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 Ozone-depleting substances ***I |
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(Codecision procedure: first reading) The European Parliament, – having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 642)(1), – having regard to Articles 251(2) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5&nbhy;0554/2002), – having regard to Rule 67 of its Rules of Procedure, – having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5-0179/2003), 1. Approves the Commission proposal as amended; 2. Calls on the Commission to refer the matter to Parliament again if it intends 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 5 June 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No …./2003 amending Regulation (EC) No 2037/2000 as regards the control of halon exported for critical uses, the export of products and equipment containing chlorofluorocarbons and controls on bromochloromethane
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof, Having regard to the proposal from the Commission (2), Having regard to the Opinion of the European Economic and Social Committee (3), Having regard to the Opinion of the Committee of the Regions (4), Acting in accordance with the procedure laid down in Article 251 of the Treaty (5), Whereas: (1) In applying Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer (6), a number of issues have emerged that need to be addressed through amendments to that Regulation. These issues that relate to the effective and safe implementation of that Regulation have been discussed with the Member States in the Management Committee under that Regulation. This Regulation concerns four amendments to Regulation (EC) No 2037/2000. (2) Under Article 4(4)(iv) of Regulation (EC) No 2037/2000, the Commission is mandated to review each year the critical uses of halon listed in Annex VII to that Regulation. However, that Regulation does not provide in the context of these reviews for the establishment of timeframes for the eventual phasing out of these critical uses in the light of the identification and use of adequate alternatives. The first amendment to that Regulation provides for the possibility of establishing timeframes for reducing the use of halon for critical uses, taking into account the availability of technically and economically feasible alternatives or technologies that are acceptable from the standpoint of environment and health, when reviewing Annex VII to that Regulation. This should ensure that progress is made in reducing the quantity of halon for critical uses and thereby accelerate recovery of the ozone layer. (3) The second amendment concerns exports of halon for the critical uses listed in Annex VII to Regulation (EC) No 2037/2000. From 1 January 2004, that Regulation will permit only halon used for the purposes listed in its Annex VII to remain installed for firefighting in the European Community. These uses are deemed 'critical' as they currently have no technically and economically feasible alternatives. Any equipment containing halon that is not listed in Annex VII is therefore deemed non-critical. All non-critical installations of halon should be decommissioned by 31 December 2003. Decommissioned halon should be allowed to be stored for critical uses, exported from critical use storage or destroyed. (4) Article 11(1)(d) of Regulation (EC) No 2037/2000 permits exports of "products and equipment containing halon, to satisfy critical uses listed in Annex VII". That Article should be amended to allow bulk halon for export for critical uses until 31 December 2009 as long as it is obtained from recovered, recycled and reclaimed halon that originates from storage facilities authorised or operated by the competent authority. A review of exports of bulk halon should be called for with a view to banning exports earlier than 31 December 2009, if appropriate. Exports of halon for critical uses should be prohibited after 31 December 2003 if the halon is not from facilities authorised or operated by the competent authority to store halon for critical uses. (5) The Commission should be responsible for authorising exports for halon exported in products and equipment for critical uses. The Commission should only authorise these exports once the competent authority of the relevant Member State has verified that the exports are for one or more of the specific critical uses listed in Annex VII to Regulation (EC) No 2037/2000. In addition, the exporter should be required to report actual exports at the end of the year. (6) Member States should report annually on controlled substances including halon that are recovered, recycled, reclaimed or destroyed. Currently, Regulation (EC) No 2037/2000 mandates reporting by 31 December 2001 rather than annually, whereas annual reports will be important in the future for determining progress, especially as regards the destruction of halon that is surplus to the critical use requirements. (7) The third amendment concerns the export of controlled substances or products containing controlled substances. The export of controlled substances or products containing controlled substances should be prohibited. This ban will encourage the recovery and destruction of such controlled substances in accordance with Article 16 of Regulation (EC) No 2037/2000. The major focus is to stop the growing export trade in used refrigeration and air&nbhy;conditioning equipment, in particular domestic refrigerators, freezers and building insulation foam, containing CFCs to developing countries. In the absence of destruction facilities in developing countries, CFCs will ultimately leak into the atmosphere and cause damage to the ozone layer. In addition, developing countries are now starting to phase out CFCs and many have indicated that they do not wish to be recipients of second-hand products and equipment that contain CFCs. (8) Regulation (EC) No 2037/2000 applies not only to refrigeration and air-conditioning equipment but also to all products and equipment containing insulating foam or integral skin foam which were produced with CFCs. This could mean, for instance, that second-hand aircraft and vehicles containing rigid insulating foam, or integral skin foam blown with CFCs, could not be exported from the European Community. Since it was the intention of that Regulation to ban the export of used refrigeration and air-conditioning equipment containing CFCs, and not other products and equipment containing foam blown with CFCs, it is appropriate to amend that Regulation to exclude off-target products containing CFCs. (9) The fourth amendment concerns the provisions on new substances as set out in Article 22 and Annex II to Regulation (EC) No 2037/2000. That Regulation does not provide the same level of control for the new substance indicated in Annex II – bromochloromethane – as is applied to other controlled substances and thereby the European Community is not fully meeting all its obligations under the Montreal Protocol. In order to redress this situation, it is necessary that the provisions applying to controlled substances are also applied to bromochloromethane. (10) The amendments to Regulation (EC) No 2037/2000 are fully in line with its environmental objectives, which include further protecting the ozone layer where possible, reducing global production of ozone depleting substances (ODS), promoting safe practices for the transport of ODS, ensuring mandatory monitoring of any exports, and providing legal clarification where necessary, HAVE ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 2037/2000 is hereby amended as follows: 1) in Article 1, the first paragraph shall be replaced by the following: "This Regulation shall apply to the production, importation, exportation, placing on the market, use, recovery, recycling and reclamation and destruction of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1&nbhy;trichloroethane, methyl bromide, hydrobromofluorocarbons, hydrochlorofluorocarbons and bromochloromethane, to the reporting of information on these substances and to the importation, exportation, placing on the market and use of products and equipment containing those substances. "2) Article 2 shall be amended as follows:
3) The following point shall be added to Article 3(1): "
4) Article 4 shall be amended as follows:
5) Article 6(1) shall be replaced by the following: "1. The release for free circulation in the Community or inward processing of controlled substances shall be subject to the presentation of an import licence. Such licences shall be issued by the Commission after verification of compliance with Articles 6, 7, 8 and 13. The Commission shall forward a copy of each licence to the competent authority of the Member State into which the substances concerned are to be imported. Each Member State shall appoint a competent authority for that purpose. Controlled substances listed in groups I, II, III, IV, V and IX as listed in Annex I shall not be imported for inward processing. "6) Article 11(1) shall be amended as follows: (a) The introductory part of the first subparagraph shall be replaced by the following: "1. Exports from the Community of chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, hydrobromofluorocarbons and bromochloromethane or products and equipment, other than personal effects, containing those substances or whose continuing function relies on supply of those substances shall be prohibited. This prohibition shall not apply to exports of: "(b) Point (d) shall be replaced by the following: "
(c) The following point shall be added: "
7) The following paragraph shall be added to Article 11: "4. From 31 December 2003, exports from the Community of halon for critical uses not from storage facilities authorised or operated by the competent authority to store halon for critical uses shall be prohibited. "8) Article 12(1) shall be replaced by the following: "1. Exports from the Community of controlled substances shall be subject to authorisation. Such export authorisation shall be issued by the Commission to undertakings for the period 1 January to 31 December 2001 and for each 12-month period thereafter after verification of compliance with Article 11. Provisions governing the export authorisation of halon as a controlled substance are set out in paragraph 4. The Commission shall forward a copy of each export authorisation to the competent authority of the Member State concerned. "9) the following paragraph shall be added to Article 12: "4. Exports from the Community of halon, and products and equipment containing halon, to satisfy critical uses listed in Annex VII shall be subject to authorisation for the period 1 January to 31 December 2004 and each 12-month period thereafter. Such export authorisation shall be issued by the Commission to the exporter after verification of compliance with Article 11(1)(d) by the competent authority of the Member State concerned. An application for an export authorisation shall record:
10) Article 16(6) shall be replaced by the following: "6. Member States shall report to the Commission by 31 December 2001, and for each 12&nbhy;month period thereafter, on the systems established to promote the recovery of used controlled substances, including the facilities available and the quantities of used controlled substances recovered, recycled, reclaimed or destroyed. "11) Article 19 shall be amended as follows: (a) The following paragraph shall be added: "4a. Every year before 31 March, the exporter shall communicate to the Commission, sending a copy of the data to the competent authority of the Member State concerned, the records provided by each applicant in accordance with Article 12(4), in respect of the period 1 January to 31 December of the preceding year. "(b) Paragraph 6 shall be replaced by the following: "6. The Commission may, in accordance with the procedure referred to in Article 18(2), modify the reporting requirements laid down in paragraphs 1 to 4-A, to meet commitments under the Protocol or to improve the practical application of those reporting requirements. "12) In Annex I the following words shall be added after Group VIII: In the column headed "Group" the words "Group IX" are inserted, in the column headed "Substance" the words "CH2BrC1 (halon 1011 bromochloromethane)" are inserted and in the column headed "Ozone-depleting potential" the number "0,12" is inserted; 13) Annex II shall be deleted. Article 2 This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the European Parliament For the Council The President The President
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| Employee financial participation |
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The European Parliament, – having regard to the Commission communication (COM(2002) 364 – C5-0527/2002), – having regard to the first Commission report on the promotion of participation by employed persons in profits and enterprise results (including equity participation) in the Member States – PEPPER I(1), – having regard to the Council recommendation 92/443/EEC of 27 July 1992 on the promotion of participation by employed persons in profits and enterprise results (including equity participation)(2), – having regard to its opinion of 9 April 1992 on the Commission proposal for a Council recommendation on the promotion of employee participation in profits and enterprise results (including equity participation)(3), – having regard to its resolution of 15 January 1998 on the second Commission report on the promotion of participation by employed persons in profits and enterprise results (including equity participation) in Member States – PEPPER II (COM(1996) 697)(4), – having regard to the opinion of the Economic and Social Committee of 26 February 2003, – having regard to the working document of the European Parliament Secretariat, entitled "Employee participation in profits and ownership: a review of the issues and evidence"(5), – having regard to the studies by the European Foundation for the Improvement of Living and Working Conditions on the topic of employee financial participation(6), – having regard to Rules 47(2) and 163 of its Rules of Procedure, – having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Industry, External Trade, Research and Energy and the Committee on Women's Rights and Equal Opportunities (A5-0150/2003), A. whereas take-up of employee financial participation remains limited overall, in particular employee shareholdings, despite the legislative provisions or initiatives adopted in a number of Member States since the PEPPER reports, B. whereas employee financial participation is at a very low level in the countries of Central and Eastern Europe, and is running up against a number of specific obstacles that should be taken into account, C. having regard to the discrepancies between countries in relation to the spread of financial participation, and to the great diversity of existing employee financial participation schemes, not only as between Member States, but also within them, D. whereas it is as yet neither necessary nor desirable and practicable to harmonise fully the rules for financial participation schemes, as this would impede the flexibility of Member States" policies, but whereas current practices should be compared and coordinated, through the establishment and development of common principles (which would have to be agreed), and fiscal and social security aspects should be examined, E. whereas employee participation in capital improves the equity ratio, making it easier to raise capital from outside sources (Basle II), and both factors increase the investment capacity of the enterprise, F. whereas studies and specific examples show that employee financial participation, where it is correctly implemented, not only increases company productivity, competitiveness, and profitability, but can also, at the same time, encourage worker participation, improve the quality of employment and contribute to greater social cohesion, G. whereas there are many forms of profit-sharing and enterprise participation by employees in the European Union, for which until now there has been no European framework, H. whereas models of share ownership and profit-sharing have become established to different degrees in the different EU Member States; whereas, in particular, the French policy on participation is a good example of what financial participation can do for employment policy, I. whereas in nearly all the accession countries there is no legal or fiscal framework for employee participation, J. whereas employee financial participation can contribute to greater social responsibility on behalf of the undertakings, 1. Considers that financial participation by employees in their undertaking is one of the preconditions for achieving the European social model; 2. Welcomes the communication's general objective of greater participation by employees in the Member States and the EU in profits and productive capital and its aim to submit proposals on this subject by 2004; confirms its previous positions on profit-sharing and share ownership; 3. Considers that the Commission's proposal may be expected to have direct results regarding, specifically, the increase of employment in the framework of the Lisbon objectives; notes that positive experiences of financial participation schemes can be found both inside and outside the European Union, although in the EU the use of such schemes is not, so far, prevalent in SMEs but is mostly linked to larger companies; 4. Endorses the proposals in the communication and calls for better mutual recognition of the different national systems; 5. Considers that the following principles are essential for the functioning of a model of financial participation:
6. Supports the Commission in its intention to step up its promotion of projects to encourage financial participation in the context of the Community budget, and reiterates its call for the implementation of a specific programme, adequately financed, to promote exchanges of information and best practice, as well as educating the social partners about PEPPER schemes; 7. Emphasises that a clear distinction has to be made between schemes which offer additional income for employees linked to the results of an enterprise (profit-sharing) and those which provide for a participation of employees in enterprises" assets (including employee share ownership or stock-options); 8. Notes that, to date, the Commission has primarily recommended and described employees" profit-sharing and share ownership schemes that are based on securities, for example, shares (including employees" shares), bonds, convertible bonds and share option certificates; is concerned that the Commission has not given enough attention to other possibilities; 9. Stresses that in order to implement a policy of a broad distribution of assets, it is vitally important to convince the social partners – employers, employees and their representatives; to this end, also calls for the promotion of networks of partnerships with financial participation; 10. Considers that special attention must be given to the involvement of women in the various forms of participation and the promotion of a balanced representation of women and men in social partner organisations, particularly in company structures and workers" organisations which opt for financial participation; 11. Stresses that serious reservations on the part of both sides of industry must be borne in mind; therefore considers it necessary to take account of the concerns or fears of employees and trade unions; in particular, holding pay negotiations between management and employees and negotiations on employee financial participation simultaneously must be avoided; believes that the premise must be that employee participation will always be an additional component, and should not replace the customary basic wage or wage components, in particular pension schemes or customary wage increases; 12. Expects that the basis for such financial-participation models can also be created through free collective bargaining; 13. Recognises that as well as opportunities, financial participation also involves risks and difficulties, in particular:
14. Therefore calls on the social partners, the Member States, EU bodies and others to develop and optimise strategies to minimise risks; 15. Insists that employees who invested their money in capital participation schemes enjoy at least the same rights emerging from ownership as any comparable owner, in particular in cases where employees cannot freely dispose of their investment; 16. Considers that the Commission's assurance that the application of the financial participation system will contribute to increasing employment needs to be further researched and evaluated taking particular account of SMEs; 17. Emphasises that SMEs are facing particular difficulties as regards the implementation of the system of employee participation and that the respective cost and the administrative problems may be considered prohibitive; 18. Recommends that the Member States also promote models of participation that can be used by small and medium-sized undertakings, such as dormant partnerships, and calls for EU research into which other forms of participation are suitable for SMEs and exist or should be set up in the Member States; also calls for advisory bodies such as information offices to be set up by regional authorities and/or regional workers" alliances; 19. Calls also on the Commission to examine the conditions and arrangements under which PEPPER II schemes can be extended to public and non-commercial sectors; 20. Proposes alternative investment outlets outside the workplace for profit-shares earmarked for investment if in-house solutions are not possible in SMEs, whereby SME employees" share of profits which is not invested in their own undertaking is collected and channelled back to SMEs as a beneficial way of financing jobs; therefore recommends an increased use of:
21. Reiterates its belief that equity participation which funds jobs is more deserving of Member State support than profit shares handed out in cash to employees; 22. Advocates, in addition to fiscal solutions, savings bonuses as employment benefits to encourage capital formation, as they benefit workers who pay little or no tax, and the bonus system is easier to harmonise in transnational participation models than are tax and social security advantages; 23. Urges active solutions and the following initiatives by the European Commission, including the setting up of a working group of independent experts who, in particular, can analyse transnational challenges, such as:
24. Reiterates its call for the Commission to set up a working party made up of representatives of the social partners, Members of the European Parliament, experts, and representatives of employee-shareholder associations as well as of networks of companies that apply financial participation schemes, with responsibility for monitoring implementation of the actions proposed in the Communication for the years 2002-2004, and for investigating such future action as may become necessary; 25. Considers that recent developments on the global market call for a clear distinction between financial participation and pension schemes, with strong provisions to protect employees" acquired pension rights, to be included in the guiding principles; 26. Calls, in particular, for SME employees with shares in the company for which they work to be protected against the company's bankruptcy, at least during the blocking period, for example, by insolvency protection and/or bank guarantees; also calls for models of employee participation that are linked to pension plans to contain appropriate insurance for employees and to offset risks through a variety of investments if these are organised externally; 27. Takes the view that participation in productive capacity, capital formation to provide private and company pension schemes and capital formation by employees through home ownership should not be excluded from support; 28. Expects financial participation to improve social cohesion and productivity and to create more jobs; 29. Notes the Commission's intention to carry out a series of studies on its proposal for the system of employee participation, and calls on it to support research concerning, inter alia, the effectiveness of the system in question on the success of the enterprise, productivity, competitiveness and employment; 30. Starts from the premise that the value added to an undertaking is created by all the factors in production working together; therefore calls for stock options issues not to be reserved exclusively for management, for investigations to be carried out to ascertain whether share options can be made available to all employees and, if so, how best to do this, and what forms of, or options for, participation are available or should be created to allow employees to share in growth and in open and hidden reserves without exposing them to unacceptable risks on the world capital markets (for example, profit participation rights); 31. Urges that a future concept be explored to offer strengthened partnership structures in financial participation models, taking account of the following possibilities:
32. Considers that it is particularly important to promote the relevant trade union and management training in companies which implement employee financial participation, with attention being given to the theme of equality between women and men; 33. Warns, however, that (co-)determination on the basis of financial participation can never be a reason for preventing normal employee information and consultation rights - for which European and national law lays down minimum provisions - from operating, or considering them as less important; 34. Calls on the Commission to submit to Parliament, by the end of 2004 at the latest, studies on the issues raised in this resolution, including a study of a European monitoring body for shareholding and participation, to be set up under the auspices of the European Foundation; 35. Stresses that attention must be paid to the new Member States, where financial participation has not developed to any great extent and the requisite legal and taxation frameworks are lacking; 36. Instructs its President to forward this resolution to the Council, the Commission, the Economic and Social Committee and the European social partners, and the Parliaments of the Member States and the candidate countries.
