European Parliament legislative resolution on the common position adopted by the Council with a view to the adoption of a European Parliament and Council Directive amending Directive 74/60/EEC on the approximation of the laws of the Member tates relating to the interior fittings of motor vehicles (interior parts of the passenger compartment other than the interior rear-view mirrors, layout of controls, the roof or sliding roof, the backrest and rear part of the seats) (9935/1/1999 - C5-0210/1999 - 1998/0089(COD) )

P5_TA(2000)0031 A5-0005/2000

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (9935/1/1999 - C5-0210/1999 )(1) ,

-  having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(1998) 159 (3) ),

-  having regard to Article 251(2) of the EC Treaty,

-  having regard to Rule 78 of its Rules of Procedure,

-  having regard to the recommendation for second reading of the Committee on Legal Affairs and the Internal Market (A5-0005/2000 ),

1.  Approves the common position;

2.  Notes that the act is adopted in accordance with the common position;

3.  Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

4.  Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Communities;

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

(1) OJ C 346, 2.12.1999, p. 17. (2) OJ C 150, 28.5.1999, p. 26. (3) OJ C 149, 15.5.1998, p.10.

European Parliament resolution on the communication from the Commission entitled: "Women and science" - Mobilising women to enrich European research (COM(1999) 76 - C5-0103/1999 - 1999/2106(COS) )

P5_TA(2000)0032 A5-0082/1999

The European Parliament,

-  having regard to the Commission communication (COM(1999) 76 - C5-0103/1999 ),

-  having regard to its opinions of 18 December 1997 on the proposal and amended proposal for a European Parliament and Council decision concerning the Fifth Framework Programme of the European Community for research, technological development and demonstration activities(1) and of 15 December 1998 on the proposals for Council decisions adopting specific programmes for research, technological development and demonstration(2) ,

-  having regard to the Council Resolution of 20 May 1999 on Women and Science(3) ,

-  having regard to the results of the conference on "Women and Science" organised jointly by the European Parliament and the Commission in April 1998,

-  having regard to STOA project 99/19/01 entitled: "Women professionals in the media in the context of new technological developments",

-  having regard to Article 157(1) and (2) of the EC Treaty,

-  having regard to Articles 2 and 3(2) of the EC Treaty,

-  having regard to the report of the Committee on Women's Rights and Equal Opportunities and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0082/1999 ),

A.  whereas research and development account for a significant proportion of Community activities and of budgetary allocations,

B.  whereas the work of women scientists is still too often unrecognised,

C.  whereas EU competitiveness depends upon innovation, including research and development and technology transfer,

D.  whereas European research could be much enriched by a greater contribution from women scientists,

E.  whereas all Member States are experiencing difficulties in recruiting scientists and engineers,

F.  whereas the Fifth Framework Programme, now under way, is specifically committed to incorporating the equal opportunities policy of the EU,

G.  whereas, in its annual review and mid-term evaluation of the Fifth Framework Programme, the Commission must assess the development of women's participation in the specific programmes and report back to Parliament on that issue,

1.  Welcomes the Commission proposal to increase the involvement of women in programmes organised by the EU;

2.  Calls on Member States to increase the number of fellowships available to women in the fields of science and technology;

3.  Welcomes the broad definition of "science" adopted by the Commission, one which includes all scientific disciplines which generate knowledge;

4.  Supports the strategy of research by, for and on women as being comprehensive and constructive;

5.  Calls for gender-impact studies on the implementation of the Fifth Framework Programme to be taken into account when the Sixth Framework Programme is being drawn up so as to ensure that research topics of special interest to women are given due priority;

6.  Approves the aim of collating a more comprehensive set of statistics on the involvement of women in different fields of science and research; believes that another aim should be to establish at European level a database of female experts which would serve to enhance perception of the potential of female expertise and, in so doing, widely publicise it;

7.  Welcomes the willingness of the Commission to support studies and research into male-female relationships as social and political relationships;

8.  Calls on the Commission to facilitate the publication and circulation of works concerning male-female relationships;

9.  Supports the aim of cooperating with Member States in order to achieve those objectives;

10.  Supports the idea of mobilising the numerous existing networks of women scientists and of securing their help in the formulation of European Union research policy;

11.  Calls for the appointment of a large percentage of women to serve on committees that set policies, select and evaluate projects and control funds at both EU and Member State levels;

12.  Notes that the Commission has undertaken to make substantial efforts to increase the participation of women in Community research programmes and that it considers it essential that a minimum of 40% participation by women should be the target at all levels in the implementation and management of research programmes;

13.  Calls for greater transparency regarding the membership of these panels;

14.  Calls on Member States to cooperate with the Commission in the compilation of better statistics, in policy review work, in attending the planned conferences in 2000 and 2001 and in pursuing the objective of gender balance in scientific research at national level;

15.  Calls for the adoption of appropriate measures to enable women to combine family life and professional life;

16.  Expresses disappointment that only 9% of the delegates proposed by Member States for advisory groups are women;

17.  Calls on Member States to improve the balance between men and women when they nominate such national experts and committee members;

18.  Calls on the Commission to investigate the reasons for the discrepancy between the number of women graduating in scientific disciplines and the number who are successful in obtaining professional posts;

19.  Calls for the creation of programmes designed to inform young girls, as soon as they reach school age, about scientific research and openings and possible careers in that field;

20.  Calls on all DGs in the Commission to consider setting up a properly resourced group similar to the Women and Science sector in the DG for Research, with responsibility for monitoring the effectiveness of mainstreaming in the work of each DG and for addressing the underrepresentation of women;

21.  Calls on the Commission to increase the number of women involved in peer review exercises, since this will familiarise women with Union procedures and programmes and encourage direct applications from them;

22.  Calls on the Commission to incorporate the results of the gender-impact studies into plans for the Sixth Framework Programme and, more specifically, for implementing measures and positive action to combat the underrepresentation of women in science;

23.  Supports the Commission's efforts to produce comparable data; calls on the Commission to publish statistics both on the percentage of EU fellowships granted to women and to men scientists, broken down by sector, and on the participation of women in the Fifth Framework Programme;

24.  Calls on the Member States, when granting aid, to ensure that the award criteria are clear and that grants are made in conditions of the greatest possible transparency;

25.  Calls on the Commission to promote the need for greater levels of numeracy, statistical and IT training amongst women, in consultation with national civil servants, women scientists and all interested parties;

26.  Calls for EU preparatory assistance programmes for the applicant countries to encourage the promotion of scientific and technical skills in women;

27.  Requests that the role of women in scientific research in the countries with which the European Union is carrying out joint programmes - especially developing countries - should not be ignored;

28.  Calls for the common agricultural policy and the Structural Funds to be reviewed in order to ascertain whether women are adequately represented in scientific and technical work;

29.  Calls for engineering and science skills for girls and women to be targeted alongside literacy programmes in EU projects for developing countries;

30.  Calls on the Commission to coordinate benchmarking exercises in order to assess the effectiveness of gender-segregated classes for science subjects alongside other measures such as teacher training to avoid discrimination in mixed classes and assertiveness training for girls and women; furthermore, calls on the Commission to maximise and optimise instruments and techniques which provide support for girls in science classes;

31.  Calls on the Commission to avoid where possible, and to combat where necessary, the unjustified positive discrimination in favour of boys in educational and scientific policy with regard to both the world of work and higher education;

32.  Calls on the Member States to take measures which support the dissociation of attitudes to course selection from traditional gender-specific role models;

33.  Calls on the Commission to facilitate mentoring systems within networks of women scientists;

34.  Calls on the networks of women scientists to mobilise and become better involved in decision-making and policy-making processes, at both EU and Member State level;

35.  Calls on the Commission to observe the "International Women's University of Technology and Culture", to be held as part of the Hanover Expo 2000, and to take note of its experiences;

36.  Calls on the Commission to create Europe-wide "Consensus" conferences as part of the Sixth Framework Programme, with at least 50% women participants, from all walks of life; believes that these conferences should provide non-scientist citizens with the opportunity to explore complex scientific issues, with appropriate help and information;

37.  Further to Commissioner Kinnock's proposals for internal Commission reform, calls on the Commission to investigate and report on the percentage of women directors in the DG for Research and in the Commission as a whole;

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

(1) OJ C 14, 19.1.1998, p. 128. (2) OJ C 98, 9.4.1999, p. 39. (3) OJ C 201, 16.7.1999, p. 1.

