Source: EURLEX
Language: en
Format: md

23 . 1 . 95 Official Journal of the European Communities No C 18 / 419

Friday, 16 December 1994

MINUTES OF PROCEEDINGS OF THE SITTING OF FRIDAY, 16 DECEMBER 1994

( 95 / C 18 / 94 )

PART I

Proceedings of the sitting

IN THE CHAIR : Mr Gutiérrez Diaz

Vice-President

( The sitting was opened at 9 a.m .)

1. Approval of Minutes

Mr Pronk had informed the Chair that he had been
present the previous day but had not signed the atten ­
dance register .

Mrs Trautmann had informed the Chair that she had
intended to abstain in the vote on reports A4-0093 and
0108 / 94 on the Uruguay Round, not to vote in favour,

The following spoke :

- Mr Wynn and Mr Provan, the latter to point out that
he had been present the previous day but that his name
did not appear in the record of attendance ;

- Mr Hallam, who criticized the ELDR Group for not
voting on ' Agriculture ' during the topical and urgent
debate ;

- Mr De Vries, on behalf of the ELDR Group, who
explained once again his group's position on this matter .

The Minutes of the previous sitting were approved .

The following spoke :

- Mr Feret, who complained that on Friday 1 6 Nov ­
ember 1994 his house in Belgium had been searched by
the investigating magistrate and that this constituted a
violation of his European parliamentary immunity ; he ad ­
ded that he had lodged a complaint against the Belgian
authorities and asked for the support of the President of
Parliament ( the President replied that he would forward
his request to the President );

- Mr Cabezon Alonso, who condemned the terrorist
attack carried out the previous day in San Sebastian
which had killed one person ; he asked that the President
send his condolences to the authorities of the city and the
family of the victim ( the President endorsed his senti ¬
ments and undertook to forward his request to the
President );

- Mr Ephremidis, who asked that the President ensure
that the resolution adopted the previous day on Turkey
( Part II, Item 12 ) was implemented ; this resolution called
on the Council to suspend the talks on the establishment
of a customs union between Turkey and the European
Union and to postpone the meeting scheduled for 19 De ¬
cember 1994 ; he recalled that he had previously asked the
President to intervene on behalf of three Greek seamen
who were under arrest and awaiting trial in Cairo, but that
he had so far received no reply on this matter ;

- Mr Carnero Gonzalez who, on behalf of the GUE
Group, also condemned the terrorist attack in San Sebas ­
tian ;

- Mr Tomlinson, on the news he had heard on the
radio of a substantial Labour victory in the Dudley
by-election ;

- Mr Robles Piquer, on behalf of the PPE Group, and
Mr Imaz San Miguel, who both endorsed Mr Cabezôn
Alonso's remarks .

2 . Documents received

The President announced that he had received :

( a ) from the Council :

< aa )

- Proposal for a Council Regulation amending Regu ­
lation ( EEC ) No 3906 / 89 in order to extend economic aid
to Croatia ( COM(94)0526 - C4-0260 / 94 - 94 /
0271(CNS ))

referred to

responsible : RELA
opinion : FASE, BUDG

legal basis : Art . 235 EC

- Proposal for a Council Recommendation on the
broad guidelines of the economic policies of the Member
States and of the Community ( LET 1 1 685 / 94 - C4 ­
0262 / 94 )

referred to

responsible : ECON

legal basis : Art . 103(2 ) EC

( ab )

- Opinion of the Council on transfer of appropriations
No 40 / 94 between chapters in Section IV - Court of
Justice - of the General Budget of the European Commu ­
nities for the financial year 1994 ( C4-0253 / 94 )

referred to

responsible : BUDG

- Opinion of the Council on transfer of appropriations
No 38 / 94 between chapters in Section VI - Economic
and Social Committee - Committee of the Regions - of
the General Budget for the European Communities for
the financial year 1994 ( C4-0265 / 94 )

referred to

responsible : BUDG

No C 18 / 420 Official Journal of the European Communities 23 . 1.95

Friday, 16 December 1994

( b ) from the Commission :

# - Fifth Periodic Report on the Social and Economic

Situation and Development of the Regions of the Com ­
# munity ( CC)M(94)0322 - C4-0095 / 94 )

referred to
responsible : REGI

- Commission Annual Report on Employment m
# Europe 1994 ( COM(94)0381 - C4-0200 / 94 )

referred to
responsible : SOCI
opinion : ECON, EMPL

- Proposal for a European Parliament and Council
Directive amending Council Directive 79 / 58 1 / EEC on
consumer protection in the indication of the prices of
foodstuffs as amended by Council Directive 88 / 3 1 5 / EEC
and Council Directive 88 / 314 / EEC on consumer protec ­
tion in the indication of the prices of non-food products
( COM(94)043 1 - C4-0263 / 94 - 94 / 0300(COD ))

 - André-Léonard, on the creation of an internal market
for European audio - visual programmes ( B4-0210 / 94 )

referred to
responsible : CULT
opinion : BUDG, ECON

 - Kellett-Bowman, Oostlander, Pack, Robles Piquer
and Sarlis, on behalf of the PPE Group, on the Great
Jubilee of Christianity in Europe in the year 2000
( B4-02 1 1 / 94 )

referred to
responsible : CULT

- Amadeo, Angelilli, Bellerè, Celiai, Fini, Muscar ­
dini, Musumeci, Parigi, Rauti, Tatarella and Trizza, on
political support for the CAP ( B4-0212 / 94 )

referred to
responsible : AGRI

- Muscardini, Amadeo, Angelilli, Bellerè, Cellai,
Fini, Musumeci, Parigi, Rauti, Tatarella and Trizza, on
reform of the organization of the market in wine ( B4 ­
0213 / 94 )

referred to
responsible : ENVI
opinion : ECON

referred to
legal basis : Art . 100a EC responsible : AGRI
opinion : BUDG, ENVI

- Communication from the Commission : Co-opera ­
tion in science and technology between the European
Union and the countries of central and eastern Europe on
the one hand and the new independent states of the
former Soviet Union on the other ( COM(94)0420 C4-0266 / 94 )

- Amadeo, Angelilli, Bellerè, Celiai, Fini, Muscar ­
dini, Musumeci, Parigi, Rauti, Tatarella and Trizza, on
European initiatives in favour of beekeepers ( B4-0214 /
94 )

referred to
referred to
responsible : AGRI
responsible : RTDE opinion : BUDG, ENVI
opinion : RELA, ENVI, FASE, BUDG

                         - Amadeo, Angelilli, Bellerè, Celiai, Fini, Muscar ­
dini, Musumeci, Parigi, Rauti, Tatarella and Trizza, on
( c ) from the following Members : promoting tourism in wine-growing areas ( B4-0215 / 94 )

referred to

( ca ) proposal to amend the Rules ( Rule 163 ): responsible : TRAN

opinion : AGRI
- Ford, on Rule 33 ( B4-0223 / 94 )

referred to
responsible : RULE

- Amadeo, Angelilli, Bellerè, Celiai, Fini, Muscar ­
dini, Musumeci, Parigi, Rauti, Tatarella and Trizza, on
the European Union and reform of the United Nations
( B4-02 1 6 / 94 )

