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|
 Legal aspects of electronic commerce ***II |
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(Codecision procedure: second reading) - having regard to the Council common position (14263/1/1999 - C5-0099/2000 ), - having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1998) 586 (2) - C4-0020/1999 ), - having regard to the Commission's amended proposal (COM(1999) 427 ), - 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 (A5-0106/2000 ), 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. Asks the Commission to ensure rapid and rigorous implementation of this Directive in the Member States and in particular, with respect to the liability of intermediary service providers, to encourage the establishment of efficient notice and take-down procedures by interested parties and to prevent any interpretation of Articles 12 to 15 which would call into question the balance achieved in those articles; 6. Asks the Commission to present initiatives providing guidance for the elaboration of codes of conduct which will ensure in particular the participation, where appropriate, of associations of consumers and Internet users; 7. Instructs its President to forward its position to the Council and Commission.
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| Aid to uprooted people in Asia and Latin America ***I |
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The proposal was amended as follows:
(Codecision procedure: first reading) - having regard to the Commission proposal to the European Parliament and the Council (COM(1999) 443 (2) ), - having regard to Article 251(2) and Article 179(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0146/1999 ), - having regard to Rule 67 of its Rules of Procedure, - having regard to the report of the Committee on Development and Cooperation and the opinions of the Committee on Budgetary Control and the Committee on Budgets (A5-0065/2000 ), 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.
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| EC-Switzerland agreements *** |
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(Assent procedure) - having regard to the proposal for a decision of the Council and, concerning the Agreement on scientific and technical cooperation, of the Commission (7260/2000 - COM(1999) 229 - C5-0204/2000 ), - having regard to the draft Agreement between the European Community and the Swiss Confederation on the free movement of persons (9748/1999), - having regard to the Council's request for Parliament's assent pursuant to Article 300(3), second subparagraph, in conjunction with Article 310 of the EC Treaty (C5-0197/2000 ), - having regard to Rules 86 and 97(7) of its Rules of Procedure, - having regard to the recommendation of the Committee on Industry, External Trade, Research and Energy and the opinions of the Committee on Budgets and the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0118/2000 ), 1. Gives its assent to the conclusion of the Agreement; 2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and of the Swiss Confederation. | |||||||
| EC-Switzerland agreements *** |
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(Assent procedure) - having regard to the proposal for a decision of the Council and, concerning the Agreement on scientific and technical cooperation, of the Commission (7260/2000 - COM(1999) 229 - C5-0204/2000 ), - having regard to the draft Agreement between the European Community and the Swiss Confederation on air transport (9749/1999), - having regard to the Council's request for Parliament's assent pursuant to Article 300(3), second subparagraph, in conjunction with Article 310 of the EC Treaty (C5-0198/2000 ), - having regard to Rules 86 and 97(7) of its Rules of Procedure, - having regard to the recommendation of the Committee on Industry, External Trade, Research and Energy and the opinions of the Committee on Budgets and the Committee on Regional Policy, Transport and Tourism (A5-0118/2000 ), 1. Gives its assent to the conclusion of the Agreement; 2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and of the Swiss Confederation. | |||||||
| EC-Switzerland agreements *** |
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(Assent procedure) - having regard to the proposal for a decision of the Council and, concerning the Agreement on scientific and technical cooperation, of the Commission (7260/2000 - COM(1999) 229 - C5-0204/2000 ), - having regard to the draft Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and road (9750/1999), - having regard to the Council's request for Parliament's assent pursuant to Article 300(3), second subparagraph, in conjunction with Article 310 of the EC Treaty (C5-0199/2000 ), - having regard to Rules 86 and 97(7) of its Rules of Procedure, - having regard to the recommendation of the Committee on Industry, External Trade, Research and Energy and the opinions of the Committee on Budgets and the Committee on Regional Policy, Transport and Tourism (A5-0118/2000 ), 1. Gives its assent to the conclusion of the Agreement; 2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and of the Swiss Confederation. | |||||||
| EC-Switzerland agreements *** |
