European Parliament decision on the request for waiver of the immunity of Mr Peter Sichrovsky (2000/2237(IMM))

P5_TA(2001)0216 A5-0123/2001

The European Parliament,

-  having received a request for waiver of the immunity of Mr Peter Sichrovsky, forwarded by Mr Weis, Judge at the Vienna Criminal Court, on 12 September 2000 and announced in plenary sitting on 5 October 2000,

-  having heard Mr Sichrovsky, in accordance with Rule 6(3) of its Rules of Procedure,

-  having regard to Articles 9 and 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act concerning the Election of Representatives to the European Parliament by direct universal suffrage of 20 September 1976,

-  having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986(1) ,

-  having regard to Article 57 of the Austrian Constitution,

-  having regard to Rule 6 of its Rules of Procedure,

-  having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0123/2001 ),

1.  Decides not to waive the parliamentary immunity of Mr Sichrovsky;

2.  Instructs its President immediately to forward this decision and the report of its committee to the appropriate authority of the Republic of Austria.

(1) See Case 101/63: Wagner v Fohrmann and Krier [1964[ ECR 397 and Case 149/85: Wybot v Faure [1986[ ECR 2403.

European Parliament decision on the request for waiver of the immunity of Johannes Voggenhuber (2000/2238(IMM))

P5_TA(2001)0217 A5-0124/2001

The European Parliament,

-  having received a request for waiver of the immunity of Johannes Voggenhuber, forwarded by Judge Bruno Weis of the Vienna Criminal Court, on 12 September 2000 and announced in plenary sitting on 5 October 2000,

-  having heard Mr Johannes Voggenhuber pursuant to Rule 6(3) of its Rules of Procedure, which requested the waiver of his parliamentary immunity,

-  having regard to Articles 9 and 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act concerning the Election of Representatives to the European Parliament by direct universal suffrage of 20 September 1976,

-  having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986(1) ,

-  having regard to Article 57 of the Austrian Constitution,

-  having regard to Rule 6 of its Rules of Procedure,

-  having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0124/2001 ),

1.  Decides not to waive the immunity of Johannes Voggenhuber;

2.  Instructs its President immediately to forward this decision and the report of its committee to the appropriate authority of the Republic of Austria.

(1) See Case 101/63: Wagner v Fohrmann and Krier [1964[ ECR 397 and Case 149/85: Wybot v Faure [1986[ ECR 2403.

European Parliament decision on the request for waiver of the immunity of Elisabeth Jeggle (2001/2031(IMM))

P5_TA(2001)0218 A5-0126/2001

The European Parliament,

-  having received a request from Münsingen District Court for waiver of the immunity of Elisabeth Jeggle, forwarded by the German Federal Ministry of Justice on 12 January 2001 and announced in plenary sitting on 12 February 2001,

-  having heard Elisabeth Jeggle pursuant to Rule 6(3) of its Rules of Procedure, who has requested waiver of her parliamentary immunity,

-  having regard to Article 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, and to Article 4(2) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage of 20 September 1976,

-  having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964 and 10 July 1986(1) ,

-  having regard to Article 46 of the German Basic Law,

-  having regard to Rule 6 of its Rules of Procedure,

-  having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0126/2001 ),

1.  Decides to waive the immunity of Elisabeth Jeggle;

2.  Instructs its President immediately to forward this decision and the report of its committee to the appropriate authority of the Federal Republic of Germany.

(1) See Case 101/63: Wagner v Fohrmann and Krier [1964[ ECR 397 and Case 149/85: Wybot v Faure [1986[ ECR 2403.

European Parliament resolution on the proposal for a European Parliament and Council decision on the adjustment of the financial perspective to take account of implementation (presented by the Commission to Parliament and the Council in accordance with paragraphs 16 - 18 of the Interinstitutional Agreement of 6 May 1999) (COM(2001) 149 - C5-0117/2001 - 2001/0075(ACI))

P5_TA(2001)0219 A5-0110/2001

The European Parliament,

-  having regard to the Commission proposal (COM(2001) 149 - C5-0117/2001 ),

-  having regard to the results of the trialogue of 29 March 2001,

-  having regard to the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure(1) ,

-  having regard to the report of the Committee on Budgets and the opinions of the Committee on Employment and Social Affairs and the Committee on Agriculture and Rural Development (A5-0110/2001 ),

A.  whereas the Commission proposal to adjust the financial perspective only concerns commitment appropriations,

1.  Recalls the obligation on the Commission, under point 16 of the Interinstitutional Agreement, to present proposals for adjustments to appropriations for payments which it considers necessary when every year it makes the technical adjustment to the financial perspective; notes that the purpose of this facility is for the Commmission, together with the budgetary authority, to ensure an orderly progression of payment appropriations in relation to commitment appropriations;

2.  Asks the Commission to make up any shortfall in the allocation for Community initiatives and innovative measures for the period 2000-2006 which might result from implementation of the 2000 budget;

3.  Calls for a discussion to take place between the institutions in order to assess the budgetary and financial implications of the timetable for enlargement as it results from the current state of the accession negotiations;

4.  Approves the joint decision attached and instructs its President to have it published in the Official Journal (L series);

5.  Instructs its President to forward this resolution, including the annex, to the Council and Commission.

ANNEX

P5_TA(2001)0219 A5-0110/2001

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the adjustment of the financial perspective to take account of the conditions of implementation

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to paragraphs 16 to 18 of the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure,(2)

Having regard to the proposal from the Commission,(3)

Acting in accordance with the voting rules laid down in the fifth subparagraph of Article 272(9) of the Treaty,

Whereas:

HAVE ADOPTED THIS DECISION:

Article 1

The annual ceilings for appropriations for commitments in the Structural Funds subheading of heading 2 of the financial perspective shall be raised by the following amounts, expressed in EUR million in current prices.

Article 2

The financial perspective for EU-15 and the financial framework for EU-21, after the technical adjustment for 2002 in line with movements in GNP and prices and the adjustments covered by this Decision, are attached.

Done at Brussels, […[

For the European Parliament For the Council

The President The President

(1) OJ C 172, 18.6.1999, p. 1. (2) OJ C 172, 18.6.1999, p. 1. (3) OJ C […[, […[, p. […[.

European Parliament legislative resolution on the common position adopted by the Council with a view to the adoption of a regulation of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (14780/1/2000 - C5-0048/2001 - 1998/0323(COD) )

P5_TA(2001)0220 A5-0118/2001

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (14780/1/2000 - C5-0048/2001 )(1) ,

-  having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(1998) 623 )(3) ,

-  having regard to the amended Commission proposal (COM(2000) 824 ),

-  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 the Environment, Public Health and Consumer Policy (A5-0118/2001 ),

1.  Approves the common position;

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

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

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

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

(1) OJ C 88, 19.3.2001, p. 1. (2) OJ C 59, 23.2.2001, p. 93. (3) OJ C 45, 19.2.1999, p. 2.

Proposal for a European Parliament and Council regulation regarding public access to European Parliament, Council and Commission documents (COM(2000) 30 - C5-0057/2000 - 2000/0032(COD) )

P5_TA(2001)0221 A5-0318/2000

The proposal was approved with the following compromise amendments:

