Vote

Parliament adopted a draft resolution on the transfer of personal passenger data to the United States For a year now, the USA has been requiring European air carriers to hand over data such as names, credit card numbers, phone numbers and meal preferences of individuals who wish to fly to the USA. The American authorities want to use this information, which the airlines store in "passenger name records" (PNR), a sort of storage system, to identify potential terrorists before they can enter the US. The resolution follows the adoption in committee of a report on the subject by Johanna L.A. BOOGERD-QUAAK (ELDR, NL).

In the course of 2003, the European Commission worked out a draft agreement with the US on the obligations for European air carriers. This draft agreement will be voted in the committee next week and in plenary during the April session. Today, Parliament voted a resolution concerning the so-called adequacy finding the European Commission has presented.

Following privacy directive 1995/46/EC the Commission must, in the event of transfer of personal data to third countries, "assess the level of data protection afforded by a third country in the light of all the circumstances surrounding a data transfer operation or set of data transfer operations" (art. 25.2). In the Commission's adequacy finding, the Commission calls the level of protection the passenger data receive in the US 'adequate'. In the resolution that Parliament adopted today, MEPs call the level of data protection 'inadequate'.

In the resolution, MEPs point out that there exists no legal basis in the European Union for using PNR data for public security purposes and that, in the USA, the protection of privacy is not regarded as a fundamental right. In the USA, only US citizens are granted the right to data protection.

MEPs see the draft decision as unreliable, since it keeps open the option of amending the rules at any given time. They consider the importance of the issue to be such that they urge the Commission to reach a proper international agreement with the US that would offer genuine guarantees for passengers.

Such an agreement would need to stipulate:

• the guarantees to be offered to passengers in order to enable them to correct their data;
• the list of serious crimes for which an additional request for information could be made);
• the list of authorities and agencies which would share the data and the data protection conditions to be respected;
• the data retention period;
• the right to appeal to an independent authority and redress mechanisms in the event of infringements of passengers' rights.

Pending a permanent legislative solution or the conclusion of an international agreement, Parliament calls upon the Member States to require immediate compliance with EU and domestic privacy laws and to require airlines and travel agencies to obtain passengers' consent for the transfer of data. Furthermore, MEPs urge the Commission to block the pull system and to apply the push system.

The Commission is also asked to withdraw the draft decision and to submit to Parliament a new adequacy-finding decision (4). MEPs warn the Commission that they reserve the right to appeal to the Court of Justice should the Commission continue without taking account of Parliament's demands.

Press enquiries:
Danny de Paepe
(Strasbourg) tel.(33-3) 881 73605
(Brussels)  tel.(32-2) 28 42531
e-mail :  libe-press@europarl.eu.int

Vote

The House adopted a non-binding resolution on the European Evidence Warrant for obtaining objects, documents and data for use in proceedings in criminal matters.

Press enquiries:
Pia Siitonen
(Strasbourg) tel.(33-3) 881 73612
(Brussels)  tel.(32-2) 28 41498
e-mail :  libe-press@europarl.eu.int

Vote

Following the visit of a European Parliament delegation to Sudan from 19-24 February this year, MEPs adopted a joint resolution by 493 votes in favour, 6 against and 12 abstentions on the situation in Sudan. The House criticises systematic delays and obstruction by the Government of the Sudan with regard to access by humanitarian aid workers, in violation of the principle of the neutrality of humanitarian aid, and calls on the Government of the Sudan and rebel groups operating in Darfur to allow the United Nations, other aid organisations and ECHO permanent access to all regions of Darfur without restriction.

MEPs strongly condemn the targeting by the Janjaweed militias of civilians in the villages and in centres for displaced persons, which includes killings, the use of sexual violence against women, looting and general harassment, as well as forced recruitment, including of children. Parliament notes with the utmost concern the recent public statement made by Dr Mukesh Kaplia, UN Resident and Humanitarian Coordinator, stating that the situation in Darfur is akin to the biggest humanitarian and human rights crisis or catastrophe in the world today and that the violence in Darfur appears to be particularly targeted at a specific group, based on their ethnic identity, and appears to be systemised.