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(Assent procedure) - having regard to the proposal for a decision of the Council and, concerning the Agreement on scientific and technical cooperation, of the Commission (7260/2000 - COM(1999) 229 - C5-0204/2000 ), - having regard to the draft Agreement between the European Community and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, on scientific and technological cooperation (9751/1999), - having regard to the Council's request for Parliament's assent pursuant to Article 300(3), second subparagraph, in conjunction with Article 310 of the EC Treaty (C5-0200/2000 ), - having regard to Rules 86 and 97(7) of its Rules of Procedure, - having regard to the recommendation of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on Budgets (A5-0118/2000 ), 1. Gives its assent to the conclusion of the Agreement; 2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and of the Swiss Confederation. | |||||||
| EC-Switzerland agreements *** |
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(Assent procedure) - having regard to the proposal for a decision of the Council and, concerning the Agreement on scientific and technical cooperation, of the Commission (7260/2000 - COM(1999) 229 - C5-0204/2000 ), - having regard to the draft Agreement between the European Community and the Swiss Confederation on certain aspects relating to public procurement (9752/1999), - having regard to the Council's request for Parliament's assent pursuant to Article 300(3), second subparagraph, in conjunction with Article 310 of the EC Treaty (C5-0201/2000 ), - having regard to Rules 86 and 97(7) of its Rules of Procedure, - having regard to the recommendation of the Committee on Industry, External Trade, Research and Energy and the opinions of the Committee on Budgets and the Committee on Legal Affairs and the Internal Market (A5-0118/2000 ), 1. Gives its assent to the conclusion of the Agreement; 2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and of the Swiss Confederation. | |||||||
| EC-Switzerland agreements *** |
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(Assent procedure) - having regard to the proposal for a decision of the Council and, concerning the Agreement on scientific and technical cooperation, of the Commission (7260/2000 - COM(1999) 229 - C5-0204/2000 ), - having regard to the draft Agreement between the European Community and the Swiss Confederation on trade in agricultural products (9753/1999), - having regard to the Council's request for Parliament's assent pursuant to Article 300(3), second subparagraph, in conjunction with Article 310 of the EC Treaty (C5-0202/2000 ), - having regard to Rules 86 and 97(7) of its Rules of Procedure, - having regard to the recommendation of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on Budgets (A5-0118/2000 ), 1. Gives its assent to the conclusion of the Agreement; 2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and of the Swiss Confederation. | |||||||
| EC-Switzerland agreements *** |
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(Assent procedure) - having regard to the proposal for a decision of the Council and, concerning the Agreement on scientific and technical cooperation, of the Commission (7260/2000 - COM(1999) 229 - C5-0204/2000 ), - having regard to the draft Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment (9755/1999), - having regard to the Council's request for Parliament's assent pursuant to Article 300(3), second subparagraph, in conjunction with Article 310 of the EC Treaty (C5-0203/2000 ), - having regard to Rules 86 and 97(7) of its Rules of Procedure, - having regard to the recommendation of the Committee on Industry, External Trade, Research and Energy and the opinions of the Committee on Budgets and the Committee on Legal Affairs and the Internal Market (A5-0118/2000 ), 1. Gives its assent to the conclusion of the Agreement; 2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and of the Swiss Confederation. | |||||||
| Food Aid Convention 1999 * |
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(Consultation procedure) - having regard to the proposal for a Council decision (COM(1999) 308 ), - having regard to the draft Food Aid Convention 1999 (COM(1999) 308 ), - having regard to Articles 133 and 181 of the EC Treaty, - having been consulted by the Council pursuant to Article 300(3), first subparagraph of the EC Treaty (C5-0148/1999 ), - having regard to Rule 97(7) of its Rules of Procedure, - having regard to the report of the Committee on Development and Cooperation and the opinions of the Committee on Budgets and the Committee on Industry, External Trade, Research and Energy (A5-0105/2000 ), 1. Approves the conclusion of the convention; 2. Calls on the Commission to support priority use of products deriving from Community agricultural production in the implementation of the Convention in its current and future versions; 3. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States. | |||||||
| Financial assistance to Moldova * |
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The proposal was amended as follows:
(Consultation procedure) - having regard to the Commission proposal to the Council (COM(1999) 516 )(2) , - having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5-0261/1999 ), - having regard to Rule 67 of its Rules of Procedure, - having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on Budgets (A5-0082/2000 ), 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.
