European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds (COM(2000) 774 - C5-0752/2000 - 2000/0306(AVC) )

P5_TA(2001)0331 A5-0164/2001

(Assent procedure)

The European Parliament,

-  having regard to the proposal for a Council Regulation (COM(2000) 774 )(1) ,

-  having regard to the Council's request for Parliament's assent pursuant to Article 161(1) of the EC Treaty (C5-0752/2000 ),

-  having regard to Rule 86(1) of its Rules of Procedure,

-  having regard to the recommendation of the Committee on Regional Policy, Transport and Tourism and the opinion of the Committee on Agriculture and Rural Development (A5-0164/2001 ),

1.  Gives its assent to the proposal for a Council Regulation;

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

(1) OJ C 96 E, 27.3.2001, p. 272.

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on the organisation of the working time of persons whose occupation is the performance of mobile road-transport activities (5919/1/2001 - C5-0134/2001 - 1998/0319(COD) )

P5_TA(2001)0332 A5-0196/2001

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (5919/1/2001 - C5-0134/2001 )(1) ,

-  having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(1998)662 )(3) ,

-  having regard to the amended proposal (COM(2000) 754 (4) ,

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

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

-  having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A5-0196/2001 ),

1.  Amends the common position as follows;

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

Council common position   Amendments by Parliament Amendment 1 Title Directive 2001/..../EC of the European Parliament and of the Council on the organisation of working time of persons whose occupation is the performance of mobile road-transport activities Directive 2001/..../EC of the European Parliament and of the Council concerning the organisation of working time for mobile workers performing road-transport activities and for self-employed drivers Amendment 2 Recital 8    (8) As self-employed drivers are included within the scope of Regulation (EEC) No 3820/85 but excluded from that of Directive 93/104/EC, they should be excluded temporarily from the scope of this Directive on the understanding that the Commission will assess the consequences of that temporary exclusion .    (8) As self-employed drivers are included within the scope of Regulation (EEC) No 3820/85 but excluded from that of Directive 93/104/EC, they should be excluded temporarily from the scope of this Directive. Amendment 3 Recital 14    (14) The provisions of Regulation (EEC) No 3820/85 on driving time in international and national passenger transport, other than regular services, should continue to apply. The working time of drivers carrying out such transport may therefore, subject to certain conditions, exceed the maximum weekly average laid down in this Directive for goods transport and for regular passenger transport services.    (14) The provisions of Regulation (EEC) No 3820/85 on driving time in international and national passenger transport, other than regular services, should continue to apply until such time as the Regulation is revised with a view to including a definition of working time compatible with this Directive. Amendment 4 Article 2, paragraph 1    1. This Directive shall apply to mobile workers employed by undertakings established in a Member State, participating in road-transport activities covered by Regulation (EEC) No 3820/85 or, failing that, by the AETR Agreement.    1. This Directive shall apply to mobile workers employed by undertakings established in a Member State, participating in road-transport activities covered by Regulation (EEC) No 3820/85 or, failing that, by the AETR Agreement and to self-employed drivers established in a Member State . By ……….*, the Commission shall submit an assessment of the consequences of the temporary exclusion of self-employed drivers to the European Parliament and to the Council. The assessment shall analyse in particular the effects of the exclusion of self-employed drivers on road safety, on conditions of competition, on the structure of the profession and on social aspects. Depending on the outcome of that analysis, the Commission will propose if appropriate conditions under which this Directive will apply to self-employed drivers, the definition of which will have to be made clear, at the latest on .......... ** . _______________ * Five years after the entry into force of this Directive. ** Six years after the entry into force of this Directive. This Directive shall not, however, apply to self-employed drivers until three years after the deadline for transposition of the Directive by Member States fixed by Article 14. Amendment 5 Article 2, paragraph 4 a (new) 4a. The Commission shall present no later than one year after this Directive enters into force a proposal for revision of Regulation (EEC) No 3820/85 which will broaden the scope of the Regulation to include a definition of working time compatible with this Directive and ensure that the Regulation applies to all mobile workers performing road-transport activities employed by undertakings established in a Member State and to self-employed drivers. Amendment 6 Article 3, point (a)    (a) "working time" shall mean the time from the beginning to the end of work, during which the mobile worker is at his workstation, at the disposal of the employer and exercising his functions or activities, that is to say:    - the time devoted to all road transport activities. These activities are in particular, the following : driving, loading and unloading, assisting passengers boarding and disembarking from the vehicle , cleaning and technical maintenance as well as all other work intended to ensure the safety of the vehicle, its cargo and passengers;    (a) "working time" shall mean:    - in the case of self-employed drivers: stand-by duty and the time during which the following activities are carried out:    (i) driving;    (ii) loading and unloading;    (iii) checking or supervising passengers boarding and disembarking ;    (iv) cleaning and technical maintenance as well as all other work intended to ensure the safety of the vehicle, its cargo and passengers;    (v) inspection of the vehicle and monitoring of loading and unloading;    (vi) administrative formalities with police, customs, immigration officers, etc;    (vii) cooperation with police, customs or immigration officers for checks required by the law;    - in the case of mobile workers: the time from the beginning to the end of work, that is all activities or standby duty, excluding breaks. Activities include, in particular:    (i) driving;    (ii) loading and unloading; ( iii) checking or supervising passengers boarding and disembarking;    (iv) cleaning and technical maintenance as well as all other work intended to ensure the safety of the vehicle, its cargo and passengers;    (v) inspection of the vehicle and monitoring of loading and unloading;    (vi) administrative formalities with police, customs, immigration officers, etc.    (vii) administrative work;    - the times during which the mobile worker is required to remain at his workstation, ready to take up work, and cannot, on the instructions of his employer, dispose freely of his time, in particular during periods awaiting loading or unloading, where their foreseeable duration is not known in advance, that is to say either before departure or just before the actual start of the period in question, or under the general conditions negotiated between the social partners and/or under the terms of the legislation of the Member States.    - "stand-by duty" shall mean the times during which the mobile worker is required to remain at his workstation, ready to take up work where appropriate on his own initiative, and generally with certain tasks associated with being on duty; The break times referred to in Article 5, the rest times referred to in Article 6 and, without prejudice to the legislation of Member States or agreements between the social partners providing that such periods should be compensated or limited, the periods of availability referred to in (b) of this Article, shall be excluded from working time; The break times referred to in Article 5, the rest times referred to in Article 6 and, without prejudice to the legislation of Member States or agreements between the social partners providing that such periods should be compensated or limited, the periods of availability referred to in (b) of this Article, shall be excluded from working time; Amendment 9 Article 3, point (c), indent 1    - the location of the undertaking for which the mobile worker carries out duties,    - the location of the undertaking for which the mobile worker carries out duties, together with its various branch departments or offices, regardless of whether they are located in the same place as its head office or main place of business, Amendment 10 Article 3, point (e)    (e) "self-employed driver" shall mean anyone whose main occupation is to carry passengers or goods by road at a customer's request;    (e) "self-employed driver" shall mean the head of a commercial entity, owner of a professional certificate where appropriate, who has the freedom to work on his own account, does not work directly for an undertaking or employer, is at liberty to choose which freight he carries, has commercial relations with several customers, can negotiate prices and his own fees, can schedule his working hours freely and is the owner of one or more vehicles. Those who do not meet these criteria are subject to the same rights and obligations under this Directive as employees. Amendment 11 Article 3, point (g)    (g) "night time" shall mean a period of at least four hours, as defined by national law, between 00.00 hours and 07.00 hours;    (g) "night time" shall mean a period of at least seven hours, as defined by national law, and in any case encompassing the period between 00.00 hours and 5.00 hours; Amendment 12 Article 3, point (h a ) (new)    (ha) "night worker" shall mean any mobile worker or self-employed driver who performs at least 48 days of his annual working time during night time. Amendment 13 Article 5, paragraph 1    1. Member States shall take the measures necessary to ensure that, without prejudice to the level of protection provided by Regulation (EEC) No 3820/85 or, failing that, by the AETR Agreement, mobile workers in no circumstances work for more than six consecutive hours without a break. Working time shall be interrupted by a break of at least thirty minutes, if working hours total between six and nine hours, and of at least forty-five minutes, if working hours total more than nine hours.    1. Member States shall take the measures necessary to ensure that, without prejudice to the level of protection provided by Regulation (EEC) No 3820/85 or, failing that, by the AETR Agreement, mobile workers and self-employed drivers in no circumstances work for more than six consecutive hours without a break. Working time shall be interrupted by a break of at least thirty minutes, if working hours total between six and nine hours, and of at least forty-five minutes, if working hours total more than nine hours. Amendment 14 Article 7, paragraph 1, indent 1    - if night work is performed, the daily working time does not exceed ten hours in each twenty-four-hour period,    - if night work is performed, the daily working time does not exceed eight hours in each twenty-four-hour period. It may be extended to ten hours only if an average of eight hours a day is not exceeded within a reference period to be determined after consultation of the social partners or in collective agreements or agreements between the social partners. For periods in which night workers are not requested to perform night work, Article 4 shall apply; Amendment 15 Article 8, paragraph 1    1. Derogations from Articles 4 and 7 may be adopted by means of laws, regulations or administrative provisions or by means of collective agreements or agreements between the two sides of industry , provided that the persons concerned are afforded equivalent periods of compensatory rest.    1. Derogations from Article 4 may be adopted by means of collective agreements, provided that the persons concerned are afforded equivalent periods of compensatory rest. Amendment 16 Article 9, point (b)    (b) the working time of mobile workers is recorded. Records shall be preserved for at least one year after the end of the period covered. Employers shall be responsible for recording the working time of mobile workers. Employers shall upon request provide mobile workers with copies of the records of hours worked.    (b) the working time of mobile workers is recorded. Records shall be kept for at least two years after the end of the period covered. Employers shall be responsible for recording the working time of mobile workers. Employers shall upon request provide mobile workers with copies of the records of hours worked. Amendment 17 Article 9, point (b a) (new)    (ba) self-employed drivers maintain a record of their working time; these records shall be kept for at least two years; Member States shall carry out controls on working and driving times equivalent to at least 2% of all the working days in this sector; the most important instrument for such controls is the digital tachograph. Amendment 18 Article 10 This Directive shall not affect Member States" right to apply or introduce laws, regulations or administrative provisions more favourable to the protection of the health and safety of mobile workers or their right to facilitate or permit the application of collective agreements or other agreements concluded between the two sides of industry which are more favourable to the protection of the health and safety of mobile workers. This Directive shall not affect Member States" right to apply or introduce laws, regulations or administrative provisions more favourable to the protection of the health and safety of mobile workers or self-employed drivers, or their right to facilitate or permit the application of collective agreements or other agreements concluded between the two sides of industry which are more favourable to the protection of the health and safety of mobile workers. Implementation of this Directive shall not constitute valid grounds for reducing the general level of protection afforded to workers. Amendment 19 Article 11 Member States shall lay down a system of penalties for breaches of the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that these penalties are applied. The penalties thus provided for shall be effective, proportional and dissuasive. Member States shall lay down a common range of penalties for breaches of the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that these penalties are applied. The penalties thus provided for shall be effective, proportional and dissuasive. Member States shall notify these provisions to the Commission by the date mentioned in Article 14 at the latest, and any subsequent amendment thereto in good time. Amendment 20 Article 14, paragraph 1, footnote * Three years after the entry into force of this Directive. * Two years after the entry into force of this Directive. Amendment 21 Article 14, paragraph 2    2. Without prejudice to the right of Member States to develop, in the light of changing circumstances, different legislative, regulatory or contractual provisions in the field of working time, as long as the minimum requirements provided for in this Directive are complied with, implementation of this Directive shall not constitute valid grounds for reducing the general level of protection afforded to the persons referred to in Article 2(1). Deleted Amendment 22 Article 14, paragraph 3 a (new) 3a. Member States shall take the necessary steps to ensure that the relationships between shippers, freight forwarders, prime contractors and sub-contractors are regulated through the adoption of obligatory contracts allowing the verification of compliance with this Directive.

(1) OJ C 142, 15.5.2001, p. 24. (2) OJ C 219, 30.7.1999, p. 235. (3) OJ C 43, 17.2.1999, p. 4. (4) OJ C 120 E, 24.4.2001, p. 284.

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive amending Council Directive 89/655/EEC concerning the minimum safety and health requirements for the use of work equipment by workers at work (2nd individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC ) (5766/2/2001 - C5-0135/2001 - 1998/0327(COD) )

P5_TA(2001)0333 A5-0156/2001

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (5766/2/2001 - C5-0135/2001 ),

-  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1998) 678 )(2) ,

-  having regard to the Commission's amended proposal (COM(2000) 648 )(3) ,

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

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

-  having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A5-0156/2001 ),

1.  Approves the common position;

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

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

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

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

(1) Texts Adopted of 21.9.2000, Item 8. (2) OJ C 247 E, 31.8.1999, p. 23. (3) OJ C 62 E, 27.2.2001, p. 113.

