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No C 91 / 276 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

MINUTES OF PROCEEDINGS OF THE SITTING OF FRIDAY, 11 MARCH 1994

( 94 / C 91 / 05 )

PART I

Proceedings of the sitting

IN THE CHAIR : Mr KLEPSCH — Mr Blaney, who protested at the way votes had been

taken ; he felt that split votes taken without due notice

President added to the confusion and that oral amendments compli ­

cated the situations till further ; he also sought an assu ­
rance that the order of voting scheduled for that day
would not be changed ;
( The sitting was opened at 9 a.m .)

IN THE CHAIR : Mr KLEPSCH

President

— Mr Gutierrez Diaz, on Mr Arbeloa Muru s remarks
( Part I, before Item 14 ).

1 . Approval of Minutes The Minutes of the previous sitting were approved .

The following spoke :

— Mr Schiedermeier, who pointed out that he had
voted against in the first two votes on the Van Velzen
report ( A3-0079 / 94 — Part I, Item 22 ), but that his name
did not appear in the voting lists ( the President said the
necessary corrections would be made );

— Mr Hansch, who pointed out that he had spoken
during voting time on Wednesday but that the text of his
speech had not been included in the verbatim report of
debates ( the President replied that the matter would be
checked );

— Mr Stewart, who protested at the way business had
been organized, and in particular the postponement of
certain items from one day to the next ; he asked for the
matter to be referred to the Bureau ( the President replied
that the changes to the agenda had been decided by
Parliament itself but that he would refer the matter to the

Bureau );

— Mr Peter Beazley, who agreed with Mr Stewart and
criticized the disruption of the voting order the previous
day and the lack of time available to Members, caused
principally by the length of time the Commission had
spoken ( the President reminded him that Members often
exceeded the time allocated to them ; he added that the
changes in the voting order had been made in the wake of
a proposal by the Conference of Presidents which had
been put to the House and approved by it );

— Mr Dessylas, concerning his remarks under the item
on VAT on gold ( Part I, Item 25 );

— Mr Vazquez Fouz, on lighting in the Chamber ;

— Mr Landa Mendibe, concerning his remarks at the
end of the debate on fisheries ( Part I, Item 4 );

2 . Application of Rules of Procedure

The Committee on the Rules of Procedure had been
asked to consider the problem which arose during the
sitting of 10 February 1994 concerning the application of
Rules 1 14 and 1 15 of the Rules of Procedure ( Herman
report on the constitution of the European Union, A3 ­
0064 / 94 — Minutes of that sitting, Part I, Item 9 ).

The Rules Committee was of the opinion that these Rules
were clear and that there was no need for a formal
interpretation .

It wished, however, to make the following observations :

' Rule 1 15 lays down the order of voting on amendments
and stipulates in paragraph 2 that if two or more mutually
exclusive amendments have been tabled to the same part
of a text they should be put to the vote in the order in
which they depart from the text, starting with the amend ­
ment departing the furthest . Paragraph 3, however,
allows the President a derogation from this rule provided
that he establishes there are not at least twenty-three
Members opposed .

Rule 1 1 5 gives the President of the sitting wide discretion
in this as in other matters . Rule 1 14 should be applied in
the light of these provisions .

Rule 1 14 provides for the committee responsible to draw
up a recommendation forming the basis for voting . The
very fact that it is only a recommendation means it cannot
be binding on the President of the sitting, who has sole

28 . 3 . 94 Official Journal of the European Communities No C 91 / 277

Friday, 11 March 1994

responsibility for the conduct of the vote and may depart
from the recommendation if he deems it inappropriate
and especially if he believes it conflicts with the rules and
principles of pluralist parliamentary democracy .

The recommendation is obviously even less binding on
the House itself, which is sovereign and which the
President can always consult on matters of voting order
he proposes to implement, provided that there is no
possibility of them leading to an amendment or interpre ­
tation of the Rules of Procedure, which may only be made
under Rules 162 and 163 .'

During its deliberations on this matter the Committee on
the Rules of Procedure also emphasized that Presidents of
sittings should always establish, before a vote is taken,
that its purpose is absolutely clear and fully understood
by the House .

3 . Referral to committee

report, drawn up on behalf of the Committee on Regional
Policy, Regional Planning and Relations with Regional
and Local Authorities, on the annual report by the
Commission on the implementation of the Structural
Funds during 1992 ( COM(93)0530 — C3-0467 / 93 ) ( A3 ­
0084 / 94 ) was deemed to have been adopted pursuant to
Rule 52(5 ) ( Part II, Item 2 ).

### 7 . European forests ( Rule 52 )

The President announced that, in the absence of written
opposition, the motion for a resolution in the Partsch
report, drawn up on behalf of the Committee on the
Environment, Public Health and Consumer Protection,
on urgent methods to save European forests ( A3-0115 /
94 ) was deemed to have been adopted pursuant to Rule
52(5 ) ( Part II, Item 3 ).

The Committee on the Rules of Procedure had been
asked for its opinion on the swearing-in of the Commis ­
sion ( authorized to draw up a report : INST, rapporteur : 8 . Design ( Rule 52 )
Mr Froment-Meurice ).

4 . Texts of Treaties forwarded by the Council

The President announced that he had received from the
Council a certified true copy of the following document :

The President announced that, in the absence of written
opposition, the motion for a resolution in the Maibaum
report, drawn up on behalf of the Committee on Culture,
Youth, Education and the Media, on the cultural and
economic importance of design, and a European design
offensive ( A3-0 125 / 94 ) was deemed to have been
adopted pursuant to Rule 52(5 ) ( Part II, Item 4 ).

— Agreement in the form of an exchange of letters
extending the adaptation to the agreement between the
European Community and Argentina on trade in mutton,
lamb and goatmeat . 9 . Compensation for milk producers 
( Rule 143 )

The next item was the vote on
5 . Alternatives to animal testing methods

( Rule 52 )

The President announced that, in the absence of wntten
opposition, the motion for a resolution in the Seligman
report, drawn up on behalf of the Committee on Energy,
Research and Technology, on the role of the Ecvam, a
European centre for the validation and perfection of
alternatives to animal testing methods ( A3-01 19 / 94 ) was
deemed to have been adopted pursuant to Rule 52(5 )
( Part II, Item 1 ).

— a proposal for a Council Regulation derogating from
Regulation ( EEC ) No 1637 / 91 as regards the payment of
compensation to milk producers for the reduction of
reference quantities ( COM(93)0675 — C3-0024 / 94 )

referred to

responsible : AGRI

opinion : BUDG

### 6 . Implementation of Structural Funds dur ­ PROPOSAL FOR A REGULATION COM(93)0675 —

ing 1992 ( Rule 52 ) C3-0024 / 94 :

The President announced that, in the absence of written
opposition, the motion for a resolution in the Mitolo

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

No C 91 / 278 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

10 . Drought in Portugal - ( Rule 143 )

The next item was the vote on

— a proposal for a Council Regulation on special
measures for farmers affected by the 1 992 / 93 drought in
Portugal ( COM(94)003 1 — C3-0096 / 94 )

referred to

responsible : AGRI

opinion : BUDG

PROPOSAL FOR A REGULATION COM(94)0031 —
C3-0096 / 94 :

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

13 . Negotiations with certain third countries

on road transport ( vote )
Report of the Committee on Transport and Tourism
on the recommendation for a Council decision on the
opening of negotiations between the European Union
and certain third countries concerning the carriage of
goods and passengers by road ( A3-0 100 / 94 ) ( rappor ­
teur : Mr Wijsenbeek ) ( without debate )

MOTION FOR A RESOLUTION

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

### 14 . Intellectual property rights and standard ­

approved proposal ( Part II, ization ( vote )
Item 6 ). Report of the Committee on Legal Affairs and

Citizens ' Rights, on the Commission communication
on intellectual property rights and standardization
( COM(92)0445 — C3-0034 / 93 ) ( A3-01 13 / 94 ) ( rap ­
11 . Animal feed - ( vote ) porteur : Ms Oddy ) ( without debate )

Report of the Committee on Agriculture, Fisheries
and Rural Development, on the proposal for a Coun ­
cil Regulation laying down the conditions and
arrangements for approving certain establishments
operating in the animal feed sector and amending
Directives 70 / 524 / EEC and 74 / 63 / EEC ( COM
( 93)0587 — C3-0524 / 93 ) ( A3-0 129 / 94 ) ( rapporteur :
Mr Borgo ) ( without debate )

MOTION FOR A RESOLUTION

Parliament adopted the resolution ( Part II, Item 10 ).

               

             -              

PROPOSAL FOR A REGULATION COM(93)0587 — Mr Dessylas asked when explanations of vote could be
C3-05 24 / 93 : made on the former Yugoslav Republic of Macedonia

( the President replied that he would be able to speak at the
Parliament approved the Commission proposal ( Part II, end of voting ).
Item 7 ).

DRAFT LEGISLATIVE RESOLUTION : 15 . Safe seas ( vote )

Stewart report — A3-0068 / 94

Parliament adopted the legislative resolution ( Part II,
Item 7 ). MOTION FOR A RESOLUTION

Amendments adopted : 1 ( EV ), 8, 7

12 . Expenditure in the veterinary field - ( vote )

Rapport of the Committee on Agriculture, Fisheries
and Rural Development, on the proposal for a Coun ­
cil decision amending Decision 90 / 424 / EEC on
expenditure in the veterinary field ( COM(93)0470
— C3-00 10 / 94 ) ( A3-0 130 / 94 ) ( rapporteur : Mr Bor ­
go ) ( witout debate )

PROPOSAL FOR A DECISION COM(93)0470 — C3 ­
0010 / 94 :

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

DRAFT LEGISLATIVE RESOLUTION :

Parliament adopted the legislative resolution ( Part II,
Item 8 ).

Amendments rejected : 3 by EV, 4, 5, 1,6

The different parts of the text were adopted in order .

The following spoke during the vote :

The rapporteur, on ams 2 and 8 .

Explanations of vote :

— in writing : Mr Ephremidis, on behalf of the CG Group,
Mr Tauran, on behalf of the DR Group, Mr Caudron,
Mr Nicholson, Mr Langer and Mr Cushnahan .

Mr Blaney spoke on the procedure followed for explana ­
tions of vote .

Parliament adopted the resolution ( Part II, Item 11 ).

28 . 3 . 94 Official Journal of the European Communities No C 91 / 279

Friday, 11 March 1994

16 . Road safety ( vote )

para . 23 : adopted by RCV ( PSE )

Visser report — A3-0067 / 94 Members voting : 104

For : 104
Against : 0
Abstentions : 0

MOTION FOR A RESOLUTION

Explanations of vote :

The different parts of the text were adopted in order .

— in writing : Mr Nicholson and Mrs Ewing

20 RCVs and and 23 . split votes had been requested on paras . 1 6, 1 7, Parliament adopted the resolution ( Part II, Item 12 ).

text of the motion for a resolution without paras . 16, 17,
### 20 and 23 : adopted 17 . All-European transport policy ( vote )

Liittge report — A3-0066 / 94

para . 16 : split vote by RCV ( PPE )

1st part : up to ' projects ': adopted by RCV

Members voting

For :

Against :

Abstentions :

2nd part : remainder : adopted by RCV

93

91

0

2

MOTION FOR A RESOLUTION

Amendment withdrawn : 1

Explanations of vote :

— in writing : Mr Ephremidis, on behalf of the CG Group,
and Mr Caudron

Parliament adopted the resolution ( Part II, Item 13 ).

Members voting : 103

For : 55
Against : 46
Abstentions : 2

### . 17 : adopted by RCV ( PPE ) 18 . Intra-Community transport networks

Members voting : 98 ( vote )

For : 60 Sapena Granell report — A3-00 17 / 94
Against : 38
Abstentions : 0

para . 17 : adopted by RCV ( PPE )

Members voting : 98

para . 20 : by split vote by RCV ( PSE, LDR )

1st part : up to ' road safety ': adopted by RCV

Members voting : 115

For : 112
Against : 0
Abstentions : 3

2nd part : up to ' USA ': adopted by RCV

MOTION FOR A RESOLUTION

Explanations of vote :

— oral : Mr Blaney ( who also repeated his protest
concerning explanations of vote )

— in writing : Mr Tauran, on behalf of the DR Group,
Mr Nicholson and Mr Arbeloa Muru

Parliament adopted the resolution ( Part II, Item 14 ).

Members voting : 99

For : 54
Against : 43

Abstentions : 2 19 . Negotiations with Swiss Confederation on

Abstentions : 2 .
road and air transport ( vote )

3rd part : up to ' motor vehicles ': adopted by RCV

Van Dijk report — A3-0 136 / 94

MOTION FOR A RESOLUTION

Amendments adopted : 7 by EV, 4 by EV, 8, 9, 10, 5 by
EV

Amendments rejected : 6, 3 by EV, 1, 11 by EV, 2

Members voting : 95

For : 93
Against : 1

Abstentions : 1

4th part : remainder : adopted by RCV

Members voting :

For :
Against :

102

99

2

Abstentions : 1 The different parts of the text were adopted in order .

No C 91 / 280 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

The following spoke during the vote :

The rapporteur :

— before the vote on am . 8, asked for the quorum to be

checked, pursuant to Rule 112 . Fewer than 22 Mem ­
bers rose to support this request, which was accord ­
ingly not upheld .

— pointed out a mistake in various language versions of

am . 9, for which Italian and French were correct
versions .

The President pointed out that he had been informed by
Mr Anastassopoulos that the French version of am . 5
contained a mistake .

Explanations of vote :

— oral : Mr Bettini, on behalf of the V Group

Parliament adopted the resolution ( Part II, Item 15 ).

Explanations of vote :

— in writing : Mr Simeoni, on behalf of the ARC Group,
Mr Ephremidis, on behalf of the CG Group, Mr Caudron,
Mr Nicholson, Mr Geraghty and Mr Barata Moura .

Parliament adopted the resolution ( Part II, Item 18(a )).

( b ) A3-0080 / 94

MOTION FOR A RESOLUTION

Amendments adopted : 2 and 3 collectively, 4 and 1

The different parts of the text were adopted in order .

Explanations of vote :

— in writing : Mr Ephremidis and Mr Nicholson

Parliament adopted the resolution ( Part II, Item 18(b )).

20 . Passport checks by certain airlines ( vote ) 23 . Status of nursing staff ( vote )

David W. Martin report — A3-0081 / 94 Hermans and Lenz report — A3-0 123 / 94

23 . Status of nursing staff ( vote )

David W. Martin report — A3-0081 / 94

MOTION FOR A RESOLUTION

Amendment adopted : 1

The different parts of the text were adopted in order .

Parliament adopted the resolution ( Part II, Item 16 ).

MOTION FOR A RESOLUTION

Amendment adopted : 1

The different parts of the text were adopted in order .

Parliament adopted the resolution ( Part II, Item 19 ).

21 . Community contribution to Nuclear Safety 24 . Monopoly in export and import of energy

Account - ( vote )
Adam report — A3-0 127 / 94

( vote )

MOTION FOR A RESOLUTION B3-0257 / 94 :

PROPOSAL FOR A DECISION COM(93)0515 — C3 ­
0482 / 93 : The President announced he had received a request from
Mr Desama, chairman of the Committee on Energy, and

Amendments adopted : 1 to 7 collectively 23 other Members for the vote on the motion to be

postponed .

Parliament approved the Commission proposal as
amended ( Part II, Item 17 ).

The following spoke on the request : Mrs Goedmakers, on
behalf of the Committee on Energy, and Mr von Wogau .

DRAFT LEGISLATIVE RESOLUTION : Parliament approved the request .

Parliament adopted the legislative resolution ( Part II,
Item 17 ).
25 . Fisheries                        - ( vote )

Motions for resolutions B3-0254, 0259, 0266 and
0270 / 94 and Blaney report — A3-0 103 / 94
22 . Structural policies ( vote )

Reports by Mr Raggio ( A3-0096 / 94 ) and Mr Lo
Giudice ( A3-0080 / 94 ) ( a ) B3-0254, 0259, 0266 and 0270 / 94

MOTIONS FOR RESOLUTIONS B3-0254, 0259, 0266

and 0270 / 94 :
( a ) A3-0096 / 94

MOTION FOR A RESOLUTION

— joint motion for a resolution tabled by :

Mrs Fontaine, on behalf of the PPE Group,

Amendment adopted : 1 by EV Mrs Isler Beguin, Mrs Dinguirard, Mr Fremion,

Mr Boissiere and Mr Verbeek, on behalf of the
The different parts of the text were adopted in order . V Group,

28 . 3 . 94 Official Journal of the European Communities No C 91 / 28

Friday, 11 March 1994

Mr Guermeur, on behalf of the RDE Group,
Mr Simeoni, Mr Blaney, Mrs Ewing and Mr Vande ­
meulebroucke, on behalf of the ARC Group,
Mr Querbes, Mr Miranda da Silva and Mr Ephrem ­
idis, on behalf of the CG Group,
to replace these motions with a new text :

Explanations of vote :

— in writing : Mr Vazquez Fouz, Mr Bourlanges and
Mrs Ewing

Parliament adopted the resolution by RCV ( ARC, RDE ):

Members voting : 90

For : 51
Against : 39
Abstentions : 0

( Part II, Item 20(a )).

27 . Announcement by the President

The President announced, following Mr Tomlinson 's
various remarks on the subject, that the minutes of the
College of Quaestors would be distributed to all Mem ­
bers unless there were exceptional circumstances .

Mr Tomlinson asked what was meant by ' exceptional
circumstances ' .

The President explained that all minutes would be distri ­
buted to Members but that certain matters examined by
the Quaestors, for example welfare and private matters,
might be dealt with confidentially .

Mr Tomlinson spoke .

( b ) A3-0 103 / 94 - IN THE CHAIR : Mr ESTGEN

PROPOSAL FOR A DECISION COM(93)0546 — C3 ­ Vice-President
0521 / 93 :

Amendments adopted : 1 to 4 collectively, 9 by RCV, 6 to

8 collectively

Amendment rejected : 5 by RCV

Results of RCV s :

am . 5 ( ARC ):

Members voting : 80

For : 19
Against : 61
Abstentions : 0

28 . Agenda

The President announced that he had received a request
from the PSE Group for the Commission statement on the
procurement of buses by the Walloon regional transport
authority, which was last item on the agenda, to be
postponed to a subsequent part-session .

Mrs Thyssen spoke on this request .

Parliament approved the request .
am . 9 ( ARC ):

Members voting : 83

For : 64
Against : 19
Abstentions : 0 29 . Control of Community budget ( vote )

Reports by Mr Tomlinson ( A3-0320 / 93 ) and
Parliament approved the Commission proposal as Mrs Theato ( A3-0074 / 94 )
amended ( Part II, Item 20(b )).

DRAFT LEGISLATIVE RESOLUTION : ( a ) A3-0320 / 93

MOTION FOR A RESOLUTION
Mr Blaney, rapporteur, spoke .

Parliament adopted the legislative resolution ( Part II,
Item 20(b )).

Amendments adopted : 1 by EV, 2, 3

The different parts of the text were adopted in order .

Parliament adopted the resolution ( Part II, Item 22(a )).
26 . Closure of Parliament 's accounts for 1993

( vote )
Pasty report — A3-0 106 / 94 ( b ) A3   - 0074 / 94

MOTION FOR A RESOLUTION MOTION FOR A RESOLUTION

Parliament adopted the resolution ( Part II, Item 21 ). Parliament adopted the resolution ( Part II, Item 22(b )).

No C 91 / 282 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

30 . Control of EIB and EBRD financial policy The rapporteur asked, on behalf of the V Group, for the
( vote ) report Rule 129 to . be referred back to committee pursuant to
Zavvos report — A3-0 107 / 94

Parliament approved the request .
MOTION FOR A RESOLUTION

The following spoke : the rapporteur, Mrs Breyer who put
Parliament adopted the resolution ( Part II, Item 23 ). a question to the Commission, and Sir Leon Brittan who
answered the question .

31 . Access to third countries ' markets ( vote )

Pinton report — A3-0023 / 94

34 . Demographic situation and development

MOTION FOR A RESOLUTION ( debate and vote )

Amendment rejected : 1

The different parts of the text were adopted in order .

Parliament adopted the resolution ( Part II, Item 24 ).

32 . Tomato production ( vote )

MOTION FOR A RESOLUTION B3-0300 / 94 :

Parliament adopted the resolution ( Part II, Item 25 ).

33 . Genetic resources in agriculture - ( debate

and vote )

Mr Graefe zu Baringdorf introduced his report, drawn up
behalf of the Committee on Agriculture, Fisheries and
Rural Development, on the proposal for a Council Regu ­
lation on the conservation, characterization and utiliza ­
tion of genetic resources in agriculture ( COM(93)0337
— C3-03 17 / 93 ) ( A3-0 104 / 94 ).

Mr Blaney asked when he would be able to give its
explanation of vote on the Lacaze report which had been
voted the previous day .

The President suggested Mr Blaney give his explanation
in writing .

Mr Blaney asked for the Minutes to record officially that
the President Of Parliament had authorized him to give his
explanation orally and accepted the President 's sugges ­
tion .

Mr McCartin spoke on the amendments .

The following spoke : Mrs Breyer, draftsman of the
opinion of the Committee on Energy, Mr Gorlach, on
behalf of the PSE Group, Mr Sonneveld, on behalf of the
PPE Group, Mr Garcia, on behalf of the LDR Group,
Mr Verbeek, on behalf of the V Group, Mr Lane, on
behalf of the RDE Group, Mr Cunha Oliveira,
Mrs Breyer and Sir Leon Brittan, Member of the Com ­
mission .

Mr Pons Grau asked for the quorum to be checked
pursuant to Rule 1 1 2 ( the President replied that this
request should be tabled when the vote was called ).

Mr Nordmann introduced his report, drawn up on behalf
of the Committee on Development and Cooperation, on
the demographic situation and development ( A3-0052 /
94 ).

The following spoke : Mr Casini, on behalf of the PPE
Group, Mr Raftopoulos, Mr Habsburg and Sir Leon
Brittan, Member of the Commission .

Mr Pons Grau withdrew his request for the quorum to be
checked .

The President closed the debate .

VOTE

MOTION FOR A RESOLUTION

Amendments adopted : 7, 6, 3 by RCV

Amendments rejected : 8, 1 2 by EV, 1 by RCV, 2 by EV, 4

by EV, 5 by RCV

Amendments withdrawn : 9, 10, 11, 13

The different parts of the text were adopted in order .

Results ofRCVs :

am . 1 ( PPE ):

Members voting :

For :
Against :
Abstentions :

Members voting :

For :
Against :
Abstentions :

am . 3 ( PPE ):

31

14

15

2

31

20

Against : 7

The President closed the debate . Abstentions : 4

28 . 3 . 94 Official Journal of the European Communities No C 91 / 283

Friday . 11 March 1994

am . 5 ( PPE ): PROPOSAL FOR A REGULATION COM(93)0478 —
Members voting : 32 C3-0009 / 94

For : 15
Against : 15 Parliament approved the Commission proposal ( Part II,
Abstentions : 2 Item 28 ).

Explanations of vote : DRAFT LEGISLATIVE RESOLUTION

— oral : Mrs Ernst de la Graete, on behalf of the V Group Parliament adopted the legislative resolution ( Part II,
Item 28 ).

— in writing : Mr Cunha Oliveira

Parliament adopted the resolution ( Part II, Item 26 ).

37 . Export of pesticides to Albania ( statement

with debate )

35 . Refugees in Africa ( debate and vote )

Mr Pons Grau introduced his report, drawn up on behalf
of the Committee on Development and Cooperation, on
refugees in Africa ( A3-0049 / 94 ).

The following spoke : Mrs Von Alemann, on behalf of the
LDR Group, Mr Graefe zu Baringdorf, on behalf of the
V Group, and Mr Vohrer .

Sir Leon Brittan, Member of the Commission, made a
statement on the export by the Community to Albania of
pesticides under the Phare programme .

The following spoke : Mr Raftopoulos, on behalf of the V Group, and Mr Vohrer .
PSE Group, Mr Maher, on behalf of the LDR Group, and
Sir Leon Brittan, Member of the Commission . 

                                               -                                                The President closed the debate .

VOTE

MOTION FOR A RESOLUTION

Amendment adopted : 1

The different parts of the text were adopted in order .

The President announced that he had received from the
following Members a motion for a resolution pursuant to
Rule 37(2 ):

— Hadjigeorgiou, Lambrias, Anastassopoulos, Sarlis,
Stavrou, Zavvos and Pierros, on behalf of the PPE Group,
on exports of pesticides from the European Union to
Albania under the Phare programme ( B3-03 14 / 94 ).

Parliament adopted the resolution ( Part II, Item 27 ). VOTE

MOTION FOR A RESOLUTION B3-03 14 / 94

### 36 . Import tariff quota for beef and veal *

( debate and vote )

Mr Sonneveld introduced his report, drawn up on behalf
of the Committee on Economic and Monetary Affairs and
Industrial Policy, on the proposal for a Council Regula ­
tion opening for 1994, as an autonomous measure, a
special import tariff quota for high-quality fresh, chilled
or frozen beef and veal falling within CN codes 0201 and
0202 and for products falling within CN codes 0206 10
95 and 0206 29 91 ( COM(93)0478 — C3-0009 / 94 )
( A3-0 120 / 94 ).

