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 Index 
Texts adopted
Wednesday, 6 September 2000 - Strasbourg
EC/Malta agreement * (procedure without report)
 Port reception facilities for ship-generated waste and cargo residues ***III
 Economic and social development in Turkey ***II
 Environmental effects of certain programmes ***II
 MEDA: Amendment of Regulation (EC) No 1488/96 *
 EEC-Republic of Guinea fisheries agreement *
 EC-Mauritius fisheries agreement *
 Right to family reunification *
 EU external action priorities
 Monitoring centre for industrial change
 Community audiovisual policy in the digital age
 Socio-economic background of Erasmus students
 Movement and residence of EU citizens

EC/Malta agreement * (procedure without report)
Proposal for a Council decision concerning the conclusion of an agreement between the Community and Malta adopting the terms and conditions for the participation of Malta in Community programmes in the fields of training, education and youth (COM(2000) 416 - C5-0372/2000 - 2000/0176(CNS) )

(Consultation procedure)

The proposal was approved.


Port reception facilities for ship-generated waste and cargo residues ***III
European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a European Parliament and Council directive on port reception facilities for ship-generated waste and cargo residues (C5-0348/2000 - 1998/0249(COD) )
P5_TA(2000)0356A5-0213/2000

(Codecision procedure: third reading)

The European Parliament,

-  having regard to the joint text approved by the Conciliation Committee (and the relevant Commission statement) (C5-0348/2000 ),

-  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM (1998) 452(2) ),

-  having regard to the amended Commission proposal (COM(1999) 149 (3) ),

-  having regard to its position at second reading on the Council common position(4) ,

-  having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2000) 236 - C5-0212/2000 ),

-  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 (A5-0213/2000 ),

1.  Approves the joint text and draws attention to the Commission 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 150, 28.5.1999, p. 432 and OJ C 54, 25.2.2000, p. 79.
(2) OJ C 271, 31.8.1998, p. 79.
(3) OJ C 148, 28.5.1999, p. 7.
(4) Texts adopted of 14.3.2000, Item 2.


Economic and social development in Turkey ***II
European Parliament legislative resolution on the Council common position with a view to the adoption of a European Parliament and Council regulation regarding the implementation of measures to promote economic and social development in Turkey (7492/1/2000 rev 1 - C5-0325/2000 - 1998/0300(COD) )
P5_TA(2000)0357A5-0206/2000

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (7492/1/2000 rev 1 - C5-0325/2000 )(1) ,

-  having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(1998) 600 ) (3) ,

-  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 Foreign Affairs, Human Rights, Common Security and Defence Policy (A5-0206/2000 ),

1.  Amends the common position as follows;

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

Council common position   Amendments by Parliament
(Amendment 1)
Article 4(1)(a)
   (a) modernising manufacturing, improving institutional and infrastructure capacity in areas including the environment, energy and transport;
   (a) modernising manufacturing, improving institutional and infrastructure capacity in areas including the environment, energy and transport, excluding the development of nuclear power, especially in earthquake zones ;
(Amendment 2)
Article 4(1)(h)
   (h) any form of cooperation seeking to defend and promote democracy, the rule of law, human rights and the protection of minorities;
   (h) any form of cooperation seeking to defend and promote democracy, the rule of law, human rights, respect for minorities and the protection and recognition of their cultural identity, and support for measures seeking to abolish capital punishment;
(Amendment 3)
Article 4(1)(ha) (new)
   (ha) any form of cooperation seeking to resolve the Kurdish problem;

(1) OJ C 240, 23.8.2000, p. 25.
(2) OJ C 194, 11.7.2000, p. 48.
(3) OJ C 408, 29.12.1998, p. 18.


Environmental effects of certain programmes ***II
European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on the assessment of the effects of certain plans and programmes on the environment (5685/1/2000 - C5-0180/2000 - 1996/0304(COD) )
P5_TA(2000)0358A5-0196/2000

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (5685/1/2000 - C5-0180/2000 )(1) ,

-  having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(1996) 511 )(3) ,

-  having regard to the Commission's amended proposal (COM(1999) 73 )(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 (A5-0196/2000 ),

1.  Amends the common position as follows;

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

Council common position   Amendments by Parliament
(Amendment 1)
Recital 2a (new)
(2a) The Convention on Biological Diversity requires Parties to integrate as far as possible and as appropriate the conservation and sustainable use of biological diversity into relevant sectoral or cross-sectoral plans and programmes.
(Amendment 27)
Article 2(a), 2nd indent
   - which are required by legislative, regulatory or administrative provisions;
   - which are required by legislative, regulatory or administrative provisions, or
   - which are funded by the European Union;
(Amendment 7)
Article 3(5)
   5. Member States shall determine whether plans or programmes referred to in paragraphs 3 and 4 are likely to have significant environmental effects either through case-by-case examination or by specifying types of plans and programmes or by combining both approaches and in all cases taking into account relevant criteria set out in Annex II.
   5. Member States shall determine whether plans or programmes referred to in paragraphs 3 and 4 are likely to have significant environmental effects through case-by-case examination and in all cases taking into account relevant criteria set out in Annex II.
(Amendment 9)
Article 3(7)
   7. Member States shall ensure that their conclusions pursuant to paragraph 5 are made available to the public.
   7. Member States shall ensure that their conclusions pursuant to paragraph 5 are made available to the public as well as the reasons for the decision to require, or not to require, an environmental assessment pursuant to Articles 4 to 9.
(Amendment 10)
Article 3(8), 3rd indent
   - plans and programmes falling under the 2000-2006 programming period under Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds or under the 2000-2006 and 2000-2007 programming periods under Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations.
   - plans and programmes falling under the 2000-2006 programming period under Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds or under the 2000-2006 and 2000-2007 programming periods under Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations. However, all future plans and programmes under these or new Community regulations shall be subject to the requirements of this Directive.
(Amendment 11)
Article 4(3)
   3. Where plans and programmes form part of a hierarchy, Member States shall, with a view to avoiding duplication of the assessment, take into account the fact that the assessment will be carried out, in accordance with this Directive, at different levels of the hierarchy.
   3. Where plans and programmes form part of a hierarchy, Member States shall, with a view to avoiding duplication of the assessment, define the level at which the assessment will be carried out, in accordance with this Directive. The aims, content and scope of this Directive (in particular Article 3 thereof) shall remain unaffected by this.
(Amendment 14)
Article 6(2)
   2. The authorities referred to in paragraph 3 and the public referred to in paragraph 4 shall be given an early and effective opportunity within appropriate time frames to express their opinion on the draft plan or programme and the accompanying environmental report before the adoption of the plan or programme or its submission to the legislative procedure.
   2. The authorities referred to in paragraph 3 and the public referred to in paragraph 4 shall be given an early and effective opportunity within an appropriate time frame to be defined by the Member States to express their opinion on the draft plan or programme and the accompanying environmental report before the adoption of the plan or programme or its submission to the legislative procedure.
(Amendment 15)
Article 6(4)
   4. Member States shall identify the public for the purposes of paragraph 2, including relevant non-governmental organisations, such as those promoting environmental protection and other organisations concerned.
   4. Member States shall identify the public for the purposes of paragraph 2, including those affected or likely to be affected by, or having an interest in, the decision-making process, including non-governmental organisations, such as those promoting environmental protection and other organisations concerned.
(Amendment 16)
Article 7(1)
   1. Where a Member State considers that the implementation of a plan or programme being prepared in relation to its territory is likely to have significant effects on the environment in another Member State, or where a Member State likely to be significantly affected so requests, the Member State in whose territory the plan or programme is being prepared shall, before its adoption or submission to the legislative procedure, forward a copy of the draft plan or programme and the relevant environmental report to the other Member State.
   1. Where a Member State considers that the implementation of a plan or programme being prepared in relation to its territory is likely to have significant effects on the environment in another State, or where a State likely to be significantly affected so requests, the Member State in whose territory the plan or programme is being prepared shall, before its adoption or submission to the legislative procedure, forward a copy of the draft plan or programme and the relevant environmental report to the other State.
(Amendment 17)
Article 9(1)(ba) (new)
   (ba) the measures decided for monitoring the implementation of the plan or programme in order to assess the accuracy of the predictions and the effectiveness of mitigation measures and to instigate any remedial action that may be required.
(Amendment 18)
Article 9a(new)
Article 9a
Monitoring
The Member States shall be responsible for monitoring the implementation of the environmental protection measures contained in the plans and programmes to which this Directive relates. They shall establish appropriate monitoring systems with a view to ensuring and checking the effectiveness of environmental impact corrective measures.
(Amendment 19)
Article 10(2)
   2. For plans and programmes for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Community legislation, Member States may provide for coordinated or joint procedures fulfilling the requirements of the relevant Community legislation in order inter alia to avoid duplication of assessment.
   2. For plans and programmes for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Community legislation, Member States shall provide for coordinated or joint procedures fulfilling the requirements of the relevant Community legislation in order to rule out duplication of assessment.
(Amendment 20)
Article 11(2)
   2. Member States shall communicate to the Commission any measures they take concerning the quality of environmental reports.
   2. Member States shall ensure that appropriate measures are taken in order to guarantee that environmental reports are of sufficient quality to meet the minimum requirements of the Directive and to prevent decisions being taken on the basis of an environmental report which does not comply with these requirements. Member States shall communicate these measures to the Commission.
(Amendment 22)
Article 11(4)
   4. The Commission shall report on the relationship between this Directive and Regulations (EC) No 1260/99 and No 1257/99 well ahead of the expiry of the programming periods provided for in those Regulations.
   4. The Commission shall report on the relationship between this Directive, Regulations (EC) No 1260/1999 and No 1257/1999 and other related Community legislation well ahead of the expiry of the programming periods provided for in those Regulations.
(Amendment 23)
Article 12(3)
   3. The obligation referred to in Article 4(1) shall apply only to the plans and programmes of which the first formal preparatory act is subsequent to the date referred to in paragraph 1.
   3. The obligation referred to in Article 4(1) shall apply only to the plans and programmes of which the first formal preparatory act is subsequent to the date referred to in paragraph 1 of this Article , or where the adoption or submission of the plans or programmes occurs more than 12 months after that date.
(Amendment 24)
Annex I(f)
   (f) the likely significant effects on the environment;
   (f) the likely significant effects on the environment, including, in particular, on biodiversity, population, human health, fauna, flora, soil, water, air climatic factors, material assets, including architectural and archaeological heritage, landscape and the interrelationship between the above factors;
(Amendment 25)
Annex I(i)
   (i) a description of measures envisaged for monitoring the implementation of the plan or programme;
   (i) a description of measures envisaged for monitoring the implementation of the plan or programme and the effectiveness of any measures to prevent, reduce or offset any adverse effect on the environment;

(1) OJ C 137, 16.5.2000, p. 11.
(2) OJ C 341, 9.11.1998, p. 18.
(3) OJ C 129, 25.4.1997, p. 14.
(4) OJ C 83, 25.3.1999, p. 13.