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| Bodies responsible for interim civilian administration/peace agreements * |
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The proposal was amended as follows:
(Consultation procedure) - having regard to the Commission proposal to the Council (COM(2000) 95 ), - having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5-0118/2000 ), - having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(1) , - having regard to Rule 67 of its Rules of Procedure, - having regard to the report of the Committee on Budgets and the opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the Committee on Budgetary Control (A5-0111/2000 ), 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. Calls for the conciliation procedure to be initiated should the Council intend to depart from the text approved by Parliament; 5. Asks to be consulted again if the Council intends to amend the Commission proposal substantially; 6. Instructs its President to forward its position to the Council and Commission.
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| Trans-European Networks 1998 |
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The European Parliament, - having regard to the Commission Report entitled 'Trans-European Networks - 1998 Annual Report' (COM(1999) 410 - C5-0010/2000 ), - having regard to its resolutions of 9 February 1999 on the Commission report 'Trans-European Transport Network: Report on progress and implementation of the 14 Essen projects, 1998'(1) and 13 January 1999 on the Commission Communication on public-private partnerships in trans-European transport network projects(2) , - having regard to Rule 47(1) of its Rules of Procedure, - having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinion of the Committee on Budgets (A5-0076/2000 ), A. whereas the development of an efficient and environmentally sustainable transport infrastructure covering the whole of the EU territory is vital to bring about mobility of persons and goods, strengthen economic and social cohesion, and guarantee the competitiveness of European industry, B. pointing to the importance of a policy on trans-European transport networks (TEN-T) to promote sustainable economic development and revitalise employment, C. whereas the 14 projects approved by the Essen European Council of 9 and 10 December 1994, as set out in Annex III to European Parliament and Council Decision No 1692/96/EC on Community guidelines for the development of the TEN-T, are an essential outward sign of the EU's real commitment to implementing a proper policy in this area; whereas almost two thirds of the financial resources available for 1998 were used for these projects; D. whereas, all the modes of transport must be utilised in a more integrated way, to enable the intrinsic advantages of each individual mode to be exploited more effectively; whereas combined transport and the most environment-friendly modes should likewise be promoted, E. whereas the EU budget resources fall markedly short of the needs and challenges that have to be met in order to set up a TEN-T, F. whereas unless a greater share of the cost is borne by funding from national, regional, and local public bodies, as well as from the private sector, no significant progress will be possible within any reasonable time span, G. whereas the launch of public-private partnerships (PPP) can and must be a key means of bringing the TEN-T into being, since it will increase the financial viability and profitability of the projects and enable the respective construction costs to be monitored more closely, H. highlighting the need for PPP as a key factor in the development of the TENs network, and at the same time noting the importance of other factors such as environmental issues in this respect, 1. Notes the Commission's 1998 Annual Report on the activities carried out under Regulation (EC) No 2236/95 laying down general rules for the granting of Community financial assistance in the field of trans-European networks; notes that the Report contains information on the contributions provided from the different sources of Community funding to develop the TEN-T and indicates what progress has been achieved in certain specific projects; 2. Considers it necessary to increase the budgetary resources, which at present are decidedly inadequate, allocated for the development of a TEN-T which takes account of commercial, social, ecological and macroeconomic criteria, to compensate for the reduction suffered in the 1990s as a result of the restrictions applied by the Member States in order to achieve the objectives for economic and monetary union; 3. Calls on the Commission likewise to specify in its future annual reports what funding has been provided by national, regional, and local public bodies, and by the private sector, with a view to setting up the TEN-T; therefore calls on the Member States, regional and local authorities and the private sector to forward