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| Official controls on products of animal origin intended for human consumption ***I |
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(Codecision procedure: first reading) The European Parliament, – having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 377(1)), – having regard to Article 251(2) and Article 152(4) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5&nbhy;0340/2002), – 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 opinions of the Committee on Agriculture and Rural Development and the Committee on Fisheries (A5&nbhy;0156/2003), 1. Approves the Commission proposal as amended; 2. 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; 3. Instructs its President to forward its position to the Council and Commission. Position of the European Parliament adopted at first reading on 5 June 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No …./2003 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b) thereof, Having regard to the proposal from the Commission(2), Having regard to the opinion of the Economic and Social Committee(3), Having regard to the opinion of the Committee of the Regions(4), Acting in accordance with the procedure laid down in Article 251 of the Treaty(5), Whereas: (1) Regulation (EC) No …/2003 of the European Parliament and of the Council of … [on the hygiene of foodstuffs](6) lays down general hygiene rules applying to all foodstuffs, while specific hygiene rules for food of animal origin are contained in Regulation (EC) No …/2003 of the European Parliament and of the Council of … [laying down specific hygiene rules for food of animal origin](7). (2) Regulation (EC) No …/2003 of the European Parliament and of the Council of … [on official feed and food controls](8) lays down the general rules for performing official controls of foodstuffs. (3) In addition to the general rules for performing official controls of foodstuffs, specific rules should be laid down for official controls on products of animal origin in order to take account of the specific aspects associated with such products. (4) Official controls on products of animal origin should cover all aspects which are important for protecting public health, animal health and animal welfare. They should be based on the most recent information available and should therefore be adapted as relevant new information becomes available. (5) Community legislation on food safety should have a sound, verifiable scientific basis. To that end, the European Food Safety Authority should be consulted on a regular basis to ensure that scientific advice is up-to-date, independent and properly assessed. (6) The nature and intensity of the official controls should be based on an assessment of the public and animal health risks, the animal welfare aspects and the product suitability aspects related to the species and category of animals, the type of process and the food business operator concerned. The official controls should take into account the flexible provision for artisanal businesses, and small and medium-sized businesses in Regulation (EC) No .../2003 [on food hygiene], and Regulation (EC) No .../2003 [laying down specific hygiene rules for food of animal origin]. Such flexible treatment should not entail any restriction on hygiene. (7) Producers and food business operators who perform better with regard to food safety and whose products present less risk should receive a reward for their investment in the form of lower inspection costs. (8) Official controls on the production of meat should be carried out to ensure that hygiene rules are continuously being respected and that the criteria and targets laid down in Community legislation are being met by food business operators. These official controls should consist of audits of the food business operators' activities, and of inspection activities, including checks on the businesses" own controls. (9) Official controls on the production of live bivalve molluscs and on fishery products, which should be differentiated according to the different species involved, should be carried out to ascertain that the criteria and targets laid down in Community legislation are being met. Official controls on the production of live bivalve molluscs should among other things target relaying and production areas for bivalve molluscs, and the end-product. (10) Furthermore, official controls on the production of milk and milk products should be carried out to ascertain that the criteria and targets laid down in Community legislation are being met. Official controls on the production of milk and milk products should among other things target production holdings, raw milk upon collection and processed dairy products. (11) The implementing provisions for the Annexes to this Regulation should be adopted by use of the regulatory procedure provided for in Article 5 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(9), HAVE ADOPTED THIS REGULATION: CHAPTER I GENERAL PROVISIONS Article 1 Scope This Regulation lays down the specific rules for the organisation of official controls of products of animal origin intended for human consumption. It shall apply in addition to Regulation (EC) No …/2003 [on official feed and food controls] and Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(10). This Regulation shall apply only to activities and persons to which Regulation (EC) No .../2003 [on food hygiene] and Regulation (EC) No .../2003 [laying down specific hygiene rules for food of animal origin] apply.
Article 2 Definitions
The following definitions shall also apply: a) "Official veterinarian' means a veterinarian qualified, in accordance with this Regulation, to act in such a capacity and appointed by the competent authority. b) "Official auxiliary' means a member of staff qualified, in accordance with this Regulation, to act in such a capacity, appointed by the competent authority and working under the authority and responsibility of an official veterinarian. c) "Health mark' means a mark applied by or under the responsibility of the official veterinarian indicating that all the requirements of this Regulation have been met. d) "Artisanal small business' means a registered business which produces exclusively for a limited local market. CHAPTER II OFFICIAL CONTROLS OF COMMUNITY ESTABLISHMENTS Article 3 Approval of establishments 1. Where Community legislation requires establishments to be approved, the competent authority shall make an on-site visit. They shall approve establishments only if it has been demonstrated that they comply with the provisions of Regulation (EC) No .../2003 [on food hygiene] and Regulation (EC) No .../2003 [laying down specific hygiene rules for food of animal origin] and the relevant requirements of food law. In establishments starting up their activities, the competent authority shall grant a conditional approval if it appears from an on-site visit that all of the infrastructure and equipment requirements are adhered to. The duration of the validity of the conditional approval shall be determined by the competent authority and cannot be extended. 2. Approved establishments shall be given an approval number to which codes shall be added to indicate the types of products of animal origin manufactured. For wholesale markets, the approval number may be completed with a secondary number indicating units or groups of units selling or manufacturing products of animal origin. 3. Member States shall maintain up-to-date lists of approved establishments with their respective approval numbers. These lists should be available online for consultation by all Member States in the single format defined by the Commission. Article 4 General principles of official controls
Article 5 Official controls of establishments processing fresh meat 1. Member States shall ensure that official controls are carried out in accordance with Annex I at slaughterhouses, game handling establishments and cutting plants. 2. Official controls shall be carried out at these establishments in accordance with Annex I, Chapter 1, heading I.1, by official veterinarians, who shall in particular check
3. The official veterinarian shall carry out inspections at these establishments in accordance with Annex I, Chapter 1, heading I.2, with particular reference to the following aspects:
4. After having performed the inspections referred to in paragraphs 2 and 3, the official veterinarian shall carry out the appropriate measures in accordance with Annex I, Chapter 1, heading I.2. 5. The official veterinarian may be assisted by official auxiliaries or staff of the establishment in accordance with Annex I, Chapter 2, heading I. 6. Member States shall ensure that they have sufficient staff for inspections to enable official controls to be carried out as frequently as required by Annex I, Chapter 2, heading II. 7. Member States may permit staff at a slaughterhouse to perform certain official control duties relating to the production of poultry meat and rabbit meat. 8. Member States may permit staff at a slaughterhouse to perform certain official control duties relating to the taking of samples and the performance of tests in accordance with Annex I, Chapter 2, heading III. 9. Member States shall ensure that official veterinarians and official auxiliaries can obtain the required qualifications and appropriate training in accordance with Annex I, Chapter 2, heading IV. Article 6 Official controls of establishments producing live bivalve molluscs Member States shall ensure that establishments producing live bivalve molluscs are subject to official controls in accordance with Annex II. Article 7 Official controls of establishments processing fishery products Member States shall ensure that establishments processing fishery products are subject to official controls in accordance with Annex III. Article 8 Official controls of establishments producing or processing milk or milk products Member States shall ensure that establishments producing or processing milk or milk products are subject to official controls in accordance with Annex IV. Article 9 Sanctions Should a body responsible for carrying out controls detect a failure to observe the hygiene principles relating to animal products intended for human consumption, uniform sanctions identical in all the Member States shall be imposed on the offenders. Where necessary, such sanctions may take the form (following validation by the appropriate control body) of a shut-down of the offending business by the authorities and may require a description of the offences detected to be displayed in public. CHAPTER III IMPORTATION OF PRODUCTS OF ANIMAL ORIGIN FROM THIRD COUNTRIES Article 10 Basic provisions The provisions of the Annexes to this Regulation shall apply without prejudice to the animal health requirements for the importation of products of animal origin laid down in Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(11). Article 11 Provisions for drawing up lists of third countries or regions of third countries from which imports of products of animal origin are permitted 1. In order to ensure compliance with the general provisions referred to in Article 12 of Regulation (EC) No …/2003 [on the hygiene of foodstuffs], the provisions of this Article shall apply. 2. In accordance with the procedure referred to in Article 17, the Commission shall draw up lists of the third countries from which imports of products of animal origin are permitted. These lists are to be drawn up after a Community inspection visit.
3. In accordance with the procedure referred to in Article 17, the Commission shall lay down, for each product or group of products, special import conditions for each third country or group of third countries, having regard to the health situation in the third country or countries concerned.
4. In accordance with the procedure referred to in Article 17, the Commission shall, where appropriate, lay down general import conditions for a given product. Article 12 Conditions for drawing up and updating lists of establishments, including factory vessels and freezer vessels An establishment, factory vessel or freezer vessel or, in the case of live bivalve molluscs, a production or harvesting area shall only dispatch products of animal origin to the Community if it appears on a list to be established and kept up-to-date in accordance with the following procedures: 1. Equivalence agreements Drawing up and updating the lists of establishments must comply with the provisions of the relevant equivalence agreement. 2. Lists drawn up by the Commission
3. Authorisation to a third country to draw up and update lists of establishments
Each establishment must be given an approval number. (b) The approval of factory vessels and freezer vessels is to be carried out by the competent authority of the third country of which the vessel is flying the flag. (c) The approval of production and harvesting areas for live bivalve molluscs is subject to compliance with the rules applicable for that purpose within the Community. (d) In the event of non-compliance with the Community requirements, the competent authority must have real powers to ensure:
(e) An up-to-date list is to be transmitted by the competent authority in a third country to the Commission, which makes it available to any interested third party on a dedicated site on the Internet. Only establishments appearing on this list may dispatch products of animal origin to the Community. 4. Case-by-case decisions To deal with specific situations and in accordance with the procedure referred to in Article 17, imports may be authorised directly from an establishment of a third country where the latter is unable to provide the guarantees referred to under Article 11. In this event, the establishment in question must receive special approval following a Commission inspection. The approval decision must lay down the specific import conditions to be followed for products coming from that establishment. Article 13 Other provisions 1. Only products from a third country which
2. If necessary, special conditions for the importation of products intended for specific purposes may be adopted by the Commission in accordance with the procedure referred to in Article 17. CHAPTER IV FINAL PROVISIONS Article 14 Amendment of the Annexes, implementing rules and transitional measures 1. The Annexes to this Regulation may be amended or supplemented to take account of scientific and technical progress in accordance with the procedure referred to in Article 17(2). Whenever necessary, the Commission shall consult the European Food Safety Authority before making a proposal. 2. Implementing rules to ensure uniform implementation of this Regulation may be adopted in accordance with the procedure referred to in Article 17(2). Whenever necessary, the Commission shall consult the European Food Safety Authority before making a proposal. 3. Transitional measures may be laid down in accordance with the procedure referred to in Article 17(2). Article 15 Implementing rules
Article 16 Flexibility 1. Member States may, without compromising the objectives of this Regulation, adopt national measures adapting the requirements laid down in the Annexes in accordance with paragraphs 2 to 5. 2. The national measures referred to in paragraph 1 shall:
3. Any Member State wishing to adopt national measures as referred to in paragraph 2 shall notify the Commission and the other Member States. The notification shall:
4. The other Member States shall have three months from the receipt of a notification as referred to in paragraph 3 to send written comments to the Commission. The Commission may, and if it receives written comments from one or more Member States shall, consult Member States within the committee referred to in Article 17(1). The Commission may decide, in accordance with the procedure referred to in Article 17(2), whether the envisaged measures may be implemented subject, if necessary, to appropriate amendments. Where appropriate, the Commission may propose general measures in accordance with paragraphs 1 or 2. 5. A Member State may adopt national measures adapting the requirements of Annex I only:
Article 17 Standing committee procedure 1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health instituted by Article 58 of Regulation (EC) No 178/2002. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to Article 8 thereof. 3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months. 4. The committee shall adopt its rules of procedure. Article 18 Entry into force This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union. It shall apply as from ...(12). This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at , For the European Parliament For the Council The President The President ANNEX I FRESH MEAT The specific rules mentioned in this Annex apply to slaughterhouses, game handling establishments and cutting plants. Chapter 1 Type of controls and decisions following controls I. TASKS OF THE OFFICIAL VETERINARIAN I.1 Auditing tasks of the official veterinarian The official veterinarian shall carry out audits in food businesses with a view to checking whether the food business operator complies with the requirements of Regulation (EC) No .../... [on the hygiene of foodstuffs], Regulation (EC) No .../... [laying down specific hygiene rules for food of animal origin] and Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(13), and consequently has taken all appropriate measures to ensure good hygienic practices and safe meat. These audits include: A. Audits of good hygienic practices.
B. Audits of the procedures based on the principles of hazard analysis and critical control points (HACCP). Such audits are carried out to verify whether all HACCP principles are continuously and properly applied and whether the HACCP-based procedures
C. Audits of the use of guides. Where the food business operator, to comply with legal requirements, uses national or Community guides to good practice, the correct use of these guides shall be audited. D. Performance of these audits.
I.2 Inspection tasks of the official veterinarian The results of the audits carried out under I.1 shall be taken into account by the official veterinarian in carrying out his inspection tasks and shall affect, where appropriate, the way these tasks are carried out. The following issues shall be covered by the inspection tasks: A. Food chain information 1. The relevant information contained in the records of the holding of provenance of the animals, which shall be made available by the operator of the holding in accordance with Regulation (EC) No …/2003 [on the hygiene of foodstuffs], shall be checked and analysed by the official veterinarian before slaughter of the animals. This information shall cover at least:
2. The following shall be laid down in accordance with the procedure in Article 17:
3. In carrying out ante- and post-mortem inspection, the official veterinarian shall take into account the documented results of the check and analysis of this information. 4. In carrying out his inspection tasks, the official veterinarian shall take into account official certificates accompanying the animals, and possible declarations of veterinarians carrying out controls at the level of primary production, including official veterinarians and approved veterinarians taking part in a surveillance network system, as foreseen by Article 14 of Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine(14). 5. When the operators in the food chain take additional measures to guarantee food safety by implementing integrated systems, private control systems, independent third party certification or by other means, and when these measures are documented and the animals covered by these schemes clearly identifiable, the official veterinarian may take this into account in carrying out his inspection tasks and in reviewing the HACCP-based procedures. B. Ante-mortem inspection(15) 1. Before slaughter, all animals must undergo an ante-mortem inspection by the official veterinarian. The animals must undergo ante-mortem inspection within 24 hours of arrival at the slaughterhouse and less than 24 hours before slaughter. In addition, the official veterinarian may require inspection at any other time. 2. The inspection must determine, in particular, whether:
3. The official veterinarian shall, at the slaughterhouse, also carry out clinical inspection of all animals that the food business operator or official auxiliaries may have put aside as being unfit for slaughter. 4. Where provided for in this Regulation, part of the ante-mortem inspection can be carried out at the holding of provenance of the animals. 5. In case of emergency slaughter outside the slaughterhouse, the official veterinarian in the slaughterhouse shall examine the certificate, issued by the veterinarian, in accordance with Regulation (EC) No …/2003 [laying down specific hygiene rules for food of animal origin]. C. Animal welfare The official veterinarian shall verify compliance with the relevant Community and national rules on the welfare of animals, such as the rules concerning the protection of animals at the time of slaughter and the rules concerning the protection of animals during transport. D. Post-mortem inspection 1. The carcase and accompanying offal shall be subjected without delay to post-mortem inspection. All external surfaces shall be viewed; minimal handling of the carcase and/or offal, and/or special technical facilities, may be required for that purpose. Particular attention shall be paid to the detection of zoonotic diseases, diseases listed on List A of the OIE and other notifiable diseases. The speed of the slaughter line and inspection staffing level shall be such as to allow for proper inspection. Depending on the animal species, the type of holding or the country or region of origin, and based on the principles of risk analysis, additional palpation, incisions or laboratory tests are required as referred to in Chapter 3. 2. Additional examination shall take place, such as palpation and incision of parts of the carcase and offal, and laboratory tests in order to:
3. Carcases of domestic solipeds, bovine animals over six months old, and domestic swine over four weeks old shall be submitted for post-mortem inspection split lengthwise into half carcases down the spinal column. If the inspection so necessitates, the official veterinarian may require any head or any carcase to be split lengthwise. However, to take account of technological developments or specific sanitary situations, the competent authority may authorise the submission for inspection of carcases of domestic solipeds, bovine animals over six months old, and domestic swine over four weeks old not split in half. 4. During the inspection precautions must be taken to ensure that contamination of the meat by actions such as palpation, cutting or incision is kept to a minimum. 5. Alternative procedures, serological or other laboratory tests may, after consultation of the European Food Safety Authority and following the procedure referred to in Article 17, replace specific post-mortem inspection procedures described in Chapter 3 of this Annex when these give at least equivalent guarantees. The decision to use alternative procedures shall be taken by the competent authority. 6. In the event of emergency slaughter, the carcase shall be subjected as soon as possible to post-mortem inspection, in accordance with points 1 to 5, before being declared fit for human consumption. E. Specified Risk Materials (SRMs) In accordance with the specific Community rules on SRMs the removal, separation, staining and, where appropriate, marking of SRMs shall be checked by the official veterinarian. He shall ensure that the food business operator takes all the necessary measures to avoid contamination of the meat with SRM during slaughter (including stunning) and removal of SRM. F. Laboratory testing and base-line studies on pathogens 1. The official veterinarian shall carry out sampling and ensure the samples are identified, handled and sent to the appropriate laboratory in accordance with the relevant specifications and taking into consideration other Community rules laid down in the fields of zoonoses, transmissible spongiform encephalopathies and residues in the framework of:
2. Where necessary, detailed rules for laboratory testing shall be laid down in accordance with the procedure referred to in Article 17. This includes specific rules for base-line studies on Salmonella spp., Campylobacter spp., verotoxin producing Escherichia coli and multi-resistant bacterial strains. G. Health and identification marking 1. After completion of the post-mortem inspection, carcases, half carcases, quarters and carcases cut into three pieces must be health-marked by stamping the mark in ink or hot-branding the mark on the external surface so as to ensure that the number of the establishment is easily identifiable. 2. For this purpose, the official veterinarian shall supervise:
3. The health mark can only be applied when the animal (from which the meat has been obtained) has been inspected ante-mortem by the official veterinarian(18) and when all the other requirements of this Regulation have been met. If the carcase is identifiable up until the moment that the result of the trichinosis inspection or the residue inspection is available, the health mark may be applied beforehand. The carcase or the products manufactured therefrom may not, however, be placed on the market before the results of the trichinosis inspection are available. 4. The health mark must be:
5. Carcases must be stamped in ink or hot-branded in accordance with point 4:
6. The livers of bovine animals, swine and solipeds must be marked immediately in accordance with point 4, either directly on the product by hot-branding or on the wrapping or packaging. The mark in accordance with point 4 must be applied to a label fixed to the wrapping or packaging or printed on the packaging. 7. All other sub-products of slaughtering fit for human consumption must be marked immediately in accordance with point 4, either directly on the product or on the wrapping or packaging. The mark in accordance with point 4 must be applied to a label fixed to the wrapping or packaging or printed on the packaging. 8. Packaging must always be marked in accordance with point 9. 9. Packaged cut meat and packaged offal referred to in point 6 and point 7 must bear a health mark in accordance with point 4. The mark must be applied to a label fixed to the packaging, or printed on the packaging, in such a way that it is destroyed when the packaging is opened. Non-destruction of the mark must be tolerated only when the packaging is destroyed by being opened. However, when wrapping fulfils all the protective conditions of packaging, the label referred to above may be affixed to the wrapping. 10. Where fresh meat is wrapped in commercial portions intended for direct sale to the consumer, points 7 and 9 shall apply. The dimension requirements of point 4 need not apply to the mark required under this point. If meat is re-packaged in a plant other than that in which it was first wrapped, the wrapping must bear the health mark of the cutting plant where it was first wrapped, and the packaging must bear the health mark of the packaging centre. 11. Meat from solipeds and its packaging must bear a special mark, to be determined in accordance with the procedure referred to in Article 17. 12. The colours used for health marking must be those listed in the relevant Community legislation on colours for use in foodstuffs. 13. Health marks may not be removed unless the meat is further worked upon in another separate approved establishment where the original mark must be replaced by a mark with that establishment's own number. Traceability shall be ensured by means of documentation. H. Communication of inspection results 1. The official veterinarian shall record and evaluate the results of his inspection activities. If this reveals the presence of any disease or condition which might affect public or animal health, or compromised animal welfare, this information shall be communicated to:
The official veterinarian may withhold certain information if it is not relevant to a particular person. Once the information has been communicated, action must be taken by the persons responsible in their sphere of competence to remedy the situation. 2. The results of inspections and tests shall be communicated to the relevant databases. 3. Where the animals concerned were raised in another Member State or in a third country, the finding of a disease or condition which might affect public or animal health, or compromised animal welfare, shall be communicated to the food business operator and to the central competent authority of the Member State where the food business is located. The latter shall inform the Commission in case the animals concerned were raised in a third country. 4. When the official veterinarian, while carrying out ante- or post-mortem inspection or any other inspection activity, suspects the presence of an infectious agent mentioned on List A of the OIE, he shall immediately notify the central competent authority. He shall take all necessary measures and precautions to prevent the possible spread of the infectious agent. This includes the shut-down of the establishment, with no further movements either on or off the premises, until either the absence of the agent has been confirmed or all the necessary restrictions and measures have been put in place. 5. Detailed rules concerning the communication of inspection results shall be adopted if necessary, in accordance with the procedure referred to in Article 17. II. DECISIONS FOLLOWING CONTROLS Where, following controls, deficiencies, non-compliance or irregularities are found, appropriate measures shall be taken. These include: A. Decisions following audit of good hygienic practices and HACCP-based procedures 1. When audit of good hygienic practices or HACCP-based procedures reveals non-compliance, the official veterinarian shall require the food business operator to review the process controls immediately, discover the cause if possible, rectify the non-compliance and prevent recurrence. Depending on the nature of the problem, measures such as slowing down or suspending the process may be taken by the official veterinarian. 2. Whenever the audit of good hygienic practices or HACCP-based procedures or other investigations reveal that meat may be placed on the market that, according to heading II.E of this sub-chapter, is to be considered unfit for human consumption, and the food business operator fails to adapt immediately the procedures, the slaughtering or cutting process shall be stopped. The process shall only resume when the official veterinarian is satisfied that the situation is under control. A similar procedure shall also apply whenever considered necessary by the official veterinarian. 3. Where appropriate, the official veterinarian shall order a recall, further examination and, when necessary, withdrawal and/or destruction of meat. 4. When the process has to be stopped repeatedly for the same or other causes, and the food business operator is not able to prevent recurrence, the competent authority shall start the procedure of withdrawal of the approval of the establishment. The decision to do so shall be published without delay. 5. Member States shall ensure that adequate appeal procedures are available to food business operators. Resort to appeal may not result in any delay or postponement of the implementation of the measures laid down in this Regulation. B. Decisions concerning the food chain information 1. Where the records of the holding of provenance of the animals do not contain the relevant food safety information, although it could be produced, the animals shall not be authorised for slaughter. The operator of the slaughterhouse shall take measures to ensure that the necessary information is forwarded as quickly as possible and shall, in agreement with the official veterinarian, take measures to ensure the welfare of the animals. The cost of those measures shall be borne by the establishment which has caused the delay. Should all these measures not result in the necessary information for food safety being obtained, the animals shall be killed separately and declared unfit for human consumption. 2. In the case of emergency slaughter outside the slaughterhouse, the food chain information shall also be supplied before the carcase can be approved for human consumption. Pending a final judgment, such a carcase and the related offal shall be stored separately from the other meat. Otherwise, where the information is lacking, the carcase shall be declared unfit for human consumption. 3. When the accompanying records, documentation and other information show that:
4. When the competent authority discovers that the accompanying records, documentation and other information do not correspond with the true situation on the holding of provenance or the true condition of the animals or sought deliberately to mislead the official veterinarian, the competent authority shall take action against the person responsible for the holding of provenance of the animals, or any other person involved, among others by carrying out additional controls. The costs of these additional controls shall be borne by the operator of the holding of provenance or the other persons involved. C. Decisions concerning live animals 1. When animals are not properly identified, or where their provenance or classification cannot be established by other means, the official veterinarian shall decide whether they may be slaughtered. Whenever considered necessary by the official veterinarian to avoid health hazards for humans and animals, these animals shall be killed. The official veterinarian may also decide that official controls shall be carried out on the holding of provenance. 2. When there are overriding animal welfare considerations, horses may be slaughtered even if the legally required information concerning identity has not been supplied; however, this information shall be supplied before the carcase can be approved for human consumption. This also applies in case of emergency slaughter of horses outside the slaughterhouse. 3. Animals that have such hide, skin or fleece conditions that there is an increased risk of contamination of the meat during slaughter shall not be slaughtered for human consumption. 4. Animals with a disease or condition which may be transmitted to animals or humans through handling or eating the meat, and, in general, animals showing clinical signs of systemic disease or emaciation, shall not be slaughtered for human consumption. Such animals shall be killed separately, under conditions such that other animals or carcases cannot be contaminated, and shall be declared unfit for human consumption. 5. The slaughter of animals suspected of having a disease or condition which may adversely affect human or animal health shall be deferred. These animals shall undergo detailed examination in order to make a diagnosis. Where post-mortem inspection is necessary in order to make a diagnosis the official veterinarian may decide that the animals must undergo a post-mortem inspection supplemented, if necessary, by sampling and laboratory examinations. The animals shall be slaughtered separately or at the end of the normal slaughtering, taking all necessary precautions to avoid possible contamination of other meat. 6. Animals which might have residues of veterinary medicinal products in excess of the levels laid down in Community legislation, or residues of forbidden substances, shall be dealt with in accordance with Directive 96/23/EC. 7. The treatment of animals under a specific scheme for the eradication or control of a specific disease such as brucellosis or tuberculosis or other zoonotic agents such as salmonellosis shall be carried out under the conditions imposed by, and the direct supervision of, the official veterinarian; the competent authority shall determine the measures and conditions under which these animals will be slaughtered. 8. Once animals have arrived within the perimeter of slaughterhouse premises, they shall not leave these premises alive except in the case of a serious breakdown of the slaughter facilities. In these circumstances, only movements direct to another slaughterhouse shall be allowed, and only if this is necessary in the interests of animal welfare and the animals are in such a condition that there is a greater than normal risk of contamination of the meat during slaughter. D. Decisions concerning animal welfare 1. When the rules concerning the protection of animals at the time of slaughter or killing are not respected, the official veterinarian shall require the food business operator to take the necessary corrective measures immediately and prevent recurrence. Depending on the nature of the deficiency, measures such as slowing down or stopping the slaughter process may be taken by the official veterinarian. Where appropriate, the official veterinarian shall inform other competent authorities. 2. When the official veterinarian discovers that rules concerning the protection of animals during transport are not being respected, he shall take the necessary measures in accordance with the relevant Community legislation. The decision to do so shall be published without delay. E. Decisions concerning meat 1. The following shall be declared unfit for human consumption:
2. The official veterinarian shall stipulate which products may be marketed in the pet food sector in the light of Regulation (EC) No 1774/2002. Chapter 2 Responsibilities and frequency of controls I. THE INSPECTION TEAM
II. THE FREQUENCY OF CONTROLS 1. The competent authority shall guarantee appropriate official supervision in food businesses. The nature and intensity of the official supervision shall be based on a regular assessment of the public and animal health risks, the animal welfare aspects and the product suitability aspects related to the species and category of animals slaughtered, the type of process and the food business operator concerned. In the calculation of staffing on the slaughter line, a scientific approach shall be followed. The number of official staff or staff of the establishment involved shall be such that all the requirements of this Regulation can be applied. 2. Care shall be taken to ensure that:
A. Professional qualifications of the official veterinarian 1. Only veterinarians who have passed a test organised by the competent authority, as defined by Regulation (EC) No …/2003 [on official feed and food controls], or by the organisation designated for that purpose by the competent authority, or who are already practising or whose professional training satisfies the requirements of this Regulation, may be appointed as official veterinarians. 2. The test should cover at least the following subjects:
3. The veterinarian shall be capable of multidisciplinary co-operation. 4. Detailed rules concerning the content of the test referred to above shall be adopted, where appropriate, in accordance with the procedure referred to in Article 17. 5. In addition, the veterinarian shall receive at least 200 hours of practical training to be appointed as an official veterinarian. The practical training shall be provided by official veterinarians, shall take place in slaughterhouses, cutting plants, inspection posts for fresh meat and holdings and shall concern, among other things, auditing of food safety management systems. 6. The official veterinarian shall maintain up-to-date knowledge and keep abreast of new developments through annual continuing education activities and professional literature. 7. Veterinarians already appointed as official veterinarians and part-time official veterinarians shall, where necessary, acquire the required knowledge on the subjects mentioned above through continuing education activities. Adequate provision should be made by the competent authority in this respect. 8. Notwithstanding the provisions of points 1 to 5, Member States may lay down special rules for part-time official veterinarians responsible for inspecting artisanal small businesses. B. Professional qualifications of the official auxiliaries 1. Only persons who have passed a test organised by the competent authority of the Member States, or by the organisation designated for that purpose by that central authority, may be appointed as official auxiliaries. 2. Only candidates who prove that they have:
3. The training and tests shall focus either on red meat or poultry meat. However, persons who were trained for one of the two categories and passed the test, may undergo a shortened training to pass the test for the other category. 4. The tests for official auxiliaries shall consist of a theoretical part and a practical part and shall cover the following subjects:
− HACCP and the audit of HACCP-based procedures;
C. Professional qualifications of staff of the establishment Staff of the establishment who carry out tasks of official auxiliaries under the supervision of the official veterinarian shall hold the same professional qualifications as set out under B for official auxiliaries. Such staff of the establishment shall also maintain up-to-date knowledge and keep abreast of new developments through annual continuing education activities and professional literature. Chapter 3 Specific requirements The specific requirements laid down in this Chapter apply in addition to the requirements of Chapters 1 and 2. I. DOMESTIC BOVINE ANIMALS I.1 Bovine animals over six weeks old A. Food chain information 1. Animals from the same holding of provenance may be delivered for slaughter only if the slaughterhouse operator and the official veterinarian have available the information referred to under Chapter 1, heading I.2.A. Slaughter may only be carried out if the official veterinarian raises no objections. Delays to slaughter caused by late or incomplete forwarding of information and/or additional measures shall be communicated to the primary producer and any costs incurred shall be borne by the party causing the delays. In all other cases, the type and extent of the information is dependent on the type of production, the options available to the primary producer and on any uncontrollable circumstances. If the information is not clear, the official veterinarian shall decide whether to carry out additional inspections, or tests before and during slaughter. If, owing to a lack of information, there is a suspicion of a risk to humans and animals, these animals are to be killed and declared unfit for human consumption. 2. If there are compelling reasons for doing so, the official veterinarian may decide that the animals shall be slaughtered in the slaughterhouse, even if the relevant food chain information is not available; however, all food chain information which the official veterinarian requires for a post-mortem examination must be available before the carcase may be released for consumption. Until a definitive decision is made, such carcases and the by-products of slaughter shall be stored separately from other meat. B. Post-mortem inspection Carcases and offal of bovine animals over six weeks old shall undergo the following post-mortem inspection procedures: a) visual inspection of the head and throat; incision and examination of the sub-maxillary, retropharyngeal and parotid lymph nodes (Lnn retropharyngiales, mandibulares and parotidei); examination of the external masseters, in which two incisions must be made parallel to the mandible, and the internal masseters (internal pterygoid muscles), which must be incised along one plane. The tongue must be freed to permit a detailed visual inspection of the mouth and the fauces and must itself be visually inspected and palpated. The tonsils must be removed;
c) visual inspection of the pericardium and heart, the latter being incised lengthwise so as to open the ventricles and cut through the interventricular septum; d) visual inspection of the diaphragm; e) visual inspection and palpation of the liver and the hepatic and pancreatic lymph nodes, (Lnn portales); incision of the gastric surface of the liver and at the base of the caudate lobe to examine the bile ducts; f) visual inspection of the gastro-intestinal tract, the mesentery, the gastric and mesenteric lymph nodes (Lnn. gastrici, mesenterici, craniales and caudales); palpation and, if necessary, incision of the gastric and mesenteric lymph nodes; g) visual inspection and, if necessary, palpation of the spleen; h) visual inspection of the kidneys and incision, if necessary, of the kidneys and the renal lymph nodes (Lnn. renales); i) visual inspection of the pleura and the peritoneum; j) visual inspection of the genital organs; k) visual inspection and, if necessary, palpation and incision of the udder and its lymph nodes (Lnn. supramammarii). In cows, each half of the udder must be opened by a long, deep incision as far as the lactiferous sinuses (sinus lactiferes) and the lymph nodes of the udder must be incised, except when the udder is excluded from human consumption. I.2 Bovine animals under six weeks old Carcases and offal of bovine animals under six weeks old shall undergo the following post-mortem inspection procedures: a) visual inspection of the head and throat; incision and examination of the retropharyngeal lymph nodes (Lnn retropharyngiales); inspection of the mouth and fauces; palpation of the tongue; removal of the tonsils; b) visual inspection of the lungs, trachea and oesophagus; palpation of the lungs; incision and examination of the bronchial and mediastinal lymph nodes (Lnn. bifucationes, eparteriales and mediastinales). The trachea and the main branches of the bronchi must be opened lengthwise and the lungs must be incised in their posterior third, perpendicular to their main axes; these incisions are not necessary where the lungs are excluded from human consumption; c) visual inspection of the pericardium and heart, the latter being incised lengthwise so as to open the ventricles and cut through the interventricular septum; d) visual inspection of the diaphragm; e) visual inspection of the liver and the hepatic and pancreatic lymph nodes, (Lnn portales); palpation and, if necessary, incision of the liver and its lymph nodes; f) visual inspection of the gastro-intestinal tract, the mesentery, the gastric and mesenteric lymph nodes (Lnn. gastrici, mesenterici, craniales and caudales); palpation and, if necessary, incision of the gastric and mesenteric lymph nodes; g) visual inspection and, if necessary, palpation of the spleen; h) visual inspection of the kidneys; incision, if necessary, of the kidneys and the renal lymph nodes (Lnn. renales); i) visual inspection of the pleura and peritoneum; j) visual inspection and palpation of the umbilical region and the joints. In the event of doubt, the umbilical region must be incised and the joints opened; the synovial fluid must be examined. II. DOMESTIC SHEEP AND GOATS Post-mortem inspection Carcases and offal of sheep and goats shall undergo the following post-mortem inspection procedures: a) visual inspection of the head after flaying and, in the event of doubt, examination of the throat, mouth, tongue and retropharyngeal and parotid lymph nodes. Without prejudice to animal&nbhy;health rules, these examinations are not necessary if the competent authority is able to guarantee that the head, including the tongue and the brains, will be excluded from human consumption; b) visual inspection of the lungs, trachea and oesophagus; palpation of the lungs and the bronchial and mediastinal lymph nodes (Lnn. bifucationes, eparteriales and mediastinales); in the event of doubt, these organs and lymph nodes must be incised and examined; c) visual inspection of the pericardium and heart; in the event of doubt, the heart must be incised and examined; d) visual inspection of the diaphragm; e) visual inspection of the liver and the hepatic and pancreatic lymph nodes, (Lnn portales); palpation of the liver and its lymph nodes; incision of the gastric surface of the liver to examine the bile ducts;
g) visual inspection and, if necessary, palpation of the spleen; h) visual inspection of the kidneys; incision, if necessary, of the kidneys and the renal lymph nodes (Lnn. renales); i) visual inspection of the pleura and peritoneum; j) visual inspection of the genital organs;
l) visual inspection and palpation of the umbilical region and joints of young animals. In the event of doubt, the umbilical region must be incised and the joints opened; the synovial fluid must be examined. III. DOMESTIC SOLIPEDS A. Food chain information The original passport accompanying the animal to slaughter shall be checked by the official veterinarian to ascertain whether the animal is intended to be slaughtered for human consumption. B. Post-mortem inspection Carcases and offal of solipeds shall undergo the following post-mortem inspection procedures: a) visual inspection of the head and, after freeing the tongue, the throat; palpation and, if necessary, incision of the sub-maxillary, retropharyngeal and parotid lymph nodes (Lnn retropharyngiales, mandibulares and parotidei). The tongue must be freed to permit a detailed visual inspection of the mouth and the fauces and must itself be visually examined and palpated. The tonsils must be removed; b) visual inspection of the lungs, trachea and oesophagus; palpation of the lungs; palpation and, if necessary, incision of the bronchial and mediastinal lymph nodes (Lnn. bifucationes, eparteriales and mediastinales). The trachea and the main branches of the bronchi must be opened lengthwise and the lungs must be incised in their posterior third, perpendicular to their main axes; however, these incisions are not necessary where the lungs are excluded from human consumption; c) visual inspection of the pericardium and the heart, the latter being incised lengthwise so as to open the ventricles and cut through the interventricular septum; d) visual inspection of the diaphragm; e) visual inspection, palpation and, if necessary, incision of the liver and the hepatic and pancreatic lymph nodes, (Lnn portales);
g) visual inspection and, if necessary, palpation of the spleen; h) visual inspection and palpation of the kidneys; incision, if necessary, of the kidneys and the renal lymph nodes (Lnn. renales); i) visual inspection of the pleura and peritoneum; j) visual inspection of the genital organs of stallions and mares; k) visual inspection of the udder and its lymph nodes (Lnn. supramammarii) and, if necessary, incision of the supramammary lymph nodes; l) visual inspection and palpation of the umbilical region and joints of young animals. In the event of doubt, the umbilical region must be incised and the joints opened; the synovial fluid must be examined; m) all grey or white horses must be inspected for melanosis and melanomata by examination of the muscles and lymph nodes (Lnn. subrhomboidei) of the shoulders beneath the scapular cartilage after loosening the attachment of one shoulder. The kidneys must be exposed and examined by incision through the entire kidney. IV. DOMESTIC SWINE A. Ante-mortem inspection 1. Slaughter of a lot of pigs from a holding may be authorised
