European Parliament legislative resolution on the proposal for a European Parliament and Council directive amending, for the twenty-fifth time, Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogens, mutagens or substances toxic to reproduction – c/m/r) (COM(2002) 70 – C5&nbhy;0063/2002 – 2002/0040(COD))

P5_TA(2002)0284 A5-0181/2002

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 70),

–   having regard to Article 251(2) of the EC Treaty and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5&nbhy;0063/2002),

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

–   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5&nbhy;0181/2002),

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.  Asks the Commission to make publicly available a consolidated list of Annex I of Directive 76/769/EEC, as well as of Annexes I of Directive 67/548/EEC and Directive 1999/45/EC, and to update this consolidation after each modification of these directives;

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

Position of the European Parliament adopted at first reading on 11 June 2002 with a view to the adoption of European Parliament and Council Directive 2002/…./EC amending, for the twenty-fifth time, Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogens, mutagens or substances toxic to reproduction – c/m/r)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social Committee (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

(1)  Council Directive 76/769/EEC(4) lays down restrictions on the marketing and use of certain dangerous substances and preparations.

(2)  The measures provided for in this Directive fall within the framework of the action plan in Decision No 646/96/EC of the European Parliament and of the Council of 29 March 1996 adopting an action plan to combat cancer within the framework for action in the field of public health (1996 to 2000) (5), which has been extended until the end of 2002 by Decision No 521/2001/EC.

(3)  In order to improve health protection and consumer safety, substances classified as carcinogenic, mutagenic or toxic to reproduction, and preparations and articles containing them, should not be placed on the market for use by the general public. The Commission should submit a proposal by the end of 2002 to phase out the use of such substances in articles for use by the general public.

(4)  The Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers, after being consulted by the Commission, has stated that substances classified according to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(6) as carcinogenic (except substances only carcinogenic by inhalation), mutagenic or toxic to reproduction of category 1 or 2, and substances with similar potential, must not be intentionally added to cosmetic products.

(5)  In order to improve health protection and consumer safety as regards the use of preparations containing substances classified as carcinogenic, mutagenic or toxic to reproduction, the derogation from the ban on sale to the general public of such preparations granted in respect of cosmetic products should be abolished.

(6)  Directive 94/60/EC of the European Parliament and of the Council of 20 December 1994 amending for the fourteenth time Directive 76/769/EEC(7) establishes, in the form of an Appendix concerning points 29, 30 and 31 of Annex I to Directive 76/769/EEC, a list containing substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2. Such substances and preparations should not be placed on the market for use by the general public.

(7)  Directive 94/60/EC provides for the said list to be extended shortly after publication of an adaptation to technical progress of Annex I to Directive 67/548/EEC, which contains substances classified as carcinogenic, mutagenic or toxic to reproduction of category 1 or 2.

(8)  Commission Directive 2001/59/EC of 6 August 2001, which adapted to technical progress for the twenty-eighth time Directive 67/548/EEC, and more particularly Annex I thereto, contains two substances newly classified as carcinogenic category 1, nineteen substances newly classified as carcinogenic category 2, five substances newly classified as mutagenic category 2, one substance newly classified as toxic to reproduction category 1 and sixteen substances newly classified as toxic to reproduction category 2.

(9)  Those substances should be added to the list in the appendix to Annex I to Directive 76/769/EEC.

(10)  The risks and advantages of the substances newly classified, by Directive 2001/59/EC, as carcinogenic, mutagenic and toxic to reproduction of category 1 or 2 have been taken into account.

(11)  This Directive applies without prejudice to Community legislation laying down minimum requirements for the protection of workers contained in Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (8), and individual directives based thereon, in particular Council Directive 90/394/EEC of 28 June 1990 on the protection of workers from the risks related to exposure to carcinogens at work (Sixth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (9),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 76/769/EEC is hereby amended as follows:

1.  In the column entitled "Conditions of restriction":

2.  The substances listed in the Annex to this Directive shall be added to those substances listed in the appendix concerning points 29, 30 and 31 of Annex I to Directive 76/769/EEC. The substances listed in the Annex to this Directive in point 1(c) shall be deleted from list 2 of point 29 of Annex I to Directive 76/769/EEC.

Article 2

1.  Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive no later than ... [nine months after the date of its entry into force]. They shall forthwith inform the Commission thereof.

They shall apply those provisions from ... [twelve months after the date of the entry into force of this Directive].

2.  When Member States adopt these provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member Sates shall determine how such reference is to be made.

Article 3

This Directive shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

Done at,

For the European Parliament For the Council

The President The President

ANNEX

(1) OJ C 126 E, 28.5.2002, p. 398. (2) OJ C . (3) Position of the European Parliament of 11 June 2002. (4) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2001/91/EC (OJ L 286, 29.10.2001, p. 27). (5) OJ L 95, 16.4.1996, p. 9. Decision as amended by Decision No 521/2001/EC (OJ L 79, 17.3.2001, p. 1). (6) OJ Special Edition: Series 1, Chapter 1967, p. 234. Directive as last amended by Commission Directive 2001/59/EC (OJ L 225, 21.8.2001, p. 1). (7) OJ L 365, 31.12.1994, p. 1. (8) OJ L 183, 29.6.1989, p. 1. (9) OJ L 196, 26.7.1990, p. 1. Directive as last amended by Council Directive 1999/38/EC (OJ L 138, 1.6.1999, p. 66).

European Parliament legislative resolution on the draft Council framework decision on the execution in the European Union of orders freezing property or evidence (6980/2002 – C5&nbhy;0152/2002 – 2001/0803(CNS))

P5_TA(2002)0285 A5-0172/2002

(Consultation procedure - reconsultation)

The European Parliament,

–   having regard to the draft Council framework decision (6980/2002),

–   having regard to the initiative by the Governments of the French Republic, the Kingdom of Sweden and the Kingdom of Belgium (5126/2001(1)),

–   having regard to its position of 20 September 2001 on the first consultation(2),

–   having regard to Article 34(2)(b) of the EU Treaty,

–   having been consulted once again by the Council, pursuant to Article 39(1) of the EU Treaty (C5-0152/2002),

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

–   having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0172/2002),

1.  Approves the draft Council framework decision as amended;

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

3.  Asks to be consulted again if the Council intends to make substantial modifications to the draft Council framework decision;

4.  Instructs its President to forward this opinion to the Council, the Commission and the Governments of the French Republic, the Kingdom of Sweden and the Kingdom of Belgium.

Council draft   Amendments by Parliament Amendment 1 Title Council Framework Decision .../.../JHA on the execution in the European Union of orders freezing property or evidence Council Framework Decision .../.../JHA on the execution in the European Union of orders freezing property with a view to subsequently seizing it or to obtaining and securing the evidence of an offence Amendment 2 Recital 1 (1)  The European Council, meeting in Tampere on 15 and 16 October 1999, endorsed the principle of mutual recognition, which should become the cornerstone of judicial cooperation in both civil and criminal matters within the Union. (1)  The European Council, meeting in Tampere on 15 and 16 October 1999, endorsed (in particular in conclusion 33) the principle of mutual recognition, which should become the cornerstone of judicial cooperation in both civil and criminal matters within the Union. Amendment 3 Recital 1a (new) (1a) Pursuant to conclusion 36 of the Tampere European Council, the existing relations for cooperation amongst the Member States should be replaced by a system under which judicial decisions on criminal matters taken both prior to and on conclusion of a trial are mutually recognised throughout the area of freedom, security and justice. Amendment 4 Recital 2 (2)  The principle of mutual recognition should also apply to pre-trial orders, in particular to those which would enable competent authorities quickly to secure evidence and to seize property which are easily movable. (2)  The principle of mutual recognition should also apply to pre-trial orders, in particular to those which would enable competent judicial authorities quickly to freeze property which is easily movable with a view to subsequently seizing it or to obtaining or securing evidence of an offence. Amendment 5 Recital 3 (3)  On 29 November 2000 the Council, in accordance with the Tampere conclusions, adopted a programme of measures to implement the principle of mutual recognition in criminal matters, giving first priority (measures 6 and 7) to the adoption of an instrument applying the principle of mutual recognition to the freezing of evidence and property. (3)  On 29 November 2000 the Council, in accordance with the Tampere conclusions, adopted a programme of measures to implement the principle of mutual recognition in criminal matters, giving first priority (measures 6 and 7) to the adoption of an instrument applying the principle of mutual recognition to the freezing of property with a view to the subsequent seizure thereof or to obtaining or securing evidence of an offence. Amendment 6 Recital 3a (new) (3a) Freezing orders should be subject to adequate checks and should be issued by the competent judicial authorities. Amendment 7 Article 1 The purpose of the Framework Decision is to establish the rules under which a Member State shall recognise and execute in its territory a freezing order issued by a judicial authority of another Member State. It shall not have the effect of amending the obligation to respect the fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union. The purpose of the Framework Decision is to establish the rules under which a Member State shall recognise and execute in its territory a freezing order which has been issued in respect of property (with a view to the subsequent seizure thereof), or in order to obtain or secure evidence of an offence, by a judicial authority of another Member State in the framework of criminal proceedings. It shall not have the effect of amending the obligation to respect the fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union. Amendment 8 Article 2, point (a) (a) 'issuing State' shall mean the Member State in which a judicial authority, as defined in the national law of the issuing State, has made, validated or in any way confirmed a freezing order in the framework of criminal proceedings; (a) 'issuing State' shall mean the Member State in which a judicial authority, as defined in the national law of the issuing State, has made, validated or in any way confirmed a freezing order issued in the framework of criminal proceedings with a view to the subsequent seizure of property or for the purpose of obtaining or securing evidence of an offence; Amendment 9 Article 2, point (c) (c) 'freezing order' shall mean any measure taken by a competent judicial authority in the issuing State in order provisionally to prevent the destruction, transformation, moving, transfer or disposal of property that could be subject to confiscation or evidence. (c) 'freezing order' shall mean any measure taken, in the framework of criminal proceedings, by a competent judicial authority in the issuing State in order provisionally to prevent the destruction, transformation, moving, transfer or disposal of property that could be subject to confiscation or evidence. Amendment 10 Article 2, point (d), introduction (d) 'property' includes property of any description, whether corporeal or incorporeal, movable or immovable, and legal documents and instruments evidencing title to, or interest in such property, which the competent judicial authority in the issuing State considers: (d) 'property' includes property of any description, whether corporeal or incorporeal, movable or immovable, data stored on any type of system or support, and legal documents and instruments evidencing title to, or interest in such property, which the competent judicial authority in the issuing State considers: Amendment 11 Article 3, paragraph 2, introductory sentence 2.  The following offences, as they are defined by the law of the issuing Member State, and if they are punishable in the issuing Member State by a custodial sentence of a maximum of at least three years shall not be subject to verification of the double criminality: 2.  The following offences, as they are defined by the law of the issuing Member State, and if they are punishable in the issuing Member State by a custodial sentence of a maximum of at least two years shall not be subject to verification of the double criminality: Amendment 12 Article 3, paragraph 3 3.  The Council may decide to add other categories of offence to the list contained in paragraph 2 at any time, acting unanimously after consultation of the European Parliament under the conditions laid down in Article 39(1) of the TEU. The Council shall consider, in the light of the report submitted by the Commission pursuant to Article 14, whether the list should be extended or amended. 3.  The Council may decide to add other categories of offence to the list contained in paragraph 2 at any time, acting unanimously after consultation of the European Parliament under the conditions laid down in Article 39(1) of the TEU. The Council shall consider, in the light of the report submitted by the Commission pursuant to Article 14, whether the list should be extended. Amendment 13 Article 5, paragraph 2 2.  Any additional coercive measures rendered necessary by the freezing order shall be taken in accordance with the applicable procedural rules of the executing state. 2.  Any additional coercive measures rendered necessary by the freezing order shall be proportionate and taken in accordance with the applicable procedural rules of the executing state. Amendment 14 Article 11, paragraph 2a (new) 2a. In the executing State, an action may relate solely to the grounds for non-recognition or non-execution laid down in Article 7, the grounds for postponement of execution laid down in Article 8 and the conditions of execution referred to in Article 6(2). Amendment 15 Article 14, paragraph 1 1.  Member States shall take the necessary measures to comply with the provisions of this Framework Decision by [...]. 1.  Member States shall take the necessary measures to comply with the provisions of this Framework Decision by 31 December 2002. Amendment 16 Article 14, paragraph 2 2.  By the same date Member States shall transmit to the General Secretariat of the Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. On the basis of a report established on the basis of this information and a written report by the Commission, the Council shall, by [...], assess the extent to which Member States have taken the necessary measures in order to comply with this Framework Decision. 2.  By the same date Member States shall transmit to the General Secretariat of the Council and to the Commission the text of the provisions transposing into their national law the obligations imposed on them under this Framework Decision. On the basis of a report established on the basis of this information and a written report by the Commission, the Council shall, by 30 June 2003, assess the extent to which Member States have taken the necessary measures in order to comply with this Framework Decision. Amendment 17 Annex I, section 2, points 2.4.1 to 2.4.3 2.4.1.  German 2.4.2.  English 2.4.3 etc. Deleted Amendment 18 Annex I, section 3, points 3.1 to 3.3 3.1. illicit trafficking in narcotic drugs 3.2. fraud affecting the European Communities' financial interests 3.3. laundering of the proceeds of crime Deleted