European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a European Parliament and Council decision adopting a multiannual programme for the promotion of renewable energy sources in the Community (ALTENER) (1998-2002) (C5-0333/1999 - 1997/0370(COD) )

P5_TA(2000)0033 A5-0011/2000

(Codecision procedure: third reading)

The European Parliament,

-  having regard to the joint text approved by the Conciliation Committee and the relevant Council, Commission and Parliament statement (C5-0333/1999 ),

-  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1997) 550 ),

-  having regard to the Commission's amended proposal (COM(1999)212 - C4-0245/1999 ),

-  having regard to its position at second reading on the Council common position(2) ,

-  having regard to the Commission's opinion on Parliament's amendments to the common position (COM(1999) 560 - C5-0248/1999 ),

-  having regard to Article 251(5) of the EC Treaty,

-  having regard to Rule 83 of its Rules of Procedure,

-  having regard to the report of its delegation to the Conciliation Committee (A5-0011/2000 ),

1.  Approves the joint text, and confirms the statement thereon;

2.  Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

3.  Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Communities;

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

(1) OJ C 175, 21.6.1999, p. 262. (2) Texts adopted of 6.10.1999, Item 11.

European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a European and Council decision adopting a multiannual programme for the promotion of energy efficiency (SAVE) (1998-2002) (C5-0334/1999 - 1997/0371(COD) )

P5_TA(2000)0034 A5-0010/2000

(Codecision procedure: third reading)

The European Parliament,

-  having regard to the joint text approved by the Conciliation Committee (C5-0334/1999 ),

-  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1997) 550 ),

-  having regard to the Commission's amended proposal (COM(1999) 211 - C4-0246/1999 ),

-  having regard to its position at second reading on the Council common position(2) ,

-  having regard to the Commission's opinion on Parliament's amendments to the common position (COM(1999) 558 - C5-0246/1999 ),

-  having regard to Article 251(5) of the EC Treaty,

-  having regard to Rule 83 of its Rules of Procedure,

-  having regard to the report of its delegation to the Conciliation Committee (A5-0010/2000 ),

1.  Approves the joint text;

2.  Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

3.  Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Communities;

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

(1) OJ C 175, 21.6.1999, p. 269 (2) Texts adopted of 6.10.1999, Item 12.

European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a European Parliament and Council decision establishing the Culture 2000 Programme (C5-0327/1999 - 1998/0169(COD) )

P5_TA(2000)0035 A5-0009/2000

(Codecision procedure: third reading)

The European Parliament,

-  having regard to the joint text approved by the Conciliation Committee and the relevant Commission statements (C5-0327/1999 ),

-  having regard to its position at first reading(1) on the Commission proposal and amended proposal to Parliament and the Council (COM(1998) 266 (2) ),

-  having regard to the amended Commission proposal (COM(1998) 673 ),

-  having regard to its position at second reading on the Council's common position(3) ,

-  having regard to the Commission's opinion on Parliament's amendments to the common position (COM(1999) 629 - C5-0316/1999 ),

-  having regard to Article 251(5) of the EC Treaty,

-  having regard to Rule 83 of its Rules of Procedure,

-  having regard to the report of its delegation to the Conciliation Committee (A5-0009/2000 ),

1.  Approves the joint text and draws attention to the Commission statements thereon;

2.  Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

3.  Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Communities;

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

(1) OJ C 359, 23.11.1998, p. 28. (2) OJ C 211, 7.7.1998, p. 18. (3) Item 4 of Texts Adopted of 28.10.1999.

European Parliament legislative resolution on the common position adopted by the Council with a view to the adoption of a European Parliament and Council Directive on end-of-life vehicles (8095/1/1999 - C5-0180/1999 - 1997/0194(COD) )

P5_TA(2000)0036 A5-0006/2000

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (8095/1/1999 - C5-0180/1999 )(1) ,

