Go back to the Europarl portal

Choisissez la langue de votre document :

 Index 
Texts adopted
Thursday, 27 March 2003 - Brussels
Tuna tracking and verification system *
 Budgetary and financial rules applicable to the Translation Centre for the Bodies of the European Union and access to the Centre's documents *
 Budgetary and financial rules applicable to the European Agency for Reconstruction and access to the Agency's documents *
 Budgetary and financial rules applicable to the European Agency for the Evaluation of Medicinal Products and access to the Agency's documents *
 Budgetary and financial rules applicable to the European Training Foundation and access to the Foundation's documents *
 Budgetary and financial rules applicable to the European Foundation for the Improvement of Living and Working Conditions and access to the Foundation's documents *
 Setting up Eurojust with a view to reinforcing the fight against serious crime *
 Internal audit and control systems applicable to the Community Plant Variety Office and access to the Office's documents *
 Budgetary and financial rules applicable to the European Monitoring Centre for Drugs and Drug Addiction and access to the Centre's documents *
 Budgetary and financial rules applicable to the European Monitoring Centre on Racism and Xenophobia and access to the Centre's documents *
 Internal audit and control systems applicable to the Office for Harmonisation in the Internal Market and access to the Office's documents *
 Budgetary and financial rules applicable to the European Agency for Safety and Health at Work and access to the Agency's documents *
 Budgetary and financial rules applicable to the European Centre for the Development of Vocational Training and access to the Centre's documents *
 Introduction in the draft Accession Treaty of a financial framework
 Restrictions on CMR substances or preparations ***III
 Restrictions on the marketing and use of nonylphenol, nonylphenol ethoxylate and cement ***I
 Combating HIV/AIDS, malaria and tuberculosis in developing countries ***I
 Removal of sharks' fins on board vessels *
 Staff Regulations *
 2002 Annual debate on an area of freedom, security and justice
 Outcome of the European Council (Brussels, 20/21 March 2003)
 Sustainable use of pesticides
 Fleet conversion in the light of the fishing agreement with Morocco
 Protection of the financial interests of the Community and the European Prosecutor

Tuna tracking and verification system *
PDF 311kWORD 45k
European Parliament legislative resolution on the proposal for a Council regulation establishing a tuna tracking and verification system (COM(2001) 406 – C5&nbhy;0408/2001 – 2001/0170(CNS))
P5_TA(2003)0107A5-0045/2003

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2001) 406)(1),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5&nbhy;0408/2001),

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

–   having regard to the report of the Committee on Fisheries (A5&nbhy;0045/2003),

1.  Approves the Commission proposal as amended;

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

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

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

Text proposed by the Commission   Amendments by Parliament
Amendment 1
Recital 3
(3)  In July 1999 the Contracting Parties to the AIDCP decided to establish a system to track and verify tuna caught in the Agreement's area of application, with a view to identifying tuna caught without any risk to dolphins.
(3)  In July 1999 the Contracting Parties to the AIDCP decided to establish a system to track and verify tuna caught in the Agreement's area of application. Consequently, the Community should establish a system for tracking and verifying tuna caught in the Agreement's area of application by vessels fishing under the AIDCP. The objective of that system is to make it possible to differentiate between 'dolphin-safe tuna' and 'non-dolphin-safe tuna' from the time when it is caught until it is ready for retail sale. The system is based on the premise that 'dolphin-safe' tuna must be identified as soon as it is caught and continue to be identified as 'dolphin-safe tuna' during unloading, storage, transport and processing.
Amendment 2
Recital 4a (new)
(4a) The development of a genuine common fisheries policy requires the powers of monitoring fishing activity to be assigned to the Commission.
Amendment 3
Recital 4b (new)
(4b) The inspection schemes of regional fisheries organisations are adopted within a framework in which the Community is represented by the Commission on the basis of exclusive Community competence in the field of fisheries.
Amendment 4
Recital 4c (new)
(4c) It is the Commission's role not only to represent the Community's interests and be responsible for fulfilment of the commitments entered into, but also to guide, coordinate and prepare the Community's position in international fora for cooperation in the fisheries sphere, as well as to monitor and coordinate the quality and accuracy of the data to be forwarded to the IATTC and AIDCP.
Amendment 5
Recital 4d (new)
(4d) The Union's participation in international fisheries organisations is an exclusive sphere of competence of the Community and the common fisheries policy's principle of the adequacy of resources requires that the cost of taking part in these organisations be borne by the Community budget, including the cost of monitoring fisheries.
Amendment 6
Recital 4e (new)
(4e) It is the responsibility of the Commission to represent the Community in negotiations in the regional fisheries organisations, and to coordinate and approve the databases whose creation has been agreed by the regional fisheries organisations. It is also the responsibility of the Commission to ascertain that the information submitted to the regional fisheries organisations meets the criteria of quality, accuracy and regularity, and to participate in scientific fora and meetings and in general act on behalf of the Community in regional fisheries organisations, including the monitoring of fisheries.
Amendment 8
Recital 4f (new)
(4f) The lack of adequate human and material resources means that the Community's powers are delegated to the Member State authorities in some instances, but this situation cannot become the norm or be extended indefinitely, and the Commission should be given all the resources needed to fulfil the duties deriving from its powers and, even in this transitional period, the Commission is not exempt from exercising its supervisory and monitoring powers over the activities delegated to the Member State authorities.
Amendment 9
Recital 5
(5)  Supervision of the unloading and transloading of the catch, at port, is the responsibility of each Member State, but it can, by administrative arrangement or agreement, delegate this responsibility to the State where unloading occurs.
(5)  Supervision of the unloading and transloading of the catch, at port, corresponds to a Community decision and is the responsibility of each Member State, this responsibility being delegated from the Commission on a transitional basis, but it can, by administrative arrangement or agreement, delegate this responsibility to the State where unloading occurs.
Amendment 10
Article 2
This Regulation shall apply to Community fishing vessels, that is to say, fishing vessels flying the flag of a Member State and registered in the Community, fishing for tuna in the waters of the eastern Pacific as defined in Article 3 of the AIDCP.
This Regulation shall apply to fishing vessels or carriers sailing under the flag of a Member State and registered in the Community, fishing for or carrying tuna from the Agreement Area tracked by a tracking form.
This Regulation shall also apply to "carriers", that is to say, vessels that carry tuna tracked by a tracking form, flying the flag of a Member State and registered in the Community.
This Regulation shall also apply to tuna caught in the Agreement Area and tracked by a tracking form which has been unloaded, stored, transported or processed in the Community.
Amendment 11
Article 3, point 2a (new)
(2a) "Agreement Area" means the waters of the eastern Pacific as defined in Article 3 of the AIDCP;
Amendment 12
Article 3, point 5
(5) "Observer" is the person assigned to the vessel by the Inter-American Tropical Tuna Commission (IATTC) or the contracting party's national observer programme to record the vessel's fishing activities;
(5) "Observer" is the person assigned to the vessel by the Inter-American Tropical Tuna Commission (IATTC) or the contracting party to record the vessel's fishing activities;
Amendment 13
Article 4, paragraph 1
1.  The Member States shall be responsible for tracking and verifying tuna caught, transported and unloaded by vessels flying their flag, and tuna for processing on their territory.
1.  On a transitional basis, the Commission shall delegate to the Member States responsibility for tracking and verifying tuna caught, transported and unloaded by vessels flying their flag, and tuna for processing on their territory.
Amendment 14
Article 4, paragraph 3
3.  The Member States shall provide the on-board observer with tracking forms for each of the vessels flying their flag and authorised to fish for tuna in the area referred to in Article 2.
3.  The Member States, on a transitional basis and by way of delegation from the Commission, shall provide the on-board observer with tracking forms for each of the vessels flying their flag and authorised to fish for tuna in the area referred to in Article 2.
Amendment 15
Article 4, paragraph 3a (new)
3a. The Member States shall take the necessary measures to ensure that tuna caught in the Agreement Area which is stored, processed and marketed on their territory is clearly identified, as dolphin-safe or non-dolphin-safe as appropriate, until the time it is ready for retail sale. These procedures shall include the following requirements:
(a) any change in the ownership of unprocessed tuna shall be subject to the provisions of Article 6(4), (5) and (7);
(b) during processing, non-dolphin-safe tuna and dolphin-safe tuna shall be handled on separate production lines and at separate times;
(c) those responsible for processing shall keep a register which is sufficiently clear as to allow the lot numbers of processed tuna to be found under the corresponding number of the tracking form.
Amendment 16
Article 5, title
Captain's obligations
Obligations during fishing or transport
Amendment 17
Article 6, title
Unloading operation
Logistical, processing and marketing operations
Amendment 18
Article 6, paragraph 9
9.  The Member States may, under specific bilateral agreements, delegate the supervision of unloading and transport to the national authorities of the port involved. That State accordingly becomes responsible for implementing the system in the case of the tuna unloaded and transported on its territory, regardless of the flag of the vessel that caught them.
9.  By way of delegation from the Commission, the Member States may in turn delegate the supervision of unloading and transport to the national authorities of the port involved, under specific bilateral agreements. That State accordingly becomes responsible for implementing the system in the case of the tuna unloaded and transported on its territory, regardless of the flag of the vessel that caught them.
Amendment 19
Article 7, paragraph 1
1.  For the implementation of this tuna tracking and verification system, the Member States shall create a computer database to which the Commission shall have computerised access.
1.  For the implementation of this tuna tracking and verification system, the Commission shall create a computer database which shall be compiled from the data supplied by the Member States and to which the Member States and the AIDCP Secretariat shall have computerised access.
Amendment 20
Article 7, paragraph 2
2.  Within 10 days of receipt of a tuna tracking form, the Member States shall send one copy, signed by the observer and captain, to the AIDCP Secretariat, and a copy to the Commission.
2.  Within 10 days of receipt of a tuna tracking form, the Member States shall send one copy, signed by the observer and captain, to the Commission. After computer processing, the Commission shall send a copy of the tuna tracking form to the AIDCP Secretariat.
Amendment 21
Article 7, paragraph 3
3.  Before 1 May each year, Member States shall send a report of their implementation of the tuna tracking and verification system to the Commission, which shall send a report on this basis to the AIDCP Secretariat before each annual meeting.
3.  Before 1 May each year, Member States shall send a report of their implementation of the tuna tracking and verification system to the Commission, which shall send a report on this basis and on the basis of information gained from the database and the appropriate verifications to the AIDCP Secretariat before each annual meeting.
Amendment 22
Article 9a (new)
Article 9a
Expenditure on monitoring operations
Member States' expenditure on monitoring operations resulting from the application of this Regulation shall be reimbursed from the Community budget.
Amendment 23
Article 9b (new)
Article 9b
Information to the European Parliament
The European Parliament shall be duly informed of the decisions taken in accordance with the procedure relating to regulatory and management committees, in accordance with the provisions laid down in Articles 3 to 9a and in the Annexes to this Regulation.

(1) OJ C 304 E, 30.10.2001, p. 212.


Budgetary and financial rules applicable to the Translation Centre for the Bodies of the European Union and access to the Centre's documents *
PDF 105kWORD 30k
European Parliament legislative resolution on the proposal for a Council Regulation amending Regulation (EC) No 2965/94 as regards the budgetary and financial rules applicable to the Translation Centre for the Bodies of the European Union and access to the Centre's documents (COM(2002) 406 - C5-0428/2002 - 2002/0167(CNS))
P5_TA(2003)0108A5-0336/2002

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 406)(1),

–   having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5&nbhy;0428/2002),

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

–   having regard to the report of the Committee on Budgets and the opinions of the Committee on Budgetary Control and the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0336/2002),

1.  Approves the Commission proposal as amended during the sitting of 22 October 2002(2);

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

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

4.  Calls for 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;

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

6.  Instructs its President to forward its position to the Council, the Commission and the Court of Auditors.

(1) OJ C 331 E, 31.12.2002, p. 50.
(2) P5_TA(2002)0477.


Budgetary and financial rules applicable to the European Agency for Reconstruction and access to the Agency's documents *
PDF 105kWORD 29k
European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 2667/2000 as regards the budgetary and financial rules applicable to the European Agency for Reconstruction and access to the Agency's documents (COM(2002) 406 - C5-0429/2002 - 2002/0168(CNS))
P5_TA(2003)0109A5-0336/2002

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 406)(1),

–   having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5&nbhy;0429/2002),

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

–   having regard to the report of the Committee on Budgets and the opinions of the Committee on Budgetary Control and the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0336/2002),

1.  Approves the Commission proposal as amended during the sitting of 22 October 2002(2);

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

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

4.  Calls for 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;

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

6.  Instructs its President to forward its position to the Council, the Commission and the Court of Auditors.

(1) OJ C 331 E, 31.12.2002, p. 57.
(2) P5_TA(2002)0478.


Budgetary and financial rules applicable to the European Agency for the Evaluation of Medicinal Products and access to the Agency's documents *
PDF 105kWORD 29k
European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EEC) No 2309/93 as regards the budgetary and financial rules applicable to the European Agency for the Evaluation of Medicinal Products and access to the Agency's documents (COM(2002) 406 - C5-0430/2002 - 2002/0170(CNS))
P5_TA(2003)0110A5-0336/2002

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 406)(1),

–   having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5&nbhy;0430/2002),

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

–   having regard to the report of the Committee on Budgets and the opinions of the Committee on Budgetary Control and the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0336/2002),

1.  Approves the Commission proposal as amended during the sitting of 22 October 2002(2);

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

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

4.  Calls for 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;

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

6.  Instructs its President to forward its position to the Council, Commission and the Court of Auditors.

(1) OJ C 331 E, 31.12.2002, p. 61.
(2) P5_TA(2002)0479.


Budgetary and financial rules applicable to the European Training Foundation and access to the Foundation's documents *
PDF 105kWORD 29k
European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EEC) No 1360/90 as regards the budgetary and financial rules applicable to the European Training Foundation and access to the Foundation's documents (COM(2002) 406 - C5-0431/2002 - 2002/0171(CNS))
P5_TA(2003)0111A5-0336/2002

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 406)(1),

–   having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5&nbhy;0431/2002),

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

–   having regard to the report of the Committee on Budgets and the opinions of the Committee on Budgetary Control and the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0336/2002),

1.  Approves the Commission proposal as amended during the sitting of 22 October 2002(2);

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

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

4.  Calls for 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;

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

6.  Instructs its President to forward its position to the Council, Commission and the Court of Auditors.

(1) OJ C 331 E, 31.12.2002, p. 63.
(2) P5_TA(2002)0480.


Budgetary and financial rules applicable to the European Foundation for the Improvement of Living and Working Conditions and access to the Foundation's documents *
PDF 105kWORD 29k
European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EEC) No 1365/75 as regards the budgetary and financial rules applicable to the European Foundation for the Improvement of Living and Working Conditions and access to the Foundation's documents and repealing Regulation (EEC) No 1417/76 (COM(2002) 406 - C5-0432/2002 - 2002/0172(CNS))
P5_TA(2003)0112A5-0336/2002

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 406)(1),

–   having been consulted by the Council pursuant to Articles 308 and 279 of the EC Treaty (C5&nbhy;0432/2002),

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

–   having regard to the report of the Committee on Budgets and the opinions of the Committee on Budgetary Control and the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0336/2002),

1.  Approves the Commission proposal as amended during the sitting of 22 October 2002(2);

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

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

4.  Calls for 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;

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

6.  Instructs its President to forward its position to the Council, Commission and the Court of Auditors.

(1) OJ C 331 E, 31.12.2002, p. 65.
(2) P5_TA(2002)0481.


Setting up Eurojust with a view to reinforcing the fight against serious crime *
PDF 105kWORD 29k
European Parliament legislative resolution on the proposal for a Council regulation amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (COM(2002) 406 - C5-0433/2002 - 2002/0173(CNS))
P5_TA(2003)0113A5-0336/2002

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 406)(1),

–   having been consulted by the Council pursuant to Articles 31 and 34 of the Treaty on European Union (C5&nbhy;0433/2002),

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

–   having regard to the report of the Committee on Budgets and the opinions of the Committee on Budgetary Control and the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0336/2002),

1.  Approves the Commission proposal as amended during the sitting of 22 October 2002(2);

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

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

4.  Calls for 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;

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

6.  Instructs its President to forward its position to the Council, Commission and the Court of Auditors.

(1) OJ C 331 E, 31.12.2002, p. 67.
(2) P5_TA(2002)0482.


Internal audit and control systems applicable to the Community Plant Variety Office and access to the Office's documents *
PDF 105kWORD 29k
European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 2100/94 as regards the internal audit and control systems applicable to the Community Plant Variety Office and access to the Office's documents (COM(2002) 406 - C5-0434/2002 - 2002/0174(CNS))
P5_TA(2003)0114A5-0336/2002

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 406)(1),

–   having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5&nbhy;0434/2002),

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

–   having regard to the report of the Committee on Budgets and the opinions of the Committee on Budgetary Control and the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0336/2002),

1.  Approves the Commission proposal as amended during the sitting of 22 October 2002(2);

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

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

4.  Calls for 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;

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

6.  Instructs its President to forward its position to the Council, Commission and the Court of Auditors.

(1) OJ C 331 E, 31.12.2002, p. 69.
(2) P5_TA(2002)0483.


