European Parliament resolution on the proposal for a Council Directive concerning the European Agreement on the organisation of working time of mobile workers in civil aviation concluded by the Association of European Airlines (AEA), the European Transport Workers" Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA) (COM(2000) 382 - C5-0444/2000 - 2000/0164(COS) )

P5_TA(2000)0407 A5-0265/2000

The European Parliament,

-  having regard to the Commission proposal (COM(2000) 382 - C5-0444/2000 ),

-  having regard to Articles 137, 138 and 139 of the EC Treaty,

-  having regard to the Commission Communications on the promotion of social dialogue at Community level (COM(1993) 600 and COM(1998) 322 ),

-  having regard to the framework agreement on the organisation of working time of mobile staff in civil aviation concluded on 22 March 2000 between the organisations representing management and labour in the civil aviation sector, and having regard to the decision by these organisations to call upon the Commission to submit the above agreement to the Council with a view to implementing it,

-  having regard to the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the organisation of working time in the sectors and activities excluded from Directive 93/104/EC of 23 November 1993 (COM(1998) 662 ), and the proposals contained therein on organisation of working time for these sectors,

-  having regard to its resolution of 2 July 1998(1) on the Commission's White Paper on sectors and activities excluded from the working time Directive (COM(1997) 334 - C4-0434/1997 ),

-  having regard to European Parliament and Council Directive 2000/34/EC of 22 June 2000 amending Council Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that Directive(2) ,

-  having regard to Council Directive 1999/63/EC of 21 June 1999 concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association (ECSA) and the Federation of Transport Workers' Unions in the European Union (FST)(3) , and having regard to its resolution of 14 April 1999(4) on the proposal for a directive concerning that agreement,

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

-  having delegated the power of decision, pursuant to Rule 62 of its Rules of Procedure, to the Committee on Employment and Social Affairs,

-  having regard to the report of the Committee on Employment and Social Affairs (A5-0265/2000 ),

A.  whereas the civil aviation sector (along with all other transport sectors) was excluded from the provisions of Directive 93/104/EC on certain aspects of the organisation of working time,

B.  whereas the European Parliament has always found this exclusion unjustified, given that it is not supported by any scientific or social considerations,

C.  whereas in July 1997 the Commission adopted the abovementioned White Paper in order to examine the nature of these exclusions and to set out criteria with a view to finding a solution to the problem,

D.  whereas the Council and the European Parliament adopted Directive 2000/34/EC amending Council Directive 93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded from that Directive,

E.  whereas the social partners initiated negotiations in the different transport sectors with a view to reaching sectoral agreements,

F.  whereas the agreement lays down 'more specific requirements' within the meaning of Article 14 of Directive 93/104/EC as regards the organisation of working time of mobile staff in civil aviation,

G.  whereas protecting workers' health and safety comes under the competence of the European Community,

H.  whereas the rules concerning working time in the civil aviation sector must not be confused with the notion of “flight and duty time limitation and rest requirements”; whereas therefore the agreement shall not prejudice any future European regulation on the flight and duty time limitations,

I.  whereas the implementation of the agreement may not be used to justify any regression in relation to the existing situation in Member States regarding health and safety at work for staff in civil aviation,

J.  whereas Article 139(2) of the EC Treaty does not provide for consultation of the European Parliament; whereas the Commission forwarded the proposal to Parliament so that it can deliver its opinion to the Commission and to the Council,

1.  Welcomes the agreement reached by AEA, ETF, ECA, ERA and IACA on the organisation of working time for workers in civil aviation, and agrees that it should be submitted to the Council;

2.  Repeats its call for an interinstitutional agreement on joint arrangements for the practical application of Articles 138(4) and 139(2) of the Treaty, and urges the Commission and Council to engage in a serious dialogue with Parliament with a view to improving the current unsatisfactory situation;

3.  Recalls that a strong link exists between occupational and operational safety in the civil aviation sector, and a high level of both is also a guarantor of protection for passengers and the environment;

4.  Asks the Commission therefore urgently to bring forward a proposal for a Regulation on flight and duty time limitations and rest requirements, with a view to maintaining high operational safety levels and the prevention of short-term crew fatigue; points out that such a regulation, together with the proposed Directive on working time, would be an indispensable instrument of the acquis communautaire in the context of a future multilateral agreement between the EU and other European countries on the establishment of a European Common Aviation Area and in the context of future enlargement;

5.  Asks therefore that the present agreement be considered as an integral part of the Multilateral agreement between the EU and other European countries on the establishment of a European Common Aviation Area;