( cb ) motions for resolutions ( Rule 45 ): referred to
responsible : FASE
- Amadeo, Bellerè and Muscardini, on sports medi ­
cine ( B4-0208 / 94 ) - Amadeo, Angelilli, Bellerè, Celiai, Fini, Muscar ­
dini, Musumeci, Parigi, Rauti Tatarella and Trizza, on the
referred to appointment of the new Commission ( B4-02 1 7 / 94 )
responsible : CULT
opinion : ENVI referred to
responsible : RULE
- Muscardini, Amadeo, Angelilli, Bellerè, Celiai,
Fini, Musumeci, Parigi, Tatarella and Trizza, on trade in - De Coene, on a coordinated approach to combating
organs for transplant ( B4-0209 / 94 ) hooliganism while respecting civil liberties ( B4-02 1 8 / 94 )

referred to
responsible : ENVI
opinion : LEGA

referred to
responsible : CI VI
opinion : CULT

23 . 1.95 Official Journal of the European Communities No C 18 / 421

Friday, 16 December 1994

# - Muscardini, Amadeo, Angelilli, Bellerè, Celiai, - Muscardini, on a European system for rating hotels

Fini, Musumeci, Parigi, Rauti, Tatarella and Trizza, on ( B4-0337 / 94 )
the future shape of Europe ( B4-0219 / 94 ) referred to
referred to responsible : TRAN
responsible : INST
                         - Muscardini, on floods in Europe ( B4-0338 / 94 )

- Amadeo, Angelilli, Bellerè, Celiai, Fini, Muscar ­ referred to
dini, Musumeci, Parigi, Rauti, Tatarella and Trizza, on responsible : ENVI
the situation in Liberia ( B4-0220 / 94 )

referred to
responsible : FASE
opinion : DEVE

- Muscardini, Amadeo, Angelilli, Bellerè, Celiai,
Fini, Musumeci, Parigi, Rauti, Tatarella and Trizza, on
the institution of the family ( B4-0221 / 94 )

referred to

responsible : SOCI

- Moorhouse, on the need for a new strategy with
relation to Asia ( B4-0222 / 94 )

referred to
responsible : FASE
opinion : RELA

- Van der Waal, on computer pornography ( B4-0224 /
94 )

referred to

responsible : CI VI
opinion : CULT

- Ford, on the denial of the Holocaust within the EU
( B4-0225 / 94 )

referred to
responsible : CI VI

# - Robles Piquer, on setting up a guarantee centre for

Community investments in the ACP countries ( B4 ­
0330 / 94 )

referred to
responsible : BUDG
opinion : DEVE

- Sturdy, Arias Cañete, Bôge, Kenneth D. Collins, De
Clercq, Fraga Estévez, Lucas Pires, Pimenta, Sonneveld,
Spencer, Theato and Wynn, on the implications of
re-nationalization of the Common Agricultural Policy
( CAP ) ( B4-03 34 / 94 )

- Robles Piquer, on relations between the European
Union and MERCOSUR ( B4-0339 / 94 )

referred to

responsible : RELA
opinion : DEVE, FASE

- Pollack, on women artists and resale rights ( B4 ­
0340 / 94 )

referred to

responsible : LEG A
opinion : WOME

- Fernández-Albor, on the establishment of a Euro ­
pean Assembly of Senior Citizens ( B4-0431 / 94 )

referred to
responsible : SOCI

- Fernández-Albor, on meetings of Heads of State of
the Member States of the European Union ( B4-0432 / 94 )

referred to

responsible : INST

3 . Referral to committees

All committees concerned had been asked for opinions
on ' operation of the EU Treaty with a view to the 1996
Intergovernmental Conference '.

Authorized to draw up a report : Committee on Institu ­
tional Affairs .

4 . Decision on urgent procedure

The next item was the decision on the request for urgent
procedure on the proposal for a Council Regulation on
fees payable to the European Medicines Evaluation
Agency ( COM(94)0167 - C4-0126 / 94 - 94 /
0220(CNS )).

referred to
responsible : AGRI
opinion : ENVI

: The following spoke : Mr Samland, chairman of the
opinion : ENVI Committee on Budgets, Mr Kellett-Bowman and

Mrs Theato, chairman of the Committee on Budgetary
- Robles Piquer, on airlines in the European Union Control .
( B4-0335 / 94 )

referred to The request was rejected .

responsible : TRAN

0336 - Newman / 94 ), on human rights in East Timor ( B4 ­ 5 . Sea bream and bass - ( Rule 143 )

referred to The next item was the vote on the proposal for a Council
responsible : FASE Regulation opening and providing for the administration

No C 18 / 422 Official Journal of the European Communities 23 . 1.95

Friday, 16 December 1994

of a Community tariff quota for live fry and juveniles of
sea bream ( Sparus aurata ) and bass ( Dicentrarchus
labrax ) originating in Ceuta ( CC)M(94)0194 - C4-0207 /
94 - 94 / 0153(CNS ))

referred to
responsible : RELA
opinion : BUDG, FISH

Amendments rejected : 2 ; 13 by EV ( 34 for, 1 14 against,

1 abstention )

The following spoke during the vote :

Mrs Oomen-Ruijten, on behalf of the PPE Group, to
request a separate vote on am . 13 .

legal basis : Art . 025(4 ) ACCESSION 85 Parliament amended ( Part approved II, Item 3 the ). Commission proposal as

PROPOS AL FOR A REGULATION COM(94)0194 DRAFT LEGISLATIVE RESOLUTION :
C4-0207 / 94 - 94 / 0153(CNS )

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

Parliament adopted the legislative resolution by RCV
( PPE ):

Members voting : 145
For : 145
6 . Alpine Convention - ( vote ) Against : 0
Abstentions : 0

Report by the the Committee on the Environment,
Public Health and Consumer Protection, on the ( Part II, Item 3 ).
proposal for a Council Decision on the conclusion of
the Convention on the protection of the Alps ( Alpine Mr Raffarin
Convention ) ( COM(94)0336 - C4-0152 / 94 - 94 / welcomed some
0193(CNS )) ( Rapporteur : Mr Kenneth D. Collins ) who were sitting
( without debate )

Mr Raffarin spoke on the result of the vote, and then
welcomed some representatives of the Cognac region
who were sitting in the gallery .

PROPOSAL FOR A DECISION COM(94)0336 - C4 ­ 8 . Suspending autonomous Customs Tariff
0152 / 94 - 94 / 0 1 93(CNS ): duties on industrial products - ( vote )

Amendments adopted : 1 by EV ( 80 for, 65 against,

1 abstention ) and 2 .

The following spoke during the vote : Mrs Oomen ­
Ruijten, who pointed out that her group did not have the
amendments to this report, and Mrs Aelvoet .

Parliament approved the Commission proposal as
amended ( Part II, Item 2 ).

DRAFT LEGISLATIVE RESOLUTION :

Amendment adopted : 3 .

Mr Valverde Lopez asked that the Legal Service look into
the question of the admissibility of the amendments
which had just been adopted since in his view Parliament
could not amend an international convention ( the Presi ­
dent replied that this would be done ).

Moniz report  - A4-0091 / 94

PROPOSAL FOR A REGULATION COM(94)0349 C4-0187 / 94 - 94 / 01 9 1 ( CNS ):

Parliament approved the Commission proposal ( Part II,
Item 4 ).

DRAFT LEGISLATIVE RESOLUTION :

Parliament adopted the legislative resolution ( Part II,
Item 4 ).

9 . Anti-dumping measures for the Canary

Islands  - ( vote )
Ferrer report   - A4-0090 / 94

PROPOSAL FOR A REGULATION COM(94)0273                    
Explanations of vote : C4-0182 / 94 - 94 / 0158(CNS ):

- in writing : Mrs Gonzalez Alvarez, Mr Kreissl ­
Dörfler, Mrs Di'ez de Rivera Icaza and Mr Langer . Parliament approved the Commission proposal ( Part II,
Item 5 ).
Parliament adopted the legislative resolution ( Part II,
Item 2 ). DRAFT LEGISLATIVE RESOLUTION :

Parliament adopted the legislative resolution ( Part II,

7 . Counterfeit goods *** I ( vote ) Item 5 ).