MEDA: Amendment of Regulation (EC) No 1488/96 *
Text
Resolution
Proposal for a Council regulation amending Regulation (EC) No 1488/96 on financial and technical measures to accompany (MEDA) the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (COM(1999) 494 - C5-0023/2000 - 1999/0214(CNS) )
P5_TA(2000)0359A5-0204/2000

The proposal was amended as follows:

Text proposed by the Commission(1)   Amendments by Parliament
(Amendment 1)
Recital 1a (new)
(1a) There is an unacceptable mismatch in the EU's political and economic agenda between the absolute priority for enlargement of the EU to include the countries of Northern, Central and Eastern Europe and the importance attached to the Barcelona process which had scarcely made significant progress in recent years.
(Amendment 2)
Recital 1b (new)
(1b) Article 3 of the EU Treaty points to the need for consistency in all measures adopted under the headings of external relations, security, economic, and development policies.
(Amendment 3)
Recital 2
   (2) The Mediterranean region constitutes a priority area for the European Union and the political, economic and social development of the Mediterranean partners is a challenge of ever-increasing proportions.
   (2) The Mediterranean region constitutes a strategic priority area for the European Union and the political, economic and social development of the Mediterranean partners is a challenge of ever-increasing proportions. The budgetary resources so far provided neither match the stated ambitions nor translate into a capacity for effective implementation.
(Amendment 4)
Recital 2a (new)
(2a) Dialogue between cultures and societies should be intensified, giving particular support to training, development, and decentralised cooperation activities.
(Amendment 5)
Recital 3a (new)
(3a) Regional cooperation must be strengthened through the allocation thereto of greater resources and increased political and technical support, beginning with certain areas which are already consolidated, such as the Maghreb countries.
(Amendment 6)
Recital 4a (new)
(4a) It is imperative that the new MEDA regulation should guarantee balanced and sustainable political, economic and social development and respect for the environment while involving civil society in the framing and evaluation of programmes and projects. The importance of "small-scale" projects must be taken into account in this respect.
(Amendment 7)
Recital 5
   (5) Over the period 1995-98, Regulation (EC) No 1488/96 has been implemented satisfactorily but it is now necessary to streamline decision-making procedures in order to permit more efficient implementation of Community assistance.
   (5) Over the period 1995-98, Regulation (EC) No 1488/96 has been implemented less than satisfactorily, and so it is now necessary to streamline decision-making procedures in order to permit more efficient implementation of Community assistance.
(Amendment 8)
Recital 8a (new)
(8a) Whereas financial aid for national programmes for Turkey under MEDA should be transferred to Heading 7 once a pre-accession instrument has been agreed with that country;
(Amendment 9)
Recital 10
   (10) Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities" financial interests establishes a common legal framework for all the fields of the Communities" own resources and expenditure. Council Regulation (EC, Euratom) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities" financial interests against fraud and other irregularities applies to all areas of the Communities" activity without prejudice to the provisions of the Community rules specific to the different policy areas.
   (10) Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities" financial interests establishes a common legal framework for all the fields of the Communities" own resources and expenditure. Council Regulation (EC, Euratom) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities" financial interests against fraud and other irregularities applies to all areas of the Communities" activity without prejudice to the provisions of the Community rules specific to the different policy areas. There is a need to ensure that the European Investment Bank wholly fulfils its obligations under Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999(1 ).
____________
( 1 ) OJ L 136, 31.5.1999, p. 1.
(Amendment 10)
Recital 11
   (11) Since the measures necessary for the implementation of this Regulation are management measures within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, they should be adopted by use of the management procedure provided for in Article 4 of that Decision .
   (11) The Commission implements the budget on its own responsibility, in accordance with Article 274 of the Treaty. The measures necessary for the implementation of this Regulation are primarily financial and therefore the sole responsibility of the Commission. The advisory committee procedure provided for in Article 3 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission is the most appropriate procedure for the adoption of such measures .
(Amendment 11)
Recital 11a (new)
(11a) The transparency of the Commission's procedures and activities has been guaranteed by the programme of administrative reform. Interinstitutional dialogue and exchange of information must be ensured as an essential requirement of all the new procedures.
(Amendment 12)
Recital 12a (new)
(12a) In its resolutions of 8 October 1998 on cooperation with Mediterranean countries on matters of migration(1 ) and 30 March 2000 on Mediterranean policy(2 ), the European Parliament expressed the desire that Regulation (EC) No 1488/96 should be modified to take account of Parliament's position and its guidelines.
______________
(1 ) OJ C 328, 26.10.1998, p. 184.
( 2 ) Not yet published in OJ.
(Amendment 13)
ARTICLE 1(1)
Article 1(3) (Regulation (EC) No 1488/96)
   1. In Article 1, paragraph 3 is deleted .
   1. In Article 1, paragraph 3 is replaced by the following:
"3 The reference amount for implementation of this programme in the period from 2000 to 2006 shall be at least equal in real terms to the amount allocated in the preceding period.
Within the annual budget, 85% shall be earmarked for cooperation between the Community and partner countries; 15% of the annual budget shall be earmarked for regional cooperation between the Community and at least two Mediterranean countries.
The budgetary authority shall approve the annual appropriations in line with the financial perspective. "
(Amendment 15)
ARTICLE 1(1a) (new)
Article 2(1a) (new) and (2) (Regulation (EC) No 1488/96)
1a. Article 2 is amended as follows:
   (a) Paragraph 1a is inserted:
'1a. The purpose of this Regulation, using the measures set out in paragraph 2, shall be to help implement initiatives of common interest related to the three aspects of Euro-Mediterranean cooperation, namely consolidation of political stability and democracy, the establishment of a Euro-Mediterranean free trade area, and the pursuit of economic and social cooperation, making the necessary preparations as regards human resources and adjustments to the production system and taking into account the human and cultural dimension.'
   (b) Paragraph 2 is replaced by the following:
"2. These support measures shall be implemented taking account of the objective of achieving long-term sustainable development, stability and prosperity, in particular in the fields of economic transition, sustainable economic and social development, protection of the environment and regional and cross-border cooperation. The objectives and details of the relevant procedures shall be as set out in Annex II."
(Amendment 17)
ARTICLE 1(b) (new)
Article 4(1) and (2) (Regulation (EC) 1488/96)
1b. In Article 4, paragraphs 1 and 2 are replaced by the following:
"1. The Commission shall ensure the effective coordination of the assistance efforts undertaken by the Community and the Member States, in order to increase the coherence and complementarity of their cooperation programmes. Such coordination shall be undertaken in agreement with the Member States, with particular regard to indicative programmes and projects, and on the basis of a reciprocal and regular exchange of information. In addition, the Commission shall promote coordination and cooperation with international financial institutions, the United Nations cooperation programmes and other donors.
   2. The measures referred to in this Regulation may be adopted by the Community either independently or in the form of co-financing with the Mediterranean partners themselves or with public or private bodies of the Member States and the Bank, on the one hand, or multilateral bodies or third countries, on the other. Efforts should be made to ensure that the initiatives, particularly those at the regional level, are co-financed through the involvement of as wide a range of collaborators as possible."
(Amendment 19)
ARTICLE 1(2)(-a) (new)
Article 5(2), 3rd subparagraph (Regulation (EC) No 1488/96)
(-a) In paragraph 2, the third subparagraph is replaced by the following:
"Programmes may be amended in the light of experience acquired, or progress achieved by the Mediterranean partners as regards structural reforms, industrial development, macro-economic stabilisation, and social advancement, or the outcome of cooperation under the new association agreements. "
(Amendment 20)
ARTICLE 1(3)(a)
Article 6(1) (Regulation (EC) No 1488/96)
   (a) In paragraph 1, the third sentence is replaced by the following:
"Depending on market conditions, the subsidy shall be between 1% and 3%.
   (a) Paragraph 1 is replaced by the following:
"1. Community financing shall take the form of non-refundable aid or risk capital. Concerning cooperation measures in the field of the environment, it may take the form of interest rate subsidies granted by the Bank from its own resources to all the Mediterranean partners without exception."
(Amendment 21)
ARTICLE 1(4)(a)
Article 7(1), 1st subparagraph (Regulation (EC) 1488/96)
Measures under this Regulation may cover expenditure on imports of goods and services and local expenditure needed to carry out the projects and programmes. Direct budgetary support in favour of the beneficiary partner may also be covered to support economic reform . Taxes, duties and charges shall be excluded from Community financing.
   1. Measures under this Regulation may cover expenditure on imports of goods and services and local expenditure needed to carry out the projects and programmes. In cooperation with the partner countries, the Commission shall ensure that supplies imported into the partner country in implementation of a project funded by the Community are not subject to customs duties. Taxes, duties and charges shall be excluded from Community financing.
(Amendment 22)
ARTICLE 1(4a) (new)
Article 8(4) and (7) (Regulation (EC) No 1488/96)
4a. Article 8 is amended as follows:
   (a) Paragraph 4 is replaced by the following:
"4. The Commission, in liaison with the Member States, shall provide within the European Union and the MEDA partner countries on request full documentation and all necessary information on the MEDA programme and the participation requirements applying thereto."
   (b) Paragraph 7 is replaced by the following:
"7.The results of the invitations to tender including information on the number of received tenders, the date of the award of the contract, the name and the address of the successful tenders and the contract price shall be published in the Official Journal of the European Communities."
(Amendment 24)
ARTICLE 1(5)(a)
Article 9(2), (3) and (4) (Regulation (EC) 1488/96)
   (a) Paragraphs 2, 3 and 4 are replaced by the following:
   (a) Paragraphs 1, 2, 3 and 4 are replaced by the following:
"1. The guidelines for the indicative programmes referred to in Article 5(2) shall be adopted by the Council, acting by a qualified majority on a proposal from the Commission, following dialogue with the Mediterranean partners concerned and after informing the European Parliament.
Together with its proposals, the Commission shall forward for information its overall financial programme planning, indicating in particular the total amount of the national and regional indicative programmes, as well as the allocation by beneficiary country and by priority sector of the overall amount adopted within those programmes.
"2. The indicative programmes, the financing plans and any amendment to them shall be adopted by the Commission in accordance with the procedure referred to in Article 11(2).
   2. The indicative programmes, the financing plans and any amendment to them shall be adopted by the Commission in accordance with the procedure referred to in Article 11(2).
   3. Financing decisions, other than those relating to interest-rate subsidies on Bank loans and risk capital, that are not covered by the national or regional financing plans, shall be adopted individually in accordance with the procedure laid down in Article 11(2), subject to paragraph 4 of this Article.
   3. Financing decisions, other than those relating to interest-rate subsidies on Bank loans and risk capital, shall be adopted individually in accordance with the procedure laid down in Article 11(2), subject to paragraph 4 of this Article.