6.  Calls on the Council to keep to the implementation period of two years proposed by the Commission, and in any case to ensure that this agreement comes into force before Directive 2000/34/EC amending Directive 93/104/EC;

7.  Reminds the Council and the Commission that the agreement contains minimum requirements, without prejudice to better standards at national level;

8.  Welcomes the provision on penalties applicable for infringements of implementation of the directive, and calls on the Member States to bring forward effective monitoring mechanisms to ensure prompt detection of non-compliance with the provisions contained in the directive;

9.  Instructs its President to forward this resolution to the Commission, the Council, AEA, ETF, ECA, ERA and IACA.

(1) OJ C 226, 20.7.1998, p. 70. (2) OJ L 195, 1.8.2000, p. 41. (3) OJ L 167, 2.7.1999, p. 33. (4) OJ C 219, 30.7.1999, p. 241.

European Parliament legislative resolution on the proposal for a Council decision on the position of the European Community on the draft Regulation of the United Nations Economic Commission for Europe concerning the approval of motor vehicle headlamps emitting a symmetrical passing beam or a driving beam or both and equipped with filament lamps (5635/1999 - COM(1998) 798 - C5-0187/2000 - 1998/0363(AVC) )

P5_TA(2000)0408 A5-0263/2000

(Assent procedure)

The European Parliament,

-  having regard to the proposal for a Council Decision (COM(1998) 798 )(1) ,

-  having regard to the position of the European Community on the draft Regulation of the United Nations Economic Commission for Europe concerning the approval of motor vehicle headlamps emitting a symmetrical passing beam or a driving beam or both and equipped with filament lamps (5635/1999),

-  having regard to the Council's request for Parliament's assent pursuant to Article 300(3), second subparagraph, of the EC Treaty (C5-0187/2000 ),

-  having regard to Rule 86 and Rule 97(7) of its Rules of Procedure,

-  having regard to the recommendation of the Committee on Committee on Industry, External Trade, Research and Energy (A5-0263/2000 ),

1.  Gives its assent to the position of the European Community on the draft Regulation;

2.  Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States.

(1) OJ C 32, 6.2.1999, p. 10.

European Parliament legislative resolution on the proposal for a Council decision on the position of the European Community on the draft Regulation of the United Nations Economic Commission for Europe concerning the approval of motor vehicle headlamps emitting an asymmetrical passing beam or a driving beam or both and equipped with filament lamps (5634/1999 - COM(1998) 797 - C5-0186/2000 - 1999/0001(AVC) )

P5_TA(2000)0409 A5-0262/2000

(Assent procedure)

The European Parliament,

-  having regard to the proposal for a Council Decision (COM(1998) 797 (1) ),

-  having regard to the position of the European Community on the draft Regulation of the United Nations Economic Commission for Europe concerning the approval of motor vehicle headlamps emitting an asymmetrical passing beam or a driving beam or both and equipped with filament lamps (5634/1999),

-  having regard to the Council's request for Parliament's assent pursuant to Article 300(3), second subparagraph, of the EC Treaty (C5-0186/2000 ),

-  having regard to Rule 86 and Rule 97(7) of its Rules of Procedure,

-  having regard to the recommendation of the Committee on Industry, External Trade, Research and Energy (A5-0262/2000 ),

1.  Gives its assent to the position of the European Community on the draft Regulation;

2.  Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States.

(1) OJ C 32, 6.2.1999, p. 9.

European Parliament legislative resolution on the proposal for a Council decision on the accession by the European Community to United Nations Economic Commission for Europe Regulation No 67 on the approval of special equipment for motor vehicles fuelled by liquefied petroleum gas (5991/1999 - COM(1999) 14 - C5-0185/2000 - 1999/0018(AVC) )

P5_TA(2000)0410 A5-0261/2000

(Assent procedure)

The European Parliament,

-  having regard to the proposal for a Council Decision (COM(1999) 14 ),

-  having regard to United Nations Economic Commission for Europe Regulation No 67 on the approval of special equipment for motor vehicles fuelled by liquefied petroleum gas, (5991/1999),

-  having regard to the Council's request for Parliament's assent pursuant to Article 300(3), second subparagraph, of the EC Treaty (C5-0185/2000 ),

-  having regard to Rule 86 and Rule 97(7) of its Rules of Procedure,

-  having regard to the recommendation of the Committee on Industry, External Trade, Research and Energy (A5-0261/2000 ),

1.  Gives its assent to the accession by the European Community to the Regulation;

2.  Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States.

