European Parliament resolution on the Commission Memorandum on Lifelong Learning (SEC(2000) 1832 ) - C5-0192/2001 - 2001/2088(COS) )

P5_TA(2001)0525 A5-0322/2001

The European Parliament,

-  having regard to the Commission memorandum (SEC(2000) 1832 - C5-0192/2001 ),

-  having regard to the European Year of Lifelong Learning (1996) and its resolution of 8 September 2000 on the report on the implementation, results and overall assessment of the European Year of Lifelong Learning (1996)(1) ,

-  having regard to the Luxembourg European Council (1997) which made increased employability and adaptability through training a priority topic in the "employment guidelines",

-  having regard to the conclusions of the Lisbon, Feira and Stockholm European Councils,

-  having regard to the OECD publication "Education policy analyses",

-  having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 14 thereof, which guarantees that everyone has the right to education and to have access to vocational and continuing training,

-  having regard to Articles 149 and 150 of the EC Treaty,

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

-  having delegated the power of decision to the Committee on Culture, Youth, Education, the Media and Sport under Rule 62 of its Rules of Procedure,

-  having regard to the report of the Committee on Culture, Youth, Education, the Media and Sport and the opinion of the Committee on Employment and Social Affairs (A5-0322/2001 ),

A.  whereas we are living in a rapidly changing 'knowledge society' characterised by the continual introduction of new technology, and the exponential growth in the quantity of information and in the speed with which this information is spread,

B.  whereas the knowledge society can considerably improve the quality of life and work for everyone, provided that at the same time policy measures are taken to guarantee equal chances for everyone to participate actively in that society,

C.  whereas the present-day economy, based chiefly on knowledge and mobility, makes it necessary for everyone to have the opportunity to add to their skills so that they are able to face up to potential new risks linked to the rapid development of society and the new technologies; whereas, in particular, merely obtaining a qualification no longer determines one's career for the rest of one's life; whereas the traditional pattern of life (study-work-retirement) is coming under pressure,

D.  whereas, according to OECD studies, people with higher education qualifications have easier access to lifelong learning, continuing education, training and re-training, and whereas access to information regarding training offered for those without higher education should therefore be improved,

E.  having regard to the conclusions of the Lisbon European Council seeking to make the European Union the world's most competitive knowledge-based economy and society,

F.  whereas the European lifelong learning project forms part of the wider policy framework of future education and training objectives; whereas this European project cannot be divorced from other specific European policy issues such as employment, social policy, mobility, ICT and e-learning,

G.  whereas lifelong learning concerns all socio-economic sectors, workers, employees, academics, management, researchers and others, and this diversity should be taken into account by the Union and the Member States when setting up training programmes and their funding,

H.  whereas enlargement will change the market for employment and vocational training,

I.  whereas the "employment guidelines", which have been used since 1997 to coordinate the employment policies of the Member States, include lifelong learning as one of their priorities; whereas the 2001 guidelines to the Member States call for target figures to be set for the participation of people in the 25-64 age bracket in lifelong learning and call on both sides of industry to negotiate on subjects such as participation in training,

1.  Supports the strategy, outlined by the Commission, of initiating a broad social debate on lifelong learning;

2.  Is convinced that lifelong learning is a social necessity but should also be a social right for everyone;

3.  Calls on the Commission to ensure that the concrete policy measures on lifelong learning are based on the following principles:

4.  Notes that lifelong learning sometimes calls for a radical change in policy on education, training and the labour market and sometimes for supporting measures, such as:

5.  Considers that, if lifelong learning is to be effective, a distinction needs to be made among the large segments of which it is composed so as to organise programmes with a definite profile and coherent objectives; considers that a distinction needs to be drawn between courses targeted at the incorporation of new knowledge into professions, and courses aimed at the acquisition of the skills necessary for social integration;

6.  Considers that the efforts of the Union, the Member States and the regions with regard to lifelong learning must be aligned by the open coordination method, with common objectives, guidelines, indicators and benchmarking on the basis of best practice in Member States, regular monitoring and evaluation of the progress made; calls on the Commission to draft proposals for Member States to act and calls for the European Parliament to be involved in these activities;

7.  Calls on the Commission to define lifelong learning concepts clearly in the proposals it draws up in the future, differentiating between:

8.  Calls on the Commission and the Member States to ensure greater coordination of existing funding in order as far as possible to guarantee the right to education and access to vocational and continuing training for each citizen;

9.  Calls on the Member States, in the context of the 2002 Employment Guidelines, to set specific objectives and adopt practical measures, organised according to age group and level of training, for participation in education and training measures;

10.  Calls on the Commission to announce, by the end of 2001, the action plan which it envisages in the area of lifelong learning, involving the European Parliament in its reflections;

11.  Calls on both sides of industry to ensure as a matter of urgency, in implementation of the "employment guidelines" and the social agenda, that binding agreements are reached regarding the right to lifelong learning at European level;

12.  Calls on the Commission and the Member States, through the method of open coordination, to devise a system broadly based on "credits" bringing together existing evaluation and recognition instruments in a coherent, transparent system covering not only regular but also irregular and informal experience;

13.  Calls on the Commission, to apply the principle of mainstreaming to the lifelong learning policy, as to other areas, so that lifelong learning can be horizontally integrated into the operation of the ESF and into Community programmes;

14.  Calls on the Commission to include in the lifelong learning and training process workers who are not nationals of a Member State but who have acquired the right to work;

15.  Calls on the Commission and the Member States to draft proposals for the funding of the lifelong learning project; urges that the EIB be involved in these proposals, given that the development of human capital is an integral part of the EIB's new package of tasks;

16.  Calls on the Commission and the Member States, under their common responsibility and on the basis of best practice, to adopt promotion measures at individual level; supports in this context the system of "individual learning accounts" as used, for example, in the UK and in Sweden;

17.  Stresses the impact of enlargement on the labour and training market and calls on the Commission to take this into account in the priorities and actions which it is to undertake in the area of lifelong learning;

Lifelong Learning and Employment

18.  Stresses that the adaptation of education and training systems with a view to integrating the concept of lifelong learning is - in conformity with the principle of subsidiarity - primarily a matter of the Member States; takes the view, however, that a jointly coordinated effort at EU-level is desirable to enable Member States to exchange examples of good practice; considers, therefore, the open coordinating method the right framework for setting common objectives for lifelong learning;

19.  Considers that the primary obstacles to the development of lifelong learning systems are the lack of agreements and the fundamental disagreements on forms of funding and the setting of priorities;

20.  Believes that the choices and priority issues need to be identified to allow political action to concentrate on the essentials;

21.  Believes that there is a direct link between quality of work and lifelong learning, and therefore calls on the Commission to explain how the policies on lifelong learning, quality of work and the organisation of work can be mutually supportive;

22.  Considers it important for lifelong education to be included as a clear priority for political action, in order to ensure employability, which is a vital prerequisite for active citizenship, and to make it possible to achieve economic growth where people are the main resource and combat social exclusion;

23.  Hopes that the situation in the various candidate countries concerning education and training will be ascertained and included in the overall picture;

24.  Considers that there is a need to develop towards an integrated society which offers everyone equal opportunities for quality lifelong learning;

Basic school systems

25.  Raises the question of how the basic school systems in the Member States, which are the foundation for lifelong learning, may be improved in quality and transformed to meet present and future needs;

26.  Points to the widespread need for modern, appropriately sized school buildings, equipment that meets modern educational standards and, for teaching purposes, smaller classes, access to new technologies, use of computers, knowledge of programmes and Internet connections;

27.  Considers that teachers, as key individuals in a knowledge-based society, must have access to facilities to enable them to upgrade their knowledge and a greater range of further training geared to the needs of society and, in view of the importance of their social role, appropriate pay and proper recognition of their activity;

28.  Considers that educational organisations generally need to be freed of red tape, decentralised and opened up to the community;

29.  Points out that giving teachers more scope for proposing initiatives and pupils and parents greater and more active involvement may improve the quality of the education provided;

30.  Calls, in order to ensure good cohesion between the education system and local labour markets, for proposals on how to transform schools into open and attractive local learning centres;

31.  Notes the need to promote lifelong learning at local and regional levels by establishing effective community networks;

Adult education systems

32.  Recognises that adult education systems are important to both industry and employment as well as for well-being, culture and personal development and therefore need to be extended, overhauled and diversified in order to meet the many new needs;

33.  Points out that any large-scale employer has to have a training and skill-development plan agreed between both sides of industry and jointly managed in accordance with agreements and national legislation;

34.  Recognises that lifelong learning is important throughout life and not only in relation to paid employment or the labour market; points out that the notion of lifelong learning should also apply to the time after retirement and the access of older people - either retired or employed - to lifelong learning schemes should be facilitated;

35.  Calls on the Member States to ensure that older people, the disabled and others outside the world of work are offered opportunities for further education to meet their personal educational ambitions and to become involved in cultural activities;

36.  Stresses that the education systems in the EU should, inter alia, support the labour market and the development of a genuinely European labour market which leads to greater cross-border mobility; calls for mutual recognition of diplomas;

Financing

37.  Notes that the necessary increase in quality in basic education will inevitably involve substantial and in some cases very substantial increases in spending;

38.  Points out that vocational training, further training and higher education, which are increasing at a greater rate than other parts of the educational system, also require considerable increases in spending;

39.  Calls for a discussion on how these costs can be apportioned in the Member States between individuals, employers and public bodies both effectively and in a spirit of solidarity;

40.  Assumes that the cost of in-service training and further training of staff is an investment in human capital and that the financial resources, the budget, the educational targets and the necessary measures will be established and organised with the involvement of both sides of industry and other relevant groups in the community and in accordance with national labour market regulation;

41.  Draws particular attention to the fact that most Member States have few or no forms of funding retraining for a new occupation, something which is particularly necessary during crisis situations and industrial redevelopment;

42.  Draws attention to the proposal that all persons should be entitled to a certain number of years of public education, which implies that those who left school early are entitled later in life to complementary education with a view to acquire the necessary vocational qualifications that will enable them to play an active role in society and give them access to the labour market;

43.  Draws attention to the link between the cost of education as an investment and as a source of added value, and considers that this approach should form the basis of a policy for the long-term funding of education;

The European Union's role

44.  Calls for an open political debate on the three strategies for education and employment adopted simultaneously at the Lisbon European Council and points out that the problem of setting priorities has yet to be solved;

45.  Supports the proposal that the open coordination procedure should be applied to lifelong learning and in particular stresses the need for guidelines on resources, organisation and links between the various educational institutions;

46.  Would like to see the open coordination take the form of a "bottom-up” rather than the "top-down” process devised for employment policy and calls for more emphasis to be placed on developing a positive attitude to lifelong learning amongst socially excluded groups;

47.  Stresses the vital importance of the knowledge of two languages for cross-border cooperation in Europe and in the world;

48.  Draws attention to the need for coordination between countries, with due regard for the Member States" autonomy in this sector, on educational programmes, student and teacher mobility, mutual recognition of diplomas, admission criteria for training and vocational courses, and exchange of best practice;

49.  Hopes that these views will also be noted by the Commission and taken into account in the continuing work on the forthcoming plan of action for lifelong learning;

o
o   o

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

(1) OJ C 135, 7.5.2001, p. 304.

Proposal for a European Parliament and Council directive amending Council Directive 93/42/EEC , as amended by Directive 2000/70/EC, as regards medical devices incorporating stable derivates of human blood or human plasma (COM(2001) 480 - C5-0382/2001 - 2001/0186(COD) )

(Codecision procedure: first reading)

Draft Council decision on the protection of the euro against counterfeiting (10616/2001 - C5-0362/2001 - 2001/0804(CNS) )

(Consultation procedure - reconsultation)

The draft was approved.