Proposal for a European Parliament and Council directive establishing a Community monitoring, control and information system for maritime traffic (COM(2000) 802 - C5-0700/2000 - 2000/0325(COD) )

P5_TA(2001)0334 A5-0208/2001

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament Amendment 1 Recital 7 a (new) (7a) Having a transponder and a voyage data recorder (black box) on board is not in itself enough to prevent accidents; the level of training and competence of the crew is equally important. Member States must ensure therefore that there are enough shore staff, particularly in vessel traffic services, coastal stations and rescue services, and that they are properly trained; Amendment 2 Recital 8    (8) Accurate knowledge of dangerous or polluting goods being carried on board ships is essential to the preparation and effectiveness of operations to tackle pollution or the risk of pollution at sea. Ships leaving or bound for Member States must notify this information to the competent authorities or port authorities of those Member States. Ships not calling at a port located in the Community must provide the reporting systems operated by the coastal authorities of the Member States with information on the quantity and type of dangerous goods they are carrying.    (8) Accurate knowledge of dangerous or polluting goods being carried on board ships and of the standard of safety of ships themselves is essential to the preparation and effectiveness of operations to tackle pollution or the risk of pollution at sea. Ships leaving or bound for Member States must notify this information to the competent authorities or port authorities of those Member States. Ships not calling at a port located in the Community must provide the reporting systems operated by the coastal authorities of the Member States with information on the quantity and type of dangerous goods they are carrying and on the standard of safety of the ships themselves . Amendment 3 Recital 11    (11) Where a Member State considers that exceptionally poor weather and sea conditions are creating a serious threat for the environment, it stops all ships carrying dangerous or polluting goods from leaving port until the situation returns to normal. Within the framework of its power of discretion, the Member State must consider such conditions to have been reached if a force of 10 or more on the Beaufort scale and corresponding sea conditions have been noted in the area concerned.    (11) Where the competent authorities designated by the Member States consider that exceptionally poor weather and sea conditions are creating a serious threat for the environment, or endangering the life and safety of the crew and passengers they must inform the master of a ship which intends to enter or leave port of the situation and give suitable recommendations. The master must indicate whether or not he intends to follow the recommendation given and state the reasons for his decision. The competent authorities designated by the Member States retain the right where weather conditions are exceptionally poor and taking account of the specific situation in the port concerned to suspend the departure or entry of ships in a port until weather conditions are back to normal. Member States must also ensure that vessels encountering adverse weather conditions off their coasts, and as a result finding themselves in difficulties, are guaranteed appropriate assistance from sea-going tugs. Amendment 4 Recital 12 a (new) (12a) Considering the vulnerability of the Baltic Sea and the increased maritime activity to be envisaged, the EU should make a request to the IMO to declare the Gulf of Finland and probably other zones of the Baltic Sea part of a compulsory reporting system approved by the IMO. Amendment 5 Recital 13    (13) Member States need to guard against the threats to maritime safety, local communities and the environment created by certain situations at sea and by the presence of polluting slicks or packages floating at sea. To this end, masters of ships must report such occurrences to the coastal authorities, supplying all appropriate information.    (13) Member States need to guard against the threats to maritime safety, local communities and the marine and coastal environment that may result from certain situations at sea and from the presence of polluting slicks or packages floating at sea. To this end, masters of ships must report such occurrences to the coastal authorities, supplying all appropriate information. Amendment 6 Recital 15    (15) Non-availability of a port of refuge may have serious consequences in the event of an accident at sea. Member States ought therefore to draw up plans whereby ships in distress may, if the situation so requires, be given refuge in their ports in the best conditions possible.    (15) Non-availability of a port of refuge, a protected zone or place of anchorage may have serious consequences in the event of an accident at sea. Member States ought therefore to draw up plans whereby ships in distress may, if the situation so requires, be given refuge in their ports or any protected place along the coast in the best conditions possible. A Member State or a port which accommodates a ship in distress must be able to count on prompt compensation for the cost and potential damage arising from this operation. Amendment 7 Recital 19    (19) Certain provisions of this Directive may be amended by that procedure so as to take account of changes to international instruments and of experience gained in implementing this Directive.    (19) Taking account of the development of international instruments and experience of implementation of this Directive, it may be necessary to amend certain provisions of this Directive. Such amendments shall be proposed following a detailed study of the implementation of this Directive. Amendment 8 Article 2, point (c)    (c) ships" stores and equipment for use on board ships.    (c) bunker fuel for ships capable of carrying less than 5000 tonnes of bunker fuel, ships" stores and equipment for use on board ships. Amendment 9 Article 6, paragraph 1    1. Ships entering the area of competence of a vessel traffic service, or ships" routing system approved by the IMO, placed under the responsibility of a Member State, must, in accordance with the applicable rules and procedures, use the services provided, where such exist, and comply with the measures applicable in the area and with any instructions they receive. Only in maritime areas located within the territorial waters of the Member State concerned may participation in a vessel traffic service be made compulsory for ships flying the flag of a third country.    1. Ships entering the area of competence of a vessel traffic service, or ships" routing system approved by the IMO, placed under the responsibility of a Member State, must, in accordance with the applicable rules and procedures, use the services provided, where such exist, and comply with the measures applicable in the area and with any instructions they receive. In areas outside the territorial waters of the Community participation in a vessel traffic service shall be compulsory for all ships flying the flag of a Member State and all ships calling at Community ports. Amendment 10 Article 7, paragraph 2    2. Member States shall see that they furnish themselves, on a timescale compatible with the timetable set out in Annex II-1, with appropriate equipment and shore-based installations for receiving and utilising the information referred to in paragraph 1.    2. Member States shall see that they furnish themselves, on a timescale compatible with the timetable set out in Annex II-1, with appropriate equipment and shore-based installations for receiving and utilising the information referred to in paragraph 1, and for relaying it to and exchanging it between the coastal stations and port authorities of the various Member States. Amendment 11 Article 8, paragraph 2 The voyage data recorder must be able to store, in a secure and retrievable form, and make available to the Member State involved in an enquiry following a maritime accident, relevant information concerning the position, movement, physical status, and command and control of the ship concerned. The voyage data recorder must be able to store, in a secure and retrievable form, relevant information concerning the position, movement, physical status, and command and control of the ship concerned. These data shall be made available to the Member State concerned in the event of an inquiry following a maritime accident within Community waters, or shall be used preventively to learn the necessary lessons from near misses. Amendment 12 Article 10, paragraph 2    2. The operator, agent or master of a ship carrying dangerous or polluting goods coming from a port located outside the Community and bound for a port located in the Community or an anchorage located in a Member State's territorial waters shall, at the latest upon departure from the loading port or as soon as the port of destination is known, if this information is unavailable at the moment of departure, notify the information indicated in Annex III to the competent authority of the Member State in which the first port of destination or anchorage is located.    2. The operator, agent or master of a ship carrying dangerous or polluting goods coming from a port located outside the Community and bound for a port located in the Community or an anchorage located in a Member State's territorial waters shall, at the latest upon departure from the loading port or as soon as the port of destination or the need for an anchorage is known, if this information is unavailable at the moment of departure, notify the information indicated in Annex III to the competent authority of the Member State in which the first port of destination or anchorage is located. Amendment 13 Article 10, paragraph 5    5. Ships carrying dangerous or polluting goods in transit through the territorial waters or exclusive economic zones of Member States and neither leaving nor bound for a Community port shall notify coastal stations operating a mandatory reporting system as referred to in Article 5(1) of the quantity and IMO class of dangerous goods they are carrying.    5. Ships carrying dangerous or polluting goods in transit through the territorial waters or exclusive economic zone of a Member State or in the open sea off its coast and neither leaving nor bound for a Community port shall notify coastal stations operating a mandatory reporting system as referred to in Article 5(1) of the quantity and IMO class of dangerous goods they are carrying. Amendment 14 Article 14, paragraph 2    2. The report message sent in application of paragraph 1 must include at least the ship's identity, its position, the port of departure, the port of destination, the address from which information may be obtained on the cargo where appropriate , the number of persons aboard, details of the incident and any relevant information referred to in IMO Resolution A.851(20).    2. The report message sent in application of paragraph 1 must include at least the ship's identity, its position, the port of departure, the port of destination, the address from which information may be obtained on the cargo, the number of persons aboard, details of the incident and any relevant information referred to in IMO Resolution A.851(20). Amendment 15 Article 15 Where a Member State considers, in the event of exceptionally bad weather and sea conditions, that there is a serious threat of pollution of its shipping areas or coastal zones, or the shipping areas or coastal zones of other Member States, it must, using any appropriate administrative measures, prohibit ships liable to create such a threat from leaving ports located in the area or zone in question.    1. Where the competent authorities designated by the Member States consider, in the event of exceptionally poor weather and sea conditions, that there is a serious threat of pollution of their shipping areas or coastal zones of other Member States, or that the safety and life of the crew and passengers are in danger, they must: The ban on departure shall be lifted once it has been established that the ship may leave the port without posing a serious threat within the meaning of paragraph 1.    - fully inform the master of a ship which is in the port area concerned and intends to enter or leave a port about weather conditions and the danger they may present to his ship, the cargo, the crew and the passengers, taking account of the type of ship, its cargo, the ship's berth and the infrastructure of the port concerned, and give recommendations to the master of the ship on whether or not to enter or leave the port. The master must show that he has received the recommendations of the port authorities before deciding on whether or not to leave or enter the port in the area concerned and must inform the port authorities of his decision, stating the reasons for it;    - provide the necessary resources and infrastructure for assisting ships in distress and more particularly ensure that powerful sea-going tugs are permanently available near major shipping channels, and are on standby when the weather is bad;    - take appropriate measures to limit as much as possible or, if necessary, prohibit high-risk manoeuvres such as the bunkering of ships in their coastal waters.    2. Paragraph 1 shall be without prejudice to the right of the competent authorities designated by the Member States, in the event of exceptionally poor weather and sea conditions and taking account of the specific situation of the port concerned, to ban ships from entering or leaving port.    3. For the purpose of determining whether exceptionally poor weather and sea conditions are prevailing in the area concerned, the port authorities shall refer to the weather reports and forecasts issued by the official meteorological service of the Member State concerned. Amendment 16 Article 16, paragraph 1, subparagraph 1    1. In the event of incidents or accidents at sea as referred to in Article 14, Member States shall take all appropriate measures, consistent with international law, to ensure the safety of shipping and of persons and to protect the marine environment.    1. In the event of incidents or accidents at sea as referred to in Article 14, Member States shall take all appropriate measures, consistent with international law, to ensure the safety of shipping and of persons and to protect the marine and coastal environment. Amendment 17 Article 16, paragraph 2    2. The operator, the master of the ship and, where appropriate, the owner of the cargo must cooperate fully with the competent national authorities, at the latter's request, with a view to minimising the consequences of an incident or accident at sea.    2. The operator, the master of the ship and the owner of the cargo must cooperate fully with the competent national authorities, at the latter's request, with a view to minimising the consequences of an incident or accident at sea. Amendments 18 and 19 Article 17 Ports of refuge Measures to assist ships in distress Member States shall make the necessary arrangements to ensure that ports are available on their territory which are capable of accommodating ships in distress. To this end, having consulted the parties concerned, they shall draw up plans specifying, for each port concerned, the features of the area, the installations available, the operational and environmental constraints and the procedures linked to their possible use to accommodate ships in distress.    1. Member States shall make the necessary arrangements to ensure that enough specified ports of refuge and anchorages are available on their territory which are capable of accommodating ships in distress. To this end, having consulted the parties concerned, they shall draw up plans specifying, for each port and anchorage concerned, the features of the area, the installations available, the operational and environmental constraints and the procedures linked to their possible use to accommodate ships in distress. Member States shall undertake to equip these ports of refuge with tugs and ship repair infrastructures (dry docking, etc). Plans for accommodating ships in distress shall be made available upon demand. Member States shall inform the Commission of the measures taken in application of the preceding paragraph. Plans for accommodating ships in distress shall be made available upon demand. Member States shall inform the Commission within 12 months of the entry into force of this Directive of the measures taken in application of the preceding paragraph.    2. The Commission, assisted by the European Maritime Safety Agency set up pursuant to Regulation (EC) No .../2001, and the Member States shall draw up, in cooperation with the International Maritime Organisation, joint guidelines for assistance to ships in distress and more particularly for ports of refuge and anchorages.    3. A port in the Community which accommodates a ship in distress must be able to count on prompt compensation of the costs and potential damage involved in this operation.    4. A port in the Community may require that a ship which calls at that port should demonstrate that the ship and its cargo are adequately insured in the event of finding themselves in distress and in search of a port of refuge or anchorage. Amendment 20 Article 22, paragraph 5, subparagraph 1    5. Where a Member State finds, on the occasion of an accident or incident at sea referred to in Article 16, that the company has not been able to establish and maintain a link with the ship or with the operational authorities concerned, it shall so inform the State which issued the ISM certification, or on whose behalf it was issued.    5. Where a Member State finds, on the occasion of an accident or incident at sea referred to in Article 16, that the company has not been able to establish and maintain a link with the ship or with the operational authorities concerned, it shall so inform the Commission, the European Maritime Safety Agency and the State which issued the ISM certification, or on whose behalf it was issued. Amendment 21 Article 22 a (new) Article 22a Evaluations of Member States    1. The Member States must report to the Commission by 1 July 2003 on the implementation of this Directive and, in particular, on the implementation of the provisions of Articles 7, 8, 15, 17 and 20.    2. On the basis of the reports referred to in paragraph 1, the Commission shall report to the European Parliament and the Council by the end of 2004 on the implementation of this Directive in the Member States. In these reports, the Commission shall ascertain whether and to what extent the provisions of the Directive as implemented by the Member States are helping to increase the safety and efficiency of maritime transport and prevent pollution by ships.    3. On the basis of the evaluation provided for in paragraph 2, and assisted by the European Maritime Safety Agency set up pursuant to Regulation (EC) No .../2001, the Commission shall investigate, in particular:    - whether it is technically and economically feasible to render more stringent the performance standards of automatic identification systems as referred to in Article 7(1) and, in particular, whether it is desirable to increase the coverage area of the transponders;    - whether the measures provided for in Article 17 are adequate to guarantee the accommodation of ships in distress by Community ports, whether there are enough ports of refuge and anchorages and whether there is a need for a more efficient system to provide compensation for damage caused by pollution due to accommodating a ship in distress at a port of refuge or anchorage;    - to what extent Member States have exchanged data and have coordinated their telematic communication systems;    - whether checks on the implementation of the Directive and the imposition of penalties are being performed equally meticulously by all Member States, and whether the differences in the various penalties applicable in the Member States are causing market distortions.    4. On the basis of the experience gained, and taking account of the results of the reports and investigations referred to in paragraphs 1, 2 and 3, the Commission shall, if necessary, propose amendments to the European Parliament and the Council. Amendment 22 Annex I., point 1, indent 7, subindent 2    - Characteristics and estimated volume of bunker fuel, for ships carrying more than 5 000 tonnes of bunker fuel.    - Characteristics of the bunker fuel and bunker capacity , for ships carrying more than 5 000 tonnes of bunker fuel. Amendment 23 Annex I, point 1, indent 7 a (new)    - Up-to-date report on the standard of safety of the ship drawn up by the classification society responsible for inspecting it. Amendment 24 Annex I, point 2, indent 2 a (new)    - The ice classification of the ship, if it moves in waters where ice is an obstacle to traffic during parts of the year. Amendment 25 Annex II, title I, point 2, indent 3    - ships, other than passenger ships and tankers, of 50 000 gross tonnage and upwards: not later than 1 July 2004 ;    - ships, other than passenger ships and tankers, of 50 000 gross tonnage and upwards: not later than 1 July 2003 ; Amendment 26 Annex II, title I, point 2, indent 4    - ships, other than passenger ships and tankers, of 10 000 gross tonnage and upwards but less than 50 000 gross tonnage: not later than 1 July 2005 ;    - ships, other than passenger ships and tankers, of 10 000 gross tonnage and upwards but less than 50 000 gross tonnage: not later than 1 July 2004 ; Amendment 27 Annex II, title I, point 2, indent 5    - ships, other than passenger ships and tankers, of 3 000 gross tonnage and upwards but less than 10 000 gross tonnage: not later than 1 July 2006 ;    - ships, other than passenger ships and tankers, of 3 000 gross tonnage and upwards but less than 10 000 gross tonnage: not later than 1 July 2005 ; Amendment 28 Annex II, title I, point 2, indent 6    - ships, other than passenger ships and tankers, of 300 gross tonnage and upwards but less than 3 000 gross tonnage: not later than 1 July 2007 .    - ships, other than passenger ships and tankers, of 300 gross tonnage and upwards but less than 3 000 gross tonnage: not later than 1 July 2006 .