   4. Financing decisions referred to in paragraph 3 not exceeding 2 000 000 euro shall be adopted by the Commission if they form part of an overall allocation. An overall allocation shall be adopted in accordance with the procedure referred to in Article 11(2). The Committee established by Article 11(1) shall be informed systematically and promptly and in any event before its next meeting, of financing decisions not exceeding 2 000 000 euro."
   4. Financing decisions referred to in paragraph 3 not exceeding 5 000 000 euro shall be adopted by the Commission if they form part of an overall allocation. An overall allocation shall be adopted in accordance with the procedure referred to in Article 11(2). The Committee established by Article 11(1) shall be informed in advance whenever the Commission intends taking financing decisions not exceeding 5 000 000 euro. At the request of a Member State, the Committee may take a decision on individual projects. "
(Amendment 27)
ARTICLE 1(6)
Article 10(2) (Regulation (EC) No 1488/96)
   2. In financing decisions taken under this Regulation and the assessments mentioned in Article 15, the Commission shall abide by the principles of sound financial management and, in particular, those of economy and cost-effectiveness referred to in the Financial Regulation.
   2. In financing decisions taken under this Regulation and the assessments mentioned in Article 15, the Commission shall abide by the principles of guaranteed information and sound financial management and, in particular, those of economy and cost-effectiveness referred to in the Financial Regulation.
(Amendment 28)
ARTICLE 1 (7)
Article 11(2) and (3) (Regulation (EC) No 1488/96)
   2. Where reference is made to this Article, the management procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7(3) thereof.
   2. Where reference is made to this Article, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply.
2a. The European Parliament shall be informed by the Commission of committee proceedings on a regular basis. To that end, it shall receive agendas for committee meetings, draft measures submitted to the committees for the implementation of instruments adopted by the procedure provided for by Article 251 of the Treaty, and the results of voting and summary records of meetings and lists of the authorities and organisations to which the persons designated by the Member Sates to represent them belong. The European Parliament shall also be kept informed whenever the Commission transmits to the Council measures or proposals for measures to be taken.
   3. The period provided for in Article 4(3) of Decision 1999/468/EC shall be three months.
   3. The period provided for in Article 3(2) of Decision 1999/468/EC shall be three months.
3a.A representative of the Bank shall take part in the proceedings within the Committee without a right to vote.
3a.A representative of the Bank shall take part in the proceedings within the Committee without a right to vote.
3b. Individual financing decisions shall under no circumstances be submitted by the Commission to the Committee.
(Amendment 29)
ARTICLE 1(8)(ba) (new)
Article 15(3a) (new) (Regulation (EC) No 1488/96)
   (ba) Paragraph 3a is inserted:
'3a. Where projects violate internationally recognised environmental standards, the Commission and the European Investment Bank may suspend and lower their payments.'
(Amendment 14)
ARTICLE 1(8)(c)
Article 15(6) (Regulation (EC) No 1488/96)
   (c) Paragraph 6 is deleted.
   (c) Paragraph 6 is replaced by the following:
'6. By 30 June 2001 the Commission shall submit proposals to amend the Regulation, transferring extensive management powers to the Commission delegations as part of the decentralisation process, which must go hand in hand with an appreciable increase in staff.'
(Amendment 30)
ARTICLE 1(8a) (new)
Article 16 (Regulation (EC) 1488/96)
8a. Article 16 is replaced by the following:
"Where an essential element for the continuation of cooperation is lacking, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, may take a decision to suspend aid to a partner country."
(Amendment 31)
ANNEX (-1) (new)
Annex II, Part I(a), 2nd and 3rd indents (Regulation (EC) 1488/96)
   - 1. In Part I(a) the second and third indents are replaced by the following:
"- the opening-up of markets and promotion of investment, industrial cooperation and trade between the European Community and the Mediterranean partners, as well as among the Mediterranean partners themselves,
   - upgrading of economic infrastructure, possibly to include the financial and taxation systems,
   - c reation of financial instruments to facilitate industrial cooperation between firms from the European Union and from the Mediterranean partners . "
(Amendment 32)
ANNEX (-1) (new)
Annex II, Part I(a), 2nd, 3rd and 4th subparagraphs (new) (Regulation (EC) No 1488/96)
In order to carry out the industrial cooperation initiatives set out in Annex II, the European Union shall set up a programme granting financing to projects which involve at least one European firm and at least one firm from the Mediterranean partners. The Commission, in consultation with the Mediterranean partners, shall establish the operational arrangements for implementing this programme, including eligibility and selection criteria, eligible costs, co-financing (up to 80% of eligible costs) and accounting and valuation principles.
Priority will be given to industrial cooperation projects designed to improve the competitiveness and innovative capacity of SMEs, to create jobs, to improve working conditions and to develop sustainable and environment-friendly technologies. The Commission shall publish, together with the proposers, special invitations to submit proposals directly aimed at undertakings, who will be selected within a short time on the basis of pre-established criteria and the budget resources available.
The financing of the proposals which are selected shall take the form of a subsidy contract.
(Amendment 33)
ANNEX (1)
Annex II, Part I(b), 1st, 2nd and 3rd indents (Regulation (EC) 1488/96)
   - the support programmes shall be designed to restore or, as the case may be, consolidate the major financial balances and to create an economic environment favourable to accelerated growth, while at the same time improving the well-being of the population; the support programmes may also target assistance to reforms inkey sectors with a view to the creation of a free-trade area with the Community;
   - the support programmes shall be designed to restore or, as the case may be, consolidate the major financial balances and to create an economic environment favourable to accelerated growth, thereby seeking to improve the well-being of the population; the support programmes shall also contribute to reforms in the key sectors with a view to the creation of a free-trade area with the Community;
   - the support programmes shall be adapted to the particular situation of each country and take account of economic and social conditions;
   - the support programmes shall be adapted to the particular situation of each country and take account of economic and social conditions;
   - the support programmes shall lay down measures intended, in particular, to alleviate the negative effects which the process of economic transition and the accomplishment of a Euro-Mediterranean free-trade area may have on social conditions and employment, especially for underprivileged sections of the population;
   - the support programmes shall lay down measures intended, in particular, to accompany, as regards social conditions and employment, economic transition and the accomplishment of a Euro-Mediterranean free-trade area and to alleviate the negative effects which this process may have on social conditions and employment, especially for the most underprivileged social groups and sections of the population;
(Amendment 34)
ANNEX (1)
Annex II, Part I(b), 4th indent (Regulation (EC) No 1488/96)
   - disbursement of the support will be implemented in tranches in the form of direct budgetary support according to the compliance with the objectives and/or sectoral targets agreed within the support programme.
   - disbursement of the support will be implemented in tranches in the form of direct budgetary support according to the compliance with the objectives and/or sectoral targets agreed within the support programme. Rapid disbursement is one of the main features of the support programmes.
(Amendment 35)
ANNEX (2)
Annex II, Part II (Regulation (EC) 1488/96)
   2. The eleventh indent of Part II is replaced by the following
   2. Part II is replaced by the following:
"II. Support for achieving a better socio-economic balance shall include in particular:
   - the participation of citizens and civil society in the implementation of economic and social development measures,
   - contributions to the improvement of social services, especially in the areas of health, family planning, water supplies, sanitation and housing, through support for the devising of a strategy and for pilot projects,
   - the fight against poverty,
   - harmonious and integrated rural and urban development and the improvement of urban living conditions,
   - reinforced cooperation concerning fisheries and the sustainable exploitation of marine resources,
   - protection and improvement of the environment, particular consideration being given to the precautionary and the preventive action principles in support for economic development, by means of reinforced cooperation concerning the environment, particularly within the framework of the Short and Medium Term Priority Environmental Action Plan (SMAP),
   - adaptation of economic infrastructures, particularly in the sectors of transport, energy, rural development, information technology and telecommunications,
   - integrated development of human resources to complement Member States" programmes, notably with regard to continuing vocational training in the context of industrial and agricultural cooperation, and improvement of the potential for scientific and technological research,
   - strengthening democracy and respect for, and defence of, human rights, in particular through the cooperation of organisations, foundations and bodies recognised in the European Union and in the Mediterranean countries,
   - cultural cooperation and youth exchanges,
   - placement of students undergoing training, to improve their subsequent job prospects in their countries of origin, and of young trainees to be attached to European firms under temporary contracts,
   - promotion of and education and job creation for women. The gender aspect will accordingly be taken into account in all the initiatives covered by this Regulation.
   - transfer, where appropriate, of responsibility for managing and implementing smaller projects to the Community's external delegations in partner countries.
   - cooperation and technical assistance in order to strengthen cooperation in the area of migration and the combat against illegal migration, including repatriation of illegal residents and trafficking in human beings , reinforcement of judicial cooperation in civil matters as well as cooperation to prevent and to combat crime, including illegal drug-trafficking."
   - cooperation and technical assistance in order to strengthen cooperation in the area of migration and the combat against illegal migration, including repatriation of illegal residents,
   - reinforcement of judicial cooperation in civil matters as well as cooperation to prevent and to combat crime, including illegal drug-trafficking and trafficking in human beings ."
(Amendment 38)
ANNEX (2a) (new)
Annex II, Part III (Regulation (EC) 1488/96)
2a. Part III is amended as follows:
   - subparagraph (a) is replaced by the following:
"(a) establishing and developing structures for regional trade cooperation between Mediterranean partners and between the Mediterranean partners and the Union and its Member States;"
   - subparagraph (aa) is inserted:
"(aa) implementation of cooperation in international organisations, especially in the World Trade Organisation and the International Labour Organisation;"
   - subparagraph (d) is replaced by the following:
'(d) exchanges between civil society in the Union and the Mediterranean partners, particularly by stepping up measures carried out in the context of decentralised cooperation which
   - has as its objective to identify the non-governmental beneficiaries of Community aid,
   - will concentrate particularly on the networking of universities and researchers, local communities, associations, political and scientific foundations, trade unions, private business and non-governmental organisations, the media, and cultural institutions in the widest sense, and the other bodies listed at IV.
The programmes must concentrate on promoting the participation and the emergence of civil society within the partner countries, in particular by encouraging information between networks and durable links between network partners.'
European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 1488/96 on financial and technical measures to accompany (MEDA) the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (COM(1999) 494 - C5-0023/2000 - 1999/0214(CNS) )
P5_TA(2000)0359A5-0204/2000