-  having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(1997) 358 (3) ),

-  having regard to the amended Commission proposal (COM(1999) 176 (4) ),

-  having regard to Article 251(2) of the EC Treaty,

-  having regard to Rule 80 of its Rules of Procedure,

-  having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5-0006/2000 ),

1.  Amends the common position as follows;

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

Common position of the Council   Amendments by Parliament (Amendment 1) Recital 7    (7) Member States should take the necessary measures to ensure that the last holder and/or owner can deliver the end-of-life vehicle to an authorised treatment facility without any cost as a result of the vehicle having no or a negative market value; Member States should ensure that producers meet all, or a significant part of, the costs of the implementation of these measures; the normal functioning of market forces should not be hindered;    (7) Member States should ensure that the last holder and/or owner can deliver the end-of-life vehicle to an authorised treatment facility without any cost as a result of the vehicle having no or a negative market value; Member States should ensure that producers meet all, or a significant part of, the costs of the implementation of these measures; the normal functioning of market forces should not be hindered; (Amendment 2) Recital 8    (8) This Directive should cover vehicles and end-of-life vehicles, including their components and materials, without prejudice to safety standards, air emissions and noise control;    (8) This Directive should cover vehicles and end-of-life vehicles, including their components and materials, as well as spare parts and accessories, without prejudice to safety standards, air emissions and noise control; (Amendment 3) Recital 9    (9) This Directive should be understood as having borrowed, where appropriate, the terminology used by several existing directives, namely Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, and Council Directive 75/442/EEC of 15 July 1975 on waste;    (9) This Directive should be understood as having borrowed, where appropriate, the terminology used by several existing directives, namely Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, and Council Directive 75/442/EEC of 15 July 1975 on waste; consequently, historic vehicles and vehicles of value to collectors are not covered by the definition of waste laid down by Directive 75/442/EEC and do not therefore fall within the scope of this Directive; (Amendment 4) Recital 10    (10) It is important that preventive measures be applied from the conception phase of the vehicle onwards and take the form, in particular, of reduction and control of hazardous substances in vehicles, in order to prevent their release into the environment, to facilitate recycling and to avoid the disposal of hazardous waste; in particular the use of lead, mercury, cadmium and hexavalent chromium should be prohibited; these heavy metals should only be used in certain applications according to a list which will be regularly reviewed;    (10) It is important that preventive measures be applied from the conception phase of the vehicle onwards and take the form, in particular, of reduction and control of hazardous substances in vehicles, in order to prevent their release into the environment, to facilitate recycling and to avoid the disposal of hazardous waste; certain materials and components should neither become shredder residues nor be incinerated and may not be disposed of in waste dumps; in particular the use of lead, mercury, cadmium and hexavalent chromium should be prohibited; these heavy metals should only be used in certain applications according to a list which will be regularly reviewed; (Amendment 5) Recital 22    (22) In order to facilitate the dismantling and recycling of end-of-life vehicles, vehicle manufacturers should provide treatment facilities with dismantling manuals;    (22) In order to facilitate the dismantling and recovery of end-of-life vehicles, vehicle manufacturers should provide authorised treatment facilities with all requisite dismantling information, in particular for hazardous substances ; vehicle manufacturers and material producers should use common component and material coding standards ; in addition, the preparation of European standards, where appropriate, should be promoted; (Amendment 6) Recital 27a (new) (27a) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission( 1 ); ____________ ( 1 ) OJ L 184, 17.7.1999, p. 23. (Amendment 7) Article 2(1a) (new) (1a) "vintage vehicle” means any historic vehicle or vehicle of value to collectors kept in a proper and environmentally sound manner, either ready for use or stripped into parts; (Amendment 8) Article 2 (12a) (new) (12a) "dismantling information” means all information required for the correct and environmentally sound treatment of end-of-life vehicles. It shall be made available to treatment facilities by vehicle manufacturers and component producers in the form of manuals or by means of electronic media (eg. CD-ROM, on-line services). (Amendment 9) Article 3(1)    1.1. This Directive shall cover vehicles and end-of-life vehicles, including their components and materials.    1. This Directive shall cover vehicles and end-of-life vehicles, including their components and materials. This shall apply irrespective of how the vehicle has been serviced or repaired during use and irrespective of whether it is equipped with components supplied by the producer or with other components whose fitting as spare parts or accessories accords with the appropriate Community provisions or domestic provisions. Vehicles intended for museums or designated "vintage vehicles" shall not be covered by this Directive. (Amendment 10) Article 3(3a) (new) 3a. Special-purpose vehicles as defined in the second indent of Article 4(1)(a) of Directive 70/156/EEC shall be excluded from the provisions of Article 7 of this Directive. (Amendment 11) Article 4(2) (-a) (new) 2.(-a)Member States shall ensure that as from 1 July 2001 mercury contained in vehicles is prevented from being shredded in vehicle shredders, disposed of in waste dumps or incinerated or co-incinerated, with or without energy recovery, in appropriate installations. Member States shall ensure that as from 1 July 2001 the lead, cadmium and hexavalent chromium contained in vehicles is as far as possible not disposed of in waste dumps, subject to the requisite technical progress. (Amendment 12) Article 4(2)(a)    (a) Member States shall ensure that materials and components of vehicles put on the market after .............* do not contain lead, mercury, cadmium and hexavalent chromium other than in cases listed in Annex II under the conditions specified therein; ____________ * 18 months after the date of entry into force of this Directive.    (a) Member States shall ensure that materials and components of vehicles type- approved after 2005 do not contain lead, mercury, cadmium or hexavalent chromium other than in cases listed in Annex II under the conditions specified therein; (Amendment 13) Article 4(2)(b)(iva)(new)    (iva) set a threshold for lead and hexavalent chromium above which point (a) shall apply. (Amendment 14) Article 5(1), 1st indent    - that economic operators set up systems for the collection of all end-of-life vehicles,    - that economic operators set up systems for the collection of all end-of-life vehicles and of used parts removed when passenger cars are repaired; (Amendment 15) Article 5(3), 1st subparagraph    3. Member States shall set up a system according to which the presentation of a certificate of destruction is a condition for deregistration of the end-of-life vehicle. This certificate shall be issued to the holder and/or owner when the end-of-life vehicle is transferred to a treatment facility. Treatment facilities which have obtained a permit in accordance with Article 6 shall be permitted to issue a certificate of destruction. Member States may permit producers, dealers and collectors on behalf of an authorised treatment facility to issue certificates of destruction provided that they guarantee that the end-of-life vehicle is transferred to an authorised treatment facility.    3. Member States shall set up a system according to which the presentation of a certificate of destruction is a condition for deregistration of the end-of-life vehicle. This certificate shall be issued to the holder and/or owner when the end-of-life vehicle is transferred to a treatment facility, collection point or producer . Only treatment facilities, collection points and producers which have obtained a permit in accordance with Article 6 shall be permitted to issue a certificate of destruction. Member States may permit producers, dealers and collectors to issue certificates of destruction provided that they guarantee that the end-of-life vehicle is transferred to an authorised treatment facility. A certificate of destruction shall not be required for temporary deregistration. (Amendment 17) Article 5(4) 1st subparagraph    4. Member States shall take the necessary measures to ensure that the delivery of the vehicle to an authorised treatment facility in accordance with paragraph 3 occurs without any cost for the last holder and/or owner as a result of the vehicle's having no or a negative market value.    