Budgetary and financial rules applicable to the European Monitoring Centre for Drugs and Drug Addiction and access to the Centre's documents *
PDF 105kWORD 29k
European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EEC) No 302/93 as regards the budgetary and financial rules applicable to the European Monitoring Centre for Drugs and Drug Addiction and access to the Centre's documents (COM(2002) 406 - C5-0435/2002 - 2002/0175(CNS))
P5_TA(2003)0115A5-0336/2002

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 406)(1),

–   having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5&nbhy;0435/2002),

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

–   having regard to the report of the Committee on Budgets and the opinions of the Committee on Budgetary Control and the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0336/2002),

1.  Approves the Commission proposal as amended during the sitting of 22 October 2002(2);

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

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

4.  Calls for 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;

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

6.  Instructs its President to forward its position to the Council, Commission and the Court of Auditors.

(1) OJ C 331 E, 31.12.2002, p. 71.
(2) P5_TA(2002)0484.


Budgetary and financial rules applicable to the European Monitoring Centre on Racism and Xenophobia and access to the Centre's documents *
PDF 105kWORD 29k
European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 1035/97 as regards the budgetary and financial rules applicable to the European Monitoring Centre on Racism and Xenophobia and access to the Centre's documents (COM(2002) 406 - C5-0436/2002 - 2002/0176(CNS))
P5_TA(2003)0116A5-0336/2002

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 406)(1),

–   having been consulted by the Council pursuant to Articles 308 and 284 of the EC Treaty (C5&nbhy;0436/2002),

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

–   having regard to the report of the Committee on Budgets and the opinions of the Committee on Budgetary Control and the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0336/2002),

1.  Approves the Commission proposal as amended during the sitting of 22 October 2002(2);

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

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

4.  Calls for 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;

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

6.  Instructs its President to forward its position to the Council, Commission and the Court of Auditors.

(1) OJ C 331 E, 31.12.2002, p. 73.
(2) P5_TA(2002)0485.


Internal audit and control systems applicable to the Office for Harmonisation in the Internal Market and access to the Office's documents *
PDF 105kWORD 29k
European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 40/94 as regards the internal audit and control systems applicable to the Office for Harmonisation in the Internal Market and access to the Office's documents (COM(2002) 406 - C5-0437/2002 - 2002/0177(CNS))
P5_TA(2003)0117A5-0336/2002

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 406)(1),

–   having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5&nbhy;0437/2002),

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

–   having regard to the report of the Committee on Budgets and the opinions of the Committee on Budgetary Control and the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0336/2002),

1.  Approves the Commission proposal as amended during the sitting of 22 October 2002(2);

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

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

4.  Calls for 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;

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

6.  Instructs its President to forward its position to the Council, Commission and the Court of Auditors.

(1) OJ C 331 E, 31.12.2002, p. 75.
(2) P5_TA(2002)0486.


Budgetary and financial rules applicable to the European Agency for Safety and Health at Work and access to the Agency's documents *
PDF 105kWORD 29k
European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 2062/94 as regards the budgetary and financial rules applicable to the European Agency for Safety and Health at Work and access to the Agency's documents (COM(2002) 406 - C5-0438/2002 - 2002/0178(CNS))
P5_TA(2003)0118A5-0336/2002

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 406)(1),

–   having been consulted by the Council pursuant to Article 308 of the EC Treaty (C5&nbhy;0438/2002),

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

–   having regard to the report of the Committee on Budgets and the opinions of the Committee on Budgetary Control and the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0336/2002),

1.  Approves the Commission proposal as amended during the sitting of 22 October 2002(2);

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

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

4.  Calls for 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;

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

6.  Instructs its President to forward its position to the Council, Commission and the Court of Auditors.

(1) OJ C 331 E, 31.12.2002, p. 77.
(2) P5_TA(2002)0487.


Budgetary and financial rules applicable to the European Centre for the Development of Vocational Training and access to the Centre's documents *
PDF 105kWORD 29k
European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EEC) No 337/75 as regards the budgetary and financial rules applicable to the European Centre for the Development of Vocational Training and access to the Centre's documents and repealing Regulation (EEC) No 1416/76 (COM(2002) 406 - C5-0439/2002 - 2002/0180(CNS))
P5_TA(2003)0119A5-0336/2002

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 406)(1),

–   having been consulted by the Council pursuant to Articles 308 and 279 of the EC Treaty (C5&nbhy;0439/2002),

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

–   having regard to the report of the Committee on Budgets and the opinions of the Committee on Budgetary Control and the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs (A5&nbhy;0336/2002),

1.  Approves the Commission proposal as amended during the sitting of 22 October 2002(2);

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

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

4.  Calls for 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;

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

6.  Instructs its President to forward its position to the Council, Commission and the Court of Auditors.

(1) OJ C 331 E, 31.12.2002, p. 82.
(2) P5_TA(2002)0488.


Introduction in the draft Accession Treaty of a financial framework
PDF 110kWORD 28k
European Parliament resolution containing the European Parliament's recommendations to the Council on the introduction in the draft Accession Treaty of a financial framework (2003/2050(INI))
P5_TA(2003)0120A5-0077/2003

The European Parliament,

–   having regard to Rule 96(4) of its Rules of Procedure,

–   having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and of the Committee on Budgets (A5&nbhy;0077/2003),

A.   whereas the Conclusions of the Copenhagen European Council of 12-13 December 2002 contained a table with 'maximum appropriations (...) for the new Member States' in relation to four of the categories of expenditure included in the financial perspective,

B.   whereas the Member States decided to make a reference to this table in Article 32 of the Act of Accession and include it in Annex XV thereto,

C.   whereas the fixing, in Annex XV, of what is referred to as 'maximum enlargement-related appropriations' appears to subject the new Member States to a separate and more restrictive regime and, if so, this represents a breach of the fundamental principle of the equality of Member States,

D.   whereas the figures in Annex XV constitute the minimum threshold necessary for the adjustment of the financial perspective,

E.   whereas the unilateral fixing of budgetary figures and the current, unprecedented attempt to curtail Parliament's budgetary powers by elevating these figures to primary law are clearly incompatible with EU principles, as well as with the Interinstitutional Agreement of 6 May 1999,

1.  Remains fully committed to achieving the accession, on 1 May 2004, of the applicant States with which negotiations have been concluded; expects the same from the Member States and Council;

2.  Urges the Member States and the accession countries to modify Article 32 and to withdraw or modify Annex XV before Parliament's vote on the assent procedures;

3.  Warns Member States that if Article 32 and Annex XV are nevertheless maintained in the Accession Treaty in their current form, this will be regarded as an infringement of Parliament's prerogatives in budgetary matters laid down in Article 272 of the EC Treaty, a violation of the Interinstitutional Agreement, namely of point 25 thereof, and discrimination against the new Member States;

4.  Considers the Member States' approach to be a breach of the principle of loyal cooperation between the institutions; interprets this approach as a signal that the Council intends to abandon the Interinstitutional Agreement and the financial perspective included therein;

5.  Reminds the Commission of its responsibility to act as guardian of the Treaties; calls on the Commission to take all necessary steps;

6.  Considers that if the Member States insist on maintaining Article 32 and Annex XV in the draft Act of Accession in their current form, Parliament could continue budgetary cooperation only if Parliament's powers are fully respected and the new Member States are treated in the same way as the current Member States;

7.  Invites the Member States and the Council to follow the recommendations contained in this resolution, so as not to delay the signing of the Accession Treaty;

8.  Instructs its President to forward this resolution to the Council, the Commission, and the governments of the Member States and of the accession countries.


Restrictions on CMR substances or preparations ***III
PDF 197kWORD 26k
European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a European Parliament and Council directive amending for the twenty-third time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (substances classified as carcinogens, mutagens or substances toxic to reproduction) (PE-CONS 3606/2003 – C5&nbhy;0016/2003 – 2001/0110(COD))
P5_TA(2003)0121A5-0064/2003

(Codecision procedure: third reading)

The European Parliament,

–   having regard to the joint text approved by the Conciliation Committee (PE-CONS 3606/2003 – C5&nbhy;0016/2003),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2001) 256)(2),

–   having regard to its position at second reading(3) on the Council common position(4),

–   having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2002) 768 &nbhy; C5&nbhy;0637/2002)(5),

–   having regard to Article 251(5) of the EC Treaty,

–   having regard to Rule 83 of its Rules of Procedure,

–   having regard to the report of its delegation to the Conciliation Committee (A5&nbhy;0064/2003),

1.  Approves the joint text;

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

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

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

(1) OJ C 284 E, 21.11.2002, p. 88.
(2) OJ C 213 E, 31.7.2001, p. 263.
(3) P5_TA(2002)0460.
(4) OJ C 197 E, 20.8.2002, p.1.
(5) OJ C not yet published.


Restrictions on the marketing and use of nonylphenol, nonylphenol ethoxylate and cement ***I
PDF 233kWORD 49k
Resolution
Consolidated text
Annex
European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council relating to restrictions on the marketing and use of nonylphenol, nonylphenol ethoxylate and cement (twenty-sixth amendment of Council Directive 76/769/EEC) (COM(2002) 459 – C5&nbhy;0382/2002 – 2002/0206(COD))
P5_TA(2003)0122A5-0044/2003

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 459)(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;0382/2002),

–   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 and the opinion of the Committee on Industry, External Trade, Research and Energy (A5&nbhy;0044/2003),

1.  Approves the Commission proposal as amended;

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

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

Position of the European Parliament adopted at first reading on 27 March 2003 with a view to the adoption of European Parliament and Council Directive 2003/…./EC amending for the 26th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (nonylphenol, nonylphenol ethoxylate and cement)

P5_TC1-COD(2002)0206


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 European Economic and Social Committee (3),

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

Whereas:

(1)  The risks posed to the environment by nonylphenol (NP) and nonylphenol ethoxylate (NPE) have been assessed in accordance with Council Regulation (EEC) No 793/93 of 23 March 1993 on the evaluation and control of the risks of existing substances (5). The assessment identified a need to reduce those risks and, in its opinion of 6 and 7 March 2001, the Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE) confirmed that conclusion.

(2)  NP is classified as a "priority hazardous substance" in Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (6). Pursuant to Article 16(6) of that Directive, the Commission is to submit proposals of control for the cessation or phasing-out of discharges, emissions and losses of such substances.

(3)  Commission Recommendation 2001/838/EC of 7 November 2001 on the results of the risk evaluation and the risk reduction strategies for the substances: acrylaldehyde; dimethyl sulphate; nonylphenol phenol, 4–nonyl–, branched; tert–butyl methyl ether (7), adopted within the framework of Regulation (EEC) No 793/93, proposed a risk limitation strategy for NP and NPE, recommending in particular that restrictions be placed on their marketing and use.

(4)  In order to protect the environment the Commission is invited to consider an amendment to Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (8) with a view to establishing a concentration limit value for NP and NPE in sewage sludge that is to be spread on land.

(5)  In order further to protect the environment, the placing on the market and the use of NP and NPE should be restricted for specific uses which result in discharges, emissions or losses to the environment. However, the restriction concerning co-formulants in pesticides and biocides should be without prejudice to the validity of existing national authorisations of pesticides or biocidal products containing NPE as a co-formulant, which have been granted before the entry into force of this Directive, until they expire.

(6)  Scientific studies have also shown that cement preparations containing chromium VI may cause allergic reactions in certain circumstances, if there is direct and prolonged contact with the human skin. All uses of cement bear the risk of direct and prolonged contact with the human skin, with the exception of controlled closed and totally automated processes.

(7)  The CSTEE has confirmed the adverse health effects of chromium VI in cement.

(8)  Individual protection measures are necessary, but not sufficient to prevent skin contact with cement. Moreover, according to the hierarchy of protection provisions contained in Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (9), the employer is to ensure as a priority that the level of exposure is reduced to as low a level as possible when substitution is impossible, and apply individual protection measures only where exposure cannot be prevented by other means.

(9)  In order to protect human health, it therefore appears necessary to restrict the placing on the market and the use of cement. In particular, the placing on the market and the use of cement or cement preparations containing more than 2 ppm chromium VI should be restricted in the case of activities where there is a possibility of contact with the skin. In controlled closed and totally automated processes this is not the case, and they should therefore be exempted. Reducing agents should be used at the earliest possible stage, i.e. at the point of cement production.

(10)  In order further to protect human health, the Commission is invited to consider an amendment to Annex I to Directive 98/24/EC so as to establish a binding occupational exposure limit value for dust.

(11)  The use of chromium VI has already been prohibited by Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (10) and by Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (11). Other uses of chromium VI are being examined in the framework of a risk assessment, and the Commission is invited to propose as soon as possible the appropriate legislation to address any risks identified.

(12)  Council Directive 76/769/EEC of 27 July 1976 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 (12) should be amended accordingly.

(13)  The objective of this Directive is to introduce harmonised provisions with regard to NP, NPE and cement, thus preserving the internal market whilst ensuring a high level of protection for health and the environment, as required by Article 95 of the Treaty.

(14)  The adoption of a harmonised testing method is desirable for the application of this Directive as regards the content of chromium VI in cement but should not delay the entering into force of this Directive. Therefore, the Commission, in accordance with Article 2a of Directive 76/769/EEC, should establish such a method. The testing method should preferably be developed at European level, if appropriate by the European Committee for Standardisation (CEN).

(15)  This Directive does not affect the Community legislation laying down minimum requirements for the protection of workers, such as 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 (13), 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) (14) and Directive 98/24/EC,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1.  Annex I to Directive 76/769/EEC is hereby amended as set out in the Annex to this Directive.

2.  The validity of existing national authorisations of pesticides or biocidal products containing NPE as a co-formulant, which have been granted before the entry into force of this Directive, shall not be affected by this Directive until they expire.

Article 2

A harmonised testing method for the application of point 47, cement, of Annex I to Directive 76/769/EEC shall be adopted by the Commission in accordance with the procedure laid down in Article 2a of that Directive.

Article 3

Before … (15) Member States shall adopt and publish the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.

They shall apply these provisions from … (16)*

Where these provisions are adopted by Member States, 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 the Member States.

Article 4

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

Article 5

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX

The following points 46 and 47 shall be added to Annex I of Directive 76/769/EEC:

" 46

Nonylphenol C6H4(OH)C9H19

Nonylphenol ethoxylate (C2H4O)nC15H24O

May not be placed on the market or used as a substance or constituent of preparations in concentrations equal or higher than 0,1 % by mass for the following purposes:

(1) industrial and institutional cleaning except:

– controlled closed dry cleaning systems where the washing liquid is recycled or incinerated,

– cleaning systems with special treatment where the washing liquid is recycled or incinerated;

(2) domestic cleaning;

(3) textiles and leather processing except:

– processing with no release into waste water,

– systems with special treatment where the process water is pre-treated to remove the organic fraction completely prior to biological waste water treatment (degreasing of sheepskin);

(4) emulsifier in agricultural teat dips;

(5) metal working except:

– uses in controlled closed systems where the washing liquid is recycled or incinerated;

(6) manufacturing of pulp and paper;

(7) cosmetic products;

(8) other personal care products except:

– spermicides.

(9) co-formulants in pesticides and biocides.

Cement

Cement and cement-containing preparations may not be used or placed on the market, if they contain, when hydrated, more than 0,0002 % soluble chromium VI of the total dry weight of the cement.

If reducing agents are used, then without prejudice to the application of other Community provisions on the classification, packaging and labelling of dangerous substances and preparations, the packaging of cement or cement-containing preparations shall be legibly and indelibly marked with information on the packing date, as well as on the storage conditions and the storage period appropriate to maintaining the activity of the reducing agent and to keeping the content of soluble chromium VI below the limit indicated in paragraph 1.

By way of derogation, paragraphs 1 and 2 shall not apply to the placing on the market for, and use in, controlled closed and totally automated processes in which cement and cement-containing preparations are handled solely by machines and in which there is no possibility of contact with the skin.

(1) OJ not yet published.
(2) OJ C .
(3) OJ C .
(4) Position of the European Parliament of 27 March 2003 (not yet published in the Official Journal) and Council Decision of ....
(5) OJ L 84, 5.4.1993, p. 1.
(6) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).
(7) OJ L 319, 4.12.2001, p. 30.
(8) OJ L 181, 4.7.1986, p. 6. Directive as last amended by the 1994 Act of Accession.
(9) OJ L 131, 5.5.1998, p. 11.
(10) OJ L 269, 21.10.2000, p. 34. Directive as amended by Commission Decision 2002/525/EC (OJ L 170, 29.6.2002, p. 81).
(11) OJ L 37, 13.2.2003, p. 19.
(12) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Directive 2003/11/EC of the European Parliament and of the Council (OJ L 42, 15.2.2003, p. 45).
(13) OJ L 183, 29.6.1989, p. 1.
(14) OJ L 196, 26.7.1990, p. 1. Directive as last amended by Directive 1999/38/EC (OJ L 138, 1.6.1999, p. 66).
(15)* 1 year after the entry into force of this Directive.
(16)** 18 months after the entry into force of this Directive.


Combating HIV/AIDS, malaria and tuberculosis in developing countries ***I
PDF 334kWORD 180k
Resolution
Consolidated text
Annex
Annex
European Parliament legislative resolution on the proposal for a European Parliament and Council decision on Community participation in a research and development programme aimed at developing new clinical interventions to combat HIV/AIDS, malaria and tuberculosis through a long-term partnership between Europe and the developing countries, undertaken by a number of Member States and Norway (COM(2002) 474 – C5-0392/2002 – 2002/0211(COD))
P5_TA(2003)0123A5-0027/2003

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 474)(1),

–   having regard to Article 251(2) and Articles 169 and 172 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0392/2002),

–   having regard to Rules 67 and 162a of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinions of the Committee on Budgets, the Committee on Development and Cooperation and the Committee on Women's Rights and Equal Opportunities (A5-0027/2003),

1.  Considers that the financial statement of the Commission proposal is compatible with the ceiling of heading 3 of the financial perspective without restricting other policies;

2.  Approves the Commission proposal as amended;

3.  Asks for the matter to be referred to it again, should the Commission intend to amend its proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 27 March 2003 with a view to the adoption of European Parliament and Council Decision No .../2003/EC on Community participation in a research and development programme aimed at developing new clinical interventions to combat HIV/AIDS, malaria and tuberculosis through a long term partnership between Europe and the developing countries, undertaken by several Member States

P5_TC1-COD(2002)0211


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 169 and 172, second paragraph, 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)  Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006)(5) (hereafter referred to as "the sixth framework programme") provides for Community participation in research and development programmes undertaken jointly by several Member States, including participation in the structures created for the execution of those programmes, within the meaning of Article 169 of the Treaty.