(Consultation procedure)

The European Parliament,

-  having regard to the Commission proposal to the Council (COM(1999) 494 )(2) ,

-  having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5-0023/2000 ),

-  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 opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy, the Committee on Budgets and the Committee on Budgetary Control (A5-0204/2000 ),

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.

(1) OJ C 89 E, 28.3.2000, p. 4.
(2) OJ C 89 E, 28.3.2000, p. 4.


EEC-Republic of Guinea fisheries agreement *
Text
Resolution
Proposal for a Council regulation relating to the conclusion of the Protocol establishing the fishing possibilities and the financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2000 to 31 December 2001 (COM(2000) 304 - C5-0315/2000 - 2000/0154(CNS) )
P5_TA(2000)0360A5-0194/2000

The proposal was amended as follows:

Text proposed by the Commission   Amendments by Parliament
(Amendment 1)
Article 2a (new)
Article 2a
During the last year of the Protocol's application and before the opening of negotiations with a view to its possible renewal, the Commission shall submit to the European Parliament and the Council a general assessment report.
(Amendment 2)
Article 2b (new)
Article 2b
The Commission shall forward to the European Parliament and the Council a copy of the annual report on the implementation of targeted measures which the Guinean authorities are to send to it on the basis of the fourth paragraph of Article 4 of the Protocol.
(Amendment 3)
Article 2c (new)
Article 2c
On the basis of those reports and taking account of the European Parliament's opinion thereon, the Council shall give the Commission a mandate, where appropriate, to commence negotiations with a view to the adoption of a new protocol.
European Parliament legislative resolution on the proposal for a Council regulation relating to the conclusion of the Protocol establishing the fishing possibilities and the financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2000 to 31 December 2001 (COM(2000) 304 - C5-0315/2000 - 2000/0154(CNS) )
P5_TA(2000)0360A5-0194/2000

(Consultation procedure)

The European Parliament,

-  having regard to the proposal for a Council regulation (COM(2000) 304 ),

-  having regard to Article 300(2) of the EC Treaty,

-  having been consulted by the Council pursuant to Article 37 in conjunction with Article 300(3), first subparagraph, of the EC Treaty (C5-0315/2000 ),

-  having regard to Rules 67 and 97(7) of its Rules of Procedure,

-  having regard to the report of the Committee on Fisheries and the opinion of the Committee on Development and Cooperation (A5-0194/2000 ),

1.  Approves the proposal for a Council regulation 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 and to the governments and parliaments of the Member States and of the Republic of Guinea.


EC-Mauritius fisheries agreement *
Text
Resolution
Proposal for a Council regulation relating to the conclusion of the Protocol defining, for the period 3 December 1999 to 2 December 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of Mauritius on fishing in the waters of Mauritius (COM(2000) 229 - C5-0253/2000 - 2000/0094(CNS) )
P5_TA(2000)0361A5-0188/2000

The proposal was amended as follows:

Text proposed by the Commission   Amendments by Parliament
(Amendment 1)
Article 2a (new)
Article 2a
In the course of the Protocol's application, and before the start of negotiations on its possible renewal, the Commission shall submit to the European Parliament and the Council a general assessment report including a cost-benefit analysis.
(Amendment 2)
Article 2b (new)
Article 2b
The Commission shall forward to the European Parliament and the Council a copy of the annual report on the implementation of targeted measures which the Mauritian authorities are to send to it on the basis of Article 3(3) of the Protocol.
(Amendment 3)
Article 2c (new)
Article 2c
On the basis of those reports and taking account of the European Parliament's opinion thereon, the Council shall give the Commission a mandate, where appropriate, to commence negotiations with a view to the adoption of a new protocol.
European Parliament legislative resolution on the proposal for a Council regulation relating to the conclusion of the Protocol defining, for the period 3 December 1999 to 2 December 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of Mauritius on fishing in the waters of Mauritius (COM(2000) 229 - C5-0253/2000 - 2000/0094(CNS) )
P5_TA(2000)0361A5-0188/2000

(Consultation procedure)

The European Parliament,

-  having regard to the proposal for a Council regulation (COM(2000) 229 ),

-  having regard to Article 300(2) of the EC Treaty,

-  having been consulted by the Council pursuant to Article 37, in conjunction with the first subparagraph of Article 300(3) of the EC Treaty (C5-0253/2000 ),

-  having regard to Rules 67 and 97(7) of its Rules of Procedure,

-  having regard to the report of the Committee on Fisheries and the opinions of the Committee on Budgets and the Committee on Development and Cooperation (A5-0188/2000 ),

1.  Approves the proposal for a Council regulation 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, and the governments and parliaments of the Member States and Mauritius.


Right to family reunification *
Text
Resolution
Proposal for a Council directive on the right to family reunification (COM(1999) 638 - C5-0077/2000 - 1999/0258(CNS) )
P5_TA(2000)0362A5-0201/2000

The proposal was amended as follows:

Text proposed by the Commission(1)   Amendments by Parliament
(Amendment 1)
Recital -1 (new)
(-1) Immigration policy comes within the range of policies in respect of which the Council, both through flanking measures related to the free movement of persons and autonomous measures, adopts legislative instruments aimed at progressively establishing an area of freedom, security and justice throughout the territory of the Member States (Article 61(a) and (b) of the Treaty);
(Amendment 2)
Recital 1
   (1) Article 63(3) of the Treaty provides that the Council is to adopt measures on immigration policy. Article 63(3)(a) provides, in particular, that the Council is to adopt measures relating to the conditions of entry and residence, and specifically refers to entry and residence for the purpose of family reunion.
   (1) Article 63(3) of the Treaty provides that the Council is to adopt measures on immigration policy. Article 63(3)(a) provides, in particular, that the Council is to adopt measures relating to the conditions of entry and residence, and standards on procedures for the issue by Member States of long term visas and residence permits, including those for the purpose of family reunion.
(Amendment 3)
Recital 3
   (3) The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need for harmonisation of national legislation on the conditions for admission and residence of third-country nationals, to be based on a common evaluation both of economic and demographic trends within the Union and of the situation in countries of origin. The European Council accordingly asked the Council rapidly to adopt decisions on the basis of Commission proposals. Those decisions were to take account not only of the absorption capacity of each Member State but also their historical and cultural links with countries of origin.
   (3) The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need for harmonisation of national legislation on the conditions for admission and residence of third-country nationals, to be based on a common evaluation both of economic and demographic trends within the Union and of the situation in countries of origin. The European Council accordingly asked the Council rapidly to adopt decisions on the basis of Commission proposals. Those decisions were to take account not only of the absorption capacity of each Member State but also their historical and cultural links with countries of origin. Nevertheless, the data and information necessary for the common evaluation and for the adoption of the decisions referred to must be subsequently made available to the Commission.
(Amendment 4)
Recital 6
   (6) Family reunification is a necessary way of making family life possible. It helps to create a socio-cultural environment facilitating the integration of third-country nationals in the Member State, which also serves to promote economic and social cohesion, a fundamental Community objective stated in Article 2 and Article 3(1)(k) of the EC Treaty.
   (6) Family reunification is a necessary way of making family life possible. It helps to create socio-cultural stability which, with due respect for the cultures and traditions of third-country nationals, facilitates the integration of those nationals in the Member State, which also serves to promote economic and social cohesion, a fundamental Community objective stated in Article 2 and Article 3(1)(k) of the EC Treaty.
(Amendment 19)
Recital 8a (new)
(8a) As regards the situation of persons enjoying subsidiary protection who cannot be covered by this Directive, a directive on the rules governing the absorption of this category of persons should be adopted without delay.
(Amendment 5)
Recital 11
   (11) Family reunification should also apply to children of full age and to relatives in the ascending line where, in view of their personal situation, there are important objective reasons for not separating them from the third-country national residing lawfully in a Member State.
   (11) Family reunification should also apply to children of full age and to relatives in the ascending line where, in view of their personal situation, there are important objective reasons for them being unable to live in acceptable conditions and self-sufficiently separately from their relative , a third-country national residing lawfully in a Member State.
(Amendment 6)
Recital 12
   (12) A set of rules governing the procedure for examination of applications for family reunification and for entry and residence of family members should be laid down. Those procedures should be effective and fair and offer proper protection to those concerned.
   (12) A set of rules governing the procedure for examination of applications for family reunification and for entry and residence of family members should be laid down. Those procedures should be efficient to manage and transparent, taking account of the normal average workload of the Member States' administrations, and should offer proper legal certainty to those concerned.
(Amendment 8)
Recital 14
   (14) Effective, proportionate and dissuasive measures should be taken to avoid and penalise breaches of the rules and procedures relating to family reunification.
   (14) Effective, proportionate and dissuasive measures should be taken to prevent and penalise breaches of the rules and procedures relating to family reunification.
(Amendment 9)
Article 3a (new)
Article 3a
   1. Notwithstanding this directive Member States may maintain or introduce more favourable arrangements or rules under national law for family reunification and the integration of families.
   2. The implementation of this directive may in no circumstances be used to justify lowering the level of protection already guaranteed by the Member States in regard to family reunification in the areas covered by the directive.
(Amendment 25)
Article 5(1)(d)
   (d) the relatives in the ascending line of the applicant or his spouse or unmarried partner who are dependent on them and have no other means of family support in the country of origin ;
   (d) the relatives in the ascending line of the applicant or his spouse or unmarried partner who are dependent on them and on the material and family support of the applicant;
(Amendment 10)
Article 7(1)
   1. In order to exercise his right to family reunification, the applicant shall submit an application for entry and residence of a member of his family to the competent authorities of the Member State where he resides. The application shall be accompanied by documentary evidence of the family relationship and of compliance with the conditions laid down in Articles 5, 8 and, where applicable, 9 and 10.
The application shall be submitted when the family member is outside the territory of the Member State.
   1. In order to exercise his right to family reunification, the applicant shall submit an application for entry and residence of one or more members of his family to the competent authorities of the Member State where he resides. The application shall be accompanied by documentary evidence of the family relationship and of compliance with the conditions laid down in Articles 5, 8 and, where applicable, 9 and 10.
The application shall be submitted when the family member is outside the territory of the Member State.
(Amendment 11)
Article 8(1)
   1. The Member States may refuse to allow the entry and residence of a family member on grounds of public policy, domestic security or public health.
   1. The Member States may refuse to allow the entry and residence of one or more family members on grounds of public policy, domestic security or public health. Any decision so to do must be accompanied by a detailed justification.
(Amendment 28)
Article 8(2)
   2. The grounds of public policy or domestic security must be based exclusively on the personal conduct of the family member concerned.
   2. The grounds of public policy or domestic security must be based exclusively on the personal conduct of the family member concerned and be notified to the applicant in a decision against which he/she may appeal .
(Amendment 12)
Article 9(1)(a)
   (a) adequate accommodation, that is to say accommodation that would be regarded as normal for a comparable family living in the same region of the Member State concerned;
   (a) accommodation, that is to say accommodation that would be regarded as adequate for a comparable family living in the same region of the Member State concerned; the suitability of the accommodation shall be assessed on the basis of objective, measurable criteria;
(Amendment 13)
Article 9(1)(c), 2nd paragraph
Where the first subparagraph cannot be applied, resources shall be deemed sufficient if they are equal to or higher than the level of the minimum social security pension paid by the Member State.
Where the first subparagraph cannot be applied, resources shall be higher than or at least equal to the level of the minimum social security pension paid by the Member State.
(Amendments 15 and 50)
Article 11
   1. As soon as the application for family reunification has been accepted, the Member State concerned shall authorise the entry of the family member. The Member States shall grant such person every facility for obtaining the requisite visas, including transit visas where required. Such visas shall be issued without charge.
   1. As soon as the application for family reunification has been accepted, the Member State concerned shall authorise the entry of the family member or members . The Member States shall grant such person or persons every facility for obtaining the requisite visas, including transit visas where required. Such visas shall be issued without charge.
   2. The Member State concerned shall grant the family member a renewable residence permit of the same duration as that held by the applicant. If the applicant's residence permit is permanent or for an unlimited duration, the Member States may limit the duration of the family member's first residence permit to one year.
   2. The Member State concerned shall grant the family member or members a residence permit of the same duration as that held by the applicant. If the applicant's residence permit is permanent or for an unlimited duration, the Member States may limit the duration of the first residence permit of the family member or of some or all of the family members to one year.
(Amendments 16 and 51)
Article 12(2)
   2. Points (b) and (c) of paragraph 1 shall not apply to relatives in the ascending line or to children of full age to whom Article 5(1)(d) and (e) applies.
Deleted
European Parliament legislative resolution on the proposal for a Council directive on the right to family reunification (COM(1999) 638 - C5-0077/2000 - 1999/0258(CNS) )
P5_TA(2000)0362A5-0201/2000