European Parliament legislative resolution on the proposal for a European Parliament and Council directive establishing a Community monitoring, control and information system for maritime traffic (COM(2000) 802 - C5-0700/2000 - 2000/0325(COD) )

P5_TA(2001)0334 A5-0208/2001

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 802 )(2) ,

-  having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0700/2000 ),

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

-  having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on the Environment, Public Health and Consumer Policy and the Committee on Industry, External Trade, Research and Energy (A5-0208/2001 ),

1.  Approves the Commission proposal as amended;

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

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

(1) OJ C 120 E, 24.4.2001, p. 67. (2) OJ C 120 E, 24.4.2001, p. 67.

Proposal for a Regulation of the European Parliament and of the Council establishing a European Maritime Safety Agency (COM(2000) 802 - C5-0702/2000 - 2000/0327(COD) )

P5_TA(2001)0335 A5-0205/2001

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament Amendment 1 Recital 9 a (new) (9a) Over the past years, as more decentralised agencies have been created, the budgetary authority has looked to improve transparency and control over the management of the Community funding allocated to them, in particular concerning the budgetisation of the fees, financial control, power of discharge, pension scheme contributions and the internal budgetary procedure (code of conduct); Amendment 2 Article 1, paragraph 1    1. This Regulation establishes a European Maritime Safety Agency (the "Agency”) for the purpose of ensuring a high, uniform and effective level of maritime safety and pollution prevention within the Community.    1. This Regulation establishes a European Maritime Safety and Ship Pollution Prevention Agency (the "Agency”) for the purpose of ensuring a high, uniform and effective level of maritime safety and marine environment pollution prevention within the Community. Amendment 4 Article 2, paragraph 2    2. With regard to performance of the tasks referred to in paragraphs (a), (b), (d) and (g) , the Agency shall only act at the request of the Commission. The Agency may perform other specific tasks if circumstances so demand, but exclusively at the request of the Commission.    2. With regard to performance of the tasks referred to in paragraphs (a), (b) and (d), the Agency shall only act at the request of the Commission. The Agency may perform other specific tasks if circumstances so demand, but exclusively at the request of the Commission. Amendment 5 Article 3, paragraph 1, introductory part    1. In order to perform the tasks entrusted to it, the Agency shall carry out visits to the Member States. The national authorities of the Member States shall facilitate the work of the Agency's staff in order to ensure that such visits proceed smoothly. The Agency's officials are entitled:    1. In order to perform the tasks entrusted to it, the Agency shall carry out visits to the Member States. The national authorities of the Member States shall facilitate the work of the Agency's staff in order to ensure that such visits proceed smoothly. After reaching an understanding with the Member State concerned, the Agency's officials are entitled: Amendment 6 Article 3, paragraph 2 a (new) 2a. The Agency may also carry out unannounced visits. Amendment 7 Article 3, paragraph 3    3. At the end of each visit, the Agency shall draw up a report and send it to the Commission.    3. At the end of each visit, the Agency shall draw up a report and send it to the Commission and the Member State concerned . Amendment 8 Article 10, paragraph 2, point (c)    (c) adopt, before 30 October each year, and after approval by the Commission, the work programme of the Agency for the coming year and forward it to the Commission, the Council and the European Parliament;    (c) adopt, before 30 October each year, and after consultation of the Commission, the work programme of the Agency for the coming year and forward it to the Commission, the Council and the European Parliament; Amendment 9 Article 11 The Administrative Board shall be composed of four representatives of the Commission, four representatives of the Council, four representatives of the European Parliament and four representatives of the professional sectors most concerned nominated by the Commission, and their alternates. The duration of the term of office shall be five years. The term of office may be renewed once. The Administrative Board shall be composed of four representatives of the Commission, four representatives of the Council and four representatives of the professional sectors most concerned nominated by the Commission, and their alternates. The duration of the term of office shall be five years. The term of office may be renewed once. Amendment 22 Article 11, paragraph 1 a (new) Representatives shall be appointed on the basis of their degree of relevant experience and expertise in the field of maritime safety. Amendment 10 Article 12, paragraph 2    2. The terms of office of the Chairman and Deputy Chairman shall be three years and shall expire when they cease to be members of the Administrative Board . The terms of office shall be renewable once.    2. The terms of office of the Chairman and Deputy Chairman shall be five years. The terms of office shall be renewable once. Amendment 23 Article 13, paragraph 3    3. The Administrative Board shall hold an ordinary meeting once a year. In addition, it shall meet on the initative of the Chairman or at the request of the Commission, one-third of the Member States.    3. The Administrative Board shall hold an ordinary meeting once a year. In addition, it shall meet on the initative of the Chairman or at the request of the Commission, one-third of the Member States, the European Parliament or six members of the Administrative Board . Amendment 11 Article 15, paragraph 1    1. The Agency shall be managed by its Executive Director, who shall neither seek nor take instructions from any Government or from any other body . However, he must carry out any instruction or request for assistance from the Commission relating to the tasks set out in Article 2.    1. The Agency shall be managed by its Executive Director, who must carry out any instruction or request for assistance from the Commission or request for assistance from a Member State concerned relating to the tasks set out in Article 2. Amendment 12 Article 15, paragraph 2, point (a)    (a) The Executive Director shall prepare the work programme and submit it to the Administrative Board after having received the approval of the Commission. He shall take the necessary steps for its implementation. He shall respond to any requests for assistance from the Commission.    (a) The Executive Director shall prepare the work programme and submit it to the Administrative Board and the Commission. He shall take the necessary steps for its implementation. He shall respond to any requests for assistance from the Commission or a Member State . Amendment 25 Article 15, paragraph 2, point (b)    (b) The Executive Director shall decide to carry out the visits provided for in Article 3, following the prior agreement of the Commission .    (b) The Administrative Board shall decide to carry out the visits provided for in Article 3. (The text is inserted in Article 10(2) as new point (ea)) Amendment 14 Article 16, paragraph 1    1. The Executive Director of the Agency shall be appointed by the Administrative Board on a proposal from the Commission . Power to dismiss the Executive Director shall lie with the Administrative Board, acting on a proposal from the Commission .    1. The Executive Director of the Agency shall be appointed by the Administrative Board. The Commission may propose a candidate or candidates. Power to dismiss the Executive Director shall lie with the Administrative Board, in which connection the Commission may make a proposal . Amendment 15 Article 19    1. The Agency's revenues shall consist of:    1. The Agency's revenues shall consist of:    - a contribution from the Community;    - charges for publications, training and/or any other services provided by the Agency.    - a contribution from the Community;    - charges for publications, training and/or any other services provided by the Agency. (1a) The Agency's pensions contribution is entered directly in the revenue part of the Commission.    2. The Agency's expenditure shall include staff, administrative, infrastructure and operational expenses.    2. The Agency's expenditure shall include staff, administrative, infrastructure and operational expenses.    3. The Executive Director shall draw up an estimate of the Agency's revenues and expenditure for the following financial year and shall forward it to the Administrative Board together with an establishment plan.    3. The Executive Director shall draw up an estimate of the Agency's revenues and expenditure for the following financial year and shall forward it to the Administrative Board together with an establishment plan.    4. Revenue and expenditure shall be in balance.    4. Revenue and expenditure shall be in balance.    5. The Administrative Board shall, by 31 March at the latest, adopt the draft budget and forward it to the Commission, which on that basis shall enter the relevant estimates in the preliminary draft general budget of the European Communities which it puts before the Council and the European Parliament in accordance with Article 272 of the Treaty.    5. The Administrative Board shall, by 31 March, at the latest, adopt the draft estimates, including the provisional establishment plan accompanied by the preliminary work programme, and forward them to the Commission which on that basis shall enter the relevant estimates in the preliminary draft general budget of the European Communities which it puts before the Council and the European Parliament in accordance with Article 272 of the Treaty.    6. The Administrative Board shall adopt the Agency's budget, adjusting it where necessary to the Community subsidy.    6. After the adoption of the general Budget by the budgetary authority, the Administrative Board shall adopt the Agency's final budget and work programme , adjusting them where necessary to the Community subsidy. It shall forward them without delay to the Commission and to the budgetary authority. 6a. Any modification to the budget, including the establishment plan, shall follow the procedure laid down in paragraph 5. 6b. The establishment plan shall be authorised by the Budget of the Union. Amendment 16 Article 20 a (new) Article 20a Combating fraud    1. In order to combat fraud, corruption and other unlawful activities the provisions of Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(1 ) shall apply without restriction.    2. The Agency shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-Fraud Office (OLAF)(2 ) and shall issue, without delay, the appropriate provisions applicable to all the employees of the Agency.    3. The decisions concerning funding and the implementing agreements and instruments resulting from them shall explicitly stipulate that the Court of Auditors and OLAF may carry out, if necessary, on-the-spot checks of the recipients of the Agency's funding and the agents responsible for allocating it. _______________________ (1 ) OJ L 136, 31.5.1999, p. 1. (2 ) OJ L 136, 31.5.1999, p. 15. Amendment 17 Article 21    1. Within five years from the date of the Agency having taken up its responsibilities, the Agency in collaboration with the Commission shall carry out an independent evaluation on the implementation of this Regulation.    1. Within three years from the date of the Agency having taken up its responsibilities, and every five years thereafter, the Agency shall commission an independent external evaluation on the implementation of this Regulation. The Commission shall make available to the Agency any information the latter considers relevant to that evaluation.    2. The evaluation will assess the impact this Regulation, the Agency and its working practices will have had in establishing a high level of maritime safety. The Administrative Board issues specific terms of reference in agreement with the Commission.    2. The evaluation shall assess the impact of this Regulation, the Agency and its working practices on establishing a high level of maritime safety. The evaluation shall take into account the views of stakeholders, both at Community and national level. It shall be carried out following consultation of the parties involved.    3. The Administrative Board shall receive the evaluation findings and issue recommendations regarding changes to this Regulation, the Agency and its working practices to the Commission. Both the evaluation findings and recommendations shall be made public.    3. The Administrative Board shall receive the evaluation findings and issue recommendations regarding changes to this Regulation, the Agency and its working practices to the Commission, which shall forward them to the European Parliament. An action plan with a timetable shall be included, if appropriate. Both the evaluation findings and recommendations shall be made public.

European Parliament legislative resolution on the proposal for a Regulation of the European Parliament and of the Council establishing a European Maritime Safety Agency (COM(2000) 802 - C5-0702/2000 - 2000/0327(COD) )

P5_TA(2001)0335 A5-0205/2001

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 802 ) (2) ,

-  having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0702/2000 ),

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

-  having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Budgets, the Committee on Budgetary Control, the Committee on the Environment, Public Health and Consumer Policy and the Committee on Industry, External Trade, Research and Energy (A5-0205/2001 ),

1.  Approves the Commission proposal as amended;

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

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

(1) OJ C 120 E, 24.4.2001, p. 83. (2) OJ C 120 E, 24.4.2001, p. 83.

Proposal for a European Parliament and Council regulation on the establishment of a fund for the compensation of oil pollution damage in European waters and related measures (COM(2000) 802 - C5-0701/2000 - 2000/0326(COD) )