Chesa report   - A4-0078 / 94

DRAFT REGULATION 5132 / 94 - C4-0066 / 94 - 00 / 10 . Excise duties on minerai oils - ( debate and
0922(COD ): vote )

Amendments adopted : 1 ( legal basis ); 3 ; 18 ; 4 to 10
collectively ; 17 ; 11 and 12 collectively ; 14 to 16 collec ­
tively

Mr Miller introduced his report, drawn up on behalf of
the Committee on Economic and Monetary Affairs and
Industrial Policy, on the proposal for a Council Directive

23 . 1.95 Official Journal of the European Communities No C 18 / 423

Friday, 16 December 1994

amending Council Directive 92 / 12 / EEC of 25 February 12 . Macro-fînancial

1992 on the general arrangements for products subject to ( debate and vote )

12 . Macro-fînancial assistance for Ukraine 

1992 on the general arrangements for products subject to
excise duty and on the holding, movement and moni ­
toring of such products, Council Directive 92 / 8 1 / EEC of

19 October 1992 on the harmonization of the structures of

excise duties on mineral oils and Council Directive
92 / 82 / EEC of 19 October 1992 on the approximation of
the rates of excise duties on mineral oils ( COM(94)0179
- C4-01 13 / 94 - 94 / 0155 ( CNS )) ( A4-0052 / 94 )

Mrs Mann introduced her report, drawn up on behalf of
the Committee on External Economic Relations, on the
proposal for a Council Decision granting macro-financial
assistance to the Ukraine ( COM(94)0487 - C4-0247 / 94
- 94 / 0256(CNS )) ( A4-01 14 / 94 )

The following spoke : Mr Posselt, on behalf of the PPE

The following spoke : Mrs Lulling, on behalf of the PPEi Group, Mrs Boogerd-Quaak, on behalf of the ELDR
Group, and Mr Steichen, Member of the Commission . Group, Mr Langer, on behalf of the V Group, and

Mr Steichen, Member of the Commission .
The President closed the debate . The President closed the debate .

VOTE VOTE

PROPOS AL FOR A DIRECTIVE COM(94)0179 - C4 ­
01 13 / 94 - 94 / 01 55(CNS ):

PROPOSAL FOR A DECISION COM(94)0487 - C4 ­
0247 / 94 - 94 / 0256(CNS ):

Amendments adopted : 1 and 2 collectively . Amendments adopted : 2 and 1 ;

Parliament approved the Commission proposal as
amended ( Part II, Item 6 ) .

Parliament approved the Commission proposal as
amended ( Part II, Item 8 ).

DRAFT LEGISLATIVE RESOLUTION :

DRAFT LEGISLATIVE RESOLUTION :

Parliament adopted the legislative resolution ( Part II,
Item 6 ).

Parliament adopted the legislative resolution by RCV
( PPE ):

Members voting : 52
For : 52
Against : 0
Abstentions : 0

11 . Aid to shipbuilding - ( debate and vote ) ( Part II, Item 8 ).

Mrs Garcia Arias introduced her report, drawn up on
behalf of the Committee on Economic and Monetary
Affairs and Industrial Policy, on the proposal for a
Council Directive amending Directive 90 / 684 / EEC on
# aid to shipbuilding ( COM(94)0444 - C4-0254 / 94 
94 / 0238(CNS )) ( A4-01 15 / 94 ).

The following spoke : Mr Argyros, on behalf of the PPE
Group, Mr Rosado Fernandes, on behalf of the RDE
Group, Mr Haarder, who put a question to la Commis ­
sion, Mr Steichen, Member of the Commission and
Mr Kellett-Bowman, who also put a question to the
Commission, which Mr Steichen answered .

The President closed the debate .

VOTE

PROPOSAL FOR A DIRECTIVE COM(94)0444 - C4 ­
0254 / 94 - 94 / 0238(CNS ):

Amendment adopted : 1 .

Parliament approved the Commission proposal as
amended ( Part II, Item 7 ).

13 . Recruitment of officials following enlarge ­

ment  - ( debate and vote )

Mr Carlo Casini introduced his report, drawn up on
behalf of the Committee on Legal Affairs and Citizens '
Rights, on the proposal for a Council Regulation intro ­
ducing special and temporary measures applicable to the
recruitment of officials of the European Communities as
a result of the accession of Austria, Finland, Norway and
Sweden ( COM(94)0496 - C4-025 1 / 94 - 94 / 0259(CNS ))
( A4-0109 / 94 ).

Mr von Habsburg spoke, on behalf of the PPE Group .

IN THE CHAIR : Mr ANASTASSOPOULOS

Vice-President

The following spoke : Mrs Gebhardt, on behalf of the PSE
Group, and Mr Steichen, Member of the Commission .

The President closed the debate .

VOTE

DRAFT LEGISLATIVE RESOLUTION : PROPOSAL FOR A REGULATION COM(94)0496 C4-0251 / 94                           - 94 / 0259(CNS ):
Parliament adopted the legislative resolution ( Part II,
Item 7 ). Amendments adopted : 3 ; 1 and 2 collectively

No C 18 / 424 Official Journal of the European Communities 23 . 1 . 95

Friday, 16 December 1994

Parliament approved the Commission proposal as 15 . Membership of the ACP-EU Joint Assem ­
amended ( Part II, Item 9 ). bly

DRAFT LEGISLATIVE RESOLUTION :

Parliament adopted the legislative resolution ( Part II,
Item 9 ).

14 . Conservation and management measures

by fishing vessels  - ( debate and vote )

Mrs Langenhagen introduced her report, drawn up on
behalf of the Committee on Fisheries, on the proposal for
a Council decision on accession of the EC to the Agree ­
ment to promote compliance with international conserva ­
tion and management measures by fishing vessels on the
# high seas ( COM(94)0331 - C4-0118 / 94 - 94 /

0 1 86(CNS )) ( A4-0086 / 94 ).

The following spoke : Mrs McKenna, on behalf of the
V Group, Mr Macartney, on behalf of the ARE Group,
Mr Weber and Mr Steichen, Member of the Commission .

The President closed the debate .

VOTE

PROPOS AL FOR A DECISION COM(94)C)331 - C4 ­
01 18 / 94 - 94 / 01 86(CNS ):

Amendment adopted : 1 .

On behalf of the PPE Group, Mr Provan asked for an
RCV on the Commission proposal as amended .

Parliament approved the Commission proposal as
amended by RCV ( PPE ):

At the request of the ELDR Group Parliament ratified the
appointment of Mr Goerens as a member of the ACP-EU
Joint Assembly to replace Mrs Wurth-Polfer .

16 . Written déclarations ( Rule 48 )

Pursuant to Rule 48(3 ), the President announced the
number of signatures to these declarations :

- No 7 / 94 : Mr Hughes (8 signatures )

# - No 8 / 94 : Mr Mezzaroma (4 signatures )

17 . Forwarding of resolutions adopted during

the sitting

The President informed Parliament, pursuant to Rule

133(2 ), that the Minutes of that day's sitting would be
submitted to Parliament for its approval at the beginning
of its next sitting .

With Parliament's agreement, he stated that he would
forward the texts that had just been adopted forthwith to
the bodies named therein .

18 . Dates for next part-session

The President announced that the next part-session would

Members voting : 41 be held from 16 to 20 January 1995 .

For : 41
Against : 0
Abstentions : 0

Members voting : 41

( Part II, Item 10 ).

DRAFT LEGISLATIVE RESOLUTION :

19 . Adjournment of session

The session was adjourned .

Parliament adopted the legislative resolution ( Part II,
Item 10 ). ( The sitting was closed at 11.05 a.m .)

Enrico VINCI

Sec retary - Gene ral

Klaus HANSCH

Président

23 . 1.95 Official Journal of the European Communities No C 18 / 425

Friday, 16 December 1994

PART II

Texts adopted by the European Parliament

1. Sea bream and bass       - ( Rule 143 )

Proposal for a Council Regulation opening and providing for the administration of a Community
tariff quota for live fry and juveniles of sea bream ( Sparus aurata ) and bass ( Dicentrarchus

labrax ) originating in Ceuta ( COM(94)0194           - C4-0207 / 94           - 94 / 0153(CNS ))

The proposa ] was approved .