2. The ante-mortem inspection at the holding of provenance shall comprise:
3. Ante-mortem inspection at the holding shall be carried out by the official veterinarian, or by an approved veterinarian taking part in a surveillance network system, as foreseen by Article 14 of Directive 64/432/EEC; the pigs shall be sent directly to slaughter and not be mixed with other pigs. 4. Where ante-mortem inspection has been carried out at the holding, ante-mortem inspection at the slaughterhouse can be limited to a control on the identification and a screening to ascertain whether animal welfare rules have been complied with and whether signs of any condition which might adversely affect human or animal health are present. 5. Where ante-mortem inspection has not been carried out at the holding, the official veterinarian shall carry out ante-mortem inspection as described in Chapter 1, heading I.2.B. 6. Where the pigs are not slaughtered within three days of the issue of the health certificate provided for in point 1:
B. Post-mortem inspection 1. Carcases and offal of pigs not raised:
a) visual inspection of the head and throat; incision and examination of the submaxillary lymph nodes (Lnn mandibulares); visual inspection of the mouth, fauces and tongue; b) visual inspection of the lungs, trachea and oesophagus; palpation of the lungs and the bronchial and mediastinal lymph nodes (Lnn. bifucationes, eparteriales and mediastinales). The trachea and the main branches of the bronchi must be opened lengthwise and the lungs must be incised in their posterior third, perpendicular to their main axes; these incisions are not necessary where the lungs are excluded from human consumption; c) visual inspection of the pericardium and heart, the latter being incised lengthwise so as to open the ventricles and cut through the interventricular septum; d) visual inspection of the diaphragm; e) visual inspection of the liver and the hepatic and pancreatic lymph nodes, (Lnn portales); palpation of the liver and its lymph nodes; f) visual inspection of the gastro-intestinal tract, the mesentery, the gastric and mesenteric lymph nodes (Lnn. gastrici, mesenterici, craniales and caudales); palpation and, if necessary, incision of the gastric and mesenteric lymph nodes; g) visual inspection and, if necessary, palpation of the spleen; h) visual inspection of the kidneys; incision, if necessary, of the kidneys and the renal lymph nodes (Lnn. renales); i) visual inspection of the pleura and peritoneum; j) visual inspection of the genital organs; k) visual inspection of the udder and its lymph nodes (Lnn. supramammarii); incision of the supramammary lymph nodes in sows; l) visual inspection and palpation of the umbilical region and joints of young animals; in the event of doubt, the umbilical region must be incised and the joints opened; m) trichinoscopic examination. V. POULTRY A. Ante-mortem inspection 1. Slaughter of a flock of poultry from a holding may be authorised
2. The ante-mortem inspection on the holding of provenance shall comprise:
3. Ante-mortem inspection at the holding shall be carried out by the official veterinarian. 4. Where ante-mortem inspection has been carried out at the holding, ante-mortem inspection at the slaughterhouse can be limited to a control on the identification and a screening to ascertain whether animal welfare rules have been complied with and whether signs of any condition which might adversely affect human or animal health are present. This screening may be carried out by an official auxiliary. 5. Where ante-mortem inspection has not been carried out at the holding, the official veterinarian shall carry out an examination to determine whether the birds:
6. Where the birds are not slaughtered within three days of the issue of the health certificate provided for in point 1:
7. If the birds show clinical symptoms of a disease, their slaughter for human consumption shall be prohibited. Killing of these birds on the slaughter line is however authorised at the end of the normal slaughter process provided precautions are taken to avoid the risk of spreading pathogenic organisms and to clean and disinfect the facilities immediately after slaughter. 8. In the case of poultry reared for the production of "foie gras" and in the case of delayed eviscerated poultry obtained at the holding of production, ante-mortem inspection shall be carried out in accordance with point 2. B. Post-mortem inspection
C. Specimen health certificate HEALTH CERTIFICATE for poultry intended for the production of foie gras and delayed eviscerated poultry obtained at the holding of provenance, stunned, bled and plucked at the holding and transported to a cutting plant equipped with a separate room for evisceration Competent service:……………………………………….. No: 1. Identification of uneviscerated carcases Species: Number: 2. Provenance of uneviscerated carcases Address of holding: 3. Destination of uneviscerated carcases The uneviscerated carcases will be transported to the following cutting plant: 4. Declaration
Done at ………………………………., on (Place) (Date) Stamp ………………………………………….. (Signature of the official veterinarian) VI. FARMED LAGOMORPHS The requirements applicable to poultry shall apply. VII. FARMED GAME A. Ante-mortem inspection 1. Ante-mortem inspection may be carried out at the holding of provenance; it shall be carried out by the official veterinarian. Ante-mortem inspection at the holding shall include checking the records or documentation of the holding, including the food chain information as mentioned in Chapter 1, heading I.2.A, regular sampling of water and feed and, where appropriate, tests for zoonotic agents. When ante-mortem inspection has taken place at the holding, the ante-mortem inspection at the slaughterhouse may be restricted to detecting injuries sustained during transport and a check of the identification of the animals. 2. Live animals inspected at the holding must be accompanied by a certificate drawn up in accordance with the specimen in heading X stating that the animals were inspected at the holding and found to be healthy. B. Post-mortem inspection 1. This inspection shall include palpation and, where judged necessary, incision of those parts of the animal which have undergone any change or are suspect for any other reason. 2. Post-mortem inspection procedures described for bovine and ovine animals, domestic swine and poultry shall be applied to the corresponding species of farmed game. 3. When the animals have been slaughtered at the holding, the official veterinarian shall check the certificate issued and signed by the private veterinarian or by a veterinarian authorised by the competent authority attesting to a favourable result of ante-mortem inspection, correct slaughter and bleeding and the time of slaughter. VIII. WILD GAME A. Post-mortem inspection 1. Wild game shall be inspected as soon as possible after admission to the game handling establishment. 2. The official veterinarian shall check whether the wild game is accompanied by a declaration of the expert, as defined in Regulation (EC) No …/… [laying down specific hygiene rules for food of animal origin]. Where this is the case, he shall take this declaration into account in carrying out the post-mortem inspection. 3. During post-mortem inspection, the official veterinarian shall carry out:
4. Where the official veterinarian so requires, the vertebral column and the head shall be split lengthwise. 5. For small wild game, the rules laid down in Regulation (EC) No …/2003 [laying down specific hygiene rules for food of animal origin] shall apply. In the case of small wild game not eviscerated immediately after killing, the official veterinarian shall carry out a post-mortem inspection on a representative sample of animals from the same source. Where inspection reveals a disease transmissible to man or defects as referred to in point 3, the veterinarian shall carry out more checks on the entire batch to determine whether it must be declared unfit for human consumption or whether each carcase must be inspected individually. 6. In the event of doubt, the official veterinarian may perform any further cuts and inspections of the relevant parts of the animals necessary to reach a final diagnosis. B. Decisions following controls In addition to the cases provided for in Chapter 1, heading II.E, meat presenting characteristics during post-mortem inspection as listed in point A of this section, shall be declared unfit for human consumption. IX. SPECIFIC HAZARDS A. Transmissible spongiform encephalopathies 1. Inspection of bovine animals over six weeks old, sheep or goats shall be carried out taking into account Regulation (EC) No 999/2001, and all other relevant Community legislation concerning transmissible spongiform encephalopathies. This concerns at least the following aspects: (a) When there is any indication that the age as mentioned in the accompanying information is not correct, a dentition check shall be carried out by the official veterinarian. (b) Special care shall be taken that all bovine animals, sheep or goats suspected of suffering from a transmissible spongiform encephalopathy, as defined in Regulation (EC) No 999/2001, are treated in accordance with the specifications of that Regulation. These suspect animals shall be slaughtered separately from the other animals, taking all necessary precautions to limit to a minimum the risk of contamination of other carcases, the slaughter line and the staff present in the slaughterhouse. 2. Specific tests for the diagnosis of transmissible spongiform encephalopathies shall be carried out according to the specific Community legislation on this issue. B. Cysticercosis 1. The post-mortem inspection procedures described under headings I and IV are the minimum requirements for the examination for cysticercosis in bovine animals over 6 weeks old and swine. In addition, specific serological tests may be used. In the case of bovines over 6 weeks old, incision of the masseters at post-mortem inspection is not compulsory when a specific serological test is used. The same applies when bovine animals over 6 weeks old have been raised on a holding officially certified to be free of cysticercosis. 2. The conditions under which holdings may officially be declared free of cysticercosis shall be laid down in accordance with the procedure referred to in Article 17 and after the European Food Safety Authority has given its opinion. 3. Meat infected with cysticercus shall be declared unfit for human consumption. However, when the animal is not generally infected with cysticercus, the parts not infected may be declared fit for human consumption after having undergone a cold treatment. C. Trichinosis 1. Carcases of swine (domestic, farmed game and wild game) and other species susceptible to trichinosis shall be examined for trichinosis. 2. The examination need not be carried out if the animals were raised on a holding officially certified to be free of trichinosis. The conditions for official recognition as trichinosis-free shall be laid down in accordance with the procedure referred to in Article 17 and after the European Food Safety Authority has given its opinion. 3. Meat from animals infected with trichinae shall be declared unfit for human consumption. D. Glanders 1. Where appropriate, solipeds shall be examined for glanders. Examination for glanders in solipeds shall include a careful examination of mucous membranes from the trachea, larynx, nasal cavities and sinuses and their ramifications, after splitting the head in the median plane and excising the nasal septum. 2. Meat from horses in which glanders has been diagnosed shall be declared unfit for human consumption. E. Tuberculosis 1. Animals which have reacted positively or inconclusively to tuberculin shall be slaughtered separately from the other animals, taking precautions so as to avoid the risk of contamination of other carcases, the slaughter line and the staff present in the slaughterhouse. 2. Meat from animals which have produced a positive or inconclusive reaction to tuberculin and in which the post-mortem inspection has revealed localised tuberculous lesions located in a number of organs or areas of the carcase shall be declared unfit for human consumption. Pending an opinion of the European Food Safety Authority, meat from animals which have produced a positive or inconclusive reaction to tuberculin and in which post-mortem inspection has revealed localised tuberculous lesions in the lymph node(s) of one organ or part of the carcase, shall be declared unfit for human consumption or undergo a heat treatment. F. Brucellosis 1. Animals which have reacted positively or inconclusively to a brucellosis test shall be slaughtered separately from the other animals, taking precautions so as to avoid the risk of contamination of other carcases, the slaughter line and the staff present in the slaughterhouse. 2. Meat from animals which have reacted positively or inconclusively to a brucellosis test, indicating infection, shall be declared unfit for human consumption. G. Detailed requirements Where appropriate, methods to be applied when examining for the conditions referred to in this heading, the serological tests to examine for cysticercosis and the possible procedures for examining for trichinosis shall be established in accordance with the procedure referred to in Article 17, and after the European Food Safety Authority has given its opinion. X. SPECIMEN HEALTH CERTIFICATE HEALTH CERTIFICATE for animals transported from the holding to the slaughterhouse Competent service:………………………………………. No: 1. Identification of the animals Species: Number of animals: Identification marking: 2. Provenance of the animals Address of holding of provenance: Identification of house*: 3. Destination of the animals The animals will be transported to the following slaughterhouse: by the following means of transport: 4. Other relevant information 5. Declaration
Done at ………………………………., on (Place) (Date) Stamp ………………………………………….. (Signature of veterinarian) ______________ * optional ANNEX II LIVE BIVALVE MOLLUSCS I. OFFICIAL CONTROLS OF PRODUCTION AREAS 1. The competent authority must fix the location and the boundaries of production areas for bivalve molluscs. The production areas from which harvesting of bivalve molluscs is authorised must be classified by the competent authority in three categories according to the level of the faecal contamination as follows: (a) Class A areas: areas from which live bivalve molluscs may be collected for direct human consumption. Live bivalve molluscs taken from these areas must meet the health standards for live bivalve molluscs referred to in Annex II, Section VII, Chapter V of Regulation (EC) No …/2003 [laying down specific hygiene rules for food of animal origin]. (b) Class B areas: areas from which live bivalve molluscs may be collected, but only placed on the market for human consumption after treatment in a purification centre or after relaying so as to meet the health standards referred to under (a). Live bivalve molluscs from these areas must not exceed the limits of a five-tube, three dilution Most Probable Number (MPN)-test of 6000 faecal coliforms per 100 g of flesh or 4600 E.coli per 100 g of flesh in 90% of samples. (c) Class C areas: areas from which live bivalve molluscs may be collected but placed on the market only after relaying over a long period (at least two months) whether or not combined with purification, or after intensive purification for a period to be fixed in accordance with the procedure referred to in Article 17, so as to meet the health standards referred to under (a). Live bivalve molluscs from these areas must not exceed the limits of a five-tube, three dilution MPN test of 60 000 faecal coliforms per 100 g flesh. 2. In order to enable the classification of production zones and to determine the faecal contamination level of an area, the competent authority must:
3. Classified relaying and production areas must be periodically monitored in order to:
4. For the implementation of point 3(b), (c) and (d), sampling plans must be drawn up for carrying out such checks at regular intervals or on a case-by-case basis where harvesting periods are irregular. The geographical distribution of the sampling points and the sampling frequency must ensure that the results of the analysis are as representative as possible for the area considered. (a) The sampling plan for checking the microbiological quality of live bivalve molluscs must take particular account of:
(b) The sampling plan for checking the presence of toxin-producing plankton in production and relaying waters and for biotoxins in live bivalve molluscs must take particular account of possible variations in the presence of plankton containing marine biotoxins.
(c) The sampling plan for checking the presence of chemical contaminants must make it possible to determine whether the levels referred to in Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs(20) are exceeded. 5. Where the results of sampling unambiguously show that the health standards for molluscs are exceeded, or that there may be otherwise a risk to human health, the production area concerned must be closed for the harvesting of live bivalve molluscs. Closed areas may only be re-opened when the health standards for molluscs comply again with Community legislation. When an area has been closed owing to the presence of plankton or excessive levels of toxins in molluscs, at least two consecutive results below the regulatory limit separated by at least 48 hours are necessary to re-open it. Information on phytoplankton trends may be included in this decision. In those cases when there are robust data on the dynamics of the toxicity for a given area, and provided that recent data on decreasing trends of toxicity are available, the competent authority may decide to re-open the area with results below the regulatory limit obtained from one single sampling. 6. The competent authority shall monitor production areas where the harvesting of bivalve molluscs is forbidden or subject to special conditions, to ensure that products harmful to human health are not placed on the market. 7. In addition to the monitoring of relaying and production zones referred to in point 3, a control system must be set up comprising laboratory tests to verify compliance with the requirements for the end product, in particular to verify that the levels of marine biotoxins and contaminants do not exceed safety limits and that the microbiological quality of the molluscs does not constitute a hazard to human health. 8. The competent authority must: a) establish and keep up-to-date a list of approved production and relaying areas, with details of their location and boundaries, as well as the class in which the area is classified, from which live bivalve molluscs may be taken in accordance with the requirements of this Annex. This list must be communicated to interested parties affected by this Annex, such as producers, gatherers and operators of purification centres and dispatch centres. b) immediately inform the interested parties affected by this Annex, and in particular the producers, gatherers and operators of purification centres and dispatch centres, about any change in the location, boundaries or class of the production area, or its closure, be it temporary or final. c) act promptly where the controls prescribed in this Annex indicate that a production area must be closed or can be re-opened. 9. In deciding on the classification, opening or closure of harvesting areas, the competent authority may take into account the results of controls carried out by the food business operators or by the organisation representing the food business operators concerned. In that event, the analysis must have been carried out in a laboratory that has been approved by the competent authority and in accordance with a protocol possibly agreed between the competent authority and the businesses or organisation concerned. II. OFFICAL CONTROLS OF PECTINIDAE HARVESTED OUTSIDE CLASSIFIED PRODUCTION AREAS Member States shall ensure that appropriate controls are organised on pectinidae that have been harvested outside classified production areas in order to ensure that they comply with the relevant health standards, including biotoxins. ANNEX III FISHERY PRODUCTS In addition to the common control requirements, the following shall apply: 1. Official controls on fishery products shall be carried out at the time of landing or before first sale at an auction or wholesale market. Fish and other products derived from aquaculture shall also be checked before they are placed on the market. 2. Official controls shall include: (a) Organoleptic surveillance testing. Random checks must be carried out to check compliance with the freshness criteria laid down in Community legislation. Where there is doubt as to the freshness of the products, the organoleptic examination must be repeated. (b) Total Volatile Basic Nitrogen (TVB-N) tests. Where the organoleptic examination reveals any doubt as to the freshness of the fishery products, samples may be taken and subjected to laboratory tests to determine the levels of TVB-N. The TVB-N levels and the methods of analysis to be used shall be those specified in Commission Decision 95/149/EC of 8 March 1995 fixing the total volatile basic nitrogen (TVB-N) limit values for certain categories of fishery products and specifying the analysis methods to be used(21). Where the organoleptic examination gives cause to suspect the presence of other conditions which may affect human health, samples may be taken for verification purposes. (c) Histamine testing Surveillance testing for histamine shall be carried out to verify compliance with the permitted levels laid down in Community legislation.
(d) Surveillance testing for contaminants. Monitoring arrangements shall be set up to control the levels in fishery products of contaminants such as heavy metals and organo-chlorinated substances present in the aquatic environment. (e) Checks on the canthaxanthine content in farmed salmon, which must be severely restricted. (f) Microbiological checks, where necessary. (g) Surveillance testing to verify compliance with Community legislation on endo-parasites. (h) Checks on the possible presence on the market of poisonous fish species or fish containing biotoxins.
3. The following shall be declared unfit for human consumption:
ANNEX IV MILK AND MILK PRODUCTS In addition to the common control requirements, official controls shall include: A. Control of holdings 1. Animals on production holdings must undergo regular veterinary inspections to ensure that the health requirements for raw milk production, and in particular the health status of the animals and the use of veterinary medicinal products, are being complied with. These inspections may take place in conjunction with veterinary checks carried out pursuant to other Community provisions. If there are grounds for suspecting that the animal health requirements are not being complied with, the general health status of the animals shall be checked. 2. The production holdings shall undergo regular checks to ensure that hygiene requirements are being complied with. If it is shown that the level of hygiene is inadequate, appropriate steps shall be taken to ensure that the food business operator corrects the situation. B. Control of raw milk upon collection 1. The competent authority shall organise, where appropriate in co-operation with food business operators producing or collecting milk or with the sector representing these operators, control schemes in order to ensure compliance with the standards that apply to raw milk. 2. When the raw milk fails to meet such standards, the competent authority shall take appropriate steps to ensure that the food business operator corrects the situation. If the situation is not corrected within three months after notification of non-compliance with those standards, the delivering of milk from the production holding shall be suspended until the food business operator has proved that the milk complies again with the standards. 3. When the raw milk fails to meet mandatory public health criteria, with the result that food safety may be compromised, the competent authority shall define and implement procedures to suspend the delivering of the raw milk until conditions ensuring food safety are restored. At the same time, the competent authority shall instruct the food business operator as to whether the milk must be destroyed, or whether it can be used under certain well-defined conditions. As soon as these conditions are reached, the competent authority shall apply a procedure of re-authorisation of delivering milk. C. Control of processed dairy products Official controls shall include: 1. A verification of the compliance of raw milk used for processing with the standards that apply to it. 2. A verification that food safety objectives are achieved, by appropriate checks performed on the means applied by the food business operators, such as:
3. A verification of the compliance of final products with the standards that apply to them, in particular as regards microbiological criteria and labelling.