(2)  On 30 May 2001, the Commission presented a communication entitled "The Framework Programme and the European Research Area: application of Article 169 and the networking of national programmes"(6).

(3)  The Council, in its Resolutions of 10 November 2000 and 14 May 2001, and the European Parliament, in its Resolution of 4 October 2001(7), underlined the gravity of the HIV/AIDS, malaria and tuberculosis epidemics and the need to step up efforts to increase aid at national, regional and world level, and endorsed the Programme for Action: accelerated action on HIV/AIDS, malaria and tuberculosis in the context of poverty reduction.

(4)  In its conclusions of 30 October 2001, the Council (Research) called on Member States to select specific areas for pilot programmes, for which Community participation in research and development programmes undertaken at the initiative of several Member States within the meaning of Article 169 of the Treaty would be appropriate, if necessary in close collaboration with the Commission.

(5)  In connection with its communications to the Council and the European Parliament of 20 September 2000(8) and 21 February 2001(9) the Commission has presented an action programme aimed at combating the global problem of HIV/AIDS, malaria and tuberculosis and identifying various strategies to be implemented. This action programme has various closely linked and interdependent parts: promoting prevention, encouraging treatment and making essential medicinal products more affordable, and stepping up research and development. The research and development part is aimed, among other things, at developing, in coordination with the application of this Decision, new clinical interventions to combat the three diseases through a long term partnership between Europe and the developing countries. In the design of clinical trials for new interventions against HIV/AIDS, malaria and tuberculosis, coexisting infections should be taken into account.

(6)  In their Decision No 36/2002/EC of 19 December 2001(10), the European Parliament and the Council decided that the Community would contribute EUR 60 million for the year 2001 to the global fund to fight HIV/AIDS, tuberculosis and malaria. As the global fund does not finance research and development activities, additional funds for research and development are required.

(7)  Member States are undertaking individual research and development programmes or activities aimed at developing new clinical interventions to combat the global problem of HIV/AIDS, malaria and tuberculosis. These programmes or activities, the required funds for which have been granted, form part of long-term partnerships with developing countries.

(8)  At present, the research and development programmes or activities undertaken individually at national level are not sufficiently coordinated at European level and do not allow a coherent approach at European level for an effective research and technological development programme to combat HIV/AIDS, malaria and tuberculosis in the developing countries; nor do they make it possible to find optimal treatments suited to conditions in the developing countries.

(9)  Wishing to have a coherent approach at European level and to act effectively against HIV/AIDS, malaria and tuberculosis in developing countries, Austria, Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom (hereafter referred to as "the participating Member States") and Norway have taken the initiative, with developing countries, for setting up a research and development programme entitled "The European and Developing countries Clinical Trials Partnership" (hereafter referred to as the EDCTP Programme) in order to obtain a critical mass in terms of human and financial resources and the combination of additional expertise and resources available in various countries across Europe and the developing countries.

(10)  In the spirit of the sixth framework programme, the Community should have the right to agree the conditions for its financial contribution to the EDCTP Programme in proportion to the participation therein of other countries, in the course of its implementation, in accordance with the rules and conditions set out in this Decision.

(11)  The objective of the EDCTP Programme, for the total cost of which a target figure is estimated at EUR 600 million over a five-year period, is to accelerate the development of new clinical interventions to fight HIV/AIDS, malaria and tuberculosis in the developing countries, particularly in sub-Saharan Africa, and to improve generally the quality of research in relation to these diseases. The EDCTP Programme has been drawn up with a view to stepping up cooperation and the networking of European national programmes, accelerating clinical trials of new products, in particular medicinal products and vaccines, in the developing countries, helping to develop and strengthen capacities in those countries, including the promotion of technology transfer where appropriate, encouraging the participation of the private sector and mobilising additional funds, including funds from the private sector, to fight these diseases. Due to the nature of the Programme, a significant part of the funding would be spent in the developing countries.

(12)  A similar initiative could be launched at a later stage, including other neglected diseases which particularly affect poor people in the developing countries, provided that the Member States are conducting such programmes and that the Framework Programme has a corresponding research priority.

(13)  The participating Member States have agreed to coordinate and implement jointly activities aimed at contributing to the EDCTP Programme for a proposed period of five years. The overall value of their national participation is estimated at EUR 200 million.

(14)  Activities linked to obtaining additional funds, whether public or private, estimated at EUR 200 million, are provided for in the implementation of the EDCTP Programme.

(15)  In order to increase the impact of the EDCTP Programme, the Community should participate therein by making a financial contribution of up to EUR 200 million.

(16)  In order to increase the impact of the EDCTP Programme, the Community should aim at synergy effects with related Community initiatives in the field of improving public health in the developing countries, with a view to the latter enhancing their clinical, regulatory and community capacities necessary to play effectively their role in the EDCTP Programme.

(17)  The participating Member States have agreed on a model of governance involving a Partnership Board and a common structure to implement the EDCTP Programme. The Partnership Board will ensure a balanced participation of experts from the participating European States and from the developing countries involved in the EDCTP Programme and will define, develop and plan the strategy of the Programme to be approved by the common structure. The common structure is a legal entity which will guarantee the Community dimension in carrying out the EDCTP Programme and will be the recipient of the Community contribution.

(18)  Given that the EDCTP Programme meets the scientific objectives of the sixth framework programme and that the research field of the EDCTP Programme falls within the priority theme "Life sciences, genomics and biotechnology for health" of the sixth framework programme, the financial contribution from the Community should be taken from the budget allocated to that priority theme.

(19)  It is essential that the research activities carried out under the EDCTP Programme conform to basic ethical principles, including those reflected in Article 6 of the Treaty on the European Union and in the Charter of Fundamental Rights of the European Union, and apply the best clinical practices and follow the principles of gender mainstreaming and gender equality.

(20)  It is also essential that research activities carried out under the EDCTP Programme meet the needs of developing countries and are coherent with the global EU policy for improving health and combating poverty-related diseases in developing countries,

HAVE ADOPTED THIS DECISION:

Article 1

1.  In implementing the sixth framework programme which was adopted by Decision No 1513/2002/EC, the Community shall make a financial contribution to the research and development programme entitled "The European and Developing countries Clinical Trials Partnership" ("the EDCTP Programme") undertaken jointly by several Member States ("the participating Member States").

2.  The Community shall pay a financial contribution to the common structure amounting to a maximum of EUR 200 million for the duration of the sixth framework programme.

3.  The financial contribution from the Community shall be paid from the appropriation allocated to the priority theme "Life sciences, genomics and biotechnology for health" of the specific programme of the sixth framework programme "Integrating and strengthening the European Research Area (2002-2006)".

Article 2

The financial contribution from the Community shall be conditional upon:

   a) the execution of the activities under the EDCTP Programme described in Annex I to this decision and
   b) the implementation and coordination of the research and development programmes and activities undertaken at national level by the participating Member States;
  

and also upon:

   c) the establishment by the participating Member States, or by organisations designated by participating Member States, of a structure with legal personality (for the purposes of this Decision referred to as "the common structure"), which shall be responsible for the implementation of the EDCTP Programme, and for receiving, allocating and monitoring the financial contribution from the Community;
   d) the establishment of the governance model for the EDCTP Programme in conformity with the guidelines set out in Annex II to this decision;
   e) ensuring a high level of involvement of developing countries;
   f) ensuring a high level of scientific excellence and observance of ethical principles in accordance with the general principles of the sixth framework programme; and
   g) formulation of the provisions relating to intellectual property rights in such a way that they also aim at ensuring that the peoples of developing countries have easy and affordable access to the research results produced by activities under the EDCTP Programme and to the products directly deriving from its results.

Article 3

The arrangements for the financial participation of the Community and the rules relating to financial liability and to intellectual property rights shall be adopted jointly by means of an agreement to be concluded between the Commission and the common structure, in accordance with the financial regulation applicable to the Community budget.

Article 4

The Commission and the Court of Auditors may, through their officials or agents, carry out all the checks and inspections needed to ensure proper management of the Community funds and protect the financial interests of the Community against any fraud or irregularity. To this end, the participating Member States and/or the common structure shall make all relevant documents available to the Commission and the Court of Auditors.

Article 5

The Commission shall communicate all relevant information to the European Parliament, the Council and the Court of Auditors. The participating Member States are requested to forward, through the common structure, to the Commission any additional information required by the European Parliament, the Council and the Court of Auditors concerning the financial management of the common structure.

Article 6

This Decision shall apply to any Member State joining the common structure after its creation.

Article 7

The conditions for financial contribution of the Community in proportion to the participation, in the EDCTP Programme, of any country involved in the sixth framework programme or, where essential for carrying out the EDCTP Programme, of any other country, may be agreed by the Community on the basis of the rules set out in this Decision and in any implementing rules and arrangements.

Article 8

The annual report on the sixth framework programme presented to the European Parliament and the Council pursuant to Article 173 of the Treaty shall include a summary of the activities of the EDCTP Programme undertaken. This summary shall also be part of the regular progress report on the EC Programme for Action on HIV/AIDS, malaria and tuberculosis in the context of poverty reduction.

At the end of the five-year period, the Commission shall conduct an evaluation of the EDCTP Programme. Results of this evaluation shall be communicated to the European Parliament and the Council.

Article 9

This Decision is addressed to the Member States.

Done at ,

For the European Parliament For the Council

The President The President

ANNEX I

Description of the activities of the EDCTP Programme

In cooperation with developing countries, the participating States have drawn up a research and development programme entitled the European and Developing countries Clinical Trials Partnership (EDCTP).

There are several types of activities under the EDCTP Programme to which the Community makes a financial contribution in accordance with the procedures to be laid down in the agreement between the Commission and the common structure:

1.  Activities linked to networking and coordination:

   of European national programmes;
   of the activities carried out in the developing countries.

These activities are aimed at strengthening the two main components of the EDCTP Programme: programmes/activities in Europe on the one hand and in the developing countries on the other.

2.  RTD activities linked directly to the development of new products and the improvement of existing products against the three diseases (HIV/AIDS, malaria and tuberculosis), suited to the specific requirements of the developing countries i.e. that they are effective, easy to use and as affordable as possible:

   support for clinical trials in the developing countries, taking into account, in the design of the trials, coexisting infections and giving due consideration to sexual and reproductive health;
   strengthening of capacities in the developing countries.

3.  Activities planned to ensure the development, visibility and sustainability of the EDCTP Programme:

   activities to promote the EDCTP Programme to ensure a high profile at European or international level;
   activities linked to obtaining the necessary funds, including those from the private sector, to enable the EDCTP Programme to develop as planned, including beyond the period covered by this decision;
  

- regular reporting on the implementation of the programme with special emphasis on its public-interest value.

4.  Basic activities for the EDCTP Programme such as secretariat services and the management of information concerning clinical interventions against the three diseases.

ANNEX II

Guidelines for the model of governance of the EDCTP Programme

This model should comprise the following:

(1)  A "Partnership Board" which should define, develop and plan the implementation of strategy to be approved by the common structure. The Board should include a balanced contingent of experts from the participating European States and from the developing countries involved in the programme. It should also include representatives of the Commission and experts from the public or private structures involved in the programme and from other international programmes/organisations, such as the WHO, where appropriate.

(2)  The "common structure", set out as a European Economic Interest Grouping (EEIG) as established by Regulation (EEC) No 2137/85(11). The EDCTP EEIG will be the executive structure and manage the programme through its secretariat. It will comprise two main components:

- the "EEIG Assembly" which should be the highest authority within the EEIG, and;

- the "EEIG Secretariat" which should provide administrative support for the work of the Partnership Board and the EEIG Assembly.

(1) Not yet published in the OJ.
(2) OJ C , , p. .
(3) OJ C […], [ …], p. […].
(4) Position of the European Parliament of 27 March 2003.
(5) OJ L 232, 29.8.2002, p. 1.
(6) COM(2001) 282 final.
(7) OJ C 87 E, 11.4.2002, p. 244.
(8) COM(2000) 585 final.
(9) COM(2001) 96 final.
(10) OJ L 7, 11.1.2002, p. 1.
(11) Council Regulation (EEC) No 2137/85 of 25 July 1985 on the European Economic Interest Grouping (EEIG) (OJ L 199, 31.7.1985, p. 1.)


Removal of sharks' fins on board vessels *
PDF 218kWORD 42k
European Parliament legislative resolution on the proposal for a Council regulation on the removal of fins of sharks on board vessels (COM(2002) 449 – C5&nbhy;0411/2002 – 2002/0198(CNS))
P5_TA(2003)0124A5-0043/2003

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 449)(1),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5&nbhy;0411/2002),

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

–   having regard to the report of the Committee on Fisheries and the opinion of the Committee on the Environment, Public Health and Consumer Policy (A5&nbhy;0043/2003),

1.  Approves the Commission proposal as amended;

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

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

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

Text proposed by the Commission   Amendments by Parliament
Amendment 2
Recital 1a (new)
(1a) Sharks are important components of healthy marine ecosystems.
Amendments 3 and 17
Recital 2
(2)  Fish belonging to the taxon Elasmobranchii, which includes sharks, skates, rays and similar species are generally very vulnerable to exploitation due to their life-cycle characteristics. Most of these species are often caught as by-catch in Community fishing activities directed to other more valuable species.
(2)  Fish belonging to the taxon Elasmobranchii, which includes sharks, skates and rays, are generally very vulnerable to exploitation due to their life-cycle characteristics.
Amendment 1
Recital 3a (new)
(3a) The European Parliament requested, in paragraph 41 of its resolution of 17 January 2002 on the Commission Green Paper on the future of the common fisheries policy1, that measures be taken in this area.
_________
1 OJ C 271 E, 7.11.2002, p. 401.
Amendment 6
Recital 6
(6)  Measures to restrict or prevent the further development of the practice of shark finning are urgently required, and the removal of shark fins on board vessels should therefore be prohibited. In view of the practical difficulties involved in the identification of species based on removed fins, this prohibition should apply to all Elasmobranchs, except for the removal of ray wings.
(6)  Measures to restrict or prevent the further development of the practice of shark finning are urgently required, and the removal of shark fins on board vessels should therefore be prohibited. In view of the practical difficulties involved in the identification of species based on removed fins, this prohibition should apply to all shark species.
Amendment 7
Recital 9
(9)  The problems resulting from the practice of shark finning extend well beyond Community waters. It is appropriate that the Community shows equal commitment towards stock conservation in all maritime waters. This Regulation should therefore be applicable to all Community vessels.
(9)  The problems resulting from the practice of shark finning extend well beyond Community waters. It is appropriate that the Community shows equal commitment towards stock conservation in all maritime waters. This Regulation should therefore be applicable to all Community vessels and, within the framework of the regional fisheries organisations in which the Community participates, the Community's representatives should encourage the wider application of the substance of this Regulation to those third countries that have not already taken similar measures.
Amendment 22
Recital 9a (new)
(9a) The Commission should develop by 31 December 2003 a comprehensive action plan for the conservation and sustainable exploitation of elasmobranchs, in line with the FAO Code of conduct for Responsible Fisheries and the FAO international plan of action for the conservation and management of sharks.
Amendment 8
Article 1, point 1a (new)
This Regulation shall be incorporated into fishing agreements between Member States and third countries.
Amendment 9
Article 2, point 2
(2) "shark" means any fish of the taxon Elasmobranchi;
(2) "shark" means any fish of the taxon shark species;
Amendment 23
Article 2, point 3a (new)
(3a) "Finning" means the removal of a shark's fins and the discarding of the body at sea.
Amendment 10
Article 3, paragraph 1
1.  It shall be prohibited to remove shark fins on board vessels, or to retain on board, tranship or land shark fins.
1.  It shall be prohibited to remove shark fins on board vessels, or to retain on board, tranship or land shark fins, if the remainder of the carcass has been discarded.
Amendment 11
Article 4, paragraph 1
1.  By way of derogation from Article 3(1), and subject to paragraphs 2, 3, and 4, vessels which hold a valid special fishing permit may be allowed to remove shark fins on board and to retain on board, tranship or land shark fins.
1.  Subject to paragraphs 2, 3, and 4, vessels which hold a valid special fishing permit may be allowed to remove shark fins on board and to retain on board, tranship or land shark fins.
Amendment 25
Article 4, paragraph 2
2.  Such a special fishing permit shall only be issued to fishing vessels, which have demonstrated a capacity to use all parts of sharks, and have justified the need for the separate processing on board of shark fins and the remaining parts of sharks.
2.  Such a special fishing permit shall only be issued to fishing vessels, which have:
(a) demonstrated a capacity to use all parts of sharks,
(b) proved that they have the facilities to undertake separate processing on board of shark fins and the remaining parts of sharks, and
(c) shown that they employ a traceability system approved by the Member State concerned in order to ensure that the component parts of each individual shark can be identified.
Amendment 12
Article 4, paragraph 3
3.  Vessels which hold a valid special fishing permit shall be prohibited from discarding at sea the remaining parts of sharks after evisceration and removal of the shark fins. The removed shark fins shall be retained on board, landed or transhipped together with the corresponding weight of remaining parts of sharks.
3.  Vessels which hold a valid special fishing permit shall be prohibited from discarding at sea the remaining parts of sharks after evisceration, removal of the heads and removal of the shark fins. The removed shark fins shall be retained on board, landed or transhipped together with the corresponding weight of remaining parts of sharks or shall be accompanied by the document attesting to the marketing of each part, as appropriate.
Amendment 13
Article 4, paragraph 4
4.  All shark fins and remaining parts of sharks on board a vessel shall be transhipped or landed at the same time.
4.  All shark fins and remaining parts of sharks on board a vessel shall be transhipped or landed either at the same time or separately at different ports.
Amendment 14
Article 5, paragraph 1
1.  For the purposes of the application of Article 4(3), the weight of the shark fins shall not exceed 5 % of the total weight of the remaining parts of sharks, after evisceration.
1.  For the purposes of the application of Article 4(3), the weight of the shark fins shall not exceed 5 % of the live weight, except for the blue dog (prionace glauca), in which case it shall not exceed 6%.
Amendment 15
Article 5, paragraph 2, subparagraph 1
2.  Masters of vessels which hold a valid special fishing permit shall keep records of the weight of shark fins and the eviscerated remaining parts of sharks retained on board and transhipped or landed.
2.  In addition to the traceability requirements of Article 4(2), masters of vessels which hold a valid special fishing permit shall keep records of the weight of shark fins and the eviscerated remaining parts of sharks retained on board and transhipped or landed.
Amendment 29
Article 5a (new)
Article 5a
Records of retained and discarded sharks
All vessels shall keep logbook records detailing, species by species, weights of sharks retained on board, transhipped, landed, or discarded as bycatch.
Amendment 16
Article 5b (new)
Article 5b
Review and reporting
The provisions of this Regulation shall be reviewed on the basis of improved catch data and inspection reports. Subsequently, a report shall be presented to the European Parliament and the Member States at the latest two years after the entry into force of the Regulation.