The following spoke : Sir Leon Brittan, Member of the
Commission, Mr Lane, on behalf of the RDE Group,
Mr McCartin and the rapporteur .

The President closed the debate .

Amendments adopted : 1 and 2 collectively, 5

Amendments rejected : 3, 4

Explanations of vote

## — oral : Mr Raffin on behalf, of the V Group

Parliament adopted the resolution ( Part II, Item 29 ).

38 . Written declarations ( Rule 48 )

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

Doc . No Author Signatures

VOTE 1 / 94 Mr Collins 12

No C 91 / 284 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

### 39 . 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 resolutions that had just been adopted forth ­
with to the bodies named therein .

Enrico VINCI

Secretary-General

40 . Dates for next part-session

The President announced that the next part-session would
be held from 23 to 24 March 1994 .

### 41 . Adjournment of session

The session was adjourned .

( The sitting was closed at 11.55 a.m .)

Nicole FONTAINE

President

28 . 3 . 94 Official Journal of the European Communities No C 91 / 285

Friday, 11 March 1994

PART II

Texts adopted by the European Parliament

1 . Alternatives to animal testing methods ( Rule 52 )

A3-0119 / 94

Resolution on the role of the ECVAM, a European Centre for the validation and perfection of

alternatives to animal testing methods

The European Parliament,

— having regard to the motion for a resolution by Mr Ford on the establishment of a European

Centre for research and development and scientific evaluation of alternative methods of
laboratory testing ( B3-07 12 / 92 ),

— having regard to its resolution of 17 February 1989 on a reduction in the use of animals for

experimental purposes ('),

— having regard to Directive 86 / 609 / EEC on the approximation of laws, regulations, and

administrative provisions of Member States regarding the protection of animals used for
experimental and other scientific purposes, in particular, Articles 7 and 23 thereof ( 2 ),

— having regard to Directive 93 / 35 / EEC amending for the sixth time Directive 76 / 768 / EEC on

the approximation of laws of the Member States relating to cosmetic products, in particular,
Article 4(i ) thereof ( 3 ),

— having regard to the Commission 's fifth Environmental Action Programme as outlined in its

report ' Towards Sustainability ' ( COM(92)OC)23 — Vol.11 ), in particular Table 15(d )
thereof ( 4 ),

— having regard to Rule 45 of its Rules of Procedure,

— having delegated the power of decision to the Committee on Energy, Research and

Technology, pursuant to Rule 52 of its Rules of Procedure,

— having regard to the report of the Committee on Energy, Research and Technology

( A3-01 19 / 94 ),

A. whereas Parliament, in delivering its opinion on the Fourth Framework Programme for
Research at first reading, added to the series of objectives in the public interest identified for
the purposes of selecting the Community 's RTD activities the following : ' to replace where
possible experimentation and testing on animals by in vitro or other alternative methods ' ( 5 ),

1 . Welcomes the establishment of the European Centre for the Validation of Alternative
Methods ( ECVAM ) as an essential step towards achieving a reduction in the use and severity of
existing animal test methods and their early replacement with non-animal methods ;

2 . Points out that validating alternatives to animal testing methods will involve the Ecvam in a
number of research activities ;

(') OJC69, 20.3.1989, p . 193 .
( 2 ) OJL 358, 18.12.1986, p . 1 .
( 3 ) OJL 151,23.6.1993, p . 32 .
( 4 ) OJC 138, 17.5.1993, p . 1 .
P ) Minutes of 18 . 1 1 . 1993, Part II, Item 6(a ) ( Amendment 3 1 ).

No C 91 / 286 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

3 . Emphasizes that, as Parliament requested, the objectives of the Fourth Framework
Programme must include replacing experimentation on animals by alternative methods and that
in this context the Ecvam will play a fundamental role ;

4 . Recognizes that if Ecvam is to be successful, it will require adequate funding and also the
full support and cooperation of the EC institutions and Member States, in particular with regard
to the amendment of EC and national legislation and regulations ;

5 . Points out in this connection that Parliament amended the remarks against Article B6-421
of the 1994 draft budget which, inter alia, funds the Ecvam ' s activities, precisely so that the
centre might be granted the funding and human resources to help achieve the Community 's
short-term objective of reducing animal experimentation by 50% ;

6 . Calls on the Commission to implement the appropriations under Article B6-42 1 taking due
account of the remarks accompanying it and to make regular reports to Parliament on the
progress Ecvam has helped achieve towards the above-mentioned objective, in particular by
providing the data on which Community Directives will be based ;

7 . Calls on the Commission, if the results of Ecvam ' s work show it to be desirable, to submit
proposals for legislation on testing methods ;

8 . Believes that Ecvam should be regarded as complementary to and not a substitute for work
carried out in this field by Member States, commercial companies and academic researchers ;

9 . Recognizes that, in addition to the problems of developing, validating and adopting new
methods in EC Member States, there is a further challenge in securing their acceptance by other
non-EC States ; it is essential therefore that the EC matches its technical commitment with a
political commitment in order to ensure the rapid development and acceptance of alternative test
methods ;

10 . Considers that progress with alternatives for cosmetics tests should be the first priority for
Ecvam given that there is a specific target of 1 . 1 . 1998 cited within Directive 93 / 35 / EEC ; failure
to meet this target or to make substantial progress will be a matter of great concern to the
European Parliament, to the citizens of the Community and the many animal protection societies
that pressed for action on this issue ; any failure to achieve such progress will undermine
confidence in the Community 's wider commitment to develop and adopt alternatives to animal
testing ;

1 1 . Considers that, taking account of technical progress already made, Ecvam ' s work should
also be linked closely to achieving the target of an overall 50% reduction in animal
experimentation by the year 2000 ; to this end, it should prioritize its efforts on those areas and
tests which use large numbers of animals, in particular those of a severe nature or which have
death as an end point of the procedure ;

12 . Whilst recognizing the importance of establishing a full range of facilities within Ecvam,
believes that the Centre will often be most effective when promoting and coordinating
development and validation work by third parties ; and through work such as the establishment of
databanks and definitions of validation which will facilitate more rapid progress in future ;

13 . Notes that much of the data concerning both animal and non-animal methods is held by
commercial companies . Currently much of this is not published or accessible . The full
cooperation of industry both in access to data and participation in validation and other studies
will be essential to achieving early progress and to avoid duplication ;

28 . 3 . 94 Official Journal of the European Communities No C 91 / 287

Friday, 11 March 1994

14 . Recognizes the potential for improving animal welfare by giving attention to other aspects
of the implementation of Directive 86 / 609 / EEC, but would be concerned to see Ecvam 's remit
extended to include these at the present time, particularly if substantial additional resources are
not made available ;

15 . Notes with concern that the Ecvam facilities will not be fully completed and operational
until the summer of 1994 and that the majority of its initially small complement of staff has still
not yet been appointed ; believes that the adoption of the 1994 budget as amended by Parliament
should not allow only this shortfall to be covered but also to be substantially strengthened so that
the Centre may make an effective contribution ;

16 . Calls for the adoption of a fair and equitable approach when assessing the validity of new
methods ; in particular, that such methods should be accepted on the basis of at least
demonstrating comparable levels of effectiveness to existing methods — acceptance should not
be conditional on establishing a higher standard or exact correlation ;

17 . Calls on the Commission to urgently review the current resources allocated to Ecvam,
pursuant to the decisions of the Budgetary Authority on Article B6-421 in the 1994 budget, and
to present proposals for increasing its capability, taking account of priorities recommended in
this report and the abovementioned decisions ; this should take effect no later than 1 January

1995 ;

18 . Calls on the Member States and the Commission to continue to take a lead on the
development, validation and implementation of alternative test methods ; where necessary this
should include a willingness to lead by example with respect to those nations which prove to be
less disposed towards the acceptance of alternative methods ;

19 . Instructs its President to forward this resolution to the Commission and Council .

2 . Implementation of Structural Funds during 1992 ( Rule 52 )

A3-0084 / 94

Resolution on the annual report from the Commission on the implementation of the reform of the

Structural Funds during 1992

The European Parliament,

— having regard to the annual report from the Commission on the implementation of the reform

of the Structural Funds during 1992 ( COM(93)0530 — C3-0467 / 93 ),

— having regard to the annual report of the Court of Auditors concerning the financial year

1992 ('),

— having regard to its resolution of 16 December 1993 on the conclusions of the mission of

inquiry of the Committee on Budgetary Control into the management and monitoring of the
Structural Funds in Italy ( 2 ),

— having delegated the power of decision to the Committee on Regional Policy, Regional

Planning and Relations with Regional and Local Authorities, pursuant to Rule 52 of its Rules
of Procedure,

— having regard to the report of the Committee on Regional Policy, Regional Planning and

Relations with Regional and Local Authorities and the opinions of the Committee on
Budgets and the Committee on Social Affairs, Employment and the Working Environment
( A3-0084 / 94 ),

(■) OJC 309, 16.11.1993 .
( 2 ) Minutes of that Sitting, Part II, Item 8 .

No C 91 / 288 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

A. whereas consideration of the report coincides with the preparation of the next series of
Community support frameworks ( CSFs ) for the period 1994 to 1999,

B. whereas the difficulties raised in the annual reports, particularly the most recent on 1992,
must be taken into account during the preparation of the CSFs in order to ensure that the
same problems do not arise in future,

Introduction

1 . Welcomes the fact that the Commission has made an effort to respond to its requests that the
report should provide more information on the qualitative aspects of structural expenditure,
particularly with regard to :

— application of the principles of the reform,

— assessment of Community assistance,

— the role of the two sides of industry,

— the environmental aspects ;

2 . Notes also with satisfaction the inclusion of specific details in the report, the effect of which
is to give the reader a more complete picture of the real effect of Structural Fund operations ;

Financial aspects

3 . Notes the financial information contained in the Commission 's report on the operation of
the Structural Funds during 1992 ; notes that in 1992 commitments in respect of the three
Structural Funds amounted to ECU 16 924,6 million, to which were added ECU 1 046 million for
the new Lander, and that the corresponding figures for payments were ECU 15 816 million and
ECU 1 237 million ; points out that at 31 December 1992 assistance granted in commitments
amounted to ECU 47 167 million ( at 1989 prices );

4 . Notes with satisfaction that at the end of the fourth year of the new Structural Funds
approximately 80% of Objective 1 funds for the period 1989 to 1992 were utilized, but regrets
that the figure of 65% for Italy is well below the average ;

5 . Notes that it is above all in the Objective 1 regions in Italy that the problem of the absorption
of appropriations is encountered ; notes that those difficulties are due essentially to relations
between the regions and the state, and sometimes between regions themselves, to a lack of
transparency and a failure to involve the social operators in the various stages of drawing up,
implementing and following up the CSFs ; considers that the problems which have arisen must be
studied in order to prevent them from recurring in the next period of implementation of the
Funds ;

Doubling of the Funds

6 . Notes with satisfaction that, according to the figures given in the report ( Chapter II,
Tables 6 and 7 ), commitment appropriations for Objective 1 regions were doubled between 1987
and 1992 and execution of appropriations under the Structural Funds as a whole was progressing
at the end of 1992 at the rate necessary to achieve a doubling of the three Funds between 1987 and

1993 ; notes, however, the Court of Auditors ' criticisms regarding the fact that the Community
initiatives are subdivided by Objective, and urges the Commission to respond ;

Objective 2

7 . Notes that the second phase of the Objective 2 programmes started in 1992 and that a total
of 87 programmes — ERDF monofund programmes, 15 ESF monofund programmes and
52 ERDF-ESF multifund programmes — were approved in 1992 ;

28 . 3 . 94 Official Journal of the European Communities No C 91 / 289

Friday, 11 March 1994

Community initiatives

8 . Recalls that in 1992 the Commission launched the Retex Community initiative ; notes that
the report mentions a number of difficulties which arose within some initiatives but that the
overall end result is nevertheless extremely positive ;

Social aspects

9 . Endorses the goal of achieving greater flexibility in the application of the criteria set out in
the ESF regulation, but stresses the need to ensure that these criteria are interpreted on a
transparent and uniform basis ; calls, accordingly, on the Member States to supply the
Commission with detailed information in this connection ;

10 . Stresses the fact that the ranks of the long-term unemployed include large numbers of
unskilled workers who have few chances of returning to the world of work ; shares, accordingly,
the Commission 's view that efforts should be concentrated on this category ;

11 . Is concerned, however, at the reservations expressed by both the Commission and the
Court of Auditors concerning the real impact of structural actions in favour of the long-term
unemployed ;

12 . Supports unconditionally the endeavours to devise a simultaneously global and individ ­
ualized approach to training, to cover basic training, voluntary vocational counselling, further
training leading to qualifications recognized in all the Member States, periods of workplace
apprenticeship and job-seeking aid ;

13 . Considers that measures in support of employment are likely to be more successful if they
are coordinated with actions favouring research, production and vocational training in the
context of a multifund approach ;

14 . Notes the present tendency, both in CSF negotiations and in the debate on future
Community initiatives, to transform specific actions targeted on especially vulnerable groups
into components of more general policies ; considers that, given the difficult economic situation,
particular guarantees, such as the introduction of quotas for appropriations allocated, should be
introduced to protect these categories ;

15 . Stresses the high success rate in finding employment of the beneficiaries of Community ­
funded training for people with disabilities ;

16 . Emphasizes the crucial role of education in enabling all young people to develop their full
potential in working life, and considers it essential to undertake a fresh drive to improve the
reading, writing and basic arithmetical levels of early school-leavers ;

17 . Reiterates its view that the evaluation of training actions co-financed by the ESF should
include a qualitative element, and calls on the Commission to establish more specific indicators
in this connection ;

18 . Calls for the economic and social partners, as having a direct stake in the labour market, to
be included as active participants in the various stages of structural policy actions, especially the
programming and evaluation stages ;

Checks

19 . Stresses the importance of the on-the-spot checks made by the Commission and considers
that they should be conducted as far as possible in collaboration with the other supervisory
bodies in order to make them more stringent ; notes that in 1992 the Commission made 19 visits in
connection with the ERDF, 43 in connection with the ESF and 15 in connection with the
EAGGF, and that 9 1 on-the-spot checks were carried out by the Financial Controller ; stresses
that the Member States should cooperate fully in the carrying out of the checks ;

No C 91 / 290 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

20 . Is concerned at the fact that the checks have revealed that Community open tendering rules
are not always respected by the Member States either for reasons of alleged urgency or because
the projects are split up artificially so as to remain below the threshold for advertising ; considers
that the Commission must ensure that this important principle of Community legislation is
applied in a transparent manner ;

Verification of the principle of additionality

2 1 . Notes the efforts made by the Commission to ensure that the principle of additionality is
applied ; deeply regrets that certain Member States do not appear to have cooperated with the
Commission to the extent necessary for verification to be carried out ; also notes with a certain
concern that the report states that ' verification of additionality comes under the partnership
principle and is based on information provided by the Member State concerned, the correctness
of which cannot be verified by the Commission ' ; insists that importance should be accorded to
the verification of additionality during on-the-spot checks ;

Technical assistance

22 . Notes that the report mentions that in 1992 there was a growing number of calls on the
resources available under the CSFs for technical assistance for both Objective 1 and Objective 2 ;
recalls that it has always stressed the importance of technical assistance as a means of
overcoming certain problems encountered during implementation of the Funds ;

Role of the loan instruments and links with subsidies

23 . Points out that in 1992 the volume of loans granted by the European Investment Bank
( EIB ) for regional development amounted, in total, to ECU 1 1 793 million, an increase of 25%
over 1991, of which ECU 6 400 million for Objective 1 regions ;

24 . Recalls its position that the EIB should be more closely involved in the preparation and
implementation of structural financing ; considers that that cooperation should be at its closest
during the preparation of the new CSFs ;

Assessment of assistance

25 . Notes the Commission 's efforts to quantify the effect of Community assistance but notes
that the indicators for measuring economic growth are inadequate ; repeats its request to the
Commission to devise indicators which take account of the different aspects of development and
which will also be used for a posteriori assessment ;

26 . Hopes that the doubling of the Funds and greater efficiency in implementation during the
next period will increase the Community 's contribution to the rate of growth and that priority will
be given to incorporating sustainable development criteria when selecting projects and allocating
funding ;

                                

                              -                               

27 . Instructs its President to forward this resolution to the Council and Commission .

28 . 3 . 94 Official Journal of the European Communities No C 91 / 291

Friday, 11 March 1994

### 3 . European forests ( Rule 52 )

A3-01 15 / 94

Resolution on urgent measures to save European forests

The European Parliament,

— having regard to the motion for a resolution by Mr Gorlach on the amendment of European

seed legislation ( B3-0300 / 93 ),

— having regard to Rule 45 of its Rules of Procedure,

— having delegated power of decision to its Committee on the Environment, Public Health and

Consumer Protection pursuant to Rule 52 of its Rules of Procedure,

— having regard to the report of the Committee on the Environment, Public Health and

Consumer Protection ( A3-01 15 / 94 ),

A. whereas forestry in Europe has important economic, ecological, sociological and cultural

functions and whereas the conservation of the natural diversity and beauty of forests in the
naturally wooded continent of Europe is of particular significance,

B. recognizing the diverse and universally beneficial effects of semi-natural forests in
providing protection against soil erosion, stabilization of the water economy and the
micro-climate, prevention of air pollution, as a habitat for numerous types of plants and
animals and as a recreational area for people,

C. whereas, although the ecological functions of forests are recognized, in practice they are still
subordinate to the economic functions, even though in many areas the protective functions of
the forest are far more valuable than the economic returns,

D. concerned at the increase in forest die-back and the extent of clearance for agricultural and

building purposes, the latter in the Mediterranean countries in particular,

E. whereas forests are greatly at risk because of the rapid climate changes since trees, which are
long lived, cannot develop any adjustment strategies over a short period,

F. whereas forestry is characterized by long production cycles and limited possibilities for
technical manipulation and whereas economic goals must therefore be geared towards
natural characteristics,

G. whereas at present 50% of the Community ' s total timber requirement has to be imported and

whereas it can be assumed that the need for timber as a source of energy and as a building        material will continue to increase in the future,

1 . Advocates a forestry policy which can manage to create a balance between the economic
uses and the environmental function, the conservation of flora and fauna, soil conservation,
stabilization of the water economy, etc .;

2 . Calls on the Member States to reform the forestry laws in such a way that the biological and
genetic diversity of forest stands are safeguarded as :

( a ) only semi-natural forests with a high level of genetic diversity can cope with the dangers of

rapid climate change, and

( b ) naturally managed forest has economic advantages in that it reduces risks, reduces labour

costs and increases product prices ;

No C 91 / 292 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

3 . Calls on the Member States to transpose into national legislation without delay the existing
EC Directives on the reduction of air pollutants in order to counteract the continuing die-back of
vegetation ;

4 . Calls on the operators of industrial-scale livestock units, in particular those near forests, to
reduce their ammonia emissions ( NH 4 +) as these pollutants alter soil conditions to such an extent
that trees are harmed ;

5 . Points out that forestry can help considerably in reducing the rising levels of CO2 which are
partly responsible for the greenhouse effect, as trees absorb CO2 from the atmosphere and the
timber produced can be used as a renewable raw material or a source of energy ;

6 . Supports the demands of the nature conservation organizations that the game population in
forests should be maintained at a level which will guarantee the natural regeneration of the forest
and, in particular, the protective forest in mountain areas without the need for fencing, since the
regeneration of protective forest is endangered by browsing by game ;

7 . Reiterates the fundamental principle of forestry that no more timber should be harvested
than is regenerating ;

8 . Calls on the regions of the European Union to create nature protection reserves, if possible
containing the whole spectrum of European forest communities ;

9 . Calls for the reforestation of agricultural land taken out of production under the common
agricultural policy to maintain the principles and aims of naturally managed forestry and for any
funding to be tied to the obligation to conserve existing forests and biotopes worthy of protection
so that fast-growing single species plantations are restricted to areas where they are ecologically
acceptable, i.e. where they can have no adverse effects on the surrounding areas ;

10 . Calls on the forestry sector to switch from vulnerable coniferous forests with limited
genetic diversity which are at high risk from uprooting by wind, red rot, breakage through snow
and bark beetle, to stable mixed woodland with a high genetic diversity and thus sustainable high
productivity ;

1 1 . Advocates specific forest fire management and the reforestation of areas affected by fire
with local species as these are genetically adapted to local conditions ;

12 . Stresses that in areas where the degree of degradation makes reforestation impossible the
appropriate pioneer communities should be planted ;

13 . Recommends that planting activities by independent environmental groups in such areas
should be supported ;

1 4 . Calls on the authorities responsible to ease the provisions on authorization of stands for the
harvesting of seed and reproductive material so that account is taken of the need to ensure that the
reproductive material is adapted to local conditions and resistant to pests and of the conservation
of genetic diversity, given that the application of the current seed legislation considerably
restricts the genetic potential as only a few forest areas are approved for the production of seed ;

15 . Calls on the governments of the Member States to impose heavier penalties on
infringements of the forestry laws as the existing forestry legislation which concerns the
protection and development of semi-natural and natural forests is frequently not implemented
vigorously enough and infringements are not adequately prosecuted ;

16 . Advocates the implementation of and support for long-term basic studies in view of the
limited knowledge about forest ecosystems ;

28 . 3 . 94 Official Journal of the European Communities No C 91 / 293

Friday, 11 March 1994

17 . Calls on the European Environment Agency to undertake a Community       - wide forest
mapping and inventory exercise, as the existing data is not compatible and the figures for the total
forest area in the Community vary between 43 million and 68 million hectares ;

18 . Calls on schools and the media to step up publicity work on the importance of forests and
their contribution to general well-being so that the urgent need for immediate measures to solve
the problems of forests, i.e. problems relating to erosion, destabilisation of the water economy,
die-back of vegetation, air pollution and the creation of grassland, are made clear to all sectors of
the population and in particular to the appropriate decision-makers ;

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

4 . Design ( Rule 52 )

A3-0125 / 94

Resolution on the cultural and economic importance of design, and a European design offensive

The European Parliament,

— having regard to the motion for a resolution by Mrs Maibaum on a European design

offensive ( B3-1 105 / 92 ),

— having regard to the Council Decision of 17 April 1989 ( 89 / 286 / EEC ) on the implementation

at Community level of the main phase of the strategic programme for innovation and
technology transfer ( 1989 to 1993 ) ('),

— having regard to the proposal for a European Parliament and Council Directive on the legal

protection of designs ( CC)M(93)0344 ),

— having regard to the proposal for a European Parliament and Council Regulation on the

Community Design ( COM(93)0342 ),

— having regard to Rule 45 of its Rules of Procedure,

— having delegated the power of decision to its Committee on Culture, Youth, Education and

the Media pursuant to Rule 52 of its Rules of Procedure,

— having regard to the report of its Committee on Culture, Youth, Education and the Media

( A3-0 125 / 94 ),

A. whereas, as part of the European Year for Safety and Health at the Workplace ( 1992 ) the

European Foundation for the Improvement of Living and Working Conditions organized a
European conference in Copenhagen on ' Designing the Future ' on all aspects of design to
improve living and working conditions,

B. whereas the Horizon programme is supporting the European symposium on obstacle-free
design for all ( December 1993, Bonn ),

C. whereas the European Foundation for the Improvement of Living and Working Conditions is
planning new design activities for 1994 : a conference on ' Design for Health ' and a workshop
on ' Design for Ecological Products ',

(') OJL 112, 25.4.1989, p . 12 .