(1) OJ C 75, 7.3.2001, p. 3. (2) OJ C 77 E, 28.3.2002, p. 91.

Initiative by the Federal Republic of Germany with a view to the adoption of a Council Framework Decision on criminal law protection against fraudulent or other unfair anti-competitive conduct in relation to the award of public contracts in the common market (9230/2000 – C5&nbhy;0416/2000 – 2000/0812(CNS))

P5_TA(2002)0286 A5-0184/2002

The initiative was rejected.

Legislative resolution>\*MERGEFORMATEuropean Parliament legislative resolution on the initiative by the Federal Republic of Germany with a view to the adoption of a Council Framework Decision on criminal law protection against fraudulent or other unfair anti-competitive conduct in relation to the award of public contracts in the common market (9230/2000 – C5&nbhy;0416/2000 – 2000/0812(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the initiative by the Federal Republic of Germany (9230/2000(1)),

–   having regard to Article 34(2)(b) of the EU Treaty,

–   having been consulted by the Council pursuant to Article 39(1) of the EU Treaty (C5&nbhy;0416/2000),

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

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

–   having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5&nbhy;0184/2002),

1.  Rejects the initiative of the Federal Republic of Germany;

2.  Calls on the Federal Republic of Germany to withdraw its initiative;

3.  Calls on the Commission to examine the need for, and if appropriate, to present a proposal for a complementary legislative measure, following the adoption of the existing Commission proposals(2) on public procurement, to meet the objective of the initiative of the Federal Republic of Germany;

4.  Instructs its President to forward its position to the Council and Commission, and the government of the Federal Republic of Germany.

(1) OJ C 253, 4.9.2000, p. 3. (2) OJ C 29 E, 30.1.2001, p. 11 and p. 112.

Proposal for a Council decision authorising the Member States to sign and ratify in the interest of the European Community the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (the Bunkers Convention) (COM(2001) 675 – C5&nbhy;0029/2002 – 2001/0271(CNS))

P5_TA(2002)0287 A5-0201/2002

The proposal was approved.

Legislative resolution>\*MERGEFORMATEuropean Parliament legislative resolution on the proposal for a Council decision authorising the Member States to sign and ratify in the interest of the European Community the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (the Bunkers Convention) (COM(2001) 675 – C5&nbhy;0029/2002 – 2001/0271(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2001) 675(1)),

–   having been consulted by the Council pursuant to Articles 67(1) and 300 of the EC Treaty (C5&nbhy;0029/2002),

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

–   having regard to the report of the Committee on Legal Affairs and the Internal Market (A5&nbhy;0201/2002),

1.  Approves the Commission proposal;

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

3.  Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

4.  Asks to be consulted again should the Council intend to amend the Commission proposal substantially;

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

(1) OJ C 51 E, 26.2.2002, p. 371.

Proposal for a Council decision authorising the Member States to ratify in the interest of the European Community the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (the "HNS Convention') (COM(2001) 674 – C5&nbhy;0646/2001 – 2001/0272(CNS))

P5_TA(2002)0288 A5-0204/2002

The proposal was approved.

Legislative resolution>\*MERGEFORMATEuropean Parliament legislative resolution on the proposal for a Council decision authorising the Member States to ratify in the interest of the European Community the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (the "HNS Convention') (COM(2001) 674 – C5&nbhy;0646/2001 – 2001/0272(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2001) 674(1)),

–   having regard to Article 61(c) of the EC Treaty,

–   having been consulted by the Council pursuant to Articles 67(1) and 300 of the EC Treaty (C5&nbhy;0646/2001),

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

–   having regard to the report of the Committee on Legal Affairs and the Internal Market (A5&nbhy;0204/2002),

1.  Approves the Commission proposal;

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

3.  Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

4.  Asks to be consulted again should the Council intend to amend the Commission proposal substantially;

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

(1) OJ C 51 E, 26.2.2002, p. 370.

European Parliament legislative resolution on the proposal for a Council decision concerning the conclusion, on behalf of the Community, of the Cartagena Protocol on Biosafety (COM(2002) 127 – C5&nbhy;0187/2002 – 2002/0062(CNS))

P5_TA(2002)0289 A5-0185/2002

The proposal was approved.

Legislative resolution>\*MERGEFORMATEuropean Parliament legislative resolution on the proposal for a Council decision concerning the conclusion, on behalf of the Community, of the Cartagena Protocol on Biosafety (COM(2002) 127 – C5&nbhy;0187/2002 – 2002/0062(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 127),

–   having been consulted by the Council pursuant to Articles 175(1) and 300(2) of the EC Treaty (C5&nbhy;0187/2002),

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

–   having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5&nbhy;0185/2002),

1.  Approves the Commission proposal;

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

3.  Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

4.  Asks to be consulted again should the Council intend to amend the Commission proposal substantially;

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

European Parliament decision amending the Rules of Procedure with regard to parliamentary immunity (Rule 6) (2001/2237(REG))

P5_TA(2002)0290 A5-0195/2002

The European Parliament,

–   having regard to the proposed amendments to its Rules of Procedure,

–   having regard to the Conference of Presidents decision of 25 October 2001,

–   having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5&nbhy;0195/2002),