(Consultation procedure)

The European Parliament,

-  having regard to the Commission proposal to the Council (COM(1999) 638 (2) ),

-  having regard to Article 63 of the EC Treaty,

-  having been consulted by the Council pursuant to Article 67 of the EC Treaty (C5-0077/2000 ),

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

-  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0201/2000 ),

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.

(1) OJ C 116 E, 26.4.2000, p. 66.
(2) OJ C 116 E, 26.4.2000, p. 66.


EU external action priorities
European Parliament resolution on EU external action priorities
P5_TA(2000)0363RC-B5-0659/2000

The European Parliament,

-  having regard to the conclusions of the informal meeting of the General Affairs Council of 2 and 3 September 2000 in Evian,

-  having regard to the provisions of the TEU on the common foreign and security policy and development policy, and the standing international commitments of the EU,

-  having regard to the conclusions of the European Council meeting in Santa Maria da Feira,

-  having regard to the communication from the Commission on the strategic objectives 2000-2005: "Shaping the new Europe” (COM(2000) 154 ),

A.  considering the ever-growing importance of EU foreign policy since the fall of the Berlin Wall, which changed the whole landscape of Europe, and, linked to this, the growing responsibility of all the European institutions, the failure of a European foreign policy that was based exclusively on an intergovernmental system and the need for a combination of intergovernmental contacts and a proper common foreign and security policy,

B.  whereas Parliament has not thus far been consulted on the priorities for EU external action,

C.  whereas the financing of these priorities will have serious implications for the EU budget,

D.  whereas it remains unclear what the respective roles of the Commission and the High Representative will be in the definition and implementation of these priorities,

1.  Notes the conclusions of the informal meeting of the General Affairs Council regretting that intergovernmentalism has been chosen, for the moment, as the common denominator of European external policies, and asks the Council to associate Parliament fully with the definition of the priorities for EU external action;

2.  Stresses that it will not accept the setting of new priorities which require the allocation of financial provisions from the EU Budget without a clear indication of the estimated cost of the action envisaged, the source of financing and, wherever necessary, an adequate revision of the financial perspective; expresses its commitment to using its political and budgetary instruments to the full to achieve these goals;

3.  Urges the Council to address matters relating to parliamentary scrutiny of the European security and defence policy (ESDP) and clearly structure the timing, the modalities and the discussion of any developments or decisions in this field;

4.  Deplores the decision by the Council to exclude ESDP documents from application of the Council's decision on access to documents,

5.  Underlines the duty of the Commission and Council, in cooperation with Parliament, to fully coordinate action in the area of foreign policy in order to improve and guarantee the consistency, effectiveness, transparency and democratic accountability of EU foreign policy, and believes that a sensible and sensitive partnership between the institutions of the Union and the Member States is needed;

6.  Underlines the need for improved coordination in the area of external action and calls for clarification of the respective roles of the Commission and the High Representative in order to improve the effectiveness and accountability of EU action;

7.  Recognises the respective roles of the Vice-President of the Commission/Commissioner for external relations and the Secretary-General/High Representative for foreign affairs and defence as complementary, where the Commission coordinates the foreign affairs aspects of EU policy according to the TEU and the High Representative is in charge of the CFSP within the Council;

8.  Calls on Member States to undertake even greater efforts to contribute to a truly European foreign and security policy, by acting jointly in international bodies, and by continuing along the lines of the Cologne, Helsinki and Feira European Council conclusions aimed at a European Security and Defence Policy;

9.  Believes that adequate funding must be allocated to supporting the further development of the common European Security and Defence Policy with regard, in particular, to its civilian dimension and conflict prevention;

10.  Draws attention to the need, in accordance with the perspectives outlined by the Treaty, to associate Parliament fully with the evolution and definition of the common defence policy;

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


Monitoring centre for industrial change
European Parliament resolution on a monitoring centre for industrial change
P5_TA(2000)0364B5-0656/2000

The European Parliament,

-  having regard to the Presidency Conclusions of the European Councils of 23 and 24 March 2000, and of 19 and 20 June 2000, and to its own resolutions thereon,

A.  whereas neither the European Council nor the Commission retained the idea of a Monitoring Centre on Industrial Change for the exchange of best practices for the management of change with the involvement of the social partners and enterprises in general,

B.  whereas the European Council instead stated that to achieve the new strategic goal no new processes were needed and that a fully decentralised approach based on subsidiarity will be applied,

C.  whereas the European Council set out various tasks both for the Council in its various formations and its subsidiary bodies (such as the High-Level Working Party on Social Protection), and for the Commission, including inviting the Commission to draw up an annual synthesis report on progress on the basis of agreed structural indicators,

1.  Endorses the position of the European Council and the Commission in not retaining the suggestion to set up a Monitoring Centre on Industrial Change;

2.  Considers that the European institutions are sufficiently well-equipped in their different ways to evaluate developments on the ground;

3.  Recognises the need to give attention to the propagation across the EU of best practices in matters such as the alleviation of the adverse effects of industrial change, preventing long-term unemployment, and on territorial employment strategies, and therefore invites the social partners jointly to develop the appropriate structure and organisation for this purpose;

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


Community audiovisual policy in the digital age
European Parliament resolution on the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions "Principles and guidelines for the Community's audiovisual policy in the digital age" (COM(1999) 657 - C5-0144/2000 - 2000/2087(COS) )
P5_TA(2000)0365A5-0209/2000

The European Parliament,

-  having regard to the Commission communication (COM(1999) 657 - C5-0144/2000 ),

-  having regard to Articles 157 and 151 of the Treaty and the Protocol on the system of public broadcasting in the Member States annexed to the EC Treaty,

-  having regard to the Council Conclusions of 27 September 1999 concerning the results of the public consultation on the Convergence Green Paper (in particular the aspects relating to the media and the audiovisual sector)(1) ,

-  having regard to the Council Conclusions of 16 May 2000 on the principles and guidelines for audiovisual policy,

-  having regard to Rule 47(1) of its Rules of Procedure,

-  having regard to the report of the Committee on Culture, Youth, Education, the Media and Sport and the opinions of the Committee on Employment and Social Affairs and the Committee on Legal Affairs and the Internal Market (A5-0209/2000 ),

A.  whereas the issues relating to the audiovisual sector have already been comprehensively addressed and discussed over the last few years, at the Birmingham Conference in 1998, following on from the consultation on the Convergence Green Paper (COM(1997) 623 ), and alongside the revision of the directives on telecommunications,

