,
Dimitrakopoulos, Donnelly Brendan, Ebner, Elles, Estevan Bolea, Fabra Valles, Ferber, Fernández-Albor,
Ferrer, Filippi, Flemming, Florenz, Fontaine, Fontana, Fourçans, Fraga Estevez, Friedrich, Funk,
García-Margallo y Marfil, Garriga Polledo, Glase, Goepel, Gomolka, Grosch, Grossetete, Günther,
Habsburg-Lothringen, Hatzidakis, Heinisch, Herman, Hernandez Mollar, Hoppenstedt, Ilaskivi, Imaz San
Miguel, Jackson, Jarzembowski, Kellett-Bowman, Keppelhoff-Wiechert, Klaß, Koch, Konrad,
Kristoffersen, Lambrias, Langen, Langenhagen, Lehne, Lenz, Liese, Lucas Pires, Lulling, McCartin,
McIntosh, Maij-Weggen, Martens, Mather, Matikainen-Kallström, Mayer, Mendez de Vigo, Mendonça,
Menrad, Mosiek-Urbahn, Nassauer, Oomen-Ruijten, Oostlander, Otila, Pack, Palacio Vallelersundi, Peijs,
Perry, Pex, Piha, Pimenta, Pirker, Poettering, Poggiolini, Porto, Posselt, Pronk, Provan,
Quisthoudt-Rowohl, Rack, Reding, Redondo Jimenez, Rinsche, Robles Piquer, Rübig, Salafranca
Sánchez-Neyra, Sarlis, Schiedermeier, Schleicher, Schlüter, Schnellhardt, Schröder, Secchi, Sisó
Cruellas, Sonneveld, Soulier, Spencer, Stasi, Stenmarck, Stenzel, Stewart-Clark, Sturdy, Theato, Thyssen,
Tindemans, Trakatellis, Vaz Da Silva, van Velzen W.G. . Verwaerde, Viola, Virgin, von Wogau

PSE : Ahlqvist, d Ancona, Andersson Jan, Aparicio Sanchez, Apolinário, Augias, Avgerinos, Baldarelli,
Balfe, Barros-Moura, Barton, Barzanti, Berès, Berger, Billingham, Blak, Botz, Bowe, Bösch, Cabezón
Alonso, Candal, Carlotti, Castricum, Caudron, Colino Salamanca, Collins Kenneth D., Colom i Naval,
Corbett, Correia, Cot, Crampton, Cunningham, Dankert, De Coene, Desama, Donnelly Alan John,
Donner, Dührkop Dührkop, Elchlepp, Elliott, Ettl, Evans, Fayot, Ford, Frutos Gama, Gebhardt,
Ghilardotti, Glante, Görlach, Graenitz, Green, Gröner, Hänsch, Hallam, Hardstaff, Haug, Hendrick, Hoff,
Hughes, Hulthén, Imbeni, Iversen, Izquierdo Collado, Izquierdo Rojo, Jensen Kirsten, Jöns, Junker,
Karamanou, Katiforis, Kerr, Kindermann, Klironomos, Kokkola, Krehl, Kuckelkorn, Kuhn, Kuhne, Lage,
Lambraki, Lange, Lindeperg, Linkohr, McGowan, McMahon, McNally, Malone, Martin David W.,
Medina Ortega, Megahy, Miller, Morgan, Murphy, Myller, Napoletano, Nencini, Newens, Newman,
Oddy, Paasilinna, Paasio, Panagopoulos, Papakyriazis, Pérez Royo, Peter, Piecyk, Pollack, van Putten,
Randzio-Plath, Rapkay, Rehder, Rocard, Roth-Behrendt, Rothe, Rothley, Sakellariou, Samland, Sanz
Fernandez, Schäfer, Schlechter, Schmidbauer, Schulz, Seal, Simpson, Sindal, Skinner, Smith, Stockmann,
Swoboda, Tannert, Tappin, Terrön i Cusí, Theorin, Titley, Tomlinson, Torres Marques, Truscott, Tsatsos,
Van Lancker, Vecchi, van Velzen Wim, Verde i Aldea, Waddington, Waidelich, Walter, Watts, Weiler,
Wemheuer, West, White, Whitehead, Wibe, Wiersma, Willockx, Wilson, Wynn, Zimmermann