1.  Decides to amend its Rules of Procedure as indicated;

2.  Decides that these amendments shall enter into force on the day following their adoption;

3.  Resolves to amend these rules further following the adoption of the Statute of Members;

4.  Instructs its President to forward this decision to the Council and the Commission for information.

Former text   New text Amendment 1 Rule 6 Waiver of immunity Parliamentary Immunity -1.  In the exercise of its powers in respect of privileges and immunities, Parliament shall seek primarily to uphold its integrity as a democratic legislative assembly and to secure the independence of its Members in performance of their duties. 1.  Any request addressed to the President by the appropriate authority of a Member State that the immunity of a Member be waived shall be announced in Parliament and referred to the committee responsible. 1.  Any request addressed to the President by a competent authority of a Member State that the immunity of a Member be waived shall be announced in Parliament and referred to the committee responsible. 1a. Any request addressed to the President by a Member or a former Member to defend immunity and privileges shall be announced in Parliament and referred to the committee responsible. 1b. As a matter of urgency, in circumstances where a Member is arrested or has his freedom of movement curtailed in apparent breach of his privileges and immunities, the President, after having consulted the Chairman and rapporteur of the committee responsible, may take an initiative to assert the privileges and immunities of the Member concerned. The President shall communicate his initiative to the committee and inform Parliament. 2.  The committee shall consider such requests without delay and in the order in which they have been submitted. 3.  The committee may ask the authority which has submitted the request to provide any information or explanation which the committee deems necessary for it to form an opinion on whether immunity should be waived. The Member concerned shall be heard at his request; he may bring any documents or other written evidence he deems relevant. He may be represented by another Member. 4.  The committee's report shall contain a proposal for a decision which simply recommends the adoption or rejection of the request for the waiver of immunity. However, where the request seeks the waiver of immunity on several counts, each of these may be the subject of a separate proposal for a decision. The committee's report may, exceptionally, propose that the waiver of immunity shall apply solely to prosecution proceedings and that, until a final sentence is passed, the Member should be immune from any form of detention or remand or any other measure which prevents him from performing the duties proper to his mandate. 5.  The committee shall not, under any circumstances, pronounce on the guilt or otherwise of the Member nor on whether or not the opinions or acts attributed to him justify prosecution, even if, in considering the request, it acquires detailed knowledge of the facts of the case. 6.  The report of the committee shall be placed at the head of the agenda of the first sitting following the day on which it was tabled. No amendment may be tabled to the proposal(s) for a decision. Discussion shall be confined to the reasons for or against each proposal to waive or uphold immunity. Without prejudice to Rule 122, the Member whose immunity is subject to the request for a waiver shall not speak in the debate. The proposal(s) for a decision contained in the report shall be put to the vote at the first voting time following the debate. 7.  The President shall immediately communicate Parliament's decision to the appropriate authority of the Member State concerned, with a request, if immunity is waived, that he should be informed of any judicial rulings made as a consequence. When the President receives this information, he shall transmit it to Parliament in the way he considers most appropriate. 8.  Should a Member be arrested or prosecuted after having been found in the act of committing an offence, any other Member may request that the proceedings be suspended or that he be released. (The interpretations are deleted) Amendment 2 Rule 6 a (new) Rule 6a Procedures on Immunity 1.  The committee responsible shall consider without delay and in the order in which they have been submitted requests for the waiver of immunity or requests for the defence of immunity and privileges. 2.  The committee shall make a proposal for a decision which simply recommends the adoption or rejection of the request for the waiver of immunity or for the defence of immunity and privileges. 3.  The committee may ask the authority concerned to provide any information or explanation which the committee deems necessary for it to form an opinion on whether immunity should be waived or defended. The Member concerned shall be given an opportunity to be heard; he may bring any documents or other written evidence he deems relevant. He may be represented by another Member. 4.  Where the request seeks the waiver of immunity on several counts, each of these may be the subject of a separate decision. The committee's report may, exceptionally, propose that the waiver of immunity shall apply solely to prosecution proceedings and that, until a final sentence is passed, the Member should be immune from any form of detention or remand or any other measure which prevents him from performing the duties proper to his mandate. 5.  Where a Member is required to appear as a witness or expert witness, there is no need to request a waiver of immunity, provided that - the Member will not be obliged to appear on a date or at a time which prevents him from performing, or makes it difficult for him to perform, his parliamentary duties, or that he will be able to provide a statement in writing or in any other form which does not make it difficult for him to fulfil his parliamentary obligations; - the Member is not obliged to testify concerning information obtained confidentially in the exercise of his mandate which he does not see fit to disclose. 6.  In cases concerning the defence of a privilege or immunity, the committee shall state whether the circumstances constitute an administrative or other restriction imposed on the free movement of Members travelling to or from the place of meeting of Parliament or an opinion expressed or a vote cast in the performance of the mandate or fall within aspects of Article 10 of the Protocol on Privileges and Immunities which are not a matter of national law, and shall make a proposal to invite the authority concerned to draw the necessary conclusions. 7.  The committee may offer a reasoned opinion about the competence of the authority in question and about the admissibility of the request, but shall not, under any circumstances, pronounce on the guilt or otherwise of the Member nor on whether or not the opinions or acts attributed to him or her justify prosecution, even if, in considering the request, it acquires detailed knowledge of the facts of the case. 8.  The report of the committee shall be placed at the head of the agenda of the first sitting following the day on which it was tabled. No amendment may be tabled to the proposal(s) for a decision. Discussion shall be confined to the reasons for and against each proposal to waive or uphold immunity, or to defend a privilege or immunity. Without prejudice to Rule 122, the Member whose privileges or immunities are the subject of the case shall not speak in the debate. The proposal(s) for a decision contained in the report shall be put to the vote at the first voting time following the debate. After Parliament has considered the matter, an individual vote shall be taken on each of the proposals contained in the report. If any of the proposals are rejected, the contrary decision shall be deemed adopted. 9.  The President shall immediately communicate Parliament's decision to the Member concerned and to the competent authority of the Member State concerned, with a request that the President should be informed of any developments in the relevant proceedings and of any judicial rulings made as a consequence. When the President receives this information, he shall transmit it to Parliament in the way he considers most appropriate, if necessary after consulting the committee responsible. 10.  When the President makes use of the powers conferred on him by Rule 6(1b), the committee responsible shall take cognisance of the President's initiative at its next meeting. Where the committee deems it necessary it may prepare a report for submission to Parliament. 11.  The committee shall treat these matters and handle any documents received with the utmost confidentiality. 12.  The committee, after consulting the Member States, may draw up an indicative list of the authorities of the Member States which are competent to present a request for the waiver of a Member's immunity. 13.  Any inquiry as to the scope of Members' privileges or immunities made by a competent authority shall be dealt with according to the above rules.

European Parliament resolution on the immunity of Italian Members and the Italian authorities' practices on the subject (2001/2099(REG))

P5_TA(2002)0291 A5-0213/2002

The European Parliament,

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

–   having regard to the case-law of the Court of Justice of the European Communities(1),

–   having regard to Article 68 of the Constitution of the Italian Republic,

–   having regard to judgment No 1150/88 of the Italian Constitutional Court on the competence of the Chamber of a Senator or Deputy to give a ruling on absolute (or unqualified) immunity under Article 68(1) of the Italian Constitution,

–   having regard to Rule 7(4) and Rule 6 of the Rules of Procedure, the former provision being applied by analogy,

–   having regard to points 9 and 12 of Section VI of Annex VI to the Rules of Procedure,

–   having regard to the large number of letters received from counsel for Italian Members of the House against whom legal proceedings have been brought and in some cases concluded, which seek a ruling that conduct which is the subject of a complaint in the court proceedings qualifies for the protection of the immunities enjoyed by Members of this House,

–   having regard to the files relating to certain Italian Members which were forwarded to the former Committee on the Rules of Procedure, the Verification of Credentials and Immunities and/or to the Committee of Legal Affairs and the Internal Market and of which the latter committee has been formally seised,

–   having regard to the report of the Committee on Legal Affairs and the Internal Market (A5&nbhy;0213/2002),

A.   whereas Articles 9 and 10 of the Protocol on Privileges and Immunities constitute primary Community law,

B.   whereas parliamentary immunity is not a personal privilege of Members but exists to guarantee the independence of Parliament and its Members in relation to other authorities, and the dignity and proper functioning of Parliament as an institution,

C.   whereas Italian parliamentarians enjoy absolute immunity (insindicabilità) in respect of opinions expressed and votes cast in the exercise of their functions (Italian Constitution, Article 68(1)) which is identical to that conferred on Members of the European Parliament by Article 9 of the Protocol on Privileges and Immunities ('the Protocol'); whereas they also enjoy qualified immunity, in the sense of not being subject to legal provisions without special authorisation, which applies solely in respect of search, arrest and interception or seizure of correspondence (Italian Constitution, Article 68(2) and (3)),

D.   whereas in Italy there is a practice enshrined in judgment No 1150/88 of the Constitutional Court under which, in cases of absolute immunity, it falls to the national court alone, after it has decided whether the facts are covered by absolute immunity, to decide whether to close the case definitively or to examine its substance; whereas, in the latter event, the Senator or Deputy concerned may bring the case before his Chamber; whereas the Chamber then makes a declaration that proceedings may or may not be pursued and the court must comply with that declaration, unless it decides to challenge it in the Constitutional Court,

E.   whereas Members of this House should be able to apply to the European Parliament in order that it may uphold the right to absolute immunity in respect of opinions expressed or votes cast by Members in the performance of their duties under Article 9 of the Protocol, which should be the same for all Members;

F.   whereas, where such an application is received, the competent committee should decide whether or not the facts adduced constitute a case of absolute immunity within the meaning of Article 9 of the Protocol;

1.  Decides that the cases of Francesco Enrico Speroni and Alfonso Marra raise a prima facie case of absolute immunity and that the competent courts should be put on notice to transmit to Parliament the documentation necessary to establish whether the cases in question involve absolute immunity under Article 9 of the Protocol in respect of opinions expressed or votes cast by the members in question in the performance of their duties and that the competent courts should be invited to stay proceedings pending a final determination by Parliament;

2.  Instructs its President to forward this decision and the report of its committee to the Italian Permanent Representative marked for the attention of the appropriate authority of the Italian Republic.

(1) See Case 101/63 Wagner v Fohrmann and Krier, English special edition 1964, p. 195, and Case 149/85 Wybot v Faure et al [1986] ECR 2403.

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive amending Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products (15073/1/2001 – C5&nbhy;0072/2002 – 2000/0077(COD))

P5_TA(2002)0292 A5-0180/2002

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (15073/1/2001 – C5&nbhy;0072/2002(1)),

–   having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2000) 189(3)),

–   having regard to the Commission's amended proposal (COM(2001) 697(4)),

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

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

–   having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Policy (A5&nbhy;0180/2002),

1.  Amends the common position as follows;

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

Position of the European Parliament adopted at second reading on 11 June 2002 with a view to the adoption of European Parliament and Council Directive 2002/…/EC amending Council Directive 76/768/EEC on the approximation of the laws of the Member States relating to cosmetic products

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (5),

Having regard to the Opinion of the Economic and Social Committee (6),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (7),

Whereas:

(1)  Council Directive 76/768/EEC (8) has comprehensively harmonised the national laws relating to cosmetic products and has as its main objective the protection of public health. To this end, it continues to be indispensable to carry out certain toxicological tests to evaluate the safety of cosmetic products.

(2)  The Protocol on protection and welfare of animals annexed by the Treaty of Amsterdam to the Treaty establishing the European Community stipulates that the Community and the Member States are to pay full regard to the welfare requirements of animals in the implementation of Community policies, in particular with regard to the internal market.

(3)  In accordance with Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes(9) and with Council Directive 93/35/EEC of 14 June 1993(10) amending for the sixth time Directive 76/768/EEC, it is essential that the aim of abolishing animal experiments for testing cosmetic products be pursued and that the prohibition of such experiments becomes effective in the territory of the Member States. In order to ensure that this prohibition is fully implemented, it may be necessary for the Commission to bring forward further proposals to amend Directive 86/609/EEC.