Text proposed by the Commission (1)   Amendments by Parliament Compromise Amendment 81 Recital 2    (2) Openness enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable vis-à-vis the citizen in a democratic system.    (2) Openness enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen in a democratic system. Openness contributes to strengthening the principles of democracy and respect for fundamental rights as laid down in Article 6 of the Treaty on European Union and in the Charter of Fundamental Rights of the European Union. (This text replaces Amendments 2,3,4, 5 and 7 adopted on 16 November 2000.) Compromise Amendment 82 Recital 3    (3) The conclusions of the European Councils held at Birmingham, Edinburgh and Copenhagen stressed the need to introduce greater transparency into the work of the Union institutions. Following these conclusions, the institutions launched a series of initiatives aimed at improving the transparency of the decision-making process by targeting information and communication measures more effectively and adopting rules on public access to documents.    (3) The conclusions of the European Council meetings held at Birmingham, Edinburgh and Copenhagen stressed the need to introduce greater transparency into the work of the Union institutions. This Regulation consolidates the initiatives that the institutions have already taken with a view to improving the transparency of the decision-making process. (This text replaces Amendment 8 adopted on 16 November 2000.) Compromise Amendment 83 Recital 4    (4) The purpose of this Regulation is to widen access to documents as far as possible, in line with the principle of openness . It puts into practice the right of access to documents and lays down the general principles and limits on such access in accordance with Article 255(2) of the EC Treaty .    (4) The purpose of this Regulation is to give the fullest possible effect to the right of public access to documents and to lay down the general principles and limits on such access in accordance with Article 255(2) of the Treaty . (This text replaces Amendment 10 adopted on 16 November 2000.) Compromise Amendment 84 Recital 5    (5) Since the question of access to documents is not covered by provisions of the ECSC and Euratom Treaties, this Regulation will apply to documents concerning the activities covered by those two Treaties. This was confirmed by Declaration No 41 attached to the Final Act of the Treaty of Amsterdam .    (5) Since the question of access to documents is not covered by provisions of the ECSC and Euratom Treaties, the European Parliament, the Council and the Commission should, in accordance with Declaration No 41 attached to the Final Act of the Treaty of Amsterdam, draw guidance from this Regulation as regards documents concerning the activities covered by those two Treaties. Compromise Amendment 85 Recital 5 a (new) (5a) Wider access should be granted to documents in cases where the institutions are acting in their legislative capacity, including under delegated powers, while at the same time preserving the effectiveness of the institutions' decision-making process. Such documents should be made directly accessible to the greatest possible extent. (This text replaces Amendment 13 adopted on 16 November 2000.) Compromise Amendment 86 Recital 6    (6) Under Articles 28(1) and 41(1) of the Treaty on European Union, the right of access also applies to documents relating to the common foreign and security policy and to police and judicial cooperation in criminal matters.    (6) In accordance with Articles 28(1) and 41(1) of the Treaty on European Union, the right of access also applies to documents relating to the common foreign and security policy and to police and judicial cooperation in criminal matters. Each institution should respect its security rules. Compromise Amendment 87 Recital 6 a (new) (6a) In order to ensure the full application of this Regulation to all activities of the Union, all agencies established by the institutions should apply the principles laid down in this Regulation. (This text replaces Amendments 11 and 59 adopted on 16 November 2000.) Compromise Amendment 88 Recital 6 b (new) (6b) On account of their highly sensitive content, certain documents should be given special treatment. Arrangements for informing the European Parliament of the content of such documents should be made through interinstitutional agreement. (This text replaces Amendment 6 adopted on 16 November 2000.) Compromise Amendment 89 Recital 7    (7) In order to bring about greater openness in the work of the institutions and in line with current national legislation in most of the Member States , access to documents should be extended to include all documents held by the European Parliament, the Council and the Commission.    (7) In order to bring about greater openness in the work of the institutions, access to documents should be granted by the European Parliament, the Council and the Commission not only to documents drawn up by the institutions, but also to documents received by them. In this context, it is recalled that Declaration No 35 attached to the Final Act of the Treaty of Amsterdam provides that a Member State may request the Commission or the Council not to communicate to third parties a document originating from that State without its prior agreement. (This text replaces Amendment 12 adopted on 16 November 2000.) Compromise Amendment 90 Recital 8    (8) The principles laid down by this Regulation are to be without prejudice to the specific rules applicable to access to documents, in particular those directly concerning persons with a specific interest. Deleted. (This text replaces Amendment 14 adopted on 16 November 2000.) Compromise Amendment 91 Recital 9    (9) The public interest and certain individual interests should be protected by way of a system of exceptions. Examples of these interests should be given in each case so that the system may be as transparent as possible. The institutions should also be entitled to protect their internal documents which express individual opinions or reflect free and frank discussions and provision of advice as part of internal consultations and deliberations.    (9) In principle, all documents of the institutions should be accessible to the public. However, certain public and private interests should be protected by way of exceptions. The institutions should be entitled to protect their internal consultations and deliberations where necessary to safeguard their ability to carry out their tasks. In assessing the exceptions, the institutions should take account of the principles in Community legislation concerning the protection of personal data, in all areas of Union activities. (This text replaces Amendments 15, 33 and 60 adopted on 16 November 2000.) Compromise Amendment 92 Recital 9 a (new) (9a) All rules concerning access to documents of the institutions should be in conformity with this Regulation. (This text replaces Amendment 14 and Amendment 26, paragraphs 2 and 2a and Amendment 58 adopted on 16 November 2000.) Compromise Amendment 93 Recital 10    (10) In order to ensure that the right of access is fully observed , the present two-stage administrative procedure, with the possibility of court proceedings or complaints to the Ombudsman, should be maintained , whilst the principle should be introduced whereby at the confirmatory stage no response is treated as a positive response .    (10) In order to ensure that the right of access is fully respected , a two-stage administrative procedure should apply , with the additional possibility of court proceedings or complaints to the Ombudsman. (This text replaces Amendment 16 adopted on 16 November 2000.) Compromise Amendment 94 Recital 11    (11) Each institution should take the measures necessary to inform the public about the new provisions in force; furthermore , to make it easier for citizens to exercise their rights arising from this Regulation, each institution should provide access to a register of documents.    (11) Each institution should take the measures necessary to inform the public about the new provisions in force and to train their staff to assist citizens exercising their rights under this Regulation. In order to make it easier for citizens to exercise their rights, each institution should provide access to a register of documents. (This text replaces Amendments 9, 17, 18 and 19 adopted on 16 November 2000.) Compromise Amendment 95 Recital 12    (12) Even though it is neither the object nor the effect of this Regulation to amend existing national legislation on access to documents, it is nevertheless clear that, by virtue of the principle of loyalty which governs relations between the Community institutions and the Member States, Member States should take care not to hamper the proper application of this Regulation.    (12) Even though it is neither the object nor the effect of this Regulation to amend national legislation on access to documents, it is nevertheless clear that, by virtue of the principle of loyal cooperation which governs relations between the Community institutions and the Member States, Member States should take care not to hamper the proper application of this Regulation and should respect the security rules of the institutions . (This text replaces Amendment 20 adopted on 16 November 2000.) Compromise Amendment 96 Recital 12 a (new) (12a) This Regulation is without prejudice to existing rights of access to documents for Member States, judicial authorities or investigative bodies. (This text replaces parts of Amendments 27 and 73, paragraphs 2, 3 and 5 adopted on 16 November 2000.) Compromise Amendment 97 Recital 13    (13) In accordance with Article 255(3) of the EC Treaty , each institution lays down specific provisions regarding access to its documents in its rules of procedure. Failing such provisions, this Regulation cannot be applicable. This Regulation and the provisions giving effect to it will replace Council Decision 93/731/EC of 20 December 1993 on public access to Council documents, Commission Decision 94/90/ECSC, EC, Euratom of 8 February 1994 on public access to Commission documents and European Parliament Decision 97/632/EC, ECSC, Euratom of 10 July 1997 on public access to European Parliament documents.    (13) In accordance with Article 255(3) of the Treaty , each institution lays down specific provisions regarding access to its documents in its rules of procedure. Council Decision 93/731/EC of 20 December 1993 on public access to Council documents as amended , Commission Decision 94/90/ECSC, EC, Euratom of 8 February 1994 on public access to Commission documents, European Parliament Decision 97/632/EC, ECSC, Euratom of 10 July 1997 on public access to European Parliament documents, and the rules on confidentiality of Schengen documents should therefore, if necessary, be modified or be repealed . (This text replaces Amendment 22 adopted on 16 November 2000.) Compromise Amendment 98 Article -1 (new) Article -1 Purpose The purpose of this Regulation is:    a) to define the principles, conditions and limits on grounds of public or private interest governing the right of access to European Parliament, Council and Commission (hereinafter “the institutions”) documents provided for in Article 255 of the Treaty in such a way as to ensure as wide access to documents as possible,    b) to establish rules ensuring the easiest possible exercise of this right, and    c) to promote good administrative practice on access to documents. (This text replaces Amendment 24 and the second paragraph of Amendment 25 adopted on 16 November 2000.) Compromise Amendment 99 Articles 1 and 2 Article 1 General principle and b eneficiaries Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, shall have the right to the widest possible access to the documents of the institutions within the meaning of this Regulation, without having to cite reasons for their interest, subject to the exceptions laid down in Article 4 . Article 1 B eneficiaries and scope    1. Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the institutions, subject to the principles, conditions and limits defined in this Regulation .    2. The institutions may under the same conditions grant access to documents to any natural or legal person not residing or not having its registered office in a Member State. Article 2 Scope    1. This Regulation shall apply to all documents held by the institutions , that is to say, documents drawn up by them or received from third parties and in their possession. Access to documents from third parties shall be limited to those sent to the institution after the date on which this Regulation becomes applicable.    3. This Regulation shall apply to all documents held by an institution , that is to say, documents drawn up or received by it and in its possession, in all areas of activity of the European Union .    2. This Regulation shall not apply to documents already published or accessible to the public by other means. It shall not apply where specific rules on access to documents exist.    4. Without prejudice to Articles 4 and 6a, documents shall be made accessible to the public either following a written application or directly in electronic form or through a register. In particular, documents drawn up or received in the course of a legislative procedure shall be made directly accessible in accordance with Article 9a.    5. Sensitive documents as defined in Article 6a(1) shall be subject to special treatment in accordance with that Article.    6. This Regulation shall be without prejudice to rights of public access to documents held by the institutions which might follow from instruments of international law or acts of the institutions implementing them. (This text replaces Amendment 26 (paragraph 1), Amendment 25 (paragraphs 1 and 3), Amendment 27 (paragraph 1) and Amendment 29 (paragraphs 1-3), Amendment 27 (paragraph 4) and Amendment 21 adopted on 16 November 2000.) Compromise Amendment 100 Article 3 For the purposes of this Regulation:    (a) "document” shall mean any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording); only administrative documents shall be covered, namely documents concerning a matter relating to the policies, activities and decisions falling within the institution's sphere of responsibility, excluding texts for internal use such as discussion documents, opinions of departments, and excluding informal messages; For the purposes of this Regulation:    (a) “document” shall mean any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording) concerning a matter relating to the policies, activities and decisions falling within the institution's sphere of responsibility;    (b) "institutions” shall mean the European Parliament, the Council and the Commission;    (c) "European Parliament” shall mean Parliament bodies (and in particular the Bureau and the Conference of Presidents), Parliamentary Committees, the political groups and departments;    (d) "Council” shall mean the various configurations and bodies of the Council (and in particular the Permanent Representatives Committee and the working parties), the departments and the committees set up by the Treaty or by the legislator to assist the Council;    (e) "Commission” shall mean the Members of the Commission as a body, the individual Members and their private offices, the Directorates-General and departments, the representations and delegations, committees set up by the Commission and committees set up to help it exercise its executive powers;    (f) "third party” shall mean any natural or legal person, or any entity outside the institution, including the Member States, other Community and non-Community institutions and bodies and non-member countries .    (f) "third party” shall mean any natural or legal person, or any entity outside the institution concerned, including the Member States, other Community or non-Community institutions and bodies and non-Member States . A list of the committees referred to in points (d) and (e) of the first paragraph shall be drawn up as part of the rules giving effect to this Regulation, as provided for in Article 10. (This text replaces Amendment 28 adopted on 16 November 2000.) Compromise Amendment 101 Article 4 The institutions shall refuse access to documents where disclosure could significantly undermine the protection of:    (a) the public interest and in particular :    - public security,    - defence and international relations,    - relations between and/or with the Member States or Community or non-Community institutions,    - financial or economic interests,    - monetary stability,    - the stability of the Community's legal order,    - court proceedings,    - inspections, investigations and audits,    - infringement proceedings, including the preparatory stages thereof,    - the effective functioning of the institutions;    1. The institutions shall refuse access to a document where disclosure would undermine the protection of:    (a) the public interest as regards:    - public security;    - defence and military matters ;    - international relations;    - the financial, monetary or economic policy of the Community or a Member State;    (b) privacy and the individual, and in particular:    - personnel files,    - information, opinions and assessments given in confidence with a view to recruitments or appointments,    - an individual's personal details or documents containing information such as medical secrets which, if disclosed, might constitute an infringement of privacy or facilitate such an infringement;    (b) privacy and the integrity of the individual, in particular as protected by Community legislation regarding the protection of personal data.    (c) commercial and industrial secrecy or the economic interests of a specific natural or legal person and in particular:    - business and commercial secrets,    - intellectual and industrial property,    - industrial, financial, banking and commercial information, including information relating to business relations or contracts,    - information on costs and tenders in connection with award procedures;    2. The institutions shall refuse access to a document where disclosure would undermine the protection of:    - commercial interests of a natural or legal person, including intellectual property;    - court proceedings and legal advice;    - the purpose of inspections, investigations and audits; unless there is an overriding public interest in disclosure.    (d) confidentiality as requested by the third party having supplied the document or the information, or as required by the legislation of the Member State.    3. Access to a document, drawn up by an institution for internal use or received by an institution, which relates to a matter where the decision has not been taken by the institution, shall be refused if disclosure of the document would seriously undermine the institution's decision-making process, unless there is an overriding public interest in disclosure. Access to a document containing opinions for internal use as part of deliberations and preliminary consultations within the institution concerned shall be refused even after the decision has been taken if disclosure of the document would seriously undermine the institution's decision-making process, unless there is an overriding public interest in disclosure.    