all the relevant information required to the Commission in good time; 4. Expresses its disquiet at the fact that 7 out of the 14 Essen projects are still facing difficulties to the extent that their funding is not totally guaranteed and no timetables have been drawn up for their implementation; 5. Calls on the Commission to propose support measures and incentives to boost the above-mentioned seven priority projects and, working in tandem with the Member States involved in the projects, to lay down a timetable for their completion; 6. Considers it essential for the Member States to honour the commitments endorsed by the Heads of State or Government at the Essen European Council of 9 and 10 December 1994 regarding the 14 specific TEN-T projects; 7. Calls on the Commission, together with the governments of Germany, Austria and Italy, to develop a four-sided funding and execution plan, taking into account the use of private and public resources from all three countries and the European Union for the Brenner base-level tunnel, in order to ensure that this priority trans-European project can be carried out as soon as possible; 8. Calls on the Commission, in accordance with the objectives and priorities set out in Articles 2g) and 5b) of Decision No 1692/96/EC, to accord greater importance in the forthcoming revision of the TENs guidelines to improving access from Europe's island, landlocked and peripheral regions to the central regions, concentrating particularly on the promotion of sustainable transport links; 9. Considers that the Commission overlooked the guidelines set for budget line B5-700 in Budget 1998, according to which commitment appropriations used for the 14 priority projects were not to exceed 50%; therefore urges the Commission to follow closely the budgetary guidelines set for TEN projects; 10. Points out that, to finance the TEN-T, a package of integrated measures (partnerships between the public and private sectors, long-term funding arrangements, venture capital sources, etc.) needs to be deployed in order to press ahead with implementation of the network; calls on the Commission and the European Investment Bank, therefore, to act together with National Governments in implementing the TENs packages through the use of loan guarantees and other financial investments; in this regard, views the use of 47% of TENs resources on Feasibility Studies and related matters as unacceptably high and calls in future years for this proportion to be progressively reduced to a ceiling of 30% of available funds (to be achieved within 3 years), the resources thus freed to be made available in the form of matching grants and loans to enable key priority elements of the programme to progress more speedily; 11. Welcomes the revision of Regulation (EC) No 2236/95 (European Parliament and Council Regulation (EC) No 1655/1999) aimed at securing as high a contribution as possible from the private sector, paving the way for PPP and tapping venture capital to finance TEN projects; points also to the importance of multi-annual indicative programmes for given projects; 12. Draws attention to the fact that recourse to private funding for the TEN-T should not be an obstacle to the development of communications in areas which currently have a lower per-capita income; 13. Calls on the Commission to assess the impact of TEN-T investment on the economy, employment and the environment and to provide appropriate justifications for all funding from the Community budget; 14. Draws attention to the principle of efficient use of infrastructure and encourages the use of alternatives to new investment in physical infrastructure, to be achieved through better use of existing infrastructure and, where necessary, its modernisation and renovation; considers that the advantages of new technologies and intelligent transport system applications, such as telematics for road users and new signalling for rail networks, will lead to better use being made of both existing facilities and new projects, and will thus further the aim of reducing congestion, accidents, and pollution and make transport easier to manage; 15. Calls on the Member States and the Commission to endeavour to make legislation on public contracts for infrastructure projects clear and flexible, since legal certainty is a fundamental precondition for the private sector's participation in the execution of the TEN-T; 16. Expresses concern at the fact that, if the revision of the TEN-T guidelines were to concentrate on existing bottlenecks, as announced by the Commission in its work programme for the year 2000, the revision would essentially concern the central regions of the Union, which are those mainly affected by congestion problems and would assign only secondary importance to the situation of the peripheral and outermost regions; 17. Instructs its President to forward this resolution to the Council, the Commission, the European Investment Bank, and the governments of the Member States.