Proposal for a Council regulation amending Regulation (EEC) No 2262/84 laying down special measures in respect of olive oil (COM(2001) 455 - C5-0437/2001 - 2001/0181(CNS) )

(Consultation procedure)

Proposal for a European Parliament and Council decision laying down a Community Action Programme promoting non-governmental organisations primarily active in the field of environmental protection (COM(2001) 337 - C5-0281/2001 - 2001/0139(COD) )

P5_TA(2001)0529 A5-0317/2001

The proposal was amended as follows:

Text proposed by the Commission (1)   Amendments by Parliament Amendment 1 Recital 10 a (new) (10a) The annual appropriations are decided by the budgetary authority in the budgetary procedure. Amendment 29 Article 1, paragraph 2    2. The general objective of this Programme shall be to promote NGOs, which are primarily active in the field of environmental protection at a European level and which contribute, or have the ability to contribute, to the development and implementation of Community environmental policy and legislation in all regions of Europe. The Programme shall also promote the systematic involvement of NGOs at all stages of the Community environmental policy-making process, by ensuring relevant representation in stakeholder consultation meetings and public hearings.    2. The general objective of this Programme shall be to promote NGOs which are primarily active in the field of environmental protection and enhancement, or also active in the field of animal protection provided that such activities serve to achieve environmental protection objectives, at a European level and which contribute, or have the ability to contribute, to the development and implementation of Community environmental policy and legislation in all regions of Europe. The Programme shall also promote the systematic involvement of NGOs at all stages of the Community environmental policy-making process, by ensuring relevant representation in stakeholder consultation meetings and public hearings. Amendment 30 Article 2, point (a)    (a) it must be an independent and non-profit-making legal person primarily active in the field of environmental protection, with an environmental objective aimed at the public good;    (a) it must be an independent and non-profit-making legal person primarily active in the field of environmental protection and enhancement, or also active in the field of animal protection provided that such activities serve to achieve environmental protection objectives, with an objective aimed at the public good; Amendment 31 Article 2, point (b)    (b) it must be active at a European level, with a structure (membership base) and activities covering at least three European countries;    (b) it must be active at a European level, either singly or in the form of several coordinated associations, with a structure (membership base) and activities covering at least three European countries, except in the case of organisations operating in two of the accession countries, where this will be deemed desirable but not essential as a specific derogation; Amendment 5 Article 2, point (b a) (new)    (ba) it must develop networks between organisations in Member States and organisations in the accession countries; Amendment 6 Article 2 point (c a) (new)    (ca) it must encourage partnerships with organisations in the public and private sector; Amendment 7 Article 2 point (d a) (new)    (da) it must be able to attract part-financing from external sources. Amendment 8 Article 3 a (new) Article 3 a Given the importance for sustainable development and for the health and quality of life of European citizens, the Programme identifies, in particular, the priority issues from the Sixth Environment Action Programme, that have been grouped under four main headings:    - limiting climate change,    - nature and bio-diversity - protecting a unique resource,    - health and environment,    - ensuring the sustainable management of natural resources and wastes. The Sixth Environment Action Programme will be subject to a review in the fourth year of operation and revised and updated, as necessary, to take account of new developments and information. In addition to the above-mentioned areas, environmental education and implementation and enforcement of Community environmental legislation shall also be priorities. Amendment 9 Article 4, paragraph 2    2. The Call for Proposals shall set out the eligibility, selection and award criteria and the application, assessment and approval procedure.    2. The Call for Proposals shall include an information package and shall set out the eligibility, selection and award criteria (including details of the proposed weighting system) and the application, assessment and approval procedure. Amendment 10 Article 4, paragraph 3    3. After assessing the proposals, the Commission shall decide which organisations are to receive financing in the following year, by 31 December each year, save for a delay in the adoption of the Community budget . The decision shall give rise to an agreement between the Commission and the beneficiary, fixing the maximum amount of the grant, the modalities of payment, the control and monitoring measures and the objectives to be achieved by the grant.    3. After assessing the proposals, the Commission shall decide by 31 December each year, except where adoption of the Community budget is delayed, which organisations are to receive financing in the following year . The decision shall give rise to an agreement between the Commission and the beneficiary, fixing the maximum amount of the grant, the modalities of payment, the control and monitoring measures and the objectives to be achieved by the grant. Payment shall be made immediately. Amendment 11 Article 4, paragraph 3 a (new) 3a. The Commission shall publish in the Official Journal of the European Communities by 30 September 2002 an explanation of how it will thereafter determine the legitimacy of NGO applicants in terms of public support or particular expertise, and details of the fixed weighting system used in assessing applications. Amendment 12 Article 4, paragraph 3 b (new) 3b. Selection and procedures shall be transparent and easy to comprehend. The Commission shall invite two representatives of the European Parliament to attend selection and award meetings as observers. Amendment 13 Article 6, paragraph 1, subparagraph 2 The amount shall be determined annually according to a fixed weighting system, which takes into account the score values resulting from the assessment described in Article 5 and the relative size of the NGOs as outlined in part 3 of the Annex. The amount shall be determined annually according to a fixed weighting system, which takes into account the score values resulting from the assessment described in Article 5 and the principles as outlined in part 3 of the Annex. Amendment 14 Article 6, paragraph 2    2. A beneficiary under this Programme shall be free to use the grant to cover eligible expenses of the organisation , as it deems appropriate, over the grant year. All expenses incurred by the beneficiary during the grant year shall be considered eligible, except for those specified in point 4 of the Annex.    2. A beneficiary under this Programme shall be free to use the grant to cover eligible expenses of the NGO , as it deems appropriate, over the grant year. All expenses incurred by the beneficiary during the grant year shall be considered eligible, except for those specified in part 4 of the Annex. Beneficiaries may also disburse funds to partners or member organisations in accordance with details specified in the approved work programme. Amendment 15 Article 6, paragraph 2 a (new) 2a. Contributions in kind or work done without payment may be fully credited as expenses in monetary terms. Amendment 16 Article 6, paragraph 5 a (new) 5a. The Commission shall provide unsuccessful applicants with reasons for the NGO's failure to meet the requirements, giving sufficient explanation to enable them to identify reforms needed prior to making new applications. Amendment 17 Article 7, paragraph 3    3. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.    3. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective. They shall take into account the conditions stated in Article 11. Amendment 18 Article 8    1. In order to protect the European Communities" financial interests against fraud and other irregularities, the Commission may carry out on-the-spot checks and inspections under this Programme in accordance with Council Regulation (EURATOM, EC) No 2185/96 of 11 November 1996. In addition, investigations conducted by the European Anti-Fraud Office (OLAF) are governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council.    1. In order to protect the European Communities" financial interests against fraud and other irregularities, the Commission may carry out on-the-spot checks and inspections under this Programme in accordance with Council Regulation (EURATOM, EC) No 2185/96 of 11 November 1996(1) . If appropriate , investigations shall be conducted by the European Anti-Fraud Office (OLAF). Such investigations shall be governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999(2) .    2. The beneficiary of a grant shall keep available for the Commission all the supporting documents, including the audited financial statement, regarding expenditure incurred during the grant year for a period of five years following the last payment.    2. The beneficiary of a grant and, where appropriate, its partners or members, shall keep available for the Commission all the supporting documents, including the audited financial statement, regarding expenditure incurred during the grant year for a period of five years following the last payment. ___________ (1) OJ L 292, 15.11.1996, p. 2. (2) OJ L 136, 31.5.1999, p. 1. Amendment 19 Article 10 A list of the beneficiaries to be financed under this Programme, together with the amount allocated, shall be published each year in the Official Journal of the European Communities. A list of the beneficiaries to be financed under this Programme, together with the amount allocated and the score value achieved , shall be published each year in the Official Journal of the European Communities. Each applicant whose application is rejected shall receive an easily comprehensible, justified notification setting out the score value achieved and the score value which would have been required for a positive decision. Amendment 20 Article 11, paragraph -1 (new) The Commission shall provide by 30 April each year a report on the process of allocating grants for the current year, and outcomes from grants for the previous year. The report shall include an explanation of how the Commission has selected beneficiaries for the current year. The Commission shall convene a meeting of Member States, representatives of the European Parliament and other stakeholders to discuss this report by 30 June each year. Amendment 21 Article 11, paragraph 1 By 31 December 2004 at the latest, the Commission shall submit a report to the European Parliament and the Council on the achievement of the objectives of this Programme during the first three years and shall, if appropriate, make proposals for any adjustment to be made with a view to continuing or not continuing the Programme. This Report shall be based on the reports concerning beneficiaries" performance and assess, in particular, their effectiveness in contributing to the objectives stated in Article 1 and the Annex. By 31 December 2004 at the latest, the Commission shall submit a report to the European Parliament and the Council on the achievement of the objectives of this Programme during the first three years and shall, if appropriate, make proposals for any adjustment to be made with a view to continuing or not continuing the Programme. This Report shall be based on the reports concerning beneficiaries" performance and shall assess, in particular, their effectiveness in contributing to the objectives stated in Article 1 and the Annex. When the Commission submits the preliminary draft budget, it shall forward to the budgetary authority the result of the quantitative and qualitative evaluation of the measure based on the annual programme and on the performance indicators. Amendment 22 Annex, point 2, indent 1, sub-indent 3 a (new)    - Relevance in terms of strengthening European links and interconnection among small regional or local associations working in their respective areas to apply the acquis communautaire in relation to the environment and sustainable development. Amendment 23 Annex, point 3, point 1    (1) When all other parameters are equal, larger NGOs (as measured by the average of their preceding two years' audited annual expenses and the forecasted total eligible expenses for the grant year) will receive higher amounts than smaller ones. However, the larger the NGO, the relatively smaller this size advantage will be;    (1) When all other parameters are equal, the grant amount for NGOs with larger volumes of relevant activities (as measured by the average value of their preceding two years' audited annual expenses and the forecasted total eligible expenses for the grant year) will normally be higher than the grant amounts for NGOs with smaller volumes of relevant activities. However, the distribution will be made on a non-linear basis and so beneficiaries with smaller volumes of relevant activities will receive a relatively higher rate of support . Amendment 24 Annex, point 4, indent 7    - Contributions in kind    - Contributions in kind for organisations with an annual budget of at least EUR 300 000.

European Parliament legislative resolution on the proposal for a European Parliament and Council decision laying down a Community Action Programme promoting non-governmental organisations primarily active in the field of environmental protection (COM(2001) 337 - C5-0281/2001 - 2001/0139(COD) )

P5_TA(2001)0529 A5-0317/2001

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2001) 337 (2) ),

-  having regard to Article 251(2) of the EC Treaty and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0281/2001 ),

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

-  having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Budgets (A5-0317/2001 ),

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 270 E, 25.9.2001, p.125. (2) OJ C 270 E, 25.9.2001, p.125.

European Parliament resolution on the appointment of a Member of the Court of Auditors (C5-0282/2001 - 2001/0808(CNS) )

P5_TA(2001)0530 A5-0346/2001

The European Parliament,

-  having regard to Article 45b(3) of the ECSC Treaty,

-  having regard to Article 247(3) of the EC Treaty,

-  having regard to Article 160b(3) of the EAEC Treaty,

-  having regard to Rule 35 of its Rules of Procedure,

-  having been consulted by the Council by letter of 22 June 2001 on the appointment of a Member of the Court of Auditors (C5-0282/2001 ),

-  whereas at its meeting of 8-10 October 2001 the Committee on Budgetary Control heard the Council's nominee for the office of Member of the Court of Auditors and considered the nominee's qualifications in the light of the criteria laid down by Articles 45b of the ECSC Treaty, 247 of the EC Treaty and 160b of the EAEC Treaty,

-  having regard to the report of the Committee on Budgetary Control (A5-0346/2001 ),

1.  Delivers a favourable opinion on the appointment of Mr Jean-François Bernicot to the office of Member of the Court of Auditors;

2.  Instructs its President to forward its position to the Council and, for information, to the Court of Auditors, the other institutions of the European Communities and the Audit Offices of the Member States.

European Parliament resolution on the appointment of a Member of the Court of Auditors (C5-0283/2001 - 2001/0809(CNS) )

P5_TA(2001)0531 A5-0346/2001

The European Parliament,

-  having regard to Article 45b(3) of the ECSC Treaty,

-  having regard to Article 247(3) of the EC Treaty,

-  having regard to Article 160b(3) of the EAEC Treaty,

-  having regard to Rule 35 of its Rules of Procedure,

-  having been consulted by the Council by letter of 22 June 2001 on the appointment of a Member of the Court of Auditors (C5-0283/2001 ),

-  whereas at its meeting of 8-10 October 2001 the Committee on Budgetary Control heard the Council's nominee for the office of Member of the Court of Auditors and considered the nominee's qualifications in the light of the criteria laid down by Articles 45b of the ECSC Treaty, 247 of the EC Treaty and 160b of the EAEC Treaty,

-  having regard to the report of the Committee on Budgetary Control (A5-0346/2001 ),

1.  Delivers a favourable opinion on the appointment of Mr David Bostock to the office of Member of the Court of Auditors;

2.  Instructs its President to forward its position to the Council and, for information, to the Court of Auditors, the other institutions of the European Communities and the Audit Offices of the Member States.

European Parliament resolution on the appointment of a Member of the Court of Auditors (C5-0284/2001 - 2001/0810(CNS) )

P5_TA(2001)0532 A5-0346/2001

The European Parliament,

-  having regard to Article 45b(3) of the ECSC Treaty,

-  having regard to Article 247(3) of the EC Treaty,

-  having regard to Article 160b(3) of the EAEC Treaty,

-  having regard to Rule 35 of its Rules of Procedure,

-  having been consulted by the Council by letter of 22 June 2001 on the appointment of a Member of the Court of Auditors (C5-0284/2001 ),

-  whereas at its meeting of 8-10 October 2001 the Committee on Budgetary Control heard the Council's nominee for the office of Member of the Court of Auditors and considered the nominee's qualifications in the light of the criteria laid down by Articles 45b of the ECSC Treaty, 247 of the EC Treaty and 160b of the EAEC Treaty,

-  having regard to the report of the Committee on Budgetary Control (A5-0346/2001 ),

1.  Delivers a favourable opinion on the appointment of Mr François Colling to the office of Member of the Court of Auditors;

2.  Instructs its President to forward its position to the Council and, for information, to the Court of Auditors, the other institutions of the European Communities and the Audit Offices of the Member States.