4. As regards third-party documents, the institution shall consult the third party with a view to assessing whether an exception in paragraph 1 or 2 is applicable, unless it is clear that the document shall or shall not be handed out .    5. A Member State may request the institution not to disclose a document originating from that Member State without its prior agreement.    6. If only parts of the requested document are covered by any of the exceptions, the remaining parts of the document shall be released.    7. The exceptions as laid down in paragraphs 1-3 shall only apply for the period during which protection is justified on the basis of the content of the document. The exceptions may apply for a maximum period of 30 years. In the case of documents covered by the exceptions relating to privacy or commercial interests and in the case of sensitive documents, the exceptions may, if necessary, continue to apply after this period. (This text replaces Amendments 29 (paragraph 4), 30, 32 (paragraphs 3 and 4), 33, 60 and 70 adopted on 16 November 2000.) Compromise Amendment 102 Article 4 a (new) Article 4a Documents in the Member States Where a Member State receives a request for a document in its possession, originating from an institution, unless it is clear that the document shall or shall not be handed out, the Member State shall consult with the institution concerned in order to take a decision that does not jeopardise the attainment of the objectives of this Regulation. The Member State may instead refer the request to the institution. (This text replaces Amendment 37 adopted on 16 November 2000.) Compromise Amendment 103 Article 5 Processing of initial applications    1. All applications for access to a document shall be made in writing in a sufficiently precise manner to enable the institution to identify the document. The institution concerned may ask the applicant for further details regarding the application. In the event of repetitive applications and/or applications relating to very large documents, the institution concerned shall confer with the applicant informally, with a view to finding a fair solution. Applications    1. Applications for access to a document shall be made in any written form, including electronic form, in one of the languages referred to in Article 314 of the Treaty and in a sufficiently precise manner to enable the institution to identify the document. The applicant is not obliged to state reasons for his or her application.    2. Within one month of registration of the application, the institution shall inform the applicant, in a written and reasoned reply, of the outcome of the application.    2. If an application is not sufficiently precise the institution shall ask the applicant to clarify the application and shall assist the applicant in doing so, for example by providing information on the use of the public registers of documents.    3. Where the institution gives a negative reply to the applicant, it shall inform him that, within one month of receiving the reply, he is entitled to make a confirmatory application asking the institution to reconsider its position, failing which he shall be deemed to have withdrawn the original application.    3. In the event of an application relating to a very long document or to a very large number of documents, the institution concerned may confer with the applicant informally, with a view to finding a fair solution.    4. In exceptional cases, the one-month time-limit provided for in paragraph 2 may be extended by one month, provided that the applicant is notified in advance and that detailed reasons are given.    4. The institutions shall provide information and assistance to citizens on how and where applications for access to documents can be made. Failure to reply within the prescribed time-limit shall be treated as a negative response. (This text replaces paragraphs 1 and 4a of Amendment 40 and Amendment 31 adopted on 16 November 2000.) Compromise Amendment 104 Article 5 a (new) Article 5a Processing of initial applications    1. An application for access to a document shall be handled promptly. An acknowledgement of receipt shall be sent to the applicant. Within 15 working days from registration of the application, the institution shall either grant access to the document requested and provide access in accordance with Article 7 within that period or, in a written reply, state the reasons for the total or partial refusal and inform the applicant of his or her right to make a confirmatory application in accordance with paragraph 2.    2. In the event of a total or partial refusal, the applicant may, within 15 working days of receiving the institution's reply, make a confirmatory application asking the institution to reconsider its position.    3. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time-limit of 15 working days provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given.    4. Failure by the institution to reply within the prescribed time-limit shall entitle the applicant to make a confirmatory application. (This text replaces the remainder of Amendment 40 adopted on 16 November 2000.) Compromise Amendment 105 Article 6    1. Where the applicant submits a confirmatory application, the institution shall reply to him in writing within one month of registration of the application. If the institution decides to maintain its refusal to grant access to the document requested, it shall state the grounds for its refusal and inform the applicant of the remedies open to him, namely court proceedings and a complaint to the Ombudsman, under the conditions laid down in Articles 230 and 195 of the EC Treaty , respectively.    1. A confirmatory application shall be handled promptly .Within 15 working days from registration of such an application, the institution shall either grant access to the document requested and provide access in accordance with Article 7 within that period or, in a written reply, state the reasons for the total or partial refusal. Should the institution deny access in total or in part, it shall inform the applicant of the remedies open to him or her , namely instituting court proceedings against the institution and/or making a complaint to the Ombudsman, under the conditions laid down in Articles 230 and 195 of the Treaty , respectively.    2. In exceptional cases, the time-limit provided for in paragraph 1 may be extended by one month , provided that the applicant is notified in advance and that detailed reasons are given.    2. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time-limit provided for in paragraph 1 may be extended by 15 working days , provided that the applicant is notified in advance and that detailed reasons are given. Failure to reply within the prescribed time-limit shall be treated as a positive decision .    3. Failure by the institution to reply within the prescribed time-limit shall be considered as a negative reply and entitle the applicant to institute court proceedings against the institution and/or make a complaint to the Ombudsman, under the conditions laid down in Articles 230 and 195 of the Treaty, respectively. (This text replaces Amendments 41 and 50 adopted on 16 November 2000.) Compromise Amendment 106 Article 6 a (new) Article 6a Treatment of sensitive documents    1. Sensitive documents are documents originating from the institutions or their agencies, Member States, Non-Member States or International Organisations, classified as “Top Secret”, “Secret” or “Confidential” in accordance with the rules of the institution concerned which protect essential interests of the European Union or of one or more of its Member States in the areas covered by Article 4(1)(a), notably public security, defence and military matters.    2. Applications for access to sensitive documents under the procedures laid down in Articles 5a and 6 shall be handled only by those persons who have a right to acquaint themselves with those documents. These persons shall also, without prejudice to Article 9(2), assess which references to sensitive documents could be made in the public register.    3. Sensitive documents shall be recorded in the register or released only with the consent of the originator.    4. A decision by an institution to refuse access to a sensitive document shall be reasoned in a manner which does not harm the interests protected in Article 4.    5. Member States shall take appropriate measures to ensure that when handling applications for sensitive documents the principles in this Article and Article 4 are respected.    6. The rules of the institutions concerning sensitive documents shall be made public.    7. The Commission and the Council shall inform the European Parliament regarding sensitive documents in accordance with arrangements agreed between the institutions. (This text replaces paragraph (a) of Amendment 34 and paragraph 2a of Amendment 43 adopted on 16 November 2000.) Compromise Amendment 107 Article 7 Exercise of the right to access Access following an application    1. The applicant shall have access to documents either by consulting them on the spot or by receiving a copy. The costs of his doing so may be charged to the applicant.    1. The applicant shall have access to documents either by consulting them on the spot or by receiving a copy, including where available an electronic copy, according to his or her preference . The cost of producing and sending copies may be charged to the applicant. This charge shall not exceed the real cost of producing and sending the copies. Consultation on the spot, copies of less than 20 A4 pages and direct access in electronic form or through the register shall be free of charge. 1a. If a document has already been released by the institution concerned and is easily accessible to the applicant, the institution may fulfil its obligation of granting access to documents by informing the applicant how to obtain the requested document.    2. Documents shall be supplied in an existing language version, regard being had to the preference expressed by the applicant. An edited version of the requested document shall be provided if part of the document is covered by any of the exceptions provided for in Article 4.    2. Documents shall be supplied in an existing version and format (including electronically or in an alternative format such as Braille, large print or tape) with full regard to the preference expressed by the applicant. (This text replaces paragraphs 1 and 2 of Amendment 43 adopted on 16 November 2000.) Compromise Amendment 108 Article 8 Article 8 Reproduction for commercial purposes or other forms of economic exploitation Deleted An applicant who has obtained a document may not reproduce it for commercial purposes or exploit it for any other economic purposes without the prior authorisation of the right-holder. (This text and Amendment 114 below replace Amendment 44 adopted on 16 November 2000.) Compromise Amendment 109 Article 9 Information and r egisters R egisters Each institution shall take the requisite measures to inform the public of the rights they enjoy as a result of this Regulation. Furthermore, to make it easier for citizens to exercise their rights arising from this Regulation, e ach institution shall provide access to a register of documents.    1. To make citizens' rights under this Regulation effective e ach institution shall provide public access to a register of documents. Access to the register should be provided in electronic form. References to documents shall be entered in the register without delay.    2. For each document the register shall contain a reference number (including, where applicable, the interinstitutional reference), the subject matter and/or a short description of the content of the document and the date on which it was received or drawn up and entered in the register. References shall be made in a manner which does not undermine protection of the interests in Article 4 .    3. The institutions shall immediately take the measures necessary to establish a register which shall be operational at the latest one year from the entry into force of this Regulation. (This text replaces paragraphs 1-3 of Amendment 46 and Amendment 62 adopted on 16 November 2000.) Compromise Amendment 110 Article 9 a (new) Article 9a Direct access in electronic form or through a register    1. The institutions shall as far as possible make documents directly accessible to the public in electronic form or through a register in accordance with the rules of the institution concerned.    2. In particular, legislative documents, that is to say documents drawn up or received in the course of procedures for the adoption of acts which are legally binding in or for the Member States, should, subject to Articles 4 and 6a, be made directly accessible.    3. Where possible, other documents, notably documents relating to the development of policy or strategy, should be made directly accessible.    4. Where direct access is not given through the register, the register shall as far as possible indicate where the document is located. (This text replaces paragraph 4 of Amendment 46 adopted on 16 November 2000.) Compromise Amendment 111 Article 9 b (new) Article 9b Publication in the Official Journal    1. In addition to the acts referred to in Article 254 of the EC Treaty and Article 163 of the Euratom Treaty, the following documents shall, subject to Articles 4 and 6a, be published in the Official Journal:    a) Commission proposals;    b) common positions adopted by the Council in accordance with the procedures referred to in Articles 251 and 252 of the EC Treaty and the reasons underlying those common positions, as well as the European Parliament's positions in these procedures;    c) framework decisions and decisions referred to in Article 34(2) of the Treaty on European Union;    d) conventions established by the Council in accordance with Article 34(2) of the Treaty on European Union;    e) conventions signed between Member States on the basis of Article 293 of the EC Treaty;    f) international agreements concluded by the Community or in accordance with Article 24 of the Treaty on European Union;    2. As far as possible, the following documents shall be published in the Official Journal:    a) initiatives presented to the Council by a Member State pursuant to Article 67(1) of the EC Treaty or pursuant to Article 34(2) of the Treaty on European Union;    b) common positions referred to in Article 34(2) of the Treaty on European Union;    c) directives other than those referred to in Article 254(1) and (2) of the EC Treaty, decisions other than those referred to in Article 254(1) of the EC Treaty, recommendations and opinions.    3. Each institution may in its rules of procedure establish which further documents shall be published in the Official Journal. (This text replaces Amendments 39 and 61 adopted on 16 November 2000.) Compromise Amendment 112 Article 9 c (new) Article 9c Information    1. Each institution shall take the requisite measures to inform the public of the rights they enjoy under this Regulation.    2. The Member States shall cooperate with the institutions in providing information to the citizens. (This text replaces Amendments 37 (third paragraph) and 45 adopted on 16 November 2000.) Compromise Amendment 113 Article 9 d (new) Article 9d Administrative practice in the institutions    1. The institutions shall develop good administrative practices in order to facilitate the exercise of the right of access guaranteed by this Regulation.    2. The institutions shall establish an interinstitutional committee to examine best practice, address possible conflicts and discuss future developments on public access to documents. (This text replaces Amendments 34 and 48 adopted on 16 November 2000.) Compromise Amendment 114 Article 9 e (new) Article 9e Reproduction of documents This Regulation shall be without prejudice to any existing rules on copyright which may limit a third party's right to reproduce or exploit released documents. (This text replaces Amendment 44 adopted on 16 November 2000.) Compromise Amendment 115 Article 9 f (new) Article 9f Reports    1. Each institution shall publish annually a report for the preceding year including the number of cases in which the institution refused to grant access to documents, the reasons for such refusals and the number of sensitive documents not recorded in the register.    2. At the latest by 31 January 2004 the Commission shall publish a report on the implementation of the principles of this Regulation and shall make recommendations, including, if appropriate, proposals for the revision of this Regulation and an action programme of measures to be taken by the institutions. (This text replaces Amendment 51 adopted on 16 November 2000.) Compromise Amendment 116 Article 10 Each institution shall adopt in its rules of procedure the provisions required to give effect to this Regulation. Those provisions shall take effect on ... [three months after the adoption of this Regulation[.    1. Each institution shall adopt in its rules of procedure the provisions implementing this Regulation. Those provisions shall take effect on ... [six months after the adoption of this Regulation[.    2. By … [six months after the entry into force of this Regulation[ the Commission shall examine the conformity of Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning the opening to the public of the historical archives of the European Economic Community and the European Atomic Energy Community(1 ) with this Regulation, in order to ensure the preservation and archiving of documents to the fullest extent possible.    3. By … [six months after the entry into force of this Regulation[ the Commission shall examine the conformity of the existing rules on access to documents with this Regulation. _______________________ ( 1 ) OJ L 43, 15.2.1983, p. 1. (This text replaces Amendment 26, paragraph 2, Amendments 53, 55, 56 and 58 adopted on 16 November 2000.) Compromise Amendment 117 Article 11(1) This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities . It shall be applicable from … [three months from the date of adoption of this Regulation[. This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities. It shall be applicable from … [six months from the date of adoption of this Regulation[. (This text replaces Amendment 54 adopted on 16 November 2000.) Compromise Amendment 118 Joint Statement Joint statement to be published in the Official Journal "1. The European Parliament, the Council and the Commission agree that the agencies and similar bodies created by the legislator should have rules on access to their documents which conform to those of this Regulation. To this effect, the European Parliament and the Council welcome the Commission's intention to propose, as soon as possible, amendments to the acts establishing the existing agencies and bodies and to include provisions in future proposals concerning the establishment of such agencies and bodies. They undertake to adopt the necessary acts rapidly.    2. The European Parliament, the Council and the Commission call on the institutions and bodies not covered by paragraph 1 to adopt internal rules on public access to documents which take account of the principles and limits in this Regulation.” (This text, with Amendment 87, replaces Amendment 11, Amendment 57 and Amendment 59 adopted on 16 November 2000.) Compromise Amendment 119 Title and Headings Amendments 1, 23, 35, 38, 42, 47, 49 and 52 adopted on 16 November 2000 fall.