European Parliament legislative resolution on the proposal for a Council Decision concluding the Agreement on cooperation for science and technology between the European Community and the government of the Russian Federation (COM(1999) 324 - C5-0083/1999 - 1999/0133(CNS) )

P5_TA(2000)0411 A5-0048/1999

(Consultation procedure)

The European Parliament,

-  having regard to the proposal for a Council Decision (COM(1999) 324 - 1999/0133(CNS) (1) ),

-  having regard to Article 170 and Article 300(2), first subparagraph, first sentence, of the EC Treaty,

-  having been consulted by the Council pursuant to Article 300(3), first subparagraph, of the EC Treaty (C5-0083/1999 ),

-  having regard to Rule 97(7) 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 Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the Committee on Budgets (A5-0048/1999 /REV 1),

1.  Approves conclusion of the agreement;

2.  Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Russian Federation.

(1) OJ C 307 E, 26.10.1999, p. 22.

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council regulation modifying the common principles of the European system of national and regional accounts in the Community (ESA 95) as concerns taxes and social contributions and amending Council Regulation (EC) No 2223/96 (8276/2/2000 - C5-0328/2000 - 1999/0200(COD) )

P5_TA(2000)0412 A5-0230/2000

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (8276/2/2000 - C5-0328/2000 ),

-  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1999) 488 (2) ),

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

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

-  having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs (A5-0230/2000 ),

1.  Approves the common position;

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

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

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

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

(1) Texts Adopted, 13.4.2000, Item 19. (2) OJ C 21, 25.1.2000, p. 68.

European Parliament legislative resolution on the common position adopted by the Council with a view to adopting a European Parliament and Council decision amending Decision No 1692/96/EC as regards seaports and inland ports as well as project No 8 in Annex III (6658/1/2000 - C5-0271/2000 - 1997/0358(COD) )

P5_TA(2000)0413 A5-0232/2000

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (6658/1/2000 - C5-0271/2000 (1) ),

-  having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(1997)681 )(3) ,

-  having regard to the Commission's amended proposal (COM(1999)277 ),

-  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 Regional Policy, Transport and Tourism (A5-0232/2000 ),