European Parliament resolution on the appointment of a Member of the Court of Auditors (C5-0285/2001 - 2001/0811(CNS) )

P5_TA(2001)0533 A5-0346/2001

The European Parliament,

-  having regard to Article 45b(3) of the ECSC Treaty,

-  having regard to Article 247(3) of the EC Treaty,

-  having regard to Article 160b(3) of the EAEC Treaty,

-  having regard to Rule 35 of its Rules of Procedure,

-  having been consulted by the Council by letter of 22 June 2001 on the appointment of a Member of the Court of Auditors (C5-0285/2001 ),

-  whereas at its meeting of 10-11 September 2001 the Committee on Budgetary Control heard the Council's nominee for the office of Member of the Court of Auditors and considered the nominee's qualifications in the light of the criteria laid down by Articles 45b of the ECSC Treaty, 247 of the EC Treaty and 160b of the EAEC Treaty,

-  having regard to the report of the Committee on Budgetary Control (A5-0346/2001 ),

1.  Delivers a favourable opinion on the appointment of Mr Maarten B. Engwirda to the office of Member of the Court of Auditors;

2.  Instructs its President to forward its position to the Council and, for information, to the Court of Auditors, the other institutions of the European Communities and the Audit Offices of the Member States.

European Parliament resolution on the appointment of a Member of the Court of Auditors (C5-0290/2001 - 2001/0812(CNS) )

P5_TA(2001)0534 A5-0346/2001

The European Parliament,

-  having regard to Article 45b(3) of the ECSC Treaty,

-  having regard to Article 247(3) of the EC Treaty,

-  having regard to Article 160b(3) of the EAEC Treaty,

-  having regard to Rule 35 of its Rules of Procedure,

-  having been consulted by the Council by letter of 28 June 2001 on the appointment of a Member of the Court of Auditors (C5-0290/2001 ),

-  whereas at its meeting of 8-10 October 2001 the Committee on Budgetary Control heard the Council's nominee for the office of Member of the Court of Auditors and considered the nominee's qualifications in the light of the criteria laid down by Articles 45b of the ECSC Treaty, 247 of the EC Treaty and 160b of the EAEC Treaty,

-  having regard to the report of the Committee on Budgetary Control (A5-0346/2001 ),

1.  Delivers a favourable opinion on the appointment of Mr Morten Levysohn to the office of Member of the Court of Auditors;

2.  Instructs its President to forward its position to the Council and, for information, to the Court of Auditors, the other institutions of the European Communities and the Audit Offices of the Member States.

European Parliament resolution on the appointment of a Member of the Court of Auditors (C5-0286/2001 - 2001/0813(CNS) )

P5_TA(2001)0535 A5-0346/2001

The European Parliament,

-  having regard to Article 45b(3) of the ECSC Treaty,

-  having regard to Article 247(3) of the EC Treaty,

-  having regard to Article 160b(3) of the EAEC Treaty,

-  having regard to Rule 35 of its Rules of Procedure,

-  having been consulted by the Council by letter of 22 June 2001 on the appointment of a Member of the Court of Auditors (C5-0286/2001 ),

-  whereas at its meeting of 8-10 October 2001 the Committee on Budgetary Control heard the Council's nominee for the office of Member of the Court of Auditors and considered the nominee's qualifications in the light of the criteria laid down by Articles 45b of the ECSC Treaty, 247 of the EC Treaty and 160b of the EAEC Treaty,

-  having regard to the report of the Committee on Budgetary Control (A5-0346/2001 ),

1.  Delivers a favourable opinion on the appointment of Mrs Hedda von Wedel to the office of Member of the Court of Auditors;

2.  Instructs its President to forward its position to the Council and, for information, to the Court of Auditors, the other institutions of the European Communities and the Audit Offices of the Member States.

European Parliament resolution on the appointment of a Member of the Court of Auditors (C5-0287/2001 - 2001/0814(CNS) )

P5_TA(2001)0536 A5-0346/2001

The European Parliament,

-  having regard to Article 45b(3) of the ECSC Treaty,

-  having regard to Article 247(3) of the EC Treaty,

-  having regard to Article 160b(3) of the EAEC Treaty,

-  having regard to Rule 35 of its Rules of Procedure,

-  having been consulted by the Council by letter of 22 June 2001 on the appointment of a Member of the Court of Auditors (C5-0287/2001 ),

-  whereas at its meeting of 8-10 October 2001 the Committee on Budgetary Control heard the Council's nominee for the office of Member of the Court of Auditors and considered the nominee's qualifications in the light of the criteria laid down by Articles 45b of the ECSC Treaty, 247 of the EC Treaty and 160b of the EAEC Treaty,

-  having regard to the report of the Committee on Budgetary Control (A5-0346/2001 ),

1.  Delivers a favourable opinion on the appointment of Mr Ioannis Sarmas to the office of Member of the Court of Auditors;

2.  Instructs its President to forward its position to the Council and, for information, to the Court of Auditors, the other institutions of the European Communities and the Audit Offices of the Member States.

European Parliament resolution on the appointment of a Member of the Court of Auditors (C5-0288/2001 - 2001/0815(CNS) )

P5_TA(2001)0537 A5-0346/2001

The European Parliament,

-  having regard to Article 45b(3) of the ECSC Treaty,

-  having regard to Article 247(3) of the EC Treaty,

-  having regard to Article 160b(3) of the EAEC Treaty,

-  having regard to Rule 35 of its Rules of Procedure,

-  having been consulted by the Council by letter of 22 June 2001 on the appointment of a Member of the Court of Auditors (C5-0288/2001 ),

-  whereas at its meeting of 8-10 October 2001 the Committee on Budgetary Control heard the Council's nominee for the office of Member of the Court of Auditors and considered the nominee's qualifications in the light of the criteria laid down by Articles 45b of the ECSC Treaty, 247 of the EC Treaty and 160b of the EAEC Treaty,

-  having regard to the report of the Committee on Budgetary Control (A5-0346/2001 ),

1.  Delivers a favourable opinion on the appointment of Mr Hubert Weber to the office of Member of the Court of Auditors;

2.  Instructs its President to forward its position to the Council and, for information, to the Court of Auditors, the other institutions of the European Communities and the Audit Offices of the Member States.

European Parliament resolution on the appointment of a Member of the Court of Auditors (C5-0291/2001 - 2001/0816(CNS) )

P5_TA(2001)0538 A5-0346/2001

The European Parliament,

-  having regard to Article 45b(3) of the ECSC Treaty,

-  having regard to Article 247(3) of the EC Treaty,

-  having regard to Article 160b(3) of the EAEC Treaty,

-  having regard to Rule 35 of its Rules of Procedure,

-  having been consulted by the Council by letter of 28 June 2001 on the appointment of a Member of the Court of Auditors (C5-0291/2001 ),

-  whereas at its meeting of 8-10 October 2001 the Committee on Budgetary Control heard the Council's nominee for the office of Member of the Court of Auditors and considered the nominee's qualifications in the light of the criteria laid down by Articles 45b of the ECSC Treaty, 247 of the EC Treaty and 160b of the EAEC Treaty,

-  having regard to the report of the Committee on Budgetary Control (A5-0346/2001 ),

1.  Delivers a favourable opinion on the appointment of Mr Lars Tobisson to the office of Member of the Court of Auditors;

2.  Instructs its President to forward its position to the Council and, for information, to the Court of Auditors, the other institutions of the European Communities and the Audit Offices of the Member States.

European Parliament resolution on the proposal for a Council recommendation on the prudent use of antimicrobial agents in human medicine (COM(2001) 333 - C5-0411/2001 - 2001/2164(COS) )

P5_TA(2001)0539 A5-0318/2001

The European Parliament,

-  having regard to the proposal for a Council recommendation (COM(2001) 333 - C5-0411/2001 ),