No C 91 / 294 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

D. whereas design is acquiring increasing importance in all areas and aspects of the activities of

the European Union in the industrial, commercial, cultural, ecological and social fields,

E. whereas design creates a European cultural identity, while helping express cultural diversity
through the European Union and is of fundamental importance to the global information
society,

F. whereas design is a constant factor for innovation,

G. whereas design is a key influence on the culture of everyday life,

H. whereas design helps improve living and working conditions,

I. whereas design plays a crucial role in the use of the information and communications media
by the public as a whole, especially as we look forward to a global information society in the
next century,

J. whereas design is helping cement a Europe growing closer together,

K. whereas design furthers European integration and the achievement of the common market,

L. whereas design increases the competitiveness of European products, services and companies
in world markets,

M. whereas ecological design strategies need to be developed, inter alia to put environmentally

friendlier products on the market,

N. whereas design has an important role to play in the access to and use of educational and

training media,

O. whereas design helps the social integration of the handicapped, of the substantial minority of

the illiterate and the increasing percentage of older people in the population,

P. whereas there has to be a bridge between European designers and European industry, which
thus may be given the support required for it to improve its product quality and increase its
competitiveness on the world market,

Q. whereas the Single Market requires the introduction of Community legal protection for

design,

R. whereas Community legal protection for design will help strengthen the position of design
on the world market,

S. whereas the Sprint Programme is already promoting design at Community level, but with its
encouragement of product design by small and medium-sized undertakings covers only a
fraction of the sector and that to a modest degree,

T. Whereas the Sprint Programme is financing various small-scale national design activities
such as ' Design Ireland ' in 1992,

U. whereas the European Union 's main industrial competitors have comprehensively ­

organized design strategies, for example Japan with the aid of MITI and the USA with the

' American Design Council ',

V. whereas the necessary initiatives in support of design can be presented by means of

transnational networks in which governments, industry and training and research centres are
involved,

1 . Calls on the Commission to draw up a strategy for a broad-based Community design
initiative aimed at supporting the entire design sector ( product, communications and interior
design, design management, design and services ) at European Union level ;

28 . 3 . 94 Official Journal of the European Communities No C 91 / 295

Friday, 11 March 1994

2 . Recommends for this purpose the appointment of a professional designer with international
experience as a design consultant at the Commission and the appointment of a steering
committee including designers to draw up related strategies ;

3 . Welcomes the Commission 's proposal to give legal protection for European design but
regrets that in its Green Paper it took a technological rather than a cultural approach to the
problems of design ;

4 . Calls on the Commission to draw up a report on the activities relating to design under the
Sprint programme ;

5 . Proposes the setting up of a design information clearing house with a coordinating role and
the creation of European networks to encourage the exchange of information on design, both of
which will contribute to the more effective use of and exchanges of information on national aid
schemes ;

6 . Recommends European Union-wide design exhibition activities and symposia ;

7 . Proposes the establishment of research projects on subjects including the innovatory,
information, environmental and cultural aspects of design ;

8 . Proposes that aid be given for pilot projects in new forms of design education at European
design colleges including design for the handicapped and the older generation ( obstacle-free
design ), design to deal with local public transport problems, design for environmentally-friendly
products and design for new interactive media etc .);

9 . Hopes that the necessary attention will be given to the development and application of
design in the new generation of incentive programmes for education and vocational training and
in activities under the structural programmes ;

10 . Recommends the development of a post-graduate course in European design projects
perhaps in collaboration between various European universities ;

1 1 . Recommends the development of a job description recognized throughout Europe for
design consultants who, rather than producing designs in their own studios, would provide
services in industry, public authorities etc .;

1 2 . Recommends that faculties of design at universities and specialized colleges be developed
for this purpose and that support be given for the transfer of qualified design consultants to
industry ;

13 . Points out that many design students are women and that their experience as women
should be used to create a more women-friendly environment ( e.g. ergonomics ), and urges the
observance of the principle of equal opportunities for men and women especially for promotion
to positions of responsibility ;

14 . Recommends the introduction of a ' European Good Design ' mark at European Union
level, for new thinking in respect of ecology, re-use, recycling, waste reduction and culture ;

15 . Proposes information campaigns and the use of the media to promote design within the
European Union ;

16 . Calls for the establishment of a ' European Design Council ';

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

No C 91 / 296 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

5 . Compensation for milk producers     - ( Rule 143 )

Proposal for a Council Regulation derogating from Regulation ( EEC ) No 1637 / 91 as regards the
payment of compensation to milk producers for the reduction of reference quantities

( CC)M(93)0675 — C3-0024 / 94 )

The proposal was approved .

6 . Drought in Portugal     - ( Rule 143 )

Proposal for a Council Regulation on special measures for farmers affected by the 1992 / 93

drought in Portugal ( COM(94)0031 — C3-0096 / 94 )

The proposal was approved .

7 . Animal feed     

A3-0129 / 94

Proposal for a Council Regulation laying down the conditions and arrangements for approving
certain establishments operating in the animal feed sector and amending Directives 70 / 524 / EEC

and 74 / 63 / EEC ( COM(93)<)587 — C3-0524 / 93 )

The proposal was approved .

Legislative resolution embodying the opinion of the European Parliament on the proposal for a
Council Regulation laying down the conditions and arrangements for approving certain
establishments operating in the animal feed sector and amending Directives 70 / 524 / EEC and

74 / 63 / EEC ( COM(93)0587 — C3-0524 / 93 )

( Consultation procedure )

The European Parliament,

— having regard to the Commission proposal to the Council ( CC)M(93)0587 ) ('),

— having been consulted by the Council pursuant to Article 43 of the EC Treaty ( C3-0524 / 93 ),

— having regard to the report of the Committee on Agriculture, Fisheries and Rural

Development and the opinion of the Committee on Economic and Monetary Affairs and
Industrial Policy ( A3-0 129 / 94 ),

1 . Approves the Commission proposal ;

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

(') OJ C 348, 28.12.1993, p . 19 .

28 . 3 . 94 Official Journal of the European Communities No C 91 / 297

Friday, 11 March 1994

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 .

8 . Expenditure in the veterinary field     

A3-0130 / 94

Proposal for a Council decision amending Decision 90 / 424 / EEC on expenditure in the veterinary

field ( CC)M(93)0470 — C3-0010 / 94 )

The proposal was approved .

Legislative resolution embodying the opinion of the European Parliament on the proposal for a
Council decision amending Decision 90 / 424 / EEC on expenditure in the veterinary field

( CC)M(93)0470 — C3-0010 / 94 )

( Consultation procedure )

The European Parliament,

— having regard to the Commission proposal to the Council ( CC)M(93)0470 ) ('),

— having been consulted by the Council pursuant to Article 43 of the EC Treaty ( C3-00 10 / 94 ),

— having regard to the report of the Committee on Agriculture, Fisheries and Rural

Development ( A3-0 130 / 94 ),

1 . Approves the Commission proposal ;

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 .

(■) OJC4, 6.1.1994, p . 5 .

No C 91 / 298 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

### 9 . Negotiations with certain third countries on road transport

A3-0100 / 94

Resolution on the recommendation for a Council decision on the opening of negotiations between
the European Community and certain third countries concerning the carriage of goods and

passengers by road

The European Parliament,

— having regard to the Commission recommendation for a Council decision on the opening of

negotiations between the Community and certain third countries concerning the carriage of
goods and passengers by road,

— having regard to its resolution of 21 January 1994 on the recommendation for a Council

decision on the opening of negotiations between the Community and certain third countries
concerning the carriage of goods and passengers by road ('),

— having regard to Rule 90(2 ) of its Rules of Procedure,

— having regard to the report of the Committee on Transport and Tourism ( A3-0100 / 94 ),

A. whereas transport is a service and is therefore covered by European policy towards third

countries,

B. whereas cabotage should not only be a matter of Community policy, but should be applied
elsewhere, too, for more efficient and hence environmentally compatible road transport,

C. whereas, pursuant to the powers assigned to it, the Commission of the European Community
conducts, on behalf of the Community, negotiations with third countries in respect of
transport and international trade,

D. having regard to the importance attached by Parliament to efficient domestic and external

transport, to the development of the economy of the countries of Central and Eastern Europe
and to transit transport through third countries from and to its Member States Greece and
Italy,

E. having regard to the increase in cross-border transport movements thanks to the creation of
the free internal market and the European Economic Area,

1 . Approves the granting by the Council of a negotiating mandate to the Commission in
respect of the provision of services in the transport sector including cabotage of transport by road
with third counties ;

2 . Is of the opinion, however, that this mandate should involve close cooperation between the
Institutions of the Community ;

3 . Welcomes therefore the fact that Parliament has been consulted on this proposal, even
though such consultation is not obligatory ;

4 . Does not insist on full equality of access to the market for carriers from the Member States
and those from the third countries with which negotiations have been opened, given the
economically disadvantaged nature of these countries of Central and Eastern Europe ;

5 . Believes, however, that the negotiations should seek protection from dumping on the
European transport market ;

6 . Believes that strict compliance with the rules on drivers ' hours of work and rest and
maximum dimensions of vehicles are an essential condition ;

(') Minutes of that Sitting, Part II, Item 2 .

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Friday, 11 March 1994

7 . Believes it is fundamentally important that the negotiating mandate should extend to the
carriage of passengers including, at least, reciprocal exemptions for unscheduled uninterrupted
journeys and also, if possible, the unrestricted right of new passengers to join any trip with stops

in more than one Member State of the Union and third countries ;

8 . Calls also on the Commission Jo insist at the same time, pursuant to the mandate previously
requested for negotiations with the transit countries of Switzerland and Austria, on equal
conditions for the transit of carriers from the Member States and the countries with which
negotiations are opened pursuant to the present proposal ;

9 . Believes furthermore that, subject to agreements made in the past on protection of the
environment of the Alps, Community transport policy should be implemented in full by the
transit countries Austria and Switzerland ;

10 . Calls also on the Commission to take account of the fact that the environment in the third
countries with which the negotiations are currently being opened also needs to be protected, and
that therefore emissions of harmful substances by vehicles from the countries in question should
be modified at the same time as emissions from vehicles from the Member States are modified ;

Specific remarks on the negotiating principles

1 1 . Notes that the Commission refers in Section 1 not only to countries in Europe but also to a
number of countries in the Middle East, Central Asia and North Africa . It would be better for the
Commission to make a clear distinction in this section between the desire to enter into
negotiations now with countries which are, or which wish to become in the foreseeable future,
members of the ECNT and other countries with which Member States may well have road
transport agreements, but with which the Commission currently has no plans to enter into
negotiations on behalf of the Community as a whole ;

12 . Notes that, as the Commission says in Section 4, the negotiations with the EFTA countries,
with the exception of Switzerland, will be conducted ' in the framework foreseen by the EEA ';

13 . Notes that in the second paragraph of Section 5 the Commission explicitly refers to Case
13 / 83 ; mention should also be made here of the important role played by Parliament in
establishing Community policy and Parliament should therefore be closely involved in
formulating external policy ;

14 . Notes, with regard to Section 6, that the Commission is aware that the rules on the carriage
of passengers by road do not satisfy the desire for further liberalization and simplification as spelt
out by Parliament . This section should mention the desire expressed by many of the parties
concerned for a further review of Community rules on the carriage of passengers . Much more
liberal rules are therefore required with third countries in this respect than for the carriage of
goods ;

15 . Notes that in the sixth paragraph of Section 6 the Commission uses the expression ' do not
apply '; believes that, at the very least, the words ' in the opinion of the Commission and
Parliament ' should be added to this ;

16 . Considers that in Section 10 the words ' politically and economically ' should read
' politically, economically and environmentally ';

17 . Considers that in Section 13(f ) the words ' and the technical rules on safety and
environmental rules ' should be added after the words ' dimensions ';

18 . Believes that the following should be added to Section 15 : ' these negotiations should also
be aimed at reducing to a minimum unacceptably long delays at the frontiers of the countries in
question ';

19 . Considers that, in Section 16, after ' Member States ' the words ' and the European
Parliament ' should be inserted ;

No C 91 / 300 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

20 . Believes that a third indent should be added to Section 17 as follows :

' — the Commission shall also involve in these negotiations the transit countries which are

members of EFTA, in order to establish where possible equal conditions with those countries
and with third countries ;'

21 . Considers that an additional indent should be added to Section 3 of the Annex as follows :

' — provide for simplification of frontier formalities, in order to reduce delays at frontiers ;'

                                

                              -                               

22 . Instructs its President to forward this resolution to the Commission, the Council, the
Economic and Social Committee, the Governments of Albania, Armenia, Azerbaijan, Belarus,
Bulgaria, Croatia, Bosnia-Herzegovina, the Czech Republic, the Slovak Republic, Estonia,
Georgia, Hungary, Latvia, Moldova, Poland, Romania, Russia, Slovenia, Turkey and Ukraine
and the Governments of Austria and Switzerland .

10 . Intellectual property rights and standardization

A3-01 13 / 94

Commission communication on intellectual property rights and standardization ( COM(92)Q445

— C3-0034 / 93 )

The communication was approved .

Resolution on the Commission communication on intellectual property rights and standard ­

ization

The European Parliament,

— having regard to the Commission communication ( COM(92)0445 — C3-0034 / 93 ),

— having regard to the report of the Committee on Legal Affairs and Citizens ' Rights and the

opinion of the Committee on Economic and Monetary Affairs and Industrial Policy
( A3-0 113 / 94 ),

1 . Approves the Commission communication ;

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

28 . 3 . 94 Official Journal of the European Communities No C 91 / 301

Friday, 11 March 1994

11 . Safe seas

A3-0068 / 94

Resolution on a common policy on safe seas

The European Parliament,

— having regard to the Commission communication on 'A common policy for safe seas ' and to

the action programme contained therein ( CC)M(93)0066 — C3-01 22 / 93 ),

— having regard to the Council resolution of 8 June 1993 on a common policy on safe seas ('),

— having regard to the plan for improving maritime safety and reducing marine pollution

adopted by the five EU Transport Ministers ( D, F, B, UK, NL ) on 26 January 1994,

— having regard to the report of the Committee on Transport and Tourism and the opinion of

the Committee on the Environment, Public Health and Consumer Protection ( A3-0068 / 94 ),

A. whereas little improvement in safety at sea can be detected in recent years with losses at sea

of lives and of vessels continuing at a high level,

B. whereas, apart from the unacceptable loss of human lives, accidents at sea can cause
immense and long-term damage to the environment and represent a significant waste of
economic resources, both in the loss of ships and cargo and in the salvage and clean-up
operations which they entail,

C. whereas the transport of goods by sea should be encouraged as part of a sustainable transport
policy, relieving congestion and pollution on land,

D. whereas the Community shipping industry has declined in recent years, partly through an

increase in the use of flags of convenience,

E. whereas the increased use of flags of convenience often means a lowering of standards in the
fields of safety and of social protection,

F. whereas the Commission 's proposals for positive measures to aid shipping have not been
carried through by Council, despite the wishes expressed by Parliament, and in particular the
proposed Euros register has not been established,

G. whereas, given the international nature of the shipping industry and of the high seas on which

it operates to a large extent, it is desirable for measures to improve safety at sea to be adopted
and implemented as far as possible at international level,

H. whereas, therefore, the work of the IMO must be supported and encouraged, and the

Community and its Member States should approve and enforce all relevant IMO conven ­
tions and resolutions,

I. whereas, nevertheless, there is a need for action to be taken also at Community level, in
laying down standards for ship construction and in monitoring the condition of ships using
Community ports and enforcing safety and social standards,

1 . Welcomes the Commission communication on 'a common policy for safe seas ', approves
the analysis contained therein, and urges that the action programme be carried out carefully and
speedily ;

(■) OJ C 271, 7.10.1993, p . 1 .

No C 91 / 302 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

2 . Considers that the adoption of the line for specific operations on shipping in the 1994
Budget ( line B2-705 ) is a useful first step in this area but that the action programme contained in
the Commission communication requires a pluriannual financial engagement by the Commun ­
ity ;

3 . Welcomes the Commission proposals for common rules and standards for ship inspection
and survey organizations ( CC)M(93)02 1 8 ) and on the minimum level of training for maritime
occupation ( CC)M(93)0217 ), which it is considering in detail in separate reports ;

4 . Regrets that certain proposals which the Commission stated in its action programme would
be adopted by it in 1993, to wit those on tightening port state control, on convergent application
in the Community of certain IMO resolutions, and on common safety rules for marine
equipment, have still not been referred to Parliament ;

5 . Looks forward to receiving these proposals in the very near future, and urges the
Commission to expedite its work on the other proposals announced in the action programme ;

6 . Notes that the Commission communication makes no reference to pilotage ; calls on the
Commission, possibly in cooperation with the IMO, to propose international criteria for
compulsory pilotage ;

7 . Supports the introduction of a comprehensive Vessel Traffic Management system to
control shipping fairways in European Community waters, particularly for all vessels carrying
oil and hazardous cargoes, and particularly in environmentally and economically sensitive areas ;
remarks that such a system must be devised as an aid to mariners, allowing them to exercise their
seamanship, rather than being a blind, automated system which dictates to them ;

8 . Calls for the creation of compulsory shipping routes in order to prevent the passage of
vessels transporting dangerous and pollutant substances through ecologically sensitive areas ;

9 . Calls, in the light of the recent accidents of the ' Braer ' and the ' Aegean Sea ', for action to be
taken to improve tanker safety standards, taking account of the published findings of the relevant
investigations and inquiries, which would include the installation of dual, fully independent fuel
and auxiliary systems, of emergency systems fore and aft for being taken into tow, of anchoring
systems that can be used in a mains power failure, and a system for safely transferring crew in
perilous conditions from the accommodation area to the forecastle ;

10 . Calls for action to be taken also to improve safety standards of other types of ship and in
particular container ships and bulk carriers ; requests the Commission to present proposals for
this, taking into account the desirability of having containers fitted with tracking devices to make
their identification and recovery easier, and the need to ensure better loading procedures both to
avoid containers being stacked four high and old containers being too heavily laden, and to avoid
older bulk carriers being subjected to undue stress through the use of the most modern loading
techniques ;

1 1 . Calls for the Commission to draw up proposals for such action, to be worked on in close
cooperation with, and subsequently presented to, the IMO ; considers it desirable, in the long
term, for the European Union to itself become a full member of the IMO ; in the shorter term the
Union should itself become a contracting party to the relevant IMO conventions ; calls on the
Council and Member States to urge the adoption of such measures by the IMO but to be prepared,
should there be insufficient progress within that body, to take action at Community level ;

1 2 . Calls on Member States to speed ratification of outstanding IMO Conventions and, where
relevant, press for IMO Resolutions to be incorporated into Conventions so that their application
becomes mandatory ; as a first step, it is necessary to consider whether any of the IMO resolutions
should be made mandatory at Community level for all vessels, whatever their flag ;

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Friday, 11 March 1994

13 . Considers it vital for the improvement of safety at sea for the Community shipping
industry to be strengthened by the adoption of the positive measures for shipping proposed by the
Commission, and urges the Council to adopt them as soon as possible together with the proposal
for the establishment of a Euros register as amended by Parliament in its opinion of 26 October

1990 on maritime transport ('); notes that this Community register will require agreement among
the Member States as to which Member State shall keep the register for the Union ; stresses the
importance of providing this additional alternative to flags of convenience as part of the fight
against substandard ships, and to provide employment for European seamen ;

14 . Stresses that the greatest need in the pursuit of safe seas is for better enforcement of
existing standards which should involve the strengthening of port state control with a
reinforcement of Member States ' inspectorates so as to reduce the number of sub-standard ships
visiting European waters ; calls on the Commission to make proposals for training and
coordination of the work of national inspectorates at Community level and to examine to
possibility of Community funding to ensure that all national inspectorates are able to operate
### with an equally high degree of efficiency ;

15 . Considers that there must be additional and better targeted checks on ships in European
ports and more complete inspection procedures including checks on hull structure using
advanced technologies and methodologies, with ships being regularly detained when repairs
have to be carried out, and asks the Commission also to consider the establishment of a data
information system to be available internationally providing the public with details of
substandard ships detained on a month by month basis, something which could be included in its
announced proposal to establish a list of cases which justify more than others the intensification
of inspections on the grounds of their particular threat to safety or the environment ;

16 . Welcomes the Council Directive establishing minimum reporting requirements on
shippers, ship operators and shipmasters for vessels leaving or bound for Community ports and
carrying dangerous or polluting goods, but urges that this legislation be completed as soon as
possible by the introduction of a full mandatory reporting system giving all Member States ready
access to all relevant information to be filed for all ships using the Community 's exclusive
economic zone ;

17 . Believes that national coastguard services should be strengthened, expanded and consol ­
idated into a single European coastguard service to enable them to undertake fuller monitoring
and control of shipping in coastal waters, and asks the Commission to investigate the possibility
of Community training and coordination for these services and examine the measures necessary
to create a European coastguard service ;

18 . Calls on the Commission to initiate a European involvement in a Navigation Satellite
System in order to enable accurate positioning of vessels operating in the waters of Member
States and monitoring of vessels with dangerous cargoes ;

19 . Believes that the attribution of a high percentage of accidents at sea to ' human error
covers a large number of factors ranging from poor training through inadequate conditions of
health and safety on board, including overlong hours of work and undermanning, to poor
working conditions and inadequate ship maintenance ; calls on the Commission to review
manning levels and rest periods, to ban one-man bridge operation, to investigate the problem of
fatigue including the excessive working of overtime, and to ensure that officers and crew aboard
ship are able to understand fully instructions given using a common language ;

(') OJC 295, 26.11.1990, p . 659 .

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Friday, 11 March 1994

20 . Calls on the Commission to consider the implications of creating a European register for
shipping which, together with established port state control arrangements, would allow the
Community to monitor properly, influence and control ships using EC waters and to ensure
compliance with international maritime conventions ;

2 1 . Considers that the objectives of the common policy on safe seas should be reflected in
Community research programmes ;

22 . Stresses the need for local and regional involvement in the measures adopted under the
action programme ;

23 . Instructs its President to forward this resolution to the Council, the Commission, the
governments of the Member States and the International Maritime Organization .

12 . Road safety

A3-0067 / 94

Resolution on an action programme on road safety

The European Parliament,

— having regard to the communication from the Commission for an action programme on road

safety ( COM(93)0246 ),

— having regard to the motions for resolutions by :

— Ms Mcintosh on the safety performance of cars ( B3-0937 / 93 )

— Mrs Denys on road safety ( B3    - 1676 / 93 )

— Ms Mcintosh on seat belts on coaches ( B3    - 1799 / 93 ),

— having regard to the Council 's conclusions of 29 and 30 November 1993 on road safety,

— having regard to :

— its resolution of 15 June 1987 on 1986 — Road Safety Year : progress and prospects ('),

— its resolution of 12 October 1988 on the protection of pedestrians and the European

charter of pedestrians ' rights ( 2 ),

— its opinion of 23 May 1 989 on the proposal for a Directive on the maximum permitted

blood alcohol concentration for vehicle drivers ( 3 ),

— its opinion of 14 September 1990 on the proposal for a Directive on speed limits for

certain categories of motor vehicles in the Community ( 4 ),

— its resolution of 12 March 1993 on a Community programme for action on road

safety ( 5 ),

and the proposals contained therein,

— having regard to the report by the Group of High-Level Experts for a European road safety

policy ( Gerondeau report ), of February 1991,

— having regard to the final report of the High-Level Group of Government Representatives :

' Priority fields for action and guidelines for a Community road safety programme ', April
1992,

(') OJ C 190, 20.7.1987, p . 18 .
( 2 ) OJ C 290, 14.11.1988, p . 51 .
(■") OJ C 158, 26.6.1989, p . 54 .
( 4 ) OJ C 260, 15.10.1990, p . 224 .
( s ) OJ C 115, 26.4.1993, p . 260 .

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Friday, 11 March 1994

— having regard to Rule 45 of its Rules of Procedure,

— having regard to the report of the Committee on Transport and Tourism and the opinions of

the Committee on Economic and Monetary Affairs and Industrial Policy and the Committee
on the Environment, Public Health and Consumer Protection ( A3-0067 / 94 ),

A. whereas over 50 000 deaths and 1,5 million injunes occur annually on the roads of the EC,
resulting in 0,5 million admissions to hospitals, of which 25% result in invalidity,

B. whereas road accidents are the main cause of death in young people between the ages of
5 and 34,

C. whereas pedestrians and cyclists are often at particular risk on the road because of their lack
of protection,

D. whereas the cost of road accidents is approximately ECU 70 billion annually,

E. whereas road safety must be incorporated as a fully-fledged element of transport policy in
overall policy on mobility,

F. whereas citizens of the EU increasingly use roads in Member States other than their own,
with the result that road safety has assumed increasingly international dimensions,

G. whereas it is not only necessary to draw up new and supplementary regulations, but also

essential to ensure compliance with existing legislation, such as that relating to the use of
seat belts and regulations on driving and rest periods,

H. whereas road safety education designed to teach at an early age sensible behaviour on the
roads is a very effective method of promoting road safety,

I. whereas safety requirements for vehicles and infrastructure should be in line with current
thinking in this field,

1 . Is very pleased that, with the ratification of the Treaty on European Union, road safety
policy has become a fully-fledged element of EC transport policy ;

2 . Notes with appreciation the programme of action on road safety ; nevertheless draws
attention to a number of shortcomings in the programme ;

3 . Welcomes the Council 's conclusions of 29 and 30 November 1993 on the action
programme on road safety where, for the first time, it both adopted an integrated approach and
identified priorities, and expects this shift in the Council 's position to enable it to adopt the
pending and future proposals on road safety ;

4 . Recognizes that the principle of subsidiarity applies in the field of road safety, but considers
that the Community certainly has a role to play with regard to the harmonization of :

— the technical characteristics of cars (a task within the exclusive competence of the

Community, via the internal market ),

— safety aspects of vehicles and infrastructure, including the associated codes of conduct,

— traffic regulations and road signs ;

5 . Believes that the operational character of the action programme should be strengthened ;
believes therefore that deadlines should be set for all points in the action programme, as listed in
Table II, so that all the proposals will be ready by the end of 1995 ; at the end of 1995, the
Commission is to issue an evaluation report indicating the state of play with regard to the action

programme ;

No C 91 / 306 Official Journal of the European Communities 28 . 3 . 94

Fnday, 11 March 1994

6 . Notes with concern that many valuable suggestions from previous reports by the European
Parliament have not yet been implemented by the relevant bodies and once again draws attention
to those reports ;

7 . Is able to approve the seven priority fields for action selected by the Commission, but
considers the following points also to be of major significance ;

Objectives

8 . Notes with satisfaction that some Member States have quantified the road safety policy
objectives with regard to numbers of deaths and injuries ; urges the other Member States likewise
to state the percentages by which they are aiming to reduce the numbers of deaths and injuries on
the roads ; believes that a 20% reduction in the number of deaths on the road by the year 2000 is
the minimum objective ;

9 . Welcomes the Council decision of 30 November 1 993 on the creation of a Community data
base on road accidents (') and expects in the near future a further harmonization in the
classification of accidents and severity of injury at Union level, based on Article 75 of the EC
Treaty ;

10 . Takes the view that greater efforts to promote public transport and the shared use of
vehicles could take many private vehicles off the roads, making a significant contribution to
more effective road safety ;

Research

11 . Believes that greater attention should be focused on road safety in the EC 's research
programmes and that programmes which have been running for some time already, such as Drive
and Euret, should be evaluated urgently in order to ascertain the added value which these
programmes have for the promotion of road safety ; account should also be taken of the results of
research into road safety in the Member States and third countries ; in addition, the research into
road safety referred to in this report should receive greater attention in Annex III, Chapter 6 of the
Fourth Framework Programme of Research ( COM(93)Q276 );

Vehicles and infrastructure

1 2 . Notes that existing legislation in the field of safety requirements for vehicles is often out of
date and bears no relation to current expertise in the field of road safety ; therefore urges the
Commission to produce proposals in keeping with the timetable in Table II ;

13 . Calls on the Commission in so doing to give particular priority to proposals relating to
head-on and lateral collisions and elements on the front of cars which pose a danger to
pedestrians ;

14 . Given the increasingly international character of vehicle regulations, calls for EC quality
requirements to be drawn up for bicycles and important bicycle accessories such as child seats ;

15 . Believes that, when trans-European road networks are constructed, a Community package
of minimum safety requirements should be applied for example to types of road surface, number
of lanes, types of junctions, traffic signals, lighting, anti-skid measures and fog alerts ;

16 . Considers that it is necessary for road safety to be treated as a separate factor when
decisions are taken on major infrastructure projects ; therefore calls for road safety impact reports
to be made compulsory and calls on the Commission to issue a proposal to this effect in 1994 ;

(') OJ L 329, 30.12.93, p . 63 .