P5_TA(2001)0336 A5-0201/2001

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament Amendment 1 Title on the establishment of a fund for the compensation of oil pollution damage in European waters and related measures on the establishment of a fund for the compensation of pollution damage in European waters caused by oil or hazardous and noxious substances and related measures Amendment 2 Recital 1    (1) There is a need to ensure that adequate compensation is available to persons who suffer damage caused by pollution resulting from the escape or discharge of oil from tankers in European waters.    (1) There is a need to ensure that the fullest and most adequate compensation possible is available to persons who, directly or indirectly, suffer damage caused by pollution resulting from the escape or discharge of oil or hazardous and noxious substances in European waters. Amendment 3 Recital 2    (2) The international regime for liability and compensation of oil pollution damage from ships, as established by the International Convention on Civil Liability for Oil Pollution Damage, 1992 and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 as amended by the 1992 Protocol thereto, provide some important guarantees in this respect.    (2) The international regime for liability and compensation of oil pollution damage from ships, as established by the International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (IOPC) as amended by the 1992 Protocol thereto, provide some important guarantees in this respect but serious deficiencies exist. In addition, the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 and the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by sea, 1996 have not entered into force because they have not been ratified. Amendment 4 Recital 3    (3) The maximum compensation afforded by the international regime is deemed insufficient to fully cover the costs of foreseeable oil tanker incidents in Europe.    (3) The maximum compensation afforded by the international regime is deemed insufficient to fully cover the costs of foreseeable incidents in Europe. Amendment 5 Recital 4    (4) A first step to improve the protection of victims in case of an oil spill in Europe is to considerably raise the maximum amount of compensation available for such spills. This can be done by complementing the international regime through the establishment of a European Fund which compensates claimants who have been unable to obtain full compensation under the international compensation regime, because the totality of valid claims exceed the amount of compensation available under the Fund Convention.    (4) A first step to improve the protection of victims in case of a spill in Europe caused by oil or hazardous and noxious substances is to raise considerably the maximum amount of compensation available for such spills. Ideally this should be done by complementing the current international CLC/IOPC regimes through the establishment of an international third tier. Meanwhile, a European Fund must be established which compensates claimants who have been unable to obtain full compensation under the international compensation regime, because the totality of valid claims exceed the amount of compensation available under the Fund Convention. Amendment 6 Recital 5    (5) A European oil pollution compensation fund needs to be based on the same rules, principles and procedures as those of the IOPC Fund in order to avoid uncertainty for victims seeking compensation and in order to avoid ineffectiveness or duplication of work carried out within the IOPC Fund.    (5) A European pollution compensation fund needs to be based on the same rules, principles and procedures as those of the IOPC Fund in order to avoid uncertainty for victims seeking compensation and in order to avoid ineffectiveness or duplication of work carried out within the IOPC Fund. Amendment 7 Recital 6    (6) In view of the principle that the polluter should pay, the costs of oil spills should be borne by the industry involved in the carriage of oil by sea.    (6) In view of the principle that the polluter should pay, the costs of spills caused by oil or hazardous and noxious substances should be borne by the industry involved in the carriage of any of these substances by sea. In particular, shipowners, oil companies and receivers of hazardous and noxious substances should, in the overall compensation system, bear their share on an equitable basis. Amendment 8 Recital 7    (7) Harmonised Community measures to provide additional compensation for European oil spills will share the costs of such oil spills between all coastal Member States.    (7) Harmonised Community measures to provide additional compensation for European spills will share the costs of such spills between all Member States. Amendment 9 Recital 8    (8) A Community-wide compensation Fund (COPE Fund) which builds upon the existing international regime is the most efficient way to attain these objectives.    (8) A Community-wide compensation Fund (COPE Fund) which builds upon the existing international regime is at present the most efficient way to attain these objectives. Amendment 10 Recital 13    (13) A revision of the existing international oil pollution liability and compensation regime should be undertaken in parallel to the measures contained in this Regulation in order to achieve a closer link between the responsibilities and actions of the players involved in the transport of oil by sea and their exposure to liability. More particularly, the liability of the shipowner should be unlimited if it is proved that the pollution damage resulted from gross negligence on his part, the liability regime should not explicitly protect a number of other key players involved in the transport of oil at sea and the compensation of damage caused to the environment as such should be reviewed and widened in light of comparable compensation regimes established under Community law.    (13) A revision of the existing liability and compensation regime should be undertaken in parallel to the measures contained in this Regulation in order to achieve a closer link between the responsibilities and actions of the players involved in sea transport and their exposure to liability. More particularly, the liability of the shipowner should be unlimited if it is proved that the pollution damage resulted from gross negligence on his part, the liability regime should not explicitly protect a number of other key players involved in sea transport and the compensation of damage caused to the environment as such should be reviewed and widened in light of comparable compensation regimes established under Community law; in addition, progress must be achieved with regard to a liability and compensation regime for damage in connection with the transport of hazardous and noxious substances. Amendment 11 Recital 13 a (new) (13a) Depending on possible developments and negotiations at the International Maritime Organisation, it may be necessary for this Regulation to be amended to ensure it is compatible with international decisions, which will be consistent with the spirit of this Regulation; Amendment 12 Article 1 The purpose of this Regulation is to ensure adequate compensation of pollution damage in EU waters resulting from the transport of oil by sea, by complementing the existing international liability and compensation regime at Community level, and to introduce a financial penalty to be imposed on any person who has been found to have contributed to an oil pollution incident by his wrongful intentional or grossly negligent acts or omissions. The purpose of this Regulation is to ensure adequate compensation of pollution damage in EU waters resulting from the transport of oil or hazardous and noxious substances, excluding nuclear materials by sea, by complementing the existing international liability and compensation regime at Community level, and to introduce a financial penalty to be imposed on any person who has been found to have contributed to a pollution incident by his wrongful intentional or grossly negligent acts or omissions. Amendment 13 Article 3, point 2 a (new) 2a. "Bunker Convention" shall mean the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001. Amendment 14 Article 3, point 2 b (new) 2b. "HNS Convention" shall mean the International Convention on Liability and Compensation for damage in connection with the carriage of Hazardous and Noxious Substances by sea, 1996. Amendment 44 Article 3, point 3 a (new) 3a. "Bunker Oil" shall mean any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil. Amendment 15 Article 3, point 5    5. "Tonne', in relation to oil, shall mean a metric tonne.    5. "Tonne" shall mean a metric tonne. Amendment 16 Article 3, point 6    6. "Terminal installation" shall mean any site for the storage of oil in bulk which is capable of receiving oil from waterborne transportation, including any facility situated off-shore and linked to such site.    6. "Terminal installation" shall mean any site for the storage of oil or hazardous and noxious substances in bulk which is capable of receiving oil or hazardous and noxious substances from waterborne transportation, including any facility situated off-shore and linked to such site. Amendment 17 Article 4, Title Establishment of a Fund for Compensation for Oil Pollution in European waters Establishment of a Fund for Compensation for Pollution in European waters caused by oil or hazardous and noxious substances Amendment 18 Article 4, introductory part A fund for Compensation for Oil Pollution in European waters (hereinafter "the COPE Fund') is hereby established with the following aims: A fund for Compensation for Pollution in European waters caused by oil or hazardous and noxious substances (hereinafter "the COPE Fund') is hereby established with the following aims: Amendment 51 Article 5, paragraph 2 a (new) 2a. The COPE Fund shall also pay compensation for damage caused to the environment when environmental costs are not covered by the international regime. These environmental costs are the costs for assessing the environmental damage of the incident and, if the environmental damage cannot be fully repaired, the costs of returning the environment to a state equivalent to that prior to the incident; Amendment 20 Article 5, paragraph 6 a (new) 6a. The COPE Fund shall provide for the possibility of making an advance provisional payment within a period of six months. Amendment 21 Article 6, Title Contributions by oil receivers Contributions by operators involved in the transport of oil or hazardous and noxious substances. Amendment 22 Article 6, paragraph 1 1. Any person who receives contributing oil in total annual quantities exceeding 150 000 tonnes carried by sea to ports or terminal installations in the territory of a Member State and is liable to contribute to the IOPC Fund shall be liable to contribute to the COPE Fund. 1. The COPE Fund, which shall be established in addition to the existing IOPC Fund, shall consist of two parts: Part 1 shall establish higher limits of compensation to be paid by the shipowners where the cost of pollution damage exceeds or threatens to exceed the aggregate compensation limit under the existing CLC and IOPC; Part 2 shall establish a supplementary fund to be paid by the cargo receivers where the cost of pollution damage exceeds or threatens to exceed the aggregate compensation limit under the existing IOPC, as supplemented by the shipowner's contribution under Part 1 of the COPE Fund or the HNS Convention once ratified. For these purposes “cargo receivers” shall be defined as follows: Any person who receives contributing oil or hazardous and noxious substances in total annual quantities exceeding 150 000 tonnes carried by sea to ports or terminal installations in the territory of a Member State and is liable to contribute to the IOPC Fund shall be liable to contribute to the COPE Fund. Amendment 23 Article 6, paragraph 1 a (new) 1a. The owner of a tanker responsible for marine pollution shall contribute to the compensation of the victims on the same basis as the cargo receivers. To this end, each ship sailing in European territorial waters or marine economic interest zones must be able to prove it holds a financial guarantee or must pay a heavy financial penalty. Amendment 24 Article 6, paragraph 2    2. Contributions shall only be collected following an incident falling under the scope of this Regulation which exceeds or threatens to exceed the maximum compensation limits of the IOPC Fund. The total amount of contributions to be levied for each such incident shall be decided by the Commission in accordance with Article 9(2). On the basis of that decision, the Commission shall calculate for each person referred to in paragraph 1 the amount of his contribution, on the basis of a fixed sum for each tonne of contributing oil received by such persons.    2. Contributions from receivers of oil or hazardous and noxious substances under Part 2 of the COPE Fund shall only be collected following an incident falling under the scope of this Regulation which exceeds or threatens to exceed the maximum compensation limits of the IOPC Fund as supplemented by the shipowner's contribution under Part 1 of the COPE Fund . The total amount of contributions to be levied from receivers of oil or hazardous and noxious substances for each such incident shall be decided by the Commission in accordance with Article 9(2) after taking into account the shipowner's contribution under Part 1 of the COPE Fund. On the basis of that decision, the Commission shall calculate for each person referred to in paragraph 1 the amount of his contribution, on the basis of a fixed sum for each tonne of contributing oil received by such persons. Amendment 25 Article 6, paragraph 3    3. The sums referred to in paragraph 2 shall be arrived at by dividing the relevant total amount of contributions required by the total amount of contributing oil received in all Member States in the relevant year.    3. The sums referred to in paragraph 2 shall be arrived at by dividing the relevant total amount of contributions by the total amount of contributing oil or hazardous and noxious substances received in all Member States in the relevant year, after taking into account the shipowner's contribution under Part 1 of the COPE Fund . Amendment 26 Article 6, paragraph 4    4. Member States shall ensure that any person who receives contributing oil within its territory in such quantities that he is liable to contribute to the COPE Fund appears on a list to be established and kept up to date by the Commission in accordance with the subsequent provisions of this article.    4. Member States shall ensure that any person who receives contributing oil or hazardous and noxious substances within its territory in such quantities that he is liable to contribute to the COPE Fund appears on a list to be established and kept up to date by the Commission in accordance with the subsequent provisions of this article. Amendment 27 Article 6, paragraph 6    6. For the purposes of ascertaining who are, at any given time, the persons liable to contribute to the COPE Fund and of establishing, where applicable, the quantities of oil to be taken into account for any such person when determining the amount of his contribution, the list shall be prima facie evidence of the facts stated therein.    6. For the purposes of ascertaining who are, at any given time, the persons liable to contribute to the COPE Fund and of establishing, where applicable, the quantities of oil or hazardous and noxious substances to be taken into account for any such person when determining the amount of his contribution, the list shall be prima facie evidence of the facts stated therein. Amendment 28 Article 6, paragraph 7    7. The contributions shall be made to the Commission and the collection shall be fully completed no later than one year after the decision to levy the contributions has been made by the Commission.    7. The contributions shall be made to the Commission and the collection shall be fully completed no later than six months after the decision to levy the contributions has been made by the Commission. Amendments 29 and 31 Article 9, paragraph 1 a (new) 1a. The elected local representatives of a damaged area about which the decisions listed in Article 8(2) are to be made shall have the opportunity to express their views in the early stages of the decision-making process. They shall take part in meetings of the committee in an advisory capacity. Amendment 30 Article 9, paragraph 1 b (new) 1b.The COPE Fund Committee shall submit an annual report on its activities to the Council and the European Parliament. Amendment 32 Article 9 a (new) Article 9a Cooperation between the COPE Fund and the IOPC Fund In close cooperation with the IMO, the Commission shall establish clear administrative rules for cooperation between the management of the COPE Fund and the management of the existing IOPC Fund, in accordance with the principles of transparency, efficiency, and cost-effectiveness. Amendment 33 Article 10 a (new) Article 10 a Evaluation    1. The Commission shall submit a report no later than July 2003 on efforts to improve the international liability and compensation regime at the level of the International Maritime Organization, and, in particular, shall assess progress in:    (a) significantly increasing the liability of the shipowner under the Liability Convention;    (b) increasing compensation under the Fund Convention;    (c) extending the Liability Convention to all other players involved in the transport of oil or hazardous and noxious substances at sea, and in particular to charterers, managers and operators;    (d) widening compensation for environmental damage in the light of comparable compensation regimes established under Community law;    2. If the Commission considers that significant progress has been achieved within the meaning of paragraph 1, it shall propose to the European Parliament and the Council that the provisions of this Regulation be adapted to the revised international regime.    3. If the Commission concludes that no substantial improvements within the meaning of paragraph 1 have been achieved, it shall submit to the European Parliament and the Council a proposal for Community legislation establishing a Europe-wide maritime pollution liability and compensation regime.

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on the establishment of a fund for the compensation of oil pollution damage in European waters and related measures (COM(2000) 802 - C5-0701/2000 - 2000/0326(COD) )

P5_TA(2001)0336 A5-0201/2001

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 802 )(2) ,

-  having regard to Article 251(2) and Articles 80(2) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0701/2000 ),

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

-  having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Industry, External Trade, Research and Energy and the Committee on the Environment, Public Health and Consumer Policy (A5-0201/2001 ),

1.  Approves the Commission proposal as amended;

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

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

(1) OJ C 120 E, 24.4.2001, p. 79. (2) OJ C 120 E, 24.4.2001, p. 79.

Proposal for a European Parliament and Council directive on occurrence reporting in civil aviation (COM(2000) 847 - C5-0764/2000 - 2000/0343(COD) )

P5_TA(2001)0337 A5-0203/2001

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament Amendment 1 Recital 16    (16) Consistency should be ensured with the technical reporting requirements developed by national experts in EUROCONTROL and the JAA, the list of reportable occurences takes into account the work of these two European organisations.    (16) Consistency should be ensured with the technical reporting requirements developed by national experts in EUROCONTROL and the Joint Aviation Authorities (JAA). The list of reportable occurrences takes into account the work of these two European organisations. Developments in the framework of the International Civil Aviation Organisation (ICAO) should also be taken into account. Amendment 2 Article 4, paragraph 1, introduction    1. Member States shall require that reportable occurrences are reported to the competent authority referred to in Article 5(1) by every person who:    1. Member States shall require that reportable occurrences are reported to the competent authorities referred to in Article 5(1) by every person who: Amendment 12 Article 5, paragraph 3 a (new) 3a. The above authorities shall regularly consult those concerned, for example pilots' organisations. Amendment 3 Article 7, paragraph 2, subparagraph 2 The decision to disseminate information under this paragraph may be limited to what is strictly required for the purpose of its user, without prejudice to the provisions of Article 8. The decision to disseminate information under this paragraph shall be limited to what is strictly required for the purpose of its user, without prejudice to the provisions of Article 8. The recipient of information shall in turn undertake not to disseminate the information further. Amendment 4 Article 7, paragraph 3    3. Member States shall publish at least annually a safety review containing information on the types of occurrences collected by their national mandatory occurrence-reporting scheme to inform the public of the safety level of information . Member States may also publish disidentified reports.    3. Member States shall publish at least annually a safety review containing information on the types of occurrences collected by their national mandatory occurrence-reporting scheme to inform the public of the level of safety in civil aviation . Member States may also publish disidentified reports. Amendment 5 Article 8, paragraph 1    1. The information exchanged in accordance with Article 6 and disseminated in accordance with Article 7(1) and 7 (2) shall be confidential and shall be used solely for the purpose covered by the activities of participants and addressees .    1. The information exchanged in accordance with Article 6 and disseminated in accordance with Article 7(1) and (2) shall be confidential and shall be used solely for the purpose covered by the activities referred to in Article 1. Amendment 7 Article 8, paragraph 3    3. The competent authority shall not disclose the name of the person submitting a report or of a person to whom it relates unless required to do so in the context of judicial inquiries or unless the persons concerned authorise disclosure. Deleted Amendment 8 Article 8, paragraph 4    4. Member States shall refrain from instituting proceedings in respect of unpremeditated or inadvertent breaches of the law, which come to its attention only because they have been reported under the national mandatory occurrence-reporting scheme.    4. Member States shall refrain from instituting proceedings in respect of unpremeditated or inadvertent breaches of the law, which come to its attention only because they have been reported under the national mandatory occurrence-reporting scheme, except in cases involving dereliction of duty amounting to gross negligence . Amendment 10 Article 11, paragraph 1, subparagraph 1    1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by. at the latest. They shall forthwith inform the Commission thereof.    1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive two years after its entry into force at the latest. They shall forthwith inform the Commission thereof. Amendment 11 Article 11a (new) Article 11 a Evaluation The Commission shall report regularly to the European Parliament and the Council on the implementation and observance of the Directive.

European Parliament legislative resolution on the proposal for a European Parliament and Council directive on occurrence reporting in civil aviation (COM(2000) 847 - C5-0764/2000 - 2000/0343(COD) )

P5_TA(2001)0337 A5-0203/2001

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 847 ) (2) ,

-  having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0764/2000 ),

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

-  having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0203/2001 ),

1.  Approves the Commission proposal as amended;

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

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

(1) OJ C 120 E, 24.4.2001, p. 148. (2) OJ C 120 E, 24.4.2001, p. 148.