2 . Alpine Convention     

A4-0104 / 94

Proposal for a Council Decision on the conclusion of the Convention on the protection of the Alps

( Alpine Convention ) ( COM(94)<)336                     - C4-0152 / 94                     - 94 / 0193(CNS ))

The proposal was approved with the following amendments :

COMMISSION TEXT (*) AMENDMENTS

( Amendment 1 )

Récital 3a ( new )

Whereas the protection of the Alps falls within the scope,

' inter alia ', of Directive 92 / 43 / EEC (') on the conserva ­
tion of natural habitats and of wild fauna and flora ;

O OJ L 206, 22.7.1992, p . 7 .

( Amendment 2 )

Récital 3b ( new )

Whereas the construction of the trans-European net ­
works should guarantee the application of the Conven ­
tion on the protection of the Alps in accordance with
Article 130r(2 ) of the EC Treaty, which provides that
environmental protection requirements must be inte ­
grated into the definition and implementation of other
Community policies ;

(*) OJ C 278, 5.10.1994, p . 8 .

No C 18 / 426 Official Journal of the European Communities 23 . 1.95

Friday, 16 December 1994

Legislative resolution embodying Parliament's opinion on the proposal for a Council Decision on
the conclusion of the Convention on the protection of the Alps ( Alpine Convention )
( COM(94)<)336                              - C4-0152 / 94                              - 94 / 0193(CNS ))

( Consultation procedure )

The European Parliament,

     - having regard to the proposal for-a Council Decision ( CC)M(94)0336      - 94 / 0193(CNS )) ('),

     - having regard to the draft Convention on the protection of the Alps ( Alpine Convention )
initialled by the Commission ( CC)M(94)0336 ),

# - having been consulted by the Council pursuant to Article 228(2 ) and ( 3 ), first subparagraph,

of the EC Treaty, in conjunction with Article 130s thereof ( C4-0152 / 94 ),

     - having regard to the report of the Committee on the Environment, Public Health and
Consumer Protection and the opinions of the Committee on Research, Technological
Development and Energy and the Committee on Transport and Tourism ( A4-0104 / 94 ),

1 . Approves the conclusion of the agreement subject to the amendments to the text of the
Commission's proposal for a decision ;

2 . Instructs its President to forward this opinion to the Council and Commission, and the
governments and parliaments of the Signatory States .

C ) OJ C 278, 5.10.1994, p . 8 .

3 . Counterfeit goods ***I

A4-0078 / 94

Draft Regulation of the European Parliament and the Council laying down measures to prohibit
the release for free circulation, export, re-export or entry for a suspensive procedure of

counterfeit and pirated goods ( 5132 / 94             - C4-0066 / 94             - 00 / 0922(CC)D ))

The draft was approved with the following amendments :

COUNCIL TEXT AMENDMENTS

( Amendment 1 )

Preamble

THE EUROPEAN PARLIAMENT AND THE COUNCIL THE COUNCIL OF THE EUROPEAN UNION,
OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Having regard to the Treaty establishing the European
Community, and in particular Articles 100a and 113 Community, and in particular Article 113 thereof,
thereof,

Having regard to the proposal from the Commission, Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parlia ­
ment,

23 . 1.95 Official Journal of the European Communities No C 18 / 427

Friday, 16 December 1994

COUNCIL TEXT AMENDMENTS

Having regard to the Opinion of the Economic and Social Having regard to the Opinion of the Economic and Social
Committee, Committee,

Acting in accordance with the procedure laid down in
Article 189b of the Treaty ('),

C ) European Parliament Opinion of 9 February 1994 ( OJ No C 61,
28.2.1994, p . 79 ), common position of ... ( not yet published in the
Official Journal ) and European Parliament Decision of ... ( not yet
published in the Official Journal ).

( Amendment 3 )

Récital 14

Whereas it will be appropriate to consider the possibility
of increasing the number of intellectual property rights
covered by this Regulation, in the light, ' inter alia ', of the
experience gained in its implementation ;

Whereas it will be appropriate to consider the possibility
of increasing the number of intellectual property rights
covered by this Regulation, in particular by including
patent rights, in the light, ' inter alia ', of the experience
gained in its implementation ;

( Amendment 18 )

Article l(2)(a ), second indent a ( new )

         - products which are manufactured without the agree ­
ment of the holder of a patent relating to them and
which, as a result, infringe the rights of the holder of
the patent in question under Community laws or the
law of the Member State in which the application for
action by the customs authorities is made shall also
be regarded as ' counterfeit goods ';

( Amendment 4 )

Article l(2)(b )

( b ) ' pirated goods ' means goods which are or embody

copies made without the consent of the holder of the
copyright or neighbouring rights, or of the holder of a
design right, whether registered under national law or
not, or of a person duly authorized by the holder in
the country of production, where the making of those
copies infringes the right in question under Com ­
munity law or the law of the Member State in which
the application for action by the customs authorities
is made ;

( b ) ' pirated goods ' means goods made or works repro ­

duced without the consent of the holder of the

copyright or neighbouring rights, or of the holder of a
right relating to the work or a design right, whether
registered under national law or not, or of a person
duly authorized by him in the country of production
and which are made directly or indirectly from an
article, where the making of those goods or the
reproduction of the work would have constituted an
infringement of the right in question under Commun ­
ity law or the law of the Member State in which the
application for action by the customs authorities is
made ;

( Amendment 5 )

Article l(2)(c )

( c ) ' holder of a right means the holder of a trade mark,

as referred to in ( a ), and / or one of the rights referred
to in ( b ), or any other person authorized to use the
trade mark and / or rights, or their representative ;

( c ) ' holder of a right ' means the holder of a trade mark,

as referred to in ( a ), and / or one of the rights referred
to in ( b ), or any other person authorized to use the
trade mark and / or rights, or their representative, in
particular federations, associations and societies
empowered to defend and administer their rights ;

No C 18 / 428 Official Journal of the European Communities 23 . 1.95

Friday, 16 December 1994

COUNCIL TEXT AMENDMENTS

( Amendment 6 )

Article 1(3 )

3 . Any mould or matrix which is specifically designed
or adapted for the manufacture of a counterfeit trade
mark or of goods bearing such a trade mark or of pirated
goods shall be treated as ' counterfeit or pirated goods ', as
appropriate, provided that the use of such moulds or
matrices infringes the rights of the holder of a right under
Community law or the law of the Member State in which
the application for action by the customs authorities is
made .

3 . Any tool, mould, matrix or similar matenal ( includ ­
ing printing materials and films which could be used to
affix a trade mark to goods ) specifically designed for the
manufacture of a counterfeit trade mark or of a product
bearing such a trade mark or of pirated goods shall be
treated as ' counterfeit or pirated goods ', as appropriate,
provided such tools, moulds, matrices or materials
infringe Community law or the law of the Member State
in which the application for action by the customs
authorities is made .

( Amendment 7 )

Article 1(4 ), second subparagraph

Nor shall it apply to goods referred to in the first
subparagraph which have been manufactured or bear a
trade mark under conditions other than those agreed
with the holders of the rights in question .

The preceding subparagraph shall not apply where the
holder has legitimate reasons for opposing the subse ­
quent marketing of these products, particularly when the
state of the products has been changed or adulterated
after their placing on the market .

( Amendment 8 )

Article 3(5 ), first subparagraph

5 . The competent customs service with which an
application drawn up pursuant to paragraph 2 has been
lodged shall deal with the application and shall forthwith
notify the applicant in writing of its decision .