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Friday, 11 March 1994

17 . Believes that conditions relating to minimum safety requirements and the requirement for
the responsible authority to carry out a road safety impact report should be attached to the
granting of EC aid for road construction ;

Behaviour

18 . Shares the Commission 's view that road safety instruction constitutes an effective
instrument for improving road safety, especially when given to young people ; therefore believes
that road safety should be a compulsory subject in primary schools ; calls on the Commission to
produce a proposal in this field by 1 July 1994 ;

19 . Considers that some categories of users, such as pedestrians, cyclists and motorcyclists,
are particularly vulnerable and some groups are exposed to particularly high risks in road traffic,
such as young children, teenagers and young drivers ; these users and groups should constitute a
priority for any Union and national action on road safety ; welcomes in this regard the Council
resolution of 16 December 1993 (') to make 1995 the Year of the Young Driver ;

20 . Points out, with the Commission, the universally acknowledged detrimental effect of high
speeds on road safety ; likewise points out the beneficial effect, in terms of numbers of road traffic
accident victims, of speed limits as applied in the USA ; recalls the views it made known earlier
on harmonization of speed limits for the various categories of motor vehicles and urges that a
decision be taken on this matter soon ;

2 1 . Calls on the Commission to make a social cost-benefit analysis of the effect of introducing
speed limiting devices for all categories of motor vehicle ;

22 . Calls for experiments to be carried out in various Member States in 1994 on banning
overtaking by lorries on four-lane motorways, to be followed up by an evaluation of these
experiments and possible policy proposals, no later than in 1995 ;

23 . Is shocked by the fact that in some Member States 40% of all deaths on the road are linked
to the consumption of alcohol ; recalls that, since 1989, there has been a proposal — which
received a favourable opinion from Parliament ( see abovementioned opinion of 23 May 1989 ) —
for the introduction throughout the Community of a maximum permitted blood alcohol level of
0,5 mg / ml ; urges the Council quickly to come to a decision on this issue ; is of the opinion that
countries which apply a legal limit lower than 0,5 mg / ml should be able to retain that lower limit ;

24 . Considers that it is becoming increasingly necessary to ensure that drivers are given
precise information concerning the risks of taking certain medicines or drugs, the danger of
which has become sufficiently clear ;

25 . Considers that partial responsibility should be imputed to insurance companies which
provide cover in the areas of accident, life, sickness and invalidity insurance so that they
contribute to better road safety by penalizing policy holders who are convicted of dangerous
driving under the influence of alcohol ;

26 . Advocates a European approach to the penalty points driving licence and recommends the
Commission to set up a working party soon to investigate the scope for a European approach and
to issue a report by July 1994 ;

27 . Believes that driving schools can make a greater contribution to road safety by providing
high-quality training and therefore calls for a separate Directive to be drawn up on the admission
of driving schools to the market which places stringent quality requirements on driving schools
and makes it compulsory for driving schools regularly to publish the examination results
achieved by their pupils ;

(') OJ C 351, 30.12.1993, p . 1 .

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Friday, 11 March 1994

28 . Recalls the ECMT resolution No 56 of 22 November 1989 on advertising and road safety
and urges that this resolution be implemented within the EC and therefore that covenants be
drawn up with all the parties concerned stipulating that advertisements may no longer contain
any statements liable to have a negative impact on road safety ;

                                

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

### 13 . All-European transport policy

A3-0066 / 94

Resolution on further steps towards an all-European transport policy — measures following the

first European Transport Conference ( Prague, 29 to 31 October 1991 )

The European Parliament,

— having regard to the motion for a resolution by Mrs Van Dijk and others on further steps

towards an all-European transport policy (B 3-0624 / 92 ),

— having regard to the motion for a resolution by Miss Mcintosh on transport links between

Poland and the European Community ( B3-0475 / 93 ),

— having regard to the measures adopted by the European Community with a view to achieving

its internal transport market and to the all-European legally binding instruments concerning
transport infrastructures, vehicles and operations, border crossing facilitation and other
transport issues which exist in particular within the framework of the European Conference
of Ministers of Transport and the UN Economic Commission for Europe,

— having regard to the Prague Declaration on an all-European transport policy adopted by the

first European Transport Conference on 31 October 1991 ('),

— having regard to its resolution of 12 June 1992 on action to be taken in respect of an

all-European transport policy ( 2 ),

— having regard to its resolution of 9 February 1993 ( 3 ) on further steps towards an

all-European transport policy — measures following the first European Transport Confer ­
ence ( Prague, 29 to 31 October 1991 ) as the basis for the Second Pan-European Transport
Conference, which is to be held from 14 to 16 March 1994 on Crete,

— having regard to the outcome of the regional conferences which have taken place since the

first European Transport Conference :

— the Baltic Conference in Stettin, Poland, 17 / 18 March 1993,

— the Barents Sea Conference in Alta, Norway, 8 September 1993,

— the Central Europe Conference in Sopron, Hungary, 23 / 24 September 1993,

(■) The text of this declaration is given as Annex I to report A3-0066 / 94 .
e ) OJC 176, 13.7.1992, p. 257 .
o OJ C 72, 15.3.1993, p . 51 .

28 . 3 . 94 Official Journal of the European Communities No C 91 / 309

Friday, 11 March 1994

— the South-Eastern Europe Conference in Constanza, Romania, 30 September —

1 October 1993, and

— the Mediterranean Conference in Trieste, Italy, 9 / 10 December 1993,

— having regard to the outcome of the work of the Steering Committee of the Pan-European

Transport Conference,

               - — having regard to Rule 45 of its Rules of Procedure,

— having regard to the report of the Committee on Transport and Tourism ( A3-0066 / 94 ),

A. whereas the first European Transport Conference provided substantial political impetus for

achieving tangible improvements in cooperation in the field of transport policy between the
European Community, intergovernmental organizations active in this field and the countries
of Europe ; whereas it also demonstrated to politicians at large the European Parliament 's
claim to be involved in shaping the Community 's external relations in the transport field,

B. whereas the Prague Declaration marks a first all-European consensus on principles for
transport policy ; whereas further steps are necessary in order to implement these principles,

C. whereas the results of the Prague Conference have been taken further and enlarged upon in
numerous regional and specialized conferences,

D. whereas, for political and institutional reasons, there can be no agreement which is binding in

international law at present ; whereas an agreed package of transport policy principles
containing tangible policy precepts which can be implemented straightaway and accepted as
a political undertaking by all supranational and international organizations active in the
transport field and by the relevant ministers of all European states, would bring about further
practical progress,

1 . Stands expressly by the objectives set out in the Prague Declaration and the instruments
proposed as a basis for further progress towards an all-European transport policy ;

2 . Welcomes the . holding of the regional interim conferences ;

3 . Regrets that it was not suitably involved in a series of regional conferences which followed
the Prague Conference and calls on the Commission to take appropriate steps to ensure that, in
future, the Union 's Parliament is suitably represented ;

4 . Notes with satisfaction that the basic ideas and principles behind the Prague Declaration are
adapted to the regions concerned, and enlarged upon, in the texts drawn up at these regional
interim conferences ;

5 . Notes with interest the many tangible results of these regional interim conferences and
emphasizes that it expects the national parliaments and governments genuinely to give priority to
the planning, financing and implementation of the transport programmes ; rates particularly
highly the approaches taken to the following specific initiatives and proposals, which may
broaden and round off the all-European dimension of the Union 's initiatives in the field of
trans-European networks :

— the intended drafting of a plan for all-European transport corridors in south-east Europe ('),

— the setting up of working parties involving the Baltic states — under the direction of Poland,

Sweden and Finland — on infrastructure, transport and the environment, and road safety ( 2 ),

— the aim of making available 15% of Phare funding in order to support specific infrastructure

measures of all-European interest ('),

(') Summary by the Chairman of the Conference of Ministers of Transport of South-Eastern Europe, Constanza,
30 September to 1 October 1993 .
( 2 ) Decision of the Baltic Conference in Stettin, 17 / 18 March 1993 .

No C 91 / 310 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

— the designation of the East-West corridors

Murmansk — Nikkei — Boris Gleb / Storkog — Kirkenes and
Murmansk / Archangel — Kandalaksha — Galla — Happaranda — Narvik
and the North-South corridor
Ivalo — Nikkel / Pechenga — Kirkenes
as routes of priority interest to the states involved and their neighbours (');

— the start of negotiations between Norwegian and Russian authorities on cooperation in radio

navigation (');

— the setting up of a Transport and Communications Committee under the regional council in

which the states of Northern Europe and the Russian Federation cooperate (');

— the launch by research institutes in Norway, Japan and the Russian Federation of the

multidisciplinary and multilateral five-year Insrop ( 2 ) on 1 June 1993 (');

— support for the rail links

Narvik — Happaranda — St. Petersburg and
the Kostomuksha railway line (');

— the development of the rail link

Tallinn — Riga — Kaunas — Sestokai — Suwalki — Warsaw ( 3 );

— the preparation of the following corridors by the Transport Group of the Central European

Initiative ( formerly the Hexagon Initiative ) ( 4 )
Trieste — Ljubljana — Zagreb — Budapest — Russia
Vienna — Budapest — Belgrade
Vienna — Tarvisio — Trieste — Venice

Linz — Graz — Zagreb — Adnatic
Prague — Budapest — Zagreb — Rieka and
Verona — Innsbruck — Munich — Prague ( 5 );

6 . Points out in particular that, at the Mediterranean Conference in Trieste of 9 / 10 December
1993, the countries of North Africa and the Middle East were for the first time successfully
incorporated into the debate on the development of Europe and the entire Mediterranean region
in terms of transport policy ;

7 . Supports the call by the Mediterranean Conference for long-term cooperation between the
Mediterranean states in the field of transport on the basis of free trade ( 6 );

8 . Notes with satisfaction that under the direction of the European Parliament and the
Commission, and in coordination with the supranational and international institutions and bodies
involved, the basis has again been successfully established for the holding of the Second
Pan-European Transport Conference, in accordance with its above-mentioned resolution of
9 February 1993, in Greece ;

9 . Notes with satisfaction that the Steering Committee of the Pan-European Transport
Conference has carried out the necessary groundwork, enabling the Presidents of the European
Parliament and the Commission to issue the invitations to the Second European Transport
Conference in November 1993, and voices its endorsement of the draft agenda ;

(') Declaration by the Ministers for Transport and Communications in the Barents Sea region, Alta, 8 September 1993 .
( 2 ) International Northern Sea Route Programme .
( 3 ) Declaration by the Transport Ministers of Estonia, Lithuania and Latvia on 30 July 1993 at a regular meeting — agreed
at the Baltic Conference ( 17 / 18 March 1993 ) — between those ministers and representatives of the EC, the EBRD, the
EIB and the World Bank .
( 4 ) Italy, the former Yugoslavia, Austria, Hungary, the Czech Republic, Slovakia and Poland, plus the other Eastern
European states as observers .
( 5 ) Working document at the Mediterranean Conference, Trieste, 9 / 10 December 1993 .
( 6 ) Conclusions of the Presidency of the Mediterranean Conference in Trieste, 9 / 10 December 1993 .

28 . 3 . 94 Official Journal of the European Communities No C 91 / 311

Friday, 11 March 1994

10 . Notes with satisfaction that the draft declaration prepared by the Steering Committee to
wind up the Second Pan-European Transport Conference (') has been drawn up on the basis of
the points for consideration contained in its above-mentioned resolution of 9 February 1993 ;

11 . Is confident that this draft constitutes a good basis for the Conference 's deliberations and
authorizes its President or his representatives to endorse, in principle, on the European
Parliament 's behalf, a declaration by the Second Pan-European Transport Conference in Crete
which is drawn up on that basis ;

12 . Voices its hope that the Second Pan-European Transport Conference to be held from 14 to
16 March 1994 on Crete will take a major step towards turning the concept of an all-European
transport policy into reality and hence will constitute a major component of a Europe       - wide order
sought by the European Parliament in its resolution of 20 January 1993 on the structure and
strategy for the European Union with regard to its enlargement and the creation of a Europe-wide
order ( 2 );

13 . Instructs its President to forward this resolution to the Council, the Commission, the
Economic and Social Committee, the European Conference of Ministers of Transport, the
European Civil Aviation Conference and the United Nations Economic Commission for Europe .

(') The text of this declaration is reproduced as Annex II to report A3-0066 / 94 .
( 2 ) OJC 42, 15.2.1993, p. 124 .

14 . Intra-Community transport networks

A3-0017 / 94

Resolution on freedom of movement within intra-Community transport networks

The European Parliament

— having regard to the motions for resolutions by :

( a ) Mr Wijsenbeek on the border blockade between France and Spain and the difficulties

regarding transit through the Alps ( B3          - 1955 / 90 ),

( b ) Mr Romera i Alcazar on the crisis in the Spanish road haulage sector ( B3              - 1970 / 90 ),

( c ) Mr Sapena Granell and Mr Coimbra Martins on freedom of movement on major

intra-community highways ( B3          - 1553 / 92 ),

— having regard to Article 7a of the EC Treaty,

— having regard to its resolutions of 9 July 1992 on the consequences of the road blockades in

France (') and 15 July 1993 on the serious incidents which have occurred in the south of
France ( 2 ),

— having regard to Rule 45 of its Rules of Procedure,

— having regard to the report of the Committee on Transport and Tourism ( A3   - 17 / 94 ),

A. whereas attacks on vehicles and goods — usually agricultural goods — by interests that are

very much in the minority, as a form of protest against the effects of free movement within
the Community, are becoming more and more frequent,

(') OJ C 241, 21.9.1992, p . 171 .
( 2 ) OJC 255, 20.9.1993, p . 158 .

No C 91 / 312 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

B. whereas such actions are normally violent, involving the destruction of goods and the
intimidation of individuals because of their place of origin,

C. whereas such acts of vandalism represent an outright attack on one of the four freedoms on
which implementation of the Single Market is based, i.e., the free movement of goods,

D. whereas the European transport sector is already suffering from enough problems relating to

its development without having to act as a scapegoat for commercial conflicts of interest
produced by the abolition of internal borders,

E. whereas the relationship between freedom of movement, the common transport policy and
the internal market cannot be questioned, as is clear from the literal meaning of Article 7a of
the EC Treaty, since freedom of movement cannot be ensured within the Community unless
a system of transport, unimpeded by unjustified and discriminatory attacks, is guaranteed in
advance,

F. whereas in some countries the general public and road hauliers and producers, in particular,
are becoming increasingly angry at what they consider to be the impunity boasted of by the
aggressors in various Member States,

G. whereas in such circumstances the scale which such events may attain brings the risk of a

spiral of reprisals that are unacceptable so far as implementation of the internal market is
concerned and whereas this question has major repercussions for the European Union as a
whole,

1 . Calls on Member States affected by incidents of this kind to guarantee the free movement of
goods within their territories in accordance with the provisions of the Treaties regarding the four
freedoms ;

2 . Requests the governments of the European Union, in accordance with their internal
constitutions which are, in any case, the guarantors of democratic rights and basic freedoms,
actively to combat the feeling of impunity which usually accompanies such acts by adopting the
required preventative measures ;

3 . Maintains that the economic losses caused by such acts require urgent and adequate
compensation ;

4 . Calls on the Commission :

( a ) on the basis of Article 169 of the EC Treaty in particular, to urge Member States to comply in

the strictest manner with the obligations incumbent upon them with regard to freedom of
movement under Article 7a of the EC Treaty, which deals with the actual establishment of
the internal market ;

( b ) on the basis of Article 6 of the EC Treaty, to bring proceedings where there is any

discrimination on grounds of nationality, bearing in mind that, in cases of this kind,
discrimination takes place, in fact, by omission in that the national authorities do not act
quickly enough when vehicles and / or goods of foreign origin are attacked ;

( c ) to propose a new Community measure to provide adequate compensation to offset the direct

losses suffered by the victims of such discriminatory attacks ; such a compensatory
mechanism should be funded by the Community, the Member States and insurance
companies ;

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

28 . 3 . 94 Official Journal of the European Communities No C 91 / 313

Friday, 11 March 1994

### 15 . Negotiations with Swiss Confederation on road and air transport

A3-0136 / 94

Resolution on the recommendation for a Council decision on the opening of negotiations between

the European Community and the Swiss Confederation on road and air transport

The European Parliament,

— having regard to its resolution of 24 February 1994 concerning the opening of negotiations

between the European Community and the Swiss Confederation on road and air transport ('),
which included its opinion on the procedures to be followed in giving the Commission the
negotiating brief,

— having regard to the Commission recommendation for a Council decision on the opening of

negotiations between the European Community and the Swiss Confederation on road and air
transport,

— having regard to the Agreement between the European Economic Community and the Swiss

Confederation on the carriage of goods by road and rail ( 2 ) and to the Administrative
Arrangement concerning the application of the overflow system laid down in that
Agreement ( 3 ), which entered into force on 22 January 1993 ( 4 ),

— having regard to the referendum held in Switzerland on 20 February 1994 on the people 's

initiative for the protection of the Alpine region against transit traffic,

— having regard to its opinion delivered on 30 October 1 992 on the above Agreement ( 5 ); and to

its resolutions of 16 November 1988 on the Community 's relations with certain third
countries in the transport sector ( 6 ); 12 June 1991 on the danger to the natural and
semi-natural habitats in the Alps ( EC and EFT A countries ) posed by the steady increase in
summer and winter tourism in these areas ( 7 ); 10 July 1991 on relations between the
European Community and the members of EFT A in the transport sector ( 8 ); 18 September

1992 on the Green Paper on the impact of transport on the environment : a Community
strategy for ' sustainable mobility ' ( 9 ); 16 November 1993 on air transport relations with third
countries ( l0 ); 27 May 1993 on the White Paper on the future development of the common
transport policy ( n ); and 18 January 1994 on the future development of the common
transport policy ( 12 ),

— having regard to the Agreement establishing the European Economic Area ( EEA ), signed in

Oporto on 2 June 1992,

— having regard to the Commission communication on future relations with Switzerland

( COM(93)0486 ) and to the conclusions issued by the Council of the European Union on

10 November 1993 concerning that document ( 9830 / 93 AELE 73 ),

— having regard to Rule 90(2 ) of the Rules of Procedure,

— having regard to the report of the Committee on Transport and Tourism ( A3-0 136 / 94 ),

(') Minutes of that sitting, Part II, Item 2 .
( 2 ) OJ L 373, 21.12.1992, p . 26 .
(?) OJ L 47, 25.2.1993, p . 42 .
( 4 ) OJL33, 9.2.1993, p . 17 .
( 5 ) OJ C 305, 23 . 1 1 . 1992, p . 606 .
( 6 ) OJ C 326, 19.12.1988, p . 57 .
( 7 ) OJ C 183, 15.7.1991, p . 112 .
( 8 ) OJ C 240, 16.9.1991, p . 138 .
( 9 ) OJC 176, 28.6.1993, p . 164 .
( I0 ) Minutes of that sitting, Part II, Item 9 .
(") OJ C 284, 2.11.1992, p. 164 .
( I2 ) Minutes of that sitting, Part II, Item 9 .

No C 91 / 314 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

A. whereas the transport Agreement in force between the EC and Switzerland relates solely to

transit traffic and does not cover air transport, road transport from the territory of one Party to
the territory of the other, or matters connected with market access and technical and social
harmonization,

B. having regard to the situation brought about in Switzerland by the referendum of 6 December

1992, which produced a majority in favour of rejection of the EEA Agreement, of which the
Transit Agreement was intended to form a significant additional part,

C. whereas Annex 8 to the Agreement in force stipulates that should the EEA fail to come into
being, the Community and Switzerland are to open negotiations with a view to granting
reciprocal access to road transport markets and whereas a joint declaration recorded in the
minutes points to the importance of liberalizing the air transport sector,

D. whereas the Council has pointed to the need for relations between the EC and Switzerland to

be pursued in key areas such as transport, free movement of persons, research, access to the
market in agricultural commodities, technical barriers to trade, access to public works
contracts, and so forth,

E. whereas it is appropriate that the negotiations, while still being held at the same time, should
not reciprocally influence the contents of the other negotiations in the various sectors,

F. whereas any agreement with Switzerland in the transport sector will in all probability be put
to the vote in a referendum and thus constitutes a fundamentally political issue entailing
implications for Switzerland 's future accession to the EC,

G. whereas remedies to the environmental problems posed by transport in the Alpine region are

to be achieved inter alia by restoring a more even balance between the different modes,

H. having regard to the detrimental effect of Swiss transport policy on transit traffic with nearly

90% of goods carried in transit being transferred to rail as a result of the 28-tonne limit, and
whereas this situation can only worsen following the referendum of 20 February 1994 and
will encourage more traffic to be diverted via Austria,

I. whereas, however, any limits imposed on transit traffic must be of a non-discriminatory
nature and must not be intended to undermine the principle of free movement supported by
the Community,

J. whereas the result of the Swiss referendum on the people 's initiative for the protection of the
Alpine region calls into question if not the letter, then the spirit, of the EC-Switzerland transit
agreement currently in force ; whereas it will therefore be necessary to consider the outcome
of the study to be submitted shortly by the Commission to the Council and Parliament,

K. whereas the Council has temporarily suspended the analysis of the negotiating draft in the
road and air transport sector following the results of the referendum,

L. whereas the establishment of European airspace, regulated in accordance with fair
competition, is the goal which the future sector agreement with Switzerland must seek to
attain,

M. whereas, finally, transport, since it constitutes a service, must be dealt with under the

common transport policy pursued in relation to third countries and not under the heading of
common commercial policy,

1 . Believes that the Council should give the Commission a brief to negotiate an air and road
transport agreement with the Swiss Confederation and hopes that such a brief will be given in the
near future ;

2 . Takes the view that, given the specific nature of the legal basis for the negotiations with the
Swiss Confederation contained in the transit agreements, the contents of this area of negotiation
should not be affected by the negotiations concerning other sectors ;

28 . 3 . 94 Official Journal of the European Communities No C 91 / 315

Friday, 11 March 1994

3 . Calls on the Council to take account of Parliament 's views in this resolution when giving a
negotiating brief to the Commission ;

4 . Considers, however, that if such a brief is to be given to conduct external negotiations, the
European institutions will need to work in close cooperation, in accordance with the Luns ­
Westerterp procedure and Article 228 of the EC Treaty ;

5 . Reiterates the view expressed in its abovementioned opinion of 30 October 1992, its
abovementioned resolution of 18 September 1992 and its opinion of 25 June 1993 on the
agreement between the EEC and Slovenia in the field of transport ('), namely that the EC is
bound by the Transit Agreement with Switzerland both as regards duration and as regards the
substance ( contracts are to be kept ) and points out that the transit agreements facilitate traffic,
bearing in mind the need to modernize transport infrastructure, combined transport and
environmental factors ;

6 . Believes that the Union, Austria and Switzerland must in future find a joint approach to
solving the problems of Alpine transit ;

7 . Takes the view that it must be clearly understood in Switzerland that, following the result of
the Swiss referendum on the people 's initiative for the protection of the Alpine region, new ideas
must also be put forward on domestic heavy goods transport and trans      - Alpine traffic originating
in Switzerland ;

Road transport

8 . Believes that the agreement on road transport should relate to the acquis communautaire as
a whole, including cabotage and the harmonization of vehicle weights and sizes, so as to ensure
that road transport operates more efficiently and in an environmentally sustainable way ;

9 . Takes the view, consequently, that in the EU, non-discriminatory traffic and emission limits
need to be studied and should apply throughout the Alpine region and in other ecologically
sensitive areas ;

10 . Calls on the Commission to develop manageable criteria for the ' sensitive-area notion ' as
well as concrete measures to be taken ;

1 1 . Believes that in addition to any liberalization agreement along the lines set out above,
further steps should be taken with a view to restoring balance between the different modes, a
process already begun under the existing Transit Agreement ;

12 . Is of the opinion, moreover, that the scope of liberalization should also extend to the
transport operations undertaken by Community carriers on routes between Switzerland and the
EE A countries ;

Air transport

13 . Notes with satisfaction that the negotiations are to focus on the incorporation of all the
Community provisions currently in force — including the third air transport liberalization
package and the rules on state aids and competition — and the fifth-freedom rights to be granted
by Switzerland to Community carriers in respect of services between Switzerland and the other
EFT A countries ;

14 . Considers that it will be necessary to devise the institutional machinery required for the
enforcement of Community law, following the ' single pillar ' example adopted for the purposes
of the Norway-Sweden Air Agreement, albeit making the adjustments appropriate to the
particular circumstances ;

15 . Considers that, in any case, the European Union must safeguard during the negotiations
the principles of reciprocity, the elimination of any discrimination, the avoidance of unilateral
measures and the recognition of the freedom of users to choose their preferred form of transport ;

(') OJC 194, 19.7.1993, p . 356 .