(4)  Directive 86/609/EEC has established common rules for the use of animals for experimental purposes within the Community and laid down the conditions under which such experiments must be carried out in the territory of the Member States. In particular, Article 7 of that Directive requires that animal experiments be replaced by alternative methods, when such methods exist and are scientifically satisfactory. In order to facilitate the development and use of alternative methods in the cosmetic sector which do not use live animals, specific provisions have been introduced by Directive 93/35/EEC. However, these provisions concern only alternative methods which do not use animals and do not take account of alternative methods developed in order to reduce the number of animals used for experiments or to reduce their suffering. Therefore, in order to afford optimal protection to animals used for testing cosmetic products pending implementation of the prohibition of animal tests for cosmetic products and the marketing of animal-tested cosmetic products in the Community, these provisions should be amended in order to provide for the systematic use of alternative methods which reduce the number of animals used or reduce the suffering caused, in those cases where full replacement alternatives are not yet available, as provided by Article 7(2) and (3) of Directive 86/609/EEC, when these methods offer consumers a level of protection equivalent to that of the conventional methods which they are intended to replace.

(5)  Currently, only alternative methods which are scientifically validated by the European Centre for the Validation of Alternative Methods (ECVAM) or the Organisation for Economic Cooperation and Development (OECD) and applicable to the whole chemical sector are systematically adopted at Community level. However, the safety of cosmetic products and their ingredients may be ensured through the use of alternative methods which are not necessarily applicable to all uses of chemical ingredients. Therefore, the use of such methods by the whole cosmetic industry should be promoted and their adoption at Community level ensured, when such methods offer an equivalent level of protection to consumers.

(6)  The safety of finished cosmetic products can already be ensured on the basis of knowledge of the safety of the ingredients that they contain. Provisions prohibiting animal testing of finished cosmetic products can therefore be incorporated into Directive 76/768/EEC. The Commission should establish guidelines in order to facilitate the application, in particular by small and medium&nbhy;sized enterprises, of methods which do not involve the use of animals for assessing the safety of finished cosmetic products.

(7)  It will gradually become possible to ensure the safety of ingredients used in cosmetic products by using non-animal alternative methods validated at Community level, or approved as being scientifically validated, by ECVAM. After consulting the Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers (SCCNFP) as regards the applicability of the validated alternative methods to the field of cosmetic products, the Commission will immediately publish the validated or approved methods recognised as being applicable to such ingredients. In order to achieve the highest possible degree of animal protection, a deadline must be set for the introduction of a definitive prohibition.

(8)  The Commission should agree a timetable of deadlines for the prohibition of each test currently carried out using animals up to a maximum of five years for all tests. An exception may however be made for tests concerning repeated-dose toxicity, reproductive toxicity and toxicokinetics, for which there are no alternatives yet under consideration, in which case the deadline should be a maximum of ten years from the date of adoption of this Directive. Such exceptions should be authorised by the Commission.

(9)  Better coordination of resources at Community level will contribute to increasing the scientific knowledge indispensable for the development of alternative methods. It is essential, for this purpose, that the Community continue and increase its efforts and take the measures necessary for the promotion of research and the development of new non-animal alternative methods, in particular within its Sixth Framework Programme as set out in Decision No .../2002/EC of the European Parliament and of the Council (11).

(10)  If necessary, in order not to prevent the introduction of new products which offer significant improvements in health protection in terms of preventing illness, disease or serious health disorders, the Commission should bring forward a proposal in accordance with the procedure laid down in Article 251 of the Treaty. Such a proposal should not compromise the objectives of this Directive.

(11)  The recognition by third countries of alternative methods developed in the Community should be encouraged. In order to achieve this objective, the Commission and the Member States should take all appropriate steps to facilitate acceptance of such methods by the OECD. The Commission should also endeavour, within the framework of European Community cooperation agreements, to obtain recognition of the results of safety tests carried out in the Community using alternative methods so as to ensure that the export of cosmetic products for which such methods have been used is not hindered and to prevent or avoid third countries requiring the repetition of such tests using animals.

(12)  Public opinion demands that animal testing for cosmetic products should be forbidden. In order to promote rapid development of alternatives and to ensure animal testing is not relocated to third countries, a Community prohibition on animal testing needs to be combined with mandatory labelling of products and ingredients tested on animals and measures which ensure that cosmetic products and ingredients tested on animals are not put on the Community market after a specified date. If satisfactory non-animal alternatives are not fully available by that date, it will be possible to apply such measures without compromising consumer safety while still allowing a considerable amount of product innovation.

(13)  It should be possible to claim on a cosmetic product that no animal testing was carried out in relation to its development. The Commission, in consultation with the Member States, should develop guidelines to ensure that common criteria are applied in the use of claims and that an aligned understanding of the claims is reached, and in particular that such claims do not mislead the consumer. In developing such guidelines, the Commission must also take into account the views of the many small and medium-sized enterprises which make up the majority of the 'non-animal testing' producers, relevant non-governmental organisations, and the need of consumers to be able to make practical distinctions between products on the basis of animal testing criteria.

(14)  Fragrances should not be used where they do not fulfil an essential purpose, in particular in products intended for children or products for external intimate hygiene.

(15)  The SCCNFP stated in its opinion of 25 September 2001 that substances classified pursuant to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(12) as carcinogenic (except substances only carcinogenic by inhalation), mutagenic or toxic for reproduction, of category 1 or 2, and substances with similar potential, must not be intentionally added to cosmetic products, and that substances classified pursuant to Directive 67/548/EEC as carcinogenic, mutagenic or toxic for reproduction, of category 3, and substances with similar potential, must not be intentionally added to cosmetic products unless it can be demonstrated that their levels do not pose a threat to the health of the consumer.

(16)  Given the special risks that substances classified as carcinogenic, mutagenic or toxic for reproduction, category 1 and 2, pursuant to Directive 67/548/EEC may entail for human health, their use in cosmetic products should be prohibited. For the same reasons, the use of substances classified pursuant to Directive 67/548/EEC as carcinogenic, mutagenic or toxic for reproduction, category 3, in cosmetic products should also be prohibited, unless the SCCNFP considers such use as safe. The evaluation of these substances for use in cosmetic products should not involve the use of animals.

(17)  In order to improve the information provided to consumers, cosmetic products should bear more precise indications concerning their durability for use.

(18)  Certain substances have been identified as an important cause of contact&nbhy;allergy reactions in fragrance&nbhy;sensitive consumers. In order to ensure that such consumers are adequately informed, it is therefore necessary to amend the provisions of Directive 76/768/EEC to require that the presence of these substances be mentioned in the list of ingredients. This information will improve the diagnosis of contact allergies among such consumers and will enable them to avoid the use of cosmetic products which they do not tolerate.

(19)  A number of substances have been identified by the SCCNFP as likely to cause allergenic reactions and it will be necessary to restrict their use and/or impose certain conditions concerning them.

(20)  The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (13),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 76/768/EEC is hereby amended as follows:

1)  Article 4(1)(i) shall be replaced by the following:

The Commission shall agree a timetable of deadlines for the prohibition of each test currently carried out using animals up to a maximum of five years for all tests. An exception may however be made for tests concerning repeated-dose toxicity, reproductive toxicity and toxicokinetics, for which there are no alternatives yet under consideration, in which case the deadline shall be a maximum of ten years from ...(15)*. Such exceptions must be authorised by the Commission.

Animal testing conducted after the date referred to in the first subparagraph shall not preclude the marketing of cosmetic products or ingredients already in use within the Community if such testing was not conducted by or on behalf of the manufacturer, his agents or suppliers.

When implementing this provision, the Commission and the Member States shall take account of the need to ensure that producers in third countries are afforded notice and treatment equivalent to those in the Community and in particular to avoid any discriminatory or unfair treatment.

Testing authorised in accordance with the procedure laid down in Article 4a (2), second subparagraph, shall be exempted from this provision.

2)   in Article 4(1), the following points (j) and (k) shall be added:

j)   substances listed in Directive 67/548/EEC which are classified as carcinogenic, mutagenic or toxic for reproduction, category 1 or 2,

k)   substances listed in Directive 67/548/EEC which are classified as carcinogenic, mutagenic or toxic for reproduction, category 3, unless they have been evaluated by the Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers (SCCNFP) and found acceptable for use in cosmetic products.

3.  3) the following Article shall be inserted:

Article 4a

1.  Member States shall take all necessary measures to prohibit the performance within their territory of animal tests:

2.  In exceptional circumstances where serious concerns arise with regard to the safety of an existing cosmetic ingredient, but are not such as to necessitate a precautionary immediate withdrawal from use, a manufacturer or competent authority may apply for a derogation from paragraph 1(b). An application shall be made to the Commission, which shall consult the SCCNFP and the European Parliament.

Ingredients tested in accordance with this procedure and found to be safe shall be listed in a separate annex to the Directive, which shall include a reference to the location of the test data.

Ingredients found to be unsafe or only safe to be used under specific conditions shall be listed in a separate annex to the Directive, which shall include a reference to the location of the test data and any specific conditions of use which shall apply.

3.  For the purpose of this Article, "finished cosmetic product" means the cosmetic product in its final formulation, as placed on the market and made available to the final consumer, or its prototype.

4)   in Article 5a(2) the following indent shall be added after the first indent:

5)  Article 6(1)(c) shall be replaced by the following:

The date shall be clearly expressed and shall consist of either the month and year or the day, month and year in that order.

If necessary, this information shall be supplemented by an indication of the conditions which must be satisfied to guarantee the stated durability.

Indication of the date of durability shall not be mandatory for cosmetic products with a minimum durability of more than 30 months. For such products, there shall be an indication of the period of time after opening for which the product can be used without any harm to the consumer. This information shall be indicated by the symbol given in Annex VIIIa followed by the period (in months and/or years)."

6)  Article 6(1)(g) shall be replaced by the following:

Ingredients in concentrations of less than 1% may be listed in any order after those in concentrations of more than 1%.

Colouring agents may be listed in any order after the other ingredients, in accordance with the colour index number or denomination adopted in Annex IV. For decorative cosmetic products marketed in several colour shades, all colouring agents used in the range may be listed, provided that the terms "may contain" or the symbol "+/-" are added.

An ingredient must be identified by the common name referred to in Article 7(2) or, failing that, by one of the names referred to in Article 5a(2), first indent.