B.  whereas the audiovisual sector, in addition to being one of the most important sources of new jobs, will continue to play a fundamental role in upholding democracy, freedom of thought and pluralism, as well as safeguarding and promoting cultural and linguistic diversity in Europe; whereas it is more important to promote European content than to protect it artificially in a global context which makes this impossible,

C.  whereas, in view of the development of digital technology, the existing Community rules governing the audiovisual sector should swiftly be amended in order to achieve the correct balance between the application of the basic principles which are currently in force and the technological and market changes which are taking place,

D.  whereas vigilance will be needed to ensure that the regulatory separation between infrastructure and content takes place in such a way that the technological and market aspects do not predominate to such an extent that they post a threat to pluralism and cultural diversity,

E.  whereas European rules relating to the audiovisual sector do not cover global dissemination systems such as the Internet, nor do they cover the transmission of the same or similar content by means of different technological platforms,

F.  whereas the public must be guaranteed access to audiovisual services in accordance with the criteria of universality, affordability and non-discrimination,

G.  whereas the introduction of a European forum on content might create worthwhile synergies between the Commission, the relevant national authorities, operators and users,

H.  whereas competition policy must be able to constitute an appropriate, effective instrument for preventing the emergence of dominant positions, as regards both the concentration of media ownership in the new digital environment and the safeguarding of pluralism, but must not lead to a situation where the development of a competitive and varied supply of European audiovisual content is frustrated by restrictions on state aid to such productions,

I.  whereas coordination between the Commission and the relevant national authorities seems to be particularly desirable in the audiovisual sector,

J.  whereas, as stated in the above Protocol, public service broadcasting plays a central part in safeguarding pluralism, and whereas, however, it is for the Member States to determine how public service broadcasting is funded; whereas the legitimate functions of public service broadcasting should include not only experimental work and research but also the potentially unrestricted use of new technical resources and forms of marketing in order to give public service broadcasting the prospect of competing on the market on an equal footing,

K.  whereas rules on content in respect of programme and supply responsibility should apply equally to public service and private or commercial operators,

L.  whereas the Member States are gradually preparing the instruments for the move to digital terrestrial television,

M.  whereas the specific characteristics of the medium of radio must be safeguarded and the move to digital broadcasting must be facilitated,

N.  whereas the European film industry is in need of massive funding and a marketing and distribution structure capable of meeting the challenge of the global market and supporting cultural diversity; whereas the Media programme is a useful, but inadequate, instrument for the hoped-for growth of the European audiovisual sector and in particular independent art cinema,

O.  whereas compliance with the principle of separation between advertising and artistic, editorial or entertainment content must be assured in the new multimedia environment,

P.  whereas copyright, the effectiveness of which is in jeopardy in the digital environment, must be protected; whereas respect for intellectual property is a source of vitality in the audiovisual and cinematographic sector and the proposal for a directive on copyright and associated rights in the information society must therefore be speedily adopted, both to protect created works and to ensure that they are accessible and can circulate freely,

Q.  whereas, on the international scene, the distinction between medium and content must be safeguarded, so as to avoid the latter being equated in every respect with any other service which may be sold on line; whereas the local dimension and cultural diversity are key elements in international negotiations on audiovisual services,

1.  Endorses, in general terms, the Commission's guidelines for audiovisual policy in the digital age and notes that the timetable for action covering the next five years does not include any major innovations by comparison with what is envisaged in current legislation;

Revision of the "Television without Frontiers" Directive

2.  Calls on the Commission to ensure that, in order to take account of technological developments and of the services offered by digitalisation, the work leading up to the revision of Directive 89/552/EEC (2) should nonetheless enable the formal revision thereof to be implemented in the course of 2002;

3.  Calls on the Commission to ensure that, as part of the revision of the legislation on audiovisual services, a core of key principles for all audiovisual services, irrespective of the method of transmission to users, is identified, or that directives (or, at least, specific regulatory instruments) are drawn up for the purpose of laying down general rules for each type of audiovisual service, irrespective of transmission or broadcasting technique;

4.  Considers that the data-collection and assessment criteria and methods used for the purpose of drawing up reports on the application of Articles 4 and 5 of Directive 89/552/EEC must be standardised so that comparable, accurate and objective analyses can be produced;

5.  Calls on the Commission, the Council and the Member States to ensure that the rules governing the new digital services offered via convergent networks reaffirm the specific nature of audiovisual services by comparison with all the services of the information society;

6.  Agrees with the Commission's aim of providing operators in the audiovisual sector with a clear and predictable policy environment; takes the view that the introduction of digital technologies in the audiovisual sector will call for adjustment of the regulatory framework, in which priority should be given to a differentiated and flexible approach, on the basis of existing law; considers that when introducing new provisions or adjusting existing ones, their impact on employment and growth needs bearing in mind;

The principles to be safeguarded and the regulatory arrangements for the new digital services

7.  Endorses the principle of separate legislation for transmission and content, and reiterates the principle that, in the information society, users should effectively be guaranteed the right of access to networks under infrastructure regulation in accordance with the criteria of universality and affordability, and access to their content under content regulation in accordance with criteria of universality, affordability, non-discrimination and transparency;

8.  Maintains that regulation must be confined to what is strictly essential and must be applied only where competition is inadequate; such regulation must always be minimal, clear, simple, predictable and consistent and enable the market in the Member States to operate in accordance with the competition rules;

9.  Reiterates that some specific technical aspects concerning consumer access to content (electronic programme guides and conditional access, and any technical system interposed between access to the medium and choice of content, including both television and interactive services) require appropriate rules for ensuring pluralism and cultural and linguistic diversity and for protecting users' freedom of choice;

10.  Calls on the Commission to recognise the importance of universal service as a means of preventing social exclusion by ensuring that consumers have affordable access to communications services;

11.  Reaffirms that the protection of minors and human dignity in audiovisual and information services is essential in order to promote harmonious personal development and ensure an appropriate social balance, as well as being essential in order to create the climate of trust needed in a sector where the number of programmes on offer is increasingly large;

12.  Calls on the Commission, the Member States, public broadcasting services, private broadcasters and all major operators in the audiovisual sector to step up experiments with systems for filtering programmes and other methods of parental control for the protection of minors and, if applicable, to create the appropriate legal framework in the Member States;

13.  Approves the use of self-regulation in the rules on audiovisual content, but such rules should be taken to be a set of principles, preferably accompanied by shared codes of conduct, laid down by the relevant national and Community authorities;

14.  Supports the principle espoused by the Commission that the allocation of scarce spectrum should aim for optimum efficiency whilst stressing that the approach to broadcast spectrum cannot be considered in isolation from other public policy objectives which public service broadcasters are required to meet;

15.  Notes the conclusions of the Lisbon seminar on digital terrestrial television and the activities relating to digital video broadcasting (DVB), and calls on the Council and the Member States to take steps in order to achieve a gradual and agreed move to digital television, in particular digital terrestrial television;

16.  Calls on the Commission and the Member States to take the lead in organising an appropriate European consultative forum to discuss aspects relating to the content of audiovisual and multimedia material (cinema, television, Internet, video games, webcasting, DVD, UMTS telephone, etc.) and related social and economic aspects;

Competition and the audiovisual market

17.  Calls on the Commission and the relevant national authorities to ensure, with a view to safeguarding pluralism, that measures are taken to prevent the emergence and maintenance of dominant positions in the audiovisual sector; calls on the Commission to assess the dominant position of audiovisual services on the basis of both economic and general criteria, looking at the functioning of the markets vertically, horizontally and intersectorally and not only in percentage terms, and taking into account the impact on European languages and cultural identity (Article 151(4) of the Treaty);

18.  Calls, therefore, on the Commission to assess carefully whether it would be advisable to put forward appropriate initiatives on media ownership in the new digital environment, with particular reference to vertical mergers;

19.  Calls on the Commission to ensure Europe-wide coordination between the national regulatory authorities and the audiovisual sector regulators; calls on the Commission to promote the creation of a European body to safeguard Europe-wide transparency in all areas of the audiovisual and multimedia market and to counter market concentrations which may pose a threat to pluralism,

20.  Calls on the Commission to take into account the cultural uniqueness and the weak economic position of the European audiovisual sector when defining its competition policy for this sector and to ensure that there are strong European groups capable of competing worldwide;

Functions of public service broadcasting

21.  Considers that the provisions of the above Protocol concerning the role of public service broadcasting in safeguarding pluralism are of fundamental importance; reiterates that it is for the Member States to define the tasks of public service broadcasting and to determine how public service broadcasting is funded in accordance with the Protocol;

22.  Stresses that public service and private broadcasting must play an innovative role at the forefront of the digital audiovisual industry;

23.  Invites the Member States, the relevant national authorities and those responsible for managing public service broadcasting to provide such broadcasting free to air, ensuring universal transmission and access and to provide legal guarantees for it through must-carry rules; stresses, in this connection, the crucial role of public digital terrestrial television and the need to make this platform as attractive as possible in the run-up to analogue switchover, through increasing capacity and improving coverage;

Other initiatives concerning the audiovisual sector and related sectors

24.  Calls on the Commission and the Member States to take steps to safeguard the balanced development of the digital audiovisual sector and the European music and digital broadcasting sectors;

25.  Calls on the Commission to embark on a study of the socio-economic impact of radio in Europe, focusing in particular on the role of local broadcasters, and to promote a move to the use of the DAB standard;

26.  Calls on the Commission to propose further initiatives to develop cyber-cinema and to promote the simultaneous distribution of European cinematographic works in the Member States, on the basis of the experience acquired in connection with the Media Training and Media Plus programmes;

27.  calls on the Commission to take steps to encourage additional financing for European cinema, including the establishment of a guarantee fund; welcomes, in this connection, the call made at the Lisbon Summit for the EIB to support European audiovisual production;

28.  Calls on the Commission, the Council and the Member States, each within its own field of competence, to recognise and promote high-quality content, not least with tax measures;

29.  Calls on the Commission to conduct a thorough examination of the advantages and possibilities of enacting an appropriate tool, e.g. a film directive, in order to strengthen support mechanisms for the film sector in the various Member States and to improve the way in which they are coordinated, with a view to creating a genuine internal European market for films;

30.  Agrees with the Commission that it is necessary to amend the legislation on advertising in connection with the innovation brought about by digitalisation, particularly with regard to interactivity;