Proposal for a Council directive amending Directive 91/630/EEC laying down minimum standards for the protection of pigs (COM(2001) 20 - C5-0039/2001 - 2001/0021(CNS) )

P5_TA(2001)0338 A5-0210/2001

The proposal was amended as follows:

Text proposed by the Commission(1)   Amendments by Parliament Amendment 1 RECITAL 5 a (new) (5a) The Commission should amend and supplement the Annex to Directive 91/630/EEC , as soon as possible and at the latest by 1 January 2002, so that:    - tail docking is prohibited, except where necessary for veterinary reasons;    - teeth clipping and filing are prohibited, except where necessary for veterinary reasons;    - the castration of piglets is always to be carried out under anaesthetic by a veterinarian or by a person qualified in the field of castration.    - a minimum level of light intensity is guaranteed for intensively kept pigs Amendment 2 RECITAL 6    (6) A balance must be kept between the various aspects to be taken into consideration, as regard both welfare and health, economic and social considerations, and also environmental impact.    (6) A balance must be kept between the various aspects to be taken into consideration, as regards both welfare and health, economic and social considerations, and also environmental impact. Among these aspects, particular account must be taken of the Union's regions because they have a decisive bearing on animal behaviour, production systems, and profitability. Amendment 3 RECITAL 6 a (new) (6a) Further attention should be paid to the conditions under which pigmeat imported into the European Union from third countries is produced. This issue should be raised with the European Union's partners in the World Trade Organisation (WTO). Amendment 4 RECITAL 6 b (new) (6b) Member States should safeguard this sector by concentrating funding so that the major investments which are to be expected can be implemented. Amendment 5 RECITAL 7    (7) It is appropriate for the Commission to submit a new report taking into account further research and practical experience in order to improve further the welfare of pigs, in particular as regards aspects not covered by Directive 91/630/EEC .    (7) The Commission should to submit, by 1 January 2004 at the latest, a new report taking into account further research and practical experience in order to improve further the welfare of pigs, in particular as regards aspects not covered by Directive 91/630/EEC . Amendment 6 RECITAL 7 a (new) (7a) All amendments to Directive 91/630/EEC adopted by the Council should be introduced in all candidate countries according to the same timetable demanded of Member States in order to avoid distortion of competition . Amendment 7 RECITAL 7 b (new) (7b) The scientific justification for laying down new conditions is based on the situations obtaining in the northern European countries. If it is to be complete and objective, it must be broadened to encompass data reflecting the geographical reality of the southern countries. Amendment 8 RECITAL 8 a (new) (8a) Since certain provisions which are required to enable Directive 91/630/EEC to be implemented may bring about significant changes affecting the viability and the competitiveness of farms, amendment of the Annexes to that Directive must be in accordance with Article 37 of the Treaty. Amendment 9 RECITAL 8 b (new) (8b) The Commission should submit proposals for common rules on labelling of pigmeat which producers may use if the requirements set out in this Directive are met. Amendment 10 RECITAL 8 c (new) (8c) The Commission should submit proposals for common rules on the keeping of pigs outdoors. Amendment 11 ARTICLE 1, POINT -1 Article 3, point 1 (Directive 91/630/EEC )    - 1. Article 3, paragraph 1 is amended as follows: "1. From 1 January 2006, all holdings newly built or rebuilt and/or brought into use for the first time after that date shall comply with at least the following requirement: the unobstructed floor area available to each weaner or rearing pig reared in a group must be at least:    - 0,20 m2 for a pig of an average weight of 10 kg or less,    - 0,30 m2 for a pig of an average weight between 10 and 20 kg,    - 0,40 m2 for a pig of an average weight between 20 and 30 kg,    - 0,60 m2 for a pig of an average weight between 30 and 50 kg,    - 0,80 m2 for a pig of an average weight between 50 and 85 kg,    - 1,0 m2 for a pig of an average weight between 85 and 110 kg,    - 1,3 m2 for a pig of an average weight of more than 110 kg; from 1. January 2012, the minimum standards provided for above shall apply to all holdings.” Amendment 13 ARTICLE 1, POINT 1 Article 3, point 2 (Directive 91/630/EEC )    2. Flooring surfaces must comply with the following requirements :    2. Flooring surfaces must comply with the following requirements : Weaners/rearing pigs: A part of the total floor at least 1/3 of the minimum space requirements for each animal must be of continuous solid floor area no more than 10% of which is comprised of drainage . When concrete floors are used, the minimum slat width must be 75 mm and the maximum slot width 25 mm. Weaners/rearing pigs: A part of the total floor at least 1/3 of the minimum space requirements for each animal must be of continuous solid floor area which supports the foot and is non-slip, of which the open area of drained floor must not comprise more than 10 % . When concrete floors are used, the minimum slat width must be 75 mm and the maximum slot width 25 mm. Dry pregnant sows and gilts: the area of continuous solid floor area, no more than 10% of which is comprised of drainage must be at least: Dry pregnant sows and gilts: the area of continuous solid floor area, which supports the foot and is non-slip, of which the open area of drained floor must not comprise more than 10 % must be at least:    - 1, 3 m2 per dry pregnant sow;    - 1, 3 m2 per dry pregnant sow;    - 0,95 m2 per gilt.    - 0,95 m2 per gilt. When concrete slatted floors are used the minimum slat must be 80 mm and the maximum slot width 30 mm. When concrete slatted floors are used the minimum slat must be 80 mm and the maximum slot width 25 mm. Amendment 15 ARTICLE 1, POINT 1 Article 3, point 3 (Directive 91/630/EEC )    3. The construction or conversion of installations in which sows and gilts are tethered is prohibited. From 1 January 2006 the use of tethers for sows and gilts shall be prohibited.    3. The construction or conversion of installations in which sows and gilts are tethered is prohibited. From 1 January 2006 the use of tethers for sows and gilts shall be totally prohibited. Amendment 16 ARTICLE 1, POINT 1 Article 3, point 3a (new) (Directive 91/630/EEC ) 3a. Boar pens shall be situated and constructed such that the boar can turn round and hear, smell and see other pigs. The lying area shall be dry and comfortable. The minimum size of the pen for a mature boar shall be 6m2 . From 1 January 2005 a pen shall have a surface which supports the foot and is non-slip of at least 10 m2 if it is also used for natural service. Amendment 17 ARTICLE 1, POINT 1 Article 3, point 4 (Directive 91/630/EEC )    4. No sows or gilts shall be confined in an individual pen during a period starting from 4 weeks after the service to 7 days before the expected time of farrowing. Exeptionally individuals which are particular aggressors, which have been attacked by other sows or which are sick or injured, may temporarily be kept in individual pens. No individual pen for a dry pregnant sow shall be used which does not allow the sow to turn around easily.    4. No sows or gilts shall be confined in an individual pen during a period starting from 7 days after the service to 7 days before the expected time of farrowing. When a sow or gilt is confined in an individual pen for any part of the first 7 days after service, the pen shall be large enough to allow the animal to turn around easily. Exeptionally individuals which are particular aggressors, which have been attacked by other sows or which are sick or injured, may temporarily be kept in individual pens. No individual pen for a dry pregnant sow shall be used which does not allow the sow to turn around easily. Amendment 18 ARTICLE 1, POINT 1 Article 3, point 5, indent 1 (Directive 91/630/EEC )    - Housing facilities for dry pregnant sows and gilts must include communal lying areas, in addition to the dunging area and any feeding stalls or boxes, of at least 1,3 m² per sow (0,95 m² for gilts) of unobstructed floor area;    - Housing facilities for dry pregnant sows and gilts must include access to an area which is large enough and at the appropriate temperature and will enable all animals to lie down at the same time with an area of at least 1,3 m² per sow (0,95 m² for gilts) of unobstructed floor area; Amendment 19 ARTICLE 1, POINT 1 Article 3, point 5, indent 3 (Directive 91/630/EEC )    - All sows must have permanent access to soil for rooting or to manipulable material at least complying with the relevant requirements of the Annex;    - All sows must always be able to manipulate feed and additional moveable or variable materials; Amendment 20 ARTICLE 1, POINT 1 Article 3, point 5, indent 3 a (new) (Directive 91/630/EEC )    - stalls, pens, equipment and instruments for pig keeping must be cleaned and disinfected regularly and in accordance with the regulations. Amendment 21 ARTICLE 1, POINT 1 Article 3, point 5, indent 4 (Directive 91/630/EEC )    - Sows in groups must be fed using a system which ensures that each individual can obtain sufficient food without being attacked, even when competitors for the food are present;    - Sows must be fed using a system which ensures that each individual can obtain sufficient food without being attacked, even when competitors for the food are present; Amendment 22 ARTICLE 1, POINT 1 Article 3, point 5, indent 4a (new) (Directive 91/630/EEC )    - Pens for piglets over 20 kg and for rearing pigs must have installed in them an overhead spray or similar device, to be used for regulating the animals' body temperature. Amendment 23 ARTICLE 1, POINT 1 Article 3, point 5, indent 5 (Directive 91/630/EEC )    - All sows must be given high fibre food as well as high-energy food in order to reduce hunger as well as to provide for the need to chew. The high-energy food can be fed once per day in a single meal but high fibre food must be available for longer periods.    - In addition to high-energy food sows must - in line with the principles of nutrition appropriate to need - be given food to reduce hunger as well as to provide for the need to chew. Amendment 24 ARTICLE 1, POINT 1 Article 3, point 5, indent 5a (new) (Directive 91/630/EEC )    - Pregnant sows and gilts must have access to straw or other material capable of imparting a feeling of satiety and satisfying their need for material in which to root. Amendment 25 ARTICLE 1, POINT 1 Article 3, point 6 (Directive 91/630/EEC )    6. From 1 January 2002 points 2 and 4 shall apply to all holdings newly built or rebuilt or brought into use for the first time after that date. From 1 January 2012 those points shall apply to all holdings.    6. From 1 January 2003 points 2 and 4 shall apply to all holdings newly built or rebuilt or brought into use for the first time after that date. From 1 January 2012 those points shall apply to all holdings. The first to the fourth indents of point 5 shall not apply to holdings with fewer than ten dry pregnant sows. Amendment 26 ARTICLE 1, POINT 1 a (new) Article 4a (new) (Directive 91/630/EEC ) 1a. The following Article 4a is inserted: “Article 4a From 1 July 2006 the tail docking of pigs is prohibited except where a veterinarian certifies that tail docking is the most effective way to deal with a particular outbreak of tail-biting and that the outbreak cannot be addressed by isolating the aggressors. In this circumstance tail docking may be carried out provided that:    - the docking is performed under anaesthetic and additional prolonged analgesia by a veterinarian, and    - as soon as practicable after docking, the farmer adopts improved conditions and management designed to prevent future outbreaks of tail-biting. The necessary improvements in conditions and management must be discussed and agreed with the competent national authority.” Amendment 27 ARTICLE 1, POINT 1b (new) Article 5 (Directive 91/630/EEC ) 1b. Article 5 is replaced by the following: “Article 5 The provisions of the Annex may be amended in accordance with the procedure laid down in Article 10, in order to take account of scientific progress and of experiments conducted on samples of farms which are representative of all the EU countries. However, if the new provisions of the Annex substantially amend the content of the Directive and/or have a significant impact on the economic balance of farms or the way in which their work is organised, the planned amendments to the rules must be based on Article 37 of the Treaty” Amendment 28 ARTICLE 1, POINT 2 Article 5a, paragraph 1 (Directive 91/630/EEC )    1. Any person attending to the animals has received instructions and guidance on the provisions of Articles 1, 2 and 3 of the Annex to the Directive and understands those provisions.    1. Any person attending to the animals shall have received instructions and guidance at a training course approved by the competent authority on the provisions of Articles 1, 2 and 3 and of the Annex to the Directive and on how properly to handle and, where necessary, care for pigs. Alternatively, instead of attending a training course, a person may rely on previous practical experience provided that before 1 July 2003 his understanding of the above provisions and his competence to handle and care for pigs has been assessed as satisfactory by an independent assessor approved by the competent authority. Amendment 29 ARTICLE 1, POINT 2 Article 5a, paragraph 2 (Directive 91/630/EEC )    2. Member States shall ensure that appropriate training courses are available. In particular such training courses must focus on welfare aspects.    2. Member States shall ensure that appropriate training courses by competent training bodies are available for stockmen and vets . In particular such training courses must focus on welfare aspects. The three year agricultural training course shall also satisfy the aims of such courses .” Amendment 30 ARTICLE 1, POINT 2 Article 5a, paragraph 2a (new) (Directive 91/630/EEC ) 2a. Pig producers or farm managers must hold a certificate of completion of practical and theoretical training approved by the competent authority as a condition for taking over or managing a pig production unit. Amendment 31 ARTICLE 1, POINT 3 Article 6 (Directive 91/630/EEC ) Not later than 1 January 2008 the Commission shall submit to the Council a report, drawn up on the basis of an opinion from the Scientific Committee on Animal Health and Welfare Committee. Not later than 1 January 2004 the Commission shall submit to the Council a report, drawn up on the basis of an opinion from the Scientific Committee on Animal Health and Welfare Committee and taking into account the varying geographical situations of pig farms in the European Union. The report shall cover in particular The report shall cover in particular    1. the effects of stocking density in different farming systems on welfare including health of pigs,    1. the effects of stocking density in different farming systems and places on welfare including health of pigs, 1a. rules on the keeping of pigs outdoor, 1b specific temperature requirements for pigs in different climatic conditions 1c. a comparison, concerning the environmental and animal welfare impact, of the use of slatted floors and the use of straw,    2. further developments of group-housing systems for pregnant sows,    2. further developments of group-housing systems for pregnant sows,    3. the determination of space requirements for individually-housed adult breeding boar,    3. the determination of space requirements for individually-housed adult breeding boar,    4. further developments of loose-house systems for sows in the service area and for farrowing sows, which meet the needs of the sow without compromising piglet survival,    4. further developments of loose-house systems for sows in the service area and for farrowing sows, which meet the needs of the sow without compromising piglet survival,    5. the development of techniques that will reduce the need to resort to surgical castration,    5. the development of production methods that will reduce the need to resort to surgical castration,    6. consumer's attitutes and behavior towards pig meat in the event of no improvement or only minor improvement being achieved in the welfare of the animals.    6. consumer's attitutes and behavior towards pig meat in the event of no improvement or only minor improvement being achieved in the welfare of the animals, 6a. market research for the purpose of analysing whether or not the market takes into account the extra cost generated by animal welfare measures, 6b. an exhaustive study of the economic impact of the measures laid down in this Directive as a whole, The report may if necessary be accompanied by appropriate legislative proposals. The report may if necessary be accompanied by appropriate legislative proposals. Amendment 32 ARTICLE 1, POINT 3 a (new) Article 7, paragraph 3a (new) (Directive 91/630/EEC ) 3a. The following pargraph is added to Article 7: “3a. The Commission shall, no later than 1 January 2002, draw up a report for the European Parliament and the Council on compliance with the provisions of this Directive and the Annex, and on the checks carried out.” Amendment 33 ARTICLE 1, POINT 4 Article 10, paragraph 3 a (new) (Directive 91/630/EEC ) 3a. If new provisions of the Annex substantially amend the content of the Directive and/or have a significant impact on the economic balance of holdings or the way in which their work is organised, the planned amendments to the rules must be decided upon in accordance with the procedure laid down in Article 37 of the Treaty.