UPE : d'Aboville, Azzolini, Baldi, Boniperti, Caccavale, Cardona, Carrère d'Encausse, Crowley,
Daskalaki, Gallagher, Guinebertière, Hermange, Hyland, Kaklamanis, Leopardi, Ligabue, Malerba,
Parodi, Pasty, Podestà, Rosado Fernandes, Schaffner, Viceconte

2 . 6 . 97 EN Official Journal of the European Communities No C 167 / 39

Tuesday, 13 May 1997

                   

V : Aelvoet, Ahern, Bloch von Blottnitz, Breyer, Cohn-Bendit, van Dijk, Gahrton, Graefe zu Baringdorf,
Hautala, Holm, Lannoye, Miiller, Schroedter, Tamino, Telkämper, Voggenhuber, Wolf

(0

GUE / NGL : Ephremidis

PPE : Malangré, Mann Thomas, Mombaur

V : Lindholm

2 . Anastassopoulos report A4-0 119 / 97

Resolution

(+)

ARE : Castagnède, Dell'Alba, Dupuis, Ewing, Gonzalez Triviño, Hory, Lalumière, Leperre-Verrier,
Macartney, Novo Belenguer, Pradier, Saint-Pierre, Vandemeulebroucke

ELDR : Andre-Leonard, Anttila, Boogerd-Quaak, Cars, Cox, De Clercq, Dybkjær, Eisma,
Frischenschlager, Gasòliba i Bohm, Goerens, Haarder, Kestelijn-Sierens, La Malfa, Larive, Lindqvist,
Monfils, Mulder, Olsson, Plooij-van Gorsel, Riis-J0rgensen, Ryynänen, Spaak, Teverson, Thors, V alive,
Virrankoski, Väyrynen, Watson, Wiebenga, Wijsenbeek

GUE / NGL : Gonzalez Alvarez, Gutierrez Diaz, Herzog, Jove Peres, Manisco, Marset Campos, Miranda,
Mohamed Ali, Moreau, Novo, Ojala, Pettinari, Puerta, Ribeiro, Sierra Gonzalez, Theonas

I-EDN : Blokland, Nicholson, de Rose, Souchet, Striby, van der Waal

NI : Amadeo, Dillen, Hager, Lang Carl, Le Rachinel, Linser, Raschhofer, Vanhecke

PPE : Alber, Anastassopoulos, Añoveros Trias de Bes, Areitio Toledo, Argyros, Arias Cañete, Banotti,
Bardong, Bébéar, Berend, Bernard-Reymond, Bianco, Böge, Bourlanges, de Brémond d'Ars, Brok,
Burenstam Linder, Burtone, Camisón Asensio, Campoy Zueco, Capucho, Carlsson, Castagnetti,
Cederschiold, Chanterie, Chichester, Christodoulou, Corrie, Costa Neves, Cunha, Cushnahan, De Esteban
Martin, Deprez, Dimitrakopoulos, Donnelly Brendan, Ebner, Elles, Estevan Bolea, Fabra Valles, Ferber,
Fernández-Albor, Ferrer, Filippi, Flemming, Florenz, Fontaine, Fontana, Fourçans, Fraga Estevez,
Friedrich, Funk, García-Margallo y Marfil, Garriga Polledo, Glase, Goepel, Gomolka, Grosch, Grossetete,
Günther, Habsburg-Lothringen, Hatzidakis, Heinisch, Herman, Hernandez Mollar, Hoppenstedt, Ilaskivi,
Imaz San Miguel, Jackson, Jarzembowski, Kellett-Bowman, Keppelhoff-Wiechert, Kittelmann, Klaß,
Koch, Konrad, Kristoffersen, Lambrias, Langen, Langenhagen, Lehne, Lenz, Liese, Lucas Pires, Lulling,
McCartin, McIntosh, McMillan-Scott, Maij-Weggen, Malangré, Mann Thomas, Martens, Mather,
Matikainen-Kallström, Mayer, Mendez de Vigo, Mendonça, Menrad, Mombaur, Moorhouse,
Mosiek-Urbahn, Nassauer, Oomen-Ruijten, Otila, Pack, Palacio Vallelersundi, Peijs, Perry, Pex, Piha,
Pimenta, Pirker, Poettering, Poggiolini, Porto, Posselt, Pronk, Provan, Quisthoudt-Rowohl, Rack, Reding,
Redondo Jimenez, Rinsche, Robles Piquer, Rübig, Salafranca Sánchez-Neyra, Sarlis, Schiedermeier,
Schleicher, Schlüter, Schnellhardt, Schröder, Secchi, Sisó Cruellas, Sonneveld, Soulier, Spencer, Stasi,
Stenmarck, Stenzel, Stewart-Clark, Sturdy, Theato, Thyssen, Tillich, Tindemans, Trakatellis, Vaz Da
Silva, van Velzen W.G., Verwaerde, Viola, Virgin, von Wogau