MEPs highlight the overwhelming evidence collected by the UN Resident and Humanitarian Coordinator, NGOs and journalists as to the Government of the Sudan's complicity in the atrocities committed by the Janjaweed militia against civilians in Darfur. The House calls on all parties involved in the conflict to refrain from the recruitment and use of child soldiers under the age of 18.

Parliament welcomes the progress in negotiations on a peace agreement between the Sudanese Government and the SPLM/A in Naivasha, Kenya. MEPs draw attention to the political importance of the peace process between the Sudanese Government and the SPLM/A in bringing to an end one of the longest-running conflicts in Africa, which has claimed almost two million lives and displaced four million people. The House insists, however, that peace in the Sudan can only be considered to be achieved when all parties involved in areas of conflict across the country agree to, and respect, a cease-fire, and when peace processes involving community and tribal leaders, MPs, civil society and women's groups as well as the warring factions have been undertaken and concluded, including in Darfur.

MEPs also note with concern that the sanctions imposed for adultery under Sharia law are detrimental to women in particular, as the evidence requirements are virtually never satisfied in the case of men whereas a pregnant woman is automatically considered guilty. Finally, the House considers that the application of elements of Sharia law is in breach of international law, including the International Covenant on Civil and Political Rights, to which the Sudan is a signatory.

Press enquiries:
Armelle Douaud
(Strasbourg) tel.(33-3) 881 74779
(Brussels)  tel.(32-2) 28 43806
e-mail :  deve-press@europarl.eu.int

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Parliament adopted an own-initiative report on Governance and Development.

Press enquiries:
Armelle Douaud
(Strasbourg) tel.(33-3) 881 74779
(Brussels)  tel.(32-2) 28 43806
e-mail :  deve-press@europarl.eu.int

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Parliament adopted a legislative resolution on EU-South Africa relations.

Press enquiries:
Armelle Douaud
(Strasbourg) tel.(33-3) 881 74779
(Brussels)  tel.(32-2) 28 43806
e-mail :  deve-press@europarl.eu.int

Vote

Because of the strategic nature of the Galileo European satellite navigation system and the shortage of time before the operational phase starts in 2008, there is an urgent need to set up an efficient and reliable management structure as soon as possible, to safeguard public interests. Parliament adopted a non-binding resolution drawn up by Alexander RADWAN (EPP-ED, D) which broadly welcomes the Commission proposal on the establishment of Galileo's management structures. On the key question of a potential security threat to the Union arising from the use of Galileo, MEPs acknowledge that it is the Council and the High Representative who are competent to act in this area. They also recognise that the Council is preparing a joint action setting out these powers.
The Commission proposal on establishing a management structure is concerned with the deployment phase, which is planned to begin in 2006, and with the ensuing operational phase from 2008. In fact, the Commission proposes setting up two authorities, a Supervisory Authority and a Security Centre. The proposed Supervisory Authority is to be a Commission institution; as the Commission owns the Galileo infrastructure it is also to be responsible for controlling the satellite navigation system. The Supervisory Authority will also monitor the use of the frequencies for which it holds user rights, for the period these are allocated by the ITU. There will also be a private partner who will probably be one of the consortia of firms which have applied to the Joint Undertaking for an operator concession and are still in the process of selection. It will be responsible for the commercial success of the system. The Security Centre that is to be set up will guarantee the operational and external security of the system. It is to be based in the Council Secretariat, will not meet in public and will give the operator any necessary security instructions.

MEPs adopted amendments to the Commission proposal which aim to avoid delays in the setting up of the Supervisory Authority. As to the future ownership of Galileo post 2006, the House underlines that due to the fact the system will have been substantially paid for by public money, all assets should be transferred to the Supervisory Authority (under control of the Commission). Parliament also adopted amendments calling for an MEP to be given observer status on Galileo's administrative board and stressing that the Supervisory Authority's seat should be close to the concessionaire and not necessarily in Brussels.

Press enquiries:
Richard Freedman
(Strasbourg) tel.(33-3) 881 73785
(Brussels)  tel.(32-2) 28 41448
e-mail :  indu-press@europarl.eu.int

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Parliament voted in favour of giving its assent to United Nations Economic Commission for Europe concerning the uniform prescriptions applicable to the approval of internal combustion engines to be installed in agricultural and forestry tractors and in non-road mobile machinery, with regard to their net power, net torque and specific fuel consumption.