In accordance with the regulatory procedure referred to in Article 10(2), the Commission may adapt the criteria and conditions, set out in Commission Directive 95/17/EC of 19 June 1995 laying down detailed rules for the application of Council Directive 76/768/EEC as regards the non&nbhy;inclusion of one or more ingredients on the list used for the labelling of cosmetic products * under which a manufacturer may, for reasons of trade secrecy, apply not to include one or more ingredients on the abovementioned list.

* OJ L 140, 23.6.1995, p. 26.";

7)   in Article 6(1) the following subparagraph shall be added:

"Where a manufacturer has carried out or commissioned animal tests, after the date of implementation of the animal test ban established in Article 4a(1), on the finished product, its prototype or any of its ingredients, or has purchased the finished product or its ingredients from a third party who has carried out such tests, the product may only be marketed if the packaging and container bear the indication "Tested on animals" in indelible, easily legible lettering. The information contained in point (g) may, however, be indicated on the packaging alone or as otherwise prescribed in point (g). The information must be displayed on the most prominent and visible surface of the container and packaging and shall not be less than 20 percent of the total surface area.

8)   the last sentence of Article 6(3) shall be replaced by the following subparagraph:

Furthermore, the manufacturer or the person responsible for placing the product on the Community market may take advantage, on the product packaging or in any document, notice, label, ring or collar accompanying or referring to the product, of the fact that no animal tests have been carried out only if the manufacturer and his suppliers have not carried out or commissioned any animal tests on the finished product, or its prototype, or any of the ingredients contained in it, or knowingly used any ingredients that have been tested on animals by others for the purpose of developing new cosmetic products. The Commission, in consultation with the Member States and the European Parliament, shall for this purpose publish guidelines on the implementation of this principle.

9)  Article 7a(1)(d) shall be replaced by the following:

Should the same product be manufactured at several places within Community territory, the manufacturer may choose a single place of manufacture where that information will be available. In this connection, and when so requested for monitoring purposes, it shall be obliged to indicate the place so chosen to the monitoring authority/authorities concerned. In this case the information shall be easily accessible within the European Union.

10)   in Article 7a(1) the following point (h) shall be added:

11)   in Article 7a the following paragraph 1a shall be added:

1a. The information required under paragraph 1(a), (b), (d), (f), (g) and (h) shall be communicated both to the competent authorities of the Member State and to the Commission so as to allow its inclusion in the inventory to be drawn up by the Commission pursuant to Article 5a. The quantitative information required under paragraph 1(a) that is to be communicated shall be limited to the dangerous substances covered by Directive 67/548/EEC.

12)   in Article 8(2) and Article 8a(3), the title "Scientific Committee on Cosmetology" shall be replaced by "Scientific Committee for Cosmetic Products and Non&nbhy;Food Products intended for Consumers";

13)  Articles 9 and 10 shall be replaced by the following:

Article 9

Article 10

1.  The Commission shall be assisted by the Standing Committee on Cosmetic Products.

2.  Where reference is made to this paragraph Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.  The Committee shall adopt its rules of procedure.

* OJ L 358, 18.12.1986, p. 1.

14)  The following is added to Annex III, Part I:

15)  An Annex VIIIa is added, consisting of a symbol representing an open cream jar.

Article 2

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before ........ (16). They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.  Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.

By way of derogation from Article 2, Article 1, point (1) shall apply from the date referred to in the first paragraph of this Article.

Article 4

This Directive is addressed to the Member States.

Done at ,

For the European Parliament For the Council

The President The President

(1) OJ C 113E, 14.5.2002, p. 109. (2) OJ C 21E, 24.1.2002, p. 88. (3) OJ C 311E, 31.10.2000, p. 134. (4) OJ C 51E, 26.2.2002, p. 385. (5) OJ C 311E, 31.10.2000, p. 134 and OJ C 51E, 26.2.2002, p. 385. (6) OJ C 367, 20.12.2000, p. 1. (7) Position of the European Parliament of 3 April 2001 (OJ C 21E, 24.1.2002, p. 88), Council Common Position of 14 February 2002 (OJ C 113E, 14.5.2002, p. 109) and Position of the European Parliament of 11 June 2002. (8) OJ L 262, 27.7.1976, p. 169. Directive as last amended by Commission Directive 2000/41/EC (OJ L 145, 20.6.2000, p. 25). (9) OJ L 358, 18.12.1986, p. 1. (10) OJ L 151, 23.6.1993, p. 32. (11) OJ L (12) OJ Special Edition Series I, Chapter 1967, p. 234. Directive as last amended by Commission Directive 2001/59/EC (OJ L 225, 21.8.2001, p. 1). (13) OJ L 184, 17.7.1999, p. 23. (14) * Five years after the adoption of this Directive. (15) ** Date of adoption of this Directive. (16) * 18 months after the entry into force of this Directive.

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation amending Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (COM(2001) 335 – C5&nbhy;0277/2001 – 2001/0140(COD))

P5_TA(2002)0293 A5-0186/2002

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2001) 335)(1),

–   having regard to Article 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5&nbhy;0277/2001),

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

–   having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinion of the Committee on Economic and Monetary Affairs (A5&nbhy;0186/2002),

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.

Position of the European Parliament adopted at first reading on 11 June 2002 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2002 amending Council Regulation (EEC) No 95/93 on common rules for the allocation of slots at Community airports

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80 (2) thereof,

Having regard to the proposal from the Commission(2),

Having regard to the opinion of the Economic and Social Committee and of the Committee of Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),

Whereas:

(1)  Following the conclusions of the European Council held in Stockholm on 23 and 24 March 2001, this Regulation constitutes a first step in a comprehensive revision process; in order to review the developments, in particular with respect to new entrants and monetised slot transfers, this Regulation should be reviewed after a fixed period of operation.

(2)  Experience has shown that Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports(5) should be strengthened to ensure the fullest and most flexible use of limited capacity at congested airports, in the best interest of consumers.

(3)  It is therefore necessary to amend that Regulation substantially in accordance with Article 14 thereof and to clarify a number of its provisions.

(4)  The reasons for amending the Regulation in force are in particular: to guarantee correct and uniform application of the Regulation by Member States together with transparent, non-discriminatory allocation, in accordance with objective criteria, of slots by an independent coordinator; to maximise the efficient use of available capacities and improve market access opportunities for new entrants; and to promote the development of regional air services and linkage with regional airports.

(5)  It is desirable to follow international terminology and therefore use the terms schedules facilitated airport and coordinated airport instead of coordinated and fully-coordinated respectively.

(6)  Airports where there are serious capacity shortcomings should be designated as coordinated, after a capacity analysis has been conducted; whereas at coordinated airports detailed rules are required to ensure that the principles of transparency, neutrality and non-discrimination are fully adhered to.

(7)  At schedules facilitated airports the schedules facilitator must act in an independent manner; whereas at coordinated airports the coordinator plays a central role in the coordinating process; whereas, therefore, coordinators must be in a fully independent position and their responsibilities should be specified in detail.

(8)  It is necessary to specify in detail the role of the coordination committee to be established to carry out advisory and mediation functions in relation to slot allocation. Care should be taken to ensure that the coordination committee can take no decisions that are the sole responsibility of the coordinator.

(9)  It is also necessary to clarify that slot allocation must be considered as a right of usage, subject to the relevant terms and conditions of use, giving air carriers the entitlement to access the airport facilities by landing and taking-off at specific dates and timings for the duration of the period for which the entitlement has been granted. It should at the same time be made clear that airport slots can be assigned for scheduling purposes only, since on the day of flight an airway slot must be available to be allocated in accordance with the prevailing air-traffic situation. It will be necessary in future to devise rules and procedures to improve the coordination of airport and airway slots.

(10)  However, in the interest of stability of operations, the existing system provides for the reallocation of slots with established historical precedence ('grandfather rights') to incumbent air carriers; whereas, in order to encourage regular operations at a coordinated airport it is necessary to provide that grandfather rights relate to series of slots. At the same time Member States may restrict an entitlement to a series of slots in response to changed environmental protection conditions at the airport concerned.

(11)  Slots with historical precedence must comply with the usage calculation as well as with all other relevant provisions of the Regulation to continue to entitle air carriers to claim these slots in the next equivalent scheduling period; whereas the situation of grandfather rights in case of joint operations, code-share or franchise agreements should be clarified.

(12)  Regular operations at an airport should be given priority which should be administered strictly without distinction between scheduled and non-scheduled services.

(13)  In order to ensure the efficient use of capacity and reduce the environmental impact at congested airports and to further promote intermodality it is necessary to also consider in the process of slot allocation the existence of adequate services of satisfactory quality provided by other modes of transport.

(14)  The definition of new entrant should strengthen the provision of adequate air services to regions and increase potential competition on intra-Community routes. In the longer term, this definition should be replaced with an effective competition rule.

(15)  In order better to ensure that third countries offer Community carriers comparable treatment, a procedure should be established enabling the Community more efficiently to take action against third countries which do not grant comparable treatment to that granted in the Community.

(16)  Since the measures necessary for the implementation of this Regulation are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6), they should be adopted by use of the regulatory procedure provided for in Article 5 of that Decision.

(17)  At a coordinated airport, access for an air carrier is only possible if a slot has been allocated; whereas measures should be introduced to guarantee the enforcement of this Regulation, in particular when air carriers repeatedly and intentionally do not respect the slot allocation rules.

(18)  There should be a judicial procedure to review decisions taken by the coordinator. The coordinator should at all events be exempt from any claim for damages.

(19)  For the avoidance of doubt, it should be specified that the application of the provisions of this Regulation should be without prejudice to the competition rules of the Treaty, in particular Articles 81 and 82 thereof and Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of the concentrations between undertakings(7), as last amended by Regulation (EC) No 1310/97(8),

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 95/93 is hereby amended as follows:

1.  Article 1 paragraph 1 is replaced by the following:

"This Regulation shall apply to Community airports."

2.  Article 2 is amended as follows:

(a)  Points (a) and (b) are replaced by the following:

European Parliament legislative resolution on the proposal for a European Parliament and Council directive amending Directive 2000/13/EC as regards indication of the ingredients present in foodstuffs (COM(2001) 433 – C5&nbhy;0404/2001 – 2001/0199(COD))

P5_TA(2002)0294 A5-0139/2002

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2001) 433(1)),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5&nbhy;0404/2001),

–   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 Agriculture and Rural Development (A5&nbhy;0139/2002),

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.