4. Member States shall take the necessary measures to ensure that the delivery of the vehicle to an authorised treatment facility in accordance with paragraph 3 occurs without any direct or indirect cost to the last holder and/or owner as a result of the vehicle's having no or a negative market value. (Amendment 45/rev. 2) Article 5(4) 2nd subparagraph Member States shall take the necessary measures to ensure that producers meet all, or a significant part of, the costs of the implementation of this measure and/or take back end-of-life vehicles under the same conditions as referred to in the first subparagraph . Member States shall take the necessary measures to ensure that for vehicles registered after…* producers meet all , or a significant part of, the costs of the implementation of this measure. _______________ * 18 months after the entry into force of this Directive (Amendment 19) Article 5(4) 4th subparagraph a (new) The Commission shall submit to the European Parliament and the Council at three-year intervals a report on any distortions of competition between or within Member States, particularly describing changes in the structure of motor vehicle dealing and of the collection, dismantling, shredding, recovery and recycling industries, the first report to be submitted two years after the entry into force of this Directive. (Amendment 20) Article 6(2) subparagraph -1 (new)    2. Member States shall take the necessary measures to ensure that undertakings which collect end-of-life vehicles, even if they do not carry out treatment operations (collection points), are registered with the competent authorities . (Amendment 21) Article 6(5)    5. Member States may encourage establishments or undertakings which carry out treatment operations to introduce certified environmental management systems.    5. Member States shall encourage establishments or undertakings which carry out treatment operations to introduce certified environmental management systems. (Amendment 22) Article 7(1)    1. Member States shall take the necessary measures to encourage the re-use of components which are suitable for re-use , the recovery of components which cannot be re-used and the giving of preference to recycling when environmentally viable, without prejudice to safety requirements .    1. Member States shall take the necessary measures to encourage the re-use of components which are suitable for re-use, the recovery of components which cannot be re-used and the giving of preference to recycling when environmentally viable, without prejudice to requirements regarding the safety of vehicles and environmental requirements, particularly those relating to exhaust gases and noise. Component producers shall make available to authorised recovery facilities the requisite information concerning dismantling, storage and testing of components which can be re-used. (Amendment 23) Article 7(1a) (new) 1a. Before the entry into force of this Directive, the Commission shall adopt appropriate measures, in accordance with the procedure laid down in Article 11, to ensure that components from end-of-life vehicles are re-used only on condition that they do not give rise to any safety or environmental hazards. (Amendments 40 and 47) Article 7(4)    4. In order to prepare an amendment to Directive 70/156/EEC , the Commission shall promote the preparation of European standards relating to the ability to be dismantled, recoverability and recyclability of vehicles. Once the standards are agreed, but in any case no later than by the end of 2001, the European Parliament and the Council, on the basis of a proposal from the Commission, shall amend Directive 70/156/EEC so that vehicles type-approved in accordance with that directive and put on the market after three years after the amendment of the Directive 70/156/EEC are reusable and/or recyclable to a minimum of 85% by weight per vehicle and are reusable and/or recoverable to a minimum of 95% per weight per vehicle.    4. In order to prepare an amendment to Directive 70/156/EEC , the Commission shall promote the preparation of European standards relating to the ability to be dismantled, recoverability and recyclability of vehicles. Once the standards are agreed, but in any case no later than by the end of 2001, the European Parliament and the Council, on the basis of a proposal from the Commission, shall amend Directive 70/156/EEC so that vehicles type-approved in accordance with that directive and put on the market on or after 1 January 2005 are reusable and/or recyclable to a minimum of 85% by weight per vehicle and are reusable and/or recoverable to a minimum of 95% by weight per vehicle. (Amendment 24) Article 8, title Coding standards/dismantling manuals Coding standards/dismantling information (Amendment 25) Article 8(3)    3. Member States shall take the necessary measures to ensure that producers provide dismantling manuals for each type of new vehicle put on the market within six months after the vehicle is put on the market. These manuals shall identify, as far as it is needed by treatment facilities in order to comply with the provisions of this directive, the different vehicle components and materials, and the location of all hazardous substances in the vehicles, in particular with a view to the achievement of the objectives laid down in Article 7.    3. Member States shall take the necessary measures to ensure that producers provide dismantling information for each type of new vehicle put on the market within six months after the vehicle is put on the market. This information shall identify, as far as it is needed by treatment facilities in order to comply with the provisions of this directive, the different vehicle components and materials, and the location of all hazardous substances in the vehicles, in particular with a view to the achievement of the objectives laid down in Article 7. (Amendment 26) Article 11, introduction The Commission, assisted by the committee established by Article 18 of Directive 75/442/EEC , and according to the procedure laid down therein , shall adopt: The Commission shall be assisted by a regulatory committee as referred to in Article 5 of Decision 1999/468/EC. Article 8 of that Decision shall apply. The period referred to in Article 5(6) of the Decision shall be three months. The European Parliament shall be informed by the Commission of committee proceedings on a regular basis, pursuant to Article 7(4) of the Decision. The principles and conditions for public access to documents applicable to the Commission shall apply to the committee. The Commission, according to the procedure laid down herein , shall adopt: (Amendment 27) Article 12(2), 1st indent    - as from 1 January 2001 for vehicles put on the market as from this date;    - as from* for vehicles first put on the market as from this date; __________ * 18 months after the entry into force of this Directive (Amendment 28) Article 12(3) 3. In Annex II, point 11, a maximum value of 5g per vehicle may apply until ….(*) ___________ (*) 30 months after the date of entry into force of this Directive. Deleted (Amendment 29) Annex I(3), 2nd indent    - removal or neutralisation of potential explosive components (e.g. airbags),    - neutralisation of potentially explosive components (e.g. airbags), (Amendment 30) Annex I(3), 3rd indent a (new)    - removal of all components containing mercury. (Amendment 31) Annex I(4), 3rd indent    - removal of tyres and large plastic components (bumpers, dashboard, fluid containers, etc),    - removal of tyres and large plastic components (bumpers, dashboard, fluid containers, etc.) if these materials are not segregated in the shredding process , (Amendments 32 and 48) Annex II, table Common position of the Council Materials and components To be labelled or made identifiable in accordance with Article 4(2)(b)(iv) Lead as an alloying element    1. Steel containing up to 0,3% lead by weight    2. Aluminium containing up to 0,4% lead by weight    3. Window levers and wheel rims containing up to 4% lead by weight X    4. Copper alloy containing up to 4% lead by weight Lead as a metal in components    5. Batteries X    6. Coating inside petrol tanks X    7. Vibration dampers X    8. Vulcanising agent for high pressure or fuel hoses    9. Stabiliser in protective paints    10. Solder in electronic circuit boards and other applications Hexavalent chromium    11. Corrosion preventative coating on numerous key vehicle components (maximum 2 g per vehicle) Mercury    12. Bulbs X Amendment by Parliament Materials and components To be labelled or made identifiable in accordance with Article 4(2)(b)(iv) Lead as an alloying element    1. Steel (including galvanised steel) containing up to 0.35% lead by weight    2. Aluminium containing up to 0,4% lead by weight    3. Aluminium (in wheel rims, engine parts and window levers) containing up to 4% lead by weight X    4. Copper alloy containing up to 4% lead by weight 4a. Lead/bronze bearing-shells and bushes Lead and lead compounds in components    5. Batteries within the meaning of Directive 91/157/EEC 1 X    6. Coating inside petrol tanks X    7. Vibration dampers X    8. Vulcanising agent for high pressure or fuel hoses    9. Stabiliser in protective paints    10. Solder in electronic circuit boards and other applications 10a. Balance weights, with a protective coating giving at least 10 years corrosion protection X 10b. Electrical components which contain lead in a glass or ceramics matrix compound (maximum 1 g per vehicle). Hexavalent chromium    11. Corrosion preventative coating on numerous key vehicle components (maximum 2 g per vehicle) Mercury    12. Bulbs and lighting elements X Cadmium 12a. Batteries within the meaning of Directive 91/157/EEC 1 X ( ) OJ L 78, 26.3.1991, p. 38.