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| European airline industry |
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The European Parliament, - having regard to the Communication from the Commission (COM(1999) 182 - C5-0110/1999 ), - having regard to the Commission communication 'Air transport and the environment: towards meeting the challenges of sustainable development' (COM(1999) 640 ), - having regard to its resolution of 15 April 1999 on the Commission White Paper entitled 'Fair remuneration for infrastructure use: a phased approach to the common infrastructure charging framework in the EU' (COM(1998) 466 )(1) , and 30 January 1997 on the Commission's Green Paper: 'Towards fair and efficient pricing in transport - Policy options for internalising the external costs of transport in the European Union' (COM(1995) 691 )(2) , - having regard to its resolutions of 19 February 1998 on the impact of the third package of liberalisation measures in air transport(3) , 17 July 1997 on a Community aviation safety improvement strategy(4) and 17 January 1997 on air traffic management: freeing Europe's airspace(5) , - having regard to Rule 47(1) of its Rules of Procedure, - having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0075/2000 ), A. having regard to the significance of the airline industry for the European economy and also for the mobility of persons and goods, B. whereas a market oriented air transport system is vital to secure the full economic benefits of both leisure and business travel, C. whereas liberalisation leads to more open markets, more competition and more routes and has proved to be the best way to bring consumers better air services and more innovation at lower cost, D. whereas inadequate infrastructure, both in the air and on the ground, and in particular the anachronistic fragmentation of air traffic control (ATC) and air traffic management (ATM) systems, seriously compromises the objectives of the single market and gravely prejudices the sector's development, E. whereas the European Union is striving for a coherent and sustainable transport policy, F. whereas the proposed ATM 2000 programme(6) is already inadequate to cope with the increasing congestion in European airspace, G. whereas a European Union policy for the sector must seek to establish a fair balance between the various interests - airlines, workers, passengers, protection of the environment and safety - so as to contribute to the development of a sustainable, strong and competitive civil aviation sector in Europe, H. whereas competition laws and policies must be applied to the air transport market to prevent excessive restrictions and distortions of competition, I. whereas the fragmentation of the European aviation market is preventing European airlines from improving their competitiveness at a global level, J. whereas airline competition is evolving towards competition between alliances, K. whereas for liberalised markets to work effectively passengers need access to adequate and unbiased information, L. noting with satisfaction that liberalisation has led to more choice and competitive fares for air passengers on some sectors but observing that the impact is primarily limited to economy class passengers and promotional fares, both with restricted ticket arrangements, M. noting that increased competition has also led to pressures to reduce costs, which has a negative impact on social conditions and hence on safety, N. having regard to the importance of external relations for the economic well-being of the European aviation industry, O. whereas the Commission's actions against the 'open skies' agreements which several Member States have concluded must be maintained until the Commission obtains from the Council the mandate it needs to negotiate with the United States, P. whereas the Commission's communication does not consider the specific situation of air freight; whereas it is expected that air freight will increase by an average of 6 to 7 % per annum over the next twenty years; whereas, in view of its special features and problems, air freight requires a separate approach, General remarks 1. Considers that the development of a single market in the European airline industry has led to positive competition with the result that consumers now have a greater choice of flights, often at more favourable prices. However, the features of liberalisation which are welcome for passengers should not be diminished by other factors such as delays and congestion; 2. Insists that safety concerns must remain an underlying principle in all measures and policies in air transport; reiterates its support for the initiative to set up a European Aviation Safety Authority which should extend beyond the EU and include as many European States as possible; 3. Considers that the Commission should seek to devise plans for greater cooperation between Member States in the management and use of their national airspace which radically improve its usage without infringing their sovereign rights; 4. Supports the plan to set up a single air transport safety regulatory authority; calls therefore on the Commission to continue its efforts to this end, in view of the vital need for common safety rules to be laid down by an independent European body; 5. Recognises that working conditions have deteriorated in some areas of the aviation industry and calls on the Commission to present a proposal on ATC personnel and on common training and licensing standards for all flight and cabin crew members; 6. Is of the opinion that the policy orientation outlined by the Commission in this communication should take the form of a concrete action plan subject to regular review together with the industry and relevant organisations in the sector, including the social partners; asks the Commission to include relevant activities and developments concerning ATC and environmental questions; 7. Welcomes the project from the Commission to set up a database of the European airline industry and supports the view that the information should be made available to the general public; expects only really essential data to be recorded in order to keep administration to a minimum; stresses that the published information should be regularly updated and consist mainly of facts on the safety of airlines and statements on consumer protection; Infrastructure 8. Reiterates its requests for completion of the internal market by creating a single European airspace for the benefit of all its users, including the need for more use to be made of military airspace for civil aviation purposes; 9. Calls therefore on