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| Smoke flavourings used in foods ***I |
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(Codecision procedure: first reading) The European Parliament, – having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 400)(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;0348/2002), – having regard to Rule 67 of its Rules of Procedure, – having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5&nbhy;0122/2003), 1. Approves the Commission proposal as amended; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council and Commission. Position of the European Parliament adopted at first reading on 5 June 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2003 on smoke flavourings used or intended for use in or on foods
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission(2), Having regard to the opinion of the Economic and Social Committee(3), Acting in accordance with the procedure laid down in Article 251 of the Treaty(4), Whereas: (1) Council Directive 88/388/EEC of 22 June 1988 on the approximation of the laws of the Member States relating to flavourings for use in foods and to source materials for their production(5), and in particular Article 5(1) seventh indent thereof, provides for the adoption of appropriate provisions concerning source materials used for the production of smoke flavourings and reaction conditions under which they are prepared. (2) The free movement of safe and wholesome food is an essential aspect of the internal market and contributes significantly to the health and well-being of citizens, and to their social and economic interests. (3) A high level of protection of human life and health should be assured in the pursuit of Community policies. (4) In order to protect human health smoke flavourings should undergo a safety assessment through a Community procedure before being placed on the market or used in or on foods within the Community. (5) Differences between national laws, regulations and administrative provisions concerning the assessment and authorisation of smoke flavourings may hinder their free movement, creating conditions of unequal and unfair competition. An authorisation procedure should therefore be established at Community level. (6) The chemical composition of smoke is complex and depends among other things on the types of wood used, the method used for developing smoke, the water content of the wood and the temperature and oxygen concentration during smoke generation. Smoked foods in general give rise to health concern, especially with respect to the possible presence of polycyclic aromatic hydrocarbons. Because smoke flavourings are produced from smoke which is subjected to fractionation and purification processes, the use of smoke flavourings is generally considered to be of less health concern than the traditional smoking process. However, the possibility of wider applications of smoke flavourings in comparison to conventional smoking has to be taken into account in safety assessments. (7) This Regulation covers smoke flavourings as defined in Article 1(2)(e) of Directive 88/388/EEC. The production of these smoke flavourings starts with the condensation of smoke. The condensed smoke is normally separated by physical processes into a water-based primary smoke condensate, a water insoluble high density tar phase and a water insoluble oily phase. The water insoluble oily phase is a by-product and unsuitable for the production of smoke flavourings. The primary smoke condensates and fractions of the water insoluble high density tar phase, the so called 'primary tar fractions', are purified to remove components of smoke which are most harmful to human health. They may then be suitable for use as such in or on foods or for the production of derived smoke flavourings made by further appropriate physical processing such as extraction procedures, distillation, concentration by evaporation, absorption or membrane separation and the addition of food ingredients, other flavourings, food additives or solvents, without prejudice to more specific Community legislation. (8) The Scientific Committee on Food concluded that because of the wide physical and chemical differences in smoke flavourings used for flavouring food, it is not possible to design a common approach to their safety assessment and, accordingly, toxicological evaluation should focus on the safety of individual smoke condensates. Following this advice, this Regulation provides for the scientific evaluation of primary smoke condensates and primary tar fractions, hereinafter referred to as "primary products", in terms of the safety of their use as such or for the production of derived smoke flavourings intended for use in or on foods. (9) As regards conditions of production, this Regulation reflects the findings set out by the Scientific Committee on Food in its report on smoke flavourings of 25 June 1993(6), in which it specified various production conditions and the information necessary to evaluate smoke flavourings used or intended for use in or on foods. That report was based, in turn, on the report of the Council of Europe on "health aspects of using smoke flavours as food ingredients"(7). It also contains a non-exhaustive list of types of wood which may be regarded as an indicative list of woods suitable for the production of smoke flavourings. (10) Provision should be made for the establishment, on the basis of the safety assessment, of a list of primary products authorised for use as such in or on foods or for the production of smoke flavourings for use in or on foods within the Community. That list should clearly describe the primary products, specifying conditions of their uses and the dates from which the authorisations are valid. (11) In order to ensure harmonisation, safety assessments should be carried out by the European Food Safety Authority ("the Authority"), established by Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(8). (12) The safety assessment of a specific primary product should be followed by a risk management decision as to whether the product should be entered on the Community list of authorised primary products; that decision should be adopted in accordance with the regulatory procedure so as to ensure close cooperation between the Commission and the Member States. (13) It is appropriate that the person ("the applicant") who intends to place on the market primary products or derived smoke flavourings should submit all the information necessary for the safety assessment. The applicant should also propose a validated method of sampling and detection for the primary products to be used for control of compliance with the provisions of this Regulation; if necessary, the Commission should adopt quality criteria for those analytical methods after having consulted the Authority for scientific and technical assistance. (14) Since many smoke flavourings are already on the market in the Member States, provision should be made to ensure that the transition to a Community authorisation procedure is smooth and does not disturb the existing smoke flavourings market. Sufficient time should be allowed for the applicant to make available to the Authority the information necessary for the safety assessment of these products. Therefore, a certain time period, hereinafter referred to as the "first phase", should be fixed during which the information for existing primary products should be submitted by the applicant to the Authority. Applications for authorisation of new primary products may also be submitted during the first phase. The Authority should evaluate without delay all applications for existing as well as new primary products for which sufficient information has been submitted during the first phase. (15) The Community positive list should be established by the Commission after the completion of the safety assessment of all primary products for which sufficient information was submitted during the first phase. In order to ensure fair and equal conditions for all applicants, this initial establishment of the list should be done in a single step. After the initial establishment of the list of authorised primary products, it should be possible for additional primary products to be added thereto by decision of the Commission, following the safety assessment by the Authority. (16) Whenever the evaluation by the Authority indicates that an existing smoke flavouring already on the market in the Member States constitutes a serious risk to human health, this product should be removed from the market without delay. (17) Articles 53 and 54 of Regulation (EC) No 178/2002 establish procedures for taking emergency measures in relation to food of Community origin or imported from a third country. They allow the Commission to adopt such measures in situations where food is likely to constitute a serious risk to human health, animal health or the environment and where such risk cannot be contained satisfactorily by measures taken by the Member State(s) concerned. (18) It is necessary that food business operators using primary products or derived smoke flavourings be required to establish procedures in accordance with which it is possible, at all stages of placing a primary product or derived smoke flavouring on the market, to verify whether it is authorised by this Regulation and whether the conditions of use are respected. (19) In order to ensure equal access of existing and new primary products to the market, an interim period should be established during which national measures continue to apply in the Member States. (20) Provision should be made for the Annexes to this Regulation to be adapted to scientific and technical progress. (21) Since those Annexes, which are necessary for the implementation of this Regulation, are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(9), amendments thereto should be adopted by use of the regulatory procedure provided for in Article 5 of that Decision. (22) The Commission shall be assisted by the Committee referred to in Article 58(1) of Regulation (EC) No 178/2002, HAVE ADOPTED THIS REGULATION: Article 1 Subject matter 1. This Regulation seeks to ensure the effective functioning of the internal market in relation to smoke flavourings used or intended for use in or on foods, whilst providing the basis for securing a high level of protection for human health and the interests of consumers. 2. To this end, this Regulation lays down
Article 2 Scope
Article 3 Definitions For the purposes of this Regulation, the definitions laid down in Directive 88/388/EEC and Regulation (EC) No 178/2002 shall apply.
Article 4 General use and safety requirements 1. The use of smoke flavourings in or on foods shall only be authorised if it is sufficiently demonstrated that
Each authorisation may be subject to specific conditions of use. 2. No person shall place on the market a smoke flavouring or any food in or on which such a smoke flavouring is present if the smoke flavouring is not a primary product authorised in accordance with Article 6, or if is not derived therefrom, and if the conditions of use laid down in the authorisation in accordance with this Regulation are not adhered to. Article 5 Conditions of production 1. The wood used for the production of primary products shall not have been treated, whether intentionally or unintentionally, with chemical substances during the six months immediately preceding felling or subsequent thereto, unless it can be demonstrated that the substance used for the treatment does not give rise to potentially toxic substances during combustion. The person who places on the market primary products must be able to demonstrate by appropriate certification or documentation that the requirements laid down in the first subparagraph have been met. 2. The conditions for the production of primary products are laid down in Annex I. The water insoluble oily phase which is a by-product of the process shall not be used for the production of smoke flavourings. 3. Without prejudice to other Community legislation, primary products may be further processed by appropriate physical processes for the production of derived smoke flavourings. Where opinions differ as to whether a particular physical process is appropriate, a decision may be reached in accordance with the procedure referred to in Article 19(2). Article 6 Community list of authorised products 1. A list of the primary products authorised to the exclusion of all others in the Community for use as such in or on foods or for the production of derived smoke flavourings shall be established in accordance with the procedure referred to in Article 19(2). 2. In respect of each authorised product, the list referred to in paragraph 1 shall give a unique code for that product, the name of the primary product, the name and address of the authorisation holder, a clear description and characterisation of the primary product, the conditions of its use in or on specific foods or food categories and the date from which the product is authorised. 3. Following the establishment of the list referred to in paragraph 1, primary products may be added to that list in accordance with the procedure referred to in Article 19(2). Article 7 Application for authorisation 1. To obtain the authorisation referred to in Article 6(1), an application shall be submitted in accordance with the following provisions. 2. The application shall be sent to the national competent authority of a Member State. (a) The national competent authority:
(b) The Authority shall inform without delay the other Member States and the Commission of the application and shall make the application and any supplementary information supplied by the applicant available to them. 3. The application shall be accompanied by the following:
4. The Authority shall publish detailed guidance concerning the preparation and the submission of the application. Pending such publication, applicants shall consult the "Guidance on submissions for food additive evaluations" drawn up by the Scientific Committee on Food(10). Article 8 Opinion of the Authority 1. The Authority shall give an opinion within six months of the receipt of a valid application as to whether the product and its intended use complies with Article 4(1). The Authority may extend the said period. In that case it shall provide an explanation for the delay to the applicant, the Commission and the Member States. 2. The Authority may, where appropriate, request the applicant to supplement the particulars accompanying the application within a time limit specified by the Authority which in no event shall exceed 12 months. Where the Authority requests supplementary information, the time limit laid down in paragraph 1 shall be suspended until such time as this information has been provided. Likewise, this time limit shall be suspended for the time allowed to the applicant to prepare oral or written explanations. 3. In order to prepare its opinion, the Authority shall:
4. In the event of an opinion in favour of authorising the evaluated product, the opinion shall include
5. The Authority shall forward its opinion to the Commission, the Member States and the applicant. 6. The Authority shall make its opinion public, after deletion of any information identified as confidential in accordance with Article 15. Article 9 Community authorisation 1. Within three months of receiving the opinion of the Authority, the Commission shall prepare a draft of the measure to be taken in respect of the application for inclusion of a substance in the list referred to in Article 6(1), taking into account the requirements of Article 4(1), Community law and other legitimate factors relevant to the matter under consideration. Where the draft measure is not in accordance with the opinion of the Authority, the Commission shall provide an explanation of the reasons for the differences.
2. The measure shall be adopted in accordance with the procedure laid down in Article 19(2). The Commission shall inform the applicant of its adoption without delay. 3. Without prejudice to Article 11, the authorisation granted in accordance with the procedure laid down in this Regulation shall be valid throughout the Community for ten years and shall be renewable in accordance with Article 12. 4. After an authorisation has been issued in accordance with this Regulation, the authorisation holder or any other food business operator using the authorised primary product or derived smoke flavourings shall comply with any condition or restriction attached to such authorisation. 5. The authorisation holder shall inform the Commission immediately of any new scientific or technical information which might affect the assessment of the safety of the authorised primary product or derived smoke flavourings in relation to human health. If necessary, the Authority shall then review the assessment. 6. The granting of an authorisation shall not diminish the general civil and criminal liability of any food business operator with respect to the authorised primary product, derived smoke flavouring or food containing the authorised primary product or derived smoke flavouring. Article 10 Initial establishment of the Community list of authorised smoke flavourings 1. During the 18 months following the entry into force of this Regulation, business operators shall submit an application in accordance with Article 7 with a view to the establishment of an initial Community list of authorised primary products. Without prejudice to Article 9(1), this initial list shall be established after the Authority has issued an opinion on each primary product for which a valid application has been submitted during this period. Applications for which the Authority could not issue an opinion owing to the applicant's failure to comply with the time limits specified for submission of supplementary information in accordance with Article 8(2) shall be excluded from consideration for inclusion in the initial Community list. 2. Within three months of receiving all the opinions referred to in paragraph 1, the Commission shall prepare a draft regulation for the initial establishment of the list referred to in Article 6(1), having regard to the requirements of Article 6(2). 3. The list referred to in Article 6(1) shall be established in accordance with the procedure referred to in Article 19(2). Article 11 Modification, suspension and revocation of authorisations 1. The authorisation holder may, in accordance with the procedure laid down in Article 7, apply for a modification of the existing authorisation. 2. On its own initiative or following a request from a Member State or the Commission, the Authority shall deliver an opinion on whether an authorisation still complies with this Regulation, following the procedure laid down in Article 8, where applicable. 3. The Commission shall examine the opinion of the Authority without delay and prepare a draft of the decision to be taken. 4. A draft measure modifying an authorisation shall specify any necessary changes in the conditions of use and, if any, in the restrictions attaching to that authorisation. 5. The final measure, i.e. the modification, suspension or revocation of the authorisation, shall be adopted in accordance with the procedure referred to in Article 19(2). 6. The Commission shall without delay inform the authorisation holder of the measure taken. Article 12 Renewal of authorisations 1. Without prejudice to Article 11, authorisations under this Regulation shall be renewable for ten-year periods on application to the Commission by the authorisation holder, at the latest 18 months before the expiry date of the authorisation. 2. The application shall be accompanied by the following particulars and documents:
3. Articles 7 to 9 shall apply mutatis mutandis. 4. Where, for reasons beyond the control of the authorisation holder, no decision is taken on the renewal of an authorisation until one month before its expiry date, the period of authorisation of the product shall automatically be extended by six months. The Commission shall inform the authorisation holder and the Member States about the delay. Article 13 Traceability 1. At the first stage of the placing on the market of an authorised primary product or smoke flavouring derived from the authorised products specified in the list referred to in Article 6(1), food business operators shall ensure that the following information is transmitted to the food business operator receiving the product:
2. At all subsequent stages of the placing on the market of products referred to in paragraph 1, food business operators shall ensure that the information received in accordance with paragraph 1 is transmitted to the food business operators receiving the products. 3. Food business operators shall have in place systems and procedures enabling the person from whom and to whom the products mentioned in paragraph 1 have been made available to be identified. 4. Paragraphs 1 to 3 shall be without prejudice to other specific requirements under Community legislation. Article 14 Public access 1. Applications for authorisation, supplementary information from applicants and opinions from the Authority, excluding confidential information, shall be made accessible to the public in accordance with Articles 38, 39 and 41 of Regulation (EC) No 178/2002. 2. When handling applications for access to documents held by it, the Authority shall apply the principles of European Parliament and Council Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(11). 3. Member States shall handle applications for access to documents received under this Regulation in accordance with Article 5 of Regulation (EC) No 1049/2001. Article 15 Confidentiality 1. The applicant may indicate which information submitted under Article 7 should be treated as confidential because disclosure may significantly harm his competitive position. Verifiable justification must be given in such cases. 2. Without prejudice to paragraph 3, the Commission shall determine, after consultation with the applicant, which information should be kept confidential and shall inform the applicant and the Authority of its decision. 3. Without prejudice to Article 39(3) of Regulation (EC) No 178/2002, information relating to the following shall not be considered confidential:
4. Notwithstanding paragraph 2, the Authority shall on request supply the Commission and the Member States with all information in its possession. 5. The Commission, the Authority and the Member States shall take the necessary measures to ensure appropriate confidentiality of the information received by them under this Regulation except for information which must be made public if circumstances so require in order to protect human health. 6. If an applicant withdraws or has withdrawn an application, the Authority, the Commission and the Member States shall respect the confidentiality of the commercial and industrial information provided, including research and development information as well as information on which the Commission and the applicant disagree as to its confidentiality. Article 16 Data protection The information in the application submitted according to Article 7 may not be used for the benefit of another applicant, unless the other applicant has agreed with the authorisation holder that such information may be used. Article 17 Inspection and control measures 1. Member States shall ensure that inspections and other control measures, as appropriate, are carried out to ensure compliance with this Regulation. 2. Where necessary and at the request of the Commission, the Authority shall assist in developing technical guidance on sampling and testing to facilitate a co-ordinated approach for the implementation of paragraph 1. 3. If necessary, the Commission shall, after having requested scientific and technical assistance from the Authority, adopt quality criteria for validated analytical methods proposed in accordance with point 4 of Annex II, including substances to be measured, in accordance with the procedure referred to in Article 19(2). Article 18 Amendments Amendments to the Annexes to this Regulation and to the list referred to in Article 6(1) shall be adopted in accordance with the procedure referred to in Article 19(2), after having consulted the Authority for scientific and/or technical assistance. Article 19 Implementing powers of the Commission 1. The Commission shall be assisted by the Committee referred to in Article 58(1) of Regulation (EC) No 178/2002. 2. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7 and Article 8 thereof. 3. The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months. Article 20 Transitional measures
Foods that have been lawfully placed on the market before the end of the periods referred to in (b) and (c) may be marketed until stocks are exhausted. Article 21 Entry into force This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union. Article 4(2) shall apply from ...(14). Until this date, national provisions in force concerning smoke flavourings and their use in and on foods continue to apply in the Member States. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at , For the European Parliament For the Council The President The President ___________________ ANNEX I Conditions for the production of primary products 1. Smoke is generated from the wood referred to in Article 5(1). Herbs, spices, twigs of juniper and twigs, needles and cones of picea may be added if they are free of residues of intentional or unintentional chemical treatment or if they comply with more specific Community legislation. The source material is subjected to controlled burning, dry distillation or treatment with superheated steam in a controlled oxygen environment with a maximum temperature of 600°C. 2. The smoke is condensed. Water and/or, without prejudice to other Community legislation, solvents may be added to achieve phase separation. Physical processes may be used for isolation, fractionation and/or purification to obtain the following phases:
If no phase separation has occurred during or after the condensation, the smoke condensate obtained must be regarded as a water insoluble high density tar phase, and must be processed by appropriate physical processing to obtain primary tar fractions which stay within the specified limits. ___________________ ANNEX II Information necessary for the scientific evaluation of primary products The information should be compiled in accordance with the guidelines referred to in Article 7(4) and should be submitted as described therein. Without prejudice to Article 8(2), the following information should be included in the application for authorisation referred to in Article 7: 1. The type of wood used for the production of the primary product. 2. Detailed information on the production methods of the primary products and the further processing in the production of derived smoke flavourings. 3. The qualitative and quantitative chemical composition of the primary product and the characterisation of the portion which has not been identified. Of major importance are the chemical specifications of the primary product and information on the stability and the degree of variability of the chemical composition. The portions which have not been identified, i.e. the amount of substances whose chemical structure is not known, should be as small as possible and should be characterised by appropriate analytical methods, e.g. chromatographic or spectrometric methods. 4. A validated analytical method for the sampling, identification and characterisation of the primary product. 5. Information on the intended use levels in or on specific food or food categories. 6. Toxicological data following the advice of the Scientific Committee on Food given in its report on smoke flavourings of 25 June 1993 or its latest update. ___________________
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(Consultation procedure) The European Parliament, – having regard to the Commission proposal to the Council (COM(2003) 23)(1), – having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5&nbhy;0040/2003), – having regard to Article 299(2) of the EC Treaty, – having regard to Rule 67 of its Rules of Procedure, – having regard to the minority opinions pursuant to Rule 161(3), – having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on Budgets and the Committee on Industry, External Trade, Research and Energy (A5&nbhy;0197/2003), A. whereas the Commission proposal, as amended, is compatible with the ceiling of heading 1a of the current financial perspective 2004-2006, B. whereas it asks for the matter to be referred to it again once the framework of the future financial perspective is formally agreed by the budgetary authority, 1. Approves the Commission proposal as amended; 2. Considers that the Commission proposal, as amended, is compatible with the ceiling of heading 1a of the current financial perspective 2004-2006; 3. Asks for the matter to be referred to it again once the framework of the future financial perspective is formally agreed by the budgetary authority; 4. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; 5. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; 6. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; 7. Instructs its President to forward its position to the Council and Commission.