(1) OJ C 317, 4.11.1999, p. 19. (2) OJ C 150, 28.5.1999, p. 420. (3) OJ C 337, 7. 11.1997, p. 3. (4) OJ C 156, 3.6.1999, p. 5.

Proposal for a European Parliament and Council directive on the posting of workers who are third-country nationals for the provision of cross-border services (COM(1999) 3 - C4-0095/1999 - 1999/0012(COD) )

P5_TA(2000)0037 A5-0007/2000

The proposal was amended as follows:

Text proposed by the Commission(1)   Amendments by Parliament (Amendment 1) Entire text Throughout the text, replace the term "EC service provision card" with the term "EU service provision card". (Amendment 2) Recital 6    (6) Whereas a document known as an "EC service provision card", to be issued by the Member State in which the service provider is established, should be the instrument that facilitates postings so that a provider can react with a view to current or potential postings in connection with normal activities even if his staff includes one or more third-country nationals; whereas it should be for the service provider to decide whether to apply for the EC service provision card; whereas this Directive, similarly, does not affect the undertakings of the Community and its Member States, given in the context of the General Agreement on Trade in Services (GATS); whereas the EC service provision card should include only the data required under Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;    (6) Whereas the "EU service provision card”, to be issued by the Member State in which the service provider is established, is intended to remove the legal uncertainty associated with postings and thus facilitate the free movement of services; whereas, if a posting is contemplated, the service provider should therefore be entitled to apply for an EU service provision card in his Member State of establishment and to produce the evidence required for the issue of such a card; whereas this Directive, similarly, does not affect the undertakings of the Community and its Member States, given in the context of the General Agreement on Trade in Services (GATS); whereas the EU service provision card should include only the data required under Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; (Amendment 3) Recital 9    (9) Whereas each Member State in which a service is provided should be able to make it obligatory to declare, before the entry of the posted worker into the territory, his intended presence and the service or services for which he is to be posted; whereas a compulsory prior declaration should enable the Member State in question to take measure in specific cases on grounds of public order, public security or public health, within the limits set by this Directive; whereas each Member State in which a service is provided should also be able to make it obligatory to obtain, after entry, a temporary residence permit if the time required for the service or services for which the posted worker will reside exceeds six months out of a period of twelve months;    (9) Whereas each Member State in which a service is provided should continue to be able, in the case of workers without an EU service provision card, to make it obligatory to declare, before the entry of the posted worker into the territory, his intended presence and the service or services for which he is to be posted; whereas a compulsory prior declaration should in this case enable the Member State in question to take measures in specific cases on grounds of public order, public security or public health, within the limits set by this Directive; whereas each Member State in which a service is provided should in every case also be able to make it obligatory to obtain, after entry, a temporary residence permit if the time required for the service or services for which the posted worker will reside exceeds six months out of a period of twelve months; (Amendment 4) Recital 10    (10) W hereas each Member State should thus be able to check, particularly if a temporary residence permit is issued, that the residence of the worker posted is for the purpose of providing a service or services in the Member State; whereas the freedom to provide services should always be of a temporary nature which must be determined on the basis of the continuity, frequency, and duration of the service; whereas the validity of the temporary residence permit should be capable of limitation to the period of validity of the EC service provision card on the grounds that the Member State intends to issue, in conformity with the freedom to provide services, a residence permit in accordance with its own national provisions for postings exceeding six or twelve months;    (10) Whereas the freedom to provide services should always be of a temporary nature which must be determined on the basis of the continuity, frequency, and duration of the service; whereas the validity of the temporary residence permit should be capable of limitation to the period of validity of the EU service provision card on the grounds that the Member State intends to issue, in conformity with the freedom to provide services, a residence permit in accordance with its own national provisions for postings exceeding six or twelve months; (Amendment 5) Recital 13    (13) Whereas it is vital for the implementation of this Directive to ensure close cooperation between the competent authorities of the Member States; whereas it would be useful for the competent authorities of the Member States to adopt a uniform format for the EC service provision card; whereas the Commission should be empowered to lay down this format and other procedures in connection with the EC service provision card, acting in accordance with the procedure set out in Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas 1 ; ___________________ 1 OJ L 164, 14.7.1995, p. 1.    (13) Whereas it is vital for the implementation of this Directive to ensure close cooperation between the competent authorities of the Member States; whereas it would be useful for the competent authorities of the Member States to adopt a uniform format for the EU service provision card; whereas the Commission should be empowered to lay down this format and other procedures in connection with the EU service provision card, acting in accordance with the advisory procedure set out in Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission 1 ; 1 OJ L 184, 17.7.1999, p. 23. (Amendment 6) Recital 15    (15) Whereas, in accordance with the principle of proportionality as set out in the third paragraph of Article 3b of the EC Treaty, this Directive does not go beyond what is necessary for achieving the objective of the free movement of services; whereas it covers only the checks that precede the provision of cross-border services, but not the checks made afterwards in the Member State in which the service is provided; whereas it is limited to postings for periods of not more than twelve months and to the recognition of diplomas, certificates and other qualifications acquired within the Community;    (15) Whereas, in accordance with the principle of proportionality as set out in the third paragraph of Article 5 of the EC Treaty, this Directive does not go beyond what is necessary for achieving the objective of the free movement of services; whereas it covers only the checks that precede the provision of cross-border services, but not the checks made in the Member State in which the service is provided; whereas it is limited to postings for periods of not more than twelve months and to the recognition of diplomas, certificates and other qualifications acquired within the Community; (Amendment 7) Article 1 This Directive applies to service providers established in a Member State who, in connection with the provision of cross-border services, post workers who are nationals of a third country to the territory of another Member State. 1. This Directive applies to service providers established in a Member State who, in connection with the provision of cross-border services, temporarily post workers who are nationals of a third country    (a) under their direction to the territory of a Member State under a contract concluded between the undertaking making the posting and the party for whom the services are intended operating in that Member State, or    (b) to an establishment or an undertaking owned by their group in the territory of a Member State ("posting') 1 . _______________________ 1 See Directive 96/71/EC, Article 1(3)(a) and (b) (Amendment 8) Article 1(2) (new) 2. This Directive shall not apply to undertakings within the meaning of Article 1(3)(c) of Directive 96/71/EC. (Amendment 9) Article 2(1), 1st subparagraph    1. When a provider of services proposes, in the ordinary course of his business, to post an employed worker who is a national of a third country to one or more other Member States on account of one of the situations set out in points (a) and (b) of Article 1(3) of Directive 96/71/EC , the Member State in which the service-provider is established shall be obliged to issue to him, at his request, a document to be known as an "EC service provision card" .    1. When a provider of services proposes to make a posting to one or more other Member States, the Member State in which the service provider is established shall be obliged to issue to him, at his request, an EU service provision card under the conditions laid down in this Directive . (Amendment 10) Article 2(1), 2nd subparagraph The EC service provision card shall be issued if it is established that :    (a) the worker resides in that Member State, in accordance with its legislation; The EU service provision card shall be issued on request for the provision of services in the territory of all or individual Member States    (a) if the service provider furnishes proof that during the requested period of validity of the card and for at least three months after its expiry, in accordance with the legislation applying in the Member State in which the service provider is established, the worker    (i) normally resides in that Member State;    (b) he is affiliated to the social security scheme in the Member State responsible for the risk of sickness or industrial accident, or else is insured against the risk of sickness or industrial accident during his posting to one or more other Member States.    (ii) is not obliged, for reasons to do with the right of residence, to leave the territory of that Member State and is lawfully employed there,    (iii) is insured against the risk of sickness and occupational accident. Adequate proof shall be deemed to be provided if the social insurance institution of the Member State in which the service provider is established, or a private insurance policy, covers such risks when the worker resides in the other Member States in connection with the provision of services,    (b) if the service provider furnishes proof that there is nothing in the relevant legislation implementing Directive 64/221/EEC in the Member State in which the service is provided to prevent the worker from pursuing an activity there, and    (c) if no Member State challenges the validity of the service provision card on its territory on the grounds referred to under (a) and (b). If any one of these conditions ceases to apply after the EU service provision card has been issued, the card shall cease to be valid notwithstanding the continued validity of the insurance protection against sickness and occupational accident. The relevant Member State shall require the service provider to cooperate in the return of the EU service provision card. (Amendment 11) Article 2(2), 1st subparagraph    2. The EC service provision card shall be valid for the period during which the worker is in lawful actual employment, which may not exceed    (a) twelve months in the case of lawful actual employment for more than twelve months before the card is issued, or    (b) six months in the case of lawful actual employment for more than six months before the card is issued.    2. The period of validity of the EU service provision card may not exceed the period during which the worker has already been in lawful and actual employment in the Member State in which the service provider is established, and may in no case exceed twelve months. The minimum requirement for the issue of the EU service provision card shall be three months of proven lawful and actual employment. (Amendment 12) Article 2(2), 2nd subparagraph "Lawful employment” means work carried out under Community or national regulations, or with the authorisation of the Member State issuing the EC service provision card, which permits access to a job either with the applicant service provider or with another employer established in the Member State in question. A worker shall be regarded as lawfully employed if he is permitted to be in paid employment by virtue of a provision of Community law or of laws, regulations or administrative provisions in the Member State in which the service provider is established. (Amendment 13) Article 2(4), 1st subparagraph    4. The EC service provision card shall be a separate document belonging to the service provider, which he puts at the disposal of the posted employed worker described therein. It shall contain the following data:    4. The service provider shall put the EU service provision card at the disposal of the worker named on the card . The EU service provision card shall contain details of :    (a) details of the service provider and the posted worker;    (a) the service provider, the provider's field of business and the posted worker;    (b) the period of validity;    (b) the period of validity;    (c) the issuing authority and issuing Member State.    (c) the issuing authority and issuing Member State;    (ca) the Member States for which the card is valid. (Amendment 14) Article 2(4), 2nd subparagraph The precise details, a specimen of the document to be issued, and the technical specifications designed to prevent falsification shall be laid down in an implementing regulation in accordance with the procedure provided for in Article 6 of Regulation (EC) No 1683/95. The precise details, a specimen of the document to be issued, and the technical specifications designed to prevent falsification shall be laid down in accordance with the following procedure:    - The Commission shall be assisted by an advisory committee as referred to in Article 3 of Decision 1999/468/EC. Article 8 of the Decision shall apply.    - The European Parliament shall be informed by the Commission of committee proceedings on a regular basis, pursuant to Article 7(3) of the Decision. The principles and conditions on public access to documents applicable to the Commission shall apply to the committee. (Amendment 15) Article 2(5)    5. The Member State issuing the EC service provision card may not regard posting for the provision of services in another Member State as being an interruption of the posted worker's period of residence or paid activity.    5. The Member State issuing the EU service provision card may not regard posting for the provision of services in another Member State as being an interruption of the posted worker's period of residence or paid activity. Should the contract between the service provider and the posted worker come to an end, the service provider shall immediately inform the authorities of the Member State in which the services are being provided. The issuing Member State may not refuse, under national regulations, the readmission to its territory of the posted worker, for any reason whatsoever. The issuing Member State may not refuse, under national regulations, the readmission to its territory of the posted worker, for any reason whatsoever, including that of the termination of the contract between the service provider and the posted worker . (Amendment 16) Article 3(1)    1. Any Member State in which services are provided shall permit the entry and residence of a worker who is a third-country national to its territory for the purpose of one or more provisions of services, if such person is in possession of the EC service provision card, and of an identity card or passport valid for the period during which the services are to be provided.    1. Any Member State in which services are provided shall permit the entry and residence of a worker who is a third-country national on its territory for the purpose of one or more provisions of services, if such person is in possession, for the period during which the services are to be provided, of a valid EU service provision card, a copy of the order form for the specific service to be provided, showing the expected duration of the person's presence, and a valid identity card or passport. (Amendment 17) Article 3(3)    3. Any Member State in which a service is provided may require the service provider to declare, before the worker enters the territory, the intended presence of the posted worker, the period of presence provided for and the service provision or provisions for which he is to be posted . If the total period required for the service provision or provisions in question exceeds six months out of a period of twelve months, the Member State shall issue, after entry of the posted worker, a temporary residence permit showing that residence is authorised.    3. Any Member State in which a service is provided may require the service provider, if the posted worker is not in possession of a valid EU service provision card, to declare, before the worker enters the territory, the intended presence of the posted worker, the period of presence provided for and the service provision or provisions for which he is to have entry . If the total period required for the service provision or provisions in question exceeds six months out of a period of twelve months, the Member State shall issue, after entry of the posted worker, a temporary residence permit showing that residence is authorised. (Amendment 18) Article 4(2a) (new) 2a. The provisions of Directive 96/71/EC shall apply in full to beneficiaries of this Directive. (Amendment 19) Article 5    1. The Member States shall designate the authorities responsible for issuing the EC service provision card and the temporary residence permit, and for receiving the information referred to in Article 3(3). They shall provide the Commission and the other Member States with a list of such authorities. They shall take the necessary measures for simplifying as far as possible the formalities, deadlines and procedures for obtaining the above-mentioned documents, which shall be issued free of charge or on payment of a sum not exceeding the duties and taxes payable for the issuing of identity cards to national citizens .    1. Each Member State shall designate the authority responsible for issuing the EU service provision card and the temporary residence permit.    2. Member States shall provide for cooperation between the public administrations responsible under national legislation for matters connected with the implementation of this Directive. Cooperation shall in particular entail replying to any reasoned request for information. Such cooperation shall be provided free of charge and without delay.    2. The authority shall grant access to the service cards issued, and the information contained therein pursuant to Article 2(4), first subparagraph, to the authorities of the other Member States. A common system may be used for this purpose.

European Parliament legislative resolution on the proposal for a European Parliament and Council directive on the posting of workers who are third-country nationals for the provision of cross-border services (COM(1999) 3 - C4-0095/1999 - 1999/0012(COD) )

P5_TA(2000)0037 A5-0007/2000

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(1999) 3 )(2) ,

-  having regard to Articles 251(2), 47(2) and 55 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0095/1999 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Legal Affairs and the Internal Market and the opinions of the Committee on Employment and Social Affairs and the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0007/2000 ),

1.  Approves the Commission proposal as amended;

2.  Asks to be consulted again should the Commission intend to amend its proposal substantially or replace it with another text;

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

(1) OJ C 67, 10.3.1999, p. 12. (2) OJ C 67, 10.3.1999, p. 12.