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) Title Decision of the European Parliament and of the Council amending Decision No 1692/96/EC as regards seaports and inland ports as well as project No 8 in Annex III Decision of the European Parliament and of the Council amending Decision No 1692/96/EC as regards seaports, inland ports and intermodal terminals as well as project No 8 in Annex III (Amendment 2) Recital 2    (2) Interconnection points including seaports and inland ports are pre-conditions for the integration of the different transport modes in a multimodal network.    (2) Interconnection points including seaports, inland ports and intermodal terminals are pre-conditions for the integration of the different transport modes in a multimodal network, for which a strategic environmental impact assessment, as referred to in Article 8(2) of Decision No 1692/96/EC, is necessary . (Amendment 3) Recital 3    (3) In the trans-European seaport network, ports should be classified into categories on the basis of quantitative criteria or their location on islands not connected with the mainland by fixed links and only those ports in the highest category by volume of traffic should be shown, by way of indication, on maps. The specifications which a seaport project is to meet to be deemed of common interest should be set out. Deleted. (Amendment 4) ARTICLE 1(1)(b) Article 11(3a)(d) (Decision No 1692/96/EC)    (d) equipped with transhipment facilities for combined transport or with an annual freight traffic volume of not less than 300 000 tonnes.    (d) equipped with transhipment facilities for intermodal transport or with an annual freight traffic volume of not less than 500 000 tonnes. (Amendment 15) ARTICLE 1(2) Article 12(2) (Decision No 1692/96/EC)    2. The trans-European seaport network shall comprise seaports situated within the territory of the Community which are open to commercial traffic and which comply with the criteria and specifications set out in Annex II. These ports shall be classified in three categories, A, B and C, according to the volume of traffic they handle or their location. The seaports in category A provided for in section 5 of Annex II shall be shown on the indicative maps in the outline plans in section 5 of Annex I, on the basis of the most recent port data.    2. The seaports included in the network shall have:    (a) connections with other trans-European transport routes in Annex I and    (b) a total annual freight traffic volume of not less than 1.5 million tonnes, or    (c) a total annual traffic volume of not less than 200 000 international passengers (trips between ports in two different countries). In the case of islands and the outermost regions as referred to in Article 299(2) of the Treaty, the seaports included in the network shall have a total annual traffic volume of not less than 1.5 million tonnes of freight or 200 000 passengers, the latter including domestic traffic provided the distance between the ports is greater than 5 km. (Amendment 6) ARTICLE 1(2a)(new) Article 14 (Decision No 1692/96/EC) 2a.Article 14 shall be replaced by the following: "Article 14 Characteristics The trans-European combined transport network shall comprise:    - railways and inland waterways which are suitable for combined transport and shipping which, combined where appropriate with the shortest possible initial and/or terminal road haulage, permit the long-distance transport of goods;    - terminals which provide installations for intermodal transhipment between railways, roads, inland waterways and sea transport and which are identified in the outline plans in Annex I. Intermodal transport, within the meaning of this Decision, is understood as combined unitised transport (trailers and swap bodies);    - suitable rolling stock, on a provisional basis, where the characteristics of the infrastructure, as yet unadapted, so require.” (Amendment 7) ARTICLE 1(4) Annex I (Decision No 1692/96/EC)    4. Annex I shall be amended as follows:    (a) in the contents    4. Annex I shall be amended as follows:    (a) in the contents    - the title of Section 4 “Inland waterway network” shall be replaced by: “Inland waterway network and inland ports”;    - Section 5 shall be replaced by the following:    - Section 5 shall be replaced by the following: “Section 5: Seaports - Category A    5.0 Europe    5.1 Baltic Sea    5.2 North Sea    5.3 Atlantic Ocean    5.4 Mediterranean Sea - Western part    5.5 Mediterranean Sea - Eastern part”; “Section 5: Seaports    5.0 Europe    5.1 Baltic Sea    5.2 North Sea    5.3 Atlantic Ocean    5.4 Mediterranean Sea - Western part    5.5 Mediterranean Sea - Eastern part”; - in Section 7 “Combined transport network”, point 7.2 shall be deleted;    - Section 7 shall be replaced by the following:    (b) as regards the maps corresponding to Sections 4 and 5: “Section 7: Network for combined transport - rail corridors and terminals    - the map showing Section 4 shall be replaced by those annexed to this Decision. These maps identify also inland ports which are equipped with transhipment facilities for combined transport and shall replace the map showing point 7.2;    - the maps showing Section 5 as they appear in the Annex to this Decision shall be inserted;    7.1.0. Europe    7.1.1. Belgium/Germany/France/ Luxembourg/Netherlands/Austria    7.1.2. Spain/Portugal/Ireland/United Kingdom    7.1.3. Denmark/Finland/Sweden    7.1.4. Greece/Italy    7.2. Inland waterways and inland ports    (b) Outline plans 5.0 to 5.5 (Seaports) are inserted and outline plans 7.1-A (combined transport - rail corridors), 7.1-B (large scale) and 7.2 (combined transport - inland waterways) are replaced by outline plans 7.1.0 to 7.1.4 (combined transport - rail corridors and terminals/transhipment facilities) and 7.2 (inland waterways and inland ports). These outline plans are annexed.    (ba) The Elbe-Lübeck canal and the Twente-Mittelland canal are incorporated in outline plan 7.2 “Inland waterways and inland ports”.    (bb) Those inland ports which also perform seaport functions are indicated separately in outline plan 7.2 “Inland waterways and inland ports”    (bc) Those inland ports which are not intermodal but handle an annual freight traffic volume of not less than 500 000 tonnes are indicated not less than separately in outline plan 7.2 “Inland waterways and inland ports”. (Amendment 8) ARTICLE 1(5)(a) Annex II(4), Inland ports (Decision No 1692/96/EC) Inland ports In addition to projects relating to the connections and inland ports mentioned in Annex I, projects of common interest will be deemed to include any infrastructure project corresponding to one or more of the following categories:    1. access to the port from waterways;    2. port infrastructure inside the port area;    3. other transport infrastructures inside the port area;    4. other transport infrastructures linking the port to other elements of the trans-European network; Inland ports In addition to projects relating to the connections and inland ports mentioned in Annex I, projects of common interest will be deemed to include any project corresponding to one or more of the following categories:    1. access to the port from inland waterways;    2. port infrastructure inside the port area; Port infrastructure inside a port area comprises the construction and maintenance of all elements of the transport system open to all transport users within the port and of links with the national and international transport network. In particular, it includes the development and maintenance of land for commercial and other port-related purposes, the construction and maintenance of road and rail connections, the construction and maintenance, including dredging, of access routes and of other areas of water in the port, the construction and maintenance of navigation aids and traffic management, communication and information systems and the construction and maintenance of installations for the collection of waste and of used bunker oil. Enterprise-related port superstructure investments and operating aids for this purpose are not eligible for Community financial aid in the field of trans-European networks. As an exceptional measure, port superstructure activities may be supported by the Cohesion or Structural Funds in eligible regions, provided this does not impair fair competition between and within the inland ports of the Community;    3. land infrastructure linking the port to other elements of the trans-European network. (Amendment 9) ARTICLE 1(5)(b) Annex II(5)(1) (Decision 1692/96/EC)    1. Eligibility criteria for seaports Seaports shall come within one of the following categories: Category A: Seaports with a total annual traffic volume of not less than 1 million tonnes of freight or 200 000 passengers; Category B: Seaports which do not meet the criteria for category A and have a total annual traffic volume of between 500 000 and 999 999 tonnes of freight or between 100 000 and 199 999 passengers; Category C: Seaports which do not meet the criteria for categories A and B and are not used exclusively as fishing ports or marinas, located on islands which have no fixed links to the mainland.    1. Aims of port and port-related projects of common interest:    - facilitating the growth of intra- and extra-Community trade,    - supporting the principle of sustainable mobility by helping to relieve congested land corridors and to reduce the external costs of European transport by, for example, increasing the maritime share of total traffic and in particular by promoting coastal shipping,    - improving accessibility and strengthening economic and social cohesion in the Community by promoting the development of intra-Community maritime links, paying particular attention to island and peripheral regions of the Community,    - allowing permanent access to Baltic Sea ports located around and above 60º N normally ice-bound in winter. (Amendment 10) ARTICLE 1(5)(b) Annex II(5)(2) (Decision No 1692/96/EC)    2. Specifications for projects of common interest relating to the seaport network Any project which meets the following specifications will be deemed to be of common interest: (For table see OJ C 228 of 9.8.2000, p.3)    2. Infrastructure projects in or in connection with ports should come under one or more of the following categories:    A. access to the port from the sea or inland waterways, including capital costs for ice-breaking works during winter    B. infrastructure inside the port;    C. inland transport infrastructure linking the port to other elements of the trans-European transport network. Port infrastructure inside a port area comprises the construction and maintenance of all elements of the transport system open to all transport users within the port and of links with the national and international transport network; in particular, it includes the development and maintenance of land for commercial and other port-related purposes, the construction and maintenance of road and rail connections, the construction and maintenance, including dredging, of sea and inland waterway access routes and of other areas of water in the port, the construction and maintenance of navigation aids and traffic management, communication and information systems and the construction and maintenance of installations for the collection of waste and of used bunker oil. (Amendment 11) ARTICLE 1(5)(b) Annex II(5)(2a) (new) (Decision 1692/96/EC) 2a. Types of port and port-related projects of common interest. Special attention shall be given to the following types of projects, in particular:    - the development of short sea and sea-river shipping including the necessary infrastructure;    - upgrading of the port infrastructure in particular in ports on islands and in peripheral regions;    - creation or improvement of hinterland access, in particular through rail and inland waterway connections;    - development and installation of traffic management and information systems such as EDI (electronic data interchange) or other intelligent management systems for freight and passenger traffic using integrated technologie s (Amendment 12) ARTICLE 1(5)(b) Annex II(5)(2b)(new) (Decision No 1692/96/EC) 2b. Specific conditions Enterprise-related port superstructure investments and operating aids for this purpose are not eligible for Community financial aid in the field of trans-European networks. As an exceptional measure, port superstructure investments may be supported by the Cohesion or Structural Funds in eligible regions, provided this does not impair fair competition between and within the seaports of the Community. Projects must contribute to :    - integrating traffic into a trans-European transport network or a multimodal transport chain, or    - greater use of environment-friendly transport. (Amendment 13) ARTICLE 1(5)(ba)(new) Annex II(7), 2nd and 3rd indents (Decision No 1692/96/EC)    (ba) In Section 7 the second and third indents are replaced by the following: "- creation or restructuring of transhipment facilities between modes of land transport, with the corresponding infrastructure,    - adaptation of port areas, making it possible to develop or improve transhipments between sea transport and rail and inland waterways in combined transport," (Amendment 14) ANNEX Annex I(5) Category A (map 5.1) In Map 5.1 the designation of the Finnish port 'Rautaruukki/Raahe' is replaced by 'Raahe'