Position of the European Parliament adopted at first reading on 11 June 2002 with a view to the adoption of European Parliament and Council Directive 2002/…./EC amending Directive 2000/13/EC as regards indication of the ingredients present in foodstuffs

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission(2),

Having regard to the opinion of the Economic and Social Committee(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),

Whereas:

(1)  In order to achieve a high level of health protection for consumers and to guarantee their right to information, it must be ensured that consumers are appropriately informed about foodstuffs, inter alia through the listing of all ingredients on labels.

(2)  By virtue of Article 6 of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(5), certain substances need not appear in the list of ingredients.

(3)  Certain ingredients contained in foodstuffs are the cause of allergies or intolerances in consumers in the Community, and some of those allergies or intolerances constitute a danger to the health of those concerned.

(4)  The Scientific Committee for Food (SCF) has stated that the incidence of food allergies is such as to affect the lives of many people, causing conditions ranging from very mild to potentially fatal.

(5)  The SCF has acknowledged that common food allergens include cow's milk, fruits, legumes (especially peanuts and soybeans), eggs, crustaceans, tree nuts, fish, vegetables (celery and other foods of the Umbelliferae family), wheat and other cereals; it has also noted that adverse reactions to food additives may occur and that the avoidance of food additives is often difficult since not all of them are invariably included on the labelling.

(6)  The most common food allergens are found in a wide variety of processed foods.

(7)  Even if labelling, which is intended for consumers in general, is not to be regarded as the only medium of information acting as substitute for the medical establishment, it is nevertheless advisable to assist consumers who have allergies or intolerances as much as possible by providing them with more comprehensive information about the composition of foodstuffs.

(8)  The list of allergenic substances includes those foodstuffs and ingredients recognised as causing hypersensitivity and likely to benefit from an exemption under Directive 2000/13/EC. In order to keep up with the development of scientific knowledge, it is important to be able to revise this list rapidly, when necessary. Such revisions should take the form of implementing measures of a technical nature, the adoption of which should be entrusted to the Commission in the interest of simplifying and accelerating the procedure.

(9)  In order to provide all consumers with better information and to protect the health of certain consumers, it should be made obligatory to include in the list of ingredients all ingredients present in the foodstuff and, in the case of ingredients known to be allergenic, to declare them by their specific name in all cases, including in alcoholic drinks, allowing no possibility of using the name of the category to which they belong, nor, in the case of additives, any exemption from inclusion in the list of ingredients.

(10)  In order to avoid the risk that labelling may become too complex and difficult to read, procedures are needed which make it possible to avoid excessively long lists of ingredients, but without impairing the attainment of the abovementioned objectives. In order to take account of the technical constraints involved in the manufacture of foodstuffs, it is also necessary to authorise greater flexibility with regard to the listing of ingredients used in very small quantities.

(11)  Directive 2000/13/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 2000/13/EC is amended as follows:

(1)  Article 6 is amended as follows:

(a)  The following paragraph 3a is inserted:

3a. Without prejudice to the rules to be established pursuant to paragraph 3, the presence of one or more of the ingredients listed in Annex IIIa in a drink referred to in paragraph 3 shall be mentioned, unless the ingredient(s) concerned is/are included under its/their specific name(s) in the name under which the drink is sold. This indication shall comprise the term "contains", followed by the name of the ingredient(s) concerned.

(b)  The second subparagraph of paragraph 5 is amended as follows:

(i)  The fourth indent is replaced by the following text:

European Parliament resolution on the communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions: Draft Joint Report on social inclusion (COM(2001) 565 – C5-0109/2002 – 2002/2051(COS))

P5_TA(2002)0295 A5-0158/2002

The European Parliament,

–   having regard to the Commission communication (COM(2001) 565 – C5&nbhy;0109/2002),

–   having regard to the joint report of the Council and the Commission on social inclusion (15223/2001),

–   having regard to the Platform for Action adopted at the UN Fourth World Conference on Women (Beijing, 1995) and inter alia the so-called Beijing plus Five recommendations, adopted by the Special Session of the UN General Assembly (New York, June 2000),

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

–   having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Culture, Youth, Education, the Media and Sport and the Committee on Women"s Rights and Equal Opportunities (A5&nbhy;0158/2002),

A.   whereas at the European Councils of Lisbon, Nice and Stockholm the Member States undertook to promote sustainable development and quality employment in order to reduce the risk of poverty and social exclusion and to reinforce economic and social cohesion in the European Union,

B.   whereas the Nice Council meeting set out joint objectives in combating poverty and social exclusion to be put into effect by the Member States from 2001 within the framework of biennial National Action Plans against poverty and social exclusion, and whereas the European Social Agenda recognises the dual role of social policy as a productive factor and a key instrument to reduce inequalities and promote integration and social cohesion,

C.   whereas the Member States have also underlined the importance of mainstreaming equality between men and women in all actions aimed at achieving those objectives,

D.   whereas in September 2001 the European Parliament and the Council reached an agreement on the Community Action Programme to encourage cooperation between Member States to combat social exclusion which is already in force and provides for an annual round table conference to be held on social exclusion,

E.   whereas it welcomes the drawing-up of the first joint report on social inclusion and the establishment of a set of commonly agreed indicators, the insistence on a need to strengthen the statistical machinery and the Council's request to the Commission gradually to involve the applicant countries in this process,

F.   whereas the opinions of a number of participants, namely representatives of NGOs, the Economic and Social Committee, ETUC and the national parliaments, are intended to help ensure that the conclusions can influence preparations for the second wave of the National Action Plans for inclusion,

G.   whereas in the National Action Plans, poverty in its most basic and direct form, which could be equated with monetary poverty, is frequently the consequence of other forms of deprivation or precariousness in fields such as employment, education and training, culture and access to services or arises from discrimination based on gender, age, physical condition, nationality or language, making it necessary to approach poverty and social exclusion from a multidimensional perspective,

H.   whereas the threshold for relative monetary poverty varies greatly within the Union,

I.   whereas even over the last few years in which GDP in the European Union had risen by an average of 2.5% annually, poverty and social exclusion have remained at high levels; whereas if we take 60% of the national median income as the threshold below which persons are at risk from poverty, 18% of the population of the EU were living with an income below this threshold in 1997,

J.   whereas the Member States with the most developed welfare systems and high per capita social security expenditure have often managed best to satisfy basic needs and keep the number of people in the poverty risk zone below the EU average,

K.   whereas current and future demographic trends necessitate adjustments to social protection systems, but there must not be any erosion of the fundamental principles on which they are based, particularly that of social solidarity,

L.   whereas increasing the participation rate, particularly among women and older workers, is an essential factor in safeguarding the financing of social security systems in future, and whereas expanding childcare and other care facilities and modernising the organisation of work could do much to help achieve this aim,

M.   whereas the structural changes that are occurring in the European Union and those that are expected – notably the transformation of the labour market, the very rapid growth of new information and communications technologies, and demographic changes and increased ethnic diversity caused by migration and increased mobility within the European Union – could make the weakest sectors of the population vulnerable and create new risks of discrimination, social exclusion and a resurgence of racism and xenophobia; whereas, however, the structural changes can give rise not only to risks but in some cases can also – if the right measures are taken – entail fresh opportunities for social integration,

N.   whereas the joint report recognises that additional efforts are needed to mainstream the issue of poverty and social exclusion into policy domains other than merely social protection and social assistance,

O.   whereas the equality aspect is poor in most of the national action plans,

P.   whereas very vulnerable groups exist which are particularly affected by poverty, especially those who have special difficulties in participating in economic and social life, such as disabled people and old people who cannot look after themselves, and whereas the National Action Plans identify a set of risk factors that serve to highlight the multidimensional nature of the problem, although the intensity of the risks varies significantly between Member States and in some cases the risk factors may be the consequences – and not just the causes – of social exclusion and poverty and so it is important to break the cycle of persistent poverty or poverty passed from generation to generation and social exclusion,

Q.   whereas economic and monetary policies and social policies must form the three sides of the same triangle;

R.   whereas the disabled are a group at great risk of social exclusion; whereas there is also a lack of accurate data and common indicators in respect of the situation of the disabled in the National Action Plans,

S.   whereas the over-representation of women among people in poverty is caused in the first place by the lack of women's economic self-reliance, due to the unequal distribution of paid employment and unpaid housework and caring tasks between women and men,

T.   whereas the following risks are a key focus of attention: long-term dependence on low/inadequate income; long-term unemployment; low-quality employment and a lack of work experience; poor education and illiteracy; growing up in a vulnerable family; disability; poor health; precarious housing conditions and homelessness; living in an area affected by multiple disadvantages; and immigration, racism, and discrimination,

U.   whereas the eight core challenges identified in the joint report are:

V.   whereas a free and public education system is a prerequisite of accessibility without exclusion,

1.  Reaffirms that the promotion of a high level of employment and social protection, an increase in living standards and the quality of life and economic and social cohesion must be a priority for the European Union and are fundamental in reducing and preventing poverty and social exclusion;

2.  Stresses that the common challenge facing the policies of the EU and the national governments is to become sufficiently universal within the framework of structural changes to address most of all the needs of those persons, including old people, the disabled, the unemployed, immigrants, children etc., who are most at risk from poverty and social exclusion, and to enable them to exercise their fundamental rights;

3.  Stresses therefore that all forms of employment are to be encouraged, and strongly agrees with the Commission that it is important "to lay the foundations for further development of the temporary work sector, in order to promote job creation and make agency work more attractive", given that this sector can represent a unique opportunity for many of those unwilling to seek, or unable to find, permanent full-time employment;

4.  Considers it essential that steps are taken to ensure the public mission of actions to prevent and combat social exclusion in the education and cultural fields, including lifelong learning, language teaching, the use of new technologies and image or art-based education projects for everyone, in particular disadvantaged groups;

5.  Calls upon Member States to provide freely accessible and free compulsory education for a minimum of 12 years to all children; education should provide young people not only with basic skills, including IT skills, but also with a profound understanding of society, that will enable them to become conscious agents of social progress;

6.  Calls on the Commission and the Member States to strengthen and extend the field of application of successful pilot projects aimed at combating illiteracy, ensuring a mastery of the mother tongue and the learning of other languages;