European Parliament legislative resolution on the proposal for a Regulation of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (COM(2000) 30 - C5-0057/2000 - 2000/0032(COD) )

P5_TA(2001)0221 A5-0318/2000

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and to the Council (COM(2000) 30 (2) ),

-  having regard to Article 251(2) of the EC Treaty and Article 255(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to the European Parliament (C5-0057/2000 ),

-  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 opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy, the Committee on Budgetary Control, the Committee on Legal Affairs and the Internal Market,the Committee on Culture, Youth, Education, the Media and Sport, the Committee on Constitutional Affairs and the Committee on Petitions (A5-0318/2000 ),

1.  Approves the Commission proposal as amended;

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

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

(1) OJ C 177 E, 27.6.2000, p. 70. (2) OJ C 177 E, 27.6.2000, p. 70.

Proposal for a European Parliament and Council regulation on the animal-health requirements applicable to non-commercial movement of pet animals (COM(2000) 529 - C5-0477/2000 - 2000/0221(COD) )

P5_TA(2001)0222 A5-0125/2001

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament Amendment 1 First citation Having regard to the Treaty establishing the European Community, and in particular Articles 37 and 152(4)(b) thereof, Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b) thereof, (This amendment applies throughout the text) Amendment 2 Recital 2    (2) This Regulation concerns movement of live animals covered by Annex I to the Treaty. Some of its provisions, in particular concerning rabies, have as their direct objective the protection of public health, while others concern solely animal health. Article 37 and Article 152(4)(b) of the Treaty are therefore the appropriate legal bases .    (2) The essential aim of this Regulation is the protection of human health through veterinary measures applicable to non-commercial movement of pet animals; Article 152(4)(b) of the Treaty is therefore the appropriate legal basis . Amendment 4 Recital 10 a (new) (10a) The Commission should re-examine existing legislation on trade in animals of the species specified in Annex I, Part A, with a view to harmonising it with the rules set out in this Regulation. Amendment 3 Recital 11    (11) Since the measures necessary for the implementation of this Regulation are measures of general scope 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 regulatory procedure provided for in Article 5 of that Decision,    (11) The measures to be taken for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, Amendment 5 Article 1 This Regulation lays down the animal-health requirements applicable to non-commercial movement of pet animals and the rules applying to checks on such movement. This Regulation lays down the animal-health requirements applicable to non-commercial movement of pet animals and the rules applying to checks on such movement in order to ensure the protection of human health. Amendments 6 and 7 Article 3 Animals of the species listed in Annex I, Part A, shall be regarded as identified where they bear: During an eight-year transitional period, beginning from the entry into force of this Regulation, animals of the species listed in Annex I, Part A, shall be regarded as identified where they bear:    (a) either a clearly readable tattoo, or    (a) either a clearly readable tattoo, or    (b) an electronic identification system (transponder).    (b) an electronic identification system (transponder). In the case referred to in (b), where the transponder does not comply with Standard ISO 11784 and Annex A to Standard ISO 11785, the person with responsibility for the animal must provide the means necessary for reading the transponder at the time of any inspection . In the case referred to in (b), the transponder must comply with Standard ISO 11784 and Annex A to Standard ISO 11785. Whatever form the animal identification system takes, provision must also be made for the indication of details identifying the name and address of the animal's owner. Member States which require animals entering their territory, other than into quarantine, to be identified by option (b) may continue to do so during the transitional period. After the transitional period, only option (b) shall be accepted as the means of identifying an animal. Amendment 8 Article 5, new paragraph after first paragraph The young of animals specified in Annex I, Part A, shall also meet the conditions laid down in this Regulation and thus must not be moved before they have reached the required age for vaccination and, where provided for in the rules, subsequent antibody titration. Amendment 9 Article 6, new paragraph after first paragraph Where they are initially introduced into the Community in a Member State not listed in Annex II, Part A, they may only be subsequently introduced in a Member State listed in Annex II, Part A, if they comply with the conditions laid down in Annex III, Part B, and in particular if an antibody titration on a sample taken by a veterinarian authorised by the competent authorities of a Member State is performed at least six months prior to movement. Amendment 10 Article 10, paragraph 2    2. For the purposes of entering third countries on the list in Annex II, Part B, account shall be taken of:    2. For the purposes of entering third countries on the list in Annex II, Part B, account shall be taken of the criteria in Article 2.2.5.2 of the OIE (International Office of Epizootics) International Animal Health Code, namely :    (a) the structure and organisation of their veterinary services,    (a) the disease is compulsorily notifiable in the country concerned;    (b) their status with regard to rabies,    (b) an efficient system for monitoring the disease is in permanent operation;    (c) regulations applicable to imports of carnivores,    (c) a full regulatory system for preventing and combating rabies is in force, including effective import procedures;    (d) regulations in force on the marketing of antirabies vaccines (list of authorised vaccines).    (d) no indigenous case of rabies infection has been confirmed in humans or animals during the previous two years; however, the isolation of a European bat lyssavirus (EBL 1 or EBL 2) in the country shall not prevent it from being classified as rabies-free;    (da) no case of imported rabies has been confirmed in a carnivore outside a quarantine centre during the previous six months. Amendment 11 Article 12 a (new) Article 12a The authorities responsible within the Member States for the movement of pet animals shall provide clear and easily accessible information to the public concerning the health requirements that apply for the non-commercial movement of pet animals between Member States. They shall also ensure that personnel at border points are fully informed of and able to implement this Regulation. Amendment 12 Article 16, paragraph 2    2. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7 thereof. Deleted Amendment 13 Article 16, paragraph 3    3. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7 and Article 8 thereof.    3. The implementing measures for this Regulation shall be adopted in accordance with the regulatory procedure referred to in Article 5 of Decision 1999/468/EC, having regard to Articles 7 and 8 thereof. Amendment 14 Annex I, Part B, Mammals Mammals: ferret, rabbit, guinea pig, hamster Mammals: rabbit, guinea pig, hamster Amendment 15 Annex III, Part A, fourth indent    - with an inactivated vaccine complying with the international standard (WHO).    - with an inactivated vaccine complying with the international standard (WHO); in this case, the vaccination must be carried out using an inactivated vaccine of at least one antigenic unit per dose (WHO standard).

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on the animal-health requirements applicable to non-commercial movement of pet animals (COM(2000) 529 - C5-0477/2000 - 2000/0221(COD) )

P5_TA(2001)0222 A5-0125/2001

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council and the amendments to the proposal) (COM(2000) 529 )(2) ,

-  having regard to Article 251(2), 37 and 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0477/2000 ),

-  having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposed legal basis,

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

-  having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5-0125/2001 ),

1.  Approves the Commission proposal as amended;

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

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

(1) OJ C 29 E, 30.1.2001, p. 239. (2) OJ C 29 E, 30.1.2001, p. 239.

European Parliament legislative resolution on the proposal for a Council and Commission decision on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (6727/2001 - 6726/2001 - COM(2001) 90 - C5-0157/2001 - 2001/0049 (AVC) )

P5_TA(2001)0223 A5-0132/2001

(Assent procedure)

The European Parliament,

-  having regard to the proposal for a Council and Commission decision (COM(2001) 90 ),

-  having regard to the Stabilisation and Association Agreement between the European Community and its Member States and the former Yugoslav Republic of Macedonia ,

-  having regard to the Council's request for Parliament's assent pursuant to Article 300, third paragraph, second indent in conjunction with Article 300, second paragraph, first indent, last sentence and Article 310 of the EC Treaty (C5-0157/2001 ),

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

-  having regard to the recommendation of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy (A5-0132/2001 ),

1.  Gives its assent to the conclusion of the Agreement;

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

Initiative by the Government of the French Republic with a view to adopting a Council Decision on the protection of the euro against counterfeiting (5551/2001 - C5-0054/2001 - 2001/0804(CNS) )

P5_TA(2001)0224 A5-0120/2001

The initiative was amended as follows:

Text proposed by the Government of the French Republic(1)   Amendments by Parliament Amendment 1 Recital 2    (2) The measures to protect the euro put in place by previous instruments should be supplemented and strengthened by provisions ensuring close cooperation between the competent authorities of the Member States, the European Central Bank, the national central banks, Europol and Eurojust to suppress offences involving counterfeiting of the euro,    (2) The measures to protect the euro put in place by previous instruments should be supplemented and strengthened by provisions ensuring close cooperation between the competent authorities of the Member States, the European Central Bank, the national central banks, Europol and with the Provisional Judicial Cooperation Unit and subsequently Eurojust, once the Decision establishing it has been adopted, to suppress offences involving counterfeiting of the euro, Amendment 2 Recital 2 a (new) (2a) Commission communication of 22 July 1998 to the Council, the European Parliament and the European Central Bank on "Protection of the euro - combating counterfeiting”1 should be noted. _________ 1 COM(1998) 474 . Amendment 3 Recital 2 b (new) (2b) The resolution of the European Parliament of 17 November 19981 concerning the aforementioned Commission communication of 22 July 1998 should be noted. _________ 1 OJ C 379, 7.12.1998, p. 39. Amendment 4 Recital 2 c (new) (2c) The recommendation of the European Central Bank of 7 July 1998 regarding the adoption of certain measures to enhance the legal protection of euro banknotes and coins1 should be noted. _________ 1 OJ C 11, 15.1.1999, p. 13. Amendment 5 Recital 2 d (new) (2d) The provisions of the Geneva Convention and in particular the central offices established by that Convention, should be taken into account. _________ 1 International Convention for the Suppression of Counterfeiting Currency signed in Geneva on 20 April 1929. League of Nations Treaty Series No 2623 (1931), p. 372. Amendment 6 Recital 2 e (new) (2e) Account should be taken of the Council Resolution of 28 May 1999 on increasing protection by penal sanctions against counterfeiting in connection with the introduction of the euro1 , and in particular of point C thereof inviting the Member States and the Commission to consider whether it is necessary to strengthen the existing measures in order to cooperate efficiently with the help of the European Central Bank and the European Police Office (Europol) for the suppression of counterfeiting of the euro. _________ 1 OJ C 171, 18.6.1999, p. 1. Amendment 7 Recital 2 f (new) (2f) Account should be taken of the Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro1 , which ensures effective and appropriate protection under criminal law by harmonising charges and penalties. _________ 1 OJ L 140, 14.6.2000, p. 1. Amendment 8 Recital 2 g (new) (2g) Account should be taken of the Convention of 26 July 1995 based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention)1 , and in particular Article 28 (1), point 23, thereof7 . _________ 1 OJ C 316, 27.11.1995, p. 2. Amendment 9 Recital 2 h (new) (2h) The Council Decision of 29 April 1999 extended Europol's mandate to deal with forgery of money and means of payment. _________ 1 OJ C 149, 28.5.1999, p. 16. Amendment 10 Recital 2 i (new) (2i) Account should be taken of the conclusions of the Tampere European Council of 15 and 16 October 1999, in particular recommendations 43, 44, 45 and 46. Amendment 11 Recital 2 j (new) (2j) Account should be taken of the conclusions of the Nice European Council on 7, 8, and 9 December 2000, in particular recommendation 32. Amendment 12 Article 1, indent 2    - "counterfeiting” or "forgery” of the euro shall mean the conduct described in Articles 3 to 5 of the Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro,    - offences related to "counterfeiting” or "forgery” of the euro shall mean the conduct described in Articles 3 to 5 of the Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro, Amendment 13 Article 1, indent 3    - "competent authorities” shall mean the authorities designated by the Member States to centralise information, in particular the national central offices, and to detect, investigate or punish the offences of "counterfeiting” or "forgery” of the euro;    - "competent authorities” shall mean the authorities designated by the Member States to centralise information, in particular the national central offices, referred to in Article 12 of the Geneva Convention, and to detect, investigate or punish the offences of "counterfeiting” or "forgery” of the euro; Amendment 14 Article 1, indent 4    - "technical and statistical data” shall mean data as defined in Article 2 of the Council Regulation (EC) No .../2001;    - "technical and statistical data” shall mean data as defined in Article 2 of the Council Regulation (EC) No .../2001 of …, laying down measures necessary for the protection of the euro against counterfeiting ; Amendment 15 Article 2, point (a)    (a) the necessary expert analyses of suspected counterfeit notes are carried out by the National Analysis Centre (NAC) designated pursuant to Article 4(1) of Regulation (EC) No .../2001;    (a) the necessary expert analyses of suspected counterfeit notes are carried out by the National Analysis Centre (NAC) designated pursuant to Article 4(1) of Regulation (EC) No .../2001 of…, laying down measures necessary for the protection of the euro against counterfeiting ; Amendment 16 Article 2, point (b)    (b) the necessary expert analyses of suspected counterfeit coins are carried out by the National Coin Analysis Centre (NCAC) established or designated pursuant to Article 5(1) of Regulation (EC) No .../2001.    (b) the necessary expert analyses of suspected counterfeit coins are carried out by the National Coin Analysis Centre (NCAC) established or designated pursuant to Article 5(1) of Regulation (EC) No .../2001 of…, laying down measures necessary for the protection of the euro against counterfeiting. Amendment 17 Article 4, paragraph 3    3. The competent authorities of the Member States shall exchange with the Provisional Judicial Cooperation Unit and subsequently with Eurojust, once the Decision establishing it has been adopted, all relevant information concerning criminal investigations in order to help establish the facts and ensure effective action against counterfeiting of the euro. Europol and Eurojust shall provide the competent authorities of the Member States with all necessary technical assistance in order to facilitate coordination of investigations undertaken and to improve and facilitate cooperation between the competent investigative and prosecuting bodies of the Member States.    3. The competent authorities of the Member States shall exchange with the Provisional Judicial Cooperation Unit and subsequently with Eurojust, once the Decision establishing it has been adopted, all relevant information concerning criminal investigations in order to help establish the facts and ensure effective action against counterfeiting of the euro. Europol and the Provisional Judicial Cooperation Unit, and subsequently Eurojust, once the Decision establishing it has been adopted, shall provide the competent authorities of the Member States with all necessary technical assistance in order to facilitate coordination of investigations undertaken and to improve and facilitate cooperation between the competent investigative and prosecuting bodies of the Member States. Amendment 18 Article 5 Every Member State shall recognise the principle of the recognition of previous convictions under the conditions prescribed by its domestic law and, under those same conditions, shall recognise for the purpose of establishing habitual criminality final sentences handed down in another Member State for the offences referred to in Articles 3 to 5 of the Council Framework Decision 2000/383/JHA, or the offences referred to in Article 3 of the Geneva Convention, irrespective of the currency counterfeited. Every Member State shall recognise the principle of the recognition of previous convictions under the conditions prescribed by its domestic law and, under those same conditions, shall recognise for the purpose of establishing habitual criminality final sentences handed down in another Member State for the offences referred to in Articles 3 to 5 of the Council Framework Decision 2000/383/JHA of 29 May 2000 or the offences referred to in Article 3 of the Geneva Convention, irrespective of the currency counterfeited.

European Parliament legislative resolution on the Initiative by the Government of the French Republic with a view to adopting a Council Decision on the protection of the euro against counterfeiting (5551/2001 - C5-0054/2001 - 2001/0804(CNS) )

P5_TA(2001)0224 A5-0120/2001

(Consultation procedure)

The European Parliament,

-  having regard to the Initiative by the Government of the French Republic with a view to adopting a Council Decision on the protection of the euro against counterfeiting (5551/2001)(2) ,

-  having regard to Article 34(2)(c) of the EU Treaty,

-  having been consulted by the Council pursuant to Article 39(1) of the EU Treaty (C5-0054/2001 ),

-  having regard to Rules 106 and 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0120/2001 ),

1.  Approves the Initiative by the Government of the French Republic as amended;

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

3.  Asks to be consulted again should the Council intend to make substantial modifications to the Initiative by the Government of the French Republic;

4.  Instructs its President to forward its position to the Council, the Commission and the Government of the French Republic.