5 . The competent customs service with which an
application drawn up pursuant to paragraph 2 has been
lodged shall deal with the application and shall notify the
applicant in writing within five working days of its
decision .

( Amendment 9 )

Article 3(6 ), introduction

6 . Member States may require the holder of a right,
where his application has been granted, or where action
as referred to in Article 1 ( 1 )( a ) has been taken pursuant to
Article 6(1 ), to provide a security :

6 . Member States shall require the holder of a right,
where his application has been granted, or where action
as referred to in Article 1(1 )( a ) has been taken pursuant to
Article 6(1 ), to provide a security :

( Amendment 10 )

Article 6(1 ), second subparagraph

The customs office shall immediately inform the service
which dealt with the application in accordance with
Article 3 . That service or the customs office shall
forthwith inform the declarant and the person who
applied for action to be taken . In accordance with
national provisions on the protection of personal data,
commercial and industrial secrecy and professional and
administrative confidentiality, the customs office or the

The customs office shall immediately inform the service
which dealt with the application in accordance with
Article 3 . That service or the customs office shall
forthwith inform the declarant and the person who
applied for action to be taken . In accordance with
national provisions on the protection of personal data,
commercial and industrial secrecy and professional and
administrative confidentiality, the customs office or the

23 . 1.95 Official Journal of the European Communities No C 8 / 429

Friday, 16 December 1994

COUNCIL TEXT AMENDMENTS

service which dealt with the application shall notify the
holder of the right, at his request, of the name and address
of the declarant and, if known, of those of the consignee
so as to enable the holder of the right to ask the competent
authorities to take a substantive decision . The customs
office shall afford the applicant and the persons involved
in any of the operations referred to in Article 1(1 )( a ) the
opportunity to inspect the goods whose release has been
suspended or which have been detained .

service which dealt with the application shall notify the
holder of the right, at his request, of the name and address
of the declarant and, if known, of those of the consignee
so as to enable the holder of the right to ask the competent
authorities to take a substantive decision . The customs
office shall afford the applicant the opportunity to inspect
the goods whose release has been suspended or which
have been detained .

( Amendment 17 )

Article 8(1 ), first subparagraph, introductory phrase

1 . Without prejudice to the other nghts of action open
to the holder of a trade mark which is found to have been

counterfeited or the holder of a copyright or neighbouring
right or of a design right which is found to have been
pirated, Member States shall adopt the measures necess ­
ary to allow the competent authorities :

1 . Without prejudice to the other nghts of action open
to the holder of a trade mark or product patent which are
found to have been counterfeited or the holder of a
copyright or neighbouring right or of a design right which
is found to have been pirated, Member States shall adopt
the measures necessary to allow the competent authori ­
ties :

( Amendment 1 1 )

Article 8(J),first subparagraph ( a )

( a ) as a general rule, and in accordance with the

relevant provisions of national law, to destroy goods
found to be counterfeited or pirated, or dispose of
them outside commercial channels in such a way as
to preclude injury to the holder of the right, without
compensation of any sort and at no cost to the
exchequer ;

( a ) to destroy goods found to be counterfeited or pirated,

without compensation of any sort and at no cost to
the exchequer ; subject to the express authorization of
the holder of the right, such goods may be disposed of
outside commercial channels for socially useful pur ­

poses ;

( Amendment 12 )

Article 8(1 ), second subparagraph, second indent

- other than in exceptional cases, simply removing the - other than in exceptional cases, and subject to the
trade marks which have been affixed to the counter   - express authorization of the holder of the right,
feit goods without authorization ; simply removing the trade marks which have been
affixed to the counterfeit goods without authoriza ­
tion ;

( Amendment 14 )

Article 11

Moreover, each Member State shall introduce penalties
to apply in the event of infringements of Article 2 . Such
penalties must be sufficiently severe to encourage com ­
pliance with the relevant provisions .

Moreover, each Member State shall introduce penalties
to punish offenders and discourage people from taking
such action in the future . Such penalties must be punitive,
proportional and dissuasive .

( Amendment 15 )

Article 14, fourth paragraph a ( new )

The Commission shall be responsible for coordinating
action to combat the trade in counterfeit and pirated
goods .

No C 18 / 430 Official Journal of the European Communities 23 . 1 . 95

Friday, 16 December 1994

COUNCIL TEXT AMENDMENTS

( Amendment 16 )

Article 15

Within two years of the entry into force of this Regula ­
tion, the Commission shall, on the basis of the informa ­
tion referred to in Article 14, report to the European
Parliament and the Council on the operation of the system
particularly with regard to the economic and social

consequences of counterfeiting and shall propose any
amendments or additions required, within a period of two
years from the implementation of this Regulation .

Within one year of the entry into force of this Regulation,
the Commission shall, on the basis of the information
referred to in Article 14, report to the European Parlia ­
ment and the Council on the operation of the system and
shall propose any amendments or additions required,
within a period of two years from the entry into force of
this Regulation . The report shall be updated every year .

In its assessment the Commission shall endeavour to
analyse the macroeconomic and sectoral impact of coun ­
terfeiting, together with its social consequences, and shall
propose appropriate indicators for monitoring such
trends .

Legislative resolution embodying Parliament s opinion on the draft Regulation of the European
Parliament and the Council laying down measures to prohibit the release for free circulation,
export, re-export or entry for a suspensive procedure of counterfeit and pirated goods ( 5132 / 94 
C4-0066 / 94               - 00 / 0922(CC>D ))

( Consultation procedure )

The European Parliament,

- having regard to the Commission proposal ( CC)M(93)0329 ) ('),

- having regard to the Commission's amended proposal ( COM(94)(X)43 ) ( 2 ),

- having regard to the draft European Parliament and Council Regulation (5 1 32 / 94 ),

- having regard to Article 189b(2 ) of the EC Treaty, on which the Council draft is based
( C4-0066 / 94 ),

# - whereas the proposed legal basis is inappropriate ; whereas the legal basis should be

Article 1 13 of the EC Treaty,

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

- having regard to the report of the Committee on External Economic Relations and the
opinions of the Committee on Legal Affairs and Citizens ' Rights and the Committee on the
Environment, Public Health and Consumer Protection ( A4-0078 / 94 ),

1 . Approves the draft Regulation, subject to Parliament's amendments ;

2 . Calls on the Commission to alter its proposal accordingly, pursuant to Article 1 89a(2 ) of the
EC Treaty ;

C )
( 2 )

OJC 238, 2.9.1993, p . 9 .
OJC 86, 23.3.1994, p . 14 .

23 . 1 . 95 Official Journal of the European Communities No C 18 / 431

Friday, 16 December 1994

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

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

4 . Suspending autonomous Customs Tariff duties on industrial products     

A4-0091 / 94

Proposal for a Council Regulation amending Regulation ( EEC ) No 1657 / 93 temporarily
suspending the autonomous Customs Tariff duties on certain industrial products intended to
equip the free zones of the Azores and Madeira ( CQM(94)0349      - C4-0187 / 94      - 94 / 0191(CNS ))

The proposai was approved .

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation
amending Regulation ( EEC ) No 1657 / 93 temporarily suspending the autonomous Customs Tariff
duties on certain industrial products intended to equip the free zones of the Azores and Madeira

( CQM(94)0349                             - C4-0187 / 94                             - 94 / 0191(CNS ))

( Consultation procedure )

The European Parliament,

     - having regard to the Commission proposal to the Council ( COM(94)0349     - 94 / 0 1 9 1 ( CNS )),

     - having been consulted by the Council pursuant to Article 28 of the EC Treaty ( C4-01 87 / 94 ),

# - having regard to Rule 58 of its Rules of Procedure,

     - having regard to the report of the Committee on External Economic Relations and the
opinions of the Committee on Budgets and the Committee on Economic and Monetary
Affairs and Industrial Policy ( A4-009 1 / 94 ),

1 . Approves the Commission proposal ;

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

5 . Anti-dumping measures for the Canary Islands     

A4-0090 / 94

Proposal for a Council Regulation amending Council Regulation ( EEC ) No 1602 / 92 temporarily
derogating from implementation of Community anti-dumping measures on imports into the

Canary Islands of certain sensitive products ( CC)M(94)0273      - C4-0182 / 94      - 94 / 0158(CNS ))

The proposai was approved .