-  having regard to Rule 152(4) of the EC Treaty,

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

-  having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5-0318/2001 ),

1.  Calls on the Commission and the Council to take account of the following modifications:

Commission draft   Modifications by Parliament Modification 1 Recital 1    (1) The use of antimicrobial agents has greatly contributed to improvements in health. Such “antimicrobial agents” have been introduced for decades to treat communicable diseases and prevent infections. For the purposes of this Recommendation, antimicrobial agent means substance produced either synthetically or naturally by bacteria, fungae or plants, used to kill or inhibit the growth of micro-organisms including bacteria, viruses and fungae, and of parasites, in particular protozoa, exhibiting the phenomenon of resistance. However, their use has also resulted in certain selected microbes previously sensitive to these agents developing resistance, so-called “antimicrobial resistance”. This leads to increased danger, to prolonged suffering of the individual, and to enhanced costs for health care and society. Therefore concerted action is necessary at Community level to contain this problem by encouraging the prudent use of antimicrobial agents in human medicine and better hygiene and infection control;    (1) The use of antimicrobial agents has greatly contributed to improvements in health. Such “antimicrobial agents” have been introduced for decades to treat communicable diseases and prevent infections. For the purposes of this Recommendation, antimicrobial agent means substance produced either synthetically or naturally by bacteria, fungae or plants, used to kill or inhibit the growth of micro-organisms including bacteria, viruses and fungae, and of parasites, in particular protozoa, exhibiting the phenomenon of resistance. However, their use has also resulted in certain selected microbes previously sensitive to these agents developing resistance, so-called “antimicrobial resistance”. This leads to increased danger, to prolonged suffering of the individual, and to enhanced costs for health care and society. Therefore concerted action is necessary at Community level to contain this problem by encouraging the prudent use of antimicrobial agents in human medicine and better hygiene and infection control. Such action cannot be taken in isolation from measures to combat resistance to antibiotics in veterinary medicine, animal feedingstuffs and crop growing (including GM crops). Modification 2 Recital 2    (2) The Council of the European Union on 8 June 1999 adopted a Resolution on antibiotic resistance "A strategy against the microbial threat”. The Resolution highlights that antimicrobial resistance increases morbidity and mortality due to communicable diseases leading not only to a diminution of quality of life but also to additional health and medical care costs, and that actions need to be taken at Community level;    (2) The Council of the European Union on 8 June 1999 adopted a Resolution on antibiotic resistance "A strategy against the microbial threat”. The Resolution highlights the fact that antimicrobial resistance increases morbidity and mortality due to communicable diseases leading not only to a diminution of quality of life but also to additional health and medical care costs, and that action needs to be taken at Community level to reduce the use of antimicrobial agents in veterinary as well as human medicine, and to ban any use of antimicrobial agents for non-therapeutic purposes, and the use of antibiotic resistance genes in GMOs, which may be disseminated in the environment ; Modification 3 Recital 6    (6) Surveillance on prescription and consumption of antimicrobial agents should form an essential component for an overall surveillance strategy to address the problem of antimicrobial resistance;    (6) Surveillance of the prescription and consumption of antimicrobial agents in all fields should form an essential component for an overall surveillance strategy to address the problem of antimicrobial resistance; Modification 4 Recital 7    (7) An important step to avoid or even reverse further increases in resistant micro-organisms would be to reduce unnecessary and inappropriate use of antimicrobial agents. General principles and methods for the prudent use of these agents in humans must be identified, and defined and implemented;    (7) An important step to avoid or even reverse further increases in resistant micro-organisms would be to reduce unnecessary and inappropriate use of antimicrobial agents. General principles and methods for the prudent use of these agents in humans, animals and plants must be identified, and defined and implemented; Modification 5 Recital 11    (11) There is also a relationship between the occurrence of antimicrobial resistant pathogens in humans and their occurrence in animals and the environment. This Recommendation does not preclude further initiatives in other areas;    (11) There is also a relationship between the occurrence of antimicrobial resistant pathogens in humans and their occurrence in animals and the environment. This Recommendation requires further initiatives in other areas, in particular to combat antimicrobial resistance in veterinary medicine, animal feedingstuffs and crop growing (including GMOs) ; Modification 6 Recital 11 a (new) (11a) The strategy against microbial resistance needs to be a global one and should cover not only human medicine but also veterinary medicine, animal production and plant protection; Modification 7 Chapter I, paragraph 1, subparagraph 1    (1) gather reliable, comparable data by means of a laboratory based system of the susceptibility of pathogens to antimicrobial agents. The data should be amenable to time trend analysis and early warnings and to monitor spread of resistance at national, regional and community level;    (1) gather reliable data, comparable at Community level, by means of a laboratory based system on the susceptibility in vitro of pathogens to antimicrobial agents and their clinical implications . The data should be amenable to time trend analysis and early warnings and to monitoring the spread of resistance at national, regional and community level; Modification 8 Chapter I, paragraph 1, subparagraph 2    (2) collect data on prescription and consumption of antimicrobial agents on national, regional, hospital and community level, involving prescribers, pharmacists and other parties collecting such data, in order to be able to potentially link prescription and consumption of antimicrobial agents to the development of pathogens resistant to those agents.    (2) collect data on prescription and consumption of antimicrobial agents in all their forms and in all fields at national, regional, hospital and community level, involving prescribers, pharmacists and other parties collecting such data, in order to be able to potentially link prescription and consumption of antimicrobial agents to the development of pathogens resistant to those agents. Modification 9 Chapter I, paragraph 2, subparagraph 1, indent 2    - Setting rules for the use of other antimicrobial agents that are not subject to requirements for prescription-only use and an assessment of the need for changes;    - Setting rules for the use of other antimicrobial agents, including those for local use, that are not subject to requirements for prescription-only use and an assessment of the need for changes; Modification 10 Chapter I, paragraph 2, subparagraph 1, indent 3    - Establishment of clinical and microbiological criteria for rapid on-the-spot diagnosis of infections, and    - Establishment of clinical and microbiological criteria and the evaluation of tests for rapid on-the-spot diagnosis of bacterial or viral infections, and of tests for sensitivity to antimicrobial agents , and Modification 11 Chapter I, paragraph 2, subparagraph 1, indent 4    - Optimising choice of drug, dosage and duration for the treatment and prevention of infections.    - Optimising the choice of drug, dosage and duration for the treatment and prevention of infections, on the basis of microbiological and clinical criteria and the patient's personal data and medical history (individualised treatment) . Modification 12 Chapter I, paragraph 2, subparagraph 1, indent 4a (new)    - Comparative and critical assessment of the effectiveness of antimicrobial agents used for preventive purposes; Modification 13 Chapter I, paragraph 2, subparagraph 3    (3) Encouraging national immunisation programmes to progressively eliminate vaccine preventable diseases,    (3) Encouraging national immunisation programmes to progressively eliminate vaccine preventable diseases, after a continuous assessment of the vaccines concerned and the immunisation programmes under consideration , Modification 14 Chapter I, paragraph 3, subparagraph 1    (1) teaching principles and guidelines on the appropriate use of antimicrobial agents by incorporation into undergraduate and postgraduate training and in regular continuous training for physicians, dentists, pharmacists and nurses and others in the medical profession, using effective good practice methods with continuous feedback;    (1) teaching principles and guidelines on the appropriate use of antimicrobial agents by incorporation into undergraduate and postgraduate training and in regular continuous training, independent of the drugs industry, for physicians, dentists, pharmacists and nurses and others in the medical profession, using effective good practice methods with continuous feedback; Modification 15 Chapter I, paragraph 3, subparagraph 3    (3) training on immunisation programmes and their role in preventing infections, thereby reducing outbreaks of diseases and thus the demand for antimicrobial agents.    (3) in-service and updated training on immunisation programmes, their role, their effectiveness and their relevance in preventing infections, thereby reducing outbreaks of diseases and thus the demand for antimicrobial agents. Modification 16 Chapter I, paragraph 3, subparagraph 3 a (new) (3a) monitoring the information, promotions and advertising channelled to the medical profession by the drugs industry and ensuring observance of good prescribing practice; Modification 17 Chapter I, paragraph 4, subparagraph 3a (new) (3a) prohibiting any advertising addressed to the general public promoting antibiotics; Modification 18 Chapter I, paragraph 4, subparagraph 3 b (new) (3b) encouraging home treatment wherever feasible; Modification 19 Chapter I, paragraph 4, subparagraph 3 c (new) (3c) encouraging clinical and laboratory practice and methods to reduce the duration of hospital care without jeopardising the outcome of the treatment; Modification 20 Chapter II    II. cooperate with the Commission in the development of indicators for monitoring prescribing practices of antimicrobial agents on the basis of the evidence-based principles and guidelines on good practice for the management of communicable diseases within two years of the adoption of this Recommendation, and evaluate these indicators once developed with regard to potential improvements of prescribing practices and feedback to prescribers;    II. cooperate with the Commission in the development of indicators for monitoring prescribing practices of antimicrobial agents on the basis of the in vitro and clinical evidence-based principles and guidelines on good practice for the management of communicable diseases within two years of the adoption of this Recommendation, and evaluate these indicators once developed with regard to potential improvements of prescribing practices and feedback to prescribers; Modification 21 Chapter III    III. establish and implement control systems on good practice of marketing of antimicrobial agents to ensure compliance with the evidence-based principles and guidelines on good practice for the management of communicable diseases within two years of the adoption of this Recommendation;    III. establish and implement control systems on good practice for marketing antimicrobial agents to ensure compliance with the in vitro and clinical evidence-based principles and guidelines on good practice for the management of communicable diseases within two years of the adoption of this Recommendation; Modification 22 Chapter IV    IV. initiate with other Member States and the Commission activities aimed at harmonising and updating the product information (SPC) for antibacterial medicinal products particularly related to indications, dose and dose regimen and prevalence of acquired resistance ;    IV. initiate with other Member States and the Commission activities aimed at harmonising and updating the product information (SPC) for antibacterial medicinal products which have been subject to clinical and epidemiological studies and studies based solely on in vitro microbiological arguments, with particular reference to indications, dose and dose regimen; Modification 23 Chapter Va (new)    Va. adopt, in the Council, framework legislation to confine the use of antimicrobial agents to therapeutic purposes alone, in all fields, and to prohibit the use of antibiotic resistance genes in GMOs which may be disseminated in the environment; Modification 24 Paragraph 5    5. to keep matters covered by this Recommendation under review , with a view to its revision and updating, and submit an annual report to the Council on the basis of Member States' annual reports;    5. to keep under review and coordinate matters covered by this Recommendation, with a view to its revision and updating, and submit an annual report to the Council on the basis of Member States' annual reports; Modification 25 Paragraph 6 a (new) 6a. to propose without delay a global Community legislative framework for action against antimicrobial resistance, seeking to confine the use of antimicrobial agents to therapeutic purposes alone, in all fields, and to prohibit the use of antibiotic resistance genes in GMOs, which may be disseminated in the environment; Modification 26 Paragraph 6 b (new) 6b. to strengthen the close cooperation between the Member States, the applicant countries and other parties concerned at international level in order to deal more effectively at international and intercontinental level with the spread of disease and antimicrobial resistance arising from the increase in international trade and travel; Modification 27 Paragraph 6 c (new) 6c. to promote a global strategy in all the relevant sectors: public health, veterinary medicine and plant health. 2. Instructs its President to forward this resolution to the Council and Commission.

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive amending Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), with regard to investments of UCITS (7551/1/2001 - C5-0296/2001 - 1998/0243(COD) )

P5_TA(2001)0540 A5-0324/2001

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (7551/1/2001 - C5-0296/2001 ),

-  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1998) 449 (2) ),

-  having regard to the amended Commission proposal (COM(2000) 329 (3) ),

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

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

-  having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs (A5-0324/2001 ),

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 3 ARTICLE 1 a (new) Article 1a    1. No later than ...*, the Commission shall forward to the European Parliament and the Council a report on the application of Directive 85/611/EEC as amended and proposals for amendments, where appropriate. The report shall in particular:    (a) analyse how to deepen and broaden the Single Market for UCITS, in particular with regard to cross-border marketing of UCITS (including third-party funds), the functioning of the passport for management companies, the functioning of the simplified prospectus as an information and marketing tool, the review of the scope of ancillary activities and the possibilities for improved collaboration of supervisory authorities with respect to common interpretation and application of the Directive,    (b) review the scope of the Directive in terms of how it applies to different types of products (e.g. institutional funds, real-estate funds, master-feeder funds and hedge funds); the study should in particular focus on the size of the market for such funds, the regulation, where applicable, of these funds in the Member States and an evaluation of the need for further harmonisation of these funds,    (c) evaluate the organisation of funds, including the delegation rules and practices and the relationship between fund manager and depositary,    (d) review the investment rules for UCITS, for example the use of derivatives and other instruments and techniques relating to securities, the regulation of index funds, the regulation of money market instruments, deposits, the regulation of “fund of fund” investments, as well as the various investment limits,    (e) analyse the competitive situation between funds managed by management companies and “self-managed” investment companies. In preparing its report, the Commission shall consult as widely as possible with the various industries concerned and with consumer groups and supervisory bodies.    2. Member States may grant UCITS existing on the date of entry into force of this Directive a period of not more than 60 months from that date in order to comply with the new national legislation. __________________ * Three years after the entry into force of this Directive.

(1) OJ C 339, 29.11.2000, p. 220. (2) OJ C 280, 9.9.1998, p. 6. (3) OJ C 311 E, 31.10.2000, p. 302.

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive amending Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) with a view to regulating management companies and simplified prospectuses (7550/1/2001 - C5-0295/2001 - 1998/0242(COD) )

P5_TA(2001)0541 A5-0324/2001

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (7550/1/2001 - C5-0295/2001 ),

-  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1998) 451 (2) ),

-  having regard to the amended Commission proposal (COM(2000) 331 (3) ),

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

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

-  having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs (A5-0324/2001 ),

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 2 ARTICLE 1, POINT 3 Article 5 a, paragraph 1, point (a), indent 5 (Directive 85/611/EEC )    - No later than …….* , the Commission shall present a report to the European arliament and the Council on the application of this capital requirement, ccompanied where appropriate by proposals for its revision. _____________ * 60 months after the entry into force of this Directive amending Directive 85/611/EEC .    - No later than …….* , the Commission shall present a report to the European arliament and the Council on the application of this capital requirement, ccompanied where appropriate by proposals for its revision. _____________ * 36 months after the entry into force of this Directive amending Directive 85/611/EEC .

(1) OJ C 339, 29.11.2000, p. 228. (2) OJ C 272, 1.9.1998, p. 7. (3) OJ 311 E, 31.10.2000, p. 273

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council decision on Community incentive measures in the field of employment (8432/1/2001 - C5-0294/2001 - 2000/0195(COD) )

P5_TA(2001)0542 A5-0319/2001

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (8432/1/2001 - C5-0294/2001 ),