(1) OJ C 331 E, 31.12.2002, p. 121.


Staff Regulations *
PDF 497kWORD 96k
Proposal for a Council regulation amending the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities (COM(2002) 213 – C5&nbhy;0262/2002 – 2002/0100(CNS))
P5_TA(2003)0125A5-0069/2003

The proposal was amended as follows(1):

Text proposed by the Commission   Amendments by Parliament
Amendment 1
RECITALS (1a) (new) and (1b) (new)
(1a) Amendments to the current Staff Regulations and Conditions of Employment involve a transitional period for which it is necessary to guarantee rapid and transparent mechanisms for transition to the new regime, while retaining the already established rights of civil servants.
(1b) Since the new career system involves a regrading of civil servants, it will be necessary to undertake a global revision of job descriptions, as well as of jobs and professions, within the Community institutions.
Amendment 2
RECITAL 2a (new)
(2a) The current system of applying a weighting to pensions depending on the pensioner's place of residence:
(a) runs counter to the principle of equality, since all officials pay the same contributions and there must be equal pensions for equal contributions,
(b) runs counter to the principle of freedom of establishment, which would suffer if pensions varied according to place of residence, and
(c) is increasingly expensive owing to the greater level of bureaucracy required to calculate pensions and verify genuine places of residence in order to avoid fraud,
Amendment 3
RECITAL 2b (new)
(2b) Therefore, any weighting for pensions based on the pensioner's place of residence ought to be eliminated as an alternative to introducing a new weighting exclusively for pensioners involving a considerable decrease in pension levels,
Amendment 4
RECITAL 2c (new)
(2c) The inclusion of the "method" for the adjustment of salaries, the system of promotion programming under Article 6(2) and the pensions scheme offset fairly and reasonably the reduced number of advancements to a higher step and the rationalisation of the allowances system, and, as such, ought to be considered as forming an integral part of the reform package,
Amendment 5
RECITAL 2d (new)
(2d) An overall package that is fair in its approach to remuneration and pensions is vital to ensuring that the best candidates seek employment in an independent and permanent European civil service,
Amendment 6
RECITAL 2e (new)
(2e) Officials should act impartially and in accordance with the principle of equal treatment, in particular where they are required to take decisions involving discretionary powers,
Amendment 7
ANNEX I, POINT 3
Article 1b (Staff Regulations of Officials of the European Communities)
Save as otherwise provided in these Staff Regulations,
Save as otherwise provided in these Staff Regulations,
- the Economic and Social Committee,
- the European Economic and Social Committee,
- the Committee of the Regions,
- the Committee of the Regions,
- the European Ombudsman,
- the European Ombudsman,
- the European Data Protection Supervisor and
- the European Data Protection Supervisor and
- those Community bodies to which these Staff Regulations apply under the Community acts establishing them (hereinafter "agencies")
shall, for the purposes of these Staff Regulations, be treated as institutions of the Communities."
- those Community bodies to which these Staff Regulations apply under the Community acts establishing them (hereinafter "agencies")
shall, for the purposes of these Staff Regulations, be treated as institutions of the Communities.
The European Communities Personnel Selection Office shall be involved in their selection procedures in order to ensure that uniform standards are applied thereto, especially in the case of agencies.
Amendment 8
ANNEX I, POINT 3
Article 1b, paragraph 2a (new) (Staff Regulations of Officials of the European Communities)
At the request of the institutions, the European Communities Personnel Selection Office may be called upon to lend the technical assistance required to organise internal competitions.
Amendment 9
ANNEX I, POINT 3
Article 1b, paragraph 2b (new) (Staff Regulations of Officials of the European Communities)
In order to ensure the application of the same standards as for the selection of permanent staff, the European Communities Personnel Selection Office may be involved in selection procedures organised for the recruitment of temporary staff, engaged in accordance with Article 2(c) of the Conditions of Employment of other servants of the European Communities, to assist a political group in the European Parliament.
Amendment 10
ANNEX I, POINT 5, POINT (a)
Article 1d, paragraph 1, subparagraph 1 (Staff Regulations of Officials of the European Communities)
1.  In the application of these Staff Regulations, any discrimination shall be prohibited, in particular that based on gender, race, colour, ethnic or social origin, genetic features, language, religion, convictions, political opinions or any other opinions, membership of a national minority, wealth, birth, age, disability or sexual orientation.
1.  In the application of these Staff Regulations, any discrimination based on any grounds such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.
Amendment 11
ANNEX I, POINT 7, POINT (c)
Article 2, paragraph 2 (Staff Regulations of Officials of the European Communities)
2.  However, one or more institutions may entrust to any one of them or to an inter-institutional body the exercise of some or all of the powers conferred on the Appointing Authority.
2.  However, one or more institutions may entrust to any one of them or to an inter-institutional body the exercise of some of the powers conferred on the Appointing Authority; nevertheless, decisions relating to appointments, promotions, grading, transfers or disciplinary measures in respect of the officials or other servants of each institution may not be entrusted to another institution or to an inter-institutional body.
Amendment 12
ANNEX I, POINT 8
Article 5, paragraph 2a (new) (Staff Regulations of Officials of the European Communities)
2a. By way of derogation from paragraphs 1 and 2 and after consulting the Staff Regulations Committee, individual institutions with a specific need may create a function group ADL, comprising ten grades, corresponding to linguistic duties (translation and interpreting duties).
Amendment 13
ANNEX I, POINT 8
Article 5, paragraph 2b (new) (Staff Regulations of Officials of the European Communities)
2b. By way of derogation from paragraphs 1 and 2 and after consulting the Staff Regulations Committee, basic posts in career bracket AST 1 to AST 3 shall be created for specific duties as defined by each institution.
Amendment 14
ANNEX I, POINT 8
Article 5, paragraph 3 (Staff Regulations of Officials of the European Communities)
3.  Appointment shall require at least
(a) in function group AST
- a post-secondary education diploma or
- an advanced level of secondary education and appropriate professional experience of at least three years, or
- equivalent professional experience.
3.  Appointment shall require at least:
(a) in function group AST:
- a post-secondary education diploma or
- an advanced level of secondary education and appropriate professional experience of at least three years.
(b) in function group AD
- a university degree awarded after a course of at least three years and appropriate professional experience of at least one year or a further year of university studies beyond the third year or
- equivalent professional experience.
(b) in function groups AD and ADL:
- a university degree awarded after a course of at least three years and appropriate professional experience of at least one year or a further year of university studies beyond the third year.
Amendment 15
ANNEX I, POINT 8
Article 5, paragraph 3, point (ba) (new) (Staff Regulations of Officials of the European Communities)
(ba) in the case of the duties defined in paragraph 2b:
- a secondary education diploma, or
- equivalent professional experience.
Amendment 16
ANNEX I, POINT 10, POINT (-a) (new)
Article 9, paragraph 1, point (-a) (new) (Staff Regulations of Officials of the European Communities)
(-a) In paragraph 1, a new point (-a) is inserted before point (a):
"(-a) for each appointing authority:
- a Staff Committee, which may be organised in sections for the different places of employment; "
Amendment 63
ANNEX I, POINT 15
Article 12a (Staff Regulations of Officials of the European Communities)
1.  Officials shall refrain from any form of psychlogical or sexual harassment.
1.  Officials shall refrain from any form of harassment as described in the following paragraphs.
2. "Psychological harassment" means any improper conduct that takes place over a period, is repititive or systematic and involves physical behaviour, spoken or written language, gestures or other acts that are intentional and that may undermine the personality, dignity or physical or psychological integrity of any person.
2. "Psychological harassment": any improper conduct that takes place over a period, is repititive or systematic and involves physical behaviour, spoken or written language, gestures or other acts that are intentional and that may undermine the personality, dignity or physical or psychological integrity of any person.
3. "Sexual harassment" means conduct relating to sex which is unwanted by the person to whom it is directed and which has the purpose or effect of offending that person or creating an intimidating, hostile, offensive or disturbing environment. Sexual harassment shall be treated as discrimination based on gender, as referred to in Article 1d(1).
3. "Harassment based on gender": where an unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment.
3a. "Sexual harassment": where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.
3b. Harassment based on gender and sexual harassment shall be treated as discrimination based on gender, as referred to in Article 1d(1), and therefore prohibited.
A person's rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that person. An instruction to discriminate against persons based on gender shall be treated as discrimination.
Amendment 18
ANNEX I, POINT 18
Article 15, paragraph 2a (new) (Staff Regulations of Officials of the European Communities)
2a. An official granted leave on personal grounds for this purpose shall retain his rights to advancement to a higher step during his period of leave on personal grounds.
Amendment 19
ANNEX I, POINT 21
Article 17a (Staff Regulations of Officials of the European Communities)
Without prejudice to Articles 12 and 17, an official who intends to publish or cause to be published, whether alone or with others, any matter dealing with the work of the Communities shall notify the Appointing Authority in writing in advance. The Appointing Authority may refuse permission only where it is able to demonstrate with full reasons that the matter is liable seriously to prejudice the interests of the Communities. The Appointing Authority shall notify the official of its decision within 30 working days. If no decision is notified within the specified period, authorisation shall be deemed to have been granted.
Without prejudice to Articles 12 and 17, an official who intends to publish or cause to be published, whether alone or with others, any matter dealing with the work of the Communities shall inform the Appointing Authority in writing in advance.
Amendment 20
ANNEX I, POINT 26
Article 22c (Staff Regulations of Officials of the European Communities)
The protection provided under Articles 22b is without prejudice to any personal liability which the official making the disclosure may incur under the relevant national provisions."
The protection provided under Articles 22a and 22b is without prejudice to any personal liability which the official making the disclosure may incur under applicable national criminal law or the law governing non-contractual liability (delict/tort). Where appropriate, the institutions may decide to pay compensation for pecuniary and/or non-pecuniary loss suffered by an official who has been the subject of wilful false accusations.
In any event, disciplinary proceedings shall be brought where information is communicated or disclosed within the meaning of Articles 22a and/or 22b for a malicious purpose.
Amendment 21
ANNEX I, POINT 28
Article 24a (Staff Regulations of Officials of the European Communities)
28.  The third and fourth paragraphs of Article 24 become paragraph 24a.
28.  The third and fourth paragraphs of Article 24 become paragraph 24a, which is replaced by the following:
"The Communities shall make efforts to ensure such further training and instruction for officials as is compatible with the proper functioning of the service and is in accordance with their own interests.
Such training and instruction may be taken into account for purposes of promotion in their careers."
Amendment 22
ANNEX I, POINT 30
Article 25, paragraph 3 (Staff Regulations of Officials of the European Communities)
30.  In the third paragraph of Article 25, "shall at once be posted in the premises of the institution to which the official belongs and shall be published in the Monthly Staff Bulletin of the Communities" is replaced by "shall be brought to the attention of the staff in the institution to which the official belongs."
30.  In the third paragraph of Article 25, "shall at once be posted in the premises of the institution to which the official belongs and shall be published in the Monthly Staff Bulletin of the Communities" is replaced by "shall be brought to the attention of the staff in the institution to which the official belongs and shall be published in the Monthly Staff Bulletin of the Communities."
Amendment 23
ANNEX I, POINT 31, POINT (b)
Article 26, paragraph 4 (Staff Regulations of Officials of the European Communities)
(b)  In the fourth paragraph the following is inserted after "religious views':
(b)  In the fourth paragraph the following is inserted after "religious views':
"or to his racial or ethnic origin or sexual orientation unless provided or approved by the official himself."
"or to his racial or ethnic origin or sexual orientation."
Amendment 24
ANNEX I, POINT 31, POINT (c)
Article 26, paragraph 6 (Staff Regulations of Officials of the European Communities)
(c)  In the sixth paragraph "and to take copies of them if necessary" is inserted after "file".
(c)  In the sixth paragraph "and to take copies of them" is inserted after "file".
Amendment 25
ANNEX I, POINT 34, POINT (aa) (new)
Article 29, paragraph 1a (new) (Staff Regulation of Officials of the European Communities)
(aa)  The following paragraph 1a is inserted:
"1a. By way of derogation from paragraph 1(a)(i) the Appointing Authority shall, and by way of derogation from paragraph 1(b) the Appointing Authority may, consider the possibility of filling a vacant post by appointing as officials temporary servants engaged in accordance with Article 2(c) of the Conditions of Employment of other servants of the European Communities to assist a political group in the European Parliament, the European Economic and Social Committee or the Committee of the Regions, provided that they have passed a selection procedure in accordance with Article 1b(2b), of the Staff Regulations of officials of the European Communities and have been in service as such temporary servants for more than seven years."
Amendment 26
ANNEX I, POINT 35
Article 31, paragraph 2 (Staff Regulations of Officials of the European Communities)
2.  Without prejudice to Article 29(2), officials shall be recruited only at grades AST 1 to AST 4 or AD 5 to AD 8.
2.  Without prejudice to Article 29(2), officials shall be recruited only at grades AST 1 to AST 4 or AD 5 to AD 8. By way of exception, officials may be recruited in duly reasoned circumstances at up to grade AD 11 provided that they can show commensurate professional experience. Recruitment at these grades may not exceed the limit of 5% of the posts becoming vacant or newly created.
Amendment 27
ANNEX I, POINT 42, POINTS (b) and (ba) (new)
Article 41, paragraph 3, subparagraphs 6 and 7 (Staff Regulations of Officials of the European Communities)
(b)  In the sixth subparagraph, "for pensions" is inserted after "at the rate fixed".
(b)  In the sixth subparagraph, after the words "weighted at", the text is amended as follows: "a rate equal to 100, regardless of whether the recipient establishes his residence in a country inside or outside the Communities".
(ba)  The seventh subparagraph is deleted.
Amendment 28
ANNEX I, POINT 45
Article 44, paragraph 1a (Staff Regulations of Officials of the European Communities)
If an official is appointed head of unit, director or director-general in the same grade, he shall benefit from advancement by one step in that grade at the time the appointment comes into effect. This advancement shall lead to an increase in his basic monthly salary corresponding to the percentage between the first and the second step in each grade. If the increase is less or if the official at that time is already in the last step of his grade, he shall receive an increase in basic salary ensuring such increase until his next promotion comes into effect.
If an official is appointed head of unit, head of division, authorising officer, director or director-general in the same grade, he shall benefit from advancement by one step in that grade at the time the appointment comes into effect. This advancement shall lead to an increase in his basic monthly salary corresponding to the percentage between the first and the second step in each grade. If the increase is less or if the official at that time is already in the last step of his grade, he shall receive an increase in basic salary ensuring such increase until his next promotion comes into effect.
Amendment 29
ANNEX I, POINT 46
Article 45a, paragraph 1 (Staff Regulations of Officials of the European Communities)
1.  From grade 5, an official in function group AST may be transferred to function group AD within the meaning of Article 29 on condition, in particular, that he has successfully completed a set of training modules at a higher level which ensure that he has reached a level equivalent to that required under Article 5(3). The institutions shall adopt general implementing provisions for these arrangements, and in particular for training and transfer. Such provisions shall take account of career development.
1.  From grade 5, an official in function group AST may be transferred to function group AD within the meaning of Article 29 on condition, in particular, that he has successfully completed a set of training modules at a higher level which ensure that he has reached a level equivalent to that required under Article 5(3)(b). The institutions shall adopt general implementing provisions for these arrangements, and in particular for training and transfer. Such provisions shall take account of career development.
Amendment 30
ANNEX I, POINT 46
Article 45a, paragraph 2a (new) (Staff Regulations of Officials of the European Communities)
(2a) The European Communities Personnel Selection Office shall determine the conditions for implementing paragraph 1, in particular as regards the requirement for university level education.
Amendment 33
ANNEX I, POINT 61
Article 59, paragraph 1, subparagraph 2a (new) (Staff Regulations of Officials of the European Communities)
If the finding made in the examination is that the official is fit to work, his absence shall be regarded as unjustified from the date of the examination.
Amendment 34
ANNEX I, POINT 61
Article 59, paragraph 2, subparagraph 1a (new) (Staff Regulations of Officials of the European Communities)
If the independent doctor's opinion finds that the official is fit to resume work, his absence shall be considered to be unjustified from the date of that opinion. In the absence of such opinion, his absence shall be considered to be unjustified as from the thirteenth day of absence because of sickness without a medical certificate.
Amendment 35
ANNEX I, POINT 61
Article 59, paragraph 3, subparagraph 1a (new) (Staff Regulations of Officials of the European Communities)
Without prejudice to the possible application of the disciplinary provisions, any absence considered to be unjustified under paragraphs 1, 2 and 3 shall be deducted from the annual leave of the official concerned. In the event that the official has no outstanding leave entitlement, the official shall lose the benefit of his remuneration for the corresponding period.
Amendment 36
ANNEX I, POINT 75, POINT (a), POINTS (i) and (ia) (new)
Article 82, paragraph 1, subparagraphs 2 and 3 (Staff Regulations of Officials of the European Communities)
i.  The second subparagraph is amended as follows:
i.  The second subparagraph is replaced by the following:
- "They" is replaced by "Pensions".
"The weighting shall be equal to 100, regardless of the country in which the person entitled to a pension has his residence."
- "for pensions" is inserted between "rate" and "fixed for the country".
- "has his residence" is replaced by "has established his main residence".
-  The following sentence is added: "This rate shall be determined in accordance with the arrangements laid down in Annex XI."
ia.  The third subparagraph is deleted.
Amendment 37
ANNEX I, POINT 89
Annex I, Point A (Staff Regulations of Officials of the European Communities)