No C 18 / 432 Official Journal of the European Communities 23 . 1.95

Friday, 16 December 1994

Legislative resolution embodying Parliament's opinion on a proposal for a Council Regulation
amending Council Regulation ( EEC ) No 1602 / 92 temporarily derogating from implementation of
Community anti-dumping measures on imports into the Canary Islands of certain sensitive

products ( COM(94)<)273               - C4-0182 / 94               - 94 / 0158(CNS ))

( Consultation procedure )

The European Parliament,

# - having regard to the Commission proposal to the Council ( C(JM(94)0273 - 94 / 01 58(CNS )), - having been consulted by the Council pursuant to Article 1 1 3 of the EC Treaty ( C4-0 1 82 / 94 )

and informed orally by the Commission of the modifications to the proposal,

# - having regard to Rule 58 of its Rules of Procedure, - having regard to the report of the Committee on External Economic Relations ( A4-0090 / 94 ),

1 . Approves the modified Commission proposal ;

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

6 . Excise duties on mineral oils     

A4-0052 / 94

Proposal for a Council Directive amending Council Directive 92 / 12 / EEC of 25 February 1992 on
the general arrangements for products subject to excise duty and on the holding, movement and
monitoring of such products, Council Directive 92 / 81 / EEC of 19 October 1992 on the
harmonization of the structures of excise duties on mineral oils and Council Directive 92 / 82 / EEC
of 19 October 1992 on the approximation of the rates of excise duties on mineral oils

( COM(94)0179                            - C4-01 13 / 94                            - 94 / 0155(CNS ))

The proposal was approved with the following amendments :

COMMISSION TEXT (*) AMENDMENTS

( Amendment 1 )

ARTICLE 1(11 )

Article 23a(g ) ( Directive 92 / 12 / EEC )

( g ) products subject to excise duty to be used by mon - Deleted
archs or heads of state .

( Amendment 2 )

ARTICLE l(12)(b )

Article 24(4)(b ) ( Directive 92 / 12 / EEC )

( b ) Paragraph 4(b ), second subparagraph is replaced by

the following :

' If on the expiry of three months from the date on
which the matter was referred to it, the Council has
not adopted any measures, the Commission shall
adopt the proposed measures . '

(*) OJC215, 5.8.1994, p . 19 .

( b ) Paragraph 4 is replaced by the following :

' 4.(a ) The Commission shall take account of the
opinion of the Committee . It shall, if necessary,
amend its draft decision . The Commission shall
accordingly adopt measures which apply imme ­
diately .

23 . 1 . 95 Official Journal of the European Communities No C 18 / 433

Friday, 16 December 1994

COMMISSION TEXT AMENDMENTS

( b ) The Commission shall inform the Committee of

the manner in which its position has been taken
into account . If the measures adopted are not in
accordance with the opinion of the Committee,
or in the absence of any opinion, the Council may
within three months after the measures have

been adopted by the Commission change or
cancel these measures .'

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive
amending Directive 92 / 12 / EEC of 25 February 1992 on the general arrangements for products
subject to excise duty and on the holding, movement and monitoring of such products, Council
Directive 92 / 81 / EEC of 19 October 1992 on the harmonization of the structures of excise duties

on mineral oils and Council Directive 92 / 82 / EEC of 19 October 1992 on the approximation of the

rates of excise duties on mineral oils ( COM(94)0179          - C4-01 13 / 94          - 94 / 0155(CNS ))

( Consultation procedure )

The European Parliament,

     - having regard to the Commission proposal to the Council ( COM(94)()179     - 94 /
0155(CNS )) ('),

     - having been consulted by the Council pursuant to Article 99 of the EC Treaty ( C4-0 1 1 3 / 94 ),

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

     - having regard to the report of the Committee on Economic and Monetary Affairs and
Industrial Policy and the opinion of the Committee on Transport and Tourism ( A4-0052 / 94 ),

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

2 . Calls on the Commission to alter its proposal accordingly, pursuant to Article 1 89a(2 ) of the
EC Treaty ;

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

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

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

C ) OJ C 215, 5.8.1994, p . 19 .

No C 18 / 434 Official Journal of the European Communities 23 . 1.95

Fnday, 16 December 1994

7 . Aid to shipbuilding     

A4-01 15 / 94

Proposal for a Council Directive amending Directive 90 / 684 / EEC on aid to shipbuilding

( CC)M(94)0444                              - C4-0254 / 94                              - 94 / 0238(CNS ))

The proposal was approved with the following amendment :

COMMISSION TEXT AMENDMENTS

( Amendment 1 )

ARTICLE 1(3 )

Article 13 ( Directive 90 / 684 / EEC )

This Directive shall apply from 1 January 1991 to This Directive shall apply from 1 January 1991 until the
31 December 1995 . OECD Agreement on normal competitive conditions in
the commercial shipbuilding and repair industry comes
into force .

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive
amending Directive 90 / 684 / EEC on aid to shipbuilding ( CQM(94)0444      - C4-0254 / 94      - 94 /

0238(CNS ))

( Consultation procedure )

The European Parliament,

     - having regard to the Commission proposal to the Council ( COM(94)0444     - 94 / 0238(CNS )),

     - having been consulted by the Council pursuant to Article 92(3)(e ) and Article 1 13 of the EC
Treaty ( C4-0254 / 94 ),

# - having regard to Rule 58 of its Rules of Procedure, - having regard to the report of the Committee on Economic and Monetary Affairs and

Industrial Policy and the opinion of the Committee on Transport and Tourism ( A4-01 15 / 94 ),

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

2 . Calls on the Commission to alter its proposal accordingly, pursuant to Article 1 89a(2 ) of the
EC Treaty ;

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

4 . Calls for the conciliation procedure to be opened should the Council intend to depart from
the text approved by Parliament ;

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

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

23 . 1.95 Official Journal of the European Communities No C 18 / 435

Friday, 16 December 1994

8 . Macro-financial assistance for Ukraine     

A4-01 14 / 94

Proposai for a Council Décision providing macro-fînancial assistance to Ukraine ( CC>M(94)0487

                  - C4-0247 / 94                   - 94 / 0256(CNS ))

The proposal was approved with the following amendments :

COMMISSION TEXT AMENDMENTS

( Amendment 2 )

Récital 7a ( new )

Whereas, in granting the financial aid referred to here,
the European Union wishes to support Ukraine's bur ­
geoning democracy, which is at present being sorely tried
owing to the political and economic situation ;

( Amendment 1 )

Article 4(la ) ( new )

la . The Commission shall ensure that, in accordance
with the Regulation on the setting up of the Guarantee
Fund, provisioning of the Guarantee Fund is carried out
in accordance with the amounts disbursed .