the Member States to transfer to the European Union regulative competencies for ATC and calls on the EU to establish a uniform system of European air safety; calls for the operational bodies responsible for ATC to be liberalised; takes the view, furthermore, that the ATC bodies should be granted the opportunity of exercising their activities throughout the EU's air space, since this will create competition between them; 10. Believes that the scientific and technological research effort to develop new traffic management systems must continue to be given active support by the aeronautical industry to alleviate the current problems regarding air traffic management and congestion; supports the Galileo project as a state of the art navigation system; 11. Urges the Commission to revise the present system of slot allocation which encourages a static and inflexible situation and, as a matter of urgency, to present a proposal for revision of the slot allocation regulation, giving due consideration to slot allocation according to environmental criteria, and in particular the noise and emissions from aircraft; calls furthermore on the Commission to look into ways of improving available airport capacity with a view to finding a solution to the congestion of Europe's main airports; 12. Notes that costs beyond direct airline management control, in particular airport, ATC charges and ground handling, are high in Europe and hopes that a genuinely competitive market can be introduced in these areas; in this respect calls on the Council to deliver its common position as soon as possible on the proposed directive on airport charges; 13. Considers that the development of Europe's air transport needs to be seen in the context of an intermodal approach which will improve the integration of airports with the trans-European transport networks; in this context, rail transport should alleviate some of the capacity problems at congested airports; 14. Points to the importance of a level playing field for the different modes of transport in order to achieve fair competition between all modes of transport; in this context, asks the Commission to investigate whether and to what extent the exemption of air travel from value-added tax (VAT) and the exemption of international aviation from excise duty creates imbalances; 15. Stresses its concern to maintain and/or develop air transport infrastructure and industries throughout the territory of Europe, in particular in the peripheral and island regions of the Union, both to guarantee their accessibility and to promote the economic development of all the regions of Europe; recognises in this connection the importance of passenger air transport as a public service; Competition 16. Welcomes the Commission statement that the transitional period for the granting of state aids in the context of restructuring for adaptation to the single market is now over; believes that state-owned airlines should be required to operate on a fully commercial basis; 17. Considers that competition authorities should rigorously enforce rules against unfair practices or other practices having similar effects, since effective application of competition rules is essential to the good functioning of a liberalised market; 18. Notes the trend towards the formation of global strategic alliances in the air transport sector and believes these should be seen in a positive light, as long as they do not force smaller airlines or new entrants out of the market; calls for closer coordination between the decisions of the Commission's competition authority and the objectives of the common air transport policy and in particular the need to promote the global competitiveness of the European airline industry; 19. Regrets that, when considering the emergence and development of alliances in the way airlines meet the challenges of increased global competition and the need for cost-saving restructuring, the Commission tends to over-emphasise the competition aspects and underestimates the advantages these alliances bring to the customer and the industry as a whole, such as reduced costs, greater schedule flexibility, and the development of additional point-to-point services; External dimension 20. Supports the concept of a Transatlantic Common Aviation Area with the objectives of ensuring full market access and convergence of other commercial and regulatory issues such as safety, environmental protection, competition laws, dispute settlement, landing rights and rules on ownership; calls therefore on the Council to accord a comprehensive negotiating mandate to the Commission for pursuing these issues with the United States; 21. Considers that a Transatlantic Common Aviation Area could form the basis of a future world-wide regulatory framework for air transport services, replacing the existing system of bilateral agreements; supports therefore the view that the current fragmented regulatory regime should be replaced by a unified system that on the one hand gives airlines full commercial opportunities and on the other ensures that their activities will be governed by a common body of aviation rules; Passenger rights 22. Finds it unacceptable that the Council is holding up a vital revision of the regulation on denied boarding compensation because of a bilateral dispute between Spain and the United Kingdom over the status of Gibraltar and therefore calls on the Council to settle this issue immediately; 23. Considers that the overbooking, ticketing and seat allocation arrangements of airlines does not always work to the benefit of travellers and is in need of review; 24. Believes that passengers should be fully informed in advance about details of the services, in particular the name of the operating carrier, given the proliferation of alliances and code-sharing agreements; considers that data on delays, cancellations and denied boarding rates should also be made available to passengers, who should be informed about their rights in such cases; Environment 25. Calls on the Commission to propose measures to restrict as far as possible the adverse effects of the growth in aviation; calls on the Commission to support all measures which may be taken by the airlines and the aviation industry to achieve a further reduction in emissions (a further reduction in kerosene consumption and development and use of hushkits); calls on the Commission, together with the Member States, to introduce or reintroduce economic incentives to push through the use of the latest technology which causes least pollution of the environment; o 26. Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States.