PSE : Ahlqvist, d'Ancona, Andersson Jan, Aparicio Sanchez, Apolinário, Augias, Avgerinos, Baldarelli,
Balfe, Barros-Moura, Barton, Berès, Berger, Bernardini, Billingham, Blak, Botz, Bowe, Bosch, Cabezón
Alonso, Campos, Candal, Carlotti, Castricum, Caudron, Collins Kenneth D., Colom i Naval, Corbett,
Correia, Cot, Crampton, Cunningham, Dankert, De Coene, De Giovanni, Desama, Donnelly Alan John,
Donner, Dührkop Dührkop, Elchlepp, Elliott, Ettl, Evans, Falconer, Fantuzzi, Fayot, Frutos Gama,
Gebhardt, Ghilardotti, Glante, Görlach, Graenitz, Green, Gröner, Hansch, Hallam, Happart, Hardstaff,
Haug, Hendrick, Hoff, Hughes, Hulthén, Imbeni, Iversen, Izquierdo Collado, Izquierdo Rojo, Jensen
Kirsten, Jöns, Junker, Karamanou, Katiforis, Kerr, Kindermann, Kinnock, Klironomos, Krehl,
Kuckelkorn, Kuhn, Kuhne, Lage, Lambraki, Lange, Lindeperg, Linkohr, McGowan, McMahon, McNally,
Malone, Martin David W., Medina Ortega, Megahy, Mendiluce Pereiro, Metten, Miller, Miranda de Lage,
Morgan, Morris, Murphy, Myller, Needle, Nencini, Newens, Newman, Oddy, Paasilinna, Paasio,
Papakyriazis, Perez Royo, Pery, Peter, Piecyk, Pollack, van Putten, Randzio-Plath, Rapkay, Rehder,
Rocard, Roth-Behrendt, Rothe, Rothley, Sakellariou, Samland, Sanz Fernandez, Schäfer, Schlechter,
Schmidbauer, Schulz, Seal, Simpson, Sindal, Skinner, Smith, Stockmann . Swoboda, Tannert, Tappin,

No C 167 / 40 EN Official Journal of the European Communities 2 . 6 . 97

Tuesday, 13 May 1997

Terron i Cusí, Theorin, Thomas, Titley, Tomlinson, Tongue, Torres Marques, Truscott, Tsatsos, Van
Lancker, Vecchi, van Velzen Wim, Verde i Aldea, Waddington, Waidelich, Walter, Watts, Weiler,
Wemheuer, West, White, Whitehead, Wibe, Wiersma, Willockx, Wilson, Wynn, Zimmermann

UPE : d'Aboville, Arroni, Azzolini, Baldi, Boniperti, Caccavale, Cardona, Carrère d'Encausse, Daskalaki,
Gallagher, Giansily, Guinebertière, Hermange, Hyland, Leopardi, Ligabue, Malerba, Parodi, Pasty,
Podestà, Poisson, Rosado Fernandes, Santini, Schaffner, Tajani, Viceconte

V : Aelvoet, Ahern, Bloch von Blottnitz, Hautala, Telkämper, Voggenhuber

                   

GUE / NGL : Eriksson, Seppanen, Sjöstedt, Svensson

V : Holm, Schörling

( O )

I-EDN : Bonde, de Gaulle, Jensen Lis, Sandbæk

V : Gahrton, Kreissl-Dörfler, Lannoye, Schroedter, Soltwedel-Schäfer