Legislative resolution embodying Parliament s opinion on the proposal for a Council Decision
providing macro-financial assistance to Ukraine ( CQM(94)0487      - C4-0247 / 94      - 94 / 0256(CNS ))

( Consultation procedure )

The European Parliament,

     - having regard to the Commission proposal to the Council ( COM(94)0487     - 94 / 0256(CNS )),

     - having been consulted by the Council pursuant to Article 235 of the EC Treaty ( C4 ­
0247 / 94 ),

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

# - having regard to the report of the Committee on External Economic Relations and the

opinion of the Committee on Budgets ( A4-01 14 / 94 ),

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

2 . Calls on the Commission to alter its proposal accordingly, pursuant to Article 1 89a(2 ) of the
EC Treaty ;

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

No C 18 / 436 Official Journal of the European Communities 23 . 1.95

Friday, 16 December 1994

4 . Calls for the conciliation procedure to be opened should the Council intend to depart from
the text approved by Parliament ;

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

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

9 . Recruitment of officials following enlargement     

A4-0109 / 94

Proposal for a Council Regulation introducing special and temporary measures applicable to the
recruitment of officials of the European Communities as a result of the accession of Austria,

Finland, Norway and Sweden ( C()M(94)0496          - C4-0251 / 94          - 94 / 0259(CNS ))

The proposal was approved with the following amendments :

COMMISSION TEXT AMENDMENTS

( Amendment 3 )

Sole recital

Whereas, as a result of the accession of Austna, Finland,
Norway and Sweden, special measures derogating from
the Staff Regulations of Officials of the European Com ­
munities should be adopted on a temporary basis,

Whereas, on the one hand, as a result of the accession of
Austria, Finland and Sweden, special measures derogat ­
ing from the Staff Regulations of Officials of the Euro ­
pean Communities should be adopted on a temporary
basis ; whereas, on the other hand, the Commission has
undertaken to submit a proposal for a Regulation insti ­
tuting special measures to enable those officials and
temporary staff of the European Communities who wish
to do so to terminate their service ; whereas Parliament
requests that this proposal be submitted as a matter of
urgency in respect of its own staff,

( Amendment 1 )

Article 1(1 )

1 . Notwithstanding the second and third paragraphs of
Article 4, Article 5(3 ), Article 7 ( 1 ), the third paragraph of
Article 27, Article 29 ( 1 )( a ), ( b ) and ( c ) and Article 3 1 of
the Staff Regulations of Officials of the European Com ­
munities, provision may be made until 31 December

1999 for vacant posts to be filled by Austrian, Finnish,
Norwegian and Swedish nationals up to the limits set in
the context of budgetary discussions within the institu ­
tions responsible .

1 . Notwithstanding the second and third paragraphs of
Article 4, Article 5(3 ), Article 7 ( 1 ), the third paragraph of
Article 27, Article 29(l)(a ), ( b ) and ( c ) and Article 31 of
the Staff Regulations of Officials of the European Com ­
munities, provision may be made until 31 December 1997
for vacant posts to be filled by Austrian, Finnish and
Swedish nationals up to the limits set in the context of
budgetary discussions within the institutions responsible .

23 . 1.95 Official Journal of the European Communities No C 18 / 437

Friday, 16 December 1994

COMMISSION TEXT AMENDMENTS

( Amendment 2 )

Article 1(2 )

2 . Appointments to grades A3, A4, A5, LA3, LA4,
LA5, B 1, B2, B3 and CI shall be made after a competi ­
tion based on qualifications and / or tests, organized in
accordance with Annex III to the Staff Regulations .

Appointments to grades A6, A7, A8, LA6, LA7, LA8,
B4, B5, C2 to C5 and D 1 to D4 shall be made after a
competition based on qualifications and / or tests, organ ­
ized in accordance with Annex III to the Staff Regula ­
tions .

2 . Appointments to grades A3, A4, A5, LA3, LA4,
LA5, B 1, B2, B3 and CI shall be made after a competi ­
tion based on qualifications and tests, organized in
accordance with Annex III to the Staff Regulations .

Appointments to grades A6, A7, A8, LA6, LA7, LA8,
B4, B5, C2 to C5 and D 1 to D4 shall be made after a
competition based on qualifications and tests, organized
in accordance with Annex III to the Staff Regulations .

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation
introducing special and temporary measures applicable to the recruitment of officials of the
European Communities as a result of the accession of Austria, Finland, Norway and Sweden

( CC)M(94)0496                    - C4-0251 / 94                    - 94 / 0259(CNS ))

( Consultation procedure )

The European Parliament,

# - having regard to the Commission proposal to the Council ( COM(94)0496 - 94 / 0259(CNS )),

- having been consulted by the Council pursuant to Article 24 of the Treaty establishing a
Single Council and a Single Commission of the European Communities ( C4-0251 / 94 ),

- having regard to the report of the Committee on Legal Affairs and Citizens ' Rights and the
opinion of the Committee on Budgets ( A4-0109 / 94 ),

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

2 . Calls on the Commission to alter its proposal accordingly, pursuant to Article 1 89a(2 ) of the
EC Treaty ;

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

4 . Calls for the conciliation procedure to be opened should the Council intend to depart from
the text approved by Parliament ;

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

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

No C 18 / 438 Official Journal of the European Communities 23 . 1.95

Friday, 16 December 1994

10 . Conservation and management measures by fishing vessels     

A4-0086 / 94

Proposal for a Council Decision on accession of the EC to the Agreement to promote compliance
with international conservation and management measures by fishing vessels on the high seas

( C()M(94)0331                            - C4-01 18 / 94                            - 94 / 0186(CNS ))

The proposal was approved with the following amendment :

COMMISSION TEXT (*) AMENDMENTS

( Amendment 1 )

Article la ( new )

Article la

The Commission shall submit to the Council and the
European Parliament an annual report on the implemen ­
tation of the Agreement .

(*) OJ C 229, 18.8.1994, p . 10 .

Legislative resolution embodying Parliament's opinion on the proposal for a Council Decision on
accession of the EC to the Agreement to promote compliance with international conservation and
management measures by fishing vessels on the high seas ( COM(94)0331     - C4-01 18 / 94     
94 / 0186(CNS ))

( Consultation procedure )

The European Parliament,

# - having regard to Commission proposal to the Council ( COM(94)033 1 - 94 / 0 1 86(CNS )) ( 1 ), - having been consulted by the Council pursuant to Articles 43 and 228(3 ), first subparagraph,

of the EC Treaty ( C4-01 18 / 94 ),

# - having regard to Rule 58 of its Rules of Procedure, - having regard to the report of the Committee on Fisheries ( A4-0086 / 94 ),

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

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 .

C ) OJ C 229, 18.8.1994, p . 10 .

23 . 1.95 Official Journal of the European Communities No C 18 / 439

Friday, 16 December 1994

ATTENDANCE REGISTER

16 December 1994

The following signed :