NoC 91 / 316 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

                                

                              -                              

16 . Instructs its President to forward this resolution to the Commission, the Council, the
Economic and Social Committee and the governments of the Member States and of the Swiss
Confederation .

16 . Passport checks by certain airlines

A3-0081 / 94

Resolution on the incompatibility of passport checks carried out by certain airlines with

Article 7a of the EC Treaty

The European Parliament,

— having regard to the Articles 3(c ), 7a, and 100a of the EC Treaty,

— having regard to Article 8a of the EC Treaty,

— having regard to the Universal Declaration of Human Rights of 10 December 1948, in

particular Article 14 : ' Everyone has a right to seek and to enjoy in other countries asylum
from persecution ',

— having regard to the European Convention for the Protection of Human Rights and

Fundamental Freedoms, including Protocol No 4,

— having regard to the Geneva Convention relating to the Status of Refugees 1951 and the

additional protocol of New York of 1967, which have been ratified by all the Member States,

— having regard to Annex 9 of 1944 Chicago Convention on International Aviation, under

which no sanctions may be imposed on airlines, except in cases of serious negligence which
constitutes assisting illegal immigration,

— having regard to the Schengen Agreement and Convention, the draft External Frontiers

Convention and the Dublin Convention on the State responsible for the examination of an
asylum application ('),

— having regard to its various previous resolutions on the free movement of persons within the

European Community, the Schengen Convention, the External Frontiers draft Convention
and the Dublin Convention,

— having regard to Rule 148 of its Rules of Procedure,

— having regard to its resolution of 19 November 1992 on the abolition of controls at internal

borders and the free movement of persons within the European Community ( 2 ),

— having regard to the White Paper of the Commission to the European Council on completing

the internal market ( COM(85)0310 ) of 14 June 1985, which made provision for a series of
proposals for Directives on freedom of movement,

— having regard to the Commission communication to the Council and to the Parliament on

abolition of internal border controls ( SEC(92)0877 ),

— having regard to the report of the Committee on Legal Affairs and Citizens ' Rights

( A3-0081 / 94 ),

(') EC Bulletin 1990 — 6, p . 155 .
( 2 ) OJ C 337, 21.12.1992, p . 211 .

28 . 3 . 94 Official Journal of the European Communities No C 91 / 317

Friday, 11 March 1994

A. Whereas free movement of persons throughout the Community and now the Union should

have been achieved by 31 December 1992, but was not because of the failure of the
Commission to submit appropriate legislative proposals and the non-fulfilment by Member
States of the preconditions cited in the Conclusions of the Presidency of the Edinburgh
European Council :

— completion of the ratification process of the Dublin Asylum Convention ;

— conclusion of the External Frontiers Convention ;

— completion of negotiations on a Convention on the European Information System ;

B. whereas carriers providing services to and from Member States, such as the UK, France and
Italy are obliged ( by virtue of carriers ' liability legislation and associated penalties ) to carry
out double passport controls on the travel documents of passengers travelling to and from
those Member States,

C. whereas carriers who transport passengers to those Member States who are not in possession
of the requisite travel documents risk incurring substantial fines in respect of all such

passengers,

D. whereas the Schengen Convention also requires the nine signatory Member States to

introduce carriers ' liability legislation for air, sea and coach travel, with penalties on carriers
who transport third-country nationals who do not possess the necessary travel documents,

E. whereas carriers should not be put in a position of deciding who may exercise the right of
free movement, and of applying for asylum, under the various Treaties and Conventions,

F. whereas the exercise of these rights should be a matter for the competent authorities of the
Member States only,

G. whereas passport checks by carriers related to carriers ' liability legislation must be
distinguished from identity checks related to security, which should in principle be the same
for travel within each Member State as to elsewhere in the Union,

H. whereas the adoption of conventions at inter-governmental level cannot be relied upon to

either achieve the free circulation of persons or the respect of their human rights,

1 . Calls upon the Commission to introduce legislation to achieve the free circulation of
persons as soon as possible ;

2 . Calls upon the Commission to examine carriers ' liability legislation and the associated
penalties, such as those in the United Kingdom and in the Schengen signatory States to see if they
are in breach of any existing Community legislation in so far as they relate to travel within the
Union ;

3 . In accordance with the spirit and objectives of the Treaties establishing the European
Communities, urges those Member States which have adopted legislation on carriers ' liability to
repeal such legislation ;

4 . Urges Member States to specify that identity checks related to security should be same for
domestic travel as for travel to elsewhere in the Union ;

5 . Urges airlines to cease, as a minimum contribution to the free movement of persons,
carrying out double checks ;

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

!

No C 91 / 318 Official Journal of the European Communities 28.3.94

Friday, 11 March 1994

17 . Community contribution to Nuclear Safety Account     

A3-0127 / 94

Proposal for a Council decision on the conclusion of an Agreement, in the form of exchanges of
letters, with the European Bank for Reconstruction and Development on the contribution of the
European Economic Community to the Nuclear Safety Account ( COM(93)0515 ) — C3-0482 / 93 )

The proposal was approved with the following amendments :

TEXT PROPOSED TEXT AMENDED

BY THE COMMISSION BY PARLIAMENT

( Amendment 1 )

Recital 1

Whereas the precarious situation in the field of nuclear
safety in several countries of Central and Eastern Europe
and of the former Soviet Union requires international
efforts in order to enhance the level of nuclear safety in
these countries ; whereas the Community, through its
technical assistance programs Phare and Tacis, devotes
considerable means to this end,

Whereas the precanous situation in the field of nuclear
safety in several countries of Central and Eastern Europe
and of the former Soviet Union requires international
efforts in order to enhance the level of nuclear safety in
these countries as part of a coordinated strategy ; whereas
the Community, through its technical assistance pro ­
grammes Phare and Tacis, devotes considerable means to
this end ; whereas the Commission has also submitted a
proposal for a decision amending Decision 77 / 270 / Eura ­
tom, to authorize the Commission to contract Euratom
borrowings in order to contribute to the financing
required for improving the degree of efficiency and safety
of nuclear power stations in certain non-Member coun ­
tries ( COM(92)467 ),

( Amendment 2 )

Recital 2a ( new )

Whereas the Commission must make sure that the
operations carried out under the Nuclear Safety Account
of the European Bank for Reconstruction and Develop ­
ment are coordinated with the European Union 's nuclear
safety strategy for the countries of Central and Eastern
Europe and of the former Soviet Union,

( Amendment 3 )

Recital 2b ( new )

Whereas, in order to determine the most suitable aid
strategies, nuclear safety has to be seen as part of the
problem of the overall energy options of central and
eastern Europe and the CIS, and having regard in this
context to the conclusions of the report drawn up jointly
in June 1993 by the World Bank, the International
Energy Agency and the European Bank for Reconstruc ­
tion and Development,

28 . 3 . 94 Official Journal of the European Communities No C 91 / 319

Friday, 11 March 1994

TEXT PROPOSED

BY THE COMMISSION

TEXT AMENDED

BY PARLIAMENT

( Amendment 4 )

Recital 2c ( new )

Whereas recipient countries must respect the principal
international safety agreements, subscribe to the Vienna
and Paris international conventions on the civil liability
of operators and, to this end, establish appropriate rules
governing insurance,

( Amendment 5 )

Recital 2d ( new )

Whereas recipient countries must have independent safe ­
ty authorities, be planning to replace their most unsafe
nuclear power stations, draw up energy-saving measures,
intend to phase in genuine energy pricing and have an
overall energy programme in preparation,

( Amendment 6 )

Recital 2e ( new )

Whereas therefore any material assistance, considered a
necessity in the short term, for the most dangerous power
stations — mainly those with RBMK and VVER-230
reactors, where they are essential to electricity genera ­
tion in the recipient country, must always be conditional
on the existence or the preparation of a plan for the early
shut-down of those power stations,

( Amendment 7 )

Recital 2f ( new )

Whereas the Commission, as part of the budgetary
procedure, will draw up an annual report to Parliament
and the Council on the operations carried out under the
European Bank for Reconstruction and Development 's
Nuclear Safety Account and their compatibility with the
European Union 's nuclear safety strategy ;

No C 91 / 320 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

Legislative resolution embodying the opinion of the European Parliament on the proposal for a
Council decision on the conclusion of an Agreement, in the form of exchanges of letters, with the
European Bank for Reconstruction and Development on the contribution of the European

Economic Community to the Nuclear Safety Account ( C()M(93)0515 — C3-0482 / 93 )

( Consultation procedure )

The European Parliament,

— having regard to the Commission proposal to the Council ( CC)M(93)0515 ),

— having been consulted by the Council pursuant to Article 235 of the EC Treaty ( C3 ­

0482 / 93 ),

— having regard to the report of the Committee on Energy, Research and Technology and the

opinions of the Committee on External Economic Relations and the Committee on Budgets
( A3-0 127 / 94 ),

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

2 . Calls on the Commission to amend its proposal pursuant to Article 189a(2 ) of the EC
Treaty ;

3 . Calls on the Council to notify it 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 .

18 . Structural policies

( a ) A3-0096 / 94

Resolution on information and publicity measures to be carried out by the Member States
concerning assistance from the Structural Funds and the Financial Instrument for Fisheries

Guidance ( FIFG )

The European Parliament,

— having regard to Article 32 of Regulation ( EEC ) 2082 / 93 on coordination of the activities of

the Structural Funds ('), hereinafter referred to as the ' coordination regulation ',

— having regard to paragraph 5 of the Commission 's declaration on a code of conduct for the

implementation of structural policies ( 2 ),

— having regard to the Interinstitutional Declaration of 25 October 1993 and its resolution of

17 November 1993 on democracy, transparency and subsidiarity ( 3 ),

— having regard to the draft Commission decision concerning information and publicity

measures to be carried out by the Member States concerning assistance from the Structural
Funds and the Financial Instrument for Fisheries Guidance ( FIFG ) ( C3-0031 / 94 ),

— having regard to the report of the Committee on Regional Policy, Regional Planning and

Relations with Regional and Local Authorities ( A3-0096 / 94 ),

(') OJ L 193, 31.7.1993, p . 20 .
( 2 ) OJC 255, 20.9.1993 .
( 3 ) Minutes of that Sitting, Part II, Item 5 .

28 . 3 . 94 Official Journal of the European Communities No C 91 / 321

Friday, 11 March 1994

A. whereas in its draft the Commission sets the objective of promoting greater awareness and

transparency in Community actions and defines the sphere of activity as including the
Community support frameworks and operational programmes, without however referring to
the provisions of Article 32 ( 1 ) of the coordination regulation concerning the publicity to be
given to development plans by the Member States ; whereas publicity of this kind is thus left
to the discretion of the Member States,

B. whereas transparency in the actions of the Community and the Member States with regard to
the Structural Funds is vital in order to :

( a ) encourage wider use of Community assistance and improve its effectiveness through the

involvement of local authorities and social forces in line with the principle of
partnership ;

( b ) help strengthen public support for the process of building Europe,

( c ) help foster a discerning attitude and vigilance among the public at large,

C. whereas the text of the coordination regulation, as proposed by the Commission, provided
for the Member States to be responsible for the publicity to be given to development plans
before they were submitted for consideration to the Commission,

D. whereas Parliament, in adopting a number of amendments improving the text at first reading,

stressed the need to enhance the timeliness and effectiveness of information on the plans,
support frameworks and operational programmes, so as to enable those concerned to play an
active role,

1 . Notes that the Commission ' s draft fails to take account of Parliament ' s position and focuses
on simple publicity rather than information, and on retrospective information rather than the
information that should accompany the planning and implementation of fund assistance right
from the stage when development plans are drawn up ;

2 . Is convinced that, in drawing up the support frameworks, which, it must be remembered,
are established on the basis of development plans and in accordance with the principle of
partnership, proper and timely information concerning the outline for the development plans is
vital, particularly when they also include proposals for assistance for operational plans and the
Commission is required to adopt a single decision ;

3 . Considers that the notification procedure provided for in the Interinstitutional Declaration
on democracy, transparency and subsidiarity should enable the Commission to take the initiative
in implementing the provisions of Article 32(1 ) of the coordination regulation by publishing in
the Official Journal a brief summary of the Community support framework it intends to adopt,
together with an outline of the development plan on which the framework is based ;

4 . Considers it essential to intensify the measures designed to ensure the dissemination of
information about the procedures and administrative requirements to be met by potential public
and private recipients of Structural Fund assistance with regard to the bodies responsible at
different levels ; believes, therefore, that a more direct relationship between Commission officials
and regional and local authorities should be fostered and encouraged, for example by holding
seminars and information meetings at the Commission and in the various regional and local
entities ;

5 . Considers that information on Community action should cover not only assistance from the
Structural Funds included in the Community support frameworks, but also Community
initiatives and programmes and policies which can or do contribute to the objective of economic
and social cohesion ; efforts should accordingly be made to encourage the setting up of genuine
information networks on a regional basis concerning all instruments and policies which are, or
may be, used in the field of economic and social cohesion, including the Structural Funds, the
Cohesion Fund, Community initiatives, aid to SMEs, the Edinburgh facility, EIB and ECSC

No C 91 / 322 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

loans, European investment funds, structural policies and programmes ; these information
networks on economic and social cohesion could draw on the experience gained by the Euro Info
Centres, but should also be aimed particularly at regional and local authorities and social forces
and act as a source of information for the mass media ;

6 . Is convinced that the Committee of the Regions can play an important role in putting
together an information strategy designed to encourage participation by local and regional
authorities and social forces in the management of the Structural Funds and regional and
cohesion policies in general ; the Committee should be equipped with the necessary structures
and should serve as the main focal point for information coming from the Community
institutions and Member States and as one of the main channels of information for regions and
local bodies and the mass media ;

7 . Calls for the necessary steps to be taken to enable the Committee of the Regions, regional
and local bodies, and social forces to have access to Commission data banks ( such as Arinco
( Structural Funds ) and Precom ( Community loans )) and those operated by Parliament ( Legisla ­
tive Observatory ); considers that these data banks, given the appropriate specific input, could do
much to ensure that up-to-date information was promptly and widely disseminated on
Community policies, especially those related to cohesion ;

8 . Calls on the Commission to adapt its draft decision on information and publicity for
Structural Fund assistance as far as possible to the suggestions and requirements set out above
and to take appropriate measures if these concerns cannot be accommodated in the decision ; calls
in particular for the draft to be supplemented and amended with a view to :

— requesting the Member States to comply with Article 32(1 ) of the coordination regulation ;

— using the notification procedure provided for in the Interinstitutional Declaration on

democracy, transparency and subsidiarity in order to provide information on the contents of
Community support frameworks that the Commission intends to adopt and on the outline of
the development plans on which they are based ;

— ensuring compliance with Directive 90 / 3 1 3 / EEC on the freedom of access to information on

the environment (') with the aim of bringing greater transparency to the implementation of
Structural Fund assistance ;

— requesting national and regional authorities to adopt and coordinate measures to provide

information on Structural Funds and other cohesion policy instruments, with a view to
establishing genuine information networks on economic and social cohesion policies ;

— ensuring that representatives of the European institutions attend any public events connected

with Structural Fund assistance ;

— requesting national and regional authorities to ensure that more detailed information is

provided concerning the environmental impact assessments carried out in connection with
the strategy and measures proposed in the Community support frameworks, having regard to
the principles of sustainable development ;

— broadening the objectives of the draft decision by including measures to improve the

efficiency of Community aid and compliance with the principle of partnership ;

— drawing up and introducing measures to ensure proper distribution of the annual report

referred to in Article 3 1 of the coordination regulation and the results of the consultations
with the social partners at European level provided for in the same article ;

— strengthening the provisions of section 4 of the annex to the draft decision, which should be

entitled ' information on Community assistance ', notably by including measures to facilitate
the provision of information on administrative requirements to public, regional and local
bodies and to the private sector, bearing in mind that this is the only paragraph which deals
with the question of information proper, as opposed to simple publicity ;

9 . Instructs its President to forward this resolution to the Commission .

(■) OJ L 158, 23.6.1990, p . 56 .

28 . 3 . 94 Official Journal of the European Communities No C 91 / 323

Friday, 11 March 1994

( b ) A3-0080 / 94

Resolution on irregularities and the recovery of sums unduly paid in connection with the

financing of structural policies

The European Parliament,

— having regard to the draft Commission Regulation concerning irregularities and the recovery

of sums wrongly paid in connection with the financing of the structural policies ( C3 ­
0030 / 94 ), .

— having regard to Article 23 of Council Regulation ( EEC ) No 4253 / 88, as amended by

Article 1 of Regulation ( EEC ) No 2082 / 93 of 20 July 1993,

— having regard to point 4, second indent, of the Commission declaration on the code of

conduct for the implementation of structural policies ('),

— having regard to Rule 148 of its Rules of Procedure,

— having regard to the report of the Committee on Budgetary Control ( A3-0080 / 93 ),

A. whereas the Commission has promised to take account of Parliament ' s comments in the draft

rules to give effect to the provisions laid down in Article 23(1 ) of Regulation ( EEC )
No 4253 / 88 with respect to the measures which the Member States are called upon to take in
order to prevent and punish irregularities, recover amounts lost, and provide proper
information to the Commission,

1 . Calls on the Commission to lay down rules whereby the Member States will be required to
take measures ensuring :

( a ) clear identification of and attribution of responsibility to the national ( central and local )

bodies responsible for financial control, both within and outside the authorities which
administer Structural Fund resources ;

( b ) that specific information is provided to the Commission concerning failure ( whether by

commission or omission ) to comply with Community or national legislation, not only with
regard to financial aspects but also in respect of the quality of compliance ( for example,
environmental impact reports ), and the administrative and legal steps taken and the
legislative ( civil and penal ) and administrative framework within which prevention and
punishment of irregularities and criminal acts are undertaken together with the human
resources and financial efforts, in relation to their other duties, of the bodies responsible for
investigation, information-gathering, prevention and prosecution ;

( c ) rigorous enforcement of the provision set out in Article 23(1 ), first subparagraph, third

indent, whereby ' the Member States shall be liable in the alternative for reimbursement of
any sums unduly paid ' except where ' the Member State and / or the intermediary and / or the
promoter provide proof that they were not responsible for the irregularity or negligence ';

2 . Calls on the Commission, with a view to the abovementioned aims, to complete the
regulatory system provided for in the rules intended to give effect to Article 23(1 ) of Regulation
( EEC ) No 4253 / 88 by incorporating provisions ensuring :

( a ) accurate identification of the bodies, both within and outside the administrative authorities,

responsible for checking the legality and the substance of acts adopted by the Member
States, at government or local level, to implement financial operations under the Structural
Funds ;

( b ) that exact details can be obtained concerning the administrative and judicial bodies

responsible for preventing and punishing irregularities and criminal acts ;

(') OJC 255, 20.9.1993, p . 19 .

No C 91 / 324 Official Journal of the European Communities 28 . 3 . 94

Fnday, 11 March 1994

( c ) that the information supplied to the Commission by the Member States is made as clear and

accurate as possible by :

— setting up a form of cooperation between the Commission and Member States with a

view to improving the legislative and administrative machinery used to prevent and
punish irregularities and to recover amounts lost ;

— establishing cooperation among Member States and between the Member States and the

Commission focusing on irregularities that could entail consequences or occur outside
the Member State conducting the related inquiry ;

— making reimbursement of legal costs to the Member States subject to the condition that

the Commission is kept informed and, if necessary, involved in penal measures, in
accordance with the procedures laid down in the law of the Member State concerned ;

— providing for the possibility of notifying the names of natural or legal persons for the

purposes of implementing the agreement which, pursuant to Article 138c of the EC
Treaty, will regulate the exercise of Parliament 's right of inquiry ;

( d ) that sums unduly paid are properly recovered and that more effective steps are taken to

achieve that end, namely by laying down a requirement to provide specific details of
evidence serving to demonstrate that a Member State is not responsible for an irregularity or
instance of negligence and making exemption from liability explicitly subject to the
condition that a Member State has accepted such technical assistance as the Commission
may have extended for the purposes of the recovery procedure ;

3 . Instructs its President to forward this resolution to the Commission .

19 . Status of nursing staff

A3-0123 / 94

Resolution on upgrading the status of nursing staff

The European Parliament,

— having regard to the motion for a resolution by Mrs Lenz and others on the upgrading of the

status of nursing auxiliaries ( B3-0281 / 92 ),

— having regard to Directives 77 / 452 / EEC and 77 / 453 / EEC, 92 / 5 1 / EEC and 89 / 48 / EEC which

regulate this sector,

— having regard to its resolution of 19 November 1993 on public health policy after

Maastricht ('),

— having regard to Rule 45 of its Rules of Procedure,

— having regard to the report of the Committee on Women 's Rights ( A3-0 123 / 94 ),

A. mindful of the entry into force of the Treaty on European Union and the European internal

market,

B. whereas the Treaty on European Union confers responsibilities on the Community as regards
the development of a coordinated public health policy ( Article 1 29 EC ),

C. whereas demographic trends in the health care sector require ever larger numbers of and
more highly qualified personnel, in the fields both of medical technology and home care,

(') Minutes of that sitting, part II, Item 5 .

28 . 3 . 94 Official Journal of the European Communities No C 91 / 325

Friday, 11 March 1994

D. whereas the launching of the internal market will aggravate the considerable fluctuations in

employment in this sector ( in particular with regard to shortages of nursing staff ), while
bearing in mind the varying situations in the Member States,

E. whereas humanization and the quality of care are key factors in any health policy ; whereas
the development of measures designed to upgrade the status of nursing staff is a priority line
of action,

1 . Asks the Member States, in view of the crisis affecting the nursing care sector, to take the
necessary measures to upgrade the social and financial status of nursing staff and improve their
working conditions ;

2 . Calls on the Commission to carry out a comparative analysis of supply and demand on the
health care market and draw up a framework for improving working conditions and developing a
policy on recruitment, promotion and in-service training ;

3 . Calls on the Commission to set up an information network and implement action
programmes in the field of in-service training, retraining, exchanges of professional experience
and innovative measures as regards the organization of care both at Community level and outside
the Community with a view to encouraging recruitment policy in the profession ;

4 . Calls on the Commission, in cooperation with medical and paramedical professional
organizations, to carry out a study on improving the working and living conditions of nursing
staff ( such as child-minding facilities, a reduction in working hours, part-time work, study
leave, etc .) with a view to making it possible for them to enjoy a full professional, family and
social life and ensuring compliance with the principle of mutual recognition of diplomas ;

5 . Calls on the Commission, in the context of improving the health and safety of workers
( Article 1 1 8a EC ), to draw up on the basis of this study a proposal on improving the health and
safety of nursing staff, particularly with a view to combating the burnout syndrome ;

6 . Asks the Commission to ensure intra-Community mobility in the field of health care by
promoting exchanges between health care professionals ( based on the model of Erasmus and
other current Community programmes );

7 . Asks the Member States to have cost-benefit studies carried out with a view to reorganizing
health care provision ( such as the general organization of comprehensive care ), stepping up
training programmes, developing home care, especially for the elderly, and developing palliative
care and other openings likely to create employment requiring the professional skills of nursing
staff so as to respond to changing needs in the health care sector ;

8 . Asks the Member States to create the structures required to promote or intensify palliative

care ;

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

No C 91 / 326 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

20 . Fisheries     

( a ) B3-0254, 0259, 0266, 0270 / 94

Resolution on the problems in the fisheries sector

The European Parliament,

— having regard to its resolution of 10 February 1994 on the crisis in the fishing industry ('),

A. mindful of the goals of the common fishenes policy, and above all, those of conserving
resources and saving jobs in regions dependent on fishing,

B. whereas, for the second year running, the fisheries sector in the Community has been
affected by a very serious crisis,

C. whereas the absence of social and monetary harmonization in the countries of the
Community constitutes a sizeable distortion of competition,

D. having regard to the ineffectiveness of the market Regulation and monitoring arrangements,

E. whereas the reintroduction of import prices, on a provisional basis and at a most inadequate
level, has been insufficient to correct price levels and ensure Community preference,

F. whereas the solutions recommended by the Commission are dangerously inadequate, and
regretting the fact that it has so far refused to invoke the safeguard clause,

G. concerned at the risk of an increase in transfers of fishing quotas between the Member States,

1 . Condemns the clear lack of political will on the part of the Council in this matter and its
inability to find a lasting solution to the problem of minimum import prices, particularly for fresh
products . Notes with interest, however, the promotion campaign recently launched ;

2 . Urgently draws attention to the need for valid and lasting answers to the problems facing
fishermen ;

3 . Repeats its demand for an extraordinary fisheries Council meeting ;

4 . Repeats its call that a European fisheries conference be held without delay, to work out a
new common organization of the market taking into account the interests of all parties involved
and calls in particular for measures to improve the chain between production and consumption
with a view to upgrading producer prices ;

5 . Calls for an increase in minimum import prices, for them to be extended to cover new
species, and to continue to apply after 15 March 1994 ;

6 . Repeats its call to the Commission and the Member States to strengthen checks on irregular
imports and in particular on illicit trans-shipments at sea ;

7 . Hopes that, prompted by this fresh crisis, the Union will acquire an effective inspection
system, the cornerstone of any common fisheries policy, managed by the Commission ;

8 . Repeats its call for the creation of a financial instrument designed to compensate for the
falls in fishery product prices ;

9 . Calls on the Commission to propose a reform of the common organization of the fisheries
sector, in concert with the organizations involved, with a view to ensuring worthwhile incomes
for fishermen and guaranteeing the future of the fishing industry in the European Union ;

(') Minutes of that Sitting, Part II, Item 4(a ).