A.  Types of posts in each function group, as provided for in Article 5(3)

Text proposed by the Commission

Function group AD

Function group AST

Director-General

AD 16

Director/Director-General

AD 15

Administrator/

Research Administrator/Linguistic Administrator/ Head of Unit/ Director

AD 14

Administrator/

Research Administrator/Linguistic Administrator/ Head of Unit

AD 13

"

AD 12

"

AD 11

AST 11

Assistant/

Research Assistant/

"

AD 10

AST 10

"

"

AD 9

AST 9

"

Administrator/

Research Administrator/Linguistic Administrator

AD 8

AST 8

"

"

AD 7

AST 7

"

"

AD 6

AST 6

"

"

AD 5

AST 5

"

AST 4

"

AST 3

"

AST 2

"

AST 1

"

Amendment by Parliament

A.  Types of posts in each function group, as provided for in Article 5(3)

Function groups AD and ADL

Function group AST

Director-General

AD 16

Director/Director-General

AD 15

Principal Administrator/

Principal Research Administrator/Principal Linguistic Administrator/ Head of Unit/ Head of Division/ Authorising Officer/ Director

AD/ADL 14

Principal Administrator/

Principal Research Administrator/Principal Translator/ Principal Interpreter/ Head of Unit/Head of Division/ Head of Language Division/Authorising Officer/

AD/ADL 13

"

AD/ADL 12

"

AD/ADL 11

AST 11

Principal Assistant/

Principal Research Assistant/

Head of Unit/

Administrator/

Research Administrator/

Translator/Interpreter

AD/ADL 10

AST 10

"

"

AD/ADL 9

AST 9

"

Assistant Administrator/

Assistant Research Administrator /Assistant Translator/ Assistant Interpreter

AD/ADL 8

AST 8

Assistant/Research Assistant

ADADL 7

AST 7

"

AD/ADL 6

AST 6

"

"

AD/ADL 5

AST 5

"

AST 4

"

AST 3

Junior Assistant /Junior Research Assistant

AST 2

"

AST 1

"

Amendment 38
ANNEX I, POINT 90, POINT (g)
Annex II, Section 6
Article 12, paragraph 1 (Staff Regulations of Officials of the European Communities)
The Joint Advisory Committee for professional incompetence shall comprise a chairman and at least two members, who shall be officials of grade AD 14 at least. Half of the members shall be designated by the Staff Committee and half by the Appointing Authority. The chairman shall be appointed by the Appointing Authority from a list of candidates drawn up in concertation with the Staff Committee.
The Joint Advisory Committee for professional incompetence shall comprise a chairman and at least two members, who shall be officials of grade AD 14 at least. They shall be appointed for a period of three years. Half of the members shall be designated by the Staff Committee and half by the Appointing Authority. The chairman shall be appointed by the Appointing Authority from a list of candidates drawn up in concertation with the Staff Committee.
Amendment 39
ANNEX I, POINT 96, POINT (a), POINT (iii)
Annex VII, Article 1, paragraph 2, point (c) (Staff Regulations of Officials of the European Communities)
"(c) an official who is registered as a stable non-marital partner, provided that:
(c) an official who is engaged in a non-marital partnership recognised by the employing institution; the institution shall recognise such a partnership if the couple produces a formal document or registration of a Member State attesting to their partnership or, in the absence of such document or registration, establishes to the satisfaction of the employing institution that they have formed a household for at least two years;
- the couple produces a legal document recognised as such by a Member State acknowledging their status as non-marital partners,
- neither partner is in a marital relationship or in another non-marital partnership,
- the partners are not related in any of the following ways: parent, child, grandparent, grandchild, brother, sister, aunt, uncle, nephew, niece, father-in-law, son-in-law, daughter-in-law;
- the couple has no access to legal marriage in a Member State; a couple shall be considered to have access to legal marriage for the purposes of this indent only where the members of the couple meet all the conditions laid down by the legislation of a Member State permitting marriage of such a couple;
Amendment 40
ANNEX 1, POINT 96, POINT (l)
Annex VII, Article 13, paragraph 1, subparagraph 1a (new) (Staff Regulations of Officials of the European Communities)
The daily allowance shall be adapted once a year on the basis of the HORECA coefficient published by the Statistical Office of the European Communities.
Amendment 41
ANNEX I, POINT 97, POINT (h), points (i) and (ii)
Annex VIII, Article 11, paragraph 2 (Staff Regulations of Officials of the European Communities)
i.  In the first subparagraph,
"shall be entitled upon establishment to have paid to the Communities either the actuarial equivalent or the flat-rate redemption value of retirement pension rights acquired by virtue of such services or activities."
is replaced by:
"shall be entitled, after establishment but before becoming eligible for payment of a retirement pension, to have paid to the Communities the capital value updated to the date of the actual transfer of pension rights acquired by virtue of such service or activities."
i.  In the first subparagraph,
"shall be entitled upon establishment to have paid to the Communities either the actuarial equivalent or the flat-rate redemption value of retirement pension rights acquired by virtue of such services or activities."
is replaced by:
"shall be entitled, on becoming eligible for payment of a retirement pension, to have paid to the Communities the capital value updated to the date of the actual transfer of pension rights acquired by virtue of such service or activities."
ii.  The second subparagraph is amended as follows:
"by means of general implementing provisions" is inserted after "determine".
- "taking into account his grade on establishment" is replaced by "taking into account the official's basic salary and age at the date of application for a transfer,";
ii.  The second subparagraph is amended as follows:
"by means of general implementing provisions" is inserted after "determine".
- "taking into account his grade on establishment" is replaced by "taking into account the grade on recruitment as a member of the temporary staff or as an official, the basic salary corresponding to that grade at the date of the application for a transfer and his age at the date of application for a transfer,";
- "under its own pension scheme" is replaced by "under the Community pension scheme";
- "under its own pension scheme" is replaced by "under the Community pension scheme";
- "on the basis of the amount of the actuarial equivalent or sums repaid as aforesaid."
- "on the basis of the amount of the actuarial equivalent or sums repaid as aforesaid."
is replaced by:
"on the basis of the capital transferred, after deducting an amount representing capital appreciation between the date of the application for a transfer and the actual date of the transfer."
is replaced by:
"on the basis of the capital transferred, after deducting an amount representing capital appreciation between the date of the application for a transfer and the actual date of the transfer."
Amendment 42
ANNEX I, POINT 98
Annex IX, Section 1, Article 2, paragraph 2 (Staff Regulations of Officials of the European Communities)
2.  Subject to the protection of the legitimate interests of third parties, the Appointing Authority shall inform the person concerned when the investigation ends, and shall communicate to him, on request, the conclusions of the investigation report and all documents directly related to the allegations made against him.
2.  Subject to the protection of the legitimate interests of third parties, the Appointing Authority shall inform the person concerned when the investigation ends, and shall communicate to him the conclusions of the investigation report and, on request, all documents directly related to the allegations made against him.
Amendment 43
ANNEX I, POINT 98
Annex IX, Section 2, Article 4, paragraph 1 (Staff Regulations of Officials of the European Communities)
1.  A Disciplinary Board, hereinafter referred to as "the Board", shall be established in each institution.
1.  A Disciplinary Board, hereinafter referred to as "the Board", shall be established in each institution. When setting up the Board, the institution shall take care to ensure that it includes an external element to provide every guarantee of independence.
Amendment 44
ANNEX I, POINT 98
Annex IX, Section 5, Article 14, paragraph 1 (Staff Regulations of Officials of the European Communities)
1.  The official accused shall be heard by the Disciplinary Board; at the hearing, he may submit observations in writing or orally, whether in person or through a representative. He may call witnesses.
1.  The official accused shall be heard by the Disciplinary Board; at the hearing, he may submit observations in writing or orally, whether in person or through a representative. He may call witnesses. When an investigation by the European Anti-Fraud Office (OLAF) has revealed the personal involvement of the official concerned, the Board may hear evidence from the OLAF investigators.
Amendment 45
ANNEX I, POINT 100
Annex XI, Chapter 1, Section 1, Article 1, paragraph 3, point (a), indent 2 (Staff Regulations of Officials of the European Communities)
- of the pensions of officials paid in the Member States with reference to Belgium.
Deleted
Amendment 46
ANNEX I, POINT 100
Annex XI, Chapter 1, Section 2, Article 3, paragraph 5, subparagraph 1 (Staff Regulations of Officials of the European Communities)
5.  The correction coefficients for both Belgium and Luxembourg shall be fixed at 100.
Deleted
Amendment 47
ANNEX I, POINT 100
Annex XI, Chapter 1, Section 2, Article 3, paragraph 5, subparagraph 2, indent 2 (Staff Regulations of Officials of the European Communities)
- the pensions of European Communities paid in the other Member States,
Deleted
Amendment 48
ANNEX I, POINT 102
Annex XIII, Section 2, Article 12a (new) (Staff Regulations of Officials of the European Communities)
Article 12a
The European Communities Personnel Selection Office may be asked by the Appointing Authority to validate a selection procedure for temporary servants engaged in accordance with Article 2(c) of the Conditions of Employment of other servants of the European Communities to assist a political group in the European Parliament, completed before [date of entry into force of this Regulation] as having been in conformity with the standards referred to in the third subparagraph of Article 1b(2b) of the Staff Regulations.
Amendment 49
ANNEX I, POINT 102
Annex XIII, Section 4, Article 20 (Staff Regulations of Officials of the European Communities)
Article 20
From [1 January 2004] to [31 December 2007], the second subparagraph of Article 82(1) of the Staff Regulations is replaced by the following:
"Pensions shall be adjusted by the average of the correction coefficient for officials and the correction coefficient for pensions mentioned in Article 3(5) of Annex XI to the Staff Regulations for the Member State where the recipient provides evidence of having established his main residence. The average shall be calculated using the weightings in the following table:
As from [1.1.2004], [1.1.2005], [1.1.2006], [1.1.2007], [1.1.2008]
80% Officials 20% Pension
60% Officials 40% Pension
40% Officials 60% Pension
20% Officials 80% Pension
100% Pension
When at least one of the coefficients is modified, the average is modified with effect on the same date.
Deleted
Amendment 58
ANNEX II, POINT 4
Article 3a, paragraph 2a (new) (Conditions of Employment of other servants of the European Communities)
2a. By way of derogation from Article 1, Title IV Chapters 1-2 and 6 - 6 b shall apply to parliamentary assistants employed by Members of the European Parliament. Such staff shall be paid from the appropriations for this purpose under the section of the budget for the European Parliament. The European Parliament shall adopt implementing rules.
Amendment 50
ANNEX II, POINT 17
Article 39, paragraph 2a (new) (Conditions of Employment of other servants of the European Communities)
2a. By way of derogation from Article 77 of the Staff Regulations, the final paragraph of Article 9 of Annex VIII to the Staff Regulations may be applied to temporary servants engaged in accordance with Article 2(c) of the Conditions of Employment of other servants of the European Communities to assist a political group in the European Parliament:
- who have completed at least five years of service;
- subject to the proviso that the pension shall not be less than [100 %] of the minimum subsistence figure.
Amendment 51
ANNEX II, POINT 21
Article 48, paragraphs 1a and 1b (new) (Conditions of Employment of other servants of the European Communities)
Article 50 of the Staff Regulations shall apply by analogy to temporary staff engaged in accordance with Article 2(c) of these Conditions of Employment to assist a political group in the European Parliament.
Article 41(3), with the exception of the second subparagraph, shall apply by analogy to temporary servants engaged in accordance with Article 2(c) of the Conditions of Employment of other servants of the European Communities to assist a political group in the European Parliament, for a maximum of one year, where the group is affected by a reduction of posts.
Amendment 52
ANNEX II, POINT 34
Title IV, Chapter 1, Article 79 (Conditions of Employment of other servants of the European Communities)
The contracts of contract staff may be concluded for a fixed period of at least three months and not more than five years. They may be renewed not more than once for a fixed period of not more than five years. The initial contract and the first renewal must be of a total duration of not less than six months for function group I and not less than nine months for the other function groups. Any further renewal shall be for an indefinite period.
The employment contracts of contractual agents may be concluded for a fixed duration of not more than five years. They may be renewed for a fixed duration of five years maximum. Any subsequent renewal shall be for an indefinite duration in the "contractual agents" category if the number of years of service exceeds ten.
Within the institutions, contractual agents will eventually replace civil servants in category D. In the representation offices, Commission delegations, agencies, executive agencies and other bodies instituted by a specific legal act, contractual agents may be recruited at all levels within the limit of two-thirds of employees and with the exception of executive positions.
Amendment 59
ANNEX II, POINT 34
Title IV, Chapter 1, Article 79a (new) (Conditions of Employment of other servants of the European Communities)
Article 79a
By way of derogation from this Title, the rules on recruitment and duration of contracts for parliamentary assistants shall be determined by the implementing rules referred to in Article 3a(2a).
Amendment 53
ANNEX II, POINT 34
Title IV, Chapter 1, Article 80, paragraph 2, subparagraph 2 (Conditions of Employment of other servants of the European Communities)
The grading of contract staff within each function group shall take account of the qualifications and experience of the persons concerned. Within their grade, contract staff shall be recruited in the first step.
The grading of contract staff within each function group shall take account of the qualifications and experience of the persons concerned.
Amendment 74
ANNEX II, POINT 34
Title IV, Chapter 3, Article 82, paragraph 3, point (a) (Conditions of Employment of other servants of the European Communities)
(a) is a national of one of the Member States of the Communities, unless an exception is authorised by the authority referred to in the first paragraph of Article 6, and enjoys his full rights as a citizen;
(a) is a national of one of the Member States of the Communities, or is a national of a third country with a permanent right of residence in one of the Member States of the Communities, and enjoys his full rights as a citizen;
Amendment 54
ANNEX II, POINT 34
Title IV, Chapter 3, Article 84, paragraph 1 (Conditions of Employment of other servants of the European Communities)
1.  A member of the contract staff shall serve a probationary period for the first six months of his period of employment if he is in function group I and the first nine months if he is in any other function group.
1.  A member of the contract staff whose contract is concluded for a duration of more than one year shall serve a probationary period for the first six months of his period of employment.
Amendment 55
ANNEX II, POINT 34
Title IV, Chapter 6, Section A, Article 94, paragraph 2, subparagraph 2a (new) (Conditions of Employment of other servants of the European Communities)
A former member of the contractual staff may not be prejudiced in any way by any conflicting regulations or administrative difficulties which might be caused by differences or divergences as between national legislation and the present provisions.

(1) After the amendments were adopted, the matter was referred back to committee in accordance with Rule 69(2) (A5-0069/2003).