(1) OJ C 75, 7.3.2001, p. 1. (2) OJ C 75, 7.3.2001, p. 1.

Council position on a draft Council Regulation laying down measures necessary for the protection of the euro against counterfeiting (6281/2001 - C5-0084/2001 - 2000/0208(CNS) )

P5_TA(2001)0225 A5-0120/2001

The position was amended as follows:

Text proposed by the Council   Amendments by Parliament Amendment 19 Recital 7    (7) The counterfeiting analysis centre (CAC) established and managed under the auspices of the ECB, in accordance with its Guideline1 , centralises the classification and analysis of technical data relating to counterfeit notes.    (7) The counterfeiting analysis centre (CAC) established and managed under the auspices of the ECB, centralises the classification and analysis of technical data relating to counterfeit notes at European level. Member States should designate or establish a National Analysis Centre. 1. European Central Bank Guideline of 26 August 1998 on certain provisions regarding euro banknotes, as amended on 26 August 1999 (ECB/1999/3) (OJ L 258, 5.10.1999, p. 32). Amendment 20 Recital 9    (9) Provision has been made for the ETSC to be established on a temporary basis as a distinct administrative entity within the Paris Mint on the basis of an exchange of letters between the President of the Council and the French Minister for Finance of 28 February and 9 June 2000; its tasks must be defined in this Regulation; the future status and the permanent headquarters of the ETSC will be decided by the Council in due course.    (9) Provision has been made for the ETSC to be established as a distinct and independent administrative entity within the Paris Mint on the basis of an exchange of letters between the President of the Council and the French Minister for Finance of 28 February and 9 June 2000; its tasks must be defined in this Regulation; the future status and the permanent headquarters of the ETSC will be decided by the Council in due course. Amendment 21 Recital 11    (11) It is necessary to provide that credit institutions and any other establishments involved in the sorting and distribution to the public of notes and coins as a professional activity, including those whose activity consists in exchanging notes or coins, such as bureaux de change, shall be under an obligation to withdraw from circulation euro notes and coins which they know or have sufficient reason to believe to be counterfeit and hand them over to the competent national authorities. In addition, it is necessary to provide for the Member States to take steps so that sanctions they consider appropriate are imposed in the event of non-compliance by the said establishments with their obligations.    (11) It is necessary to provide for credit institutions and any other establishments involved in the sorting and distribution to the public of notes and coins as a professional activity, including those whose activity consists in exchanging notes or coins, such as bureaux de change, to be under an obligation to make appropriate checks on the authenticity of euro notes and coins which they receive and to withdraw from circulation euro notes and coins which they know or have sufficient reason to believe to be counterfeit and hand them over to the competent national authorities. In addition, it is necessary to provide for the Member States to take steps so that sanctions they consider appropriate are imposed in the event of non-compliance by the said establishments with their obligations. Amendment 23 Article 3, paragraph 1    1. Technical and statistical data relating to counterfeit notes and counterfeit coins discovered in the Member States shall be gathered and indexed by the competent national authorities. These data shall be communicated to the European Central Bank for storage and processing.    1. Technical and statistical data relating to counterfeit notes and counterfeit coins discovered in the Member States shall be gathered and indexed by the competent national authorities. These data shall be communicated to the counterfeiting analysis centre (CAC) of the European Central Bank for storage in the counterfeit currency database (CCD) of the European System of Central Banks (ESCB), and processing. Amendment 24 Article 3, paragraph 2    2. The European Central Bank shall gather and store technical and statistical data relating to counterfeit notes and counterfeit coins discovered in non-member countries.    2. The counterfeiting analysis centre (CAC) of the European Central Bank shall gather and store technical and statistical data relating to counterfeit notes and counterfeit coins discovered in non-member countries. Amendment 25 Article 4, paragraph 2    2. The competent national authorities shall permit the examination by the NAC of suspected counterfeit notes and shall without delay provide it with the necessary examples requested by the NAC of each type of suspected counterfeit note for analysis and identification and such technical and statistical data as are in their possession. The NAC shall send the European Central Bank every new type of suspected counterfeit note corresponding to the criteria adopted by the European Central Bank.    2. The competent national authorities shall permit the examination by the NAC of suspected counterfeit notes and shall without delay provide it with the necessary examples requested by the NAC of each type of suspected counterfeit note for analysis and identification and such technical and statistical data as are in their possession. The NAC shall send the counterfeiting analysis centre (CAC) of the European Central Bank every new type of suspected counterfeit note corresponding to the criteria adopted by the European Central Bank. Amendment 26 Article 5, paragraph 1 a (new) 1a. The Council shall establish the European Technical and Scientific Centre (ETSC) for the technical analysis and the classification of counterfeit euro coins at European level. Amendment 27 Article 6, paragraph 1    1. Credit institutions, and any other institutions engaged in the sorting and distribution to the public of notes and coins as a professional activity, including establishments whose activity consists in exchanging notes and coins of different currencies, such as bureaux de change, shall be obliged to withdraw from circulation all euro notes and coins which they know or have sufficient reason to believe to be counterfeit. They shall immediately hand them over to the competent national authorities.    1. Credit institutions, and any other institutions engaged in the sorting and distribution to the public of notes and coins as a professional activity, including establishments whose activity consists in exchanging notes and coins of different currencies, such as bureaux de change, shall be obliged to withdraw from circulation all euro notes and coins which they know or have sufficient reason to believe to be counterfeit. They shall immediately hand them over to the competent national authorities. To that end, they shall make appropriate checks on the authenticity of euro notes and coins which they receive. Amendment 28 Article 11 As far as possible the provisions laid down in Articles 3, 4, 7, 8 and 9 of this Regulation shall apply to notes denominated in euro which have been produced with the use of lawful facilities or equipment in violation of the provisions in accordance with which the competent authorities may issue currency, or uttered in violation of the conditions in accordance with which the competent authorities may utter currency and without the consent of those authorities. The provisions laid down in Articles 3, 4, 7, 8 and 9 of this Regulation shall apply to notes denominated in euro which have been produced with the use of lawful facilities or equipment in violation of the provisions in accordance with which the competent authorities may issue currency, or uttered in violation of the conditions in accordance with which the competent authorities may utter currency and without the consent of those authorities.

European Parliament legislative resolution on the Council position on a draft Council Regulation laying down measures necessary for the protection of the euro against counterfeiting (6281/2001 - C5-0084/2001 - 2000/0208(CNS) )

P5_TA(2001)0225 A5-0120/2001

(Consultation procedure)

The European Parliament,

-  having regard to the Commission proposal to the Council (COM(2000) 492 )(1) ,

-  having been consulted by the Council, pursuant to Article 308 of the EC Treaty (C5-0441/2000 ),

-  having regard to the Council position (6281/2001 - C5-0084/2001 ),

-  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 (A5-0120/2001 ),

1.  Approves the Council position as amended;

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

3.  Asks to be consulted again should the Council intend to make substantial modifications to its position;

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

(1) OJ C 337 E, 28.11.2000, p. 264.

Council position on a draft Council Regulation extending the effects of Regulation (EC) No …/2001 laying down measures necessary for the protection of the euro against counterfeiting to those Member States which have not adopted the euro as their single currency (6281/2001 - C5-0084/2001 - 2000/0208(CNS) )

P5_TA(2001)0226 A5-0120/2001

The position was approved.

European Parliament legislative resolution on the Council position on a draft Council Regulation extending the effects of Regulation (EC) No …/2001 laying down measures necessary for the protection of the euro against counterfeiting to those Member States which have not adopted the euro as their single currency (6281/2001 - C5-0084/2001 - 2000/0208(CNS) )

P5_TA(2001)0226 A5-0120/2001

(Consultation procedure)

The European Parliament,

-  having regard to the Commission proposal to the Council (COM(2000) 492 )(1) ,

-  having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5-0441/2000 ),

-  having regard to the Council position (6281/2001 - C5-0084/2001 ),

-  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 (A5-0120/2001 ),

1.  Approves the Council position;

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

3.  Asks to be consulted again should the Council intend to make substantial modifications to its position;

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

(1) OJ C 337 E, 28.11.2000, p. 264.

Initiative of the Kingdom of Sweden with a view to the adoption of a JHA Council decision on the transmission of samples of illegal narcotic substances (14008/2000 - C5-0734/2000 - 2000/0826(CNS) )

P5_TA(2001)0227 A5-0121/2001

The initiative was amended as follows:

Text proposed by the Kingdom of Sweden(1)   Amendments by Parliament Amendment 1 Title Initiative of the Kingdom of Sweden with a view to adopting a JHA Council Decision on the transmission of samples of illegal narcotic substances Initiative of the Kingdom of Sweden with a view to adopting a JHA Council Decision on the secure transmission between the designated authorities of the Member States of samples of seized controlled narcotic substances for the purposes of analysis or examination Amendment 2 Recital -1 (new) (-1) The fight against the illicit production and trafficking of drugs is a matter of common concern for law enforcement and justice authorities in the Member States. Amendment 3 Recital 1    (1) The possibility of legally transmitting samples of seized illegal narcotic substances between the authorities of the Member States for the purposes of prevention, detection, investigation and prosecution of criminal offences would increase the effectiveness of the fight against drugs.    (1) The possibility of legally transmitting samples of seized controlled narcotic substances between the authorities of the Member States for the purposes of prevention, detection, investigation and prosecution of criminal offences would increase the effectiveness of the fight against drugs. Amendment 4 Recital 3    (3) At present no legally binding rules exist regulating the legal transmission of seized illegal narcotic substance samples between the authorities of the Member States. A system should therefore be created at European Union level to allow for the legal transmission of such samples.    (3) At present no legally binding rules exist regulating the legal transmission of seized controlled narcotic substance samples between the authorities of the Member States. A system should therefore be created at European Union level to allow for the legal transmission of such samples. Amendment 5 Recital 4    (4) That system should apply to all forms of transmission of samples of seized illegal narcotic substances between Member States. Transmission should be based on agreement between the sending and the receiving Member State, together with information to other Member States whose territory is involved.    (4) That system should apply to all forms of transmission of samples of seized controlled narcotic substances between Member States. Transmission should be based on agreement between the sending and the receiving Member State, together with information to other Member States whose territory is involved. Amendment 6 Recital 6    (6) Transmission should take place in a manner that is sufficiently secure and guarantees that the transported samples cannot be abused,    (6) Transmission must take place in a manner that ensures maximum security and guarantees that the transported samples cannot be abused, Amendment 7 Article 1, paragraph 1    1. This Decision establishes a system for the legal transmission between Member States of samples of illegal narcotic substances.    1. This Decision establishes a system for the transmission between Member States of samples of controlled narcotic substances. Amendment 8 Article 1, paragraph 2    2. Transmission of samples of illegal narcotic substances (hereinafter “samples”) shall be considered lawful in all Member States when it is conducted in accordance with this Decision.    2. Transmission of samples of controlled narcotic substances (hereinafter “samples”) shall be considered lawful in all Member States when it is conducted in accordance with this Decision. Amendment 9 Article 2, point (c)    (c) any substance coming under the scope of the decisions taken or to be taken on the basis of Article 5 of Council Joint Action 97/396/JHA of 16 June 1997 concerning the information exchange, risk assessment and the control of new synthetic drugs.    (c) any substance coming under the scope of the decisions taken or to be taken on the basis of Council Joint Action 97/396/JHA of 16 June 1997 concerning the information exchange, risk assessment and the control of new synthetic drugs. Amendment 10 Article 3, paragraph 3    3. The national contact points shall be the sole bodies competent for authorising the transmission of samples under this Decision.    3. The national contact points shall, if appropriate in association with relevant national bodies, be the sole bodies competent for authorising the transmission of samples under this Decision. Amendment 11 Article 4, paragraph 1    1. The national contact point of the Member State intending to send a sample and the national contact point of the Member State intended to receive a sample shall agree on the method of transport. For this purpose they shall make use of the sample transmission form set out in the Annex.    1. The national contact point of the Member State intending to send a sample and the national contact point of the Member State intended to receive a sample shall agree on the most appropriate and secure means of transport before the transmission takes place. For this purpose they shall make use of the sample transmission form set out in the Annex. Amendment 12 Article 4, paragraph 2    2. Where transmission of a sample involves transportation through the territory of another Member State (“involved Member State”), the national contact point of such involved Member State shall be informed of the planned transport by the national contact point of the sending Member State. To that end, each involved Member State shall receive a copy of the duly completed sample transmission form.    2. Where transmission of a sample involves transportation through the territory of another Member State (“transit Member State”), the national contact point of such transit Member State shall be informed beforehand of the planned transport by the national contact point of the sending Member State. To that end, each transit Member State shall receive a copy of the duly completed sample transmission form before the transmission begins . Amendment 13 Article 5, paragraph 1    1. The Member States sending and receiving the sample shall decide on the means of transport . Transport of samples shall take place in a sufficiently secure way.    1. Transport of samples shall take place in a secure way. Amendment 14 Article 5, paragraph 2    2. The following means of transport shall be regarded, inter alia, as sufficiently secure:    2. The following means of transport shall be regarded, inter alia, as secure:    (a) transport by an official of the sending or receiving Member State;    (a) transport by an official of the sending or receiving Member State;    (b) transport by courier;    (c) transport by diplomatic bag;    (c) transport by diplomatic bag;    (d) transport by registered (express) mail.    (d) transport by registered (express) mail. Amendment 15 Article 5, paragraph 2 a (new) 2a. The above means of transport shall be kept under constant review and alternative secure means of transport shall be agreed by the national contact points should experience so dictate. Amendment 16 Article 5, paragraph 4    4. The authorities of Member States shall not hinder or detain any transport accompanied by a duly completed sample transmission form unless they have doubts as to whether the sample transmission form has been issued lawfully. In case of doubts as to the legal status of the sample transmission form, the national contact point of the Member State detaining the transport shall, as soon as possible , contact the national contact points of the Member States responsible for the completion of the sample transmission form in order to clarify the issue.    4. The authorities of Member States shall not hinder or detain any transport accompanied by a duly completed sample transmission form unless they have doubts as to whether the transport is being carried out lawfully. In case of doubts as to the legal status of the sample transmission form, the national contact point of the Member State detaining the transport shall, without delay , contact the national contact points of the Member States responsible for the completion of the sample transmission form in order to clarify the issue. Amendment 17 Article 5, paragraph 5    5. If the means of transport chosen is transport by an official of the sending or receiving Member State, that official shall not be permitted to wear a uniform. Further, he or she shall not have any operational powers and shall not be permitted to carry out any other missions during the transport .    5. If the means of transport chosen is transport by an official of the sending or receiving Member State, that official shall not be permitted to wear a uniform. Further, he or she shall not carry out any operational task in connection with the transport that has not been agreed by the sending, transit or receiving Member State . Amendment 18 Article 6, title Nature of the sample and its use Quantity of the sample and its use Amendment 19 Article 6, paragraph 1    1. A sample shall not exceed the quantity necessary for the work of law enforcement or judicial authorities .    1. A sample shall not exceed the quantity deemed necessary for law enforcement and judicial purposes or for the analysis of samples . Amendment 20 Article 6, paragraph 2    2. The use of the sample within the receiving Member State shall be agreed between the sending and receiving Member States, it being understood that samples can only be used for prevention, detection, investigation and prosecution of criminal offences.    2. The use of the sample within the receiving Member State shall be agreed between the sending and receiving Member States, it being understood that samples can only be used for prevention, detection, investigation and prosecution of criminal offences, or for the analysis of samples . Amendment 21 Article 7, paragraph 1    1. This Decision shall be subject to evaluation before ...* ____________ * five years after the date of entry into effect of this Decision .    1. This Decision shall be subject to evaluation at least two and no more than four years after its entry into force . Amendment 22 Article 7, paragraph 2    2. For the purpose of the said evaluation the national contact point of each sending Member State shall hold in archive a copy of every sample transmission form issued during at least the previous five years.    2. For the purpose of the said evaluation the national contact point of each sending Member State shall hold in archive a copy of every sample transmission form issued during at least the previous ten years.