-  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2000) 459 (2) ),

-  having regard to the Commission's amended proposal (COM(2001) 124 (3) ),

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

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

-  having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A5-0319/2001 ),

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 Article 3, paragraph 1, point g    (g) to implement an active and transparent information policy.    (g) to implement an active and transparent information policy, with due regard for the need of European citizens for transparency. Amendment 2 Article 4, paragraph 1, point b    (b) providing support for Member States' efforts in evaluating in a consistent and coordinated manner their National Action Plans for Employment, including the way in which the social partners and relevant regional and local authorities have been involved in their implementation. A special evaluation exercise shall be completed at the end of the first period of application of the annual employment policy guidelines agreed in accordance with the Luxembourg process;    (b) providing support for Member States' efforts in evaluating in a consistent and coordinated manner their National Action Plans for Employment, including the way in which the social partners and relevant regional and local authorities have been and may be involved in their implementation. A special evaluation exercise shall be completed at the end of the first period of application of the annual employment policy guidelines agreed in accordance with the Luxembourg process; Amendment 3 Article 4, paragraph 1, point c    (c) a quantitative and qualitative evaluation of the effects of the European Employment Strategy in general, and analysis of the consistency between the European Employment Strategy and general economic policy, as well as other policy areas;    (c) a quantitative and qualitative evaluation of the effects of the European Employment Strategy in general, an analysis of the consistency between the European Employment Strategy and general economic policy as well as other policy areas, and an evaluation of the European Employment Strategy as a method; Amendment 4 Article 4, paragraph 2    2. Under the activities referred to in paragraph 1, efforts shall be made to mainstream the principle of gender equality, in particular with regard to equal opportunities for men and women in employment and labour markets and to reconciling working life and family life.    2. Under the activities referred to in paragraph 1, efforts shall be made to mainstream the principle of gender equality, in particular with regard to equal opportunities for men and women in employment and labour markets and to reconciling working life and family life, and studies shall be carried out concerning the supply of child care facilities and home care/help services . Special attention shall also be given to the problems of target groups which are subject to multiple discrimination in their access to the labour market. This exercise must be supported by evaluation of the National Action Plans for Employment and by a more strategic approach to employment policy in the European Union, the aim being to understand, monitor and analyse developments by establishing indicators. Amendment 5 Article 4, paragraph 3a (new) 3a. Part of the appropriations provided for is intended for projects to promote cooperation, improve knowledge, develop an exchange of information, promote best practices and innovative approaches and evaluate experience in implementing the National Action Plans for Employment at local and regional levels in the context of the European Employment Strategy. The purpose of these measures is to make local and regional authorities and other key local partners, including representatives of the mutual and non-profit sector, aware of the potential of measures conducive to implementing the employment guidelines at local and regional levels and the interlinking thereof at local and regional levels. They shall include in particular:    (a) developing publicity work for the European Employment Strategy and its implementation at local and regional levels;    (b) studies on how institutions of the mutual and non-profit sector can be supported at local and regional levels;    (c) studies on how to improve transnational cooperation, and the dissemination of best practice in implementing local employment initiatives;    (d) studies of what incentive measures can be taken to encourage local and regional partners to contribute towards implementing the European Employment Strategy. Particular focus shall be given to the gender aspects of employment policy. Amendment 6 Article 5, point 1a (new) (1a) specific information measures to make the general public aware of the European Employment Strategy and of gender equality issues as regards access to the labour market; Amendment 7 Aticle 5, paragraph 1a (new) The Commission shall ensure that the nature and scope of the outputs satisfy the public's need for transparency. In particular, it shall ensure that the evaluation of the National Action Plans for Employment and the annual employment report are made accessible to the general public, enabling citizens to evaluate what the Member States have achieved. Amendment 8 Article 6 The Commission shall ensure that the measures implemented under this Decision and the other relevant Community programmes and initiatives (such as the social inclusion programme and the framework programme for research, technological development and demonstration activities) are consistent with each other and complementary. The outcomes of other Community initiatives could be used as inputs into the actions covered by this Decision, and results from the activities mentioned in this Decision could be used as inputs into other Community initiatives. The Commission shall ensure that the measures implemented under this Decision and the other relevant Community programmes and initiatives (in particular the social inclusion programme, the programme to combat discrimination, the framework programme on equal opportunities, the framework programme for research, technological development and demonstration activities, actions by the European Social Fund, the Community programmes in the field of vocational training and the activities of the relevant decentralised agencies) are consistent with each other and complementary. The outcomes of other Community initiatives could be used as inputs into the actions covered by this Decision, and results from the activities mentioned in this Decision could be used as inputs into other Community initiatives. To this end the Commission shall create internal links with relevant Community programmes and initiatives and the decentralised agencies. Amendment 9 Article 8    1. The measures necessary for the implementation of this Decision relating to the matters referred to below shall be adopted in accordance with the management procedure referred to in Article 9(2):    1. The Commission shall implement the activities in accordance with this Decision. 1a. The Commission shall be assisted by an advisory committee composed of the representatives of the Member States and chaired by the representative of the Commission (hereinafter referred to as “the Committee”). 1b. Where reference is made to this paragraph, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply, having regard to Article 7(3) and Article 8 thereof. 1c. The representative of the Commission shall in particular consult the Committee on:    (a) the general guidelines for the implementation of the activities;    (a) the general guidelines for the implementation of the activities;    (b) the annual budgets and the distribution of funding between measures;    (b) the annual budgets and the distribution of funding between measures;    (c) the annual plan of work for the implementation of actions under the activities, and the Commission proposals for selection criteria for financial support, including the criteria for monitoring and assessing activities receiving such support, and the procedure for disseminating and transferring the results.    (c) the annual plan of work for the implementation of actions under the activities, and the Commission proposals for selection criteria for financial support, including the criteria for monitoring and assessing activities receiving such support, and the procedure for disseminating and transferring the results.    2. The measures necessary for the implementation of this Decision relating to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 9(3). Amendment 10 Article 9 Article 9 Committee    1. The Commission shall be assisted by a Committee.    2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months. Deleted    3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.    4. The Committee shall adopt its rules of procedure. Amendment 11 Article 10 To ensure the consistency and complementarity of these activities with other measures referred to in Article 6, the Commission shall keep the Committee referred to in Article 9 regularly informed about other relevant Community action. Where appropriate, the Commission shall establish regular and structured cooperation between this Committee and the committees established for other relevant policies, instruments and actions. To ensure the consistency and complementarity of these activities with other measures referred to in Article 6, the Commission shall set out in the annual plans of activities the nature and scope of the cooperation with the Community programmes and initiatives referred to in Article 6 and with the decentralised agencies and shall keep the Committee referred to in Article 8 regularly informed about other relevant Community action. Where appropriate, the Commission shall establish regular and structured cooperation between this Committee and the committees established for other relevant policies, instruments and actions. Amendment 12 Article 11, paragraph 2 Furthermore the Commission shall, within the framework of the activities referred to in this Decision, establish the necessary links with the social partners and regularly exchange views with them. To that end, the Commission shall make the relevant information available to the social partners. The Commission shall inform the Employment Committee and the Committee referred to in Article 9 of the views of the social partners. Furthermore the Commission shall, within the framework of the activities referred to in this Decision, establish the necessary links with the social partners and the competent committee of the European Parliament and regularly exchange views with them. To that end, the Commission shall make the relevant information available to the social partners and the competent committee of the European Parliament . The Commission shall inform the Employment Committee and the Committee referred to in Article 8 of the views of the social partners and the competent committee of the European Parliament . Amendment 13 Article 12, paragraph 1    1. The financial framework for the implementation of the Community activities referred to in this Decision for the period 1 January 2001 to 31 December 2005 shall be EUR 50 million .    1. The financial framework for implementing the Community activities referred to in this Decision for the period 1 January 2001 to 31 December 2005 shall be EUR 65 million . Amendment 14 Article 12, paragraph 2a (new) 2a. The Commission may have recourse to technical and/or administrative assistance, to the mutual benefit of the Commission and of the beneficiaries, as well as to support expenditure.

(1) OJ C 276, 1.10.2001, p. 145. (2) OJ C 337 E, 28.11.2000, p. 242. (3) OJ C 180 E, 26.6.2001, p. 182.

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on establishing a general framework for improving information and consultation rights of employees in the European Community (9919/1/2001 - C5-0388/2001 - 1998/0315(COD) )

P5_TA(2001)0543 A5-0325/2001

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (9919/1/2001 - C5-0388/2001 ),

-  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1998) 612 (2) ),

-  having regard to the Commission's amended proposal (COM(2001) 296 (3) ),

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

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

-  having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A5-0325/2001 ),

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 Recital 22a (new) (22a) Member States should take measures to guarantee that employees' representatives are elected by employees or designated by employees" organisations only and have a minimum, renewable term of office. Amendment 2 Recital 26 a (new) (26a) More stringent, dissuasive penalties and specific judicial procedures applicable in the case of decisions taken in serious breach of the obligations under this Directive should be established. Amendment 3 Article 2, point (e a) (new)    (ea) "social partners" means the competent representative trade union organisation, the employees' representatives, as provided by law, the employers' organisation and/or the employer; Amendment 4 Article 2, point (f)    (f) "information" means transmission by the employer to the employees' representatives of data in order to enable them to acquaint themselves with the subject-matter and to examine it;    (f) "information" means transmission by the employer to the employees' representatives and/or employees of all relevant data on the subjects referred to in Article 4, in order to enable them to acquaint themselves with the subject-matter and to examine it, before the decision is taken ; Amendment 5 Article 2, point (g)    (g) "consultation" means the exchange of views and establishment of dialogue between the employees" representatives and the employer.    (g) "consultation" means the exchange of views and establishment of dialogue between the employees" representatives and the employer during the planning stage of a decision in order to ensure the procedure is effective and to allow influence to be exerted on the decision-making process . Amendment 6 Article 3, paragraph 3a (new) 3a. Member States, without prejudice to existing national law or practice, shall foster and promote social dialogue also in small and medium-sized enterprises which do not fall under the scope of this Directive. Amendment 7 Article 4, paragraph 2, point (a)    (a) information on the recent and probable development of the undertaking's or the establishment's activities and economic situation ;    (a) information on the recent and probable development of the activities and economic and financial situation of the undertaking or the establishment , in particular as regards investment, production, sales and structure as well as strategic plans, including changes to organisational structures and market developments ; Amendment 8 Article 4, paragraph 4, point (c)    (c) on the basis of relevant information to be supplied by the employer and of the opinion which the employees' representatives are entitled to formulate;    (c) on the basis of information to be supplied by the employer in accordance with Article 2(f) and the opinion which the employees' representatives are entitled to formulate; Amendment 9 Article 4, paragraph 4a and 4b (new) 4a. Member States shall ensure that, if the implementation of a decision will have significant adverse consequences for employees, the final decision may be postponed for an appropriate period at the request of the employees' representatives so that consultations may continue with the aim of avoiding or mitigating such adverse consequences. 4b. Member States shall ensure that, if the implementation of a decision will have significant adverse consequences for employees, in particular a decision on transfers, relocations, the closure of an establishment or undertaking or large-scale redundancies, employees' representatives may, in the event of failure to reach agreement and where appropriate, meet the relevant bodies of the undertaking one more time. Amendment 10 Article 5 Member States may entrust management and labour at the appropriate level, including at undertaking or establishment level, with defining freely and at any time through negotiated agreement the practical arrangements for informing and consulting employees. These agreements, and agreements existing on the date laid down in Article 11, as well as any subsequent renewals of such agreements, may establish, while respecting the principles set out in Article 1 and subject to conditions and limitations laid down by the Member States, provisions which are different from those referred to in Article 4. Member States may entrust the social partners at the appropriate level, with defining freely and at any time through negotiated agreement the practical arrangements for informing and consulting employees. The social partners may conclude agreements respecting the general objectives laid down by the Directive and subject to generally applicable conditions laid down by the Member States. Where legislative arangements and/or statutory minimum standards at national level do not exist, such agreements may contain rules and arrangements which provide for fuller rights for information and consultation than those laid down by this Directive. Amendment 11 Article 7 Member States shall ensure that employees' representatives, when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them. Employees' representatives shall , when carrying out their functions, enjoy adequate protection and guarantees to enable them to perform properly the duties which have been assigned to them. In particular, employees' representatives shall be entitled to:    (a) enjoy legal protection against disadvantage in respect of their career, wage and training during their term of office and for six months thereafter, and    (b) receive appropriate and continuing training, including paid leave for training, organise regular meetings among themselves and with all the employees and use the undertaking's internal computer networks. Amendment 13 Article 9a (new) Article 9a Public administration Member States shall examine in cooperation with the social partners appropriate ways to implement the principles laid down in this Directive in public administrations. Amendment 15 Article 10 Article 10 Transitional provisions Notwithstanding Article 3, a Member State in which there is, at the date of entry into force of this Directive, no general, permanent and statutory system of information and consultation of employees, nor a general, permanent and statutory system of employee representation at the workplace allowing employees to be represented for that purpose, may limit the application of the national provisions implementing this Directive to:    (a) undertakings employing at least 150 employees or establishments employing at least 100 employees until .......... *, and    (b) undertakings employing at least 100 employees or establishments employing at least 50 employees during the two years following the date in point (a). ____________ * 5 years after the entry into force of this Directive. Deleted

(1) OJ C 219, 30.7.1999, p. 223. (2) OJ C 2, 5.1.1999, p. 3. (3) OJ C 240 E, 28.8.2001, p. 133.

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (16th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC ) (7914/1/2001 REV 1 - C5-0293/2001 - 1992/0449(COD) )

P5_TA(2001)0544 A5-0320/2001

(Codecision procedure: second reading)

The European Parliament,

-  having regard to the Council common position (7914/1/2001 REV 1 - C5-0293/2001 ),