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| EAGGF support for rural development * |
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(Consultation procedure) The European Parliament, – having regard to the Commission proposal to the Council (COM(2003) 23)(1), – having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5&nbhy;0041/2003), – having regard to Rule 67 of its Rules of Procedure, – having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Budgets (A5&nbhy;0182/2003), A. whereas the Commission proposal, as amended, is compatible with the ceiling of heading 1a of the current financial perspective 2004-2006, B. whereas it asks for the matter to be referred to it again once the framework of the future financial perspective is formally agreed by the budgetary authority, 1. Approves the Commission proposal as amended; 2. Considers that the Commission proposal, as amended, is compatible with the ceiling of heading 1a of the current financial perspective 2004-2006; 3. Asks for the matter to be referred to it again once the framework of the future financial perspective is formally agreed by the budgetary authority; 4. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; 5. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; 6. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; 7. Instructs its President to forward its position to the Council and Commission.
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| COM in cereals * |
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(Consultation procedure) The European Parliament, – having regard to the Commission proposal to the Council (COM(2003) 23)(1), – having regard to Article 37 of the EC Treaty, pursuant to which it was consulted by the Council (C5&nbhy;0042/2003), – having regard to Rule 67 of its Rules of Procedure, – having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Industry, External Trade, Research and Energy (A5&nbhy;0174/2003), A. whereas the Commission proposal, as amended, is compatible with the ceiling of heading 1a of the current financial perspective 2004-2006, B. whereas it asks for the matter to be referred to it again once the framework of the future financial perspective is formally agreed by the budgetary authority, 1. Approves the Commission proposal as amended; 2. Considers that the Commission proposal, as amended, is compatible with the ceiling of heading 1a of the current financial perspective 2004-2006; 3. Asks for the matter to be referred to it again once the framework of the future financial perspective is formally agreed by the budgetary authority; 4. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; 5. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; 6. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; 7. Instructs its President to forward its position to the Council and Commission.
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| Dried fodder * |
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(Consultation procedure) The European Parliament, – having regard to the Commission proposal to the Council (COM(2003) 23)(1), – having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5&nbhy;0044/2003), – having regard to Rule 67 of its Rules of Procedure, – having regard to the report of the Committee on Agriculture and Rural Development (A5&nbhy;0175/2003), A. whereas the Commission proposal, as amended, is compatible with the ceiling of heading 1a of the current financial perspective 2004-2006, B. whereas it asks for the matter to be referred to it again once the framework of the future financial perspective is formally agreed by the budgetary authority, 1. Approves the Commission proposal as amended; 2. Considers that the Commission proposal, as amended, is compatible with the ceiling of heading 1a of the current financial perspective 2004-2006; 3. Asks for the matter to be referred to it again once the framework of the future financial perspective is formally agreed by the budgetary authority; 4. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; 5. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; 6. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; 7. Instructs its President to forward its position to the Council and Commission.
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| Rice COM * |
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(Consultation procedure) The European Parliament, – having regard to the Commission proposal to the Council (COM(2003) 23)(1), – having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0043/2003), – having regard to Rule 67 of its Rules of Procedure, – having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0183/2003), A. whereas the Commission proposal, as amended, is compatible with the ceiling of heading 1a of the current financial perspective 2004-2006, B. whereas it asks for the matter to be referred to it again once the framework of the future financial perspective agreed by the budgetary authority, 1. Approves the Commission proposal as amended; 2. Considers that the Commission proposal, as amended, is compatible with the ceiling of heading 1a of the current financial perspective 2004-2006; 3. Asks for the matter to be referred to it again once the framework of the future financial perspective is formally agreed by the budgetary authority; 4. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; 5. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; 6. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; 7. Instructs its President to forward its position to the Council and Commission.
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| Dairy sector levy * |
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(Consultation procedure) The European Parliament, – having regard to the Commission proposal to the Council (COM(2003) 23)(1), – having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5&nbhy;0046/2003), – having regard to Rule 67 of its Rules of Procedure, – having regard to the report of the Committee on Agriculture and Rural Development (A5&nbhy;0177/2003), A. whereas the Commission proposal, as amended, is compatible with the ceiling of heading 1a of the current financial perspective 2004-2006, B. whereas it asks for the matter to be referred to it again once the framework of the future financial perspective is formally agreed by the budgetary authority, 1. Approves the Commission proposal as amended; 2. Considers that the Commission proposal, as amended, is compatible with the ceiling of heading 1a of the current financial perspective 2004-2006; 3. Asks for the matter to be referred to it again once the framework of the future financial perspective is formally agreed by the budgetary authority; 4. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; 5. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; 6. 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; 7. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; 8. Instructs its President to forward its position to the Council and Commission.
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| Dairy sector COM * |
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(Consultation procedure) The European Parliament, – having regard to the Commission proposal to the Council (COM(2003) 23)(1), – having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5&nbhy;0045/2003), – having regard to Rule 67 of its Rules of Procedure, – having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Budgets (A5&nbhy;0181/2003), A. whereas the Commission proposal, as amended, is compatible with the ceiling of heading 1a of the current financial perspective 2004-2006, B. whereas it asks for the matter to be referred to it again once the framework of the future financial perspective is formally agreed by the budgetary authority, 1. Approves the Commission proposal as amended; 2. Considers that the Commission proposal, as amended, is compatible with the ceiling of heading 1a of the current financial perspectives 2004-2006; 3. Asks for the matter to be referred to it again once the framework of the future financial perspective is formally agreed by the budgetary authority; 4. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; 5. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; 6. 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; 7. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; 8. Instructs its President to forward its position to the Council and Commission.
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| Multifunctionality and common agricultural policy reform |
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The European Parliament, – having regard to the motion for a resolution by Jorge Salvador Hernández Mollar on the protection of Andalusian farmhouses (B5-0019/2003), – having regard to its resolutions of 30 May 2002 on the reform of the common organisations of the market and rural development in the framework of Agenda 2000(1) and of 7 November 2002 on the mid-term review of the common agricultural policy,(2) – having regard to the communication from the Commission to the Council and the European Parliament - Mid-term review of the common agricultural policy (COM(2002) 394) and the proposals for regulations of 21 January 2003 (COM(2003) 23) on the long-term political prospects for sustainable agriculture, – having regard to Rule 163 of its Rules of Procedure, – having regard to the report of the Committee on Agriculture and Rural Development (A5-0189/2003), A. having regard to the declarations of the Luxembourg European Council of 1997 and the Berlin European Council of 1999 in support of multifunctional agriculture throughout the European Union, B. having regard to its numerous resolutions emphasising and endorsing the multifunctional character of European agriculture, C. whereas Article 159 of the EC Treaty states that the Community must take account of the objective of economic and social cohesion in the formulation and implementation of its policies; whereas Article 16 has introduced the concept of territorial cohesion, D. whereas the avoidance of rural depopulation, the creation of jobs and of a wide variety of economic activities in disadvantaged areas and the contribution which this makes to regional planning, the preservation of the environment, the landscape and the cultural heritage are public benefits which agriculture ensures for society as a whole and for which it should be repaid by society, E. whereas the generation of public benefits or positive externalities derived from conventional agricultural activity must be protected by means of appropriate public support which is well distributed in order to ensure maximum effectiveness, F. whereas the EU includes a large number of small and medium-sized holdings, especially in less-favoured rural areas, the importance of which lies primarily in their contribution to job preservation, rural population levels and natural and cultural resources, 1. Believes that the Community institutions' formal declarations in favour of the multifunctionality of agriculture, economic and social cohesion and sustainable development must go beyond the 'declaration of intent' stage and be translated into concrete measures relating to the common agricultural policy (CAP) as a whole, rather than being limited to the field of rural development alone; 2. Regrets the fact that the multifunctionality of agriculture is not rewarded in any way in the Commission's legislative proposals for the reform of the CAP; 3. Rejects the proposal for the total uncoupling of direct aid based on the past production levels of individual farms, since such a measure would perpetuate the existing imbalances and prompt the abandonment of production in the most marginal areas; 4. Welcomes, in principle, the proposals on conditionality of direct aid, as an instrument that may serve to consolidate both the joint production aspect of agricultural activity and the social legitimacy of the CAP; considers, however, that the Commission's proposals need to be thoroughly revised with a view to ensuring their practical and uniform implementation throughout the EU so as to avoid distortions of competition; believes, furthermore, that permanent compensation is required to offset the resulting cost disadvantages for European agriculture; 5. Emphasises, however, the need for the European Union to introduce compensatory measures in order to prevent conditionality from making Community production less competitive; 6. Considers, furthermore, that agri-environmental measures in the field of rural development policy must be promoted in order to minimise the 'punitive' nature of conditionality; 7. Considers that the cross-compliance requirements on which support payments are to be made conditional must not increase the amount of bureaucracy involved in administering support or delay its payment; takes the view that control should be standardised between the Member States without linking it to the IACS system; 8. Rejects the budget cuts introduced on a regressive basis whose main purpose is to finance future sectoral reforms, the cost, objectives, nature and practicalities of which are not yet known; 9. Calls for the CAP and policies for rural areas to be strengthened and geared more to a sustainable improvement in general economic, regional and social conditions; a varied and viable agricultural structure based on the objectives of the European agricultural model requires performance-related compensation for the socially desirable functions that are part of the multifunctional regime; the modulation of direct payments should be geared to bringing down operating costs, in line with the objectives of direct payments, and developed in the light of the need to maintain a viable agricultural structure adapted to local needs; 10. Considers that markets policy and rural-development policy should be made complementary by means of measures designed to redirect production towards sustainable, high-quality development; believes, therefore, that most second-pillar measures (food-safety policy, quality policy, environmentally sound agricultural practices, young farmers, etc.) should be incorporated into the markets policy, so that a common agricultural and rural policy can be devised; 11. Insists that the Commission must establish a new classification of rural areas on the basis of objective socio-economic, environmental, pedological and climatological criteria, so as to permit the identification within those areas of farms that, by reason of their economical size and the characteristics of the rural area in which they are located, generate a high level of positive externalities and establish benchmarks for supporting such farms; 12. Regards as a priority objective the need for agricultural production to continue in those rural areas in which it is essential to the preservation of nature areas; maintains, therefore, that the greater costs associated with environmentally sound cultivation techniques would justify the provision of appropriate environmental compensation; 13. Calls for modulation to incorporate the granting of various exemptions, so as to ensure that cuts in aid do not threaten the viability of many farms; calls for the conditionality criteria to include the 'territorial' (as opposed to the strictly 'commercial') character of a given farm, and for such 'territorial' farms to be exempted from modulation and regressivity; 14. Points out that, under the CAP reform, special priority should be attached to measures designed to assist young farmers who are already set up in business and calls upon the Commission to deal specifically with the problem of the handover from one farming generation to the next; 15. Calls on Parliament to commission a study setting out the technical aspects of this resolution, with a view to ensuring medium-term viability in the context of the impending CAP reform measures and, in particular, the run-up to the 2006 financial debate; 16. Calls on the Commission to commit itself to the firm defence of all aspects of multifunctional agriculture based on the European agricultural model, above all with the aim of achieving equivalent general conditions and avoiding distortions of competition and to ensure the inclusion of those aspects in the final document on the details of the negotiations in the WTO relating to the agricultural chapter; 17. Calls upon the Commission to provide extra funding for the Community's Leader + programme, which has produced significant results in terms of the multifunctional development of Community farms by successfully integrating them into other sectors such as tourism, the agri-food business, traditional crafts and biodiversity protection; 18. Calls on the European Convention to back the multifunctional nature of agricultural activity by proposing to the forthcoming IGC to amend the current Article 33 of the Treaty in which the objectives of the CAP are set out and to propose application of the codecision procedure to all legislative acts in the field of agriculture, with a view to improving the EU's democratic legitimacy and its decision-making procedure; 19. Instructs its President to forward this resolution to the Council and Commission.
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| Meeting of the Troika with the countries participating in the Stability Pact for South-Eastern Europe |
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The European Parliament, – having regard to the three Parliamentary Conferences of the Stability Pact countries held in Brussels on 16-17 September 2001, in Bucharest on 6-7 June 2002 and in Tirana on 14&nbhy;16 October 2002, – having regard to the recommendations adopted by the 4th Parliamentary Conference of the Stability Pact Countries on "Renewal of the Stabilisation and Association Process for South-Eastern Europe and the Perspectives for Accession" organised by the European Parliament in Brussels within the framework of the Presidency of the Troika on Parliamentary Cooperation under the Stability Pact for South-Eastern Europe, A. having regard to the energising effect that the Stabilisation and Association Process has had on national political institutions as a first phase in preparing for the process of accession to the European Union, B. having regard to the trade-off between swift implementation of the Stabilisation and Association Process and the reinforcement of financial and technical assistance to each country, C. aware of the need to address, with utmost urgency, the serious problems of high unemployment and poor economic development, weak public governance and the increasing risk of loss of confidence in State institutions, and of the firm commitment of the national parliaments of South-Eastern Europe to focus their efforts on bringing their countries closer to the EU and to their integration into Euro-Atlantic structures; whereas such a path demands that each country ensure its self-sustainability as a sovereign State and, wherever appropriate, successfully complete the process of "ownership" and transfer of responsibilities from the international community to its own institutions, D. whereas a renewed Stabilisation and Association Process should: reflect the need to increase social and economic cohesion; include in its priorities financial and technical assistance in the fight against organised crime, corruption, trafficking in human beings, drugs, arms and illegal immigration; reinforce border security; enhance regional cooperation in the communication, transport and energy sectors; promote financial assistance for the educational system, exchange programmes for students and young professionals, and the development of an active civil society, E. aware that the processes of reconciliation and integration into the EU and other Euro&nbhy;Atlantic structures are closely interlinked and mutually reinforcing; recalling that further integration into the European Union – a Community of values – will depend on the ability to promote and develop an active civil society focused on promoting participation by citizens, reconciliation and a democratic society where cultural diversity is perceived as an enrichment for South-Eastern Europe and the European Union, 1. Expresses its satisfaction at the progress made in the Stabilisation and Association Process countries towards democracy and the rule of law; encourages the parliaments and governments of these countries to proceed with their stabilisation policies within the framework of the European Union's democratic values, the requirement being to respect international and national agreements, bearing in mind the lessons of the past; 2. Underlines that integration into the European Union can only become a reality on condition that the political and economic criteria are met, in particular as regards enhancing regional and cross-border cooperation, which is a vital pre-condition for closer integration with the EU; 3. Expresses its serious concern at the economic and social situation; underlines that the solution to these crucial questions is the key to stable development of these countries; calls on the governments and the EU to make economic and social development a high priority; 4. Notes that regional cooperation should focus on developing the current network of Free Trade Agreements into a Free Trade Area, establishing a regional strategy in infrastructural sectors such as transport, communication and energy, abolishing visa requirements within the Stabilisation and Association Process countries, implementing an integrated border management strategy and successfully fighting organised crime and corruption; 5. Underlines that in parallel with enhancing regional cooperation, the Stabilisation and Association Process should be clarified and reinforced by means of the following:
6. Welcomes Croatia's application to join the European Union, which is an important step forward and a significant example of the contribution of the Stabilisation and Association Process to the development of a country; recalls the importance of national parliamentary monitoring of the follow-up to this application, and reaffirms its hope that Croatia will take concrete steps to comply with the Copenhagen criteria while fully cooperating with the International Criminal Tribunal for Yugoslavia (ICTY); 7. Underlines that the future integration of the Stabilisation and Association Process countries into the EU will take a significant amount of time and will have to be evaluated on the ability of each country to fulfil its obligations towards the EU, as established in the Copenhagen criteria; 8. Invites the parliaments of the European Union's Member States to accelerate ratification of the outstanding Stabilisation and Association Agreements; 9. Welcomes the reinforced complementarity between the Stability Pact for South-Eastern Europe with the Stabilisation and Association Process (SAP); 10. Deems it essential to strengthen the regional dimension of the stabilisation process of the whole South-Eastern Europe region and to ensure the participation of the countries concerned in the neighbourhood policy of the European Union and the implementation of the goals set out in the relevant Commission Communication; 11. Encourages the parliaments of the SAP countries to focus their actions and the parliamentary scrutiny of their governments on:
12. Stresses that Stabilisation and Association Process parliaments should do their utmost to prevent the adoption of any measure, including ratification by the national parliaments of any international agreement, that jeopardises the implementation or the full effectiveness of the principles and objectives mentioned above, and in particular of compliance with the European Convention on Human Rights; 13. Invites the EU to take a further step forward in its political and economic commitment to the Stabilisation and Association Process countries by: updating the instruments and programmes of the Stabilisation and Association Process; clarifying the parameters of EU conditionality through the establishment of annual benchmarks; reinforcing the principles of individual merit and differentiation, as well as EU financial assistance, in order to ensure that the EU's policy is tailored to the level of development of each country and is in line with its approach to other countries in a similar situation; 14. Invites the EU, therefore, to adjust the current CARDS Programme (at legislative or procedural and/or guideline levels) in order to ensure that the following areas become a priority for EU assistance: parliamentary cooperation; support for the creation of sound legal and judicial systems; the national and transnational fight against corruption and organised crime, in particular trafficking in human beings, drugs and arms; support for educational and vocational training systems; support for building up independent and fair media and an active civil society – all elements which will bring the Stabilisation and Association Process societies closer to EU standards and models; 15. Recognises that the solution to many of these problems is more likely to be found in the framework of a regional approach, promoting cross-border cooperation, and in consistent coordination of EU financial and technical assistance; 16. Welcomes the comprehensive and ambitious agenda in the fight against organised crime and corruption set up at the London Conference on 25 November 2002 by the governments of the SAP countries and endorsed by the EU; welcomes the commitment entered into by the national parliaments of the SAP countries, at the 4th Parliamentary Conference on 21-22 May 2003 in Brussels, to promote parliamentary scrutiny of its implementation; 17. Stresses the importance of a serious commitment to assisting the initiatives underway in this area, in particular to supporting the activities of the Bucharest Centre and the SP Organised Crime Initiative (SPOC), including the setting-up of an efficient witness protection system, training of police and experts according to Europol standards, promotion of cross-border operations, and the fight against white-collar crime; 18. Stresses that the technical and financial assistance by the EU, the OSCE and the Council of Europe should also be reinforced in this sector, in order to remove the bottlenecks still persisting in national legal systems which are obstructing full implementation of the targets established at the London Conference of November 2002; 19. Underlines the importance of strengthening the role of the Ombudsperson by creating a network of Ombudspersons in South-Eastern Europe, which will contribute to enhancing the confidence-building process, act as a conflict prevention mechanism and contribute to rebuilding trust in State institutions; 20. Encourages the governments of Serbia and Montenegro, Bosnia-Herzegovina and Croatia to reach a positive and constructive agreement with a view to the Trilateral Summit planned for June 2003 in order to establish, with the utmost urgency, the necessary implementing mechanisms for a full and complete return of refugees and displaced persons; also encourages the Bosnian authorities to pass the appropriate legislation with regard to the protection of minorities; 21. Invites the Assembly of Kosovo to act in accordance with the reconciliatory spirit and letter of UN Security Council Resolution 1244 and the letter of the Constitutional Framework; stresses that Kosovo's stability and prosperity continue to depend on respecting the rights of all its citizens and, in particular, on the return of refugees and displaced persons, as well as on genuine protection for its minorities; 22. Notes that the Stabilisation and Association Process is a dynamic process aimed at bringing the beneficiary countries closer to EU and Euro-Atlantic standards, and therefore invites the EU institutions to evaluate the feasibility of enlarging it to include Moldova and, if appropriate, to clarify the conditions to be fulfilled for that purpose; The impact of a renewed Stabilisation and Association Process on current parliamentary cooperation 23. Underlines the advantages of reinforcing the existing coordination between the various initiatives undertaken through parliamentary cooperation (e.g. the Parliamentary Cooperation Council of Europe, the European Parliament and the OSCE; the networks developed with the support of national parliaments; cooperation initiatives promoted by NGOs or foundations in the framework of the Stability Pact for South-Eastern Europe), as well as the advantage of reinforcing existing regional initiatives such as the SEECP, the CIS and the Parliamentary Assembly of the Black Sea Economic Cooperation (PABSEC); recognises the role that the OSCE missions and the Stability Pact for South-Eastern Europe could play as facilitators in this regard; 24. Suggests that the national parliaments of South-Eastern Europe promote, on a regular basis, parliamentary debates in plenary jointly with representatives of the European Parliament and the Parliamentary Assemblies of the Council of Europe and the OSCE, evaluating the progress made by the country in the implementation of the Stabilisation and Association Process and, where relevant, the Stabilisation and Association Agreements; 25. Also notes the Stability Pact's proposal for more structured regional cooperation and reinforcement of strong networking structures, including twinning initiatives and the creation of support projects; notes also the Stability Pact's support for the Tirana Declaration adopted at the 3rd Parliamentary Conference in October 2002, where the creation of a parliamentary structure involving the countries concerned was called for; 26. Considers that further progress should be made in terms of parliamentary cooperation between the Member States and the Stabilisation and Association Process countries; proposes that multilateral meetings to bring together representatives of the European Parliament, the national parliaments of the EU and candidate countries and the Stabilisation and Association Process countries be organised by the European Parliament every year; 27. Encourages the Council of Europe, the relevant committee of the European Parliament and the OSCE to continue reporting on the progress achieved in implementing the Stability Pact for South-Eastern Europe and the Stabilisation and Association Process, including evaluation of the development of the Stability Pact; 28. Underlines the need for a stronger role for national parliaments in political activities and the consequent importance of developing assistance and support for them and for stable party-political structures; 29. Underlines the contribution of reinforced communication links between the national parliaments of South-Eastern Europe, as well as with the European Parliament and the Parliamentary Assemblies of the Council of Europe and the OSCE, in particular through the setting up of a video conference communication system; The impact of a renewed Stabilisation and Association Process on the EU management structure 30. Considers that the current process of implementation of the Stabilisation and Association Process should be accompanied by the following adjustments to the management structures of the EU institutions:
o 31. Instructs its President to forward this resolution to the Heads of State or Government of all those countries participating in the Summit on 21 June 2003, the Council, the Commission, the governments and parliaments of all the Stability Pact countries (Member States, candidate countries, and SAP and other countries) and the Special Coordinator for South-Eastern Europe. | |||||||||||||||||||||||||||||||||||||||||||||||||
| Turkey's progress towards accession |
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The European Parliament, – having regard to Turkey's application for membership of the European Union, submitted on 12 April 1987 pursuant to Article 49 of the Treaty on European Union, – having regard to the Presidency conclusions of the European Councils of Copenhagen (21-22 June 1993), Florence (21-22 June 1996), Luxembourg (12-13 December 1997), Cardiff (15-16 June 1998), Cologne (3-4 June 1999), Helsinki (10-11 December 1999), Santa Maria Da Feira (19-20 June 2000), Nice (7-9 December 2000), Göteborg (15-16 June 2001), Laeken (14-15 December 2001), Seville (21-22 June 2002), Brussels (24-25 October 2002) and Copenhagen (12-13 December 2002), – having regard to the Strategy Paper on enlargement - Report on the progress towards accession by each candidate countries (COM (2002) 700), – having regard to the Commission's 2002 regular report on Turkey's progress towards accession (SEC(2002) 1412), – having regard to the Communication from the Commission to the Council of 26 March 2003 on Strengthening the Accession Strategy for Turkey (COM(2003) 144), – having regard to the proposal for a Council decision on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Turkey (COM(2003) 144), – having regard to its previous resolutions on Turkey, – having regard to the recommendations adopted on 5 and 6 June 2000 by the EU-Turkey Joint Parliamentary Committee, – having regard to Council Decision 2001/235/EC of 8 March 2001 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Turkey(1), – having regard to Turkey's national programme for the adoption of the acquis, which it adopted on 19 March 2001 and forwarded to the Commission on 26 March 2001, – having regard to the report of the Council of Europe's Parliamentary Assembly of 13 June 2001 on the honouring of obligations and commitments by Turkey, – having regard to the conclusions of the EU-Turkey Association Council meeting of 16 April 2002, – having regard to the decisions of the European Court of Human Rights concerning Turkey, – having regard to the resolution of the Parliamentary Assembly of the Council of Europe of 23 September 2002 on the implementation of decisions of the European Court of Human Rights by Turkey, – having regard to Rule 47(1) of its Rules of Procedure, – having regard to the report of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy (A5&nbhy;0160/2003), A. whereas every EU citizen should have the same kind of rights and obligations in his or her Member State and whereas all citizens throughout the Union must be conscious of being protected and recognised as deserving protection against discrimination and maladministration by the authorities; whereas for that reason compliance with, and respect for, the Copenhagen political criteria are an essential precondition for embarking on the route to full membership, B. having regard to the Presidency conclusions of the European Council of Helsinki, which conferred on Turkey the status of a candidate for membership of the European Union on the basis of the same accession criteria applying to the other candidate countries in connection with the enlargement of the EU, C. whereas on 3 November 2002 the Justice and Development Party (AKP) won the parliamentary elections, which had been brought forward, by an overwhelming majority; whereas the people have shown their dissatisfaction with the performance of the previous governments, thus providing the opportunity for a new direction in government policy; whereas the AKP is now faced with the difficult task of implementing legal reforms and carrying out further reforms in order to bring about a properly functioning democratic state based on the rule of law, without calling into question the essentially secular nature of the Turkish state, D. whereas the 10% electoral threshold, while it prevented a fragmented parliament, sacrificed, as a consequence, the representative nature of the parliament, which now represents only 55% of voters, E. whereas the Constitution adopted in 1982 under a military regime does not make it possible to guarantee the rule of law and fundamental freedoms, and whereas Turkey can express its choice of a democratic constitutional model by establishing a new Constitution based on universal democratic values; whereas the on-going constitutional debate in Turkey has acquired a new dimension in the context of the enlargement debate, F. having regard to the steps taken by Turkey in 2002 towards meeting the Copenhagen criteria, in particular through the recent legislative package and the subsequent implementation measures which cover a large number of priorities specified in the Accession Partnership; whereas these reforms contain a number of significant limitations on the full enjoyment of fundamental rights and freedoms, G. whereas developments such as the verdict issued by the Turkish Constitutional Court, with regard to the closure of the People's Democracy Party (HADEP) and the request of the Chief Prosecutor of the Court of Appeal to the Constitutional Court to initiate similar proceedings against the People's Democracy Party (DEHAP), show that there is an unwillingness to guarantee fundamental democratic rights in practice, H. whereas the changes requested must imply courageous reforms and require full ratification of signed conventions and the adequate implementation of legal amendments and whereas the implementation of the reforms can only be perceptible and the democratic reforms deemed to have been achieved when they are experienced by ordinary people, I. whereas a thorough reform of the judicial system is of crucial importance to the democratisation of the country and whereas the government has announced the abolition of the state security courts, which will be an important step in that direction, J. whereas the reforms and the investment made by Turkey in the democratisation process will benefit all its citizens, irrespective of relations with the EU, K. whereas Turkey's accession to the EU must be based on clear and unequivocal criteria, and whereas the statements and decisions of the European Council on Turkey over the past few decades have shown inconsistencies, L. whereas a solution to the problem of the division of Cyprus is of vital importance to relations between the EU and Turkey, and whereas UN Secretary-General Kofi Annan's plan for the union of Cyprus forms the basis for the future structure of the island, 1. Welcomes the reforms made by Turkey since October 2001, particularly as these have been perceived by the Turkish population as a major improvement and are important signals of Turkey's willingness to make further progress towards fulfilling the Copenhagen criteria ; encourages Turkey to go ahead with the reforms and considers that these reforms need to be judged on the basis of their implementation; points out that political will to press ahead with a comprehensive state reform, in particular concerning its relationship with society and the application of human rights, is essential to the process towards EU membership; 2. Realises that this is a long process of reform in which Turkey is faced with crucial choices, and that European help will be necessary in this process; 3. Recognises that the political values of the European Union are chiefly based on the Judaeo-Christian and humanist culture of Europe, but that no-one has a monopoly on these universal values of democracy, the rule of law, human and minority rights and freedoms of religion and conscience - values which can perfectly well be accepted and defended by a country where the majority of the population is muslim; believes, therefore, that there are no objections of principle to its EU membership; 4. Notes that the short and medium-term priorities have only been partially implemented in practice, particularly as regards the Copenhagen political criteria, as agreed in the current partnership for Turkey's accession (2001); 5. Welcomes the aforementioned Commission communication, particularly as regards enhanced political dialogue and the political criteria; 6. Calls on the Turkish government to submit, as soon as possible, a clear roadmap and timetable for the implementation of the Copenhagen criteria as a prerequisite for the future improvements concerning reform of the Turkish state, The Copenhagen political criteria 7. Notes that the army maintains a central position in the Turkish state and society; notes with regret that the army's excessively important role slows down Turkey's development towards a democratic and pluralist system, and advocates that Turkey must take advantage of its present government, with its strong parliamentary support, to elaborate a new political and constitutional system, which guarantees the principles of a secular system without military supremacy above civil institutions, so that the traditional power of the bureaucracy and the army (the "deep State") can resume the forms which are customary in the Member States; 8. Considers that, in the context of state reform, it will be necessary in the long term to abolish the National Security Council in its current form and position in order to align civilian control of the military with the common practice in EU Member States; realises that the desired structural change will be very hard to accept; 9. Proposes that the military representatives should withdraw from civilian bodies such as the high councils on education and the audiovisual media, in order to ensure that these institutions are fully independent; urges the Turkish authorities to establish full Parliamentary control over the military budget as a part of the national budget; 10. Considers that a successful reform of the State will partly be dependent on the extent to which the government succeeds in handling in another way the dangers of fundamentalism and separatism, reflecting Articles 13 and 14 of the Constitution of the Republic of Turkey; considers that a relaxed attitude to Islam and to religion in general will counteract the rise of antidemocratic movements such as intolerant and violent religious extremism; 11. Stresses that the changes demanded are so fundamental that they require the establishment of a new constitution, explicitly based on democratic foundations, with the rights of the individual and of minorities balanced against collective rights in accordance with the customary European standards, as set out for example in the European Convention on the Protection of Human Rights and Fundamental Freedoms and the Framework Convention on the Protection of National Minorities; 12. Welcomes Prime Minister Erdogan's intention to establish a new Constitution emphasising the rule of law and a pluralist, participatory democracy; 13. Considers that also the Turkish concept of the nation and secular state has to be based on tolerance and non-discrimination of religious communities and minority groups; considers that the drafting of a new Constitution must facilitate the implementation of these principles; 14. Invites the Turkish government and parliament, with the cooperation of the Commission and the European Parliament if desired, to stimulate public debate on the characteristics of the State in relation to the political values of the EU, partly in connection with the outcome of the Convention, so as to strengthen its citizens' democratic awareness; calls on the Turkish authorities and the Commission to organise information campaigns to increase the awareness of Turkish citizens about the European Union and the obligations arising from membership, as well as the awareness of EU citizens about Turkey; 15. Stresses that, in order to strengthen the democratic nature of society, an active civil society is essential; considers that the establishment of free social organisations in the economic, social and cultural fields must be promoted and encouraged by the State; emphasises the value of a fully tripartite consultation between government and social partners; 16. Considers, in addition, that ordinary people can be more closely involved in decision-making, and policy be better adapted to needs, by decentralising certain government tasks to a lower level of elected authorities, with the necessary control to ensure transparency; The rule of law and democracy 17. Encourages the Turkish authorities to strengthen the principle of the primacy of international law over national law in the case of substantial differences relating to respect for human rights and the rule of law; considers that this measure is necessary in order for Turkey to be brought more closely in line with the standards prevailing in the Member States of the European Union; notes the modification to the Turkish Constitution which entails the acknowledgement of the judgements of the European Court of Human Rights; 18. Reiterates its conviction, expressed in its resolution of 26 September 2002 on the International Criminal Court (ICC)(2), that the Rome Statute was ratified by all Member States and candidate countries as an essential component of the democratic model and values of the European Union, and calls upon Turkey to commit itself without delay to a process of accession to the statutes of the International Criminal Court; believes that this is a fundamental element in the relations between Turkey and the EU; points out that Turkey is the only member of the Council of Europe who has not yet signed this statute; 19. Regrets that Turkey has delayed so long with implementing the decisions of the European Court of human rights (ECHR) as it was urged to do by the Parliamentary Assembly of the Council of Europe in a resolution of 23 September 2002 (including the Loizidou v. Turkey case); calls on Turkish and European judicial officers and judges to exchange experiences in order to bring the Turkish legal system closer to the system currently in place in Europe; calls on the Commission and the Council of Europe to continue with the exchange programmes initiated in late 2002 and to extend them to include other forms of training; 20. Urges that an amnesty be granted to those imprisoned for their opinions who are serving sentences in Turkish prisons for the non-violent expression of their opinions; welcomes the reforms that permit the reopening of trials that violated the European Convention on Human Rights and Fundamental Freedoms; welcomes in this context the reopening of the trial against European Parliament Sakharov Prize winner Leyla Zana and three other MPs of the former Democracy Party (DEP), imprisoned since more than 9 years; calls for a fair retrial and their immediate provisional release; 21. Stresses the importance of an independent and competent judiciary; calls on the Turkish authorities to adopt active and consistent measures to improve the quality of the court system and the qualities of judges, who have a great responsibility for creating a new legal culture at the service of the citizen, by promoting the correct interpretation and application of laws at all levels (local, regional and national); calls in this respect on Turkey to participate in the AGIS framework programme of the Commission (2003-2007), especially with regard to the training projects for legal practitioners and law-enforcement officials; 22. Welcomes the Turkish government's announcement that it intends to introduce a thorough reform of the judicial system and, among other measures, to abolish the State Security Courts, and calls on the government to bring its legislation on combating terrorist crimes in line with the decisions of the European Union, seeking to cooperate with the Member States in this matter; 23. Calls on Turkey to continue its fight against corruption and to ratify without delay the relevant international conventions it has signed; stresses that, in the fight against corruption, a transparent society, including free media, independent courts and a more efficient judiciary system is essential, and that corruption cases in particular should be more public and should be monitored by the media and other watchdog organisations; 24. Calls for the electoral system to ensure that the composition of the parliament fully reflects the principle of representative democracy, especially with regard to the representation of Kurdish population and other minorities; 25. Strongly welcomes the Turkish parliament's vote on 2 August 2002 in favour of abolishing the death penalty in peacetime and the subsequent signing of Protocol No. 6 to the European Convention on Human Rights on 15 January 2003; welcomes these important steps forward but also calls for the ban to be extended to crimes committed in times of war; 26. Condemns the decision of the Turkish Constitutional Court to ban HADEP, and recommends the reconsideration of that decision; believes that this ban conflicts with the European Convention on Human Rights and the Charter of Fundamental Rights of the EU, and violates the elementary right to freedom of opinion and assembly; considers that the persecution of political parties such as HADEP and DEHAP, which is also the subject of proceedings seeking to ban it, conflicts with the principles of democracy; Human rights situation and protection of minorities 27. Recalls the commitment by the Turkish government to finally eradicate torture (zero tolerance); notes with concern that torture practices still continue and that torturers often go unpunished; calls for the most active and consistent measures to be taken to combat this barbaric practice, and for the Centre for the Treatment and Rehabilitation of torture victims in Diyarbakir, supported by the Commission, to be able to continue its work unhindered; 28. Calls on Turkey to implement the international standards for prisons and to abstain from reverting to the practice of isolating prisoners; 29. Expresses its concern at the continued hunger strike in Turkish prisons and supports efforts to negotiate a solution to this matter in a way which avoids further deaths; 30. Calls on the Turkish authorities to permit all prisoners, including those arrested under the jurisdiction of the State Security Courts, to be given genuine access to legal aid; calls on the Turkish government to promptly pass legislation to abolish Article 31(1) of the Law Amending Some Articles of the Criminal Procedure Code (1992, No 3842), which denies detainees held for offences under the jurisdiction of State Security Courts the right to legal counsel for the first forty-eight hours; 31. Is deeply concerned about reports of women in detention being subjected to frequent sexual violence and rape committed by state security agents; notes that women of Kurdish origin and women holding political beliefs which are unacceptable to the authorities or the military are particularly at risk of such violence; calls for an assurance that intimate searches of female prisoners will only be carried out by female staff and that assaults will be punished; 32. Notes that the fact that people of Kurdish origin live in various countries including Turkey must not prevent Turkey from establishing a more relaxed and constructive relationship with its own citizens of Kurdish origin, as with other ethnic and religious minorities; 33. Proposes the establishment of systems for the rigorous monitoring of police stations and gendarmeries by independent councils, including members of the public; demands that police officers and gendarmes be sharply disciplined and/or prosecuted whenever they deny detainees access to legal counsel, induce detainees to sign away their right to see a lawyer, fail to inform detainees of their rights, interfere with medical examinations, fail to inform relatives when people are detained, fail to register detainees on arrival, or fail to take detained children directly to the prosecutor as regulations require; 34. Calls on Turkey to ensure cultural diversity and guarantee cultural rights for all citizens, irrespective of their origin, to ensure effective access to Radio/TV broadcasting, including private media, and education in Kurdish and other non-Turkish languages through the implementation of existing measures and the removal of remaining restrictions that impede this access; 35. Calls on Turkey to take further steps – within the context of the country's territorial integrity – to comply with the legitimate interests of the Kurdish population and members of other minorities in Turkey and to ensure their participation in political life; 36. Respects the position of the Turkish language as the first national language, but underlines that this should not be to the detriment of other indigenous languages (such as Kurdish and Armenian) and liturgical languages (such as Aramaic/Syriac), the use of which constitutes a democratic right of citizens; 37. Urges Turkey to respect and to emphasize the Armenian and Syriac cultural heritages, components of Turkey´s national identity; 38. Is concerned by the recent directives of the Turkish Ministry of Education demanding that primary and secondary schools in the country take part in a denial campaign concerning the oppression of minorities during Turkish history, in particular in relation to the Armenian community; 39. Notes the modifications made to Articles 159, 169 and 312 of the Criminal Code and Article 8 of the Anti-Terrorism Act, but regrets that these articles, which relate to the protection of territorial integrity and to the secular nature of the State, still restrict freedom of expression; calls on the Turkish authorities to bring these articles, as regards their form and application, in line with the European Convention for the Protection of Human Rights and Fundamental Freedoms, to lift the restrictions on the exercise of fundamental rights contained in other areas of national legislation, in particular the RTUK law of 7 June 2001, and to interpret them in this spirit; 40. Calls on the Turkish authorities at all levels (national, regional, local) to call for an immediate halt to any discriminatory activities which cause difficulties for the lives of religious minorities in Turkey, including in the field of ownership of property, donations, building and maintenance of churches and freedom of action for school boards; urges that all Christian denominations in Turkey should be permitted to maintain theological colleges and seminaries to train their clergy in respect of whom the issuance of visas and residence permits should be facilitated; calls, in this connection, for the reversal of the decision to close the Greek Orthodox Halki Seminary and for the threats of seizure against the Armenian Holy Cross Seminary in Istanbul to be finally lifted; 41. Encourages Turkey to adopt the definition of 'religious freedom' as set out in the case law of the European Court of Human Rights and promoted by the Council of Europe; encourages the Turkish authorities to bring their laws in this area in line with those enshrined in international conventions; 42. Calls for equal treatment, recognition and protection of the Alevite and Baha's communities and of different Muslim communities such as the Sufis; 43. Calls on the Turkish authorities to facilitate the work of non-governmental organisations – charitable associations such as Caritas – by granting them legal status; 44. Welcomes the ending of the state of emergency on 30 November 2002 in the last remaining two provinces of Diyarbakir and Sirnak, but calls on Turkey to contribute to the elimination of tensions with the Kurdish people and to make efforts to overcome the economic and social under-development of the regions in which these people live, to facilitate the return of former inhabitants to 'emptied villages' and returning refugees from abroad, and to bring about the removal of armed village guards in Kurdish and Syrian Orthodox villages; 45. Calls on the Turkish authorities to place any military activity in these regions under civilian control and to demand that the security forces (police and army) be answerable for their actions under all circumstances; Turkish external relations 46. Deplores the failure of the meeting in The Hague on 10 March 2003 and calls on the Turkish Cypriot leadership and the Turkish authorities to take courageous steps so that a fair and workable solution to the problem in Cyprus can yet be reached, on the basis of the proposals of U.N. Secretary-General Kofi Annan, which is an essential condition for proceeding with Turkey's application for EU membership; urges Turkey to be fully committed to its status of candidate country and to withdraw its troops from northern Cyprus so as to pave the way for the reunification of the island and facilitate the resumption of talks; 47. Calls on the Turkish authorities to promote good neighbourly relations with Armenia in order to defuse tension and reduce the economic impoverishment of the region affected by the ban; believes that, as a first step, this could entail the opening of the borders, mutual recognition and the resumption of diplomatic relations as a step towards compliance with the political criteria; 48. Calls on Turkish and Armenian academics, social and non-governmental organisations to embark on a dialogue, or to continue their existing dialogue, in order to overcome the tragic experiences of the past which have, so far, prevented the situation from returning to normality, as pointed out by Parliament in previous resolutions, in particular, in its resolution of 28 February 2002 on EU relations with South Caucasus(3), (paragraph 19) and its resolution of 15 November 2000 relating to Turkey(4) (paragraph 10); 49. In order to ensure the continuing improvement of bilateral relations between Turkey and Greece, encourages Turkey to act in that context in the spirit of the Helsinki conclusions and in accordance with the principles of international law which should, in this case likewise, take precedence over national law; 50. Demands that Turkey cooperate with its neighbours Iran, Syria and Iraq in order to respect and safeguard the borders while enabling their respective citizens of Kurdish origin to develop their human, cultural and economic relations; urges the Turkish Government to continue to respect the territorial integrity of Iraq and the competence of Iraq in rearranging its own administrative organisations; 51. Recommends that Turkey arrive at a settlement, based on the findings of the UN General Assembly's International Law Commission, of the disputes with its neighbours, Iraq and Syria, concerning water; EU-Turkey relations 52. Calls on the European Council to take a clear and consistent position and to take decisions in accordance with mutually recognised criteria, based on the periodic progress reports made by the Commission and the resolutions of the European Parliament; 53. Notes, in the light of the Copenhagen decision (December 2002), that the conditions for the opening of accession negotiations with Turkey have not been currently satisfied; expresses its confidence that those conditions will be met if the Turkish government pursues with constancy and determination the necessary ongoing reforms; 54. Reiterates its view that the two financial aid programmes adopted by the Commission in 2002 must be spent, as a priority, on compliance with the political criteria; 55. Reiterates its call on the Commission to work out proposals for a broader cooperation with Turkey in the medium and short term, including in the fields of energy policy, regional environmental protection, combatting cross-border crime, "Culture 2000" and "Media", and to optimise the potential of customs union; o 56. Instructs its President to forward this resolution to the Council and the Commission, the Council of Europe, the European Court of Human Rights and to the Parliament and Government of Turkey.