Proposal for a Council directive extending the freedom to provide cross-border services to third-country nationals established within the Community (COM(1999) 3 - C5-0050/2000 - 1999/0013(CNS) )

P5_TA(2000)0038 A5-0012/2000

The proposal was amended as follows:

Text proposed by the Commission(1)   Amendments by Parliament (Amendment 1) Entire text Replace the term 'EC service provision card' with the term 'EU service provision card' throughout . (Amendment 2) Recital 7    (7) Whereas the freedom to provide services entails as a corollary the right of entry into and residence on the territory of the Member State in which the service is provided; whereas, in the absence of uniform national documents covering the various aspects of movement, a document known as an "EC service provision card” should be the instrument facilitating the provision of cross-border services with a view to current or potential movements in connection with normal activities ; whereas it should be for the service provider to decide whether to apply for the EC service provision card; whereas this Directive, similarly, does not affect the undertakings of the Community and its Member States, given in the context of the General Agreement on Trade in Services (GATS); whereas the EC service provision card should include only the data required under Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;    (7) Whereas the freedom to provide services entails as a corollary the right of entry into and residence on the territory of the Member State in which the service is provided; whereas the "EU service provision card”, to be issued by the Member State in which the service provider is established, is intended to remove the legal uncertainties associated with the provision of cross-border services and thus facilitate the free movement of services ; whereas, in the case of an intention to provide cross-border services, the service provider should therefore be entitled to apply for an EU service provision card in the Member State in which he is established ; whereas this Directive, similarly, does not affect the undertakings of the Community and its Member States, given in the context of the General Agreement on Trade in Services (GATS); whereas the EU service provision card should include only the data required under Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; (Amendment 3) Recital 10    (10) Whereas each Member State in which a service is provided should be able to make it obligatory to declare, before the entry of the provider concerned into the territory, his intended presence and the service or services for which he is moving; whereas an obligation to make a prior declaration should enable the Member State in question to take measure in specific cases on grounds of public order, public security or public health, within the limits set by this Directive; whereas each Member State in which a service is provided should also be able to make it obligatory to obtain, after entry, a temporary residence permit if the time required for the services for which the self-employed person is moving exceeds six months out of a period of twelve months; whereas the period of validity of a residence permit should be limited to the period of validity of the EC service provision card on the grounds that the Member State intends to issue a residence permit in accordance with its own rules in the case of residence for a period of more than twelve months;    (10) Whereas each Member State in which a service is provided should continue to be able, in the case of providers without an EU service provision card, to make it obligatory to declare, before the entry of the provider concerned into the territory, his intended presence and the service or services for which he is moving; whereas an obligation to make a prior declaration should enable the Member State in question to take measures in specific cases on grounds of public order, public security or public health, within the limits set by this Directive; whereas each Member State in which a service is provided should also be able to make it obligatory to obtain, after entry, a temporary residence permit if the time required for the services for which the self-employed person is moving exceeds six months out of a period of twelve months; whereas the period of validity of a residence permit should be limited to the period of validity of the EU service provision card on the grounds that the Member State intends to issue a residence permit in accordance with its own rules in the case of residence for a period of more than twelve months; (Amendment 4) Recital 13    (13) Whereas it is vital to ensure close cooperation between the competent authorities of the Member States; whereas it would be useful for the competent authorities of the Member States to adopt a standard format for the EC service provision card; whereas the Commission should be empowered to lay down this format and other procedures in connection with the EC service provision card in accordance with the committee procedures set out in Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas 1 ; 1 OJ L 164,14.7.1995, p. 1.    (13) Whereas it is vital to ensure close cooperation between the competent authorities of the Member States; whereas it would be useful for the competent authorities of the Member States to adopt a standard format for the EU service provision card; whereas the Commission should be empowered to lay down this format and other procedures in connection with the EU service provision card in accordance with the advisory procedure set out in Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission 1 ; 1 OJ L 184,17.7.1999, p. 23. (Amendment 5) Article 1(1)    1. Member States shall ensure that nationals of a third country established within the Community enjoy the freedom to provide services in accordance with the provisions of this Directive .    1. This Directive shall apply to service providers who are nationals of a third country and who are lawfully established within the Community. (Amendment 6) Article 1(2)    2. This Directive shall not cover nationals of a third country as recipients of cross-border services and provisions of services in the transport sector.    2. This Directive shall not apply to recipients of cross-border services who are nationals of third countries or to provisions of services in the transport sector. (Amendment 7) Article 1(3)    3. For the purposes of this Directive, "service provider” means any natural person who is a third-country national and who, in the Member State of establishment ,    3. A "service provider” within the meaning of this Directive must, in the Member State in which he is established ,    (a) has lawfully set up his main establishment from which he has maintained an actual, continuous link as a self-employed person with the economy of that Member State for at least twelve months;    (a) have lawfully set up his main establishment from which he has maintained an actual, continuous link as a self-employed person with the economy of that Member State for at least twelve months;    (b) has his residence, in accordance with the legislation of that State;    (b) have had his residence, in accordance with the legislation of that State, for at least twelve months ; and    (c) is not also an employee.    (c) not also be an employee. (Amendment 8) Article 2(1), 1st subparagraph    1. When a provider of services proposes, in the ordinary course of his business, to move to, and to reside in, one or more other Member States, in his capacity as such, the Member State in which he is established shall be obliged to issue to him, at his request, a document to be known as an "EC service provision card”.    1. When a provider of services proposes, in the ordinary course of his business, to move to, and to reside in, one or more other Member States, in his capacity as such, the Member State in which he is established shall be obliged to issue to him, at his request, an "EU service provision card”. (Amendment 9) Article 2(1), 2nd subparagraph For the purposes of the first paragraph, confirmation shall be given that the service provider is affiliated to the social security scheme of the competent Member State against the risk of sickness and industrial accident, or, failing such affiliation, is covered by insurance against sickness and industrial accident during his movements through one or more other Member States. The EU service provision card shall be issued on request for the provision of services in the territory of all or individual Member States    (a) if the service provider furnishes proof that, during the period of validity of the card and for at least three months after its expiry, he    (i) satisfies the provisions of Article 1(3);    (ii) is insured against the risk of sickness and occupational accidents. Adequate proof shall be deemed to be provided if the social insurance institution of the Member State in which the service provider is established, or a private insurance policy, covers these risks when the service provider resides in the other Member States in connection with the provision of services;    (iii) is not obliged, for reasons to do with the right of residence, to leave the territory of the Member State;    (b) if there is nothing in the relevant legislation implementing Directive 64/221/EEC in the Member State where the services are provided to prevent him from pursuing his activities; and    (c) if no Member State challenges the validity of the service provision card on its territory on the grounds referred to under (a) and (b) and in Article 4. If any one of these conditions ceases to apply after the EU service provision card has been issued, the card shall cease to be valid notwithstanding the continued validity of insurance protection against sickness and occupational accidents. The relevant Member State shall require the service provider to cooperate in the return of the EU service provision card. (Amendment 10) Article 2(3), 1st subparagraph 3. The EC service provision card shall be a separate document belonging to the service provider, and shall contain the following data: 3. The EU service provision card shall contain details of:    (a) details of the service provider;    (a) the service provider;    (b) t he period of validity;    (b) the period of validity;    (c) the issuing authority and issuing Member State.    (c) the issuing authority and issuing Member State;    (ca) the Member States for which the card is valid;    (cb) the nature of the activities. (Amendment 11) Article 2(3), 2nd subparagraph The precise details, a specimen of the document to be issued, and the technical specifications designed to prevent falsification shall be laid down in an implementing regulation in accordance with the procedure laid down in Article 6 of Regulation (EC) No 1683/95. The precise details, a specimen of the document to be issued, and the technical specifications designed to prevent falsification shall be laid down in accordance with the following procedure:    - the Commission shall be assisted by an advisory committee. The provisions of Article 3 of Decision 1999/468/EC shall apply, without prejudice to Article 8 thereof.    - the European Parliament shall be informed by the Commission of committee proceedings on a regular basis, pursuant to Article 7(3) of the Decision. The principles and conditions on public access to documents applicable to the Commission shall apply to the committee. (Amendment 12) Article 2(3a) (new) 3a. In addition to the EU service provision card, the service provider must carry with him a copy of the order form for the specific service to be provided showing the probable duration of his presence. (Amendment 13) Article 3(1)    1. Any Member State in which services are provided shall permit the entry into and residence on its territory of a self-employed person who is a third-country national for the purposes of one or more provisions of services, if such person is in possession of the EC service provision card, and of an identity card or passport valid for the period in which the services are to be provided.    1. Any Member State in which services are provided shall permit the entry into and residence on its territory of a self-employed person who is a third-country national for the purposes of one or more provisions of services, if such person is in possession of a valid EU service provision card, and of an identity card or passport valid for the period in which the services are to be provided. (Amendment 14) Article 3(3)    3. Any Member State in which a service is provided may require the service provider to declare, before he enters the territory, his intended presence, the period of presence provided for and the service provision or provisions for which he is moving. If the total period required for the service provision or provisions in question exceeds six months out of a period of twelve months, the Member State shall issue, after entry, a temporary residence permit showing that residence is authorised.    3. Any Member State in which a service is provided may require the service provider, if he is not in possession of a valid EU service provision card, to declare, before he enters the territory, his intended presence, the period of presence provided for and the service provision or provisions for which he is moving. If the total period required for the service provision or provisions in question exceeds six months out of a period of twelve months, the Member State shall issue, after entry, a temporary residence permit showing that residence is authorised. (Amendment 15) Article 4(2)    2. Member States may not derogate from this Directive except on grounds of public order, public security or public health, in which case Directive 64/221/EEC shall apply mutatis mutandis .    2. Member States may derogate from this Directive:    - on general grounds of public order, public security or public health, in which case Directive 64/221/EEC shall apply mutatis mutandis ;    - in individual cases if the activity of the service provider deviates significantly from the conditions for working as a self-employed person laid down under national law . (Amendment 16) Article 5    1. The Member States shall designate the authorities responsible for issuing the EC service provision card and the temporary residence permit, and for receiving the information referred to in Article 3(3). They shall provide the Commission and the other Member States with a list of such authorities. They shall take the necessary measures for simplifying as far as possible the formalities, deadlines and procedures for obtaining the abovementioned documents, which shall be issued free of charge or on payment of a sum not exceeding the duties and taxes payable for the issuing of identity cards to national citizens .    1. Each Member State shall designate the authority responsible for issuing the EC service provision card and the temporary residence permit.    2. Member States shall provide for cooperation between the public administrations responsible under national legislation for matters connected with the implementation of this Directive. Cooperation shall in particular entail replying to any reasoned request for information. It shall be provided free of charge and without delay.    2. This authority shall grant access to the service cards issued, and the information contained therein pursuant to Article 2(3), first subparagraph, to the authorities of the other Member States. 2a.They may make use of a common system for this purpose.