-  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(1992) 560 (2) ),

-  having regard to the Commission's amended proposal (COM(1994) 284 (3) ),

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

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

-  having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A5-0320/2001 ),

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 Recital 3    (3) As a first step, it is considered appropriate to introduce measures protecting workers from the risks arising from vibrations owing to their effects on the health and safety of workers, in particular muscular/bone structure, neurological and vascular disorders. These measures are intended not only to ensure the health and safety of each worker on an individual basis, but also to create a minimum basis of protection for all Community workers in order to avoid possible distortions of competition.    (3) As a first step, it is considered necessary to introduce measures protecting workers from the risks arising from vibrations owing to their effects on the health and safety of workers, in particular muscular/bone structure, neurological and vascular disorders. These measures are intended not only to ensure the health and safety of each worker on an individual basis, but also to create a minimum basis of protection for all Community workers in order to avoid possible distortions of competition. It is necessary to adopt as soon as possible directives on the other physical agents (noise, optical radiation and electromagnetic fields and waves) not covered by this Directive. Amendment 2 Article 3, paragraph 2, subparagraph 1, points (a) and (b)    (a) the daily exposure limit value standardised to an eight-hour reference period shall be 1,15 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 21 m/s1,75 ;    (a) the daily exposure limit value standardised to an eight-hour reference period shall be 0,8 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 14,6 m/s1,75 ;    (b) the daily exposure action value standardised to an eight-hour reference period shall be 0,6 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 11 m/s1,75 .    (b) the daily exposure action value standardised to an eight-hour reference period shall be 0,5 m/s2 or, at the choice of the Member State concerned, a vibration dose value of 8,5 m/s1,75 . Amendment 3 Article 5, paragraph 2, point (c)    (c) the provision of auxiliary equipment that reduces the risk of injuries caused by vibration, such as seats that effectively reduce whole-body vibration;    (c) the provision of auxiliary equipment that reduces the risk of injuries caused by vibration, such as seats that effectively reduce whole-body vibration and equipment fitted with vibration-reducing handles ; Amendment 4 Article 8, paragraph 3, point (a a) (new)    (aa) the employer shall be informed of any significant findings from the health surveillance; Amendment 5 Article 9 With regard to implementation of the obligations laid down in Article 5(3), Member States shall be entitled to make use of a maximum transitional period of 6 years from...* where work equipment is used which was given to workers before...** and which does not permit the exposure limit values to be respected, taking into account the latest technical advances and/or the organisational measures taken. With regard to equipment used in the agriculture and forestry sectors, Member States shall be entitled to extend the maximum transitional period by up to 3 years.    1. With regard to implementation of the obligations laid down in Article 5(3), Member States shall be entitled to make use of a maximum transitional period of 5 years from...* where work equipment is used which was given to workers before...** and which does not permit the exposure limit values to be respected, taking into account the latest technical advances and/or the organisational measures taken. With regard to equipment used in the agriculture and forestry sectors, Member States shall be entitled to extend the maximum transitional period by up to 3 years.    2. The derogations referred to in paragraph 1 shall be granted by Member States following consultation with the social partners in accordance with national law and practice. * 3 years after the entry into force of this Directive. * 2 years after the entry into force of this Directive. ** 6 years after the entry into force of this Directive. ** 3 years after the entry into force of this Directive. Amendment 11 Article 10, paragraph 1    1. In compliance with the general principles of health and safety protection for workers, Member States may, in the case of sea and air transport, derogate from Article 5(3) in duly justified circumstances with respect to whole-body vibration where, given the state of the art and the specific characteristics of workplaces, it is not possible to comply with the exposure limit value despite the technical and/or organisation measures taken.    1. In compliance with the general principles of health and safety protection for workers, Member States may, in the case of sea and air transport, agriculture and forestry, derogate from Article 5(3) in duly justified circumstances with respect to whole-body vibration where, given the state of the art and the specific characteristics of workplaces, it is not possible to comply with the exposure limit value despite the technical and/or organisational measures taken. 1a. In the case of agriculture and forestry, the daily exposure limit value shall be determined no later than ...* in the light of the latest research and scientific information available. ___________ * 5 years after the entry into force of this Directive. Amendment 6 Article 13 Every five years Member States shall provide a report to the Commission on the practical implementation of this Directive, indicating the points of view of both sides of industry . Every five years Member States shall provide a report to the Commission on the practical implementation of this Directive, indicating the points of view of the social partners . This report shall include a list, giving detailed reasons, of the transitional arrangements and derogations which the Member States have adopted. It shall also contain a description of best practice for preventing vibrations with a harmful effect on health and of other forms of work organisation, together with the action taken by the Member States to impart knowledge of such best practice. On the basis of those reports, the Commission shall inform the European Parliament, the Council, the Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work thereof. On the basis of those reports, the Commission shall carry out an overall assessment of the implementation of the Directive, including implementation in the light of research and scientific information, and shall inform the European Parliament, the Council, the Economic and Social Committee and the Advisory Committee on Safety, Hygiene and Health Protection at Work thereof and, if necessary, propose amendments .

(1) OJ C 128, 9.5.1994, p. 146. (2) OJ C 77, 18.3.1993, p. 12. (3) OJ C 230, 19.8.1994, p. 3.

Proposal for a European Parliament and Council directive on providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending Council directives 85/337/EEC and 96/61/EC (COM(2000) 839 - C5-0027/2001 - 2000/0331(COD) )

P5_TA(2001)0545 A5-0321/2001

The proposal was amended as follows:

Text proposed by the Commission(1)   Amendments by Parliament Amendment 1 RECITAL 1    (1) Community legislation in the field of the environment aims to contribute to preserving, protecting and improving the quality of the environment and protecting human health.    (1) Community legislation in the field of the environment aims to contribute to preserving, protecting and improving the quality of the environment and protecting individual and public health. Amendment 2 RECITAL 2    (2) Community environmental legislation includes provisions for public authorities and other bodies to take decisions which may have a significant effect on the environment as well as on personal health and well-being.    (2) Community legislation, plans and programmes relating to the environment and to other fields of policy include provisions for public authorities and other bodies to take decisions which may have a significant effect on the environment as well as on individual and public health and well-being. Amendment 3 RECITAL 2 a (new) (2a) Article 6 of the Treaty stipulates that environmental protection requirements must be integrated into the definition and implementation of all Community policies and activities. Amendment 4 RECITAL 3    (3) Effective public participation in the taking of decisions enables the public to express, and the decision-maker to take account of, opinions and concerns which may be relevant to those decisions, thereby increasing the accountability and transparency of the decision-making process and contributing to public awareness of environmental issues .    (3) Effective public participation in the taking of decisions enables the public to express, and the decision-maker to take account of, opinions and concerns which may be relevant to those decisions, thereby increasing the accountability and transparency of the decision-making process and contributing to public support for the decisions taken . Amendment 5 RECITAL 6    (6) Among the objectives of the Convention is the desire to guarantee rights of public participation in certain kinds of environmental decision-making in order to contribute to the protection of the right to live in an environment which is adequate to personal health and well-being.    (6) Among the objectives of the Aarhus Convention is the desire to guarantee rights of public participation in decision-making which affects the environment in order to contribute to the protection of the right to live in an environment which is adequate to individual and public health and well-being. Amendment 6 RECITAL 8a (new) (8a) Article 8 of the Aarhus Convention requires the Community and Member States to strive to promote public participation during the preparation of executive regulations and other generally applicable legally binding rules that may have a significant effect on the environment. Amendment 7 RECITAL 9    (9) Article 9(2) and (4) of the Aarhus Convention provides for access to judicial or other procedures for challenging the substantive or procedural legality of acts or omissions subject to the public participation provisions of Article 6 of the Convention.    (9) Article 9(2) and (4) of the Aarhus Convention provides for access to judicial or other procedures for challenging the substantive or procedural legality of acts or omissions subject to the public participation provisions of Article 6 and other relevant articles of the Convention. Amendment 8 RECITAL 10    (10) Provision should be made in respect of certain directives in the environmental area which require Member States to produce plans and programmes relating to the environment, so as to ensure public participation consistent with the provisions of the Aarhus Convention, in particular Article 7 thereof.    (10) Provision should be made in respect of Community legislation which requires Member States to produce plans and programmes relating to the environment, so as to ensure public participation consistent with the provisions of the Aarhus Convention, in particular Article 7 thereof. Amendments 9, 10 and 33 ARTICLE 1 Public participation concerning plans and programmes Public participation concerning plans, programmes and policies    1. For the purposes of this Article “the public” shall mean one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups.    1. For the purposes of this Article “the public” shall mean one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups.    2. Member States shall ensure that the public are given early and effective opportunities to participate in the preparation and review of the plans or, as the case may be, programmes required to be drawn up under the provisions listed in Annex I.    2. Member States shall ensure that the public are given early and effective opportunities to participate in the different stages of the preparation and review of the plans or, as the case may be, programmes and policies required to be drawn up under the provisions listed in Annex I. To that end, Member States shall ensure that: To that end, Member States shall ensure that:    (a) the public are informed, whether by public notices or other appropriate means, about any proposals for such plans or programmes or for their review and that relevant information about such proposals is made available to the public;    (a) the public are informed, whether by public notices and using electronic media or other appropriate means, about any proposals for such plans, programmes or policies or for their review and that relevant information about such proposals is made available to the public, inter alia information about the right to participate in decision-making and about the competent authority to which comments or questions may be submitted ;    (b) the public are entitled to express comments and opinions before decisions on the plans and programmes are made;    (b) the public are entitled to express comments and opinions without prejudice to any options before decisions on the plans, programmes and policies are made;    (c) in making those decisions, due account shall be taken of the results of the public participation.    (c) in making those decisions, due account shall be taken of the results of the public participation.    3. Member States shall identify the public entitled to participate for the purposes of paragraph 2, including relevant non-governmental organisations, such as those promoting environmental protection.    3. Member States shall identify the public entitled to participate for the purposes of paragraph 2, including relevant non-governmental organisations, such as those promoting environmental protection. The detailed arrangements for public participation under this Article shall be determined by the Member States so as to secure a wide participation by the public. The detailed arrangements for public participation under this Article shall be determined by the Member States so as to secure a wide participation by the public. These arrangements may include educating the public about decision-making, or the funding of such education. Reasonable time-frames shall be provided allowing sufficient time for each of the different stages of public participation required by this Article. Reasonable time-frames shall be provided allowing sufficient time for each of the different stages of public participation required by this Article. 3a. Member States shall ensure that, having examined the concerns and opinions expressed by the public, the competent authority makes reasonable efforts to reply to the public individually or collectively, explaining the possible effects of public participation in the matter concerned. Amendment 30/rev ARTICLE 1, PARAGRAPH 3 b (new) 3b. Member States shall ensure that, in accordance with the relevant national legal system, the public referred to in paragraph 3:    (a) having a sufficient interest or, alternatively,    (b) maintaining the impairment of a right, where administrative procedural law of a Member State requires this as a precondition, has access to a review procedure before a court of law or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts or omissions subject to the public participation provisions of this Article. What constitutes a sufficient interest and impairment of a right shall be determined by the Member States. The provisions of this paragraph shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. Amendment 13 ARTICLE 2, POINT 1 Article 1, paragraphs 2 and 4 (Directive 85/337/EEC )    (1) In Article 1(2) the following definitions are added:    (1) Article 1 is amended as follows:    (a) In paragraph 2 the following definitions are added: “the public” means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups. “the public” means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups. “the public concerned” means the public affected or likely to be affected by, or having an interest in, the development consent procedure; for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest. “the public concerned” means the public affected or likely to be affected by, or having an interest in, the development consent procedure; for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest.    (b) Paragraph 4 is replaced by the following: “4. Member States may decide, on a case-by-case basis and in accordance with national law, not to apply this Directive to projects serving national defence purposes if such application would have an adverse impact on such projects.” Amendment 14 ARTICLE 2, POINT 1a (new) Article 2, paragraph 3 (Directive 85/337/EEC ) (1a) In Article 2(3), points (a) and (b) are replaced by the following: “(a) consider whether another form of assessment would be appropriate;    (b) make available to the public the information obtained in the manner referred to in point (a), the information relating to the exemption decision, the grounds for the decision and practical directions for seeking a review pursuant to Article 10a.” Amendments 34, 15 and 16 ARTICLE 2, POINT 2 Article 6, paragraphs 2 to 5 (Directive 85/337/EEC )    (a) Paragraphs 2 and 3 are replaced by the following: “2. Member States shall ensure that the public concerned are given early and effective opportunities to participate in the development consent procedure. Paragraphs 3, 4 and 5 shall apply for the purposes of such participation.    (a) Paragraphs 2 and 3 are replaced by the following: “2. Member States shall ensure that the public concerned are given early and effective opportunities to participate in the development consent procedure. Paragraphs 3, 4 and 5 shall apply for the purposes of such participation.    3. The public shall be informed, whether by public notices or other appropriate means, of the following matters early in the development consent procedure and, at the latest, as soon as information can be provided:    3. The public shall be informed, whether by public notices and using electronic media or other appropriate means, of the following matters early in the development consent or review procedure and, at the latest, as soon as information can be provided:    (a) the request for development consent;    (a) the request for development consent or the request for review of consent ;    (b) the fact that the project is subject to an environmental impact assessment procedure and, where relevant, the fact that Article 7 applies;    (c) details of the competent authorities responsible for taking the decision or from which relevant information can be obtained or to which comments or questions can be submitted;    (d) the nature of possible decisions or, where there is one, the draft decision;    (b) the fact that the project is subject to an environmental impact assessment procedure and, where relevant, the fact that Article 7 applies;    (c) details of the competent authorities responsible for taking the decision or from which relevant information can be obtained or to which comments or questions can be submitted;    (d) the nature of possible decisions or, where there is one, the draft decision;    (e) any information gathered pursuant to Article 5;    (f) the main reports and advice issued to the competent authority or authorities during the development consent procedure, including any opinions on the request expressed by any authorities consulted under paragraph 1;    (g) an indication of the times and places where and means by which the relevant information will be made available;    (h) details of the arrangements for public participation made pursuant to paragraph 5."    (e) any information gathered pursuant to Article 5;    (f) the main reports and advice issued to the competent authority or authorities during the development consent procedure, including any opinions on the request expressed by any authorities consulted under paragraph 1;    (g) an indication of the times and places where and means by which the relevant information will be made available;    (h) details of the arrangements for public participation made pursuant to paragraph 5."    (b) The following paragraphs 4 and 5 are added: “4. The public concerned shall be entitled to express comments and opinions to the competent authority or authorities before the decision on the request for development consent is taken.    (b) The following paragraphs 4, 5 and 5a are added: “4 The public concerned shall be entitled to express comments and opinions without prejudice to any options to the competent authority or authorities before the decision on the request for development consent is taken. In making those decisions, due account shall be taken of the results of the public participation.    5. The detailed arrangements, for informing the public (for example by bill posting within a certain radius or publication in local newspapers) and for consulting the public concerned (for example by written submissions or by way of a public enquiry), shall be determined by the Member States. Reasonable time-frames shall be provided, allowing sufficient time for each of the different stages provided for in this Article.”    5. The detailed arrangements for informing the public (for example by bill posting within a certain radius or publication in local newspapers) and for consulting the public concerned (for example by written submissions or by way of a public enquiry) shall be determined by the Member States. Reasonable time-frames shall be provided for each of the different stages , allowing sufficient time for informing the public and for the public to prepare and participate effectively as provided for in this Article. 5a. Member States shall ensure that, having examined the concerns and opinions expressed by the public, the competent authority makes reasonable efforts to reply to the public.” Amendments 20 and 21 ARTICLE 2, POINT 4 Article 9 (Directive 85/337/EEC )    4. In Article 9, paragraph 2 is replaced by the following :    4. Article 9 is amended as follows :    (a) In paragraph 1 the following indent is added: “- practical directions concerning the procedure for seeking review pursuant to Article 10a”;    (b) Paragraph 2 is replaced by the following: “2. The competent authority or authorities shall inform any Member State which has been consulted pursuant to Article 7, forwarding to it the information referred to in paragraph 1 of this Article. “2. The competent authority or authorities shall inform any Member State which has been consulted pursuant to Article 7, forwarding to it the information referred to in paragraph 1 of this Article. The consulted Member States shall ensure that that information is made available to the public concerned in their own territory.” The consulted Member States shall ensure that that information is made available to the public concerned in an appropriate manner in their own territory and language .” Amendment 31/rev ARTICLE 2, POINT 5 Article 10a, paragraph 1 (Directive 85/337/EEC ) Member States shall ensure that, in accordance with the relevant national legal system, the public concerned has access to a review procedure before a court of law or another body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to the public participation provisions of this Directive. Member States shall ensure that, in accordance with the relevant national legal system, the public concerned:    (a) having a sufficient interest or, alternatively,    (b) maintaining the impairment of a right, where administrative procedural law of a Member State requires this as a precondition, has access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to the public participation provisions of this Directive. What constitutes a sufficient interest and impairment of a right shall be determined by the Member States. The provisions of this Article shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. Amendment 35 ARTICLE 3, POINT 3 Article 15 (Directive 96/61/EC)    (a) Paragraph 1 is replaced by the following: “1. Member States shall ensure that the public concerned are given early and effective opportunities to participate in the procedure for the taking of decisions on the issuing or the updating of a permit or of permit conditions. The procedure set out in Annex V shall apply for the purposes of such participation.”    (a) Paragraph 1 is replaced by the following: “1. Member States shall ensure that the public concerned are given early and effective opportunities to participate in the different stages of the procedure for the taking of decisions on the issuing or the updating of a permit or of permit conditions. The procedure set out in Annex V shall apply for the purposes of such participation.”    (b) The following paragraph 5 is added:    (b) The following paragraphs 4a and 5 are added: “4a. Member States shall ensure that, having examined the concerns and opinions expressed by the public, the competent authority makes reasonable efforts to reply to the public. “5. When a decision has been taken, the competent authority shall inform the public in accordance with the appropriate procedures and shall make available to the public the following information:    (a) the content of the decision, including a copy of the permit and of any conditions and any subsequent updates; and    (b) the reasons and considerations on which the decision is based.”    5. When a decision has been taken, the competent authority shall inform the public in accordance with the appropriate procedures and shall make available to the public the following information:    (a) the content of the decision, including a copy of the permit and of any conditions and any subsequent updates;    (b) the reasons and considerations on which the decision is based, and    (ba) practical directions concerning the procedure for seeking review pursuant to Article 15a.” Amendments 32/rev. and 23 ARTICLE 3, POINT 4 Article 15a (Directive 96/61/EC) Member States shall ensure that, in accordance with the relevant national legal system, the public concerned has access to a review procedure before a court of law or another body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to the public participation provisions of this Directive. Member States shall ensure that, in accordance with the relevant national legal system, the public concerned:    (a) having a sufficient interest or, alternatively,    (b) maintaining the impairment of a right, where administrative procedural law of a Member State requires this as a precondition, has access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to the public participation provisions of this Directive. What constitutes a sufficient interest and impairment of a right shall be determined by the Member States. The provisions of this Article shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be expeditious and shall not be prohibitively expensive. Any such procedure shall be expeditious and either free or cheap. Amendment 24 ARTICLE 3, POINT 5, POINT (b) Article 17, paragraph 4 (Directive 96/61/EC)    4. The competent authority shall inform any Member State which has been consulted pursuant to paragraph 1, of the decision reached on the application and shall forward to it the information referred to in Article 15(5). That Member State shall take the measures necessary to ensure that that information is made available to the public concerned in its own territory.    4. The competent authority shall inform any Member State which has been consulted pursuant to paragraph 1, of the decision reached on the application and shall forward to it the information referred to in Article 15(5). That Member State shall take the measures necessary to ensure that that information is made available in an appropriate manner to the public concerned in its own territory and language. Amendment 25 ANNEX I, TITLE PROVISIONS FOR PLANS AND PROGRAMMES REFERRED TO IN ARTICLE 3 PROVISIONS FOR PLANS, PROGRAMMES AND POLICIES REFERRED TO IN ARTICLE 1 Amendment 26 ANNEX I, POINT (g a) (new)    (ga) Other Community legislation, plans and programmes, which may have a significant effect on the environment or on individual and public health and well-being, the implementation of which is required to take account of Article 6 of the Treaty. Amendments 27, 28 and 29 ANNEX III Annex V (Directive 96/61/EC)    1. The public shall be informed (by public notices or other appropriate means) of the following matters early in the procedure for the taking of a decision or, at the latest, as soon as the information can be provided:    1. The public shall be informed (by public notices and using electronic media or other appropriate means) of the following matters early in the procedure for the taking of a decision or, at the latest, as soon as the information can be provided:    (a) the application for a permit or, as the case may be, the proposal for the updating of a permit or of permit conditions, including in all cases the description of the elements listed in Article 6(1);    (a) the application for a permit or, as the case may be, the proposal for the reconsideration or updating of a permit or of permit conditions, including in all cases the description of the elements listed in Article 6(1);    (b) where applicable, the fact that a decision is subject to a national or transboundary environmental impact assessment or to consultations between Member States in accordance with Article 17;    (b) where applicable, the fact that a decision is subject to a national or transboundary environmental impact assessment or to consultations between Member States in accordance with Article 17;    (c) details of the competent authorities responsible for taking the decision or from which relevant information can be obtained or to which comments (or questions) can be submitted;    (c) details of the competent authorities responsible for taking the decision or from which relevant information can be obtained or to which comments (or questions) can be submitted;    (d) the nature of possible decisions or, where there is one, the draft decision;    (d) the nature of possible decisions or, where there is one, the draft decision;    (e) where applicable, the details relating to a proposal for the updating of a permit or of permit conditions;    (e) where applicable, the details relating to a proposal for the updating of a permit or of permit conditions;    (f) the main reports and advice issued to the competent authority in connection with the taking of the decision;    (f) the main reports and advice issued to the competent authority in connection with the taking of the decision;    (g) an indication of the times and places where or means by which the relevant information will be made available;    (g) an indication of the times and places where or means by which the relevant information will be made available;    (h) details of the arrangements for public participation and consultation made pursuant to paragraph 4.    (h) details of the arrangements for public participation and consultation made pursuant to paragraph 4.    2. The public concerned shall be entitled to express comments and opinions to the competent authority before a decision is taken.    2. The public concerned shall be entitled to submit comments and opinions in writing or, if appropriate, at a public hearing, to the competent authority before a decision is taken.    3. The results of the consultations held pursuant to this Annex must be taken into consideration in the taking of a decision.    3. The results of the consultations held pursuant to this Annex must be duly taken into consideration in the taking of a decision.    4. The detailed arrangements for informing the public (for example by bill posting within a certain radius or publication in local newspapers) and consulting the public concerned (for example by written submissions or by way of a public enquiry) shall be determined by the Member States. Reasonable time-frames shall be provided allowing sufficient time for each of the different stages provided for in this Annex."    4. The detailed arrangements for informing the public (for example by bill posting within a certain radius or publication in local newspapers) and consulting the public concerned (for example by written submissions or by way of a public enquiry) shall be determined by the Member States. Reasonable time-frames shall be provided allowing sufficient time for informing the public, and for the public to prepare and participate effectively in each of the different stages provided for in this Annex."