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| Counterfeiting and Piracy in the Single Market |
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The European Parliament, - having regard to the Commission Green Paper COM(1998) 569 - C5-0245/1999 , - having regard to the Commission communication of 24 November 1999 on the strategy for the single European market COM(1999) 624 , - having regard to the action plan to combat organised crime adopted by the Council on 28 April 1997(1) , - having regard to Council Regulation (EC) No 3295/94 of 22 December 1994 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated foods(2) , - having regard to the conclusions drawn at the meeting of the Foreign Ministers of the G8 on 9 May 1998 concerning offences associated with intellectual property, - having regard to Articles 41 et seqq. of the TRIPS Agreement(3) , - having regard to the opinion of the Economic and Social Committee(4) , - having regard to Rule 47(1) 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 Economic and Monetary Affairs, the Committee on the Environment, Public Health and Consumer Policy,and the Committee on Industry, External Trade, Research and Energy (A5-0096/2000 ), A. whereas the Green Paper seeks to gauge the economic impact of counterfeiting and piracy in the single market, to evaluate the effectiveness of legislation designed to combat this phenomenon and to assess the need for fresh initiatives at Community level, B. whereas the cost of the phenomenon of counterfeiting and piracy in social, economic, innovation and health terms is high and has disastrous effects on creativity and innovation and whereas these activities often form part of a wider framework of organised crime, C. whereas, as correctly stated in the Green Paper, the situations covered by the terms "counterfeiting" and 'piracy' often vary greatly, not only from one Member State to another but also within one and the same country, depending on which operators are involved, D. whereas the definition of counterfeiting and piracy given in the Green Paper, without prejudice to the substance that these concepts may have in the various legal systems of the Member States, applies to an infringement of an intellectual property right, E. whereas within the framework mentioned under D and related to the measures to be taken, a definition should be elaborated which distinguishes between various kinds of infringements, thereby taking into account that wilful and fraudulent elements are inherent in counterfeiting and product piracy, F. whereas, therefore, the purpose of the measures to be adopted as a consequence of the Green Paper must be to combat (in particular and inter alia) acts of counterfeiting and piracy committed on the Internet or any other digital network where they are not already covered by other Community instruments, G. whereas the Commission should continue the current work on the question of the exhaustion of trademark rights and, more generally, intellectual property rights and whereas it should be clear in this context that there is no connection between the exhaustion of rights and trademark piracy, 1. Calls on the Commission to adopt a global and coordinated approach comprising a preventive aspect and a law enforcement aspect and characterised by firmness and uniformity; 2. Believes that the Commission's Green Paper is of fundamental importance
3. Recommends the establishment and implementation of campaigns, in collaboration with the trade associations, to increase public awareness of the illegal and criminal aspects of the phenomenon in question, using in particular the Commission's existing information programmes; 4. Suggests that any public-awareness campaign should include the following key messages: risks to health and safety; long-term reduction in consumer choice; job losses incurred by the detrimental effect on legitimate businesses; particularly loss of earnings for individual artisans, artists, craftsmen and small firms and self-employed people; funding of organised crime and the poor working conditions endured by workers in pirated goods firms; 5. Calls on the Commission and the Member States to extend the public-awareness campaign to the law enforcement agencies by creating a network that includes the sectors concerned and the public authorities for the exchange of information, detection and cooperation; 6. Encourages the Commission to develop a network of contact points for those areas combating piracy and counterfeiting in Member States and to develop a dialogue for best practice and cross-border training; 7. Recommends that the trade associations be given the right to take legal action in defence of the collective interests they represent; 8. Emphasises the importance of training for police forces, customs officers and judicial authorities and proposes that the Commission should establish a programme of dialogue in this field involving an exchange of know-how and the adoption, at Community level, of best national practices; 9. Emphasises the importance of highlighting the pan-European problem to Member States in order that they can implement an appropriate programme of action in this field involving relevant bodies and the private sector; 10. Urges the Commission to consider with the Office for Harmonisation of the Internal Market the role which the latter might play in this field in the improvement of training and technical assistance for the authorities; 11. Calls on the Commission to introduce a system for collecting, analysing and comparing data on counterfeiting and piracy and to draw up a biennial report for Parliament and the Council on the trend in this phenomenon in the single market and the accession candidate countries and on the effectiveness of the measures taken by the various competent bodies and authorities; 12. Calls on the Commission to ensure that greater use is made of existing public and private information systems and databases relating to the fight against counterfeiting and piracy and to consider