(1) OJ C 228, 9.8.2000, p. 1. (2) OJ C 175, 21.6.1999, p. 110. (3) OJ C 120, 18.4.1998, p. 14.

Proposal for a European Parliament and Council directive amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (COM(2000) 137 - C5-0164/2000 - 2000/0060(COD) )

P5_TA(2000)0414 A5-0231/2000

The proposal was amended as follows:

Text proposed by the Commission   Amendments (Amendment 1) ARTICLE 1(2)(b) Article 4(7) (Directive 96/53/EC)    7. Member States may allow buses that are registered or put into circulation before the implementation of this Directive to circulate in their territory until 31 December 2009 with dimensions exceeding those laid down in points 1.1, 1.2, 1.5 and 1.5a of Annex I.    7. Member States may allow buses that are registered or put into circulation before the implementation of this Directive to circulate in their territory until 31 December 2015 with dimensions exceeding those laid down in points 1.1, 1.2, 1.5 and 1.5a of Annex I. (Amendment 6) ARTICLE 1(3)(a)(ia) (new) Annex I (1.1), 5th indent (Directive 96/53/EC)    (ia) The fifth indent is replaced by the following: "- articulated bus 18.75 m" (Amendment 2) ARTICLE 1(3)(a)(ii) Annex I(1.1), 6th, 7th and 8th indents (Directive 96/53/EC)    - bus with 2 axles 12.00 m    - bus with >2 axles15.00 m    - bus + trailer 18.75 m    - rigid bus with 2 axles 13.50 m    - rigid bus with >2 axles 15.00 m    - rigid bus + trailer 18.75 m

European Parliament legislative resolution on the proposal for a European Parliament and Council directive amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (COM(2000) 137 - C5-0164/2000 - 2000/0060(COD) )

P5_TA(2000)0414 A5-0231/2000

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 137 ),

-  having regard to Article 251(2) and Article 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0164/2000 ),

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

-  having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0231/2000 ),

1.  Approves the Commission proposal as amended;

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

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

European Parliament resolution on the Commission communication "Risk capital: Implementation of the action plan - Proposals for moving forward” (COM(1999) 493 - C5-0320/1999 - 1999/2208(COS) )

P5_TA(2000)0415 A5-0235/2000

The European Parliament,

-  having regard to the Commission communication (COM(1999) 493 - C5-0320/1999 ),

-  having regard to the Conclusions of the Extraordinary European Council in Lisbon on 23 and 24 March 2000,

-  having regard to its resolution of 4 May 1999(1) on the Commission Communication on Financial services: Building a framework for action (COM(1998) 625 - C4-0688/1998 ),

-  having regard to the initiative by the European Investment Bank, Innovation 2000: Towards a Europe based on innovation and knowledge,

-  having regard to its resolution of 18 May 2000 on the Commission's recommendation for the Broad Guidelines of the Economic Policies of the Member States and the Community (drawn up pursuant to Article 99(2) of the Treaty establishing the European Community)(2) ,

-  having regard to the Communication from the Commission, e Europe: An Information Society for all - Progress Report - For the Special European Council on employment, economic reforms and social cohesion - Towards a Europe based on innovation and knowledge - Lisbon, 23 and 24 March 2000 (COM(2000) 130 ),

-  having regard to its resolution of 9 March 1999 on risk capital: a key to job creation in the European Union - April 1998(3) ,

-  having regard to its resolution of 13 April 2000 on the Commission's communication 'Towards a single market for supplementary pensions(4) ,

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

-  having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Employment and Social Affairs (A5-0235/2000 ),

A.  whereas the Commission Communication provides a timely reminder that while risk capital is developing in Europe, the amount and allocation of risk capital remains sub-optimal compared to the United States and the overall gap is widening, and a number of barriers remain,

B.  whereas the development of risk capital is essential for job creation, as small and medium sized enterprises (SMEs) account for 66% of total employment in the Community, and a recent study has shown that between 80 and 90% of funds raised from venture capital go towards hiring people,

C.  whereas the lack of an integrated, pan-European capital market and regulatory barriers such as investment restrictions and tax differences hindering the development of European supplementary pension funds, as well as the need for a single prospectus for pan-European capital raising combined with a single set of international accounting standards, have hitherto been key factors holding back the development of risk capital,

D.  whereas it is to be hoped that the current wave of consolidation of European markets and exchanges will contribute to a reduction in the fragmentation of European capital markets, thereby freeing up capital for investment in job-creating, high-growth SMEs,

E.  whereas the Commission must accelerate the completion of an integrated pan-European capital market as provided for in the Financial Services Action Plan through measures such as cross-border prospectuses and a single set of international accounting standards,

F.  whereas the introduction of the euro has already led to the diversification of investment portfolios as investors increasingly look beyond their national borders for a return, and this process can only be enhanced by the emergence of pan-European pension funds subject to prudent-man style regulation and flexible investment strategy,

G.  whereas other barriers to the development of risk capital and innovative SMEs remain in the form of the lack of an entrepreneurial culture, insufficient qualified human resources and a paucity of high-tech SMEs,

H.  whereas public authorities, both at the EU and national levels, have a key role to play in addressing these barriers, as well as in providing direct financial support to encourage venture capital in areas where the private sector would otherwise be reluctant to intervene,