European Parliament legislative resolution on the proposal for a European Parliament and Council directive on providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending Council directives 85/337/EEC and 96/61/EC (COM(2000) 839 - C5-0027/2001 - 2000/0331(COD) )

P5_TA(2001)0545 A5-0321/2001

(Codecision procedure: first reading)

The European Parliament,

-  having regard to the Commission proposal to the European Parliament and the Council (COM(2000) 839 (2) ),

-  having regard to Articles 251(2) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0027/2001 ),

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

-  having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinions of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the Committee on Petitions (A5-0321/2001 ),

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 154 E, 29.5.2001, p. 123. (2) OJ C 154 E, 29.5.2001, p. 123.

Proposal for a Council regulation establishing a general framework for Community activities to facilitate the implementation of a European judicial area in civil matters (COM(2001) 221 - C5-0254/2001 - 2001/0109(CNS) )

P5_TA(2001)0546 A5-0339/2001

The proposal was amended as follows:

Text proposed by the Commission(1)   Amendments by Parliament Amendment 1 Recital 6 a (new) (6a) Decision No 1496/98/EC of the European Parliament and the Council of 22 June 1998(1 ) established an action programme to improve awareness of Community law within the legal professions (Robert Schuman project) for a period of three years. ______________ (1 ) OJ L 196, 14.7.1998, p. 24. Amendment 2 Recital 16 a (new) (16a) The financial framework of the activities should be compatible with the current ceiling under heading 3 of the financial perspective, with no restriction being placed on other currently funded programmes. Amendment 3 Recital 16 b (new) (16b) The administrative expenditure should be covered from allocations under heading 5 within the framework of decisions to be taken during the annual budgetary procedure. Amendment 4 Article 2, point 1, point (a)    (a) ensuring legal certainty and improving access to justice,    (a) ensuring legal certainty, in particular the rights of the defence, and improving access to justice, Amendment 5 Article 5, point 2    2. they must pursue activities with a European dimension and involve, as a general rule, at least two thirds of the Member States;    2. they must pursue activities with a European dimension and involve, as a general rule, at least one third of the Member States; Amendment 6 Article 6, paragraph 4 a (new) 4a. For the purposes of this Regulation, "legal practitioners” means judges, prosecutors, lawyers, academics, ministry officials, judicial officials, bailiffs, court interpreters and others involved in the administration of justice in the area of civil law.

European Parliament legislative resolution on the proposal for a Council regulation establishing a general framework for Community activities to facilitate the implementation of a European judicial area in civil matters (COM(2001) 221 - C5-0254/2001 - 2001/0109(CNS) )

P5_TA(2001)0546 A5-0339/2001

(Consultation procedure)

The European Parliament,

-  having regard to the Commission proposal to the Council (COM(2001) 221 (2) ),

-  having been consulted by the Council pursuant to Articles 61(c) of the EC Treaty (C5-0254/2001 ),

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

-  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinion of the Committee on Budgets (A5-0339/2001 ),

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.  Calls for the conciliation procedure to be initiated should the Council intend to depart from the text approved by Parliament;

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

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

(1) OJ C 213 E, 31.7.2001, p. 271. (2) OJ C 213 E, 31.7.2001, p. 271.