28 . 3 . 94 Official Journal of the European Communities No C 91 / 327

Friday, 11 March 1994

10 . Hopes that, in collaboration with the Member States, consideration will be given to the
establishment of a common social protection system pursuant to Article 1 18 of the EC Treaty ;

11 . Formally draws the Commission and Council 's attention to the need for speedy action ;

12 . Calls for the accession negotiations with Norway to take into account the legitimate
interests of the Community 's fishermen and fish farmers ;

13 . Hopes that there will be a comparative analysis of the sector plans submitted by the
Member States under the FIFG Regulation, which will be forwarded to Parliament ;

14 . Instructs its President to forward this resolution to the Council and the Commission .

( b ) A3-0103 / 94

Proposal for a Council decision amending Decision 89 / 631 / EEC on a Community financial
contribution towards expenditure incurred by the Member States for the purpose of ensuring
compliance with the Community system for the conservation and management of fishery

resources ( COM(93)OS46 — C3-0521 / 93 )

The proposal was approved with the following amendments :

TEXT PROPOSED TEXT AMENDED

BY THE COMMISSION (*) BY PARLIAMENT

( Amendment 1 )

Recital 1

Whereas the use of satellite and / or automatic data record ­
er systems for locating the position of fishing vessels can
contribute to a significant improvement in the monitoring
function which Member States are required to fulfil in the
Community interest ; whereas the Council is to decide
before 1 January 1996 on the introduction of such
systems, following the implementation by Member
States, before 30 June 1995, of pilot projects for certain
types of Community fishing vessels, as provided for in
Article 3 of Council Regulation ( EEC ) No 2847 / 93 of

12 October 1993 establishing a control system applicable
to the common fisheries policy ;

Whereas the use of satellites transmitting data simulta ­
neously to the Commission and the flag State and / or
automatic data recorder systems for locating the position
of fishing vessels can contribute to a significant improve ­
ment in the monitoring function which Member States
are required to fulfil in the Community interest ; whereas
the Council is to decide before 1 January 1996 on the
introduction of such systems, following the implementa ­
tion by Member States, before 30 June 1995, of pilot
projects for certain types of Community fishing vessels,
as provided for in Article 3 of Council Regulation ( EEC )
No 2847 / 93 of 12 October 1993 establishing a control
system applicable to the common fisheries policy ;

( Amendment 2 )

Recital 2a ( new )

Whereas, as a general rule, the pilot projects should be
wholly financed under the Community budget ;

(*) OJ C 334, 9.12.1993, p . 21 .

No C 91 / 328 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

TEXT PROPOSED

BY THE COMMISSION

TEXT AMENDED

BY PARLIAMENT

( Amendment 3 )

Recital 2b ( new )

Whereas although the financing of pilot projects should
not result in an increase in the overall amount contri ­
buted by the Community towards Member States ' expen ­
diture on monitoring activities, the percentage financed
by the Community may be adjusted according to the
importance and interest of the projects submitted ;

( Amendment 4 )

ARTICLE 1

Article 2b(2 ) ( Decision 89 / 631 / EEC )

2 . The Commission shall decide, on the first occasion
before 31 March 1994 and thereafter before 1 March
1995, in accordance with the procedure laid down in
### Article 18 of Council Regulation ( EEC ) No 3760 / 92 of 20

December 1992 establishing a common system for fisher ­
ies and aquaculture (*), on the Community contribution
to the expenditure pursuant to Article 2a, the eligibility of
expenditure and any conditions to which the contribution
may be subject .

(*) OJ L 389, 21.12.1992, p . 1 .

2 . The Commission shall decide, on the first occasion
before 31 March 1994 and thereafter before 1 March
1995, on the Community contribution to the expenditure
pursuant to Article 2a, the eligibility of expenditure, the
percentage of the project costs to be met by the Commun ­
ity and any conditions to which the contribution may be
subject .

( Amendment 9 )

ANNEX

Annex A ( 1 ), first indent

— pilot projects involving a system of position-moni ­

toring using satellites,

— pilot projects involving a system of position-moni ­

toring using satellites to facilitate simultaneous real ­
time data transmission to the Commission and the
flag Member State,

( Amendment 6 )

ANNEX

Annex A(2 ), first indent a ( new )

— the national provisions adopted and, where appro ­

priate, the selection criteria used to draw up the list,

28.3.94 Official Journal of the European Communities No C 91 / 329

Friday, 11 March 1994

TEXT PROPOSED TEXT AMENDED

BY THE COMMISSION BY PARLIAMENT

( Amendment 7 )

ANNEX

Annex A ( 2 ), second indent, third sub-indent

— designed to enable the flag Member State, under the

cooperation arrangements between Member States
and the Commission, to communicate information
about its vessels immediately and automatically to
the competent authorities of the Member State in
whose waters these fishing vessels are operating,

— designed to enable the flag Member State, under the

cooperation arrangements between Member States
and the Commission, to communicate information
about its vessels immediately and automatically to
the Commission and the competent authorities of the
Member State in whose waters these fishing vessels
are operating,

( Amendment 8 )

ANNEX

Annex A(2 ), second indent, third sub-indent a ( new )

— to be adopted with a view to preventing any falsifica ­

tion or manipulation of the data transmitted or
recorded,

Legislative resolution embodying the opinion of the European Parliament on the proposal for a
Council decision amending Decision 89 / 631 / EEC on a Community financial contribution
towards expenditure incurred by the Member States for the purpose of ensuring compliance
with the Community system for the conservation and management of fishery resources

( C()M(93)0546 — C3-0521 / 93 )

( Consultation procedure )

The European Parliament,

— having regard to the Commission proposal to the Council ( C<JM(93)0546 ) ('),

' — having been consulted by the Council pursuant to Article 43 of the EC Treaty ( C3-052 1 / 93 ),

— having regard to the report of the Committee on Agriculture, Fisheries and Rural

Development and the opinion of the Committee on Budgets ( A3-0 103 / 93 ),

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 .

(■) OJC334, 9.12.1993, p . 21 .

No C 91 / 330 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

21 . Closure of Parliament 's accounts for 1993

A3-0106 / 94

Resolution on the closure of Parliament 's accounts for the 1993 financial year ( administrative

expenditure )

The European Parliament,

— having regard to Article 79 of the Financial Regulation,

— having regard to Rule 1 66(3 ) of its Rules of Procedure,

— having regard to Articles 8 and 9 of the Internal Rules for the Implementation of the

European Parliament 's budget,

— having regard to the Administration 's report on the implementation of the European

Parliament 's budget for 1993 ( PE 208.245 ),

— having regard to the report of its Committee on Budgetary Control ( A3-0 106 / 94 ),

A. whereas the Administration 's report notes that the available appropriations can be broken
down as follows :

         - Appropriations for the 1993 financial year including SAB
No 1 / 93 ( ECU 4 100 000 ) ECU 634 100 000,00

         - Appropriations carried over from 1992
— automatically ECU 101 482 186,75
( Article 7(1 )( b ) of the Financial Regulation )
— by request ECU 0
( Article 7(1 )( a ) of the Financial Regulation )

B. whereas the available appropriations were utilized as follows :

1993 appropriations
( a ) commitments for the 1 993 financial year ECU 624 592 677,26
( b ) payments for the 1993 financial year ECU 565 549 362,13
         - automatic carry-overs to 1994 ECU 59 043 315,13
( Article 7(1 )( b ) of the Financial Regulation )

appropriations carried over from 1992 :

         - payments in respect of appropriations carried over automatical ­
ly from 1992 ECU 94 786 886,06
         - payments in respect of appropriations earned over by request
from 1992 ECU 0

C. whereas the provisions of the Financial Regulation require the following cancellations :

        - cancellations of 1 993 appropriations which were not committed ECU 9 507 322,77
( including appropriations from the reserves in Chapters 100 and

101 ) ECU 0

         - cancellations of appropriations automatically carried over from

1992 and not disbursed ECU 6 695 300,69

         - cancellations of appropriations carried over from 1992 by
request and not disbursed ECU 0

1 . Confirms the results set out in the accounts for the 1 993 financial year and requiring to be
submitted to the Commission in accordance with Article 79 of the Financial Regulation to enable
it to draw up the consolidated revenue and expenditure account and balance sheet, following the
scrutiny undertaken by the Committee on Budgetary Control on the basis of Articles 8 and 9 of
the internal rules ;

28 . 3 . 94 Official Journal of the European Communities No C 91 / 331

Friday, 11 March 1994

2 . Notes that

( a ) some ECU 36,5 million, which would otherwise have been cancelled, were the subject of the

' mopping-up transfers ' procedure in order to reinforce Item 2000 / 3 ; these transfers were as
follows :
— No C 9 ( Committee on Budgets ): ECU 5 621 780
— No C 10 ( Committee on Budgetary Control ): ECU 14 546 000
— No C 1 1 ( Committee on Budgetary Control ): ECU 3 989 000
— No P 17 ( within Chapter 20 ): ECU 1 300 000

( b ) the cancellation rate for appropriations carried forward from 1992 in accordance with the

automatic carry-over procedure ( Article 7(1 )( b ) of the Financial Regulation ) is 6,6%, which
represents a 50% reduction in the cancellation rate for appropriations carried over from 1 991
to 1992 ( over 13% );

( c ) commitments remaining to be disbursed at the end of the financial year and automatically

carried over to 1994 represent 9,45% of total appropriations committed ( corresponding rate
for 1992 / 93 : 17,4% of appropriations committed );

3 . Notes that the rate of utilization of appropriations in the various chapters is the same as in
the previous financial year with the exception of Chapter 12 ( allowances and expenses on
entering and leaving the service and on transfer ), where the rate is only 90,46%, compared with
96,91% for 1992 ;

4 . Reaffirms the principles on which the Institution 's financial management must be based, as
set out in the Financial Regulation, and calls for them to be strictly applied, especially the
principle of annuality of the budget ; recalls the responsibility of authorizing officers with regard
to the application of these principles and emphasizes that it is their responsibility to submit any
requests for the carry-over of appropriations ;

5 . Notes that, according to the provisions of the Financial Regulation, decisions to overrule
the Financial Controller 's refusals to grant approval are taken by the President of Parliament as
the superior authority, who therefore assumes sole political responsibility therefor even if he is
recommended to seek qualified advice .

6 . Notes that developments in the buildings sector during 1993 will be dealt with in the report
shortly to be submitted to the Bureau by the Committee on Budgetary Control ; notes also that the
budgetary decisions taken in this area will be considered under the discharge procedure for this
financial year ;

7 . Recalls that the appropriations set aside for 1 1 8 new posts entered in the 1 993 establishment
plan have remained in Chapter 100 pending the results of the evaluation of the services
(' screening ') being carried out by the Administration ;

8 . Calls for an external audit to be conducted on the management and efficiency of
data-processing projects in the European Parliament ;

9 . Notes the compromise reached in 1993 concerning the BUDG project, which gave rise to
revenue amounting to ECU 1 327 943, and will consider this matter in the context of the 1993
discharge ;

10 . Instructs its President to forward this resolution to the Commission .

22 . Control of Community budget

( a ) A3-0320 / 93

Resolution on relations between bodies responsible for control of the Community budget

The European Parliament,

— having regard to Rule 148 of its Rules of Procedure,

— having regard to the report of the Committee on Budgetary Control ( A3-0320 / 93 ),

No C 91 / 332 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

Relations between the Court of Auditors and Parliament

1 . Welcomes the willingness expressed by the Court of Auditors to contribute to an improved
working relationship with Parliament, based on the two institutions ' respective roles of servant
and representative of the Community taxpayer ; welcomes in particular the procedures agreed for
mutual concertation in drawing up work programmes, for ensuring that Parliament receives the
Court 's reports before the media, and for assisting Parliament in the exercise of its powers of
enquiry under the Treaty on European Union ;

2 . Looks to the Court, in the same spirit :

— to find ways of responding more rapidly to ad hoc requests for assistance from Parliament,

pursuant to the fourth subparagraph of Article 188c(4 ) of the EC Treaty ;

— to act on its own initiative upon such information as it might receive concerning possible

irregular use of the taxpayer 's money ;

— to resume the practice of forwarding to the Committee on Budgetary Control its draft reports

and reports prepared for other institutions, to be handled in accordance with Parliament 's
established procedure for consideration of confidential documents ;

3 . Calls again upon the Court to include in its annual reports, in accordance with Article 88(3 )
of the Financial Regulation, a section on the Court of Auditors ;

Relations between Financial Controllers and Parliament

4 . Stresses the key role of the Financial Controllers of Community institutions in protecting
the taxpayer 's money ;

5 . Calls upon each Community institution to fulfil the requirements of Article 24 of the
Financial Regulation aimed at guaranteeing the independence of Financial Controllers in the
performance of their duties, bearing in mind notably that short-term contracts are not conducive
to independence ;

6 . Calls upon the Financial Controller of the Commission to keep Parliament informed of
progress in his efforts ( i ) to institutionalize cooperation with his counterparts in the Member
States, as those having primary responsibility for control of Community expenditure ; ( ii ) to
contribute to the development of sound local systems for monitoring EC expenditure in third
countries, and ( iii ) to clarify the situation with respect to financial control of EC contributions to
international organizations ;

7 . Urges the superior authority of each institution, in any decision to overrule a withholding of
approval by its Financial Controller, to include provisions aimed at resolving the management
shortcomings on the basis of which approval was withheld and examining the issue of the
responsibility of the authorizing officer, failing which overrule decisions may serve simply to
encourage sloppy management ;

8 . Insists once again that the superior authority of Parliament, as the institution representing
the Community taxpayer, and which has sole responsibility for such decisions to overrule, set an
example of due caution in this area and consult the Committee on Budgetary Control prior to any
overrule decision ;

9 . Instructs its Committee on Budgetary Control to examine ways of giving effect to
Article 73 of the Financial Regulation concerning the disciplinary and financial liability of
authorizing officers ;

28.3.94 Official Journal of the European Communities No C 91 / 333

Friday, 11 March 1994

Fight against fraud

10 . Stresses the primary responsibility of Member States for preventing, detecting and
prosecuting fraud against the Community budget, and for recovering sums unduly paid out, and
reminds Member States of their obligation to implement Community control regulations fully ;

1 1 . Calls upon the Member States to adopt risk targeting as the organizing principle for their
fight against fraud on the Community budget ;

12 . Calls upon Council :

( a ) to act without delay upon the amended proposal for a Council Regulation on checks and

penalties under the common agricultural and fisheries policies ;

( b ) to set up with Parliament a permanent joint task force on fraud ;

13 . Calls upon the Commission :

( a ) to submit without delay proposals to amend existing control regulations so as to make the

risk targeting of national controls binding ;

( b ) in the meantime, to provide Member States with all necessary assistance in targeting their

controls on the basis of risk analysis ;

( c ) to make full use of its powers in relation to establishment of national control programmes

and to insist on receiving the data it needs to monitor implementation of those programmes
both quantitatively and qualitatively ;

( d ) to report quarterly to the Committee on Budgetary Control on the use of appropriations under

the Community budget for the fight against fraud and for national controls on CAP
expenditure, including sums carried over ;

( e ) to present proposals aimed at making payment of Community monies to Member States

conditional upon satisfactory implementation of the relevant Community control regula ­
tions, including satisfactory take-up of Community funds for strengthening of national
controls ;

( f ) to present to Parliament a comparative cost / benefit analysis of physical checks as against

paper audits ;

( g ) to make proposals aimed at imposing penalties on Member States for failure to notify cases

of fraud and irregularity ;

( h ) to have a study carried out of the extent to which each Member State enables and encourages

individuals, as citizens, employees and officials, to report known or suspected fraud against
the Community budget ;

( i ) to run a trial ' fraud freephone ' at the earliest opportunity and to report to Parliament on the

results ;

( j ) to keep Parliament informed of measures taken or planned to step up the Commission 's fight

against fraud, with particular reference to the growing importance of the Structural Funds
and of cross-border crime ;

( k ) to present a report on the problems relating to recovery of sums unduly paid out or evaded,

covering in particular the procedures for :

( i ) establishing whether fraud has occurred, including Commission participation in those

procedures ;

( ii ) determining the respective financial liabilities of Member States and of the Commission

in cases where fraud is established ;

( iii ) recovering sums unduly evaded or paid out ;

( iv ) allocating the financial cost in cases of non-recovery ;

                                

                              -                              

14 . Instructs its President to forward this resolution to the Commission, the Council and the
Court of Auditors .

No C 91 / 334 Official Journal of the European Communities 28 . 3 . 94

Fnday, 11 March 1994

( b ) A3-0074 / 94

Resolution on the independent power of investigation and inquiry which the Union may exercise

for the purposes of legal protection of its financial interests

The European Parliament,

— having regard to its resolution of 24 October 1991 on the legal protection of the European

Community 's financial interests ('),

— having regard to Rule 148 of its Rules of Procedure,

— having regard to the report of the Committee on Budgetary Control ( A3-0074 / 94 ),

A. whereas legal protection of the Community 's financial interests makes use of laws and
administrative provisions that are often inconsistent, incomplete, and barely effective either
under the Community legal system or under national legal systems,

B. whereas the gaps exist both with respect to the powers to conduct financial investigations
and inquiries and with respect to the penalties imposed in the Union under administrative
rules or penal law for irregularities and frauds adversely affecting the Community budget
committed by persons outside or employed by the Community institutions,

C. whereas the Community has to act in order to ensure that protection of its financial interests
within the scope of the Single Market is made effective and uniform, in accordance with the
principles enshrined in Articles 3b and 100a of the EC Treaty,

1 . Decides to invoke Article 1 38b, second paragraph, of the EC Treaty in order to request the
Commission to submit four legislative proposals on the subjects specified below ;

As regards powers of investigation and inquiry

2 . Calls on the Commission to submit a proposal for a Regulation to Parliament and the
Council by 30 September 1 994, the substance of which should be as follows :

( a ) legal basis : Articles 43, 100a and 209a of the EC Treaty ;

( b ) purpose : to set up a Fraud Prevention Unit ( ULAF ) which, in addition to Uclaf s existing

powers of coordination, would have wide-ranging powers to obtain access to information
and conduct on-the-spot inquiries ;

( c ) substance : regulatory provisions laying down both the structure of ULAF ( investigation

bodies established in other Directorates-General to be incorporated into ULAF or subsidiary
coordinating units under ULAF 's authority to be set up in other Directorates-General ) and its
powers ( single text to regulate both its powers of inquiry — adopting in each instance the
most clear-cut powers provided for in existing regulations — and the force of evidence and
cooperation with the authorities of the Member States, especially in cases where fraud is
taking place on an international scale );

As regards penalties to be imposed on persons guilty of irregularities and fraud affecting the

Community budget

3 . Calls on the Commission to submit a proposal for a Directive to Parliament and the Council
by 30 June 1994, the substance of which should be as follows :

( a ) legal basis : Articles 100a and 209a of the EC Treaty ;

( b ) purpose : to harmonize the protection afforded to the Union 's financial interests under the

Member States ' penal laws ;

(') OJ C 305, 25.11.1991, p . 106 .

28 . 3 . 94 Official Journal of the European Communities No C 91 / 335

Friday, 11 March 1994

( c ) substance : common principles to be laid down ; types of offences and penalties to be

identified ; minimum and maximum limits to be set, ensuring compliance with the principle
whereby a penalty must be effective, proportionate and dissuasive, in accordance with the
ruling handed down by the Court of Justice in Gase 68 / 88 ; provision to be made to cover
corresponding types of offences and penalties in cases where the person guilty or the victim
of an offence is a Community official ;

4 . Calls on the Commission to submit a proposal for a Regulation to Parliament and the
Council by 30 June 1994, the substance of which should be as follows :

( a ) legal basis : Articles 43, 100a and 209a of the EC Treaty ;

( b ) purpose : to lay down general rules to regulate the administrative penalties provided for in

Community legislation ;

( c ) substance : principles and guarantees applicable to Community administrative penalties, laid

down in such a way as to ensure compliance with the principle whereby a penalty must be
effective, proportionate, and dissuasive, as set out in the above-mentioned ruling of the Court
of Justice ;

As regards the liability of Community officials

5 . Calls on the Commission, after it has assessed and ascertained the nature and legal basis of
the act, to submit a legislative proposal by 30 September 1994, the substance of which should be
as follows :

( a ) purpose : liability of persons carrying out the procedure for implementing the budget ;

( b ) substance :

(0 rules governing the procedure for giving effect to the financial and disciplinary liability

of authorizing officers, financial controllers, and accounting officers, conferring
jurisdictional competence in respect of accounting matters on an external body

independent of the parent institution of the official concerned ;

( ii ) criteria for waiving the immunity from legal proceedings enjoyed by officials, in cases

where the offence is punishable under the law of a Member State ;

                                 

                              -                               

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

23 . Control of EIB and EBRD financial policy

A3-0107 / 94

Resolution on the democratic control of the financial policy of the European Investment Bank

( EIB ) and the European Bank for Reconstruction and Development ( EBRD )

The European Parliament,

— having regard to the statute of the European Investment Bank,

— having regard to the statute of the European Bank for Reconstruction and Development,

— having regard to the conclusions of the Edinburgh European Summit (') and the practical

results thereof,

— having regard to the report of the Committee on Budgetary Control ( A3-0 107 / 94 ),

(') EC Bulletin 12 / 92, p . 7 .

No C 91 / 336 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

A. whereas the capital of the EIB is held by the 12 Member States of the European Community,

B. whereas the activities of the EIB involve use of its own resources, budgetary appropriations,
other Community funds and budgetary guarantees,

C. whereas the EIB was constituted under the Treaty establishing the European Economic
Community and forms part of the European Community 's institutional framework,

D. whereas 5 1 % of the capital of the EBRD is held by European Community institutions and the

Member States of the Community,

E. whereas the EBRD and the Community have undertaken to work in close cooperation with
each other including the provision by the latter of subsidies to the former,

1 . Considers that the EIB forms an integral part of the European institutional and political
framework, that its activities are political in nature in that they involve the use of public funds in
the pursuit of public policy, and that as such they should be subject to proper democratic control ;
notes however that the instruments of such control do not currently exist ;

2 . Considers that the European Parliament has a duty, as guarantor of public policy at the
European level, to ensure effective democratic control of the activities of the EIB ;

3 . Calls on the Commission to initiate negotiations between the EIB, the Court of Auditors,
the Commission and the European Parliament with a view to empowering the Court of Auditors
to carry out audits of all the activities of the EIB ; calls on the Court of Auditors subsequently to
produce an annual report on the activities of the EIB to be submitted to the European Parliament ;

4 . Notes with concern the poor functioning of the agreement between the Court of Auditors,
the European Investment Bank and the Commission concerning the Court of Auditors ' powers to
carry out audits into operations involving budgetary funds, which has severely compromised the
Court of Auditors ' ability to certify budgetary operations involving the Bank ; believes this
problem illustrates the unsatisfactory nature of the current institutional relationships in this field ;

5 . Proposes the introduction of a discharge procedure in the European Parliament based on the
EIB 's annual report, an annual report on the EIB by the Court of Auditors and an EIB annual
strategy document submitted for consultation with the European Parliament and published in
advance of the relevant year ; believes that this would considerably enhance democratic political
control of the EIB 's activities ;

6 . Calls on the Commission to prepare appropriate amendments to the Treaties to institute a
discharge procedure for the European Investment Bank to be included in the next revision of the
Treaties in 1996 ;

7 . Emphasizes its commitment to the autonomy of the EIB in day-to-day management of its
affairs, and in particular as regards the allocation of loans ;

8 . Stresses its confidence in the professionally of the management of the EIB and in the
financial strength of the Bank as a financial institution ; believes that public confidence in both of
these would be enhanced as a result of the proposals contained in this resolution ;

9 . Notes that more than half the capital of the European Bank for Reconstruction and
Development is constituted by money belonging to the European Community taxpayer ; believes
therefore that the interests of the Community taxpayer would best be served were the Member
States of the European Community to coordinate their activities in the field of budgetary control ;
observes that the European Parliament is the institution best placed to exercise the control
function ;

10 . Calls on the Member States to entrust the task of budgetary control of the EBRD to the
institutions of the European Community, in particular the Court of Auditors reporting to the
European Parliament ;

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Friday, 11 March 1994

11 . Welcomes the improvements in budgetary control made following the report of the
EBRD 's Audit Committee ; requests that henceforth all reports of the Audit Committee be made
available to the European Parliament ;

12 . Proposes to institute an annual review of the activities of the EBRD, based on a report by
the Committee on Budgetary Control ;

13 . Instructs its President to forward this resolution to the Commission, the Council, the Court
of Auditors, the European Investment Bank and the European Bank for Reconstruction and
Development .