the compatibility of these systems and any links that should be forged between them; 13. Calls on the Commission to consider the possible introduction of measures to enable effective action to be taken against the large-scale manufacture of products which are frequently counterfeited or pirated, such as a requirement that all digital media produced in Europe be inscribed with unique identification codes; 14. Calls on the Commission to ensure the legal protection of devices designed to protect and authenticate products and services, while respecting the rights of the consumer where they are not covered by other instruments; 15. Hopes that research and development programmes will contribute to technical protection measures of an effective and realistic nature; 16. Calls on the Commission to consider how the functions of an ideal technical arrangement that includes elements clearly identifiable by the consumer, combined with hidden details for use by the monitoring services, might be performed; 17. Urges the European and national authorities to ensure the adoption and application of codes of good conduct relating to the use of protected works, such as office software, in their administrations; 18. Emphasises that the effective exercise of intellectual property rights and the protection thereof against counterfeiting and piracy should constitute priorities during the negotiations on the accession of new Member States (to which appropriate training and material assistance should be provided during the negotiation process) and under existing customs agreements or in any trade negotiations with third countries; 19. Recognises that while priority is given to the protection of intellectual property rights in the accession negotiations for new Member States and in trade negotiations with third countries, the most effective action will be by the Governments and legal authorities of those Member States. Therefore, an exchange of appropriate information is vital; 20. Calls on the Commission to take the necessary measures to improve the coordination of the fight against counterfeiting and piracy in the single market; 21. Calls on the Commission to propose the amendments to the Treaty needed to enable Europol to assume new powers in this field; 22. Emphasises the urgent need for a suitable framework for mutual assistance among the competent authorities of each Member State to be established to combat this phenomenon and, in appropriate cases, through collaboration between these authorities and the Commission; 23. Highlights the importance of harmonising legislation on combating counterfeiting and piracy with a view to eliminating the persistent disparities in intellectual property protection arrangements in the Single Market in relation both to goods originating in third countries and to counterfeit goods produced within the European Union itself; 24. Emphasises that national rules need to be harmonised (beginning with, at the very least, some common minimum sanctions) in order to suppress the production, distribution, import, export and - in cases where they are acquired with criminal intent and involving articles of considerable value - the possession of counterfeit and pirated products and that such harmonisation should include a simplified procedure, especially for investigations and seizures, and make it easier to establish the facts; 25. Calls on the Member States to step up customs checks at the European Union's external borders; 26. Calls on the Council, in the same context, to consider harmonising the Member States' criminal laws on the infringement of customs legislation relating to counterfeiting and piracy; 27. Recommends, in order that effective action can be taken against the scourge of counterfeiting and piracy, that heavier sanctions be imposed under criminal law and that measures and procedures under civil law (damages and interest) be made more effective; 28. Calls on the Commission to consider the possible establishment at EU level of criteria for the calculation of damages and interest and any other measures that may be useful in determining damages and interest; 29. Calls for certain measures, such as the recall, at the offender's expense, of counterfeit or pirated goods placed on the market and the possibility of the holder of the pertinent right having the goods at issue seized on request and before legal proceedings are initiated, to be extended to all the Member States; 30. Is concerned at the lack of redress available to those EU individuals and businesses most heavily affected by piracy and counterfeiting of goods and calls for effective remedies, including deterrence through the strengthening of civil penalties, exemplary damages and the recovery of legal fees and other costs against offenders; 31. Calls for pressure also to be brought to bear on the countries linked to the European Union by association and partnership agreements to participate consistently in the fight against trademark piracy; 32. Calls for the imposition of heavier sanctions accompanied by such complementary measures as:
33. Calls for particular attention to be paid to matters relating to international judicial cooperation when acts of counterfeiting and piracy concern at least two Member States and for any deficiencies identified to be taken into account, particularly in the context of current work at European level on judicial cooperation; 34. Calls for particular attention to be paid to matters relating to international cooperation when any component of an act of counterfeiting and piracy is committed in a third country; 35. Calls on the Commission to propose, in the context of the IGC and the reform of the Court of Justice of the European Communities, an allocation of duties that takes account of disputes relating to intellectual and industrial property; 36. Instructs its President to forward this resolution to the Commission, the Council and the governments and parliaments of the Member States.
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