d'Aboville, Adam, Aelvoet, Ahern, Alber, Amadeo, Anastassopoulos, d Ancona, Añoveros
Trias de Bes, Apolinário, Arias Cañete, Azzolini, Baldarelli, Baldini, Balfe, Bardong,
Barthet-Mayer, Barton, Belleré, Bennasar Tous, Bertens, Berthu, Bianco, van Bladel, Blak,
Blokland, Blot, Boogerd-Quaak, Bowe, de Brémond d ' Ars, Breyer, Burtone, Cabezón Alonso,
Caccavale, Caligaris, Campos, Campoy Zueco, Carnero Gonzalez, Casini Carlo, Castagnède,
Castagnetti, Caudron, Chanterie, Chesa, Chichester, Christodoulou, Coates, Collins Kenneth D.,
Colom i Naval, Cox, Crampton, Crawley, Cunha, Cunningham, Cushnahan, Dankert, Daskalaki,
David, De Melo, Desama, de Vries, Diez de Rivera Icaza, Dillen, Dimitrakopoulos, Dührkop
Dührkop, Dybkjaer, Eisma, Ephremidis, Escudero, Estevan Bolea, Evans, Fabra Vallès,
Falconer, Farassino, Féret, Fernández-Albor, Ferrer, Ferri, Filippi, Fontaine, Friedrich, Frutos
Gama, Funk, Galeote Quecedo, García Arias, García-Margallo y Marfil, Garriga Polledo,
Gebhardt, Gillis, Girão Pereira, Glase, Goepel, Goerens, Görlach, Gomolka, González Álvarez,
Gonzalez Trivino, Graziani, Green, Grosch, Günther, Guinebertière, Gutiérrez Diaz, Haarder,
von Habsburg, Hänsch, Hallam, Happait, Hardstaff, Harrison, Hatzidakis, Haug, Heinisch,
Herman, Hermange, Hindley, Howitt, Hughes, Imaz San Miguel, Imbeni, Izquierdo Collado,
Jensen Kirsten M., Jensen Lis, Jöns, Jove Peres, Junker, Kaklamanis, Katiforis,
Kellett-Bowman, Keppelhoff-Wiechert, Kerr, Kindermann, Kinnock, Kittelmann, Klaβ,
Kokkola, Konrad, Krarup, Krehl, Kreissl-Dörfler, Kristoffersen, Kuckelkorn, Kuhn, Kuhne,
Lage, La Malfa, Lambraki, Lambrias, Langen, Langenhagen, Langer, Lanve, Lehne, Lenz,
Leperre-Verrier, Lindeperg, Linkohr, Lulling, Macartney, McCartin, McGowan, McKenna,
Maij-Weggen, Malangré, Malerba, Manisco, Mann Erika, Marinucci, Marset Campos, Martens,
Martin David W., Martinez, Mayer, Megahy, Méndez de Vigo, Mendonça, Menrad, Miller,
Miranda, Miranda de Lage, Moniz, Monteiro, Morgan, Morns, Mosiek-Urbahn, Minier, Mulder,
Muscardini, Nassauer, Needle, Newman, Nicholson, Novo, Oddy, Oostlander, Orlando, Pack,
Pailler, Panagopoulos, Pannella, Papayannakis, Perry, Peter, Pettinari, Pex, Plooij-van Gorsel,
Poettering, Pons Grau, Posselt, Pradier, Provan, Puerta, van Putten, Raffarin, Randzio-Plath,
Rapkay, Read, Rehder, Ribeiro, Ripa di Meana, Robles Piquer, Rosado Fernandes, Rothe,
Roubatis, Sakellariou, Salafranca Sánchez-Neyra, Samland, Sánchez García, Sandbaek, Santini,
Sanz Fernândez, Sarlis, Schäfer, Schlechter, Schmidbauer, Schulz, Schwaiger, Seal, Seillier,
Sierra Gonzalez, Sindal, Sisó Cruellas, Skinner, Smith, Soltwedel-Schäfer, Sonneveld, Sornosa
Martinez, Spiers, Stewart, Stockmann, Striby, Tajani, Tannert, Theato, Theonas, Thomas,
Thyssen, Tillich, Titley, Tomlinson, Torres Marques, Trakatellis, Trautmann, Truscott, Tsatsos,
Ullmann, Valverde López, Vanhecke, Varela Suanzes-Carpegna, Vaz da Silva, Vecchi, van
Velzen W.G., van Velzen Wim, Verde i Aldea, Verwaerde, Viceconte, Vinci, van der Waal,
Waddington, Walter, Watson, Watts, Weber, Wemheuer, White, Whitehead, Wiebenga,
Wiersma, Willockx, Wilson, von Wogau, Wolf, Wynn, Zimmermann .

No C 18 / 440 Official Journal of the European Communities 23 . 1.95

Friday, 16 December 1994

ANNEX

Result of roll-call votes

(+) = For
(-) = Against
( O ) = Abstention

/. Chesa report A4-0078 / 94

resolution

(+)

ARE : Macartney, Sânchez Garcia

EDN : Blokland, van der Waal

ELDR : Bertens, Boogerd-Quaak, Cox, Cunha, De Melo, de Vries, Dybkjaer, Haarder, Larive,
Mendonça, Mulder, Plooij-van Gorsel, Vaz Da Silva, Wiebenga

FE : Azzolini, Baldini, Malerba, Santini, Tajani

GUE : Carnero González, Gutiérrez Diaz, Jové Peres, Miranda, Pettinari, Puerta, Sierra
González, Sornosa Martínez, Theonas, Vinci

NI : Dillen, Vanhecke

PPE : Alber, Argyros, Arias Canete, Bennasar Tous, Bianco, de Bremond d ' Ars, Casini Carlo,
Chanterie, Chichester, Escudero, Estevan Bolea, Fabra Vallés, Fernández-Albor, Ferrer, Filippi,
Fontaine, Garriga Polledo, Gillis, Giinther, Habsburg, Heinisch, Herman, Imaz San Miguel,
Kellett-Bowman, Kristoffersen, Langen, Langenhagen, Lenz, Lucas Pires, Lulling, McCartin,
Maij-Weggen, Martens, Nassauer, Oomen-Ruijten, Oostlander, Perry, Pex, Poettering, Posselt,
Provan, Raffarin, Robles Piquer, Sisó Cruellas, Sonneveld, Theato, Thyssen, Trakatellis,
Valverde López, van Velzen W.G., von Wogau

PSE : Adam, Baldarelli, Balfe, Barton, Cabezón Alonso, Crawley, Cunningham, David, Desama,
Diez de Rivera Icaza, Dührkop Dùhrkop, Falconer, Garcia Arias, Gebhardt, Hallam, Hardstaff,
Hindley, Jensen Kirsten, Katiforis, Kerr, Kindermann, Kinnock, Kuhne, Lindeperg, McGowan,
Martin David W., Megahy, Miller, Miranda de Lage, Morgan, Needle, Newman, Rapkay, Read,
Ribeiro Moniz, Sakellariou, Sanz Fernandez, Schlechter, Seal, Sindal, Smith, Thomas, Titley,
Tomlinson, Truscott, Whitehead, Willockx, Wynn

RDE : d'Aboville, Chesa, Daskalaki, Girão Pereira, Guinebertiere, Monteiro

V : Aelvoet, Ahern, Kreissl-Dörfler, Langer, McKenna

2 . Mann report A4-01 14 / 94

resolution

(+)

ARE : Macartney

ELDR : Boogerd-Quaak, Cox, Dybkjær, Eisma, Haarder, Mulder, Vaz Da Silva

FE : Azzolini, Caccavale, Caligaris

GUE : Carnero Gonzalez, Gonzalez Alvarez

PPE : Anastassopoulos, Anoveros Trias de Bes, Argyros, Arias Canete, Bennasar Tous, Bianco,
Casini Carlo, Estevan Bolea, Graziani, Habsburg, Hatzidakis, Heinisch, Kellett-Bowman,
Langenhagen, Nassauer, Poettering, Posselt, Provan, Sisó Cruellas, Sonneveld

PSE : van Bladel, Gebhardt, Hardstaff, Jensen Kirsten, Krehl, Lage, Mann Erika, Ribeiro Moniz,
Schmidbauer, Schulz, Tsatsos, Whitehead, Wilson, Zimmermann

RDE : Rosado Fernandes

V : Kreissl-Dörfler, Langer, McKenna, Orlando

23 . 1.95 Official Journal of the European Communities No C 18 / 441

Friday, 16 December 1994

3 . Langenhagen report A4-0086 / 94

Commission proposai

(+)

ARE : Macartney

ELDR : Cox, Goerens, Haarder, Vaz Da Silva

GUE : Marset Campos

PPE : Alber, Anastassopoulos, Anoveros Trias de Bes, Arias Canete, de Bremond d' Ars, Este van
Bolea, Fabra Vallés, Habsburg, Heinisch, Kellett-Bowman, Kristoffersen, Langenhagen,
Nassauer, Poettering, Posselt, Provan, Robles Piquer, Sisó Cruellas, Sonneveld

PSE : Evans, Hallam, Howitt, Izquierdo Collado, Jensen Kirsten, Kerr, Kokkola, Lage,
McGowan, Schmidbauer, Watts

RDE : d Aboville, Rosado Fernandes

V : McKenna, Ripa di Meana, Weber