24 . Access to third countries ' markets

A3-0023 / 94

Resolution on the negotiations regarding access to third countries ' markets in the fields covered

by Directive 90 / 531 / EEC ( the Utilities Directive )

The European Parliament,

— having regard to Directive 90 / 53 1 / EEC of 17 September 1990 ('),

— having regard to the Commission report concerning negotiations regarding access to third

countries ' markets in the fields covered by Directive 90 / 53 1 / EEC ( the Utilities Directive )
( COM(93)0080 ),

— having regard to Rule 148 of its Rules of Procedure,

— having regard to the report by the Committee on External Economic Relations ( A3 ­

0023 / 94 ),

A. noting that the Agreement on the European Economic Area provides in its Article 65 and

Annex XVI for the provisions of the Utilities Directive to be applied in the EFTA countries,

B. noting that the Europe Agreements signed on 16 December 1991 by the Community, its
Member States, Hungary, Czechoslovakia and Poland provide that at the end of the agreed
transitional periods, national treatment will be granted to all Community undertakings,
whatever their form, and full access to public-contract award procedures established on a
reciprocal basis,

C. noting the request of 2 August 1990 whereby the Community, in pursuance of Article
IX:6(b ) of the GATT Agreement on Government Procurement ( 2 ), sought coverage of public
and private entities operating in the telecommunications, electrical, water, urban transport,
port and airport sectors and operating on the basis of special or exclusive rights,

D. regretting that the offers from the other parties to the GATT Agreement on Government

Procurement are much less far-reaching than those of the European Union,

E. stressing the importance for European industry of access to American and Japanese contracts
for telephone network equipment,

F. whereas the EC Treaty in no way prejudices the rules in Member States governing the system
of property ownership ( Article 222 ),

(') OJ L 297, 29.10.1990, p . 1 .
( 2 ) OJ L 71, 17.3.1980, p . 1 and OJ L 345, 9.12.1987, p . 24 .

No C 91 / 338 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

1 . Welcomes the fact that businesses in the European Union can have access to public-sector
contracts in the fields covered by the Utilities Directive in Sweden, Finland, Iceland and Austria ;

2 . Wishes the European Union to have access to the hydrocarbons market in Norway and
wishes a formula complying with the rules of the Union to be worked out to this end ;

3 . Regrets the withdrawal of Switzerland from the EEA and its consequences with regard to
public procurement in the fields covered by the Utilities Directive and considers it important that
bilateral negotiations on future relations between the European Union and Switzerland should
seek to apply the provisions of this Directive ;

4 . Approves the provisions of the European Agreements signed on 16 December 1991 with
Hungary, Czechoslovakia and Poland, which provide for full access on a reciprocal basis to the
contract award procedures in the fields covered by the Utilities Directive at the end of a
transitional period ;

5 . Supports the Commission 's call on 2 August 1990 for an extension of the GATT
Agreement on Government Procurement to cover new sectors ;

6 . Notes the differences between the partners of the European Union in the context of the
GATT Agreement on Government Procurement ;

7 . Presses for American public-sector contracts to be made accessible to entities in the
European Union on terms identical, including real possibilities of redress, to those on which
European contracts are open to American producers in the sectors covered by the Directive and,
as a consequence, for a non-restrictive definition of the concept of government procurement to be
agreed with the United States, to include federal, subfederal and municipal contracts, and for
so-called ' private ' contracts to be rigorously transparent ; rejects any agreement whose
application would depend on the private or public nature of the ownership of the relevant
awarding body ;

8 . Seeks greater clarity of the coverage implied by the Canadian offer ;

9 . Wishes the conditions to be established in the Japanese market for genuine competition
with Japanese producers, bearing in mind especially the demand which can be expected from the
imminent introduction of broad-band ISDN and the new generation of mobile portable
communications equipment ;

10 . Takes the view that the Korean offer has many gaps, which should be the subject of
negotiations towards enlarging a currently limited market, and calls for the new legislation
regarding procurement of network equipment by Korea Telecom to be repealed ; takes the view
that Korea should also revise its position with regard to railways, urban transport, airports and
water ;

1 1 . Approves Israel 's offer ;

12 . Expects Hong Kong and Singapore to make offers in the future from which European
businesses could benefit ;

13 . Notes the declarations on Government Procurement embodied in the Final Act of the
GATT Uruguay Round, and encourages the Commission to continue with the ongoing
negotiations on the principles of real reciprocity and real transparency and to ensure that
legitimate demands for mutual market access do not lead to what is known as ' aggressive
reciprocity ', which would inevitably lead to the abandoning of economic logic and rational
thinking ;

14 . Considers it imperative that a satisfactory agreement be concluded on government
procurement, in view of the fact that the awarding of public-works contracts in the sectors
concerned is sometimes political and the resulting difficulty in opening them up to all the trading
partners concerned ;

15 . Draws the Commission 's attention to the need also to defend the interests of the European
Union in respect of its own public-service markets ( utilities sector ), bearing in mind the
conditions of competition, which are unfavourable to the European Union ; to this end :

— the Commission must present in good time the periodic reports which it has undertaken to

provide ;

28.3.94 Official Journal of the European Communities No C 91 / 339

Friday, 11 March 1994

— the Commission should establish a European centre to monitor the utilities markets in all

third countries and to provide regular updates on reciprocal access to markets ;

— the Union 's trade policy instruments should be improved, so that the Union can respond

more effectively to unfair international trading practices ;

16 . Calls on the Commission, when negotiating with other States, to be mindful of the fact that
protectionist action has negative repercussions on the importing country no less than the
exporting country, because of ' protection production costs ' and ' consumption costs ';

17 . Instructs its President to forward this resolution to the Council, the Commission, the
governments of the Member States and the secretariats of GATT and EFTA .

25 . Tomato production

B3-0300 / 94

Resolution on the crisis in the tomato sector

The European Parliament,

A. whereas the Community tomato market suffered a decline during autumn and winter

1993-1994, partly because of the increase in imports from third countries,

B. whereas the fall in prices is jeopardizing the economic and social stability of certain parts of
Community territory, such as the Canary Islands and part of Andalusia, where a large part of
the farming population is dependent solely on tomato production,

C. whereas, in the light of the entry into force in 1995 of the new GATT agreement concluded
on 15 December 1993, Community Regulations on fruit and vegetables need to be adjusted
in order to provide adequate protection for Community farmers under the new international
system, particularly as regards import timetables,

D. concerned that the new free trade agreements with the Maghreb countries may result in

Community producers being sacrificed as a result of concessions being granted for the
import of fruit and vegetables from these regions,

E. whereas the critical current situation of the tomato market in any case requires urgent
measures to be taken as far as possible without delay,

1 . Calls on the Commission, as a matter of urgency, to introduce a price system and import
timetable to prevent the continuing decline of the Community tomato market ; the system should
enter into force by the next marketing year, in accordance with the new GATT agreement ;

2 . Calls on the Commission to submit without delay proposals to adapt Regulations governing
fruit and vegetables so as to protect Community tomato production ;

3 . Considers that the granting of further concessions for tomato imports from third countries
should be subject to preliminary mechanisms designed at least to ensure that Community
production remains competitive ;

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

No C 91 / 340 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

26 . Demographic situation and development

A3-0052 / 94

Resolution on the demographic situation and development

The European Parliament,

— having regard to the motion for a resolution by Mr Galland on demography and development

( B3             - 1655 / 91 ),

— having regard to the resolution of the Development Cooperation Council of 18 November

1992 on European cooperation in the field of family planning and the work to be done in this
area by Member State and Commission experts,

— having regard to the Commission Communication to the Council and the European

Parliament of 4 November 1992 on demography, family planning and cooperation with
developing countries ( SEC(92)2002 ),

— having regard to the observations made during the hearing on the subject in question held by

its Committee on Development and Cooperation on 25 November 1993,

— having regard to the Declaration of the Rights of the Child of 20 November 1959 and the

Convention on the Rights of the Child of 20 November 1989,

— having regard to the World Population Action Plan ( 1974 ) and the Mexico Declaration

( 1984 ),

— having regard to Rule 45 of its Rules of Procedure,

— having regard to the report by the Committee on Development and Cooperation ( A3 ­

0052 / 94 ),

A. whereas in absolute terms population densities are much higher in economically advanced

countries than in underdeveloped countries,

B. whereas in many cases, in comparison with developed countries, underdeveloped countries
are rich in raw materials and have vast areas of territory which are not exploited,

C. whereas therefore economic and social underdevelopment is due less to demography than to
other factors, such as inadequate vocational training and centuries of exploitation by rich
countries to the detriment of poorer countries,

D. whereas it is currently a feature of the world population situation that there are enormous

differences between regions of the world as regards population density, health, pollution,
consumption of resources, consumer behaviour etc .; whereas poverty is causing great
difficulties, particularly to the so-called developing countries, while disproportionate
consumption of resources occurs in industrialized and rich countries,

E. whereas the race between industrialized countries to produce and consume most, and the
need to export goods which is forced upon developing countries, are aggravating existing
problems and imbalances, including the imbalance between population density and the
availability of resources in these countries, and hence fundamentally endangering all efforts
to achieve international justice and sustainable, acceptable development,

F. whereas the relationship between consumption, technology and population is very complex ;
recognizing the impact of consumption patterns in the North on environmental destruction,

G. whereas not only this demographic situation but above all the fundamental global imbalance,

covered in recent years in particular by the Brundtland Report (' Our Common Future ') and
the Unced on behalf of the United Nations, are factors leading to destabilization of the
political and social situation of nations worldwide and present fresh challenges to whole
regions because of the migration they cause,

28 . 3 . 94 Official Journal of the European Communities No C 91 / 341

Friday, 11 March 1994

H. deploring the fact that to date female sterilization remains the most common means of birth

control ; noting that there are often grounds for doubting whether it is genuinely carried out
with the full awareness and free consent of the women concerned, because the overriding
objective of reducing the birth rate in developing countries is sometimes pursued quite
ruthlessly, so that measures have even come to light which were carried out without the
women concerned being informed, in some cases with serious consequences for their health,

I. deploring the fact that so-called family planning policy has to date largely been characterized
by the absence of self-determination for women, respect for their health and mental and
physical integrity, comprehensive and objective information about risks and side-effects
associated with contraceptives and studies and information about natural methods of birth
control, reliable medical prior care and aftercare, the involvement of men in preventing
unwanted pregnancies, and the education required in order to make a genuinely free decision
to opt for parenthood,

J. whereas the EU should increase its support to ACP states engaged in structural adjustment
programmes, to help them maintain and improve upon their basic social expenditure in the
education, health and housing sectors, which is critical for efficient family planning,

K. whereas the level of education of women is the most important factor in the decision on how

many children to have ; whereas in every country there is a direct link between raising the
level of education of women and reducing the birth rate,

L. whereas acceptable birth control can only succeed in the context of an overall political
strategy in the health, education, social, cultural, information, consumer behaviour, resource
consumption and economic areas ; whereas there is a need, first and foremost, for an ethical
decision on self-restraint everywhere where the imbalances so far created no longer
spontaneously correct themselves,

M. whereas every couple has the inalienable right to opt for responsible parenthood,

N. whereas all family planning policies must be founded on a due regard for the fundamental

rights and freedom of choice of the individual ; whereas any move to use coercion —
regardless of the institution behind it — is completely unacceptable and must be rejected as
unethical, since forcible population policy ( either to increase or reduce the population ) is a
highly questionable and often brutal form of interference in people 's private lives,

O. concerned at the distortions in demographic patterns caused by AIDS, which may alter the

population structures of certain countries,

P. whereas with regard to issues concerned with self-restraint in consumer behaviour,
population density and population trends, consumption or conservation of natural resources,
international environmental pollution and the like, the European Union has so far displayed
inaction or simply made statements,

Q. whereas it is important to consider demographic issues from an ethical point of view in order

to avoid adopting a merely economic approach to them ;

1 . Stresses that the socio-economic growth of the poorest peoples depends primarily on the
solidarity of rich peoples, on the establishment of trade relations between developed and
developing countries which are fair and opposed to any form of exploitation, and on education
based on the values of life, the family, solidarity, responsibility, and thorough vocational training
for young people ;

No C 91 / 342 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

2 . Emphasizes the link, specific to each case, between a balanced population density and
socio-economic development and takes the view that economic and commercial structures which
are fair for all peoples are needed if excessive population growth is to be corrected by means of a
comprehensive equalization of social conditions ;

3 . Takes the view that the formulation and implementation by the Union of an effective policy
with comprehensive objectives to achieve population balance and sustainable development
towards international equity are preconditions for practical action ;

4 . Calls accordingly for intensified and better coordinated efforts by the Member States and
the European Union ;

5 . Calls for the Commission to establish the appropriate preconditions in terms of staffing and
organizational arrangements to enable it to formulate the objectives called for in paragraph 3 in
an appropriate manner and ensure that they are taken into account in all other fields of policy ;

6 . Considers that statistical systems equipped to collect reliable data and family planning
services should be set up in the developing countries ;

7 . Is aware that a process of rethinking is needed both in industrialized and in relatively
unindustrialized countries and urges that this process be reciprocal so that both parties remove
part of the burden on the global environment in accordance with their specific responsibility and
capacities ;

8 . Stresses that the main thrust behind this change of approach will come from women,
provided that the social, economic and cultural preconditions are right, and therefore recom ­
mends the active promotion of self-organization and improvements in women 's educational and
occupational opportunities in both developing and industrialized countries ;

9 . Takes the view that no authoritarian family planning policy of any kind — whether to
increase or limit population — would be ethically acceptable, and calls for all family planning
measures to take full account of the cultural, social and economic conditions of the population
concerned and the basic requirements of international justice ;

10 . Calls for family planning to be planned, decided, organized and implemented by the
population concerned, and especially by women, and to form part of a broad health policy which
should also include psychological, health and social assistance in dealing with difficult or
unwanted pregnancies ; takes the view that appropriate and suitably sensitive advisory services
( accessible both to women and to their male partners ) could help to provide the necessary
information ; calls for NGOs and relevant local associations to be given the opportunity to play a
central part in this ;

11 . Takes the view that family policy should also provide for the education of, and the
promotion of literacy among, adolescents and young people of both sexes, and should include the
provision of information on reliable and legal methods of birth control — which could be
undertaken as part of schooling and vocational training as well as in other social learning
processes, through the media and so on — and stresses the fundamental role of education for

women ;

1 2 . Believes that it should be possible for free decisions of women or couples to employ birth
control measures to be carried out without any financial burden or social impediments ;

13 . Calls on the Commission and Member States to ensure that they do not provide any
support for family planning programmes which involve coercive measures or health risks for the
people concerned ;

14 . Considers that, given the interaction between demographic and economic factors, secure
prospects must be offered to women and men in the areas of employment and the equitable
distribution of resources, land, appropriate technology, education and access to credit, and that
family support programmes, child care and pension schemes must be altered accordingly ;

28 . 3 . 94 Official Journal of the European Communities No C 91 / 343

Friday, 11 March 1994

1 5 . Firmly believes that it should be actively involved in the third United Nations International
Conference on Population and Development in Cairo in September 1994 ;

16 . Urges the Commission to pay greater attention to the demographic impact of large-scale
development programmes, not least in the area of health care and education, particularly in view
of the need to improve the level of women 's education and their social status ;

17 . Insists that the Commission and Council should always inform and consult it promptly
with regard to Union plans and measures, particularly with reference to the Union 's participation
in the forthcoming world population conference in Cairo, to which it resolves to send a
delegation ;

18 . Instructs its President to forward this resolution to the Commission, the Council, the
Co-Presidents of the ACP-EEC Joint Assembly, the governments of the Member States and the
UN Secretary-General .

27 . Refugees in Africa

A3-0049 / 94

Resolution on refugees in Africa

The European Parliament,

— having regard to the motion for a resolution by Mr Alvarez de Paz and Mr Arbeloa Muru on

refugees in Africa ( B3-0053 / 92 ),

— having regard to Rule 45 of its Rules of Procedure,

— having regard to the report of the Committee on Development and Cooperation ( A3 ­

0049 / 94 ),

A. recognizing the gravity of the situation of refugees in Africa who number almost 6,5 million,

and bearing in mind that this figure covers only African refugees who have been granted
asylum in another African country, as recorded by the UNHCR,

B. whereas the number of displaced persons within individual countries has increased
substantially in recent years and now exceeds 13,5 million,

C. whereas the OAU has broadened the definition set out in the 1 95 1 Geneva Convention and in
the 1967 Protocol, to the effect that any person who, as a result of military attack, foreign
occupation, foreign domination or events which seriously disrupt public order in all or part of
his country of origin or country of nationality, is forced to leave his normal place of residence
and seek refuge elsewhere outside his country of origin or country of nationality should be
regarded as a refugee ; whereas the European Union and the Member States should endorse,
through their policy in this area, this broader definition of the status of refugee,

D. concerned that international attention is no longer focused on Africa and that the problem of

African refugees is being to a great extent ignored,

E. concerned also

— on the one hand, by the way in which the governments and oppositions in the countries

of origin and host countries are exploiting these refugees politically in their internal and
external conflicts, in a way which is serving to destabilize the countries concerned,

— on the other, by the role which certain groups of refugees play in their host countries by

taking up arms with rebellious forces, thereby endangering the stability of such countries
and the safety of their peoples,

No C 91 / 344 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

F. disturbed by the conditions in which so many African refugees subsist, the majority of them
women and children facing extreme physical and moral depravation and danger,

G. whereas the increase in the number of refugees is also due to the break-up of states such as

Somalia, Liberia and Burundi, and the ensuing civil wars,

H. concerned that certain Member States have refused to grant Somali refugee status on the

grounds that the Geneva Convention makes such status conditional on the existence of state
persecution in the refugee 's country of origin,

I. aware of the remarkable ability of African societies to absorb large numbers of refugees,
without which many more would have to be accommodated in camps,

J. whereas

— on the one hand, refugees settled in a host country may be shunned by the local

population, whether on the grounds of ethnic, tribal or other differences or because such
groups of refugees are regarded as receiving ' privileged treatment ' in the form of aid
from the community,

— on the other, the arrival of refugees places a further strain on the already unstable

economic and social situation in the host countries,

K. concerned by the fact that many African states are now returning groups of refugees to their

countries of origin or countries of nationality, regardless of the dangers they face there,

L. noting that Community refugee policy was formulated largely as a result of initiatives by and
pressure from the European Parliament,

1 . Calls on the European Community and its Member States to address the fundamental
causes that give rise to refugees and displaced persons when formulating cooperation and
development policies with African countries, whether through the Lome Convention, the
Mediterranean agreements and protocols, or bilateral arrangements ;

2 . Believes that policies aimed at improving economic conditions, reducing discrimination
against ethnic, religious or social groups, furthering respect for human rights and good
governance and avoiding the outbreak of armed conflicts are the best means of avoiding future
refugee flows ;

3 . Is convinced that security and conflict settlement must no longer be viewed in purely
military terms as they are intimately connected with economic, environmental and social
development ;

4 . Believes that, in view of the tension between the conflicting parties on certain key points, it
could in the future play a valuable role as broker and conciliator in the various African regional
meetings held in an effort to solve the problems of refugees ;

5 . Insists on refugee assistance being fully integrated into overall national and regional
development policies and development aid, and on its including not only temporary, but also
permanent aid measures ;

6 . Calls for the setting up of early warning systems and the establishment of food and
emergency stocks as a logistic precaution to reduce as much as possible the impact of natural
disasters including droughts, famines and floods which give rise to refugees ;

7 . Pays tribute to the invaluable contribution of the UNHCR and other agencies and NGOs to
the relief and rehabilitation of refugees ;

8 . Recognizes the vital role played by the European Community, through the Commission and
its delegates, in working with specialized agencies and African governments for the protection,
subsistence and ultimate integration, voluntary repatriation or resettlement of refugees ;

28 . 3 . 94 Official Journal of the European Communities No C 91 / 345

Friday, 11 March 1994

9 . Sees the need for enhanced assistance for refugees and displaced persons both through the
Lome Convention ( Article 225 ) and the EC budget, while recognizing that such aid is only a
palliative and that the freely consented return or the integration of refugees into society
constitutes the only long-term solution and must, consequently, be the long-term aim of
Community refugee assistance policy ;

10 . Calls for greater harmonization of policies and coordination of aid between the
Community and the Member States in the light of the Treaty on European Union ;

11 . Points out that the proportion of women and children among refugees is generally
disproportionately high and appeals for every effort to be made to ensure their protection and
well-being ;

1 2 . Is fully aware of the special need for education and vocational training for refugees so as to
facilitate their reintegration into normal society ;

13 . Recognizes the special role of the EC Humanitarian Office ( ECHO ) in coordinating and
implementing a European Union strategy and overall policy on refugees, welcomes the recent
signature of a framework partnership agreement with the UNHCR and insists on the Commun ­
ity 's right of control over the funds and materials it provides to UN agencies ;

14 . Is aware of the serious effects of refugees on the environment since, through their use of
soil, fuel and water resources, they can upset delicate ecological balances ; calls for vigilance and
preventive measures on the part of the UNHCR and other relevant agencies, and of host
countries, aimed at protecting the environment ;

15 . Notes that an increasing number of people in Africa are becoming economic refugees as a
result of environmental degradation, desertification, soil erosion and water shortages ; stresses
the link between environmental management and the creation of refugees and urges that the
causes of water shortages should be tackled with a view to solving the problems they create ;

16 . Calls for asylum application cases from countries in which state authority is no longer
exercised, such as Somalia, Liberia and Burundi, to be examined in the light of the actual state of
affairs in each of those countries ;

17 . Notes the restrictive attitude of most European Community governments with regard to
applications for refugee or asylum status, compounded by the Schengen Agreement ; calls for
flexibility where real humanitarian reasons exist and insists that the procedures laid down in the
Geneva Convention be respected scrupulously ;

18 . Instructs its President to forward this resolution to the Council, the Commission, the
governments of the Member States, the UNHCR and the NGO Liaison Committee .

### 28 . Import tariff quota for beef and veal *

A3-0120 / 94

Proposal for a Council Regulation ( EC ) opening for 1994, as an autonomous measure, a special
import tariff quota for high-quality fresh, chilled or frozen beef and veal falling within CN codes
0201 and 0202 and for products falling within CN codes 0206 10 95 and 0206 29 91 ( COM(93)0478

— C3-0009 / 94 )

The proposal was approved .

No C 91 / 346 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

Legislative resolution embodying the opinion of the European Parliament on the proposal for a
Council Regulation ( EC ) opening for 1994, as an autonomous measure, a special import tariff
quota for high-quality fresh, chilled or frozen beef and veal falling within CN codes 0201 and

0202 and for products falling within CN codes 0206 10 95 and 0206 29 91

( Consultation procedure )

The European Parliament,

— having regard to the Commission proposal to the Council ( CC)M(93)0478 ) ('),

— having been consulted by the Council pursuant to Article 43 of the EC Treaty ( C3-0009 / 94 ),

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

opinions of the Committee on Agriculture, Fisheries and Rural Development and the
Committee on Budgets ( A3-0 120 / 94 ),

1 . Approves the Commission proposal ;

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

(') OJC4, 6.1.1994, p. 9 .