31.  Calls on the Commission and the Council to ensure that, in reforming the legislation on advertising, the principle of demarcating between advertising and editorial content is safeguarded;

32.  Calls on the Commission and the Council to promote the creation of and access to works, and also the circulation thereof, in the digital environment, whilst at the same time ensuring that intellectual property rights are adequately protected by means of a strengthening of the directive on copyright and associated rights in the information society; considers that this need has become even more apparent as a result of the fact that the Internet, in its various forms, is one of the main new media for the dissemination of audiovisual works;

The international scene

33.  Hopes that the Community, in developing audiovisual policy, will take account of the international dimension in relation to globalisation, and of the local dimension in order to promote cultural diversity, and will ensure that the scale of the broadcasting medium does not determine the type of content, to the detriment of pluralism;

34.  Calls on the Commission to ensure that, in international negotiations, the Community insists on the distinction between regulating the medium and regulating content, so as to avoid the risk of audiovisual services being included among those which follow the rules of the networks and/or electronic commerce;

35.  Stresses the importance of the European dual system of broadcasting in which general public service broadcasters, of which the public service remits are freely defined by Member States, can continue to develop further in the information society and to coexist with commercial broadcasters, and reiterates that this European model has to be safeguarded in future WTO negotiations;

36.  Calls on the Commission as a matter of urgency to create, by means of an appropriate audiovisual policy, an environment which favours entrepreneurial talent and investment in order to secure a presence for the audiovisual industry in the global economy, whilst promoting cultural diversity;

37.  Calls on the Council and the Commission to ensure that the Community and its Member States retain the ability to determine and to transpose their policy in the cultural and audiovisual sector so as to guarantee cultural diversity;

o
o   o

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

(1) OJ C 283, 6.10.1999, p. 1.
(2) OJ L 298, 17.10.1989, p. 23.


Socio-economic background of Erasmus students
European Parliament resolution on the report from the Commission - 'Survey into the socio-economic background of Erasmus students' COM (2000) 4 - C5-0146/2000 - 2000/2089(COS) )
P5_TA(2000)0366A5-0199/2000

The European Parliament,

-  having regard to the Commission report (COM(2000) 4 - C5-0146/2000 ),

-  having regard to Article 149 of the EC Treaty, which requires the Union to contribute to the development of quality education by encouraging cooperation between Member States, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity,

-  having regard to Rule 47(1) of its Rules of Procedure,

-  having regard to Decision No 253/2000/EC of the European Parliament and of the Council of 24 January 2000, establishing the second phase of the Community action programme in the field of education 'Socrates'(1) ,

-  having regard to its resolution of 25 January 1991 on the European dimension at university level, with particular reference to teacher and student mobility(2) ,

-  having regard to its resolution of 12 March 1997 on the Commission's White Paper on Education and Training - teaching and learning - towards the learning society(3) ,

-  having regard to its resolution of 14 May 1997 on the Commission's Green Paper 'Education - Training - Research: the obstacles to trans-national mobility'(4) ,

-  having regard to its resolution of 13 May 1998 on the Commission Communication to the Council, European Parliament, Economic and Social Committee and the Committee of the Regions 'Towards a Europe of Knowledge'(5) ,

-  having regard to the report of the Committee on Culture, Youth, Education, the Media and Sport and the opinion of the Committee on Employment and Social Affairs (A5-0199/2000 ),

A.  whereas the Erasmus programme aims to encourage student mobility by developing the European dimension of education, in particular, by enabling students to undertake part of their studies in another Member State,

B.  whereas Erasmus can make a positive contribution to encouraging student mobility, provided that not only the European Union but also the national governments make the necessary efforts, by means of an adequate system of government support; whereas the loss of existing social rights at national level when students go abroad runs counter to promoting mobility,

C.  whereas the main purpose of Erasmus should be to provide equal treatment for Erasmus students regardless of their country of origin or country of destination; whereas this is not so at present, because existing government support varies markedly; more particularly, countries with a high level of government support for students are tending to spread their support over as many students as possible, with relatively small study grants for each individual, while countries with little or no additional government support are concentrating it mainly on a relatively small number of students,

D.  whereas the growing success of the Erasmus programme illustrates the vital role of Community action in the sphere of higher education,

E.  whereas it is essential, in an information and knowledge-based society, to continue to encourage the learning of foreign languages, the spirit of initiative and openness to other cultures, and this should become common practice in tomorrow's enlarged Europe,

F.  welcoming the fact that 80% of Erasmus students are the first in their family to study abroad and that more than 9 out of 10 have said that they are very satisfied with the period they spend abroad, from both the educational and the socio-cultural point of view,

G.  whereas, however, the Commission survey shows that only 1% of students took part in Erasmus mobility schemes in the year in question and that a great deal remains to be done to reach the programme's stated objective of a participation rate of 10%,

H.  regretting also that during the period under review the overall participation rate was barely above 50% and whereas measures are therefore required - in financial terms and in terms of student information - to remedy this situation by ensuring a more balanced participation of Erasmus students between the various host countries,

I.  sharing the Commission's regret that there are no coordinated and comparable European statistics which would give a more accurate and precise picture of the situation and would therefore allow more useful conclusions to be drawn, if for instance they also take account of the fact that Erasmus students have to work in the host country as well as at home in order to finance their studies,

J.  believing that it is necessary to improve transparency and academic recognition of qualifications and studies at European level and convinced that the future success of Erasmus measures depends on broader implementation of the European Credit Transfer System (ECTS) and not on confirmation of the number of hours per week spent at universities or other institutions taking part in the Erasmus programme,

K.  noting that, as exclusion arises from structural and cultural as well as economic factors, measures are required to ensure greater diversity in the social backgrounds of Erasmus students in future,

1.  Welcomes the high quality of the Commission report but regrets that it was published so long after the formal adoption of the Socrates II programme, so that its findings could not be taken into account; hopes that in future similar surveys will be carried out at more frequent intervals, also with a view to investigating and analysing the reasons for the failure of many European higher education students to apply for Erasmus, and insists that in any event further statistics should be available before the mid-term review scheduled for 2004;

2.  Calls on the Commission to submit a report on the reasons why many students do not feel encouraged to take part in the Erasmus programme;

3.  Calls for suitable administrative procedures to be established to ensure that the Commission has data on Erasmus students and results with a view to preparing statistics and monitoring the programme;

4.  Acknowledges, records and draws attention to the worrying financial problems encountered by more than 57% of Erasmus students, particularly those from countries where State funding of students is lowest, who normally live with their parents in their home country - about one third of Erasmus students - and are thus largely dependent on their parents" contributions; condemns any internal discrimination practised in Member States' higher education systems, in particular by national agencies through the criteria applied when selecting students in higher education;

5.  Points out that the Socrates II programme can put such financial deficiencies right, by granting financial support that takes account of students" social and economic situation;

6.  Notes that despite all the efforts to provide equal opportunities for all social groups, financially better-off groups continue to enjoy greater access to higher education;

7.  Notes that within the framework of Erasmus it has hitherto not been possible to give special support to groups that are less well-off in socio-economic terms but that, on the contrary, the programme is used mainly by students whose parents have a high level of qualifications;

8.  Notes also the major disparities highlighted by this survey with regard to the respective participation rates of countries of origin and host countries, and the disparities in participation between various cultural and social backgrounds, and stresses the need to organise more targeted information campaigns, with the support of student organisations;

9.  Supports the Commission in its efforts to launch a public debate on how Erasmus students could represent a broader spectrum of cultural backgrounds than is at present the case, so that all the national Erasmus offices take social and economic criteria into account when allocating Erasmus grants;

10.  Calls on the Member States to optimise coordination between national student financial support and Erasmus grants with a view to ensuring the widest possible take-up of the Erasmus programme and promoting social equality in access to the programme;

11.  Calls on the Commission to adopt measures to strengthen European and national helplines to assist students with problems and overcome the obstacles to mobility as far as possible, and to create a Web page for Erasmus students to consult, which should include information on their rights and the obligations and commitments incumbent on their home and host universities;

12.  Calls on the Commission to consider, within the total sum of money already available for this scheme, other forms of indirect support (reductions in fares, accommodation allowances, systems of loans to cover the cost of mobility, etc) in addition to the present Erasmus grant to make it more effective; notes the comments already made by the Portuguese Presidency on this matter and expects appropriate action to be taken;

13.  Calls on the Commission to press for implementation of the measures approved by the European Council at the Feira summit, to further encourage mobility in the education and training sector, by targeted information and promotional activities;

14.  Hopes that the detailed proposals to be submitted by the Commissioner responsible in autumn 2000 will really help to make the Erasmus programme more accessible to all social groups and calls on the Commission to provide for regular monitoring and assessment of resources and find alternative methods of funding;

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

(1) OJ L 28, 3.2.2000, p. 1.
(2) OJ C 48, 25.2.1991, p. 216.
(3) OJ C 115, 14.4.1997, p. 85.
(4) OJ C 167, 2.6.1997, p. 94.
(5) OJ C 167, 1.6.1998, p. 136.