The purpose of the proposal for a Decision is to enable the Commission representative to vote on behalf of the Community on the draft Regulation in question at a forthcoming meeting of the World Forum for Harmonisation of Vehicle Regulations of the United Nations Economic Commission for Europe.

Press enquiries:
Richard Freedman
(Strasbourg) tel.(33-3) 881 73785
(Brussels)  tel.(32-2) 28 41448
e-mail :  indu-press@europarl.eu.int

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Parliament adopted two non-binding resolutions relating to EU-Latin America relations.

Press enquiries:
Joëlle Fiss
(Strasbourg) tel.(33-3) 881 73840
(Brussels)  tel.(32-2) 28 41075
e-mail :  foreign-press@europarl.eu.int

Vote

In adopting a non-binding resolution on macro-financial assistance in Albania Parliament gave its backing to assistance of €25 million, including a €16 million grant and a €9 million loan.

However, MEPs do stress that this kind of assistance, including both the long term loan and the grant component, is highly exceptional and in no way constitutes a precedent for the future and that the Commission should monitor how this aid will help to reduce the size of the informal economy. (AM 4/6)

Press enquiries:
Richard Freedman
(Strasbourg) tel.(33-3) 881 73785
(Brussels)  tel.(32-2) 28 41448
e-mail :  indu-press@europarl.eu.int

Vote

The House adopted a non-binding resolution on establishing a Guarantee Fund for external actions in relation to enlargment.

Press enquiries:
Jean-Yves Loog
(Strasbourg) tel.(33-3) 881 73636
(Brussels)  tel.(32-2) 28 44652
e-mail :  budg-press@europarl.eu.int

Vote

Parliament adopted a legislative resolution on the organisation of Community surveys on the structure of agricultural holdings after enlargement.

Press enquiries:
Jean-Yves Loog
(Strasbourg) tel.(33-3) 881 73636
(Brussels)  tel.(32-2) 28 44652
e-mail :  budg-press@europarl.eu.int

Vote

The House adopted a non-binding resolution to take into account the enlargement of European Union and the EU's Wider Europe -New Neighbourhood policy.

Press enquiries:
Jean-Yves Loog
(Strasbourg) tel.(33-3) 881 73636
(Brussels)  tel.(32-2) 28 44652
e-mail :  budg-press@europarl.eu.int

Vote

The quality of what we eat depends not only on the food itself but also on the packaging, which often leaves its traces on the food it contains. As part of moves to protect consumer health and remove obstacles to trade within Europe, while also creating a legal framework for technological advances in food packaging, Parliament adopted on Wednesday a first reading report by Astrid THORS (ELDR, FIN) on materials and articles intended to come into contact with food. The text is the result of a broad compromise between the Parliament and Council. It sets conditions which must be met by products and materials coming into direct or indirect contact with food which is to be put on the market.

These issues are currently governed by a directive dating from 1989. The new framework regulation aims to protect consumers' interests and at the same time reflect the rapid changes in technology. Research and industry have made major progress on this front: "active" and "intelligent" packaging has been introduced, but European legislation has not always kept track with this evolution. The new regulation defines "active" packaging as packaging developed to interact with food to improve quality and keep it fresh for longer; "intelligent" packaging is used to give information to the consumer on the current condition of the food. MEPs have established specific measures for these types of materials and objects. Other new materials and products (listed in an annex to the regulation) are also covered, including with regard to specific national rules. Parliament has dealt with the conditions under which interaction between an active product and the food itself will be allowed. Active and intelligent material, if used inappropriately, could mislead consumers, and MEPs want to protect against this.

MEPs want specific provisions ensuring traceability of objects which remain in contact with food, notably to allow a more effective response if product withdrawal is necessary. This is one of the aims of proper labelling: from now on all materials and articles intended to be in contact with food must be labelled "suitable for food contact" or carry a special food contact symbol, unless its own name already makes that clear (e.g. 'coffee pot') or if by its nature such a use can be "reasonably" expected. MEPs want the information on the product to be worded in a language that can be easily understood by consumers. This must be their own language - plus possibly other EU languages - otherwise the product would not be officially authorised to go on sale.