European Parliament legislative resolution on the initiative of the Kingdom of Sweden with a view to the adoption of a JHA Council decision on the transmission of samples of illegal narcotic substances (14008/2000 - C5-0734/2000 - 2000/0826(CNS) )

P5_TA(2001)0227 A5-0121/2001

(Consultation procedure)

The European Parliament,

-  having regard to the initiative of the Kingdom of Sweden (14008/2000)(2) ,

-  having regard to Article 34(2)(c) of the EU Treaty,

-  having been consulted by the Council pursuant to Article 39(1) of the EU Treaty (C5-0734/2000 ),

-  having regard to Rules 106 and 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5-0121/2001 ),

1.  Approves the Kingdom of Sweden initiative as amended;

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

3.  Asks to be consulted again if the Council intends to amend the Kingdom of Sweden initiative substantially;

4.  Instructs its President to forward its position to the Council and Commission, and the government of the Kingdom of Sweden.

(1) OJ C 10, 12.1.2001, p. 4. (2) OJ C 10, 12.1.2001, p. 4.

Initiative of the Kingdom of Sweden with a view to the adoption of a JHA Council decision establishing a system of special forensic profiling analysis of synthetic drugs (14007/2000 - C5-0737/2000 - 2000/0825(CNS) )

P5_TA(2001)0228 A5-0121/2001

The initiative was amended as follows:

Text proposed by the Kingdom of Sweden(1)   Amendments by Parliament Amendment 23 Recital -1 (new) (-1) The situation as to the illicit production of synthetic drugs within the European Union and the trafficking of such drugs world-wide requires immediate and concerted action at EU level. Amendment 24 Recital 2    (2) The production process in terms of recipes and production techniques gives synthetic drugs certain common characteristics allowing synthetic drugs which are seized at different occasions and places to be traced to the same origin, that is to say to establish matches between them .    (2) The production process in terms of recipes and production techniques gives synthetic drugs certain common characteristics or parameters which might allow the identification of links between drugs seized on different occasions and in different places. Amendment 25 Recital 2 a (new) (2a) Joint Action 97/396/JHA of 16 June 1997 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, concerning the information exchange, risk assessment and the control of new synthetic drugs(1 ); Joint Action 96/750/JHA of 17 December 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, concerning the approximation of the laws and practices of the Member States of the European Union to combat drug addiction and to prevent and combat illegal drug trafficking2 ; and the Council Resolution of 16 December 1996 on measures to combat and dismantle the illicit cultivation and production of drugs within the European Union3 should be taken into account. ________________ (1 ) OJ L 167, 25.6.1997, p. 1. ( 2 ) OJ L 342, 31.12.1996, p. 6. (3 ) OJ C 389, 23.12.1996, p. 1. Amendment 26 Recital 3    (3) Some national forensic laboratories in the European Union have developed specialised techniques in the analysing of synthetic drugs enabling the identification of such common characteristics.    (3) Some national forensic laboratories in the European Union have developed specialised techniques in the analysing of some synthetic drugs, thereby enabling the identification of such common characteristics. Amendment 27 Recital 4    (4) Such characteristics provide new information in addition to traditional criminal intelligence or investigative data . Their combination could establish or reinforce links between ongoing or finalised criminal investigations and thereby facilitate the identification of illicit centres or networks involved in the production and distribution of synthetic drugs.    (4) Those characteristics may provide information which, in combination with traditional information and intelligence, could establish or reinforce links between ongoing or finalised criminal investigations and thereby facilitate the identification of illicit centres or networks involved in the production and distribution of synthetic drugs. Amendment 28 Recital 5    (5) The harmonisation of data provided by the specialised techniques developed is not technically possible in the short term . Laboratories having developed such techniques should be designated and tasked with the specialised physical and chemical characterisation and the impurity profiling of synthetic drugs.    (5) The harmonisation of data provided by the specialised techniques developed at present is not sufficiently developed to allow operational exchange of forensic data and the laboratories having developed such techniques should be designated and tasked with the specialised physical and chemical characterisation and the impurity profiling of synthetic drugs. Amendment 29 Recital 5 a (new) (5a) It is not likely that the exchange of forensic data can ever fully replace the exchange of samples. The exchange of forensic data instead of samples is desirable in the long term in order to increase effectiveness. Research and development in the area of such data exchange should be encouraged. Amendment 30 Recital 6    (6) The collation, combination and analysis of forensic and criminal intelligence or investigate data in real time is of crucial importance to achieve operative results, the transmission of samples of seized synthetic drugs to designated laboratories and criminal intelligence or investigative data to Europol must take place immediately afte r seizure .    (6) The collation, combination and analysis of forensic data and information and intelligence in real time is of crucial importance to achieve operative results. Amendment 31 Recital 6 a (new) (6a) It is essential to design the process in such a way as to allow the European Parliament to participate in the development of the network. Amendment 32 Recital 6 b (new) (6b) The purpose of the network is to establish a level of competence throughout the European Union in this field. Amendment 33 Article 1, paragraph 1    1. A European system of laboratories shall be set up with the aim of carrying out special forensic profiling analyses, hereafter referred to as “special analyses”, on samples of seized synthetic drugs for the purpose of the prevention, detection, investigation and prosecution of criminal offences.    1. A European Union-wide system, including the operational participation of the candidate countries, shall be set up with the aim of carrying out and comparing special forensic profiling analyses according to reliable and well-defined standards, hereafter referred to as “special analyses”, on samples of seized synthetic drugs for the purpose of the prevention, detection, investigation and prosecution of criminal offences, by identifying, inter alia, the links between the manufactured product and its source. The system shall include forensic laboratories . Amendment 35 Article 1, paragraph 1 a (new) 1a. "Special analyses" means the measurement of parameters which are not included in routine analyses, by physical or chemical characterisation or any other method such as impurity profiling of synthetic drugs, with the principal aim of finding links between seizures of such drugs and their source. Amendment 34 Article 1, paragraph 2    2. For the purposes of this Decision, “synthetic drugs” means amphetamines, MDMA and other ecstasy analogues ( amphetamine- type stimulants).    2. For the purposes of this Decision, “synthetic drugs” means amphetamines and amphetamine- type stimulants. Amendment 36 Article 3, paragraph 1, point (a)    (a) to perform a special analysis of synthetic drugs of the samples transmitted to them on behalf of all Member States;    (a) to perform a special analysis of synthetic drugs of the samples transmitted to them on behalf of all Member States and to disseminate the results to the relevant parties; Amendment 37 Article 3, paragraph 1, point (b)    (b) to determine whether the samples analysed match with other samples analysed by that laboratory .    (b) to determine whether the samples analysed match with other samples analysed within the European Union-wide system referred to in Article 1. Amendment 38 Article 3, paragraph 2    2. The designated laboratories shall apply the best possible chemical processes for the special analysis and shall keep a record of all samples analysed in order to allow checking to be made as to whether a match exists between samples.    2. The designated laboratories shall apply the best possible chemical processes for the special analysis and shall keep a record of all samples analysed in order to allow checks on whether a match exists between samples. Amendment 39 Article 3, paragraph 2 a (new) 2a. The designated laboratories shall also cooperate with other EU forensic laboratories with a view to developing and improving methods for special analyses of synthetic drugs as well as the exchange of data from such analyses. The main aim of this cooperation shall be to prepare the evaluation referred to in Article 8. Amendment 41 Article 5, paragraph 2    2. Member States shall furthermore take samples of synthetic drugs seized at locations other than production sites and transmit these samples to the designated laboratories in cases where a seizure is of a quantity larger than:    2. Member States shall furthermore take samples of synthetic drugs seized at locations other than production sites and transmit these samples to the designated laboratories in cases where a seizure is of a quantity larger than:    (a) for tablets or doses, 500 ;    (a) for tablets or doses, 250 ;    (b) for liquid, 1000 ml;    (b) for liquid, 500 ml;    (c) for powder or other forms of bulk, 1000 grams.    (c) for powder or other forms of bulk, 500 grams; and in any other case deemed appropriate by the Member State concerned . Amendment 42 Article 5, paragraph 4    4. The taking and subsequent transmission of samples shall take place as soon as possible and can only be refused if taking and/or transmission of samples would mean:    4. The taking and subsequent transmission of samples shall take place without delay and can only be refused if taking and/or transmission of samples would mean:    - harming essential national security interests, or    - harming essential national security interests, or    - jeopardising the success of a current investigation or the safety of individuals,    - seriously jeopardising the success of a current investigation, the successful prosecution of the defendant to whom the seizure pertains, or the safety of individuals,    - involving information pertaining to organisation or specific intelligence activities in the field of State security.    - involving information pertaining to organisation or specific intelligence activities in the field of State security. Amendment 43 Article 5, paragraph 5    5. The transmission of samples shall take place in accordance with Council Decision 2001/.../JHA of ..., on the transmission of samples of illegal narcotic substances. Neither the sending nor the receiving Member State may refuse to fill out the necessary sample transmission form referred to in Article 4 of the aforementioned Decision in cases where a sample is transmitted on the basis of this Article.    5. The transmission of samples shall take place in accordance with Council Decision 2001/.../JHA of ..., on the secure transmission between the designated authorities of the Member States of samples of seized controlled narcotic substances for the purposes of analysis or examination . Neither the sending nor the receiving Member State may refuse to fill out the necessary sample transmission form referred to in Article 4 of the aforementioned Decision in cases where a sample is transmitted on the basis of this Article. Amendment 44 Article 6, paragraph 1    1. The laboratory shall inform the sending Member State as soon as possible of the results of the special analysis and of possible matches with other samples.    1. The designated laboratory shall inform the sending Member State without delay of the results of the special analysis and of possible matches with other samples previously analysed . Amendment 45 Article 7, paragraph 1    1. In accordance with Article 4(4) of the Europol Convention and without prejudice to Article 4(5) thereof, criminal intelligence or investigative data related to a seizure that is to be transmitted in accordance with Article 5 of this Decision for special analysis shall be transmitted to Europol at the same time as the transmission of the sample itself to a designated laboratory.    1. In accordance with Article 4(4) of the Europol Convention and without prejudice to Article 4(5) thereof, information and intelligence related to a seizure that is to be transmitted in accordance with Article 5 of this Decision for special analysis shall be transmitted to Europol at the same time as the transmission of the sample itself to a designated laboratory. Amendment 46 Article 7, paragraph 2    2. In accordance with Article 4(4) of the Europol Convention and without prejudice to Article 4(5) thereof, Europol shall be informed of all matching samples as soon as possible . It shall receive information on the nature of the drugs as well as the origin of the samples giving rise to the match.    2. In accordance with Article 4(4) of the Europol Convention and without prejudice to Article 4(5) thereof, Europol shall be informed of all matching samples without delay . It shall receive information on the nature of the synthetic drugs as well as the origin of the samples giving rise to the match. Amendment 47 Article 7 a (new) Article 7a Exchanging and comparing data It shall be possible to exchange and compare data on tested samples with the relevant designated national authorities in third countries if it is considered that such contacts could help in the prevention, detection, investigation and prosecution of criminal offences related to the illegal production, distribution and sale of synthetic drugs either within or outside the European Union. Amendment 48 Article 8, paragraph 1    1. This Decision shall be subject to evaluation within the Council of the European Union before ...* ____________ * five years after the date on which this Decision takes effect .    1. This Decision shall be subject to evaluation within the Council of the European Union at least two and no more than four years after its entry into force. Amendment 49 Article 8, paragraph 1 a (new) 1a. This Decision shall in any case be revised when forensic science allows the data from special analyses to be exchanged without any loss of forensic quality in the data exchanged. Amendment 50 Article 8, paragraph 2    2. For the purpose of the evaluation, the designated laboratories shall keep a record of all special analyses carried out for a period of at least five years.    2. For the purpose of the evaluation, the designated laboratories shall keep a record of all special analyses carried out for a period of at least ten years. Amendment 51 Annex, first entry Laboratory 1 : MDMA and other ecstasy analogues Laboratory 1 : Amphetamine-type stimulants