2002 Annual debate on an area of freedom, security and justice
PDF 222kWORD 49k
European Parliament resolution on progress in 2002 in implementing an area of Freedom, Security and Justice (Articles 2 and 39 of the EU Treaty)
P5_TA(2003)0126B5-0193/2003

The European Parliament,

–   having regard to Article 2 of the Treaty on European Union, which aims to maintain and develop the Union as an area of freedom, security and justice in which the free movement of persons is guaranteed in conjunction with appropriate measures on external border controls, asylum, immigration and the prevention and combating of crime, and to Article 39 of the Treaty on European Union, which provides for an annual debate on the progress made in the implementation of this area of freedom, security and justice,

–   having regard to the conclusions of the Seville European Council of June 2002 and, in particular, the timetable laid down for achieving the measures foreseen by the special European Council held at Tampere in October 1999,

–   taking note of the Commission's latest "scoreboard" reviewing progress in the creation of an area of freedom, security and justice in the European Union, the Council's regularly updated "roadmaps" on asylum, immigration and border control for the follow-up to the Seville European Council(1) and of a European Union action plan to combat terrorism(2),

–   having regard to the conclusions of the Copenhagen European Council opening the way to the signature of the Treaties of Accession of the applicant countries at the Athens European Council in April 2003, and noting the acceptance on the part of the applicant countries of the acquis communautaire, including in JHA matters,

–   noting the operational programme of the Council for 2003 submitted jointly by the Greek and Italian Presidencies and hoping that they fulfil the commitment expressed therein to accord highest priority to the full and rapid implementation of the decisions taken by the Seville European Council(3),

–   recalling its resolution of 15 January 2003 on the situation concering basic rights in the European Union(4) and the conclusions therein,

–   welcoming the work of the European Convention, in particular the conclusions of Working Group X on freedom, security and justice and notably its call for co-decision to be the norm, and the call by Working Group II for the Charter of Fundamental Rights to be enshrined in the constitutional treaty of the EU,

–   welcoming the coming into force of the Treaty of Nice on 1 February 2003, especially the reinforced provisions on ensuring respect for human rights and the move towards more streamlined and democratic decision-making,

–   having regard to the European Parliament's plenary debate 12 February 2003 and the responses of the Council and the Commission to the oral questions presented to them,

A.   noting that 2002 was characterised by a high degree of activity and results, but that there was a lack of balance, coherence and democratic accountability, as well as delays and a limited global vision as regards the timetables and programmes envisaged,

B.   whereas, in contrast to the scant progress made in previous years, the year 2002 witnessed considerable activity in justice and home affairs, with both the Spanish and the Danish Presidencies putting forward ambitious programmes such that numerous legislative decisions, political agreements and common positions were reached or are shortly to be adopted in 2003; noting, however, the need to speed up the work – mainly by bringing the Council negotiations forward – and to increase the coherence and balance of the results, with a view to meeting the deadlines and objectives laid down in the Amsterdam Treaty and by subsequent European Councils,

C.   noting that in 2002 developments have been somewhat disjointed and reactive (including the proliferation of new "road maps" and "action plans") instead of a steady and disciplined implementation of the strategic priorities laid down in the Treaties, the various European Council conclusions and the Commission "scoreboards"; and believes that transparent planning and coordination including the proper provision of financial and human resources is the soundest basis on which coherent progress can be assured,

D.   judging in particular that Member States" use of the co-right of initiative with the Commission in the field of justice and home affairs has undermined coherence and clarity because initiatives have been driven too often by domestic political considerations and media agendas; and considers that more rigorous assessment by individual Justice and Interior Ministers as to the justification for new proposals would be helpful,

E.   taking the view that, while priority has in the wake of 11 September 2001 been given to generally welcomed measures aimed at guaranteeing security, an imbalance has been created in that complementary measures called for by the Parliament designed to guarantee fundamental rights and comprehensive respect for justice throughout the European Union have not been adopted,

F.   considering that the adoption and imminent application of measures such as Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States(5) and the Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism(6) are essential instruments in the fight against such crime, but fearing that the absence of any measures to guarantee fundamental rights could undermine reciprocal confidence in the justice systems of the Member States; and in that context noting the reservations expressed in the European Parliament and some national parliaments, as well as by representatives of civil society, regarding the adoption and subsequent implementation of Framework Decision 2002/584/JHA, and encouraged by the view of the Greek and Italian Presidencies that the question of minimum standards under criminal procedural law "is closely linked to the whole programme on mutual recognition and is, to a certain extent, a condition of its success",

G.   noting that, whilst stating their commitment to fulfilling the Tampere programme as a whole, both Presidencies in 2002 were able to engineer much swifter agreement on measures relating to repressive measures of migration control than on the elements of a common EU asylum policy or on a policy towards legal migrants, notably the conferring of legal, social and political rights on third-country nationals who are long-term residents; whereas, even when political agreement had been reached in the Council, negotiations were on several occasions reopened resulting in a significant alteration not only of the Commission's original proposal but of the prior agreement itself,

H.   accepting that the process of approximating complex legislation among Member States with very different traditions and national legal systems is immensely difficult and sensitive; but noting that this has not represented an insurmountable obstacle in reaching agreement on measures intended to strengthen the fight against illegal immigration and terrorism, sees no reason why national difficulties and constitutional conflicts should not be overcome in other areas of EU justice and home affairs policy as well,

I.   having regard to the fact that trafficking in human beings is an abhorrent and worrying phenomenon involving sexual exploitation and labour exploitation in conditions akin to slavery, welcomes the progress made through the adoption of Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings(7); in addition, urging the Council and the Commission to continue the fight with improved international coordination and information exchange between relevant agencies to secure criminal convictions of traffickers, improved funding from governments and a commitment to tackling the root causes of the problem, thereby enacting the commitments made in the Brussels Declaration at the European Conference on Preventing and Combating Trafficking in Human Beings – Global Challenge for the 21st Century organised by the IOM and the Commission; considering that this should become the main instrument for future policy-making in this field and be followed by the European Parliament, Commission and the Council,

J.   deploring the fact that there has continued to be an unacceptably low level of democratic legitimacy, in that the Parliament is merely consulted on legislation relating to measures in the field of justice and home affairs, and that the Council, while technically fulfilling the Treaty obligation to consult the European Parliament, has often done so in a way which is no more than a request to "rubber stamp" political agreements already reached,

K.   whereas, without prejudice to the competences officially conferred on it by the EU Treaty, the European Parliament is the representative of the citizens of the Union and, therefore, should be fully involved in the process of adopting any measure within its sphere, and certain provisions which might allow circumvention of the obligation to consult it should be avoided,

L.   observing that the democratic control of Europol, Eurojust and the other EU agencies needs to be improved, since hitherto it has been indirect, fragmented and insufficient, as well as limited both on a national and European Union level,

M.   regretting that the meetings of the Council are not always transparent and points out that the lack of public accessibility, together with a lack of democratic control over Council, is leading to an unacceptable restriction of the principle of democracy, which calls into question the legal legitimacy of Council measures with a bearing on constitutional law,

N.   regretting that the Commission and the Council were so late in recognising the need for joint responsibility for protecting the external borders and the creation of a new generation of SIS, so that these mechanisms cannot come into operation until long after the enlargement to the east,

1.  Calls for a more balanced set of measures to advance the area of freedom, security and justice, such that the aims of guaranteeing liberty and fundamental rights are given as much weight as that of ensuring security in EU laws:

   a) in the sphere of criminal law there must be a concrete and effective system of rights and safeguards for citizens and residents, based on the principle of non-discrimination pursuant to Article 13 of the EC Treaty, to accompany the heightened cooperation between law enforcement agencies, mutual recognition of judicial decisions in criminal matters, the European Arrest Warrant and extensive approximation of criminal and anti-terrorist legislation, on all of which there was considerable progress in 2002;
   b) insists that national security concerns, albeit legitimate, must not compromise the principles on which the Union is founded, including democracy, equality and human rights, and that anti-terrorism measures must not applied so as to undermine fair asylum policies or suspend the application of refugee laws; calls for the European Convention to include recommendations for joint and united representations by EU consular authorities to protect European citizens from injustice in third countries so as to make European citizenship a reality, and demands that Member States request the United States to stop holding their citizens in limbo in Camp Delta in Guantanamo Bay without charge and contrary to international law, and points out that following their release from Camp Delta the EU citizens can be tried in their home countries on charges of belonging to a terrorist organisation;
   c) calls for the early submission and adoption of adequate legislative proposals such that guarantees of basic rights are in place by the date of accession of the new Member States and at least by June 2004, and in particular urges the Commission to finalise, as soon as possible, a framework decision on procedural safeguards for suspects and defendants in criminal proceedings throughout the European Union; also calls for a "EuroRights" body of independent defence practitioners in criminal law to be set up under the aegis of the European Parliament to monitor the observance of legal and fair trial rights across the EU, including the Charter of Fundamental Rights, and to advise the Commission, Parliament and Council on development of new EU measures;
   d) points out that combating terrorism in the European Union is still a priority and hence calls on the Member States to transpose and implement as soon as possible the entire body of legislation adopted to combat this crime; furthermore considers it essential that people found guilty of collaborating or taking part in terrorist crimes should serve their sentences in full and that, if necessary, the possibilities of obtaining remission should depend on the seriousness of the crime committed and remain subject to the prisoner repenting and cooperating with the judiciary; once again points out the irreparable harm and enormous suffering which terrorism inflicts on its victims and their families and therefore calls on the Commission and the Council to set up a European Compensation Fund for the victims of terrorism;
   e) while recognising the need to equip law enforcement authorities with the tools to gain evidence to pursue and convict major law-breakers and terrorists, asserts that it is unjustified to grant sweeping data retention powers through a blanket EU instrument, and demands that the collection and transfer of personal data in all measures relating to judicial and police cooperation be carried out according to sound data protection rules; calls on the Commission, therefore, to come forward as soon as possible with, and the Council to prioritise adoption of, a binding legal instrument relating to data protection in measures taken in the context of the "third pillar" to provide guarantees equivalent to those inherent in European Parliament and Council Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(8); calls also on the Council to transfer the various data banks of the SIS, the CIS, Eurodac and the Europol Convention to the "first pillar" and subject them to uniform data protection rules;
   f) urges the Greek and Italian Presidencies to reach agreement as soon as possible on the key measures for a common EU immigration and asylum policy which fully respects international refugee and human rights law and promotes harmonisation on the basis of minimum standards; calls on the Council and Member States, when devising EU and national immigration policies, to focus on the possibilities of legal migration and the imperative of integration for legal migrants based on equality of rights compared with EU citizens as much as on tackling illegal migration; and warns the Council and Member States of the danger of an overwhelming obsession with illegal entrants;

Greater efficiency and coherence, including an overhaul of the current legislative system for justice and home affairs matters taking account of the conclusions of the Convention's Working Group X on freedom, security and justice

2.   (a) calls for the adoption, on the basis of a proposal from the Commission, by Council and Parliament in co-decision, after consultation of the national parliaments, of a multi-annual plan for EU legislative and operational activity in the field of freedom, security and justice, which strictly respects the principle of subsidiarity; considers that this should be drawn up on the basis of input from the relevant national and EU (Europol, Eurojust, OLAF) agencies and institutions and with regard to the fulfilment of international obligations, and be the subject of an annual evaluation in the course of a debate in the European Parliament in which members of national parliaments could be involved;

   b) calls for the removing of procedural impediments to the achievement of a coherent and strategic European justice and home affairs policy by streamlining and strengthening the initiating and decision-making process at EU level, especially by making qualified majority voting the rule in the Council and reinforcing democratic scrutiny and full partnership with the European Parliament through extension of the co-decision procedure; in addition, calls for full democratic scrutiny of Europol, so as to ensure it is fully accountable to the European Parliament in partnership with the national parliaments and subject to judicial control of the European Court of Justice;
   c) calls therefore for the end to the intergovernmental "third pillar" system for police and judicial cooperation, with the exception of operational activities, and the incorporation of EU-level cooperation within normal Community methods, alongside the formulation of a simpler, clearly discernible allocation of competences between EU and national levels; calls also, however, for an ongoing political dialogue between national parliaments and the European Parliament in order to ensure that competences are respected, democratic goals furthered and information shared;
   d) calls for the Council to seek to implement as soon as possible the move to qualified majority voting and co-decision on those areas covered by Title IV provided for in the Treaty of Nice, and to make every effort to reach unanimous agreement on transferring the remaining areas in 2004 so that those procedures apply to them, in accordance with Article 67(2) of the EC Treaty;

Reinforcement of mechanisms to monitor decisions taken at EU level and implemented in the Member States

3.  Considers that, in order to complement but not replace the enforcement mechanisms under the Treaties regarding transposition of legislation, a more consistent and comprehensive system of open coordination and "peer review" should be enacted whereby Member States would not only exchange experience but mutually evaluate their implementation of EU measures and their respect more widely of democratic accountability, integrity of public administration, non-discrimination, civil liberties and rule of law; agrees with the call by the Copenhagen European Council for the Council to rationalise the different evaluation processes;

The future Member States to be fully included upon accession in EU Justice and Home Affairs policy including free movement rights, without prejudice to the safeguard clauses

4.  Considers that it must be kept informed in the run-up to May 2004 of the result of the evaluation and practical implementation by the future Member States of the acquis in JHA matters, including their ability to respect the Schengen standards, and also of any move to invoke the "safeguard clauses";

General matters

5.  Calls on the Commission and the Council to take all necessary steps, in accordance with Article 6 of Council Decision 2000/596/EC of 28 September 2000 establishing a European Refugee Fund(9), to ensure that in the event of a sudden mass influx of refugees or displaced persons:

   - the funds earmarked in the Refugee Fund for emergency measures can swiftly be made available to the Member States,
   - reception and accommodation can be provided by the Member States, any food and clothing needed can be made available and psychological or medical assistance be provided in case of need,
   - an authority in every Member State is assigned to be the Commission's sole interlocutor in carrying out refugee projects;

6.  Calls on the Council, in the event of a sudden influx of refugees or displaced persons from Iraq, to ensure that the burden on human resources is shared among all the Member States;

7.  Calls on the Commission and the Council to take all necessary steps to ensure that, if need be, international aid organisations can be given financial help to take care of war refugees in safe areas of Iraq or neighbouring countries;

8.  Calls on the Council presidency and the Commission to persuade the Member States to make more intensive use of the Community programmes AGIS and ARGO; considers that, in particular, involvement of the candidate countries should be stepped up in the interests of developing uniform standards;

9.  Calls on the Council and the Commission to make every endeavour to ensure that, as soon as possible and on the basis of identical standards, joint external border security is provided at all the Union's external borders and that units of border guards are made available, as soon as possible and at the request of the Member States, to back up national border guards;

o
o   o

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

(1) Council document 10525/02 rev 3.
(2) Council document 8547/02.
(3) Council document 15881/02.
(4) P5_TA(2003)0012.
(5) OJ L 190, 18.7.2002, p. 1.
(6) OJ L 164, 22.6.2002, p. 3.
(7) OJ L 203, 1.8.2002, p. 1.
(8) OJ L 281, 23.11.1995, p. 31.
(9) OJ L 252, 6.10.2000, p. 12.


Outcome of the European Council (Brussels, 20/21 March 2003)
PDF 123kWORD 35k
European Parliament resolution on the outcome of the European Council (Brussels, 20/21 March 2003) concerning the Lisbon strategy
P5_TA(2003)0127RC-B5-0196/2003

The European Parliament,

–   having regard to the Presidency Conclusions of the Brussels European Council of 20-21 March 2003 concerning the Lisbon strategy and its implementation,

–   having regard to the Lisbon European Council conclusions of 23 and 24 March 2000, the Göteborg European Council conclusions of 15 and 16 June 2001, the Barcelona European Council conclusions of 15 and 16 March 2002 and the conclusions of 16 September 2002 on the outcome of the World Summit on Sustainable Development,

–   having regard to the Tripartite Social Summit held in Brussels prior to the Spring European Council on 20 March 2003,

A.   whereas the intended purpose of the Spring European Council is to take stock of progress in meeting the strategic Lisbon goal, which has fallen considerably behind schedule and risks missing many of the target dates set in Lisbon,

B.   whereas the outcome of the war in Iraq, together with the humanitarian and reconstruction needs, is as yet unknown, and the consequences for the world economy and the multilateral trading system have yet to unfold,

C.   whereas it is of great importance for the new Member States to be fully integrated in the modernisation of the European economic, social and environmental model, and its strategy for sustainable development, with respect to the implementation of the objectives and mechanisms of the Lisbon strategy,

1.  Agrees with the European Council that promoting sustainable growth, creating more and better jobs, competitiveness, and modernising the European social model must remain firmly at the top of the Union's agenda; notes the way in which the European Council has taken steps to introduce a more operational approach towards achieving the economic, social and environmental objectives for 2010, although there remains a gap between strategic goals and concrete actions;

2.  Reiterates that, to restore credibility to the Lisbon strategy, this must be followed through by determined action, especially by larger Member States, to advance in parallel the four priority objectives laid down by the European Council, and which the European Parliament can support;

3.  Reiterates its support for the Lisbon strategy, and points out that much has to be done to ensure that all programming is dovetailed together in a way which brings the accession countries fully into the common endeavour; points to the need to pay more attention to the scoreboard of Member States' progress in fulfilling their Lisbon agenda commitments, and therefore calls for a detailed roadmap from the Commission by October 2003, indicating how the agreed objectives will be reached by 2010;

4.  Takes the view that the current Employment Strategy, as recently reshaped to include the quality of jobs and to strike the right balance between flexibility and security, is an efficient instrument to foster employment in the European Union; believes, furthermore, that the Employment Committee (EMCO), established in accordance with Article 130 of the EC Treaty, is best placed to assess employment issues;

5.  Considers, therefore, that there was no need to create a new Task Force on Employment; calls on the Council to limit the remit of such a task force, for example to identifying practical reform measures to be addressed without delay, and to report to the EP about its work;

6.  Stresses its commitment to the Stability and Growth Pact (SGP) and supports the intelligent and flexible application of the Pact in the ways proposed by the Commission, in particular the stronger emphasis on overall debt levels of individual Member States, taking into account public investment requirements - especially when those investments are considered by the Commission to be consistent with the Lisbon and Stockholm strategy and, for that reason, of common interest;

7.  Emphasises the vital importance of SMEs for the economic fabric of the Member States and encourages, accordingly, all measures to foster entrepreneurship in the European Union; stresses, in this context, the importance of implementing rapidly the recommendations of the European Charter for Small Enterprises as well as the Action Plan for 'Simplifying and improving the regulatory environment'; agrees with the Council that all major draft legislation should be subject to a comprehensive impact assessment taking account of the three pillars of the Lisbon strategy and considered separately by the Competitiveness Council;

8.  Reiterates its support for the Lisbon strategy, but believes that the open method of coordination and peer review are not sufficient on their own to bring about the dynamic structural changes required;