Initiative of the Kingdom of Belgium and of the Kingdom of Sweden with a view to the adoption of a Council regulation on the development of the second generation Schengen information system (SIS II) (9844/2001 - C5-0315/2001 - 2001/0818(CNS) )

P5_TA(2001)0547 A5-0333/2001

The initiative was amended as follows:

Text proposed by Kingdom of Belgium and the Kingdom of Sweden(1)   Amendments by Parliament Amendment 1 Recital 12a (new) (12a) The Schengen information system should be managed within the EU framework by a separate agency, financed from the EU budget, and the Community information system operating under the responsibility of the Commission should be established under a single computer network system for the data received under the three conventions (Schengen, Europol and Customs Use). Amendment 2 Article 1 In order to ensure the realisation of the objectives of the Community with regard to the free movement of persons in the absence of controls when crossing internal borders and the exercise of controls at external borders over the entry of third country nationals into the Community, it is necessary for the Member States to have in place a joint information system enabling the authorities designated by them to have access, by means of an automated search procedure, to alerts on third country nationals for the purpose of checks to be carried out at external borders and elsewhere within the territory, and for the purpose of examining visa applications and applications for residence permits. In order to ensure the realisation of the objectives of the Community with regard to the free movement of persons in the absence of controls when crossing internal borders and the exercise of controls at external borders over the entry of third country nationals into the Community, it is necessary for the Member States to have in place, under the supervision of the joint supervisory data-protection body, a joint information system enabling the authorities designated by them to have access, by means of an automated search procedure, to alerts on third country nationals for the purpose of checks to be carried out at external borders and elsewhere within the territory, and for the purpose of examining visa applications and applications for residence permits. Amendment 5 Article 6, paragraph 1    1. The Commission shall be assisted by a Management or Regulatory committee respectively.    1. The Commission shall be assisted by an advisory or m anagement committee. Amendment 6 Article 6, paragraph 2    2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.    2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months. Amendment 7 Article 6, paragraph 3    3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.    3. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at two months. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months. Amendment 3 Article 7 The Commission shall submit by the end of every six month period, and for the first time by the end of the second six month period of 2002, a progress report to the Council concerning the development of SIS II. The Commission shall submit by the end of every six month period, and for the first time by the end of the second six month period of 2002, a progress report to the Council and the European Parliament concerning the development of SIS II.

European Parliament legislative resolution on the initiative of the Kingdom of Belgium and of the Kingdom of Sweden with a view to the adoption of a Council Regulation on the development of the second generation Schengen information system (SIS II) (9844/2001 - C5-0315/2001 - 2001/0818(CNS) )

P5_TA(2001)0547 A5-0333/2001

(Consultation procedure)

The European Parliament,

-  having regard to the initiative by the Kingdom of Belgium and the Kingdom of Sweden (9844/2001(2) ),

-  having regard to Article 66 of the EC Treaty,

-  having been consulted by the Council pursuant to Article 67 of the EC Treaty (C5-0315/2001 ),

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

-  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinion of the Committee on Budgets (A5-0333/2001 ),

1.  Approves the initiative by the Kingdom of Belgium and the Kingdom of Sweden as amended;

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

3.  Calls for the conciliation procedure to be initiated should the Council intend to depart from the text approved by Parliament;

4.  Asks to be consulted again if the Council intends to amend the initiative by the Kingdom of Belgium and the Kingdom of Sweden substantially;

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

(1) OJ C 183, 29.6.2001, p. 12. (2) OJ C 183, 29.6.2001, p. 12.

Initiative of the Kingdom of Belgium and of the Kingdom of Sweden with a view to the adoption of a Council Decision on the development of the second generation Schengen information system (SIS II) (9845/2001 - C5-0316/2001 - 2001/0819(CNS) )

P5_TA(2001)0548 A5-0333/2001

The initiative was amended as follows:

Text proposed by the Kingdom of Belgium and the Kingdom of Sweden(1)   Amendments by Parliament Amendment 4 Recital 10a (new) (10a) The Schengen information system should be managed within the EU framework by a separate agency, financed from the EU budget, and the Community information system operating under the responsibility of the Commission should be established under a single computer network system for the data received under the three conventions (Schengen, Europol and Customs Use).

European Parliament legislative resolution on the initiative of the Kingdom of Belgium and of the Kingdom of Sweden with a view to the adoption of a Council decision on the development of the second generation Schengen information system (SIS II) (9845/2001 - C5-0316/2001 - 2001/0819(CNS) )

P5_TA(2001)0548 A5-0333/2001

(Consultation procedure)

The European Parliament,

-  having regard to the initiative by the Kingdom of Belgium and the Kingdom of Sweden (9845/2001(2) ),

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

-  having been consulted by the Council pursuant to Articles 39(1) of the EU Treaty (C5-0316/2001 ),

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

-  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinion of the Committee on Budgets (A5-0333/2001 ),

1.  Approves the initiative by the Kingdom of Belgium and the Kingdom of Sweden as amended;

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

3.  Calls for the conciliation procedure to be initiated should the Council intend to depart from the text approved by Parliament;

4.  Asks to be consulted again if the Council intends to amend the initiative by the Kingdom of Belgium and the Kingdom of Sweden substantially;

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

(1) OJ C 183, 29.6.2001, p. 14. (2) OJ C 183, 29.6.2001, p. 14.

European Parliament resolution on the international monetary system - how to make it work better and avoid future crises (2000/2017(INI))

P5_TA(2001)0549 A5-0302/2001

The European Parliament,

-  having regard to the work under way in the various international fora, in particular the IMF, the World Bank, the Bank for International Settlements and the Financial Stability Forum, and a number of international professional organisations, including the International Accounting Standards Committee, the International Federation of Accountants and the International Association of Securities Commissions,

-  having regard to the motion for a resolution by Muscardini, Nobilia, Mauro and Gemelli on the real economy and the financial economy (B5-0306/2000 ),

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

-  having regard to the report of the Committee on Economic and Monetary Affairs (A5-0302/2001 ),

A.  having regard to the recurrence and extent of monetary and financial crises on an international scale, of which, according to IMF figures, there have been close to 120 since 1975,

B.  having regard in particular to the Asian crisis in 1997 and the Russian and Brazilian crises in 1998, which, because of the devastating impact of propagation and contagion, almost turned into a global crisis and are the root cause of awareness on the part of all political and economic actors, for which there is no precedent, of the need for thorough reform of the international financial architecture,

C.  having regard to the many shortcomings of the international financial architecture revealed by the crises over the last few years, in particular in terms of prudential supervision and oversight of international financial activities and international organisations' ability to prevent or effectively manage crises,

D.  whereas an international financial system can be stable only if Member States' economic policies are geared to growth and employment,

E.  whereas open financial markets ultimately produce major efficiency gains for the international economy, provided that they are contained within a more effective environment so as to minimise the risks to all countries' economic stability,

F.  whereas the real economy bears the cost of financial instability, and the crises it brings about, in terms of lost opportunities for growth, jobs and economic and social well-being,

G.  having regard to the central role played by financial engineering and innovation, which, by allowing real economic transactions to be divided into distinct and repetitive non-cash monetary operations, permits risk to be broken down and exchanged on the markets,

H.  whereas, however, financial engineering leads at the same time to increasing complexity of financial transactions and risk-taking channels, posing major risk-monitoring and analysis problems for regulatory and supervisory authorities, whether public or private within large groups,

I.  whereas public or private-sector overindebtedness has been the starting point for a host of crises,

J.  whereas necessary financial stability is a public good, fully warranting public authorities' responsibility and role in preventing all crises, or, failing that, in managing them as well as possible,

K.  having regard, in this context, to the existence of moral hazard and the special challenge facing public authorities as regards the optimum equilibrium to be achieved between free operation of markets and the need for them to be regulated, on the one hand, and, on the other, the occurrence of crises and private-sector involvement in public bailouts,

L.  whereas all countries, including off-shore centres and tax havens, need to be subject to minimum prudential rules,

M.  having regard to the central role the European Union is duty-bound to play in the global debate on the new financial architecture,

1.  Takes the view that the aim of the reforms of the international financial institutions under way must be to make them more efficient and more transparent, in particular with regard to the IMF and the World Bank, but also more universal, in particular with regard to the BIS and other limited-multilateralism organisations;

2.  Advocates globally integrated prudential supervision and oversight, which have become essential not only because of the globalisation of financial activities but also because of their increasing disintermediation and the increased number of different players on this market; while rejecting the notion of a world super-regulator as unfeasible, appeals for much closer cooperation at international level between national supervisory and oversight authorities, in particular through exchange of information on the activities of transnationally operating groups;

3.  Calls for this role of coordinating existing national supervisory and oversight authorities to fall, at European level, to the European Central Bank; is of the opinion that, as a corollary to this role, the ECB ought also to take an active part in the introduction of close coordination at international level;

4.  Calls for the discussions and work in progress to focus on prevention of systemic crises; to that end, proposes the creation of a 'systemic risk monitoring centre' to be attached to the BIS;

5.  Takes the view that the IMF is the only institution concerned about the smooth operation of the world economy in terms of its macro-economic interdependence and that, in view of the dominating influence of international financial markets on the world economy, it bears special responsibility for the surveillance of financial vulnerabilities;

6.  While taking the view that the IMF must devote itself to its main task - macroeconomic surveillance of all countries - supports taking further the current reform of the way in which the IMF is organised and operates, involving in particular:

7.  Appeals also, in this context, for European positions to be better coordinated and coherently represented in all international economic and financial bodies;

8.  Regards it as essential to apply joint rules and standards at international level, in particular in the statistical accounting, evaluation and audit fields, using private-sector resources and expertise to draft them and making all IMF aid subject to the implementation thereof in all the organisation's member countries;

9.  Agrees with the calls made by the Financial Stability Forum for a legal and judicial framework allowing prompt settlement of all disputes between parties, in particular where one party has become insolvent, by:

10.  Believes that the private sector needs to be involved in crisis management; argues for the inclusion of collective action clauses, in particular for bond contracts, so as to permit monetary crises to be managed with the participation of the private sector; considers it desirable for the European Union to show the way by means of a European directive;

11.  Considers that, in some cases, such involvement may extend as far as a freeze on debt servicing payments, which may make it possible to confine the moral hazard and reduce the cost of restructuring programmes; considers that the IMF would have authority to guarantee the validity of the standstill vis-à-vis the international financial community;

12.  Takes the view that better crisis prevention is not possible without enhanced surveillance of off-balance-sheet transactions, in particular all derivatives (including all OTC derivatives); they must not be able to enjoy a competitive advantage over other financial products, which is the case when they are, comparatively, less controlled and less regulated than the latter;

13.  Supports, to that end, the creation of a 'credit register' at the BIS in order to centralise all information on the exposure of all significant financial enterprises to highly leveraged institutions;

14.  Underscores the need to bolster prudential requirements imposed on banks where they serve to offset speculative funds (or hedge funds); considers, by the same token, that refinancing of speculative funds operating in countries not covered by the Basle Accords must be made more difficult and more costly;

15.  Insists, in the same spirit, that the EU put financial supervision and provisions to fight money laundering at the top of the agenda of accession negotiations;

16.  Calls on the EU to agree measures to restrict financial business with countries and off-shore centres which do not comply, according to the analyses of FATF (Financial Action Task Force on Money Laundering), with international minumum prudential rules;

17.  Considers that, in connection with enhanced prudential supervision and oversight at international level, the European Union is also duty-bound to adjust its approach in this connection by designating the European System of Central Banks, in accordance with Article 105(6) of the EC Treaty, as the bona fide body to coordinate national supervisory and oversight authorities; takes the view, furthermore, that the very existence of a single currency and a single market in financial services in the process of completion makes this a necessity;

18.  Acknowledges the challenges posed by better control over short-term speculation and the destabilising effects it represents; takes the view that it is for emerging countries to protect themselves through domestic liberalisation accompanied by effective supervision, before proceeding with external liberalisation of capital movements, and, should it be necessary, to imitate the Chilean approach of requiring non-interest bearing deposits to match foreign capital on entry in order to promote the longer maturities of external obligations;

19.  Welcomes in this connection the Ecofin Council's decision to call on the Commission to carry out, before the end of February 2002, a study on globalisation and development, in order to assess the advantages and disadvantages of financial globalisation (international capital flows, combating volatility on the financial markets), and to take stock of development aid at international level (debt alleviation, access to markets and to foreign investment); calls for this study to be drawn up in as objective a way as possible taking account of the work carried out by different schools of economists;

20.  Stresses that the European Union is also affected by this problem and must equip itself with prudential instruments as part of regulation of an integrated financial market; calls for a prompt discussion of these prudential instruments by the institutions on the basis of the studies available;

21.  Calls, pursuant to Article VII of the IMF's Articles of Association, for a standstill procedure on debt-servicing for countries hit by a liquidity or solvency crisis, so as to give such countries enough time to develop a debt restructuring plan;

22.  Appeals to the IMF and the industrialised nations to allow the poorest countries to make a fresh start, tied to appropriate economic policy conditions, by cancelling their debt and to allow indebted emerging countries to repay their debt on the basis of a percentage of the proceeds of their exports, in accordance with a famous historical precedent;

23.  Calls for the IMF, in its structural adjustment programmes, to allow for the social aspects of the reforms to be proposed; invites the World Bank and the regional development banks to devote themselves, first and foremost, to combating poverty through educational, social and health-related programmes in particular;

24.  Instructs its President to forward this resolution to the Commission, the Council, the General Manager of the Bank for International Settlements, the President of the ECB, the Managing Director of the IMF, the President of the World Bank, the Director-General of the WTO and the Secretary-General of the United Nations.