I.  whereas evidence from the US suggests that informal venture capitalists such as business angels and incubators invest up to five times more than formal venture capitalists, and this trend is intensifying,

J.  whereas at the same time one of the more important sources of risk capital for small businesses is their own profits, so that favourable, less complicated rules on taxation of small businesses and their owners are of great importance in promoting the propensity to invest,

K.  whereas multinational companies, especially in the information technology and content industries, and the biotechnology and healthcare sectors, also have a responsibility to play a central role in supporting the development of the innovative start-ups which will grow into the success stories of the future; whereas the Member States should provide incentives for them to do so in order to avoid a 'brain-drain' of European talent to the United States in search of capital,

L.  whereas despite the wide range of funding instruments available to support risk capital, SMEs and entrepreneurs seeking funding for their new ventures continue to face difficulties in obtaining easy access to information about funding opportunities, public support schemes such as tax incentives and training opportunities, and the importance of securing patent protection for their designs and inventions,

M.  whereas the European system of patents is too complex and expensive, so that about two-thirds of innovative European SMEs do not register patents, making reform of the European patent system all the more urgent to enable SMEs to achieve the benefits of pan-European, low-cost and easily accessible patents,

N.  whereas the forthcoming Commission proposal for a Community Patent will play a key role in making it easier and cheaper for companies to file a patent,

O.  whereas SMEs continue to be burdened by the excessive costs and administrative procedures involved in setting up a company, with the consequent difficulties in setting up a new business which bankruptcy entails,

P.  whereas training measures and education are needed to assist the development of an enterprise culture and encourage a willingness to increase the level of risk-taking in business; whereas education should be adapted to the particular needs of SMEs; whereas it is just as important to provide practical assistance in the form of guidance for business management as to provide finance; whereas the importance of guidance for entrepreneurs should therefore be stressed,

Q.  whereas the recent adoption of the Directive on Late Payments in Commercial Transactions will help to remove one of the main causes of business failures amongst SMEs , by tackling the problem of late payments,

R.  whereas the Commission Communication rightly emphasises the importance of identifying best practice in supporting risk capital at Member State level, and the role that benchmarking can play in spreading best practice,

1.  Welcomes the fact that the Action Plan proposes concrete measures to remove the remaining barriers to a genuinely pan-European market for risk capital in the European Union by 2003 as outlined at the Lisbon summit, which will greatly contribute to job creation and increased competitiveness and productivity, and thereby also to supporting growth;

2.  Recognises that while progress has been made, with rapid growth in European venture capital over the past five years, European investment in venture capital remains considerably behind that in the US, particularly in the high-growth sectors of information technology and content industries, biotechnology, social services and healthcare, and there are wide regional and sectoral variations;

3.  Notes that, at the Extraordinary European Council held in Lisbon on 23- 24 March 2000, specific reference was made to the need to improve conditions for setting up undertakings in the field of high technologies by using risk capital and to redirect funds to other risk-capital initiatives proposed by the EIB;

4.  Urges the Commission and the Council to bring forward and apply as soon as possible a proposal for a Directive on Supplementary Pension Funds, as well as a proposal on the taxation of pension funds, with a view to securing their adoption at the earliest possible opportunity;

5.  Agrees with the Commission that properly targeted, public direct financial support can act as a catalyst in stimulating the provision of risk capital for innovative companies, especially in fields where private investment is lacking and on condition that competition is not distorted;

6.  Calls on the Commission to begin an ongoing dialogue with all interested parties, including the European Parliament, the Council, the social partners, the EIB and the European Investment Fund (EIF), with regard to the funding instruments currently available to support risk capital;

7.  Asks the EIB to focus in particular on innovative instruments tailored to the needs of the knowledge economy, and to clarify how its Innovation 2000 proposals will be carried through; further calls on the European Investment Bank to clarify the respective roles and responsibilities of the EIB and the EIF, and to focus on providing incentives to venture capital funds to invest in higher-risk ventures, by taking on board an appropriate share of the risk of default; urges the EIB to bring forward proposals in this regard by the end of this year;

8.  Urges the EIB, the EIF and the Commission to broaden their support for risk capital investment to a broader range of institutions with a more innovative range of instruments (such as micro-credits), including informal venture capitalists such as business angels and incubators, as well as credit unions, trade unions and cooperative banks, with a view to supporting SMEs from a wide range of sectors as well as high-tech companies;

9.  Calls on the Commission and the Member States to address the shortage of seed and early stage capital, as lack of start-up equity is a major barrier to start-up and developing companies throughout the Union;