European Parliament legislative resolution on the initiative of the Kingdom of Sweden with a view to the adoption of a JHA Council decision establishing a system of special forensic profiling analysis of synthetic drugs (14007/2000 - C5-0737/2000 - 2000/0825(CNS) )

P5_TA(2001)0228 A5-0121/2001

(Consultation procedure)

The European Parliament,

-  having regard to the initiative of the Kingdom of Sweden (14007/2000) (2) ,

-  having regard to Article 34(2)(c) of the EU Treaty,

-  having been consulted by the Council pursuant to Article 39(1) of the EU Treaty (C5-0737/2000 ),

-  having regard to Rules 106 and 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5-0121/2001 ),

1.  Approves the Kingdom of Sweden initiative as amended;

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

3.  Asks to be consulted again if the Council intends to amend the Kingdom of Sweden initiative substantially;

4.  Instructs its President to forward its position to the Council and Commission, and the government of the Kingdom of Sweden.

(1) OJ C 10, 12.1.2001, p. 1. (2) OJ C 10, 12.1.2001, p. 1.

European Parliament resolution on the problem of nuclear safety fifteen years after the Chernobyl accident, and its health consequences

P5_TA(2001)0229 RC-B5-0321/2001

The European Parliament,

-  having regard to its resolution of 18 September 1997 on the closure of the Chernobyl nuclear power plant by 2000 and completion of Khmelnitsky-2 and Rovno-4 nuclear reactors in Ukraine(1) ,

-  having regard to Euratom Directive 96/29 on basic radiation standards,

-  having regard to the Memorandum of Understanding (MOU) concerning the closure of Chernobyl between the G7 countries and the Ukraine, signed in Ottawa on 20 December 1995,

A.  whereas Chernobyl closed on 15 December 2000, 14 years after the explosion at the reactor resulting in the world's worst civil nuclear disaster,

B.  whereas the Ukraine has complied with the MOU and closed Chernobyl, and the G7 and EU have agreed to fund the completion of two further nuclear reactors at Khmelnitsky and Rovno, known as K2R4,

C.  whereas the accident in unit four of the Chernobyl nuclear power station on 26 April 1986 caused the immediate deaths of workers, heavily contaminated the whole region in today's Russia, Ukraine and Belarus and spread nuclear isotopes throughout Europe,

D.  noting that, although one of the most radioactive areas in the world, this region is still inhabited, and that cancers, particularly thyroid cancer, leukaemias and other serious and often fatal illnesses are still occurring there 15 years after the accident,

E.  whereas the accepted model of radiation risk was unable to predict the emergence of the illnesses now arising as a result of radiation,

F.  whereas Belarus alone is thought to have absorbed over 80% of the radioactive dust,

G.  having regard to the 5 years of negotiations between the Ukrainian Government and the G7 Group of industrialised countries and whereas the G7 and EU have agreed to a loan for reform of the Ukraine's energy sector, stabilisation of the Chernobyl sarcophagus and completion of the half-built nuclear reactors Khmelnitsky-2 and Rovno-4, known as "K2R4", as part of a package of energy options for replacing power from Chernobyl,

H.  whereas the commitment of EUR 1 billion by the EU and its Member States will constitute the largest single contribution towards compensating the Ukraine for decommissioning the Chernobyl plant,

I.  whereas the Chernobyl nuclear accident has already caused a considerable number of casualties and will still have disastrous effects on health for years to come, both for those exposed to radiation at the time of the accident and for future generations, and concerned by the fact that the workforce is migrating from contaminated areas to clean ones, creating labour and professional shortages and that the social and economic status of people living and working in the contaminated territories is heavily dependent on state subsidies,

J.  drawing attention to the dependence of the Ukraine on oil and gas supplies from Russia and Central Asia and to the plans to diversify sources of supply, in particular the construction of gas and oil pipelines from Turkmenistan and Kazakhstan,

K.  whereas strong public concern in the European Union remains with respect to the safety of other nuclear power plants in the countries of Central and Eastern Europe, and the lessons of Chernobyl should serve as a constant warning in this regard,

1.  Welcomes unreservedly the closure of Chernobyl;

2.  Stresses once more the absolute need for the Ukraine to have a long-term coherent and sustainable energy policy, in which efficiency and saving measures with tough targets, elimination of losses in energy transmission and distribution and the implementation of proper market mechanisms should be of fundamental importance; considers that the EU, in particular through the TACIS programme, can help the Ukraine to achieve its much-needed objectives in the energy field, namely by making more use of renewable energy sources;

3.  Asks the Commission to ensure that support is given to the construction of oil and gas pipelines from Turkmenistan and Kazakhstan;

4.  Believes that the sarcophagus must be turned into an ecologically safe system; notes the Commission's pledge of EUR 100 m in July 2000 to the Shelter Fund to help rehabilitate the sarcophagus, but further notes that the EBRD-managed project still requires much work to make the damaged unit safe;

5.  Calls on the EU, in close cooperation with the national authorities of the candidate countries, as well as with the other countries concerned, to learn all the lessons from this disaster and give its full support to the precautionary principle, which dictates that it is essential to close and dismantle nuclear power stations at risk in these countries; notes that Commission funding has been used to finance a Business Development Agency, the aim of which is to cushion the social impact of Chernobyl's closure on the local population;

6.  Demands continuous measurement of radioactivity to enable the effects of radiation on soil, air, water, flora and fauna to be assessed scientifically, and hopes that the consumption of food from this region will be strictly prohibited;

7.  Supports all efforts to research the long-term health and environmental impact of the Chernobyl disaster and projects to study, assess and mitigate the consequences of the Chernobyl accident; therefore calls for financial help to be made available to the Ukraine, Belarus and Russia, to enable them to cope with the enormous social and health consequences of the Chernobyl disaster, and stresses that mortality in the region will depend very much on the quality and intensity of the treatment given to the persons affected;

8.  Appreciates, given that the health aspect of Chernobyl is now the crucial question, the fact that the WHO is holding its own conference in June 2001, and that it is not participating with the IAEA in the Chernobyl 15th Anniversary Conference;

9.  Expresses its concern about the massive increase in thyroid cancers, especially in children, in the three countries most affected and about the significant increases in many types of health disorders;

10.  Calls for continued and increased efforts to restore the environment in the most contaminated regions, utilising the information and expertise of the IAEA and other bodies, and urges the G7 and the EU to give more consideration to management of the whole contaminated environment, especially forests and bodies of water, because of the interaction between them and agricultural land;

11.  Based on new scientific evidence suggesting doubts about aspects of the radiation risk model, particularly as regards the effects of the Chernobyl fall-out, requests the Commission to arrange an epidemiological study of the effects of Chernobyl throughout Europe as a whole; also calls on the IAEA and UNSCEAR, as well as the ICRP and Euratom, to re-examine the risk model;

12.  Believes that closer cooperation and dialogue between the Ukrainian Parliament and the European Parliament on energy-related matters is essential;

13.  Instructs its President to forward this resolution to the Council, the Commission, the Presidents and Parliaments of the Ukraine, Belarus and Russia, the Secretary-General of the UN, the IAEA, the WHO, the UNSCEAR and the ICRP.

(1) OJ C 304, 6.10.1997, p. 113.

European Parliament resolution on the Commission communication to the Council and the European Parliament on availability of veterinary medicinal products (COM(2000) 806 - C5-0105/2001 - 2001/2054(COS) )

P5_TA(2001)0230 A5-0119/2001

The European Parliament,

-  having regard to the communication from the Commission (COM(2000) 806 - C5-0105/2001 ),

-  having regard to Council Directive 81/851/EEC of 28 September 1981 on the approximation of the laws of the Member States relating to veterinary medicinal products(1) ,

-  having regard to Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin(2) ,

-  having regard to Commission Decision 2000/68/EC of 22 December 1999 amending Commission Decision 93/623/EEC and establishing the identification of equidae for breeding and production(3) ,

-  having regard to the Note for Guidance of the Committee for Veterinary Medicinal Products (CVMP) of the European Agency for the Evaluation of Medicinal Products on the risk analysis approach for residues of veterinary medicinal products in food of animal origin (EMEA/CVMP/187/00-FINAL),

-  having regard to the formal noting by the Commission at a meeting of the Council on 14 December 1999 (Council ref. 14171/99) that Member States need not withdraw certain drugs pending the adoption of legislative proposals,

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

-  having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5-0119/2001 ),

A.  whereas the crisis on the availability of veterinary medicines has resulted from the withdrawal, since 1 January 2000, of marketing authorisations for all existing veterinary products containing substances for which no maximum residue limits (MRLs) have been established,

B.  whereas the lack of medicines in the veterinary sector has serious consequences for animal health and welfare, with unacceptable situations caused especially by unavailability of local anaesthetics,

C.  whereas many products with a well established use have been withdrawn from the market because the data required to renew their marketing authorisation were not generated and it included such data for the establishment of MRLs,

D.  whereas, due to the existing legal provisions and product specific characteristics, there is a lack of economic interest in carrying out necessary research and development on veterinary medicines for certain species such as sheep and horses, and other, minor species, such as goats, turkeys, rabbits or bees,

E.  whereas the Commission has announced on several occasions that one of its objectives is to improve the level of animal health, in particular by increasing the number of medicinal products available,

F.  whereas the CVMP concluded that specific MRLs for specific target species may not be necessary to ensure the protection of the health of the consumer against possible harmful effects resulting from the ingestion of residues and that MRLs can be extrapolated between species,

G.  whereas analytical methods are already available for those substances on which the MRL extrapolation will be based,

H.  whereas specific measures must be implemented for horses, as the general measures contemplated for the other species cannot address the problem of equine medicines,

I.  whereas Commission Decision 2000/68/EC recognises that treatment of horses may require the administration of medicinal products containing substances without MRLs and the need to provide a control mechanism to protect consumers from possible harmful residues.