On the question of authorisation, MEPs have approved the current principle of positive lists of approved substances and materials, meaning that a material is not deemed to be approved merely because it has not been explicitly banned. Authorisations are the subject of specific rules, whether for a substance, a material, an object or a procedure. New procedures for placing materials on the market and evaluating them in terms of health safety are set out, including in particular procedures for recycled material.

A Member State observing that a substance initially thought to be in conformity with the rules in fact presents a risk to public health will be able to suspend the authorisation for that product on its territory.
Finally, Parliament completed the text by insisting on the need to take the needs of developing countries into account.

Press enquiries:
Cezary Lewanowicz
(Strasbourg) tel.(33-3) 881 74903
(Brussels)  tel.(32-2) 28 44659
e-mail :  envi-press@europarl.eu.int

Vote

Parliament adopted a legislative resolution on requirements for food hygiene.

Press enquiries:
Cezary Lewanowicz
(Strasbourg) tel.(33-3) 881 74903
(Brussels)  tel.(32-2) 28 44659
e-mail :  envi-press@europarl.eu.int

Vote

The House adopted a legislative resolution on establishing a new financial services committee organisational structure.

Press enquiries:
Elina Viilup
(Strasbourg) tel.(33-3) 881 74794
(Brussels)  tel.(32-2) 28 31056
e-mail :  econ-press@europarl.eu.int

Procedure : Codecision (3rd reading)
Vote : 31.03.2004

Vote

New EU rules on responsibility for cleaning up the environment came a step closer when Parliament adopted the concilliation agreement on the Environmental liability directive today. EU governments will in future have to ensure either that environmental damage is prevented or that the mess is soon cleaned up again. And in a clear shift towards the "polluter pays" principle, the cost of cleaning up will be borne by the company or other operator that caused the damage. If this is not possible, the relevant authorities may, as a last resort, take the necessary measures themselves to repair the damage.

Rules on environmental liability will be standardised throughout the EU, so companies or other operators will face similar laws in every EU country on their responsibility to prevent environmental damage or to pay for it to be cleaned up. This will prevent firms with environmentally risky activities from "shopping around" or seeking out the weakest environmental legislation in the various EU Member States. This legislation is a response to a series of disasters in recent decades, including the Seveso chemicals factory accident in 1976, the fire at the Sandoz plant in Basle in 1986 and oil spills such as the Amoco Cadiz, the Erika and the Prestige.

One key question is how polluters will pay for damage. Companies could cover themselves against any such costs by taking out insurance or using other forms of financial guarantee. Following pressure from Parliament, when the Commission reviews the legislation in six years' time it will check whether such insurance and guarantees have actually become available at a reasonable cost throughout Europe. If not, the Commission will, if appropriate, propose legislation setting up a standardised compulsory financial guarantee scheme.

Oil pollution is a special problem. An international compensation fund set up in 2003 to pay for oil damage is financed by oil customers rather than shipowners. MEPs are concerned this will reduce shipowners' incentive to act responsibly and they successfully pushed for the Commission to look at ways of shifting more responsibility towards shipowners when it conducts another review after 10 years.

Parliament would have preferred not to allow operators to invoke two international conventions that limit liability for navigation accidents but MEPs did not insist on this point. However, it was agreed that the Commission will review this matter too.

The directive will enter into force this year and the national implementing legislation must be in place three years later. Parliament's rapporteur on the directive was Toine MANDERS (ELDR, NL).

Press enquiries:
Tanja Rudolf
(Strasbourg) tel.(33-3) 881 74897
(Brussels)  tel.(32-2) 28 31053
e-mail :  lega-press@europarl.eu.int

Vote

Parliament adopted a large number of amendments to a draft regulation on fluorinated gases which aims at reducing emissions of hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride, which are powerful greenhouse gases covered by the Kyoto Protocol. The Commission's proposal for regulation tries firstly to improve the containment of HFCs in systems (like refrigerators) and secondly to change the gases used in car air conditioning systems (change over from HFC-134a with a GWP of 1,300 to HFC-152a with a GWP of 140).

On the vexed question of quotas versus type approval for the use of fluorinated gases in new cars the Parliament supported its rapporteur Robert GOODWILL (EPP-ED, UK) and deleted the new quota system proposed by the Commission. Instead MEPs adopted an amendment introducing stricter limits for fluorinated gases in car air conditioning from January 2011. The Commission proposed banning gases with a global warming potential higher than 150 from that date but MEPs want the limit tightened to 50. For small-scale manufacturers, this provision shall apply from 1 January 2013.