7.  Calls on the Member States to strengthen the institution of 'second chance' schools, given that a large number of young people who drop out of school are unemployed;

8.  Urges the Member States to set up special educational programmes for immigrants in view of the fact that the overwhelming majority of immigrants are functionally illiterate in the basic language of the host country;

9.  Stresses the importance of modernising the social security systems to enable them to cope with traditional and new risks of poverty and social exclusion and of designing and implementing measures, inter alia in the form of social benefits, for single parents that boost their earning capacities and their reintegration into the labour market;

10.  Highlights the importance of the eight core challenges identified in the joint report on the National Action Plans and calls for a more thorough process of information, consultation and participation in drawing up, following up and evaluating these plans at national, regional and local level with the involvement of not only national but also regional and local institutions, as well as the NGOs, the social and economic operators and partners and bodies representing persons who are excluded or at risk from exclusion; points out in particular that the national and regional parliaments of the Member States must also play a role in drawing up, overseeing, and assessing the National Action Plans for social inclusion;

11.  Welcomes the approval by the Employment and Social Affairs Council on 3 December 2001 of a set of 18 indicators relating to income, access to the labour market, health and upbringing; calls on the Member States to make additional efforts to enable indicators likewise to be compiled in other fields of policy, such as housing; calls on the Council and Commission, in cooperation with the European Parliament, to flesh out these proposals;

12.  Considers that the open method of coordination must embrace greater openness by involving local and regional authorities, labour and management and by ensuring a broad public debate at national level to achieve a genuine exchange of best practice;

13.  Calls on the Commission, in the synthesis report for the 2003 spring summit and in compiling the structural indicators, to take greater account of social cohesion; calls on the Commission and Council, in preparation for the 2003 spring summit, to draft a report on poverty in the Union and the candidate countries;

14.  Calls on the Commission and the Council, together with the European Parliament, to negotiate an interinstitutional agreement on the open method of coordination with a view to the full involvement of Parliament in open coordination;

15.  Reaffirms the need for an integrated and multidimensional strategic approach based on the objectives set out in Nice to ensure added value in combating poverty and social exclusion, an approach incorporating clear priorities and specific aims and objectives and appropriate policies and measures accompanied by the corresponding budgetary amounts and resources;

16.  Highlights the importance of implementing the Community Action Programme to encourage cooperation between Member States to combat social exclusion, notably by holding an annual round table Conference on social exclusion, and emphasises its support for the development of exchanges of good practices and innovative approaches and reinforcing the statistical machinery and the networking of national observatories;

17.  Calls on the Member States, whatever their national political and administrative set-up, to ensure that policies are put into place as close to the individual as possible, and clear lines of responsibility drawn between the different levels of competence;

18.  Stresses that the political measures required to increase social inclusion should be formulated and implemented as close to the people concerned as possible;

19.  Calls on the Member States to develop mechanisms to assess the impact of general policies on poverty and social exclusion;

20.  Calls for greater attention to those structural changes that are currently taking place and others which are expected in future, including the accession of the candidate countries, and which could engender new forms of poverty stemming from industrial restructuring and the switch to social systems characteristic of a competition-driven economy; considers that the above changes need to be tackled as a matter of urgency, focusing in particular on the long-term unemployed, workers who have retired on a bridging pension, and persons not working who have no opportunity to enter the labour market;

21.  Stresses that the National Action Plans must take a proactive approach, achieving a comprehensive view by linking and coordinating different areas of policy;

22.  Believes that the Member States must adopt inclusion (or exclusion) strategies to ensure that the potential of ICT can be exploited to the full to help open the way to more highly skilled jobs and new services designed to enable specific groups to benefit from the economic and social opportunities offered by ICT;

23.  Emphasises that the strategy to combat poverty and social exclusion must pay particular heed to the situation of women and children and be primarily focused on promoting a higher standard of living for vulnerable groups most affected by poverty and most at risk of social exclusion, taking into account their experiences; and calls on the Commission and the Member States to ensure that the dissemination of examples of good practice is accompanied by contextual elements and evaluations in order to facilitate the dialogue between the players of the various countries and the tangible improvement of practices;

24.  Requests the Commission to launch an in-depth study of the extent of economic independence or autonomy of women in the European Union, especially those with family responsibilities, taking into account the various types of household of which women form part and the consecutive phases of their life cycles;

25.  Requests the Commission to incorporate the sexual division of labour as an independent key factor in its analytical framework for the social inclusion policy programme and to include the economic self-reliance of women, particularly those with family responsibilities, among its main goals;

26.  Calls on the Member States not only to mainstream a gender perspective in their policies and programmes and to break down their data by sex, but also to promote the economic self-reliance of women as a priority of their social inclusion policy approach and to report on the progress made in this respect;

27.  Calls on the Commission and the Member States to promote the reconciliation of work and family life in such a way that women get the opportunity to earn sustainable incomes guaranteeing their economic autonomy and autonomous social security;

28.  Calls on the Member States also to promote social-infrastructure measures, for example relating to childcare, voluntary work and public transport in rural areas, in order to make it easier for women to combine work and family life;

29.  Calls on the Commission and the Member States to integrate combating violence against women and children into their social inclusion policy strategies;

30.  Calls on the Commission and the Member States to promote equal treatment for workers in precarious and "atypical' employment;

31.  Stresses the importance of involving the applicant countries as soon as possible in the social integration strategy and of their drawing up their own National Action Plans in order to increase social inclusion;

32.  Calls for particular attention to be paid to all the risk factors identified by the National Action Plans which serve to highlight the multidimensional nature of poverty and social exclusion, which is not restricted to access to the labour market, but also concerns education, health and participation in decision-making forums;

33.  Requests the Member States to take a global approach in their National Action Plans, to lay down clear priorities, to draw clear distinctions between the responsibilities granted to national, regional and local authorities and to set long-term quantitative targets;

34.  Calls on the Council, the Commission, and the Member States to gauge the potential impact of economic policies, inter alia in order to gear them to the social aims laid down at successive European Councils and reaffirms that, although the Structural Funds have an important role to play in cohesion policy, the need for greater economic and social cohesion has to be borne in mind in every decision relating to the various Community policies;

35.  Calls on the Social Protection Committee to submit to the Council by 2002 common indicators linked to the various forms and dimensions of social exclusion, such as quality of health care and access to it, education and housing, and the gender dimension;

36.  Calls on the Commission to include, when drafting the joint annual report on social inclusion, an assessment of the effectiveness and value for money of the policies already in place in the Member States to combat poverty;

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

European Parliament resolution on relations between the European Union and the Arab Maghreb Union: a privileged partnership (2001/2027(INI))

P5_TA(2002)0296 A5-0175/2002

The European Parliament,

–   having regard to the signature by the five Arab Maghreb States in Marrakesh on 17 February 1989 of a Treaty establishing the Arab Maghreb Union (AMU),

–   having regard to the Declaration and work programme adopted at the Barcelona Conference on 28 November 1995,

–   having regard to its recommendation to the Council of 11 March 1999 on the European Union's Mediterranean policy(1),

–   having regard to the common strategy of the European Council on the Mediterranean region, as defined by the Feira European Council on 19 June 2000(2),

–   having regard to the Fourth Euro-Mediterranean Conference held in Marseilles on 15 and 16 November 2000, and also to the Euro-Mediterranean Parliamentary Forum of 8 and 9 February 2001,

–   having regard to the Presidency Conclusions of the Nice European Council of 7 to 9 December 2000,

–   having regard to the conclusions of the Euro-Mediterranean Forum held in Agadir on 25 and 26 October 2001 and the extraordinary Euro-Mediterranean Parliamentary Forum held in Brussels on 8 November 2001,

–   having regard to the conclusions of the Euro-Mediterranean Conference of Foreign Ministers (Barcelona V) held in Valencia on 22 and 23 April 2002,

–   having regard to the conclusions of the extraordinary Brussels European Council of 21 September 2001 and the European Parliament resolution of 4 October 2001 on that meeting(3),

–   having regard to its resolution of 16 March 2000 on Western Sahara(4),

–   having regard to the Agadir Declaration signed by Morocco, Tunisia, Egypt and Jordan of 8 May 2001,

–   having regard to the report of the UN Secretary-General of 10 January 2002 on the situation in Western Sahara and the UN Security Council resolution of 29 June 2001 on the draft framework agreement for Western Sahara,

–   having regard to the revival of political dialogue within the AMU, reflected in the various meetings held in 2001,

–   having regard to the decision of the Foreign Ministers of the 27 signatories of the Barcelona Declaration, meeting in Stuttgart on 15 and 16 April 1999, to grant the Socialist People's Libyan Arab Jamahiriya the status of partner in the Barcelona Process,

–   whereas the Republic of Algeria and the Kingdom of Morocco are signatories of the Barcelona Declaration,

–   whereas the Islamic Republic of Mauritania is a signatory of the Cotonou Agreement governing relations between the European Union and the ACP States,

–   having regard to the visit by the Troika to Algeria, Morocco and Tunisia from 11 to 15 January 2001,

–   having regard to the EC-Morocco and EC-Tunisia Euro-Mediterranean Association Agreements,

–   whereas the EC-Algeria Association Agreement was signed on 22 April 2002 at the Euro-Mediterranean Conference of Foreign Ministers in Valencia,

–   having regard to its resolution of 18 January 2001 on the situation in Algeria(5),

–   having regard to its previous resolutions on the Maghreb countries,

–   having regard to the action plans on immigration adopted at the Tampere European Council on 16 October 1999,

–   having regard to the motion for a resolution by Jorge Salvador Hernández Mollar, on a Morocco – European Union development programme (B5-0418/2001),

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

–   having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy (A5-0175/2002),

A.   whereas there cannot be a Union without regional stability, stability without peace, or peace without respect for human rights, democracy and the rule of law,

B.   whereas respect for the clause on human rights, democracy and the rule of law is a vital element in the association and partnership agreements concluded between the European Community and third countries and pointing out the lack of implementation of such a clause,

C.   having regard to the benefits that economic and political integration would bring in terms of democratic developments in the Maghreb countries and their partnership with the European Union,

D.   whereas a priority aim of the partnership should lie in improving the economic and social situation in the Maghreb countries,

E.   whereas it is the European Union's duty, and is in its interest, to strive to set up a privileged partnership with a unified Maghreb,