European Parliament legislative resolution on the proposal for a Council directive on Directive 91/630/EEC laying down minimum standards for the protection of pigs (COM(2001) 20 - C5-0039/2001 - 2001/0021(CNS) )

P5_TA(2001)0338 A5-0210/2001

(Consultation procedure)

The European Parliament,

-  having regard to the Commission proposal to the Council (COM(2001) 20 )(2) ,

-  having been consulted by the Council pursuant to Article 37 of the EC Treaty(C5-0039/2001 ),

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

-  having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Committee on the Environment, Public Health and Consumer Policy (A5-0210/2001 ),

1.  Approves the Commission proposal as amended;

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

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

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

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

(1) OJ C 154 E, 29.5.2001, p. 114. (2) OJ C 154 E, 29.5.2001, p. 114.

Proposal for a Council decision on further exceptional financial assistance to Kosovo (COM(2001) 81 - C5-0138/2001 - 2001/0045(CNS) )

P5_TA(2001)0339 A5-0209/2001

The proposal was amended as follows:

Text proposed by the Commission   Amendments by Parliament Amendment 1 Title Proposal for a Council decision on further exceptional financial assistance to Kosovo Proposal for a Council decision on further exceptional financial assistance to Kosovo (Federal Republic of Yugoslavia) Amendment 2 Citation 1 Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof, Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof, as well as Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia, repealing Regulation (EC) No 1628/96 and amending Regulations (EEC) No 3906/89 and (EEC) No 1360/90 and Decisions 97/256/EC and 1999/311/EC(1 ), and in particular its Article 6(4), _____________ (1 ) OJ L 306, 7.12.2000, p.1. Amendment 3 Recital 11    (11) Although economic activity has resumed with considerable speed after the conflict, Kosovo is at a low level of economic development and its GDP per capita is estimated to be below other countries of the region and to be one of the lowest in Europe;    (11) Although economic activity has resumed with considerable speed after the conflict, Kosovo is at a low level of economic development and its GDP per capita is estimated to be one of the lowest in the region and in Europe; Amendment 4 Recital 12 a (new) (12a) The provision of external budgetary support should be fairly shared among donors, with a view to help cover the financing needs identified under the budget prepared for Kosovo by UNMIK. Amendment 5 Recital 13    (13) The Community found it an appropriate measure to help ease Kosovo's financial constraints in the exceptionally difficult circumstances and already provided for financial assistance in the form of straight grants in 2000 amounting to EUR 35 million;    (13) The Community found it an appropriate measure to help, with other donors, ease Kosovo's financial constraints in the exceptionally difficult circumstances and already provided for financial assistance in the form of straight grants in 2000 amounting to EUR 35 million; Amendment 6 Recital 15    (15) Without prejudice to the powers of the budgetary authority, the financial assistance will be part of the envelope of aid foreseen for Kosovo in 2001 , and therefore subject to the funds being available in the general budget;    (15) Without prejudice to the powers of the budgetary authority, the financial assistance will be part of the envelope of aid foreseen for Kosovo, and therefore subject to the funds being available in the general budget; Amendment 7 Recital 15 a (new) (15a) The macrofinancial assistance paid from the EU budget should be assessed according to the degree of sound implementation of all the aspects of Community assistance over the previous years as well as to the progress made by the economic reform and political stabilisation including an evaluation of spending capacities; Amendment 8 Recital 16 a new (16a) Community financing may cover, pursuant to Article 6(4) of Regulation (EC) No 2666/2000 (CARDS Programme), exceptional financial assistance decisions which are taken by the Council on the basis of Article 308 of the Treaty. Amendment 9 Article 1, paragraph 1    1. In addition to the financial assistance already decided by the Council (2000/140/CE) on 14 February 2000, the Community shall make available to UNMIK exceptional financial assistance in the form of straight grants of up to EURO 30 million, with a view to alleviating the financial situation in Kosovo, facilitating the establishment and continuation of essential administrative functions and supporting the development of a sound economic framework.    1. In addition to the financial assistance already decided by the Council (2000/140/CE) on 14 February 2000, the Community shall make available to UNMIK, in conjunction with the contributions of the other donors, exceptional financial assistance in the form of straight grants of up to EUR 30 million, with a view to alleviating the financial situation in Kosovo, facilitating the establishment and continuation of essential administrative functions and supporting the development of a sound economic framework. Amendment 10 Article 2, paragraph 1 a (new) 1a. The exceptional financial assistance may only be used to finance the budgetary needs of public, semi-public, municipal and other administrations and institutions covered by the Kosovo Consolidated Budget. Amendment 11 Article 2, paragraph 2    2. The Commission shall verify at regular intervals, in consultation with the Economic and Financial Committee and in liaison with the IMF and the World Bank, that economic policies in Kosovo respect the objectives and economic policy conditions of this assistance.    2. The Commission shall verify at regular intervals, in consultation with the Political and Security Committee (PSC) and with the Economic and Financial Committee and in liaison with the IMF and the World Bank, that economic policies in Kosovo respect the objectives and economic policy conditions of this assistance and the restrictions imposed by Article 2(1a). Amendment 12 Article 3, paragraph 1    1. The assistance shall be made available to UNMIK in at least two instalments. Subject to the provisions of Article 2, the first instalment is to be released on the basis of a Memorandum of Understanding between UNMIK and the Community.    1. The assistance shall be made available to UNMIK in at least two instalments. Subject to the provisions of Article 2, the first instalment is to be released within six weeks of this Decision entering into force on the basis of a Memorandum of Understanding between UNMIK and the Community. This Memorandum of Understanding shall be forwarded to the Council and the European Parliament. Amendment 13 Article 3, paragraph 1 a (new) 1a. The Memorandum of Understanding between UNMIK and the Community shall be based on the principles underlying Community external aid and shall conform to the conditions on granting the ad hoc exceptional financial assistance laid down in Regulation (EC) No 2666/2000. Amendment 14 Article 3, paragraph 2    2. Subject to the provisions of Article 2, the second and any possible further instalment shall be released on the basis of a successful completion of the economic policy conditions referred to in Article 2(1) and not before three months after the release of the previous instalment .    2. Subject to the provisions of Article 2, the second and any possible further instalment shall be released on the basis of a successful completion of the economic policy conditions referred to in Articles 1(1) and 2(1) and before the end of the financial year . Amendment 15 Article 5 The Commission shall address to the European Parliament and to the Council an annual report , which will include an evaluation on the implementation of this Decision. The Commission shall address to the European Parliament and to the Council a progress report before September each year , which shall include an evaluation of the implementation of this Decision based on the principles laid down in recital 15a . This report shall also include an evaluation of the ability of Kosovo to sustain its budget, independent of external donors' grants.

European Parliament legislative resolution on the proposal for a Council decision providing exceptional Community financial assistance to Kosovo (COM(2001) 81 - C5-0138/2001 - 2001/0045(CNS) )

P5_TA(2001)0339 A5-0209/2001

(Consultation procedure)

The European Parliament,

-  having regard to the Commission proposal to the Council (COM(2001) 81 ),

-  having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5-0138/2001 ),

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

-  having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the opinions of the Committee on Budgets and the Committee on Industry, External Trade, Research and Energy (A5-0209/2001 ),

1.  Approves the Commission proposal as amended;

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

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

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

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

Proposal for a Council regulation amending Regulation (EEC) No 3763/91 introducing specific measures in respect of certain agricultural products for the benefit of the French overseas departments as regards the structural measures (COM(2000) 774 - C5-0748/2000 - 2000/0307(CNS) )

P5_TA(2001)0340 A5-0195/2001

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 Article 37 thereof, Having regard to the Treaty establishing the European Community, and in particular Articles 37 and 299(2) thereof, Amendment 2 RECITAL 1 a (new) (1a) Article 299(2) of the Treaty states that the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt specific measures aimed at laying down the conditions of application of the Treaty to the outermost regions of the EU for the purposes, among other things, of access to the Structural Funds. Amendment 4 RECITAL 3    (3) Council Regulation (EC) No 3763/91 seeks to remedy the handicaps due to the remote and insular nature of these departments and to improve the conditions under which their agricultural products are produced and marketed.    (3) Council Regulation (EEC) No 3763/91 seeks to remedy the handicaps due to the remote and insular nature of these departments, and to other difficulties and limiting factors, and to improve the conditions under which their agricultural products are produced and marketed. Amendment 5 RECITAL 4    (4) The structures of certain agricultural holdings or processing and marketing enterprises located in the French overseas departments show serious shortcomings and are beset with specific difficulties. Provision should accordingly be made for derogations for certain types of investments from the provisions limiting or preventing the grant of some structural aid provided for in Regulation (EC) No 1257/1999.    (4) The structures of the agricultural holdings or processing and marketing enterprises located in the French overseas departments show serious shortcomings and are beset with permanent limitations and specific difficulties requiring specific action to deal with them . Provision should accordingly be made for derogations for investments by these holdings or enterprises from the provisions limiting or preventing the grant of some structural aid provided for in Regulation (EC) No 1257/1999. Amendment 6 RECITAL 5 a (new) (5a) In accordance with Article 14 of Regulation (EC) No 1260/1999, each plan, Community support framework, operational programme, or single programming document covers a period of seven years, the programming period having begun on 1 January 2000. In the interests of consistency and in order to avoid discrimination between the beneficiaries of any given programme, the derogations provided for in this Regulation should apply, on an exceptional basis, to the whole of the current programming period. Amendment 7 ARTICLE 1 Article 21, paragraph 1 (Regulation (EEC) No 3763/91)    1. Notwithstanding Article 7 of Regulation (EC) No 1257/1999, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 75% for investments intended in particular to encourage diversification, restructuring or a shift towards sustainable agriculture on agricultural holdings of very small economic size to be defined in the programme complement referred to in Article 19(4) of Council Regulation (EC) No 1260/1999.    1. Notwithstanding Article 7 of Regulation (EC) No 1257/1999, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 75% for investments intended to encourage diversification, restructuring or a shift towards sustainable agriculture on agricultural holdings of small economic size to be defined in the programme complement referred to in Article 19(4) of Council Regulation (EC) No 1260/1999. Amendment 8 ARTICLE 1 Article 21, paragraph 2 (Regulation (EEC) No 3763/91)    2. Notwithstanding Article 28(2) of Regulation (EC) No 1257/1999, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 65% for investments in small and medium-sized enterprises engaged in processing and marketing agricultural products consisting mainly of local produce in sectors to be defined in the programme complement referred to in Article 19(4) of Regulation (EC) No 1260/1999.    2. Notwithstanding Article 28(2) of Regulation (EC) No 1257/1999, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 75% for investments in small and medium-sized enterprises engaged in processing and marketing agricultural products consisting mainly of local produce in all sectors . Amendment 9 ARTICLE 1 Article 21, paragraph 3 (Regulation (EEC) No 3763/91)    3. The restriction laid down in Article 29(3) of Regulation (EC) No 1257/1999 shall not apply to forests or wooded areas located in the French overseas departments.    3. The restriction laid down in Article 29(3) of Regulation (EC) No 1257/1999 shall not apply to tropical forests or wooded areas located in the French overseas departments. Amendment 10 ARTICLE 1 Article 21, paragraph 3 a (new) (Regulation (EEC) No 3763/91) 3a. Notwithstanding the provisions of the third indent of the second subparagraph of Article 47(2) of Regulation (EC) No 1257/1999, the Community's financial contribution to the agri-environmental measures laid down in Articles 22 to 24 of that Regulation shall be 85%. Amendment 11 ARTICLE 2, PARAGRAPH 1 This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply from 1 January 2000.

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EEC) No 3763/91 introducing specific measures in respect of certain agricultural products for the benefit of the French overseas departments as regards the structural measures (COM(2000) 774 - C5-0748/2000 - 2000/0307(CNS) )

P5_TA(2001)0340 A5-0195/2001

(Consultation procedure)

The European Parliament,

-  having regard to the Commission proposal to the Council (COM(2000) 774 )(2) ,

-  having been consulted by the Council pursuant to Article 37 of the EC Treaty (C5-0748/2000 ),

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

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

-  having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Regional Policy, Transport and Tourism (A5-0195/2001 ),

1.  Approves the Commission proposal as amended;

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

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

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

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

(1) OJ C 96 E, 27.3.2001, p. 274. (2) OJ C 96 E, 27.3.2001, p. 274.