Another important amendment adopted concerns prevention of the leaking of fluorinated gases. It says that all measures that are technically and economically feasible shall be taken to prevent and minimise emissions of fluorinated gases. This obligation should be applicable to more sectors and not just cover refrigeration, heating and air-conditioning but all sectors where these gases are used.

Parliament also wants to enlarge the scope of the regulation by introducing recovery and placing on the market of gases, use of products and equipment containing these gases and reporting of data on these gases to the regulation. It also introduces quite a few amendments on inspections for the leakage of these gases.

Note:

The global warming potential (GWP) of fluorinated gases is measured in relation to CO2 which has a GWP of one. The introduction of hydroflourocarbons (HFCs) in refrigeration systems, aerosols and other applications has played a major role in dramatically reducing the use of chloroflourocarbons (CFCs) which, as ozone depleting gases, were a major cause of the depletion of the stratospheric ozone layer.

Press enquiries:
Leena Maria Linnus
(Strasbourg) tel.(33-3) 887 63969
(Brussels)  tel.(32-2) 28 42825
e-mail :  envi-press@europarl.eu.int

Vote
Parliament adopted a large number of amendments to a Commission proposal for a directive on the management of waste from the extractive industries (mining waste, rapporteur Jonas SJÖSTEDT (GUE/NGL, S). Parliament is especially worried about the so called historical waste. The House adopted an amendment which takes into account the operator's duties also after the mine has been closed. The operator must not be considered free of his obligations in respect of maintenance, surveillance and monitoring in the stage subsequent to the closure of a waste treatment plant over the entire time-period required by the competent authority.

Parliament also passed an amendment specifying the waste management plan that each operator of a waste facility must draw up. The plan must specify a major-accident prevention policy for waste and put into effect a safety management system implementing it. As part of that policy, the operator shall appoint a safety manager responsible for the implementation and periodic supervision of the major-accident prevention policy. The operator must also provide the competent authority with a safety report demonstrating how such policy and systems are implemented. The operator shall also draw up an internal emergency plan of the measures to be taken on site in the event of an accident.

Parliament also wants the Member States to be obliged to make an inventory on all closed mines after three years of entry into force of the directive. Within four years rehabilitation of mining sites must be started. The financial costs for rehabilitation must be carried by the waste producer (when known). <AmJust>

The MEPs say as well that safe disposal of the waste must be one of the objectives of the management plan, and this has to be considered already at the design stage. When planning for closure, the need for monitoring and management in the future has to influence the choice of design. This must be done in order to prevent or at least to minimise any long-term negative effects attributable to migration of airborne or aquatic pollutants from the waste facility.
Waste from the extractive industries represents a very large waste stream, one of the biggest in the EU. Major accidents in recent years involving collapsing mine dams in Spain and Romania show that mismanagement of waste can have a disastrous environmental impact. Throughout the EU, there is a large number of landfill sites full of mining waste discharging significant quantities of pollutants into water and soil. The proposal covers the management of waste from the extractive industries (waste resulting from the extraction, treatment and storage of mineral resources and the working of quarries).

Press enquiries:
Leena Maria Linnus
(Strasbourg) tel.(33-3) 887 63969
(Brussels)  tel.(32-2) 28 42825
e-mail :  envi-press@europarl.eu.int

Procedure : Codecision (1st reading)
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Vote

Parliament adopted today a number of amendments to three different proposals for directives that are related to the Århus Convention. These three proposals on access to justice in environmental matters are designed to remedy some shortcomings in the monitoring of the application of environmental legislation. The rapporteurs were Eija-Riitta KORHOLA (EPP-ED, FIN) and Inger SCHÖRLING (Greens/EFA, S).
On the directive on access to information, public participation and justice in environmental matters to EU institutions and bodies the Parliament wants especially to clarify refusals on access to information and binding rules on public participation. The MEPs also want to specify that the directive on access to justice in environmental matters should clearly state that it establishes a minimum framework and that Member States are free to grant broader access.
The Århus Convention guarantees public access to environmental information, participation in decision-making processes and access to justice in environmental matters. With a view to its implementation, two directives have already been adopted (Directive 2003/4/EC on public access to environmental information and Directive 2003/35/EC on providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment).
Press enquiries:
Leena Maria Linnus
(Strasbourg) tel.(33-3) 887 63969
(Brussels)  tel.(32-2) 28 42825
e-mail :  envi-press@europarl.eu.int