F.   whereas a privileged partnership entails improving, where necessary, the cooperation instruments which are already available and setting up initiatives which may result, where appropriate, in a new form of economic and political relations between the European Union and the Maghreb,

G.   whereas the lack of an agreement to date on the question of Western Sahara remains an obstacle to the establishment of the AMU and to further regional integration,

H.   mindful of the findings of the UN Secretary-General's most recent report of 19 February 2002 in the light of the mediation efforts of his personal envoy, Mr James Baker, and of the 27-year deadlock over the issue of Western Sahara,

I.   whereas Mauritania wishes to give its support to any solution which would restore peace and which was consented to by the parties concerned,

J.   having regard to the priority that the European Union gives to deepening dialogue between cultures, religions and civilisations, and to the potentially important role in this respect for dialogue with non-member countries which support a tolerant form of Islam open to a secular society, democracy and the rule of law,

K.   convinced that human beings have their roots in the soil of their birth and the culture in which they are raised,

L.   deploring the fact that the negotiations on the EC-Morocco fisheries agreement have still not concluded,

M.   whereas Spain, which holds the Presidency of the Council of the European Union in the first half of 2002, decided to use the Valencia Conference on 22 and 23 April 2002 as a means of giving a fresh impetus to the European Union's Mediterranean policy,

1.  Considers that closer relations between the various Maghreb countries are vital for the development of the entire Euro-Mediterranean partnership; welcomes, in this connection, the decision by the AMU heads of state to meet on 21 and 22 June 2002 in Algiers,

2.  Welcomes the meeting of AMU foreign ministers, which was held on 19 January 2002 for the first time in eight years and concluded with the commitment to hold a summit of heads of state in the first half of 2002;

3.  Considers that, in accordance with the spirit of the Barcelona Declaration, it is the European Union's duty, in cooperation with the United Nations and in accordance with its resolutions, to use dialogue and mediation to help resolve the conflicts which may involve the Maghreb countries that are the EU's Mediterranean partners, such as that in Western Sahara, in the case of this report;

4.  Suggests that to that end, and taking a lead from the recent changes to the Rules of Procedure of the ACP-EU Joint Parliamentary Assembly and from the "regional' restructuring of the Joint External Relations Service through the creation of the EuropeAid Directorate-General, structures for dialogue and discussion on a regional scale should be set up within the Euro-Mediterranean Parliamentary Forum; proposes that those structures should take the form of working parties which meet regularly, and that they should have as their main aim to assemble the members of parliament of all the parties to the conflict around one table; suggests that such working parties should have the option of holding regular hearings of representatives of civil society; proposes that one of them should focus on the question of Western Sahara, and another on the questions raised by immigration;

5.  Urges the European Union Member States and non-member countries to comply with the agreements that they have signed, and in particular the clause on human rights, democracy and the rule of law in the Euro-Mediterranean association agreements; calls on the Maghreb States to guarantee political pluralism and, to that end, to refrain from impeding the development of political parties;

6.  Believes that all signatories of the Barcelona declaration must be committed to undertake concrete measures in order to develop and implement all the aspects of the partnership; urges, in this regard, all parties to define clear mechanisms concerning the implementation of Article 2 of the association agreements;

7.  Stresses the need for the agreements in force to undergo regular, annual assessments by the Association Council, and asks to be fully involved, together with the parliaments of the Maghreb countries, in such assessments; stresses the need for enhanced political dialogue with the parliaments of the Maghreb countries which have signed those agreements, and proposes that a joint parliamentary committee be set up with those states, which might work in direct relation with the Euro-Mediterranean Parliamentary Forum;

8.  Stresses the need to establish the means required to step up cooperation in the fight against terrorism under the agreements signed and as part of the political dialogue between the parties;

9.  Highlights the importance of promoting and protecting freedom of association in the process of establishing and strengthening the rule of law; calls for this principle to be effectively guaranteed; encourages the Commission to act independently when allocating democracy and human rights programmes;

10.  Welcomes the condemnation by all the Maghreb States of the terrorist attacks in New York and Washington on 11 September 2001; supports the fight against terrorism but believes that it cannot in any circumstances justify practices which are contrary to the rule of law, fundamental freedoms and respect for human rights and international law;

11.  Stresses that the development of civil society must be a cornerstone of the EU/Maghreb partnership between the European Union and the Maghreb countries, and emphasises the need for direct support to independent citizen associations and local NGOs;

12.  Calls on the European Union and the Member States to reconsider their immigration policy with the Maghreb countries in the context of the Valencia Conference, since the opening-up of markets in the context of the Euro-Mediterranean partnership must be accompanied by greater opening-up of borders to citizens, with due regard nonetheless for the context of legality and the requisite balance between the protection of refugees, the desire to seek a better life and the absorptive capacity of the Union and its Member States, and while stepping up the fight against the illegal trafficking in human beings;

13.  To this end proposes once again, firstly, a shared responsibility for managing migration flows, based on the principle of mobilising immigration for job creation and development in the country of origin, and, secondly, the implementation of a clearly established integration policy in the host countries for immigrants legally residing there, based on equal rights; proposes, in this perspective, provisions to facilitate the granting of visas to persons who participate in activities that aim to promote Euro-Mediterranean cooperation, such as business people, university teachers, researchers, students, and representatives of civil society and trade unions; calls on all the competent authorities of the European Union, the Member States and the partner countries to use the association and cooperation agreements to coordinate implementation of that policy, and calls on them in particular to fight effectively against illegal trafficking in human beings;

14.  Notes the statements made by President Gaddafi, and expects these to take practical form in the near future with the establishment of the rule of law, democracy and respect for human rights in Libya;

15.  Hopes that the various options for resolving the conflict in Western Sahara set out in the most recent report of the UN Secretary-General, together with any other possible proposals, will be submitted for direct negotiation between the parties concerned;

16.  Hopes that the further cooperation between the countries of the AMU can help bring a climate of peace to the region for the sake of all the peoples concerned, and above all the Sahrawi people, who have experienced great suffering over the last 25 years;

17.  Reiterates the importance that it attaches to deepening inter-cultural and inter-religion dialogue between the two shores of the Mediterranean; calls on the Commission and on the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy to take initiatives in this area; believes that the number of existing programmes in the field of culture and education should be increased and that these should be implemented more effectively;

18.  Calls on the Commission to assess the economic and social impact of the implementation of the association agreements;

19.  Calls on the European Union to significantly improve conditions for the export of products from the Maghreb countries to Europe and to cooperate with the Maghreb countries to promote increased private investment, the establishment of joint ventures and trade liberalisation, these being essential elements of a deep and stable partnership;

20.  Repeats its expressions of regret about the failure of the EC-Morocco fisheries agreement, and expresses the hope that negotiations will resume shortly and that these will lead to a new agreement enabling balanced trade relations, which take account of the legitimate concern to conserve fish stocks, to be restored;

21.  Reiterates its conviction that the quest for and recognition of food sovereignty in the developing countries are prerequisites for sustainable development entails; stresses the need for the essential opening-up of markets to be carried out fairly amongst the partners and to be balanced by measures to ensure the long-term future of agriculture and regional fisheries;

22.  Wishes to see cooperation developed in the field of public services (transport, energy, telecommunications, education, health), as this would benefit the economic development of the Mediterranean countries and meet the needs of their populations;

23.  Considers it advisable for the Maghreb dimension to the Euro-Mediterranean partnership to include an increase in the trade in goods and services;

24.  Notes that, with the current level of trade between Maghreb countries amounting to less than 4 %, the opening-up of borders will prove insufficient unless it is accompanied by investment in production and infrastructure geared towards the complementary development and integration of their economies, beginning with agriculture and energy;

25.  Regards it as vital that the development of regional integration processes should also cover the environment (combating desertification, coastal pollution and urban decay), the further alignment of economic reforms and the approximation of social security systems;

26.  Calls on the Council and the Commission to take this opportunity to demonstrate the European Union's willingness to take account of the needs of its partners and to develop new instruments for cooperation in a spirit of mutual respect;

27.  Believes that the Agadir Declaration ought to be viewed as an initial stage in the development of extensive South-South trade to allow greater integration amongst the economies of all countries in the region;

28.  Proposes that EU-Maghreb relations should in future be envisaged in a specific innovative framework which could take the form of a stability, democracy and development pact, to support and revive economic and political integration between the five Maghreb countries, as laid down in the Treaty establishing the AMU;

29.  Considers that the proposals by the European Council in Barcelona of 15 and 16 March 2002 and the decision of the Ecofin Council do not run counter to the prospect of setting up a Euro-Mediterranean development bank at a later stage; considers the decision to introduce an enhanced Euro-Mediterranean investment mechanism within the EIB and set up an EIB office in the region to be an initial positive step in this direction, capable of encouraging investment flows in the near future; takes the view that the European Parliament should give its position on this matter; with this in view, calls on the Commission to submit a new, specific communication in the near future covering financial needs, existing financing flows and the most appropriate institutional financial machinery;

30.  Suggests, in this connection, that special efforts be made to guide investment towards supporting regional and transnational projects in the Maghreb, and requests the Commission also to boost the multinational dimension of the MEDA programmes and render them more effective, with the aim of further developing and promoting regional cooperation;

31.  Stresses the importance of the intercultural dialogue, not only between states but also between the different cultural communities within the Member States and within the different countries of the Maghreb; believes that the development of sustainable tourism with respect for and in order to preserve the ecological diversity and the protection of cultural heritage can play an important role in achieving this;

32.  Hopes to see the Maghreb dimension enrich Euro-Mediterranean partnership policy and give it a subregional focus and, to that end, advocates relaunching cooperation amongst the countries of the western Mediterranean;

33.  Instructs its President to forward this resolution to the President of the Islamic Republic of Mauritania, His Majesty the King of Morocco, the President of the Republic of Algeria, the President of the Republic of Tunisia, the Leader of the Socialist People's Libyan Arab Jamahiriya, the Council, the Commission and the Secretary-General of the United Nations.

(1) 1 OJ C 175, 21.6.1999, p. 286. (2) 2 OJ L 183, 22.7.2000, p. 5. (3) 3 OJ C 87 E, 11.4.2002, p. 216. (4) 4 OJ C 377, 29.12.2000, p. 354. (5) OJ C 262, 18.9.2001, p. 261.