European Parliament legislative resolution on the proposal for a Council directive extending the freedom to provide cross-border services to third-country nationals established within the Community (COM(1999) 3 - C5-0050/2000 - 1999/0013(CNS) )

P5_TA(2000)0038 A5-0012/2000

(Consultation procedure)

The European Parliament,

-  having regard to the Commission proposal to the Council (COM(1999) 3 ),(2)

-  having been consulted by the Council (C5-0050/2000 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Legal Affairs and the Internal Market and the opinions of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the Committee on Employment and Social Affairs (A5-0012/2000 ),

1.  Approves the Commission proposal as amended;

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

3.  If the Council intends to depart from the text approved by Parliament, calls on the Council to notify Parliament;

4.  Asks to be consulted again if the Council intends to amend the Commission proposal substantially;

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

(1) OJ C 67, 10.3.1999, p. 17. (2) OJ C 67, 10.3.1999, p. 17.

Proposal for a Council decision amending Decision 88/591/ECSC, EEC, Euratom establishing a Court of First Instance of the European Communities (5713/1999 - C5-0020/1999 - 1999/0803(CNS) )

P5_TA(2000)0039 A5-0003/2000

The proposal was approved.

European Parliament legislative resolution on the proposal for a Council decision amending Decision 88/591/ECSC, EEC, Euratom establishing a Court of First Instance of the European Communities (5713/1999 - C5-0020/1999 - 1999/0803(CNS) )

P5_TA(2000)0039 A5-0003/2000

(Consultation procedure)

The European Parliament,

-  having regard to the proposals of the Court of Justice of the European Communities (5713/1999),

-  having been consulted by the Council pursuant to Article 225(2) of the EC Treaty (C5-0020/1999 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0003/2000 ),

1.  Approves the Court of Justice proposal;

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

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

4.  Asks to be consulted again should the Council intend to amend the Court's proposal substantially;

5.  Instructs its President to forward its position to the Council, the Court of Justice and the Commission.

Proposal for a Council decision amending Decision 88/591/ECSC, EEC, Euratom establishing a Court of First Instance of the European Communities (9614/1999 - C5-0167/1999 - 1999/0805(CNS) )

P5_TA(2000)0040 A5-0003/2000

The proposal was approved.

European Parliament legislative resolution on the proposal for a Council decision amending Decision 88/591/ECSC, EEC, Euratom establishing a Court of First Instance of the European Communities (9614/1999 - C5-0167/1999 - 1999/0805(CNS) )

P5_TA(2000)0040 A5-0003/2000

(Consultation procedure)

The European Parliament,

-  having regard to the proposals of the Court of Justice of the European Communities (9614/1999),

-  having been consulted by the Council pursuant to Article 225(2) of the EC Treaty (C5-0167/1999 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0003/2000 ),

1.  Approves the Court of Justice proposal;

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

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

4.  Asks to be consulted again should the Council intend to amend the Court's proposal substantially;

5.  Instructs its President to forward its position to the Council, the Court of Justice and the Commission.

Proposal for a Council decision providing exceptional Community financial assistance to Kosovo (COM(1999) 598 - C5-0045/2000 - 1999/0240(CNS) )

P5_TA(2000)0041 A5-0022/2000

The proposal was amended as follows:

Text proposed by the Commission   Amendments by Parliament (Amendment 1) Recital 10a (new) . (10a) In its statement of 28 September 1999, the High-Level Steering Group for South-Eastern Europe stated inter alia that: 'the provision of external budgetary support, fairly shared among donors, is essential to help cover the residual financing needs identified under the budget prepared for Kosovo by UNMIK'; (Amendment 2) Recital 13    (13) Financial assistance from the Community in the form of straight grants to be made available to UNMIK in support of the Kosovo people is an appropriate measure to help ease Kosovo's financial constraints in the current exceptionally difficult circumstances;    (13) Financial assistance from donors including the Community in the form of straight grants to be made available to UNMIK in support of the Kosovo people is an appropriate measure to help ease Kosovo's financial constraints in the current exceptionally difficult circumstances; (Amendment 3) Recital 15a (new) (15a) This financial assistance may under no circumstances benefit any administration, municipality or other institution appointed and controlled by the self-appointed "government" which is not recognised by the international community; (Amendment 4) Article 1(1)    1. The Community shall make available to UNMIK exceptional financial assistance in the form of straight grants of up to EURO 35 million, with a view to alleviating the financial situation in Kosovo, comforting the establishment of essential administrative functions and supporting the development of a sound economic framework.    1. The Community shall make available to UNMIK exceptional financial assistance in the form of straight grants not exceeding EUR 35 million, subject to other donors also honouring their commitments, with a view to alleviating the financial situation in Kosovo, comforting the establishment of essential administrative functions and supporting the development of a sound economic framework. (Amendment 5) Article 2(1a) (new) 1a. The exceptional financial assistance may be used solely to finance budgetary needs in Kosovo which arise in public, quasipublic, municipal and other administrations and institutions appointed by UNMIK or directly by the Special Representative of the UN Secretary-General (SRSG) and completely controlled by them. (Amendment 6) Article 2(2)    2. The Commission shall verify at regular intervals, in consultation with the Economic and Financial Committee and in liaison with the IMF and the World Bank, that economic policies in Kosovo respect the objectives and economic policy conditions of this assistance.    2. The Commission shall verify at regular intervals, in consultation with the Economic and Financial Committee and in liaison with the IMF and the World Bank, that economic policies in Kosovo respect the objectives and economic policy conditions of this assistance and the restrictions imposed under paragraph 1a. (Amendment 7) Article 3(1)    1. The assistance shall be made available to UNMIK in at least two instalments on the basis of a successful completion of the economic policy conditions referred to in Article 2(1). The second tranche shall not be released before two months after the release of the first tranche.    1. The assistance shall be made available to UNMIK in at least two instalments on the basis of a successful completion of the economic policy conditions referred to in Article 2(1) and observance of the restrictions imposed by Article 2(1a) . The second tranche, which is subject to the same conditions and restrictions, shall not be released before two months after the release of the first tranche, and only once the conditions laid down in Article 1(1) have been met. The Commission shall inform the budgetary authority thereof.