9.  Takes note of the application of the open method of coordination in support of research and innovation policy, in the expectation of seeing more concrete evidence of progress towards the goal of earmarking 3% of GDP for R&D and encouraging innovative and effective links between research and new business opportunities; recognises that remedial action must be taken to create the conditions which ensure that our scientists and innovative companies stay in Europe, drawing attention to the importance of basic research, which supplies the fundamental scientific knowledge vital to innovation;

10.  Fully endorses the European Council's call for effective application by Member States of legislation already agreed for strengthening the internal market and for connecting Europe, in order to establish certainty and clarity for business and investment across Europe; the creation of a significant number of Europe-wide and national public-private partnership investment projects (operating in such areas as education and training, lifelong learning, research, environmentally friendly production, information and frontier technologies, telecommunications, energy and transportation networks) will be of great importance for the future of the European economy;

11.  Regrets the absence of concrete progress in the field of environmental indicators for sound assessment of sustainable development, including the adoption of quantified sectoral environmental targets within the Cardiff process and the adoption of a mechanism to evaluate the implementation of the outcome of the Johannesburg Summit;

12.  Encourages Member States, when carrying out the EU's climate change policy aimed at implementing the Kyoto Protocol, to follow the same integrated approach adopted at EU level; strongly supports the call issued by the European Council to other parties, and especially the Russian Federation, to ratify the Kyoto Protocol as soon as possible, as this will allow its entry into force, and welcomes the forthcoming visit to the Duma by a specific EP delegation on this subject;

13.  Welcomes the agreement on the energy tax directive which will set a minimum excise duty level for oil products, gas, electricity and coal; is deeply concerned, however, that the European Council had to postpone again the final agreement on the tax package;

14.  Welcomes the commitments on environmental liability, greenhouse gas emission reduction and intelligent energy; urges the Council again, however, to promote the removal of subsidies that have negative effects on the environment and to take steps to develop an ambitious EU plan for the development of clean technologies;

15.  Points out that the fight against poverty and social exclusion is a vital objective of the integrated strategy and insists it is essential to coordinate efforts to improve and safeguard social protection systems organised and financed in accordance with high social principles and standards; welcomes the European Council's commitment to keep up the momentum of pension reform by Member States, given the interaction between pension reform, employment policy, sound public finances and social cohesion;

16.  In the context of education, draws attention to the emphasis on education and vocational training for enhancing skills, languages, digital literacy and lifelong learning; the commitments must be matched by concrete measures through the Skills and Mobility Action Plan, the European Structural Funds and other programmes that may be proposed, together with the rapid reform of Regulation (EEC) No 1408/71(1) on the application of social security schemes;

17.  Welcomes the European Council's firm statement on the need for concrete measures to speed up reforms of tax and benefit systems and of the labour market, especially by improving wage formulation systems, modernising employment legislation and integrating underemployed sections of the population which suffer discrimination, as defined under Article 13 of the EC Treaty, which covers gender, disability, race, age, religion and sexual orientation, and invites the Commission and the Council to develop these ideas further; calls on the Member States fully to implement Directive 2002/73/EC(2);

18.  Welcomes the formal establishment of the Tripartite Social Summit prior to the Spring European Council, since the social partners can play an important role in implementing the Lisbon agenda, for example in the areas of lifelong learning and investment in human capital; underlines that this role must be strengthened; reiterates the contribution made by the voluntary sector and non-standard forms of business organisation to increasing employment and delivering other public policy objectives;

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

(1) OJ L 149, 5.7.1971, p. 2.
(2) European Parliament and Council Directive 2002/73/EC of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ L 269, 5.10.2002, p. 15).


Sustainable use of pesticides
PDF 146kWORD 53k
European Parliament resolution: Towards a thematic strategy on the sustainable use of pesticides (2002/2277(INI))
P5_TA(2003)0128A5-0061/2003

The European Parliament,

–   having regard to the Commission communication "Towards a Thematic Strategy on the Sustainable Use of Pesticides" (COM(2002) 349 - C5-0621/2002),

–   having regard to the Commission communication "Towards a Thematic Strategy for Soil Protection" (COM(2002) 179),

–   having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(1),

–   having regard to the European Parliament and Council Directive 98/8/EC of 16 February 1998 concerning the placing of biocidal products on the market(2),

–   having regard to Council Directives 76/895/EEC(3), 86/362/EEC(4), 86/363/EEC(5)and 90/642/EEC(6)on the fixing of maximum levels for pesticide residues in and on fruit and vegetables, cereals and foodstuffs of animal origin,

–   having regard to European Parliament and Council Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy(7) and the water quality objectives laid down therein,

–   having regard to Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption(8),

–   having regard to Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States(9),

–   having regard to the report from the Commission to the European Parliament and the Council entitled 'Evaluation of the active substances of plant protection products (submitted in accordance with Article 8(2) of Council Directive 91/414/EEC on the placing of plant production products on the market) (COM(2001) 444),

–   having regard to its resolution of 30 May 2002(10) on the Commission report on the evaluation of the active substances of plant protection products and to the Commission's reply to that resolution,

–   having regard to Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme(11),

–   having regard to the resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council of 1 February 1993 on a Community programme of policy and action in relation to the environment and sustainable development - A European Community Programme of Policy and Action in relation to the environment and sustainable development (The Fifth EC Environmental Action Programme)(12),

–   having regard to the Commission progress report on implementation of the European Community Programme of Policy and Action in relation to the environment and sustainable development "towards sustainability" (COM(1995) 624),

–   having regard to Decision 2179/98/EC of the European Parliament and the Council of 24 September 1998 on the review of the European Community Programme of Policy and Action in relation to the environment and sustainable development "Towards Sustainability"(13),

–   having regard to the proposal for a Directive of the European Parliament and the Council on environmental liability with regard to the prevention and remedying of environmental damage(14),

–   having regard to the synthesis report of the European Commission entitled "Possibilities for future EU environmental policy on PPP's" (1997),

–   having regard to the Convention on the Protection of the Rhine and the provision made therein for safeguarding the use of water from the Rhine to supply drinking water,

–   having regard to the report of the World Health Organisation (WHO) and European Environment Agency (EEA) entitled " Children's Health and Environment: A Review of Evidence" (2002),

–   having regard to Rules 47(2) and 163 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 (A5-0061/2003),

A.   whereas there is broad consensus that the existing legal framework does not provide for a sustainable use of pesticides and that it is therefore necessary to complement it by a comprehensive Community strategy explicitly designed to achieve this goal,

B.   whereas pesticides residues can be found in all habitats, residues in food are found in approximately 40% of the samples and multiple residues in 15%,

C.   whereas pesticide contamination of European groundwater, which represents 65% of Europeans" raw drinking water, is of particular concern,

D.   whereas the limit of 0.1 μg/l for pesticides in drinking water which applies to groundwater and surface waters is frequently exceeded, giving rise to high treatment costs,

E.   whereas pesticides contribute to a loss of biodiversity and the possible effects of authorised pesticides on health include immunological effects, endocrine disrupting effects, neurotoxicological disorders and various types of cancer,

F.   whereas foetuses and children are both more vulnerable and more exposed to pesticides than adults; the current evaluation and Maximum Residue Levels (MRLs) are probably inadequate to ensure the safety of this vulnerable group,

G.   whereas since 1996 there has been a general increase in the use of pesticides in the EU,

H.   whereas a reduction in the use of, and dependence on, pesticides is also necessary in order to minimise problems relating to pest resistance, secondary pest problems and the depletion of agricultural soils,

I.   whereas the adoption of alternative pest control methods and a reduction of farmers" dependence on pesticides, including organic farming, has proven to be economically profitable and agriculturally sustainable,

J.   whereas a sustainable use of pesticides is not likely to be achieved solely by encouraging the Member States and whereas there is a need to achieve a level playing field at a European level for all farmers and an equal level of health, environmental protection and food safety; the EU should therefore define comprehensive mandatory requirements in keeping with the general principle that European Union law should not weaken existing laws on environmental protection and, in this instance, taking into account the very different climatic conditions, crops, soil and other factors affecting agriculture, these mandatory requirements should take the form of minimum standards and should in no instance lead to an increase in the permissible levels of use of particular pesticides,

K.   whereas some Member States have effectively reduced the amounts of pesticides used and the risks associated with their use; whereas discrepancies between Member States still exist resulting in an non-level playing field and unfair competition between farmers in different Member States,

L.   whereas improved knowledge of the individual pesticide user is a prerequisite for changing behaviour and hence training, education and the dissemination of information should be a crucial element of the thematic strategy, and for the training of farmers and operators a comprehensive framework or guidelines are needed,

1.  Welcomes the overdue Communication (COM(2002) 349), but regrets the lack of ambition, the fact that few legally binding measures and no economic instruments are proposed and the lengthy timetable for adoption and implementation;

2.  Reaffirms the calls made in its abovementioned resolution of 30 May 2002 for the revision of pesticides legislation with a view to pesticide risk reduction; furthermore, stresses the need for urgent and mandatory complementary action on pesticide use reduction and therefore calls on the Commission to speed up the process of developing binding and effective measures, and to define clear goals and timetables for each Member State, taking into account reductions already achieved in some Member States since the implementation of their national reduction plans;

3.  Urges the Commission to extend the scope of the thematic strategy to non-agricultural pesticides and all user groups such as industry, local authorities, private households and to biocides, while adhering to the timetable foreseen for the adoption of the thematic strategy;

4.  Stresses the need for mandatory national use and risk reduction programmes, including quantitative reduction targets to be achieved by adopting a mix of mandatory and voluntary measures; these programmes should contain, among others, the following elements:

   - an assessment of the existing situation regarding pesticide use and impacts and the consequences of the implementation of various reduction scenarios, including cost-benefit analysis for scenarios which include evaluation of the external costs on a scientific basis;
   - national or regional action plans designed to reduce pesticide use, risks and dependence, including quantitative and qualitative goals derived from standards laid down in directives concerning the environment, water, drinking water and food safety, for all user groups such as agriculture, industry, local authorities, public services and households;
   - measures to raise awareness, including information campaigns, advisory services development, mandatory basic and continued training and certification of all professional users, advisory officers and dealers with particular emphasis on low-pesticide pest-control systems and non-chemical alternatives, and special information for private purchasers;
   - definition of Integrated Crop Management standards for each major crop by independent experts and expanded financial support for the development of various biological alternatives, the crops' own resistance and farming methods capable of minimising the use of pesticides; such measures to include risk avoidance technology and assessment;
   - mandatory requirements relating to technical equipment, preparation, storage and application as well as measures to control and monitor compliance with these requirements;
   - designation of pesticide vulnerable zones where use is banned or severely restricted such as drinking water collection or abstraction zones and areas protected under Directives 92/43/EEC(15) (Habitats Directive) and 79/409/EEC(16) (Birds Directive);
   - mandatory and frequent monitoring of pesticides concentrations in environmental media as well as of residues in food in a harmonised way;
   - regular progress reports by Member States on the implementation of the reduction programmes;

5.  Considers that national action plans must also cover:

   - licensing procedures for chemical soil decontamination,
   - the use and approval of spraying equipment,
   - crop protection licences,
   - in the case of sensitive crops, drift reduction measures,
   - disease prevention measures;

6.  Calls on the Commission to propose a legally binding EU-wide pesticides pass in which the producer indicates the use of all pesticides in agriculture and in the storage of each product, in order to enable appropriate food controls to be carried out; there must be provision for sanctions, should false or incomplete information be supplied;

7.  Fully supports the recommendation for a ban on aerial spraying and the possibility to designate pesticide free zones, but urges the Commission also to propose a ban on the use in special protection zones such as for drinking water abstraction, on the use of pesticides in schools, playgrounds and parks in order to protect children, and in areas close to inhabited zones; calls on the Commission to present such proposals before the end of 2003;

8.  Asks the Commission to establish a system of compulsory protection zones for all surface water at European level, whereas the protection zones should be adjusted at regional level in order to take into account the specific characteristics of the region and the potential risks;

9.  Demands that Member States improve the monitoring of pesticide concentrations in the various environmental media, including on food products, in accordance with Community guidelines; also asks for an approximation of information systems relating to contamination caused by pesticides; stresses the necessity to conduct further research on the environmental impacts and on the effects which pesticide use has on health;

10.  Urges the Commission to set up EU-wide databases containing all national monitoring data and all available non-chemical alternatives; these databases should be made accessible to the public and the information actively disseminated;

11.  Urges the Commission to expand financial support of research and promotion activities specifically intended to develop alternative pest control methods and systems;

12.  Notes that there exists a variety of indicators - including sales volumes, use volumes, use patterns, treatment frequency, residues in food and environmental media, the percentage of land in organic farming and the percentage of farmers adopting Integrated Crop Management (ICM) - which, if used in combination, are suitable for measuring progress and calls on the Commission to use those indicators while continuing to work on the development of agreed environmental load indicators;

13.  Stresses the need to collect, in a harmonised way, sales and use data for all user categories as well as import and export data, and to make publicly available all information for every active ingredient;

14.  Calls on the Commission to propose an increase in consumers" right to information, for example by setting up a system for the regular publication of residue measurements in fresh food products from supermarkets and other retail outlets, and by giving consumers the right to put questions to food producers and distributors concerning the composition and method of production of food;

15.  Stresses the need to introduce the concept of producer or importer responsibility for the recovery and safe disposal of all pesticide packaging, pesticides past their expiry date and revoked pesticide products by way of a mandatory deposit-refund system;

16.  Asks the Commission to address the specific problems arising from filling and cleaning as important point sources of emissions and to propose measures to collect and treat remaining pesticides; calls for particular attention to be paid to the use of pesticides in containers for the shipment of goods and the health and safety risk for those who treat, or are in the vicinity of, those containers;

17.  Calls on the Commission to draw up guidelines, for training and advisory purposes, for pesticide users as regards reducing the risks stemming from pesticide use, taking account of the differences which exist between the various European regions;

18.  Underlines that programmes for basic and further training should focus on risks for human health and the environment, alternative methods and safe and minimised use;

19.  Draws attention to the major importance, not least for sustainable use and risk reduction, of a speedy European evaluation of active substances in plant protection products; emphasises that this re-evaluation must take place within strict deadlines and that sufficient human and other resources must be allocated to the task;

20.  Emphasises once again the need to include, in the revision of Directive 91/414/EEC, the substitution principle, the precautionary principle and comparative assessment (including non-chemical alternatives), but notes that this principle should also be the basis for action at national level;

21.  Urges the Commission to coordinate the internal work on drawing up the proposals for a thematic strategy and an amended Directive 91/414/EEC; in particular, this applies to the need to remove the obstacles in the aforementioned Directive which hinder Member States from using bans or restrictions on individual plant protection products to achieve sustainable use and reduce dependence on chemical agents in food production; such restrictions must be dealt with directly in the proposal for a revision of the Directive in question;

22.  Urges the Commission to draw up a new policy for pesticides in line with the forthcoming EU chemicals policy on the basis of the principles advocated in the conclusions of the Environment Council of 7 and 8 June 2001, with particular focus on substances which are carcinogenic, mutagenic or toxic to reproduction and substances which are persistent, bioaccumulating and toxic or which otherwise give cause for serious concern, particularly endocrine-disrupting substances and VPVB (very persistent, very bioaccumulating) substances; these substances should, in principle, be avoided in plant protection products; consistency between the revision of Regulation (EEC) No 2455/92(17) concerning certain dangerous chemicals and Directive 91/414/EEC should also be taken into account;

23.  Calls on the Commission to introduce measures to remove financial barriers in the approval and registration of new and alternative products such as biological control agents and organic products, without compromising safety;

24.  Emphasises that a variety of 'low risk' crop protection products should be available to prevent the development of pest resistance; stresses the need for preference to be given, whenever possible, to organic methods of pest control and to the use of sound farming practices (in particular crop rotation, weeding and a reduction in the amounts of pesticide applied), rather than to the systematic use of pesticides, and for products which are known to be hazardous to be replaced by more selective, less persistent and more biodegradable products;

25.  Considers an integrated crop protection policy to be an absolute necessity for the sustainable use of pesticides, and that to this end attention must be paid to:

   - safeguards by means of certification and by closing the crop protection circuit,
   - improving levels of knowledge about crop protection,
   - promoting innovation, as regards both agricultural and horticultural systems on the one hand, and the products used on the other;

26.  Urges the Commission to set concrete and mandatory targets and timetables for ICM and sustainable organic agriculture, while Integrated Pest Management (IPM) should be made mandatory for all public authorities; notes however that there is still a lack of consensus among stakeholders on the meaning of the terms 'Integrated Crop Management' and 'Integrated Pest Management' and insists that the Commission lay down clear definitions and minimum criteria in this respect and set deadlines for the mandatory application of ICM on all cultivated land, not yet in organic farming; asks Member States to lay down minimum IPM/ICM measures for each crop;

27.  Calls on the Commission to propose ICM/IPM as a common basic requirement for the licensing of any pesticide;

28.  Urges Member States to fully exploit the provisions laid down in Regulation (EC) No 1259/1999(18) on direct support schemes under the common agricultural policy and insists that financial incentives for conversion to low-input and organic agriculture should be strengthened;

29.  Requests the Commission to reform the Common Agricultural Policy in order to make it compatible with the goal of sustainable pesticide use and requests that ICM becomes a prerequisite for subsidies in the future;

30.  Recognises the potential for reducing pesticide use or promoting the use of more benign types of herbicides by introducing genetically modified plant varieties;