Proposal for a Council regulation amending Regulation (EEC) No 1600/92 concerning specific measures for the Azores and Madeira relating to certain agricultural products as regards the structural measures (COM(2000) 774 - C5-0749/2000 - 2000/0308(CNS) )

P5_TA(2001)0341 A5-0195/2001

The proposal was amended as follows:

Text proposed by the Commission1(1)   Amendments by Parliament Amendment 12 FIRST CITATION Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the Treaty establishing the European Community, and in particular Articles 37 and 299(2) thereof, Amendment 13 RECITAL 1 a (new) (1a) Article 299(2) of the Treaty states that the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt specific measures aimed at laying down the conditions of application of the Treaty to the outermost regions of the EU for the purposes, among other things, of access to the Structural Funds. Amendment 15 RECITAL 3    (3) Council Regulation (EEC) No 1600/92 seeks to remedy the handicaps due to the remote and insular nature of these regions.    (3) Council Regulation (EEC) No 1600/92 seeks to remedy the handicaps due to the remote and insular nature of these regions, and to other difficulties and limiting factors, and to improve the conditions under which their agricultural products are produced and marketed. Amendment 16 RECITAL 4    (4) The structures of certain agricultural holdings or processing and marketing enterprises located in these regions show serious shortcomings and are beset with specific difficulties. Provision should accordingly be made for derogations for certain types of investments from the provisions limiting or preventing the grant of some structural aid provided for in Regulation (EC) No 1257/1999.    (4) The structures of the agricultural holdings or processing and marketing enterprises located in these regions show serious shortcomings and are beset with permanent limitations and specific difficulties requiring specific action to deal with them . Provision should accordingly be made for derogations for investments by these holdings or enterprises from the provisions limiting or preventing the grant of some structural aid provided for in Regulation (EC) No 1257/1999. Amendment 17 ARTICLE 1 Article 32, paragraph 1 (Regulation (EEC) No 1600/92)    1. Notwithstanding Article 7 of Regulation (EC) No 1257/1999, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 75% for investments intended in particular to encourage diversification, restructuring or a shift towards sustainable agriculture on agricultural holdings of very small economic size to be defined in the programme complement referred to in Article 18(3) of Council Regulation (EC) No 1260/1999 .    1. Notwithstanding Article 7 of Regulation (EC) No 1257/1999, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 75% for investments in agricultural holdings intended to encourage diversification, restructuring or a shift towards sustainable agriculture. Amendment 18 ARTICLE 1 Article 32, paragraph 2 (Regulation (EEC) No 1600/92)    2. Notwithstanding Article 28(2) of Regulation (EC) No 1257/1999, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 65% for investments in small and medium-sized enterprises engaged in processing and marketing agricultural products consisting mainly of local produce in sectors to be defined in the programme complement referred to in Article 18(3) of Regulation (EC) No 1260/1999 .    2. Notwithstanding Article 28(2) of Regulation (EC) No 1257/1999, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 75% for investments in small and medium-sized enterprises engaged in processing and marketing agricultural products consisting mainly of local produce in all sectors . Amendment 19 ARTICLE 1 Article 32, paragraph 3 (Regulation (EEC) No 1600/92)    3. The restriction laid down in Article 29(3) of Regulation (EC) No 1257/1999 shall not apply to forests or wooded areas located in the Azores and Madeira.    3. The restriction laid down in Article 29(3) of Regulation (EC) No 1257/1999 shall not apply to subtropical forests or wooded areas located in the Azores and Madeira. Amendment 20 ARTICLE 1 Article 32, paragraph 3 a (new) (Regulation (EEC) No 1600/92) 3a. Notwithstanding the provisions of the third indent of the second subparagraph of Article 47(2) of Regulation (EC) No 1257/1999, the Community's financial contribution to the agri-environmental measures laid down in Articles 22 to 24 of that Regulation shall be 85%. Amendment 21 ARTICLE 1 Article 32, paragraph 3 b (new) (Regulation (EEC) No 1600/92) 3b. Notwithstanding the provisions of Article 24(2) of Regulation (EC) No 1257/1999, the annual quantities laid down in the Annex to that Regulation may be increased by up to 100% in order to allow for the specific environmental situation of certain particularly sensitive parts of the Azores and Madeira. Amendment 23 ARTICLE 2, PARAGRAPH 1 This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply from 1 January 2000.

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EEC) No 1600/92 concerning specific measures for the Azores and Madeira relating to certain agricultural products as regards the structural measures (COM(2000) 774 - C5-0749/2000 - 2000/0308(CNS) )

P5_TA(2001)0341 A5-0195/2001

(Consultation procedure)

The European Parliament,

-  having regard to the Commission proposal to the Council (COM(2000) 774 )(2) ,

-  having been consulted by the Council pursuant to Article 37 of the EC Treaty (C5-0749/2000 ),

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

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

-  having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Regional Policy, Transport and Tourism (A5-0195/2001 ),

1.  Approves the Commission proposal as amended;

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

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

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

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

(1) 1 OJ C 96 E, 27.3.2001, p. 275. (2) OJ C 96 E, 27.3.2001, p. 275.

Proposal for a Council regulation amending Regulation (EEC) No 1601/92 concerning specific measures for the Canary Islands with regard to certain agricultural products as regards the structural measures (COM(2000) 774 - C5-0750/2000 - 2000/0309(CNS) )

P5_TA(2001)0342 A5-0195/2001

The proposal was amended as follows:

Text proposed by the Commission1(1)   Amendments by Parliament Amendment 24 FIRST CITATION Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the Treaty establishing the European Community, and in particular Articles 37 and 299(2) thereof, Amendment 25 RECITAL 1 a (new) (1a) Article 299(2) of the Treaty states that the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt specific measures aimed at laying down the conditions of application of the Treaty to the outermost regions of the EU for the purposes, among other things, of access to the Structural Funds. Amendment 27 RECITAL 3    (3) Council Regulation (EEC) No 1601/92 seeks to remedy the handicaps due to the remote and insular nature of these regions.    (3) Council Regulation (EEC) No 1601/92 seeks to remedy the handicaps due to the remote and insular nature of these regions, and to other difficulties and limiting factors, and to improve the conditions under which their agricultural products are produced and marketed. Amendment 28 RECITAL 4    (4) The structures of certain agricultural holdings or processing and marketing enterprises located in these islands show serious shortcomings and are beset with specific difficulties. Provision should accordingly be made for derogations for certain types of investments from the provisions limiting or preventing the grant of some structural aid provided for in Regulation (EC) No 1257/1999.    (4) The structures of the agricultural holdings or processing and marketing enterprises located in these islands show serious shortcomings and are beset with permanent limitations and specific difficulties requiring specific action to deal with them . Provision should accordingly be made for derogations for investments by these holdings or enterprises from the provisions limiting or preventing the grant of some structural aid provided for in Regulation (EC) No 1257/1999. Amendment 29 RECITAL 4 a (new) (4a) Article 29(3) of Regulation (EC) No 1257/1999 restricts the grant of forestry support to forests and wooded areas belonging to private owners and municipalities and associations thereof. The great majority of forests and wooded areas located in these islands belong to public authorities other than municipalities. Under the circumstances, the conditions laid down Article 29 of that Regulation should be made more flexible. Amendment 30 ARTICLE 1 Article 27, paragraph 1 (Regulation (EEC) No 1601/92)    1. Notwithstanding Article 7 of Regulation (EC) No 1257/1999, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 75% for investments intended in particular to encourage diversification, restructuring or a shift towards sustainable agriculture on agricultural holdings of very small economic size to be defined in the programme complement referred to in Article 18(3) of Council Regulation (EC) No 1260/1999.    1. Notwithstanding Article 7 of Regulation (EC) No 1257/1999, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 75% for investments intended to encourage diversification, restructuring or a shift towards sustainable agriculture on all agricultural holdings, particularly those of small economic size to be defined in the programme complement referred to in Article 18(3) of Council Regulation (EC) No 1260/1999. Amendment 31 ARTICLE 1 Article 27, paragraph 2 (Regulation (EEC) No 1601/92)    2. Notwithstanding Article 28(2) of Regulation (EC) No 1257/1999, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 65% for investments in small and medium-sized enterprises engaged in processing and marketing agricultural products consisting mainly of local produce in sectors to be defined in the programme complement referred to in Article 18(3) of Regulation (EC) No 1260/1999 .    2. Notwithstanding Article 28(2) of Regulation (EC) No 1257/1999, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 75% for investments in small and medium-sized enterprises engaged in processing and marketing agricultural products consisting mainly of local produce in all sectors . Amendment 32 ARTICLE 1 Article 27, paragraph 2 a (new) (Regulation (EEC) No 1601/92) 2a. Notwithstanding the provisions of the third indent of the second subparagraph of Article 47(2) of Regulation (EC) No 1257/1999, the Community's financial contribution to the agri-environmental measures laid down in Articles 22 to 24 of that Regulation shall be 85%. Amendment 34 ARTICLE 1 Article 27, paragraph 3 a (new) (Regulation (EEC) No 1601/92) 3a. The restriction on support for forestry laid down in Article 29(3) of Regulation (EC) No 1257/1999 shall not apply to forests or wooded areas located in the Canary Islands. Amendment 35 ARTICLE 2, PARAGRAPH 1 This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply from 1 January 2000.

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EEC) No 1601/92 concerning specific measures for the Canary Islands with regard to certain agricultural products as regards the structural measures (COM(2000) 774 - C5-0750/2000 - 2000/0309(CNS) )

P5_TA(2001)0342 A5-0195/2001

(Consultation procedure)

The European Parliament,

-  having regard to the Commission proposal to the Council (COM(2000) 774 )(2) ,

-  having been consulted by the Council pursuant to Article 37 of the EC Treaty (C5-0750/2000 ),

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

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

-  having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Regional Policy, Transport and Tourism (A5-0195/2001 ),

1.  Approves the Commission proposal as amended;

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

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

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

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

(1) 1 OJ C 96 E, 27.3.2001, p. 276. (2) OJ C 96 E, 27.3.2001, p. 276.

Proposal for a Council regulation introducing specific measures for certain agricultural products for the French overseas departments (COM(2000) 791 - C5-0744/2000 - 2000/0313(CNS) )

P5_TA(2001)0343 A5-0197/2001

The proposal was amended as follows:

Text proposed by the Commission(1)   Amendments by Parliament Amendment 1 Recital 1    (1) By Decision 89/687/EEC , the Council adopted a programme of options specific to the remote and insular nature of the French overseas departments (POSEIDOM) in accordance with the Community's policy of assistance for the most remote regions. The purpose of the programme is to facilitate the economic and social development of those regions and enable them to benefit from the advantages of the single market of which they are an integral part despite the objective factors leaving them geographically and economically isolated. The programme calls for the CAP to be applied in those regions and provides for special measures to be adopted. In particular, it provides for measures to improve the conditions in which agricultural products are produced and marketed in those departments and to mitigate the effects of their exceptional geographical situation and constraints as since recognised in Article 299(2) of the Treaty.    (1) By Decision 89/687/EEC , the Council adopted a programme of options specific to the remote and insular nature of the French overseas departments (POSEIDOM) in accordance with the Community's policy of assistance for the most remote regions. The purpose of the programme is to facilitate the economic and social development of those regions and enable them to benefit from the advantages of the single market of which they are an integral part despite the objective factors leaving them geographically and economically isolated. The programme calls for the CAP to be applied in those regions and provides for special measures to be adopted. In particular, it provides for measures to improve the conditions in which agricultural products are produced and marketed in those departments and to mitigate the effects of their exceptional geographical situation and constraints as since recognised in Article 299(2) of the Treaty, when determining the conditions for the application of Community measures in the French overseas departments . Amendment 2 Recital 1 a (new) (1a) Article 299(2) of the Treaty states that the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt specific measures aimed, in particular, at laying down the conditions of application of the Treaty to the outermost regions of the European Union, in the context of, inter alia, access to the Structural Funds. Amendment 3 Recital 2    (2) The particular geographical situation of the French overseas departments imposes additional transport costs in supplying essential products for human consumption, for processing and as agricultural inputs. In addition, objective factors arising as a result of insularity impose further constraints on economic operators and producers in these islands that severely handicap their activities. This is true particularly in the case of the supply of cereals, which are not and cannot be produced in the overseas departments, rendering them dependent on external sources of supply. These handicaps can be alleviated by lowering the price of these essential products. It is therefore appropriate to introduce specific supply arrangements with a view to ensuring supply to the overseas departments from local production and to mitigating the additional costs of the remoteness and insularity of these departments.    (2) The particular geographical situation and the remoteness of the French overseas departments impose additional transport costs in supplying essential products for human consumption, for processing and as agricultural inputs. In addition, objective factors arising as a result of insularity impose further constraints on economic operators and producers in these islands that severely handicap their activities, as do other factors such as the impossibility of economies of scale, limited water and energy resources and particularly high production costs . This is true particularly in the case of the supply of cereals, which are not and cannot be produced in the overseas departments, rendering them dependent on external sources of supply. These handicaps can be alleviated by lowering the price of these essential products. It is therefore appropriate to introduce specific supply arrangements with a view to ensuring supply to the overseas departments from local production and to mitigating the additional costs of the remoteness and insularity of these departments. Amendment 4 Recital 8    (8) Traditional livestock farming activities should be supported in order to meet local consumption needs. To that end, derogations are needed from some of the provisions of the common market organisations which restrict production, to take account of the development and particular conditions of local production, which are quite different from those in the rest of the Community. This objective may also be pursued indirectly by financing genetic improvement programmes involving the purchase of pure-bred breeding animals, by purchasing commercial breeds more suited to local conditions, by supplementing the suckler cow premium and the slaughter premium, and by granting aid to develop cow's milk production.    (8) Traditional livestock farming activities should be supported in order to meet local consumption needs. To that end, derogations are needed from some of the provisions of the common market organisations which restrict production, to take account of the development and particular conditions of local production, which are quite different from those in the rest of the Community. This objective may also be pursued indirectly by financing genetic improvement programmes involving the purchase of pure-bred breeding animals, by purchasing commercial breeds more suited to local conditions, by supplementing the suckler cow premium and the slaughter premium, and by granting aid to develop cow's milk production and, where necessary, by making it possible to import from third countries male bovine animals for fattening, and to derogate from the application of the conditions governing imports of animals and animal feed provided for by Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals and swine and fresh meat from third countries(1 ). ___________ (1 ) OJ L 302, 31.12.1972, p. 28. Amendment 5 Recital 9    (9) The Community is contributing funds to regional programmes to support the production and marketing of local products in the livestock and milk products sectors in Martinique and Réunion as a temporary measure from 1996-2000. The level of local self-sufficiency in those sectors is still low. Community support can be mobilised effectively only if the local production structures are able to implement strategies tailored to the local context for economic development, spatial organisation of production and increasing the professionalism of producers. This assistance should be continued as a temporary measure to help the production of a modern, high quality sector to pick up speed. The principle of extending this support to French Guiana and Guadeloupe has been accepted, on condition that local inter-branch organisations are set up.    (9) The Community is contributing funds to regional programmes to support the production and marketing of local products in the livestock and milk products sectors in Martinique and Réunion as a temporary measure from 1996-2000. The level of local self-sufficiency in those sectors is still low. Community support can be mobilised effectively only if the local production structures are able to implement strategies tailored to the local context for economic development, spatial organisation of production and increasing the professionalism of producers. This assistance should be continued to help the production of a modern, high-quality sector to pick up speed. The principle of extending this support to French Guiana and Guadeloupe has been accepted, on condition that local inter-branch organisations are set up. Amendment 6 Recital 9 a (new) 9a. The opportunity provided by the reform of the COM in beef and veal should be seized to protect the local livestock sectors of the French overseas departments and the other outermost regions of the European Union, as well as the consumer, from the risks arising from BSE and its social and economic impact. Amendment 7 Recital 15 a (new) (15a) The Commission should apply enterprise development policy in an effective fashion to the SMEs in the agri-food sector in the outermost regions of the European Union. Amendment 8 Recital 16    (16) The structures of certain farms and processing and marketing firms in the French overseas departments are seriously defective and face specific difficulties. It should therefore be possible to derogate for some types of investment from the provisions restricting or prohibiting the grant of some of the structural aid provided for in Council Regulation (EC) No 1257/1999.    (16) The structures of certain farms and processing and marketing firms in the French overseas departments are seriously defective and face specific difficulties. It should therefore be possible to derogate for investment by such farms or firms from the provisions restricting or prohibiting the grant of some of the structural aid provided for in Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations . Amendment 9 Recital 18 a (new) (18a) Provision should be made to adopt the transitional rules required to ease the change from the arrangements laid down in Regulation (EEC) No 3763/91 to the new arrangements laid down by this Regulation so as to avoid breaks in continuity should existing measures be extended. Amendment 10 Article 1 This Regulation lays down specific measures to remedy the difficulties caused by the remote and insular nature of the French overseas departments in respect of certain agricultural products. This Regulation lays down specific measures to remedy the difficulties caused by the remote and insular nature and other specific limitations of the French overseas departments in respect of certain agricultural products. Amendment 11 Article 3, paragraph 1, subparagraphs 1 and 2    1. No duties shall apply to direct imports into the overseas departments of products covered by the specific supply arrangements if they originate in the countries and territories listed in Annex III to Regulation (EC) No 2820/98 , within the limit of the quantities determined in the supply balance.    1. No duties shall apply to direct imports into the overseas departments of products covered by the specific supply arrangements if they originate in third countries, within the limit of the quantities determined in the supply balance. In the event of exceptional supply difficulties, exemption from duty may be extended to products originating in other third countries. The competent French authorities shall inform the Commission immediately of cases where they intend to avail themselves of this option. Amendment 12 Article 3, paragraph 2, subparagraph 2 Such aid shall be fixed to take account of the additional cost of transport to the overseas departments and the prices applied to exports to third countries and, in the case of agricultural inputs and products intended for processing, the additional costs of insularity. Such aid shall be composed of a fixed amount to take account of the additional cost of transport to the overseas departments and, in the case of agricultural inputs and products intended for processing, the additional costs of insularity and an additional fixed amount proportionate to the prices applied to exports to third countries . Amendment 13 Article 3, paragraph 3, indent 2    - traditional trade flows with the rest of the Community,    - trade flows with the rest of the Community, Amendment 14 Article 3, paragraph 3, indent 3    - the possibilities for supply from the neighbouring developing countries, Deleted Amendment 15 Article 3, paragraph 5, subparagraph 2 Where the products concerned are processed in the overseas departments, the aforesaid prohibition shall not apply to traditional exports or shipments of the processed products to the rest of the Community. In the case of traditional exports, no refund shall be granted. Where the products concerned are processed in the overseas departments, the aforesaid prohibition shall not apply to traditional exports or shipments of the processed products to the rest of the Community. In the case of traditional exports, export refunds may be granted for products manufactured in the overseas departments using raw materials imported under the specific supply arrangements and processed to a sufficient degree there . Amendment 16 Article 3, paragraph 6    6. Detailed rules for applying this Title shall be adopted in accordance with the procedure referred to in Article 19(2). These shall include, in particular:    6. Detailed rules for applying this Title shall be adopted in accordance with the procedure referred to in Article 19(2). These shall include, in particular:    - the fixing of aid for supply from the rest of the Community,    - the fixing of aid for supply from the rest of the Community,    - provisions to ensure that the advantages granted are actually passed on to the end user,    - provisions to ensure that the advantages granted are actually passed on to the end user,    - application where necessary of the second subparagraph of Article 3(1),    - introduction if necessary of a system of import or delivery licences.    - introduction if necessary of a system of import or delivery licences. The Commission shall draw up supply balances in accordance with the procedure referred to in the first subparagraph. It may revise those balances, and the list of products in Annex I, in accordance with the same procedure, in the light of changes in the overseas departments' requirements. The Commission shall draw up supply balances in accordance with the procedure referred to in the first subparagraph. It may revise those balances, and the list of products in Annex I and the aids granted , in accordance with the same procedure, in the light of changes in the overseas departments' requirements. Amendment 17 Article 3 a (new) Article 3a Within the limit of an annual quantity of 8 000 tonnes, the levy fixed pursuant to Articles 10 and 11 of Regulation (EEC) No 1766/92 shall not apply to imports into Réunion of wheat bran falling within CN code 2302 30 from the ACP States. Amendment 18 Article 4, paragraph 1, subparagraph 1    1. Community aid shall be granted for the conclusion of annual contracts concerning the disposal and marketing in Guadeloupe, Martinique and the rest of the Community of rice harvested in French Guiana, within the limit of an annual volume of 12 000 tonnes of wholly milled rice equivalent. As regards disposal and marketing in the rest of the Community, aid shall be granted for a maximum of 4 000 tonnes.    1. Community aid shall be granted for the conclusion of annual contracts concerning the disposal and marketing in Guadeloupe, Martinique and the rest of the Community of rice harvested in French Guiana, within the limit of an annual volume of 20 000 tonnes of wholly milled rice equivalent. As regards disposal and marketing in the rest of the Community, aid shall be granted for a maximum of 8 000 tonnes. Amendment 19 Article 4, paragraph 2    2. Detailed rules for applying this Article shall be adopted in accordance with the procedure referred to in Article 19(2).    2. Detailed rules for applying this Article shall be adopted in accordance with the procedure referred to in Article 19(2). Under the same procedure, the Commission may revise the volumes referred to in paragraph 1, first subparagraph. Amendment 20 Article 5, paragraph 5 a (new) 5a. The Commission shall finance a study with a view to the integrated development of the livestock sector of the French overseas departments, which shall include all aspects of the process, with the aim of improving the way it is organised . Amendment 21 Article 5 a (new) Article 5a    1. Until the local young male bovine animal population has attained a sufficient level to develop local meat production, and without exceeding the ceiling laid down in Article 6, bovine animals originating in third countries and intended for consumption in the overseas departments may be imported free of the customs duties referred to in Article 30 of Council Regulation (EC) No 1254/1999(1 ) in order to be fattened locally.    2. The numbers of animals qualifying for the exemption referred to in paragraph 1 shall be determined, where there is a proven need to import, in the light of the local production trend. The numbers and the detailed rules for implementing this Article, including in particular the minimum duration of the fattening period, shall be laid down in accordance with the procedure set out in Article 19(2). ____________ ( 1 ) OJ L 160, 26.6.1999, p.21. Amendment 22 Article 5 b (new) Article 5b The following article is hereby inserted after Article 31 in Directive 72/462/EEC : "Article 31a Without prejudice to Article 18 of Directive 97/78/EC( 1 ) or to Article 13 of Directive 91/496/EEC (2 ), the Commission may, in accordance with the procedure laid down in Article 29, derogate from this Directive with regard to imports into the French overseas departments. When the decisions provided for in the preceding paragraph are taken, the rules applicable after importation shall be laid down in accordance with the same procedure. ____________ (1 ) OJ L 24, 30.1.1998, p. 9. (2 ) OJ L 268, 24.9.1991, p. 56." Amendment 23 Article 6, paragraph 1    1. The aid provided for in (a) and (b) below shall be granted to assist traditional activities connected with beef and veal production and measures to improve product quality, within the limits of the consumption needs of the overseas departments as assessed in the context of a periodic supply balance.    1. The aid provided for in (a), (b) and (ba) below shall be granted to assist traditional activities connected with beef and veal production and measures to improve product quality, within the limits of the consumption needs of the overseas departments as assessed in the context of a periodic supply balance. The balance shall take account of breeding animals supplied under Article 5. The balance shall take account of breeding animals supplied under Article 5.    (a) A supplement to the suckler cow premium provided for in Article 6 of Regulation (EC) No 1254/1999 shall be paid to beef and veal producers. The amount of this supplement shall be EUR 50 per suckler cow held by the producer on the day on which the application is submitted.    (a) A supplement to the suckler cow premium provided for in Article 6 of Regulation (EC) No 1254/1999 shall be paid to beef and veal producers. The amount of this supplement shall be EUR 100 per suckler cow held by the producer on the day on which the application is submitted.    (b) A supplement to the slaughter premium provided for in Article 11 of Regulation (EC) No 1254/1999 shall be paid to beef and veal producers. The amount of the supplement shall be EUR 25 per head.    (b) A supplement to the slaughter premium provided for in Article 11 of Regulation (EC) No 1254/1999 shall be paid to beef and veal producers. The amount of the supplement shall be EUR 100 per head.    (ba) A supplement to the special premium for fattening male bovine animals provided for in Article 4 of Regulation (EC) No 1254/1999 shall be paid to beef and veal producers for each animal reaching a minimum weight to be determined by the Commission. The amount of the supplement shall be EUR 40 per head. Amendment 24 Article 7, paragraph 1, subparagraphs 3 and 4 Aid shall be paid each year within the limits of a maximum quantity of 40 000 tonnes of milk. Aid shall be paid each year within the limits of a maximum quantity of 40 000 tonnes of milk. This ceiling shall apply from the 2000/01 marketing year. Amendment 25 Article 8, paragraph 1, subparagraph 1    1. In the period 2001-05 , aid shall be granted to implement in both Martinique and Réunion a comprehensive programme to support the production and marketing of local produce in the livestock and milk products sectors.    1. In the period 2001-10 , aid shall be granted to implement in both Martinique and Réunion a comprehensive programme to support the production and marketing of local produce in the livestock and milk products sectors. This aid shall be granted with effect from 1 January 2001. Amendment 26 Article 9, paragraph 1, subparagraph 1    1. Aid shall be granted in respect of the fruits, vegetables, flowers and live plants listed in Chapters 6, 7 and 8 of the combined nomenclature, the peppers and fruits of the genus Capsicum and of the genus Pimenta falling within CN code 0904 and the spices falling within CN code 0910 harvested in the overseas departments and intended to supply their domestic market. The aid shall not be granted for bananas other than plantains falling within CN code 0803 00 11.    1. Aid shall be granted in respect of the fruits, vegetables, flowers and live plants listed in Chapters 6, 7 and 8 of the combined nomenclature, the peppers and fruits of the genus Capsicum and of the genus Pimenta falling within CN code 0904 and the spices falling within CN code 0910 harvested in the overseas departments and intended to supply their domestic market. In Guadeloupe and Martinique the aid shall not be granted for bananas other than plantains falling within CN code 0803 00 11. Amendment 27 Article 11, paragraph 1,subparagraph 2 This programme shall include incentives to improve the conditions in which pineapple is produced, marketed and processed, to restructure and improve the competitiveness of the sector, and to ensure the survival of small farms. The programme shall not qualify for aid granted under Articles 9, 10 and 12 . This programme shall include incentives to improve the conditions in which pineapple is produced, marketed and processed, to restructure and improve the competitiveness of the sector, and to ensure the survival of small farms. The programme shall not qualify for aid granted under Article 10. Amendment 28 Article 12, paragraph 5, subparagraph 2 However, in respect of melons falling within CN code ex 0807 10 90, aid may be granted in a department for a quantity exceeding 3 000 tonnes provided that the total volume eligible for aid for all the overseas departments is not exceeded. However, aid may be granted in a department for a quantity exceeding 3 000 tonnes provided that the total volume eligible for aid for all the overseas departments is not exceeded. Amendment 29 Article 13, paragraph 2 a (new) 2a. The transport aid referred to in paragraph 1 shall be granted with effect from the 2001-2002 marketing year. Amendment 30 Article 16, paragraph 1 a (new) 1a. Within the framework of Council Regulation (EC) No 2826/2000 of 19 December 2000 on information and promotion actions for agricultural products on the internal market(1 ), priority shall be accorded to promotion campaigns for the use of this graphic symbol. Additional funding may be granted up to 25% over the limit set by Article 9(2) of that Regulation. _____________ ( 1 ) OJ L 328, 23.12.2000, p. 2. Amendment 31 Article 18, paragraph 1    1. Notwithstanding Article 7 of Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 75% for investments intended in particular to encourage diversification, restructuring or a shift towards sustainable agriculture on agricultural holdings of very small economic size to be defined in the programming complement referred to in Article 19(4) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds.    1. Notwithstanding Article 7 of Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 75% for investments intended in particular to encourage diversification, restructuring or a shift towards sustainable agriculture on agricultural holdings of small economic size to be defined in the programming complement referred to in Article 19(4) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds. Amendment 32 Article 18, paragraph 2    2. Notwithstanding Article 28(2) of Regulation (EC) No 1257/1999, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 65% for investments in small and medium-sized enterprises engaged in processing and marketing agricultural products consisting mainly of local produce in sectors, to be defined in the programme complement referred to in Article 19(4) of Regulation (EC) No 1260/1999 .    2. Notwithstanding Article 28(2) of Regulation (EC) No 1257/1999, the total value of the aid, expressed as a percentage of the volume of eligible investments, shall not exceed 75% for investments in small and medium-sized enterprises engaged in processing and marketing agricultural products consisting mainly of local produce in all sectors. Amendment 33 Article 18, paragraph 3    3. The restriction provided for in Article 29(3) of Regulation (EC) No 1257/1999 shall not apply to forests and wooded areas situated in the territory of the French overseas departments.    3. The restriction provided for in Article 29(3) of Regulation (EC) No 1257/1999 shall not apply to tropical forests and wooded areas situated in the territory of the French overseas departments. Amendment 34 Article 18, paragraph 3 a (new) 3a. Notwithstanding the provisions of the third indent of the second subparagraph of Article 47(2) of Regulation (EC) No 1257/1999, the Community's financial contribution to the agri-environmental measures laid down in Articles 22 to 24 of that Regulation shall be 85%. Amendment 35 Article 19, paragraph 1, subparagraph 5 For the purposes of implementing Title IV, the Commission shall be assisted by the Committee on Agricultural Structures and Rural Development established by Article 50 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds. For the purposes of implementing Title IV, the Commission shall be assisted by the Committee on the Development and Conversion of Regions and by the Committee on Agricultural Structures and Rural Development established by Articles 48 and 50 respectively of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds. Amendment 36 Article 23, paragraph 2 a (new) 2a. In the light of the conclusions of the reports or on a detailed request by the Member State, the Commission shall submit the appropriate adjustments wherever this proves necessary. Amendment 37 Article 24, paragraph 2 Regulation (EEC) No 525/77 is hereby repealed. Regulation (EEC) No 525/88 is hereby repealed, but shall, by way of derogation, apply to the 2001-2002 marketing year. Amendment 38 Article 24 a (new) Article 24a The Commission may adopt the transitional measures required to bring about a smooth change from the arrangements in force in the year 2000 or the 2000/01 marketing year and the arrangements resulting from the provisions laid down in this Regulation. It shall ensure in particular that there are no breaks in continuity should existing measures be extended. Amendment 39 Annex I, last footnote    - Wheat bran falling within CN code 230 230(1 ). __________ (1 ) Only Réunion qualifies for the supply arrangements referred to in Articles 2 and 3, and only for products originating in the ACP States , up to an annual quantity of 8 000 tonnes.    - Wheat bran falling within CN code 230 230(1 ). ___________ (1 ) Only Réunion qualifies for the supply arrangements referred to in Articles 2 and 3, and only for products originating in third countries up to an annual quantity of 15 000 tonnes. Amendment 40 Annex I, new indents    - Lucerne    - Soya cakes CN code 2304 Amendment 41 Annex II, correlation table Article 10/Deleted Article 10(1)/Decision 90/424/EEC Article 10(2)/Article 5b