Movement and residence of EU citizens
European Parliament resolution on the report from the Commission to the Council and the European Parliament on the implementation of Directives 90/364/EEC , 90/365/EEC and 93/96/EEC (right of residence) and on the communication from the Commission to the Council and the European Parliament on the special measures concerning the movement and residence of citizens of the Union which are justified on grounds of public policy, public security or public health (COM(1999) 127 , COM(1999) 372 - C5-0177/1999 , C5-0178/1999 - 1999/2157(COS) )
P5_TA(2000)0367A5-0207/2000

The European Parliament,

-  having regard to the report and the communication from the Commission (COM(1999) 127 , COM(1999) 372 - C5-0177/1999 , C5-0178/1999 ),

-  having regard, in particular, to Articles 14, 17, 18 and 39 of the EC Treaty,

-  having regard to the report of the High Level Group on free movement of persons submitted to the Commission on 18 March 1997 (the Simone Veil report),

-  having regard to the second report from the Commission on citizenship of the Union of 17 June 1997,

-  having regard to the Green Paper on supplementary pensions in the single market (COM(1997) 283 ),

-  having regard to the 1997-1998 report of ECAS (European Citizens Action Service),

-  having regard to the Commission communication: Action plan for free movement of workers (COM(1997) 586 - C4-0650/1997 ), and to its resolution of 16 July 1998 thereon(1) ,

-  having regard to Rule 47(1) of its Rules of Procedure,

-  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinions of the Committee on Legal Affairs and the Internal Market, the Committee on Employment and Social Affairs, the Committee on Culture, Youth, Education, the Media and Sport and the Committee on Petitions (A5-0207/2000 ),

A.  having regard to Article 14, concerning free movement of persons, and Articles 17 and 18 of the EC Treaty concerning European citizenship, which entails the right to move and to reside freely throughout the territory of the European Union,

B.  whereas however the Commission report and the case law of the Court of Justice of the European Communities (CJEC) indicate that European citizens of all categories still face numerous obstacles to the exercise of their right of movement and residence,

C.  whereas non-EU citizens legally resident in the Union are excluded from the right to free movement and establishment,

D.  whereas the implementation of Directives 90/364/EEC , 90/365/EEC and 93/96/EEC on the right of residence of students and retired people is still highly unsatisfactory, as the people concerned suffer on account of the slowness and administrative cost of the procedures for obtaining residence permits and are required to renew these documents, often without justification,

E.  whereas in order to obtain residence permits, retired people are required to demonstrate that they have adequate resources, which it is often difficult for them to do, while this criterion is furthermore assessed differently in different Member States and without reference to their real situation, and whereas therefore the existing legislation needs to be revised without delay,

F.  whereas certain categories of workers, particularly those in "atypical" employment or employment of very brief duration, part-time workers, temporary workers, seasonal workers and unemployed migrant workers, often encounter major difficulties of residence in the host country because of the formalities for renewal of their permits associated with the production of evidence of adequate resources,

G.  whereas in general the right of movement and residence, which is a major aspect of European citizenship (which itself is a fundamental right which cannot be reserved solely for citizens of the Member States), should wherever possible be viewed without reference to the economic considerations which currently impede its full exercise,

H.  whereas millions of third country nationals are residing legally within the EU,

I.  whereas moreover migrant workers are penalised in that they suffer the pecuniary consequences of the inadequate harmonisation of pension systems,

J.  having regard to the unacceptable violations of the right of residence which are still too often committed by the Member States, which misinterpret the concept of "public policy" and fail to respect the objectives laid down by Directive 64/221/EEC and the case law of the CJEC in this field,

K.  whereas the full exercise of the right of free movement and residence not only corresponds to the very implementation of the principle of European citizenship but also, by facilitating the mobility of students and workers, promotes dynamism and economic competitiveness,

L.  whereas fifty years after the Treaty of Rome for the first time laid down the principle of free movement of persons, this right is still impeded or even ignored, which makes it necessary to promote genuine European citizenship,

M.  whereas therefore the Commission and Council ought to do everything in their power to impart real meaning to European citizenship and to the "European area of freedom",

1.  Welcomes the report, but calls on the Commission to explain the delay in submitting a report on the implementation of Directive 93/96/EEC to the Council and Parliament;

2.  Notes that the report does not deal with the obstacles faced by workers to the exercise of their right of movement and residence, and covers the situation of third-country nationals only to the extent that they are members of the family of a European citizen;

3.  Stresses the need, on the basis of a complete overhaul of the existing rules, to adopt a framework directive to organise and guarantee the unimpeded exercise of freedom of movement and residence;

4.  Calls on the Member States and the Commission, when implementing this framework directive, to adopt the necessary measures to render the exercise of European citizenship far more effective for the various categories of persons concerned, by putting an end to the existing inequalities of treatment;

5.  Considers, in this context, that the introduction for all applicants of a residence permit valid for one year would be a first step in this direction;

6.  Deplores, in a "European area of freedom", the abusive use by Member States of public policy as grounds for expulsions; considers it essential, therefore, for Member States to endeavour to ensure that they improve their coordination of the interpretation of the concept of public policy, particularly in the context of the Schengen agreements;

7.  Urges the Commission to ensure that the legal remedies provided by Directive 64/221/EEC are not undermined in any way, and that any person covered by this Directive is not deprived of his or her rights of defence and assistance or representation;

8.  Takes the view that systematic or automatic linkage between criminal conviction and deportation is a breach of Community law and the principle of non-discrimination; points out that each and every deportation must be accounted for in terms of the present danger to public order and safety, and carefully assessed in the light of the personal circumstances of the person concerned and the need to protect family life;

9.  Believes that citizenship of the Union must be interpreted in a broad sense; is therefore of the opinion that third-country subjects who are born in the country of residence or have lived there since childhood, are long-term residents with cultural, social and family links in the country of residence or who are minors should not be deported;

10.  Takes the view that the Schengen Information System must comply with Community law, more specifically,

   -
in applying the provisions of Directive 64/221/EEC , which expressly states that personal data concerning a measure that comes under the scope of the directive, and is no longer valid or has been repealed, may not be preserved and that such data may not be included in Community lists or automatically passed on, and that refusing to grant access to the Schengen area to persons who are Union citizens, or who have become so, on the basis of registration in the SIS is in conflict with Community law;
   -
in applying Directive 95/46/EC, which expressly states that personal data obtained for specified, explicitly defined and justified purposes may not be used in a way that is incompatible with such purposes;

calls on the Commission to exercise its responsibility as guardian of the Treaties and take steps to put an end to these infringements of Community law;

11.  Regrets that the Council takes no notice of the communications from the Committee on Petitions concerning serious breaches of Community law on the part of the authorities of the Member States, which reveals a negative attitude on the part of the Council towards the right of petition of European citizens, and calls on the Council to pay the necessary attention to the rights of Union citizens;

Movement and residence of students

12.  Calls on Member States:

   -
to ensure, with regard to the right of residence of students, that their national administrations strictly apply the current provisions of Directive 93/96/EEC (enrolment at a recognised institution, a simple statement of adequate means, health insurance cover) to the exclusion of all other conditions;
   -
to limit in so far as possible the formalities relating to the renewal of residence permits and to consider issuing these documents free of charge;
   -
to ensure that all students are able to apply for a work permit in the country in which they are studying in order to finance their studies;
   -
not to make financial assistance to students subject to nationality conditions;

13.  Calls upon the Commission to study:

   -
ways of widening the scope of the Directive to embrace trainees and volunteer workers;
   -
problems in connection with the recognition of diplomas in certain professions;

14.  Takes note of the Commission's intention to extend the scope of Directive 93/96/EEC on students" right of residence to all educational establishments, and to examine how to create more clarity on the scope of students" right of residence, giving special attention to the administrative problems which trainees and participants in voluntary projects encounter, and whether it is possible to make the first issuing and renewal of residence permits for students free of charge; calls on the Commission to submit appropriate amendments to the directive to Parliament and the Council;

Movement and residence of retired people

15.  Welcomes the Commission proposals to the effect that the existing directives should be so revised as to:

   -
simplify and render as flexible as possible the procedures for providing evidence of adequate means for retired people;
   -
take account of the impact on the validity of residence permits of the increasingly common practice of living alternately in the host country and the country of origin in the course of a single year;

Movement and residence of migrant workers

16.  Calls on Member States to facilitate to the maximum the granting and renewal of residence permits for migrant workers, particularly temporary, part- time or seasonal workers, by granting them a five-year residence permit if they have held jobs for more than twelve months during a period of a residence in the host country exceeding eighteen months;

17.  Calls on host Member States moreover to allow unemployed workers:

   -
to extend their right of residence for the period during which they are entitled to draw unemployment benefit in the country concerned
   -
to renew their residence permit automatically for periods of at least six months while they are genuinely seeking employment;

18.  Calls on the Council, in this respect, to resume without further delay its consideration of the three proposals by the Commission on this subject designed to improve the free movement of workers and their families within the Community (COM(1998) 394 )(2) ;

Status of migrant workers under employment legislation

19.  Calls on Member States to carry out the improvement and modernisation essential for social protection in the EU so as to halt the penalisation of migrant workers and posted workers arising from:

   -
non-recognition of certain pension schemes between Member States and difficulties of transferring acquired rights;
   -
the restrictive character of the conditions imposed for the acquisition of supplementary pension rights (long periods during which no pension is payable);
   -
fiscal problems associated with the acquisition of pension rights in numerous Member States;
   -
difficulties relating to the transfer of early retirement benefits paid from a certain age to workers who are not employed in any form;

Family status in the host country

20.  Considers that family reunification must be simplified and facilitated, as it is a vital factor making for integration in the host country; calls on the Commission and Member States, when revising legislation on this subject, to decide:

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that the spouse of a resident student or retired person or, if the law of the Member State concerned treats the situation of unmarried couples as married couples, the unmarried partner with whom the person reuniting the family has a lasting relationship should have a genuine autonomous right of residence conferred upon them on the same terms, as regards resources, as upon the resident student or retired person;
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that in the event of divorce or decease of the person who obtained the residence permit, members of his or her family should have the right to take up or continue to undertake employment or self-employment;
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that the previous provisions should also apply, on the same terms, to members of the family of a Community national originating in a third country and, in general, that visa formalities should be eased or abolished;

Economic, social and cultural context of the right of residence of migrants

21.  Considers that the practical exercise of the right of movement and residence presupposes a thorough improvement of the social context (equality of treatment with regard to social and fiscal advantages, greater transparency of the employment market, a greater role for the EURES network), the educational context (access to education and training) and the cultural context (language learning) of migrants and their families; draws attention once more to its request for the introduction of a border impact assessment (the Europe test), to measure the impact of new or amending legislation concerning tax and social security policy on the situation of workers and their families who work in a Member State other than the one in which they live;

22.  Considers that steps should be taken to allow the free movement of legally resident third country nationals who have lived within the EU for a period of five years or more;

23.  Observes likewise that the European citizens concerned are inadequately informed as to their rights and the means of redress open to them, and that this situation should be remedied, particularly by means of better training of the national administrative staff concerned and information campaigns; calls explicitly for a continuation of the support for the initiatives of NGOs concerning complaint procedures in respect of free movement, legal support for complaint procedures and cataloguing the most frequent complaints, with guarantees of the financial resources required;

24.  Urges the Commission to speed up its internal procedures so as to stop more quickly the breaches of Community law;

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

(1) OJ C 292, 21.9.1998, p. 145.
(2)OJ C 344, 12.11.1998, pp. 9, 12 & 16.

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