Vote

Parliament voted to reject the Italian initiative on the "organisation of joint flights for removals of third-country nationals illegally present in the territory of two or more Member States". The House deems it unacceptable that the rights of those expelled are only listed in an annex to the proposal and not in the proposal itself. Furthermore, the committee believes it is important to display consistency by drawing up a common asylum policy before introducing a common return policy.

Rapporteur Adeline HAZAN (PES, F) said that organising group returns would help to make the very principle of expulsion a matter of routine, and there was a danger that this would lead to greater use of expedited procedures for consideration of asylum applications, to the detriment of compliance with the provisions of the Geneva Convention.

Under the proposal, Member States would have organised joint flights to repatriate illegal immigrants. Since removing illegal residents using charter flights usually proves expensive for Member States, co-operation could enforce return more efficiently by sharing existing capacities on charter flights.

Press enquiries:
Danny de Paepe
(Strasbourg) tel.(33-3) 881 73605
(Brussels)  tel.(32-2) 28 42531
e-mail :  libe-press@europarl.eu.int

Vote

Parliament adopted a non-binding resolution on establishing a European Centre for the Development of Vocational Training.

Press enquiries:
Constanze Beckerhoff
(Strasbourg) tel.(33-3) 881 73780
(Brussels)  tel.(32-2) 28 44302
e-mail :  empl-press@europarl.eu.int

Vote

Parliament has adopted an own initiative report on the European environment strategy presented by Marit PAULSEN (ELDR, S). It is widely recognised that there is a link between damage to the environment and risks to human health. However, without a well implemented and properly coordinated strategy, we still do not know enough about the relationship between the environment and health or on the damaging effects of different pollutants on both of them. To fill the gaps, to identify and predict the threats and also to put in place measures to tackle them, the EU needs a new approach to these questions. Hence the idea of a common strategy, based on the so-called "SCALE" initiative (Science, Children, Awareness, Legal instrument, Evaluation), taking up on of the objectives of the 6th Environmental Action Programme, that is to lead to a better quality of life for citizens by ensuring their environment is not one in which human health is subject to damage caused by pollution. To put these plans into action in an effective way, the EU's capacity to legislate in this field needs to be strengthened. Given the complexity of the problems concerned, the strategy will be put into place in several stages, the first covering the period 2004 to 2010.

Parliament, which strongly supporting the plan, is sceptical about some of the predicted outcomes. In its resolution, it emphasises the need to improve and complete the proposals set out in the Commission's communication. MEPs call for the precautionary principle to be part of the strategy, for more detail on funding (which should come from the EU budget) and for a better evaluation of existing scientific knowledge on the link between environmental factors and certain illnesses. The gathering of data and available research should lead to proposals for specific measures as soon as possible, as well as to the establishment of a list of contaminants which can cause "serious or irreversible health impacts." MEPs also propose that the strategy should include standards and protection measures relating to indoor pollution of homes and other buildings, notably concerning air pollution, radon and carbon monoxide. MEPs believe that labelling should also be a part of the strategy. They call for the first stage of the strategy to include the issue of pesticides, and the correlation between traffic-related atmospheric pollution and respiratory diseases such as asthma. The importance of climate change, persistent organic pollutants (dioxins and PCBs) and of passive smoking must be better recognised by the strategy. Parliament also emphasises the importance of the REACH system (the draft legislation on chemicals, due to be adopted in the next parliamentary term 2004-2009), as well as the protection of children's health, among other measures through appropriate information for children-consumers. This represents as "an essential investment with a view to ensuring adequate human and economic development." MEPs stressed the importance of considering the socio-economic impact of the work on environment and health and the need to bear in mind the gender perspective.

Press enquiries:
Cezary Lewanowicz
(Strasbourg) tel.(33-3) 881 74903
(Brussels)  tel.(32-2) 28 44659
e-mail :  envi-press@europarl.eu.int