European Parliament legislative resolution on the proposal for a Council decision providing exceptional Community financial assistance to Kosovo (COM(1999) 598 - C5-0045/2000 - 1999/0240(CNS) )

P5_TA(2000)0041 A5-0022/2000

(Consultation procedure)

The European Parliament,

-  having regard to the Commission proposal to the Council (COM(1999) 598 ),

-  having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5-0045/2000 ),

-  having regard to Rule 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the opinion of the Committee on Budgets (A5-0022/2000 ),

1.  Approves the Commission proposal as amended;

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

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

4.  Asks to be consulted again if the Council intends to amend the Commission proposal substantially;

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

Resolution of the European Parliament on the convening of the Intergovernmental Conference (14094/1999 - C5-0341/1999 - 1999/0825(CNS) )

P5_TA(2000)0042 A5-0018/2000

The European Parliament,

-  having been consulted by the Council, pursuant to Article 48(2) of the Treaty on European Union, on the convening of an intergovernmental conference (IGC) to consider the changes to be made to the treaties establishing the European Union (C5-0341/1999 ),

-  having regard to the Commission communication dated 2 December 1999 entitled 'Adapting the institutions to make a success of enlargement' (COM (1999) 592),

-  having regard to the Commission opinion dated 26 January 2000 entitled 'Adapting the Institutions to make a success of enlargement' (COM (2000) 34),

-  having regard to the conclusions of the European Councils held in Cologne (3 June 1999), Tampere (15 October 1999) and Helsinki (10 December 1999),

-  having regard to its resolutions of 19 November 1997 on the Treaty of Amsterdam(1) , of 6 May 1999 on the method and timetable of the forthcoming institutional reform(2) and of 18 November 1999 on the preparation of the reform of the treaties and the next Intergovernmental Conference(3) ,

-  having regard to the report of the Committee on Constitutional Affairs (A5-0018/2000 ),

A.  in view of the impetus given to the process of enlargement by the Heads of State or Government at Helsinki and to the scale of such a process, which now includes 13 applicant countries within a single framework,

B.  whereas the new pace of the enlargement process agreed in Helsinki requires a reform of the treaties capable of ensuring institutional stability, of creating democratic methods for constitutional reform, of safeguarding and increasing the effectiveness of the decision-making process and of strengthening democracy in order to make further progress in European integration,

C.  whereas the prospect of an enlarged Union means that a constitutional process must be initiated,

D.  whereas the quickening pace of economic globalisation and the introduction of the euro likewise require an improvement of the Union's decision-making procedures in the field of economic policy, in order to make them more transparent, effective and democratic, by improving the provisions of the treaties,

E.  having regard to the particular responsibility it bears as regards the taking of the final decision on the accession of new Member States, given that Article 49 of the Treaty on European Union stipulates that Parliament's assent is a prerequisite for accession,

F.  whereas the conclusions of the Helsinki European Council fell short of the proposals set out in its aforementioned resolution of 18 November 1999 and in the Commission communication,

G.  whereas the opinion presented by the Commission on 26 January 2000 clearly argues in favour of the IGC's agenda being expanded,

H.  recalling its decision to assess the IGC's conclusions in view of its outcome as regards enlargement needs,

1.  Considers that the agenda adopted in Helsinki in December 1999 by the Heads of State and of Government for the IGC which is to begin in February 2000 does not comply with Amsterdam Protocol No 7, which calls for a comprehensive review of the provisions of the treaties concerning the institutions in the light of the challenges of enlargement, and that it fails to satisfy the requirements of greater effectiveness and greater democratic legitimacy of the Union;

2.  Welcomes the commitment of the Portuguese Presidency to expand the IGC agenda;

3.  Welcomes the start of work on drawing up the Charter on fundamental rights for the people living in the Union and stresses its demand, that the Charter be included in the Treaties;

4.  Calls on the Portuguese Presidency to honour its undertaking to propose topics for inclusion on the IGC agenda to the Lisbon European Council and, in doing so, to pay the utmost attention to the proposals set out in Parliament's resolution of 18 November 1999 and to those of the Commission and of the Member States in order to pave the way for an ambitious reform of the Treaty;

5.  Will specify its priorities to the IGC in a subsequent report based on its abovementioned resolution of 18 November 1999, and will put forward specific proposals which will be presented by the President and her representatives, who should participate fully in the Conference at all levels;

6.  Believes that the final decision of the Member States should be submitted to the European Parliament via the assent procedure;

7.  Stresses the need for transparency in the working methods of the IGC so that the citizens of the Union may be informed about the progress of work and of the major decisions taken by the Conference;

8.  Considers that an IGC is essential; objects to the excessively narrow agenda adopted in Helsinki, which might well jeopardise the process of integration, and calls for an open-minded approach on the part of the Council towards the Portuguese Presidency's proposals to expand the agenda for the Conference;

9.  Instructs its President to forward this resolution to the Council, the Commission and the Heads of State or Government and the parliaments of the Member States.

(1) OJ C 371, 8.12.1997, p. 99. (2) OJ C 279, 1.10.1999, p. 416. (3) Item 4 of Texts Adopted of that date.

European Parliament resolution on the result of the legislative elections in Austria and the proposal to form a coalition government between the ÖVP (Austrian People's Party) and the FPÖ (Austrian Freedom Party)

P5_TA(2000)0043 B5-0101/2000

The European Parliament,

-  having regard to Article 6 of the Treaty on European Union, which recalls the principles of freedom, democracy and respect for human rights as the foundation for a modern, democratic, open and tolerant Europe,

-  having regard to Article 7 of the Treaty on European Union whereby certain rights of a member of the Union may be suspended in the event of a serious and persistent breach of the principles mentioned in Article 6,

-  having regard to the principles recognised in the European Convention for the Protection of Human Rights,

-  having regard to the result of the legislative elections in Austria on 3 October 1999 and the proposal of 1 February 2000 to establish a coalition government between the ÖVP and the FPÖ,

-  having regard to the statement made by the Portuguese Presidency on behalf of 14 Heads of State and Government on 31 January 2000,

-  having regard to the statement made by the Commission on 1 February 2000;

A.  whereas the objectives of peace and reconciliation have, in the aftermath of the Second World War, led to the emergence and achievement of the political project of the European Union,

B.  considering the very strict conditions imposed on candidate states as laid down in the conclusions of the European Council of Copenhagen in June 1993, according to which candidate states must meet political criteria on the existence of stable institutions guaranteeing democracy, primacy of the rule of law, human rights and respect for and protection of minorities,

C.  whereas the EU cannot demand of candidate states standards which are not seen to apply with equal force to Member States,

D.  insisting on the promotion and defence of European democratic values on the part of EU and its institutions and recognising the integrity of the democratic rights and constitutional prerogatives of the Austrian people and state,

1.  Condemns all the insulting, xenophobic and racist statements issued by the leader of the Austrian Freedom Party, Jörg Haider, over many years;

2.  Believes that the admission of the FPÖ into a coalition government legitimises the extreme right in Europe;

3.  Believes that such sentiments can play no part in the evolution of the political relations between Austria and the EU and in particular alerts Mr Schüssel, as leader of ÖVP, to his profound political responsibility to ensure that any government which he might lead must respect the spirit and the letter of the fundamental principles of the Treaty;

4.  Welcomes the timely political intent of the statement of the Portuguese Presidency in so far as it reiterates Member States" common concern to defend common European values as an act of necessary heightened vigilance;

5.  Trusts in the large majority of the Austrian people who did not vote for the FPÖ, and calls on the Council and Commission to give their full support to activities in Austria organised to counter racist, xenophobic and anti-immigrant views;

6.  Welcomes the timely political intent of the statement of the Commission in so far as it reiterates Member States" common concern to defend common European values as an act of necessary heightened vigilance;

7.  Calls on the Commission and the Council, together with the Parliament, to monitor developments especially regarding racism and xenophobia in Austria and throughout Europe;

8.  Calls on the Council and Commission to be prepared, in the event of the existence of a serious and persistent breach by whatever Member State of principles mentioned in Article 6(1) of the Treaty on European Union, to take action under Article 7 of this Treaty and, following Parliament's assent, to suspend that State's rights deriving from the application of this Treaty;

9.  Instructs its President to forward this resolution to the Austrian President and Government, the Council and the Commission.