10.  Emphasises the need for a 'community-up' approach to risk capital projects which includes those in less favoured regions, and which dovetails with the work of regional development agencies and the support offered by the EU regional funds to ensure that 'risk capital clusters' are developed throughout the regions of Europe;

11.  Understands that it is difficult to estimate the number of jobs created, both directly and indirectly, by risk capital investment, but nevertheless urges the Commission to carry out an economic study of the likely employment effects with a view to monitoring these on an ongoing basis;

12.  Emphasises the importance of reducing the costs and administrative procedures involved in setting up a company, while maintaining appropriate environmental assessment of new investment, and in this context welcomes the decision of the Lisbon Extraordinary European Council to call for a benchmarking exercise in this area;

13.  Encourages the Member States to introduce taxation systems which promote innovation at early stages of development, devise taxation systems which benefit private individuals wishing to invest capital in businesses and promote innovative employee ownership by means of more favourable and simplified taxation rules concerning, for example, share options;

14.  Advocates an improvement in the schemes for employee ownership linked to codetermination mechanisms such as stock options;

15.  Stresses the need to provide SMEs with high-quality, easily accessible information about access to risk capital, and therefore urges the Commission to replicate the success of the EU online public procurement initiative, SIMAP (Système d'information pour les marchés publics), by financially supporting the creation of a 'one stop shop' risk capital web site to provide a single access point for information about projects seeking risk capital and sources of EU and Member State funding for SMEs;

16.  Reiterates the value of a life-long learning approach to education and training, notably in information technology, entrepreneurial skills and educational multimedia products and services, and urges the Commission to help SMEs commercialise research funded through the Fifth Framework Programme and to strengthen the European Union's support to initiatives such as business angels networks, technology parks and university incubators;

17.  Supports strongly initiatives such as mentoring, which have a key role to play in involving socially excluded communities in start-up and risk capital projects, and recommends the spread of good practices such as the Prince's Trust in the UK;

18.  Urges the Commission and the Member States, within their respective areas of competence and in consultation with the European Parliament, to consider measures to reduce the stigma of bankruptcy, possibly including a moratorium on debt recovery where the liquidator determines that no fraudulent or illegal practices were involved and the business in question can continue trading; calls on the Commission to facilitate the sharing of best practice in this area, with a view to the elaboration of a recommendation;

19.  Urges the rapid adoption of the forthcoming Commission proposal for a Directive on the Community Patent, and calls on the Commission to support the creation of an EU-wide online patents database linked to the proposed risk capital website, and to launch an information campaign to provide SMEs with information about the importance of securing patent protection for their designs and how to obtain a patent;

20.  Asks the Commission and the Council to promote innovative software protection models such as the General Public Licence in Europe in order to support the development of open source software and to foster the provision of risk capital for entrepreneurs engaging in this field;

21.  States its concern about recent developments in patenting which either hinder the free circulation of scientific information (patenting of data bases, mathematical formulae, software codes etc.) or patent natural resources such as genes and plants without any innovative character;

22.  Calls on the Commission to develop risk capital initiatives in the accession countries;

23.  Calls on the Commission to bring forward by the end of 2000 a follow-up Communication on the Implementation of the Risk Capital Action Plan, setting out the benchmarks agreed with Member States to implement the Action Plan and proposals to ensure an integrated, joined up approach to risk capital, bringing together all Community instruments in a coherent manner; further calls on the Commission to report back regularly to the European Parliament and the Council on progress made in reaching these benchmarks and rationalising the EU framework for risk capital;

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

(1) OJ C 279, 1.10.1999, p. 96. (2) Texts Adopted, Item 3. (3) OJ C 175, 21.6.1999, p. 16. (4) Texts Adopted, Item 23.

European Parliament resolution on the European Union Charter of Fundamental Rights

P5_TA(2000)0416 B5-0767/2000

The European Parliament,

-  having regard to its resolution of 16 March 2000 on the drafting of a European Union Charter of Fundamental Rights(1) ,

A.  whereas the Convention retains sole responsibility for drafting the Charter up until the moment when it is proclaimed,

1.  Proposes, in line with the position it expounded when the Convention began its work, that, at its meeting in Biarritz, the European Council call on the Intergovernmental Conference to consider the text of the Charter adopted by the Convention and ways of incorporating it into the Treaty with a view to a decision being taken at the European Council meeting in Nice;

2.  Instructs its President to forward this resolution to the Council, the governments and parliaments of the Member States, the Commission, the Convention and the other Community institutions.

(1) Texts Adopted, Item 4.