29 . Export of pesticides to Albania

B3-0314 / 94

Resolution on exports of pesticides from the European Union to Albania under the Phare

programme

The European Parliament,

A. whereas agricultural pesticides are absorbed by various kinds of plant and vegetable which

are consumed by humans and animals,

B. whereas, through absorption in the soil, pesticides can find their way into, and pollute, rivers,
lakes and the groundwater and kill fauna and flora,

C. whereas the majority of the Member States of the European Union are in favour of a full and
permanent ban on exports of waste from the industrialized OECD countries to third
countries,

D. whereas European undertakings are continuing to send to the Republic of Albania, as

humanitarian aid, pesticides which are considered toxic waste since their use-by date has
passed and many of them have already been banned,

1 . Calls on the Commission and all the bodies responsible for the implementation of the Phare
Programme to take immediate action to ensure that toxic pesticides are withdrawn from the
market ;

2 . Calls for an inquiry to be held to shed light on this matter and to establish who is responsible
for the destruction of the ecological balance in the region in question ;

3 . Calls on the Commission to submit a report giving a detailed description of aid — including
the amount of aid — so far granted by the Community to Albania under the Phare Programme,
notably in the agricultural field ;

4 . Calls also on the Commission to submit its plans regarding future aid to Albania ;

28 . 3 . 94 Official Journal of the European Communities No C 91 / 347

Friday, 11 March 1994

5 . Calls on the Commission to say whether it checked whether the agri-chemical products
exported to Albania were needed before they were delivered and whether it intends to help
Albania resolve the problem of pesticides by destroying these substances in such a way as not to
damage the ecosystems and human health ;

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

No C 91 / 348 Official Journal of the European Communities 28 . 3 . 94

Fnday, 11 March 1994

ATTENDANCE REGISTER

11 March 1994

Ainardi, Alber, von Alemann, Anastassopoulos, Apolinano, Arbeloa Muru, Avgennos, Balfe,
Barata Moura, Barrera i Costa, Barton, Peter Beazley, Bertens, Bettini, Beumer, Bird, Bj0rnvig,
Blaney, Blot, Bofill Abeilhe, Boissiere, Bourlanges, Bowe, Brand, de Bremond d'Ars, Breyer,
Cabezόn Alonso, Cayet, Calvo Ortega, de la Camara Martinez, Canavarro, Casini, Caudron, lb
Christensen, Christiansen, Cingari, Coimbra Martins, Collins, Colom i Naval, Contu, Coppo
Gavazzi, Cot, Cox, Cunha Oliveira, Dalsass, Defraigne, Deprez, Dessylas, De Vries, Van Dijk,
Dillen, Duarte Cendan, Ephremidis, Ernst de la Graete, Estgen, Ewing, Fitzgerald, Fontaine,
Ford, Fourçans, Friedrich, Frimat, Fuchs, Funk, Gallenzi, Garcia, Garcia Amigo, Gawronski,
Goedmakers, Gonzalez Alvarez, Graefe zu Baringdorf, Green, Guermeur, Guidolin, Giinther,
Gutierrez Diaz, Habsburg, Hadjigeorgiou, Haller von Hallerstein, Hansch, Happart, Harrison,
Herman, Hermans, Hoff, Holzfuss, Hory, Hughes, Iacono, Isler Beguin, Christopher M. Jackson,
Karellis, Kellett-Bowman, Klaus-Peter Köhler, Lagakos, Lalor, Landa Mendibe, Lane,
Langenhagen, Lannoye, Larive, Lataillade, Lemmer, Lenz, Lo Giudice, Lulling, Luster, Maher,
Maibaum, Malangré, David D. Martin, Martinez, Medina Ortega, Melchior, Mendez de Vigo,
Miranda de Lage, Morodo Leoncio, Neubauer, Newman, Newton Dunn, Nianias, Nielsen,
Nordmann, Oddy, Onesta, Oostlander, Pagoropoulos, Papoutsis, Partsch, Patterson, Pery,
Pesmazoglou, Peter, Peters, Piecyk, Piermont, Pierros, Pinton, Piquet, Ferruccio Pisoni,
Poettering, Pollack, Pons Grau, Prag, Prout, Punset i Casals, Van Putten, Querbes, Quistorp,
Raffin, Raftopoulos, Randzio-Plath, Read, Reding, Reymann, Ribeiro, R0nn, Saby, Sakellariou,
Samland, Sandbaek, Sanz Fernandez, Saridakis, Schiedermeier, Schlee, Schleicher,
Schmidbauer, Schodruch, Schonhuber, Seligman, Sierra Bardaji, Simeoni, Sisó Cruellas,
Sonneveld, Staes, Stamoulis, Stavrou, Stewart, Stewart-Clark, Tauran, Telkämper, Theato,
Thyssen, Tindemans, Titley, Tomlinson, Tongue, Torres Couto, Tsimas, Turner, Ukeiwe,
Valverde Lopez, Vandemeulebroucke, Van Hemeldonck, Vayssade, Vazquez Fouz, Vecchi,
Verbeek, Verde i Aldea, Vittinghoff, Vohrer, von der Vring, von Wechmar, Wettig, White,
Wijsenbeek, Wilson, von Wogau, Woltjer, Wynn .

Observers from the former GDR

Göpel, Kertscher, Kosler, Meisel, Romberg, Schröder, Tillich .

28 . 3 . 94 Official Journal of the European Communities No C 91 / 349

Friday, 11 March 1994

ANNEX

Result of roll-call votes

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

### 1 . Visser report A3 - 0067 / 94

paragraph 16 ( first part )

(+)

LDR : Cayet, Defraigne, Larive, Maher, von Wechmar, Wijsenbeek

NI : Gonzalez Alvarez, Gutiérrez Diaz

PPE : Beazley Peter, Beumer, de Bremond d'Ars, Casini, Deprez, Fontaine, Fourçans, Funk,
Günther, Habsburg, Haller von Hallerstein, Herman, Hermans, Jackson Christopher M.,
Kellett-Bowman, Klepsch, Langenhagen, McCartin, Melchior, Mendez de Vigo, Newton Dunn,
Oostlander, Patterson, Pesmazoglou, Pisoni Ferruccio, Poettenng, Prag, Prout, Schiedermeier,
Schleicher, Seligman, Sisó Cruellas, Sonneveld, Stavrou, Stewart-Clark, Theato, Thyssen,
Tindemans, Turner, Valverde Lopez, von Wogau

PSE : Arbeloa Muru, Avgennos, Balfe, Barton, Bird, Cabezόn Alonso, Caudron, Collins, Cot, da
Cunha Oliveira, Fuchs, Goedmakers, Gôrlach, Green, Harrison, Hoff, Karellis, Maibaum,
Martin David W., Medina Ortega, Miranda de Lage, Pagoropoulos, Pollack, Pons Grau,
Sakellariou, Sanz Fernández, Sierra Bardaji, Titley, Tomlinson, Tongue, Vázquez Fouz, Wilson,
Wynn

RDE : Lalor, Lane, Lataillade, Ukeiwe

V : Bettini, Boissière, van Dijk, Graefe zu Baringdorf, Verbeek

( O )

ARC : Blaney

LDR : Partsch

### 2 . Visser report A3-0067 / 94

paragraph 16 ( second part )

(+)

CG : Barata Moura

LDR : Cayet, Nordmann, Partsch, von Wechmar, Wijsenbeek

NI : Gonzalez Alvarez, Gutiérrez Diaz

PSE : Arbeloa Muru, Avgennos, Balfe, Bird, Cabezόn Alonso, Caudron, Collins, Cot, da Cunha
Oliveira, Duarte Cendan, Fuchs, Goedmakers, Görlach, Green, Harrison, Hoff, Hughes, Karellis,
Maibaum, Martin David W., Medina Ortega, Miranda de Lage, Newman, Pagoropoulos,
Pollack, Pons Grau, Raftopoulos, Sakellariou, Sanz Fernandez, Sierra Bardajf, Stamoulis, Titley,
Tomlinson, Tongue, Tsimas, Vazquez Fouz, White, Wilson, Wynn

RDE : Lane, Lataillade, Ukeiwe

V : Bettini, Boissiere, van Dijk, Raffin, Verbeek

                      (

LDR : Defraigne

PPE : Beazley Peter, Beumer, Brand Hans-Jürgen, de Bremond d'Ars, Casini, Coppo Gavazzi,
Deprez, Fontaine, Fourçans, Funk, Günther, Guidolin, Habsburg, Haller von Hallerstein,
Herman, Hermans, Jackson Christopher M., Kellett-Bowman, Klepsch, Langenhagen,
McCartin, Melchior, Mendez de Vigo, Newton Dunn, Oostlander, Patterson, Pesmazoglou,

No C 91 / 350 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

Pisoni Ferruccio, Poettering, Prag, Prout, Schiedermeier, Schleicher, Seligman, Sisó Cruellas,
Sonneveld, Stavrou, Stewart-Clark, Theato, Thyssen, Tindemans, Turner, Val verde Lopez, von
Wogau

RDE : Lalor

( O )

ARC : Blaney

LDR : Maher

3 . Visser report A3-0067 / 94

paragraph 17

(+)

ARC : Blaney, Ewing

CG : Barata Moura, Querbes

LDR : Cayet, Defraigne, Maher, Partsch, von Wechmar, Wijsenbeek

NI : Gonzalez Alvarez, Gutiérrez Diaz

PSE : Balfe, Bird, Bofill Abeilhe, Cabezόn Alonso, de la Camara Martinez, Caudron, Collins,
Cot, da Cunha Oliveira, Duarte Cendan, Fuchs, Goedmakers, Görlach, Green, Harrison, Hoff,
Hughes, Karellis, Maibaum, Martin David W., Medina Ortega, Miranda de Lage, Pagoropoulos,
Pollack, Pons Grau, R0nn, Sakellariou, Sanz Fernandez, Sierra Bardaji, Stamoulis, Stewart,
Titley, Tongue, Tsimas, Vazquez Fouz, White, Wilson, Wynn

RDE : Lane, Lataillade, Ukeiwe

V : Bettini, Boissiere, Breyer, van Dijk, Graefe zu Banngdorf, Raffin, Verbeek

PPE : Beazley Peter, Beumer, Brand Hans-Jürgen, de Bremond d ' Ars, Casini, Deprez, Fontaine,
Fou9ans, Funk, Günther, Guidolin, Habsburg, Haller von Hallerstein, Herman, Jackson
Christopher M., Kellett-Bowman, Klepsch, McCartin, Melchior, Mendez de Vigo, Newton
Dunn, Patterson, Pesmazoglou, Pisoni Ferruccio, Prag, Schiedermeier, Seligman, Sisó Cruellas,
Sonneveld, Stavrou, Stewart-Clark, Theato, Thyssen, Tindemans, Turner, Valverde López, von
Wogau

RDE : Lalor

4 . Visser report A3-0067 / 94

# paragraph 20 ( first part )

+

ARC : Barrera i Costa, Ewing

CG : Barata Moura

LDR : Cayet, Larive, Maher, Nordmann, Partsch, von Wechmar, Wijsenbeek

NI : Gonzalez Alvarez, Gutiérrez Diaz

PPE : Beazley Peter, Beumer, Brand Hans-Jürgen, de Bremond d'Ars, Casini, Coppo Gavazzi,
Deprez, Fontaine, Fouçans, Funk, Günther, Guidolin, Habsburg, Haller von Hallerstein,
Herman, Hermans, Jackson Christopher M., Klepsch, Lagakos, Langenhagen, McCartin,
Melchior, Mendez de Vigo, Newton Dunn, Oostlander, Patterson, Pesmazoglou, Pisoni
Ferruccio, Poettering, Prag, Prout, Schiedermeier, Schleicher, Seligman, Sisó Cruellas,
Sonneveld, Stavrou, Stewart-Clark, Theato, Thyssen, Tindemans, Turner, Valverde López, von
Wogau

28 . 3 . 94 Official Journal of the European Communities No C 91 / 351

Friday, 11 March 1994

PSE : Arbeloa Muru, Avgerinos, Balfe, Barton, Bird, Bofill Abeilhe, Cabezόn Alonso, de la
Camara Martinez, Caudron, Collins, Cot, da Cunha Oliveira, Duarte Cendan, Fuchs,
Goedmakers, Görlach, Green, Harrison, Hoff, Hughes, Karellis, Maibaum, Martin David W.,
Medina Ortega, Miranda de Lage, Newman, Pagoropoulos, Pollack, Pons Grau, Raftopoulos,
R0nn, Sakellariou, Sanz Fernandez, Sierra Bardajf, Stamoulis, Stewart, Titley, Tomlinson,
Tongue, Tsimas, Vayssade, Vazquez Fouz, White, Wilson, Wynn

RDE : Lalor, Lane, Lataillade, Ukeiwe

V : Bettini, Boissière, van Dijk, Graefe zu Baringdorf, Lannoye, Raffin, Verbeek

( O )

ARC : Blaney

DR : Tauran

LDR : Defraigne

### 5 . Visser report A3-0067 / 94

paragraph 20 ( second part )

(+)

CG : Barata Moura

NI : Gonzalez Alvarez, Gutierrez Diaz

PPE : de Bremond d'Ars, Funk

PSE : Avgerinos, Balfe, Barton, Bird, Bofill Abeilhe, Cabezόn Alonso, de la Camara Martinez,
Caudron, Collins, Cot, da Cunha Oliveira, Fuchs, Goedmakers, Görlach, Green, Harrison, Hoff,
Hughes, Karellis, Maibaum, Medina Ortega, Miranda de Lage, Newman, Pagoropoulos,
Pollack, Pons Grau, Raftopoulos, R0nn, Sakellariou, Sanz Fernandez, Sierra Bardajf, Stewart,
Titley, Tomlinson, Tongue, Tsimas, Vayssade, Vazquez Fouz, White, Wilson, Wynn

RDE : Lane

V : Bettini, Boissière, Breyer, van Dijk, Graefe zu Banngdorf, Raffin, Verbeek

                      

LDR : Cayet, Defraigne, Maher, Partsch, von Wechmar, Wiisenbeek

PPE : Beazley Peter, Beumer, Brand Hans-Jürgen, Casini, Coppo Gavazzi, Deprez, Fontaine,
Fourçans, Giinther, Guidolin, Habsburg, Haller von Hallerstein, Herman, Jackson Christopher
M., Kellett-Bowman, Klepsch, McCartin, Melchior, Mendez de Vigo, Newton Dunn, Patterson,
Pesmazoglou, Pisoni Ferruccio, Prag, Schiedermeier, Seligman, Sisó Cruellas, Sonneveld,
Stavrou, Stewart-Clark, Theato, Thyssen, Tindemans, Turner, Valverde Lopez, von Wogau

RDE : Lalor

( O )

ARC : Blaney

DR : Tauran

### 6 . Visser report A3 - 0067 / 94

paragraph 20 ( third part )

(+)

ARC : Barrera i Costa, Ewing

CG : Barata Moura

LDR : Cayet, Defraigne, Lanve, Nordmann, Partsch, von Wechmar, Wijsenbeek

No C 91 / 352 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

NI : Gonzalez Alvarez, Gutierrez Diaz

PPE : Beazley Peter, Brand Hans-Jürgen, de Bremond d Ars, Casini, Deprez, Fontaine,
Fourçans, Funk, Günther, Guidolin, Habsburg, Haller von Hallerstein, Herman, Jackson
Christopher M., Kellett-Bowman, Klepsch, Lagakos, Langenhagen, McCartin, Melchior,
Mendez de Vigo, Newton Dunn, Oostlander, Patterson, Pesmazoglou, Pisoni Ferruccio,
Poettering, Prag, Prout, Schiedermeier, Schleicher, Seligman, Sisó Cruellas, Sonneveld,
Stavrou, Stewart-Clark, Theato, Thyssen, Tindemans, Turner, Valverde López, von Wogau

PSE : Avgennos, Balfe, Bofill Abeilhe, de la Camara Martinez, Collins, Cot, da Cunha Oliveira,
Goedmakers, Görlach, Green, Harrison, Hoff, Hughes, Karellis, Maibaum, Martin David W.,
Medina Ortega, Miranda de Lage, Pagoropoulos, R0nn, Sakellariou, Sanz Fernandez, Sierra
Bardaji, Stamoulis, Stewart, Tsimas, Vazquez Fouz, White, Wilson

RDE : Lalor, Lane, Ukeiwe

V : Bettini, Boissiere, Breyer, van Dijk, Graefe zu Baringdorf, Lannoye, Verbeek

                       

RDE : Lataillade

( O )

ARC : Blaney

7 . Visser report A3-0067 / 94

paragraph 20 ( fourth part )

+

ARC : Barrera i Costa, Ewing

CG : Barata Moura

DR : Tauran

LDR : Cayet, Defraigne, Maher, Nordmann, Partsch, von Wechmar, Wijsenbeek

NI : Gonzalez Alvarez, Gutiérrez Diaz

PPE : Beazley Peter, Beumer, Brand Hans-Jürgen, de Bremond d ' Ars, Casini, Deprez, Fontaine,
Fourçans, Funk, Günther, Guidolin, Habsburg, Haller von Hallerstein, Herman, Jackson
Christopher M., Kellett-Bowman, Klepsch, Langenhagen, McCartin, Melchior, Mendez de
Vigo, Newton Dunn, Patterson, Pesmazoglou, Pisoni Ferruccio, Poettering, Prout,
Schiedermeier, Seligman, Sisó Cruellas, Sonneveld, Stavrou, Theato, Thyssen, Tindemans,
Turner, Valverde López, von Wogau

PSE : Arbeloa Muru, Avgennos, Balfe, Barton, Bird, Bofill Abeilhe, Cabezón Alonso, de la
Cámara Martínez, Caudron, Collins, Cot, da Cunha Oliveira, Duarte Cendán, Fuchs,
Goedmakers, Górlach, Green, Harrison, Hoff, Hughes, Karellis, Maibaum, Martin David W.,
Medina Ortega, Miranda de Lage, Newman, Pagorοpoulos, Pollack, Pons Grau, Raftopoulos,
Rønn, Sakellariou, Sanz Fernández, Sierra Bardají, Stamoulis, Titley, Tongue, Vázquez Fouz,
White, Wilson, Wynn

RDE : Lalor, Lane, Lataillade, Ukeiwé

V : van Dijk, Raffin, Verbeek

                       

PPE : Oostlander, Schleicher

( O )

ARC : Blaney

28 . 3 . 94 Official Journal of the European Communities No C 91 / 353

Friday, 11 March 1994

### 8 . Visser report A3-0067 / 94

paragraph 23

(+)

ARC : Barrera l Costa

CG : Barata Moura

LDR : Cayet, Defraigne, Maher, Nofdmann, Partsch, von Wechmar, Wijsenbeek

NI : Gonzalez Alvarez, Gutiérrez Diaz

PPE : Beazley Peter, Brand Hans-Jürgen, de Bremond d'Ars, Casini, Deprez, Fontaine,
Fourçans, Funk, Günther, Guidolin, Habsburg, Haller von Hallerstein, Herman, Hermans,
Jackson Christopher M., Kellett-Bowman, Klepsch, Langenhagen, McCartin, Melchior, Mendez
de Vigo, Newton Dunn, Oostlander, Patterson, Pesmazoglou, Pisoni Ferruccio, Poettering, Prag,
Prout, Schiedermeier, Schleicher, Seligman, Sisó Cruellas, Sonneveld, Stavrou, Stewart-Clark,
Theato, Thyssen, Tindemans, Turner, Valverde López, von Wogau

PSE : Avgennos, Balfe, Barton, Bird, Bofill Abeilhe, Cabezόn Alonso, de la Camara Martinez,
Caudron, Collins, Cot, da Cunha Oliveira, Duarte Cendan, Fuchs, Goedmakers, Görlach, Green,
Harrison, Hoff, Hughes, Karellis, Maibaum, Martin David W., Medina Ortega, Miranda de Lage,
Newman, Pagoropoulos, Pollack, Pons Grau, Raftopoulos, R0nn, Sakellariou, Sanz Fernandez,
Sierra Bardajf, Stewart, Titley, Tongue, Vazquez Fouz, White, Wilson, Wynn

RDE : Lalor, Lane, Lataillade, Ukeiwe

V : Bettini, Boissiere, Breyer, van Dijk, Graefe zu Banngdorf, Lannoye, Verbeek

9 . Joint resolution — fisheries

(+)

ARC : Blaney, Ewmg, Simeoni

CG : Barata Moura, Querbes

LDR : Cayet, Nordmann

NI : Gonzalez Alvarez

PPE : Beazley Peter, Beumer, Brand Hans-Jürgen, de Bremond d'Ars, Casini, Coppo Gavazzi,
Deprez, Fontaine, Garcia Amigo, Günther, Guidolin, Haller von Hallerstein, Herman, Klepsch,
Langenhagen, Lulling, McCartin, Melchior, Mendez de Vigo, Newton Dunn, Patterson, Pierros,
Poettering, Prag, Reymann, Schiedermeier, Sonneveld, Stavrou, Stewart-Clark, Theato,
Thyssen, Tindemans, Turner, von Wogau

PSE : Duarte Cendan

RDE : Guermeur, Lalor

V : Bettini, van Dijk, Ernst de la Graete, Graefe zu Banngdorf, Raffin, Verbeek

                      (

LDR : von Alemann, Defraigne, Lanve, Maher, Partsch, von Wechmar

PPE : Kellett-Bowman, Pisoni Ferruccio, Seligman, Valverde López

PSE : Avgerinos, Balfe, Barton, Bird, Bofill Abeilhe, Cabezón Alonso, de la Cámara Martínez,
da Cunha Oliveira, Ford, Goedmakers, Górlach, Harrison, Karellis, Maibaum, Martin David W.,
Medina Ortega, Pollack, Pons Grau, van Putten, Raftopoulos, Saby, Sakellariou, Schmidbauer,
Sierra Bardají, Tongue, Van Hemeldonck, Vayssade, Vázquez Fouz, Wynn

No C 91 / 354 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

10 . Blaney report A3                    - 01 03 / 94

Amendment 5

(+)

ARC : Blaney, Ewing, Simeoni

LDR : von Alemann, Cayet, Defraigne, Garcia, Larive, Maher, Nordmann, Partsch

PPE : de Bremond d'Ars, Langenhagen, McCartin

RDE : Lalor

V : Bettini, Breyer, Raffin, Verbeek

                       

NI : Pinton

PPE : Beazley Peter, Beumer, Brand Hans-Jürgen, Casini, Coppo Gavazzi, Deprez, Garcia
Amigo, Giinther, Guidolin, Haller von Hallerstein, Herman, Kellett-Bowman, Klepsch, Lulling,
Melchior, Mendez de Vigo, Newton Dunn, Patterson, Pierros, Pisoni Ferruccio, Poettering, Prag,
Prout, Reymann, Schiedermeier, Seligman, Sisó Cruellas, Sonneveld, Stavrou, Stewart-Clark,
Theato, Thyssen, Tindemans, Turner, Valverde Lopez, von Wogau

PSE : Avgerinos, Balfe, Bird, Bofill Abeilhe, Cabezόn Alonso, de la Cάrnara Martinez, da Cunha
Oliveira, Goedmakers, Görlach, Harrison, Karellis, Maibaum, Martin David W., Medina Ortega,
Pollack, Pons Grau, van Putten, Raftopoulos, Saby, Sakellariou, Schmidbauer, Sierra Bardaji,
Vayssade, Wynn

### 11 . Blaney report A3-0 103 / 94

Amendment 9

(+)

ARC : Simeoni

LDR : Maher

PPE : Beazley Peter, Beumer, Brand Hans-Jürgen, Casini, Coppo Gavazzi, Garcia Amigo,
Giinther, Guidolin, Haller von Hallerstein, Herman, Hermans, Kellett-Bowman, Klepsch,
Langenhagen, Lulling, Melchior, Mendez de Vigo, Newton Dunn, Patterson, Pierros, Pisoni
Ferruccio, Poettering, Prag, Prout, Reymann, Schiedermeier, Seligman, Sisó Cruellas,
Sonneveld, Stavrou, Stewart-Clark, Theato, Thyssen, Tindemans, Turner, Valverde Lopez

PSE : Avgerinos, Balfe, Bird, Bofill Abeilhe, Cabezón Alonso, de la Cámara Martinez, da Cunha
Oliveira, Duarte Cendán, Ford, Goedmakers, Górlach, Green, Harrison, Karellis, Maibaum,
Martin David W., Medina Ortega, Pollack, Pons Grau, van Putten, Raftopoulos, Saby,
Schmidbauer, Sierra Bardají, Vayssade, Wynn

(-)

ARC : Blaney, Ewing

LDR : von Alemann, Cayet, Defraigne, Garcia, Larive, Nordmann, Partsch

NI : Gonzalez Alvarez

PPE : de Bremond d'Ars, McCartin, von Wogau

RDE : Lalor

V : Bettini, Breyer, Ernst de la Graete, Raffin, Verbeek

28 . 3 . 94 Official Journal of the European Communities No C 91 / 355

Friday, 11 March 1994

### 12 . Nordmann report A3 - 0052 / 94

Amendment 1

(+)

PPE : Brok, Casini, Contu, Coppo Gavazzi, Estgen, Guidolin, Habsburg, Kellett-Bowman,
Lulling, Patterson, Reding, Schiedermeier, Sonneveld

RDE : Lalor

(-)

LDR : Cayet, Maher, Nordmann, Partsch, Vohrer

PPE : de Bremond d'Ars

PSE : Apolinário, da Cunha Oliveira, Medina Ortega, Pons Grau, Raftopoulos, R0nn, Sierra
Bardaji

V : Boissiere, Ernst de la Graete

( O )

ARC : Simeoni

V : Raffin

13 . Nordmann report A3                    - 0052 / 94

Amendment 3

(+)

LDR : Cayet, Mäher, Nordmann, Partsch, Vohrer

PPE : de Bremond d'Ars, Brok, Casini, Contu, Coppo Gavazzi, Estgen, Guidolin, Habsburg,
Kellett-Bowman, Lulling, Patterson, Reding, Schiedermeier, Sonneveld

RDE : Lalor

H

PSE : Apolinário, da Cunha Oliveira, Medina Ortega, Pons Grau, Raftopoulos, R0nn, Sierra
Bardaji

( O )

ARC : Simeoni

V : Boissiere, Ernst de la Graete, Raffin

### 14 . Nordmann report A3-0052 / 94

Amendment 5

(+)

PPE : Brok, Casmi, Contu, Coppo Gavazzi, Estgen, Guidolin, Habsburg, Kellett-Bowman,
Lulling, Patterson, Reding, Schiedermeier, Sonneveld

RDE : Lalor, Lane

(-)

LDR : Cayet, Maher, Nordmann, Partsch, Vohrer

PPE : de Bremond d'Ars

No C 91 / 356 Official Journal of the European Communities 28 . 3 . 94

Friday, 11 March 1994

PSE : Apolinário, da Cunha Oliveira, Medina Ortega, Pons Grau, Raftopoulos, R0nn, Sierra
Bardai í

V : Boissiere, Ernst de la Graete

( O )

ARC : Simeoni

V : Raffin