1.  Welcomes the objectives of the Commission to facilitate the veterinary use of medicinal products not available in the Member State concerned but authorised elsewhere in the Community and to enhance pharmaceutical firms" interest in certain market segments;

2.  Considers however that the Commission's hopes that applications for the extrapolation of MRLs will be submitted by interested organisations are unlikely to be met;

3.  Considers that there should be systematic extrapolation of MRLs between species;

4.  Urges therefore the Commission to make proposals for its immediate application and in particular for modifying Annexes I, II and III of Council Regulation No 2377/90 in accordance with the CVMP conclusions in its Note for Guidance;

5.  Considers that requiring species-specific analytical methods for the purpose of the MRL extrapolation between species would negate the flexibility offered in the first place and therefore urges the CVMP, the Commission and the Member States only to require the provision of such additional analytical methods at the time of granting specific marketing authorisations;

6.  Considers that the extrapolation of MRLs will help to maintain many products intended for minor species without compromising consumer protection, but will not solve the problem of equine medicines, as many of the medicinal products used in equine medicine contain substances with no MRL in any species at all;

7.  Urges therefore the Commission to submit without delay proposals to amend Council Directive 81/851/EEC and Council Regulation (EEC) No 2377/90 to allow in horses the veterinary use of medicinal products containing substances without MRLs, without prejudice to the need to protect human health;

8.  Calls on Member States to cooperate on the establishment of a pan-European licensing system that will allow, in the near future, on the basis of mutual trust, any national market authorisation to be valid throughout the European Union;

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

(1) OJ L 317, 6.11.1981, p. 1. (2) OJ L 224, 18.8.1990, p. 1. (3) OJ L 23, 28.1.2000, p. 72.

European Parliament resolution on the annual assessment of the implementation of stability and convergence programmes (2001/2009(INI))

P5_TA(2001)0231 A5-0127/2001

The European Parliament,

-  having regard to the annual updates of the stability and convergence programmes drawn up by 14 Member States between September 2000 and January 2001 as well as the opinions of the ECOFIN Councils of 26 November 2000, 19 January 2001, 12 February 2001, and 12 March 2001 on these programmes,

-  having regard to the first stability programme of Greece, as well as the opinion of the ECOFIN Council of 12 February 2001 on this programme,

-  having regard to the recommendation adopted by the ECOFIN Council of 12 February 2001 in accordance with Article 99 (4) of the EC Treaty and addressed to Ireland with respect to the inconsistency of its stability programme with the Broad Economic Policy Guidelines of 19 June 2000,

-  having regard to the European Council resolution on the Stability and Growth Pact of 17 June 1997(1) , Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies(2) , and the code of conduct on the content and format of the stability and convergence programmes adopted by the ECOFIN Council of 12 October 1998,

-  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(3) ,

-  having regard to the Presidency Conclusions of the European Council adopted in Lisbon on 24 March 2000,

-  having regard to Rule 163 of its Rules of Procedure,

-  having regard to the Report of the Committee on Economic and Monetary Affairs (A5-0127/2001 ),

A.  whereas the stability and convergence programmes form a key part of the Community surveillance procedure within the context of European economic coordination, which aims to ensure that Member State fiscal policies observe the principle of budgetary prudence on a lasting basis, with a view to laying firm foundations for price stability, sustainable growth and full employment,

B.  whereas the Stability and Growth Pact defines a medium-term objective of achieving a fiscal position that is balanced or in surplus and whereas only ten Member States meet this requirement; whereas government debt is still unacceptably high in some Member States and whereas its rapid reduction is dependent upon relatively optimistic scenarios in the stability and convergence programmes,

C.  whereas the increase of government revenues and the achievement of healthy primary budget surpluses can be soundly achieved only on the basis of sustained satisfactory growth of the total economy,

D.  whereas the rate of growth achieved in the European Union in the year 2000 was a satisfactory 3.3% compared with 2.5% in 1999, whereas forecasts for a similar rate of growth in 2001 have recently been revised downwards by international institutions owing to factors such as the rise in oil prices, the problems in the agricultural sector, and the recent slowdown of the American economy with the subsequent uncertainties surrounding it,

E.  whereas it is welcome that the unemployment rate in the European Union was 8% in January 2001 compared with 9.6% in January 1999, which constitutes some progress, but further significant steps are required to reduce unemployment, as unemployment remains unacceptably high,

F.  whereas annual inflation in the European Union was 2.2% in January 2001 compared with 1.8% in January 2000, i.e. above the ECB's 2% ceiling, whereas most of this increase can be attributed to the effects of the rise in oil prices and the depreciation of the Euro and whereas wage moderation and fiscal prudence are, by and large, contributing to maintaining a low level of inflation,

G.  whereas the first stability programme was submitted on 11 September 2000, and the last Council Opinions were adopted on 12 March 2001, whereas such a lengthy procedure is unhelpful for a serious comparative examination of the programmes,

H.  whereas the European Council in Lisbon on 24 March 2000 set the strategic goal of Europe acquiring the most competitive and dynamic knowledge-based economy capable of sustainable economic growth with more and better jobs and greater social cohesion,

I.  whereas an average rate of growth of 3% sustained over most of the decade has been set as an intermediate target in order to achieve of the Lisbon strategic goal; whereas the actual share of investment in European GDP is still considerably below the levels estimated as necessary for such a sustained growth path,

J.  whereas the achievement of a knowledge-based economy presupposes the development of highly-efficient high-speed networks of information and increases in Research and Development and lifelong education and training, and whereas such efforts require the mobilisation of both public and private investment,

K.  whereas encouraging investment lies at the root of all successful growth efforts, whereas public finances, structural reforms and a balanced process of liberalisation are capable of making a decisive contribution to all aspects of the development effort proclaimed by the Lisbon European Council,

1.  Welcomes the efforts made so far to combine increases in public revenues together with adequate controls of public spending thus achieving significant primary budget surpluses, and asks for similar efforts to continue in the future;

2.  Endorses the practice of allocating one-off increases of revenue to the reduction of public debt rather than seeking their inclusion in the current balance;

3.  Recommends that tax cuts be combined as much as possible with the laying down of wage policies suitable to the maintaining of wage moderation and harmony between the social partners;

4.  Approves of public borrowing, within the framework of the Stability and Growth Pact, to the extent that it is used for public investment;

5.  Approves of structural changes intended to increase flexibility and competitiveness in all factor, product and labour markets, calls for structural reform to continue speedily and considers that the stability and convergence programmes can and should be used by Member States as valuable instruments for benchmarking and best practice; underlines in this context the importance of further ensuring access to universal services and further development of services of general interest;

6.  Recommends the creation, where possible, of special funds intended to cushion demographic shocks to the public pensions system; insists that the demographic challenges be assessed and recognised in the stability and convergence programmes, and also taken into account in the “Lisbon strategy”;

7.  Approves of the switch of increased funds towards public investment, especially in such areas as education and training, life-long learning, research, information and frontier technologies, etc., where there has been past neglect and where there is potential for investment in human resources;

8.  Considers that both private and public investments are needed to achieve high ambitions for the Trans-European technology, telecommunication and transportation networks, to support the strategic goal of Europe becoming home to the most competitive and dynamic knowledge-based economy in the first decade of the 21st Century;

9.  Warmly welcomes Greece's first stability programme, and calls upon Greece to continue the efforts it has made towards public sector reforms, budgetary discipline and debt reduction;

10.  Condemns the Commission's continued failure to make available to the appropriate committee in Parliament the detailed technical evaluations it makes of each programme in preparation of the Council's deliberations, together with its detailed macro-economic forecasts prepared for the same discussions;

11.  Reiterates its call for a more harmonised timetabling of submission of the programmes by the Member States in order to improve comparability; calls furthermore in this context for a full and timely involvement of the European Parliament;

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

(1) OJ C 236, 2.8.1997, p. 1. (2) OJ L 209, 2.8.1997, p. 1. (3) OJ C 59, 23.02.2001, p. 228.

European Parliament resolution on the Next Generation Internet: the need for an EU research initiative (2000/2102(INI))

P5_TA(2001)0232 A5-0116/2001

The European Parliament,

-  having regard to Decision No 182/1999/EC of the European Parliament and of the Council of 22 December 1998 concerning the fifth framework programme of the European Community for research, technological development and demonstration activities (1998 to 2002)(1) ,

-  having regard to its resolution of 18 May 2000(2) on the communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions "Towards a European Research Area" (COM(2000) 6 - C5-0115/2000 - 2000/2075(COS) ),

-  having regard to the conclusions of the Feira European Council meeting of 19 and 20 June 2000, (SN 200/1/2000),

-  having regard to its resolution of 16 March 2000(3) on the Commission communication on “eEurope - An Information Society For All: a Commission Initiative for the Special European Council of Lisbon, 23 and 24 March 2000” (COM(1999) 687 - C5-0063/2000 - 2000/2034(COS) ),

-  having regard to Rule 163 of its Rules of Procedure,

-  having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0116/2001 ),

A.  whereas the strategic importance of Internet development to the European economy and society, and the potential need for the EU to play a stronger role in developing the base technologies to support the next generation of Internet evolution, is widely acknowledged,

B.  whereas Internet development is important for the countries currently preparing for accession,

C.  whereas there is a very strong need for Europe to accelerate the development of its electronic communication infrastructure, and to expand the use of mobile, as well as fixed, Internet-based applications throughout the public and private sectors,

D.  whereas there is a great need to enhance the creation of interoperable infrastructures for m-commerce, where "m” stands for multimodality, addressing the use of various communications channels and multiple types of access devices to the networks, both for businesses and individuals,

E.   whereas the Commission is now considering its allocation for IST in its proposal for the sixth framework programme for research,

F.  whereas all areas of electronic communication technology and applications, including those that might operate outside the public "Internet” should be evaluated, taking into account the future segmentation of the market and the expansion of dedicated communication networks, alongside the public network infrastructure,

G.  whereas the EU should focus attention on medium and long-term technology scenarios, and consider the potential areas where "pre-competitive” research would be desirable from the perspective of public interest and the EU's competitive position,

H.  whereas in such a fast moving area it should be noted that the majority of the research will be funded by the marketplace, although there is scope for public investment (particularly in partnership with industry) for areas of technological risk and uncertainty,

I.  whereas public sector research should be supported because they address distinctive public interest issues, which may not be covered by commercial funding or where the independent perspective of a public body is desirable,

1.  Calls on the Commission and the Member States to give an EU research initiative on the next-generation Internet and new communications infrastructure (and associated electronic communications) a high priority in the sixth framework research strategy;

2.  Emphasises that EU and Member State resources should focus on "pre-competitive” projects, with the objective of ensuring a powerful EU presence in the global development of next generation internet and new communications infrastructure, reinforcing the EU's role in Internet governance, especially on technical matters;

3.  Emphasises the importance of the support the Union has a duty to give developing countries so that they are better represented in the body that manages the Internet and in order to combat the digital divide;

4.  Supports strongly the strategy for encouraging 'Centres of Excellence' in the Commissions' proposals for a European Research Area, as already set out in its resolution of 15 February 2001 on the communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions - Making a reality of the European Research Area: Guidelines for EU research activities (2002-2006) (COM(2000) 612 - C5-0738/2000 - 2000/2334(COS) )(4) ; considers that Electronic Communications must become one of these 'Centres';

5.  Commends the Commission on its existing strategy for developing broadband infrastructure capability, but notes that robust research plans are needed to exploit this capability. Such initiatives may include:

6.  Emphasises the Commission's task of overseeing the rapid creation of a superfast trans-European research network with a capacity of 100 gigabits/second, without which it will not be possible for a competitive, dynamic and knowledge-based economy to become a reality; calls on the Commission to be more ambitious when implementing the Géant project;

7.  Reaffirms that all EU research initiatives on the next generation Internet and new communications infrastructure must complement, not substitute for, market-driven research; supports the concept of partnership research ventures with the private sector, where appropriate, but stresses that the sector is evolving so fast that great care must be taken to ensure measures are technology-neutral;

8.  Notes that technical and scientific activities should be coordinated with the broader political and social issues encompassed in the eEurope strategy, backed by research where appropriate;

9.  Considers that the following key areas of the Internet's evolution should be factored, inter alia, into any research strategy:

10.  Urges the EU to promote research and coordinated development efforts, inter alia, within the following areas of exploitation of electronic communications infrastructure with high capacity, always-on connections and high mobility:

11.  Stresses that e-participation and e-accessibility must be paramount in the research and development initiatives that are to make the Internet accessible to all; considers that international cooperation to provide standards and guidelines for easy access for those with special needs, such as the disabled and elderly, should be developed (WAI - Web Accessibility Initiative);

12.  Notes that a key issue for the future evolution of the Internet, which must continue to be, addressed by EU research initiatives, is data and system security, especially resistance to malicious attack;

13.  Urges the EU to promote research into the following areas:

14.  Notes the importance of developing technologies that will facilitate the expansion of wireless commerce, and therefore supports research into the following areas:

15.  Urges that research into the development of alternative web-browsers be promoted;

16.  Notes that enhanced backbone networks give the potential to stream a large number of Real Time Digital TV services, both public and private;

17.  Recognises that the potential to stream broadcasts to fixed and mobile Internet users offers high potential for EU technology leadership;

18.  Believes that transmission selection and charging systems must be considered a high priority for pre-competitive research and development;

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

(1) OJ L 26, 1.2.1999, p. 1. (2) OJ C 59, 23.2.2001, p. 250. (3) OJ C 377, 29.12.2000, p. 380. (4) Texts Adopted, Item 12.