31.  Welcomes the proposed elimination of provisions allowing Member States to apply reduced VAT rates for pesticides;

32.  Calls on the Commission to develop an EU-wide fund financed by both Member States and industry in order to ensure a safe disposal of stocks of obsolete pesticides in candidate countries; requests the Commission to lead global action and enforce producer responsibility to prevent future stocks;

33.  Stresses that development aid should focus on capacity building within third countries and on minimisation of pesticide use, organic agriculture, ICM and IPM;

34.  Urges the Commission to set maximum residues levels (MRLs) extremely low (analytical detection limit) unless the notifier can prove that even the best available techniques and methods cannot prevent a certain residue level;

35.  Urges the Member States to measure residues in fresh food products in order to promote transparency and consumers" right to product information;

36.  Calls on the Commission to amend European trading standards relating to the shape, size and aesthetic qualities of fresh fruit and vegetables which encourage the intensive use of pesticides;

37.  Urges the Commission to take into account the extremely worrying issue of mortality amongst domestic bees – a problem associated with the use of certain systemic insecticides (containing the active substances Fipronil and Imidaclopride) in order to treat sunflower and maize seeds;

38.  Urges the Commission, therefore, as already requested in its abovementioned resolution of 30 May 2002, to ensure that the criteria for the assessment of pesticides specifically include an analysis of the impact which the active substances therein have on domestic bee populations, and the observations made by beekeepers" trade organisations concerning those substances;

39.  Urges the Commission to design its thematic strategy as an umbrella for existing and future legislation and to propose an effective and enforceable mix of instruments that complement and reinforce each other and, at the same time, put forward legislative proposals; requests that the Commission, in so doing, respect the principle whereby European Union law should not weaken existing environmental protection and, in this instance, to take into account the different climatic conditions, crops, soil and other factors affecting agriculture, and to ensure that any requirements take the form of minimum standards;

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

(1) OJ L 230, 19.8.1991, p. 1.
(2) OJ L 123, 24.4.1998, p. 1.
(3) OJ L 340, 9.12.1976, p. 26.
(4) OJ L 221, 7.8.1986, p. 37.
(5) OJ L 221, 7.8.1986, p. 43.
(6) OJ L 350, 14.12.1990, p. 71.
(7) OJ L 327, 22.12.2000, p. 1.
(8) OJ L 330, 5.12.1998, p. 32.
(9) OJ L 194, 25.7.1975, p. 26.
(10) P5_TA(2002) 0276.
(11) OJ L 242, 10.9.2002, p. 1.
(12) OJ C 138, 17.5.1993, p. 1.
(13) OJ L 275, 10.10.1998, p. 1.
(14) OJ C 151 E, 25.6.2002, p. 132.
(15) OJ L 206, 22.7.1992, p. 7.
(16) OJ L 103, 25.4.1979, p. 1.
(17) OJ L 251, 29.8.1992, p. 13.
(18) OJ L 160, 26.6.1999, p. 113.


Fleet conversion in the light of the fishing agreement with Morocco
PDF 107kWORD 28k
European Parliament resolution on amending Council Regulation (EC) No 2561/2001 aiming to promote the conversion of fishing vessels and of fishermen that were, up to 1999, dependent on the fishing agreement with Morocco
P5_TA(2003)0129B5-0192/2003

The European Parliament,

A.   whereas, following the non-renewal of the EC-Morocco fisheries agreement, the Nice European Council called for a specific action programme to restructure the Community fleet previously fishing under that agreement,

B.   whereas the European Parliament, in its position of 15 November 2001(1) on the proposal for a Council regulation aiming to promote the conversion of vessels and of fishermen that were, up to 1999, dependent on the fishing agreement with Morocco(2), had already noted the inflexibility of the proposed regulation and the possible administrative difficulties which its implementation within the prescribed time-limits might pose, and whereas that proposal was hardly modified by the Council,

C.   whereas difficulties have arisen, particularly in the application of socio-economic measures, owing to the mandatory requirement that these measures be tied to scrapping and/or the creation of joint enterprises, particularly as regards the EUR 12 000 individual premium,

D.   whereas abolishing this mandatory link or making it more flexible would enable a large number of crew members who have lost their jobs and have been unable to apply for the individual premium – either because the vessel has been reassigned to other fishing grounds instead of being scrapped, or because of the time taken by scrapping operations and certification procedures – to claim this premium,

E.   whereas the requirement that the EUR 12 000 premiums be refunded on a pro rata temporis basis, provided for in Article 12(4)(c) of Regulation (EC) No 2792/1999(3), should be adjusted to match the special nature of the specific action, so that the period during which crews have been unable to carry out their work as fishermen can be calculated as from 1 January 2002,

1.  Calls on the Commission to submit, as a matter of urgency, a legislative proposal amending Regulation (EC) No 2561/2001(4) and resolving these problems in its application;

2.  Calls on the Commission to make the deadlines for implementation currently in force and laid down in the above-mentioned Regulation more flexible and sufficiently generous to ensure that the improvements made through the legislative procedure amending the Regulation are not rendered pointless by the duration of the procedure;

3.  Calls on the Commission to propose an adjustment to the requirement that the EUR 12 000 premiums be refunded on a pro rata temporis basis, so that the 12 months of professional inactivity as fishermen can be calculated as from 1 January 2002;

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

(1) OJ C 140 E, 13.6.2002, p. 534.
(2) OJ C 270 E, 25.9.2001, p. 266.
(3) OJ L 337, 30.12.1999, p. 10.
(4) OJ L 344, 28.12.2001, p. 17.


Protection of the financial interests of the Community and the European Prosecutor
PDF 219kWORD 44k
European Parliament resolution on the Commission Green Paper on criminal-law protection of the financial interests of the Community and the establishment of a European Prosecutor (COM(2001) 715 – C5-0157/2002 – 2002/2065(COS))
P5_TA(2003)0130A5-0048/2003

The European Parliament,

–   having regard to the Commission Green Paper (COM(2001) 715 – C5-0157/2002),

–   having regard to Article 280(1) and (4) of the EC Treaty,

–   having regard to its resolutions of 13 April 2000 containing its proposals for the Intergovernmental Conference(1) of 16 May 2000 on the 1998 annual report by the Commission on protecting the Communities" financial interests and the fight against fraud(2), of 13 December 2000 on the Commission communication on protection of the Communities" financial interests(3) and of 29 November 2001 on the constitutional process and the future of the Union(4),

–   having regard to the Commission communication entitled "A project for the European Union" (COM(2002) 247),

–   having regard to Rule 163(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Budgetary Control and the opinions of the Committee on Citizens" Freedoms and Rights, Justice and Home Affairs, the Committee on Legal Affairs and the Internal Market, the Committee on Constitutional Affairs and the Committee on Petitions (A5-0048/2003),

A.   whereas fraud prejudicial to Community financial interests (which amounts each year to approximately EUR one billion and is constantly increasing) is a scourge which is recognised and condemned by all the Member States, and whereas the Community has an obligation to fight this fraud,

B.   whereas the ultimate victim of this type of fraud is the European taxpayer,

C.   whereas the existing legal instruments do not enable effective action to be taken against such fraud, owing to the fact that the 1995 Convention on the protection of the European Communities' financial interests(5) and its additional protocols have only very recently been ratified by all the Member States, the provision of mutual assistance in criminal matters is cumbersome and there are limits stemming from the administrative nature of OLAF investigations,

D.   whereas only 5% of the total number of cases dealt with by OLAF are followed up by national judicial authorities, thus demonstrating the need for a European investigative agency,

E.   whereas Eurojust exists but has an intergovernmental basis, the purpose of which is to facilitate judicial cooperation in respect of organised crime but with no scope for bringing cases to court and no power of jurisdiction, and whereas it cannot be regarded in its present form as a permanent obstacle to the establishment of a European Public Prosecutor,

F.   whereas the above observations led the Commission to submit a contribution at the December 2000 Nice Intergovernmental Conference (IGC) which contained a proposal calling for the amendments to the Treaties to include the incorporation of an Article 280a which would enable the European Public Prosecutor to be established with the basic task of directing and coordinating cross-border investigations and proceedings in respect of offences relating to EU finances, and whereas this was in response to Parliament resolutions,

G.   whereas the Nice Conference did not take up the Commission proposal but it noted the Commission's contribution and the Member States have agreed that the proposal will be considered with a possible view to being incorporated into the Treaty at the appropriate time,

H.   whereas, pursuant to Declaration 23, annexed to the Treaty of Nice, on the future of the Union, a Convention has been set up in order to prepare the work of the next Intergovernmental Conference, which is due to take place by the next European Parliamentary elections,

I.   whereas Parliament, in its abovementioned resolution of 29 November 2001, took the view that "the agenda for the reform of the Treaties should include issues which were not tackled or not resolved under the Treaty of Nice and which are essential if the Union institutions are to operate more democratically and more effectively, such as (...) the establishment of an independent European Public Prosecutor's office empowered to bring cases before the competent Member State jurisdictions in the context of the protection of the Community's financial interests",

J.   whereas, it could be necessary to make OLAF an independent and separately resourced body, with an officer in each Member State's anti-fraud office;

K.   whereas 80% of EU finances are spent within the Member States;

L.   whereas the establishment of a European Union body of substantive and procedural criminal law should be thoroughly assessed by the Convention on the Future of Europe and the Member States, and should be considered in unitary terms, avoiding proposals for partial solutions which might cause intolerable harm to the personal freedom of citizens,

M.   whereas the establishment of a European Public Prosecutor by the 2004 Intergovernmental Conference will create a major new source of Union power in relation to which legal safeguards must be provided for European citizens,

1.  Calls for the protection of the Community's financial interests as a priority objective; considers that there can be no question of returning Community powers to national level;

2.  Welcomes the Green Paper on the criminal-law protection of the financial interests of the Community and the establishment of a European Public Prosecutor;

3.  Supports the idea of establishing a European Public Prosecutor and notes the importance of protecting the Community's financial interests by a variety of means; calls at the present time on the European Convention and, in due course, on the 2004 Intergovernmental Conference, i.e. on the governments of the Member States, to ensure that the forthcoming institutional reform actually includes the establishment of a European Public Prosecutor's office;

4.  Calls upon the governments of all Member States and candidate countries to hold a substantive debate within their national political and legal establishments on the importance of combating cross-border crime;

5.  Recognises the importance of not delaying this amendment to the Treaties beyond the next IGC, for the Treaties may not be modified again in the near future, and the protection of the Community's financial interests in an enlarged Union must be secured; stresses, however, that this must not become an obstacle to successful enlargement in 2004;

6.  Supports the Commission's proposal, which is in accordance with Parliament's call for the third-pillar competences to be transferred and for the establishment of the European Public Prosecutor to be provided for in the context of a unified treaty;

7.  Notes that the establishment of a European Public Prosecutor on a first pillar basis is a further step away from the demarcation of EU powers into three areas with their separate rules and instruments in the three-pillar architecture and finds it clear that criminal law can no longer be envisaged as an area for Union regulation only in the third pillar of the EU Treaty;

8.  Stresses the need for democratic control, via Parliament, over the exercise of power by the European Public Prosecutor, who has a direct influence on the rights and freedoms of European citizens;

9.  Is of the opinion that the European Public Prosecutor should be appointed by the European Parliament, with the assent of the Council, following a nomination by the Commission of at least two candidates; furthermore, believes that this will provide the Prosecutor with the necessary democratic endorsement;

10.  Supports the procedure proposed by the Commission under Article 251 of the EC Treaty as regards the terms and conditions under which the European Public Prosecutor will perform his/her duties as this will give Parliament a role as co-legislator in this matter;

11.  Takes the view that, in order to be effective and transparent, the European Public Prosecutor must inform the Parliament of the progress of his/her work, the trend in crime and the progress in cooperation with the national public prosecutors; considers that he/she should do this by submitting annual reports to the Parliament, in which he/she should also propose a budget;

12.  Insists that the system, as proposed by the Commission in its Green Paper, be refined so as to meet efficiency criteria;

13.  Stresses that it is absolutely essential to improve and supplement the system proposed by the Commission in the Green Paper in order to ensure that fundamental rights are fully upheld and protected in the course of the new authority's work, particularly the rights of those citizens against whom the European Public Prosecutor initiates proceedings; underlines that the European Public Prosecutor should be bound by Article 6(2) of the Treaty on European Union and the Charter of Fundamental Rights, which are destined to become a legally binding part of the future Constitutional Agreement and should form an integral part of the new provisions;

14.  Takes the view that, at all events, the envisaged system of criminal law and criminal proceedings must guarantee the protection of the basic rights of those concerned on the basis of the Charter of Fundamental Rights and subject to the control of European courts;

15.  Notes that the Commission proposal does not contain any list of the procedural rights of those charged or accused and therefore calls upon the Commission to add a detailed catalogue to its proposal;

16.  Considers that it is absolutely vital to the rule of law that the offences which constitute damage to the Community's financial interests should be specified in precise detail;

17.  Considers that a uniform set of criminal acts and penalties is needed; notes that the Council has still not submitted a common position on the 23 May 2001 proposal for a directive on the criminal-law protection of Community's financial interests(6) which Parliament wishes to convert into a regulation; calls once again upon the Member States" representatives to ensure that political declarations condemning fraud prejudicial to the Community budget are followed up by legislative measures;

18.  Notes that the Convention on the protection of the European Communities' financial interests finally entered into force following ratification by all Member States; calls upon the Member States to abide by their commitments under the Convention and ratify the additional protocols;

19.  Supports the principle behind the establishment of an European Public Prosecutor and greater cooperation between national judicial authorities in a European area of security and justice, but insists that there are a number of substantive issues that have to be regulated in part under secondary legislation, such as differing legal systems and practices, language and administrative practice, the consequences for national criminal law, the risk of double jeopardy and the overlapping of competences between national and European Prosecutors, the admissibility of evidence, mutual recognition etc;

20.  Makes the following remarks:

   - as regards the independence both of the European Public Prosecutor and of his/her deputy: insists that such independence be unconditionally guaranteed, with due regard for the separation of powers, and that it be accompanied by the principle of mandatory prosecution; as regards the various possible statutes for Deputy Prosecutors, permitting such individuals to hold one office only would certainly exclude any possible conflict of interest or hierarchical dependence, even though there would be practical advantages in allowing them to wear "two hats" in the event of cases falling under more than one jurisdiction, a category into which most cases are likely to fall; wonders, therefore, how the principle of subordination to the European Public Prosecutor would actually be applied and protected, inter alia, as regards the disciplinary procedures applying to Deputy Prosecutors; calls, likewise, on the Commission to clarify the funding of the major portion of the Deputy Prosecutors" human resources and operating costs;
   - takes the view that the European Public Prosecutor and his/her deputies must work in conjunction with the national public prosecutors in the Member States, with a view to enhancing the effectiveness of their inquiries and investigating various practical problems relating to the judicial systems of the Member States;
   - believes that the Prosecutor should not have a discretionary right to close cases, but that this decision should be subject to judicial control; also takes the view that detailed criteria should be established to govern the choice of the Member State as to where the trial is to be held, in order to avoid the risks of "forum shopping";
   - also calls upon the Commission to consider the case of illegal investigations by the Prosecutor and possible means of redress through the courts;
   - as regards area of competence: considers that the existing system should initially prove itself in the field of financial interests; takes the view that this will largely depend upon the proposals from the European Convention and the decisions in the IGC as concerns communitarisation of the instruments under the third pillar;

21.  Calls on the Commission to clarify its proposal on the subject of relations between the Prosecutor and existing structures:

   - as regards relations with Eurojust, asks the European Convention to clearly define the relationship between the European Public Prosecutor and Eurojust, through the clarification of their respective powers and responsibilities; takes the view that, in future, in the interests of effective criminal law enforcement, the development of overlapping structures should be avoided and that a parallel structure with Eurojust on the one hand and a European Public Prosecutor on the other, with a partial overlap of responsibilities and powers, is not rational;
   - is of the opinion that the tasks of the European Public Prosecutor could be taken over by a strengthened Eurojust provided that Eurojust is transferred to the first pillar and there is special emphasis on the protection of the financial interests of the Community;
   - as regards relations with OLAF: regrets the fact that the Commission has not yet submitted an assessment of the current OLAF system to complement the proposal under consideration; considers that OLAF currently lies at the heart of the system to combat Community fraud but that it must be improved in such a way as to embody the legal guarantees which it requires if it is to acquire the legitimacy which it lacks; considers that OLAF should assist the European Public Prosecutor both in the forwarding of information and in the carrying out of investigations; considers, therefore, that it is quite acceptable o enlarge OLAF's remit to include powers of criminal investigation (accompanied by the necessary provisions relating to protection of the individual) and to make OLAF an entirely independent body; awaits the Commission's proposals on this point; considers that the substantial shortcomings in terms of OLAF's legal status must be remedied and that this applies both to its legal basis and to judicial control of OLAF's activities;
   - calls on the Commission to specify the nature of relations between the European Public Prosecutor and OLAF, in the context of the reform of the latter's status and objectives, and with Eurojust;

22.  Asks the Commission to consult it on the revised draft of the Green Paper which will be forwarded to the European Convention; stresses that the system should be efficient, transparent and credible, and believes that resistance to it rests on a political rather than a legal basis; demands once again that the European Convention seize this historic opportunity;

23.  Instructs its President to forward this resolution to the Council, the Commission and the European Convention.

(1) OJ C 40, 7.2.2001, p. 409.
(2) OJ C 59, 23.2.2001, p. 61.
(3) OJ C 232, 17.8.2001, p. 191.
(4) OJ C 153 E, 27.6.2002, p. 310.
(5) OJ C 316, 27.11.1995, p. 49.
(6) OJ C 240 E, 28.8.2001, p. 125.

Legal notice - Privacy policy