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| Elections in Nigeria |
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The European Parliament, – having regard to the European Union election observation mission report, – having regard to the Presidency declaration on behalf of the European Union, A. whereas after the establishment of civilian rule in 1999, these elections were an important test for the state of democracy in Africa's most populous country, B. whereas the organisation of several elections simultaneously at different levels represented a real challenge, C. whereas the late opening of registration on the electoral rolls led to many problems and objections, aggravated by the late distribution of voting cards, D. whereas these deficiencies facilitated fraud and protests, leading to incidents, E. whereas coverage of the election campaign by the mass media did not comply with the fairness criteria laid down by the electoral law, F. whereas the lack of autonomous sources of funding means that the independence of the Independent National Electoral Commission is not adequately guaranteed, G. whereas the Independent National Electoral Commission did not issue appropriate subordinate legislation, as envisaged by law, and did not distribute the practical instructions for polling station officials, particularly as regards procedures, as efficiently as it should have done, H. whereas it was possible to remedy some of the deficiencies between the ballots of 12 April and 19 April 2003, I. whereas in six states and, to a lesser degree, in five others the EU observation mission detected massive electoral fraud on 19 April 2003, J. whereas in these states electoral fraud robs the results of all credibility, K. whereas only candidates and political parties can file election petitions and there is no effective way for other interested parties to protest against electoral fraud, L. whereas in the past electoral fraud has been used by the army in Nigeria as a pretext for seizing power, 1. Regrets that President Obasanjo was invested without any steps having been taken to invalidate the controversial votes and re-establish confidence in the electoral process; 2. Endorses the conclusions of the European Union observer mission; 3. Stresses that the European Union needs to speak with one voice in its election monitoring role, otherwise it would cause more harm than good to the process of democratisation of African countries; 4. Calls on the Nigerian Government and the Independent National Electoral Commission to ensure that the EU observer mission's recommendations, which are intended to restore public confidence in the democratic process, particularly in the states where there was fraud on a massive scale, are implemented; 5. Calls for inquiries to be carried out without delay to establish responsibility for the fraud and calls for judicial procedures against those responsible for the massive electoral fraud to be commensurate with the importance given to the democratic process; 6. Calls for legislative measures to be taken to guarantee the real independence of the Independent National Electoral Commission; 7. Calls for measures to be taken to guarantee the impartiality of the mass media; 8. Recommends that the means be put in place to seriously enhance female participation in politics and the legislature, at both the federal state and national level; 9. Calls for measures to be taken to give all citizens the vote and to ensure that voting takes place lawfully, particularly through a proper system of voter identification; 10. Instructs its President to forward this resolution to the Commission, the Council, the Co-Presidents of the ACP-EU Joint Parliamentary Assembly and the Nigerian Government. | |||||||
| Analysis of the open coordination procedure in employment and social affairs |
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The European Parliament, – having regard to the Treaties and, in particular, Articles 126 and 128 of the EC Treaty, – having regard to the Nice treaty and, in particular, Declaration No 23 on the future of the Union, – having regard to the Laeken European Summit of 14 and 15 December 2001 Declaration on the future of the European Union, – having regard to its resolution of 13 April 2000 and its proposals for the Intergovernmental Conference(1), – having regard to its resolution of 31 May 2001 on the Nice Treaty and the future of the European Union(2), – having regard to the Commission's White Paper on European governance(3), – having regard to the Presidency conclusions of the Lisbon European Council of 23 and 24 March 2000, which called on the Commission, the Council and the Member States to formulate, by 2001, a strategy for further coordinated action to simplify the regulatory environment, including the performance of public administration, at both national and Community level, – having regard to the conclusions of the high-level group of experts set up on 7 November 2000 in Strasbourg by the European ministers responsible for public administration, which was involved in drawing up the strategy referred to by the Lisbon European Council, – having regard to its resolution of 26 October 2000 on the Commission reports to the European Council on "Better law-making 1998: a shared responsibility" and "Better law-making 1999"(4), – having regard to the opinion of the Committee of the Regions of 14 December 2000 on "New forms of governance: Europe, a framework for citizens" initiative"(5), – having regard to the Commission's interim report of 7 March 2001 to the Stockholm European Council on "Improving and simplifying the regulatory environment" (COM(2001) 130), – having regard to the summaries of the proceedings of the European Convention and the final reports of the working groups on economic and social policy, the simplification of legislation, complementary competencies and "Social Europe", – having regard to Rule 163 of its Rules of Procedure, – having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Women's Rights and Equal Opportunities (A5&nbhy;0143/2003), A. whereas, since the Lisbon European Council, the open method of coordination has been applied to a whole series of subjects relating primarily to the field of employment and social affairs, such as social protection, immigration and asylum, social exclusion, health services, pensions, lifelong education and training, enterprise policy, meeting the challenge of demographic ageing, etc., B. whereas, according to the Lisbon European Council Presidency conclusions, applying the open method of coordination should make it possible to disseminate best practice and ensure greater convergence of national policies towards the main EU goals, C. whereas the purpose of the open method of coordination is not to achieve harmonisation but some measure of compatibility, homogeneity or convergence in the results of long-term policies through a process of mutual learning; and whereas the open method of coordination is just one possible means of action and not intended to replace legislative work, D. whereas the Treaty explicitly provides for the application of the open method of coordination only for the formulation of the European employment strategy; whereas there are more or less developed open method of coordination processes (OMCPs) in other policy areas; the areas of European governance where the application of such a method of governance is to be preferred to the other executive instruments at the Union's disposal are not specified by the Treaty, by other regulatory provisions, or by an interinstitutional agreement, and whereas any decision to apply that method is taken on a case-by-case basis by the Council acting on a proposal from the Commission or on its own initiative, E. noting a progressive switch in the European decision-making process from traditional legislative work to new methods of working in areas where the legislative approach is inappropriate, F. taking it as read that the European Parliament is the only institution which is capable, at European level, of exercising democratic control over political processes, including the open method of coordination, G. noting that the European Parliament, the guarantor of democratic debate, is at risk of being marginalised or sidelined by these new political procedures, H. whereas the role of the European Parliament in relation to the procedure known as the open method of coordination is unspecified, with only the European employment strategy including a provision for Parliament to be formally consulted, I. whereas, even in that instance, Parliament's role is considerably constrained by the time limits attached to the procedure, J. whereas not only the European Parliament but also the parliaments within the Member States must be given due influence and responsibility in the OMCPs, K. whereas there is a dearth of general surveys on the effectiveness of the method in achieving both the long-term objective of national policy coordination and the procedure's short-term objectives, namely exchanging good practice, assessing national policy, setting targets and responding to Commission recommendations, L. whereas, according to various experts, the global impact of the open method of coordination is determined by the degree of coordination required at Union level in each area, the groupings through which national interests are represented and the ability of the national authorities to bring national policy into line with the prescribed European strategy, M. whereas the Convention's four working groups on the simplification of legislation, the Union's complementary competencies, economic and social policies and "Social Europe" have stressed the need for the method to be specified more precisely, and for the method to be incorporated in the Constitutional Treaty, N. whereas the Convention's Presidium has submitted an initial draft constitutional treaty, Title III of which defines Union competencies and actions, with Articles 11, 12 and 13 respectively indicating the areas in which the Union may lead the way or support coordinated action involving Member States and the sectors where Member States will be able to cooperate, while Title V should specify the instruments for such cooperation, O. attaching just as much importance to an open and flexible approach, so that the open method of coordination is adaptable to different policy fields and to future developments in the EU, 1. Considers that it is necessary for the Convention to address the question of the application of the open method of coordination; calls on the Convention to examine the question of defining the field of application of the open method of coordination, as compared to other Community instruments, while setting out its general objectives in the new treaty; 2. Calls for the Constitutional Treaty to include an article specifically relating to the open coordination method and stipulating that:
3. Calls on the Commission to draw up a study on the effectiveness of the method, which should examine:
4. Calls on the Commission to analyse the possibility of linking the availability of money from the Structural Funds with the performance of the Member States within the recommendations that have been made, and doing so in a positive way; 5. Notes that the open coordination method tends to favour the proliferation of the preparatory formations and forums known collectively as "committees"; takes the view, in this connection, that the formal establishment of a high-level working party responsible for equal opportunities issues, made up of representatives/experts of the Member States, the social partners and NGOs, could help to bring a good level of expertise to the framing, implementation and follow-up of equal opportunities policy; takes the view that the Committee on Women's Rights and Equal Opportunities should be fully involved and consulted, in order to guarantee the democratic legitimacy of the open coordination method; 6. Is aware of current trends and wishes to safeguard democratic debate by, for example:
7. Calls on the Council and the Commission to take greater account of Parliament's observations when establishing guidelines; calls on the Commission and the Council to ensure Parliament has the necessary time to draw up informed and high-quality opinions; undertakes to ascertain whether it would be appropriate to adjust its practices and procedures to its role as a democratic and proactive participant in the open method of coordination; 8. Considers it equally important that the European Parliament be formally involved in scrutinising the implementation and the actions taken on the basis of the guidelines; underlines that the European Parliament must be able to hold the Council accountable; 9. Calls on the Council and the Commission, together with Parliament, to ensure that the application of the open method of coordination:
10. Notes that, given that the open method of coordination is intended to be applied to a series of areas having direct implications for women, including the European strategy on employment and the policy for combating social exclusion, it is necessary to include the dimension of equal opportunities for men and women and gender mainstreaming at all levels of formalisation of this new policy management instrument; 11. Instructs its President to forward this resolution to the Council, the Commission, the parliaments of Member States, the Economic and Social Committee and the President of the European Convention.
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| Open coordination procedure |
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The European Parliament, A. whereas, in connection with its ten-year modernising strategy, the Lisbon European Council in March 2000 established the 'open method of coordination' for policies which are the responsibility of Member States, B. whereas the open method of coordination has developed into the Member States together establishing common objectives, agreed quantitative and qualitative indicators and benchmarks, regular reporting and identification of best practice, C. whereas the European Convention and the coming IGC are opportunities for rethinking, reforming and improving the ways in which the European institutions work together, 1. Draws attention to its profound attachment to all of the Treaties" provisions governing the fields of culture, youth, education and audiovisual policy, particularly to what is commonly known as "the Community method" in these areas; 2. Points out that the provisions of the Treaty on European Union on enhanced cooperation create a framework for cooperation that helps to encourage the fulfilment of Community objectives while complying with the principles of the Treaties and the Union's unique institutional framework; 3. Considers that the open method of coordination should be developed not only in fields connected to the Lisbon strategy, such as education and life-long learning, but also in the fields of youth, media, culture and sport; 4. Reiterates, nevertheless, its belief that, as the body directly representing the citizens of Europe, its role in the procedure must be clarified and enhanced so that the process gains democratic legitimacy; 5. Stresses that the open method of coordination must not evolve into a parallel, but covert, legislative procedure which subverts the procedures laid down in the EC Treaty; 6. Calls on the Council and the Commission to join in negotiations for an interinstitutional agreement with the European Parliament, laying down rules governing the selection of policies for open coordination, and providing for a coherent application of the method with the full involvement, on equal terms, of the European Parliament; 7. Underlines that such an interinstitutional agreement must include rules for the involvement of the European Parliament in drawing up objectives and indicators, as well as access to documents, participation in meetings, monitoring and reviews of progress, information about reports and best practice, and a procedure for developing the open method of coordination into the Community method which could be formalised through the work of the European Convention and of the coming IGC; 8. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and of the applicant countries, and the European Convention. | |||||||
| Women and sport |
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The European Parliament, – having regard to Articles 3 and 141 of the Treaty establishing the European Community, – having regard to Articles 21 and 23 of the Charter of Fundamental Rights of the European Union, – having regard to the declaration on sport annexed to the Treaty of Amsterdam, – having regard to the declaration by the European Council in Nice of 7, 8 and 9 December 2000 on the specific characteristics of sport and its social function in Europe, of which account should be taken in implementing common policies, – having regard to the statement by the European Council meeting in Lisbon on 23 and 24 March 2000, aimed at making it easier to reconcile working and family life, in particular by improving child-care provision, – having regard to United Nations Convention on the Elimination of All Forms of Discrimination Against Women of 18 December 1979, – having regard to the declaration and platform for action adopted by the Fourth United Nations World Conference on Women held in Beijing from 4 to 15 September 1995 and the "Beijing+5" resolution seeking to implement the declaration and platform for action, adopted by the United Nations General Assembly on 10 June 2000, – having regard to its resolution of 14 October 1987 on women in sport(1), – having regard to its resolution of 4 July 1996 on the non-participation by women from certain countries at the Olympic Games(2), – having regard to its resolution of 13 June 1997 on the role of the European Union in the field of sport(3), – having regard to the resolution of 17 December 1999 of the Council of Ministers for Youth on the non-formal education dimension of sporting activities in the European Community youth programmes(4), – having regard to its resolution of 7 September 2000 on the report from the Commission to the European Council "With a view to safeguarding current sports structures and maintaining the social function of sport within the Community framework – The Helsinki Report on Sport"(5), – having regard to the conclusions of the Conference of Ministers for Sport held under the Belgian Presidency on 12 November 2001, – having regard to the European Sports Charter and Code of Sports Ethics of the Council of Europe, as revised in 2001, – having regard to the International Charter of Physical Education and Sport adopted by the General Conference of UNESCO at its 20th session on 21 November 1978 in Paris, – having regard to the declaration adopted by the Third International Conference of Ministers and Senior Officials responsible for Physical Education and Sport held in Punta del Este (Uruguay) from 30 November to 3 December 1999 (MINEPS III) under the auspices of UNESCO, – having regard to Article 2(5) of the Olympic Charter as amended in 1994, – having regard to the IOC World Conferences on Women and Sport held in Lausanne in 1996 and Paris in 2000, – having regard to the Brighton Declaration adopted at the First International Conference on "Women, Sport and the Challenge of Change" from 5 to 8 May 1994, – having regard to the call for action "Reaching out for Change" adopted at the Second International Conference on Women and Sport held in Windhoek on 22 May 1998, – having regard to the conferences held by the European Women and Sport network in Stockholm, Athens, Helsinki and Berlin respectively from 1996 to 2002, – having regard to the Council of Europe resolution of March 2002 on the prevention of sexual harassment and abuse of women, young people and children in sport, – having regard to the Charter of Olympus of 23 September 2001 and the Cultural Olympiad 2001-2004 launched by the Greek Ministry of Culture to mark the Olympic Games in Athens and aimed at renewing the basic Olympic ideals uniting sport and culture, – having regard to 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(6), – having regard to Decision No 291/2003/EC of the European Parliament and of the Council of 6 February 2003 establishing the European Year of Education through Sport 2004(7), – having regard to the Declaration of Thessaloniki and the conclusions of the Conference on "Women and Sports: Old and New Stereotypes" held by the Greek Presidency of the European Union on 7 and 8 March 2003, – having regard to Rule 163 of its Rules of Procedure, – having regard to the report of the Committee on Women's Rights and Equal Opportunities (A5&nbhy;0167/2003), A. having regard to the declaration by the European Council in Nice of December 2000 stipulating that the Community must take account of the specific characteristics and the social, educational and cultural functions of sport, and whereas sport has had a democratic role since antiquity, B. whereas sport is one of the main cultural activities among Europeans; whereas in the European Union 29.5% of men, as opposed to 16% of women, and 63% of young men aged 15 to 24, as compared to 37% of young women of that age, say that they regularly take part in physical or sporting activity, C. whereas access to the practice of sport is a right and whereas sport is a means of self-expression and fulfilment, as well as a force for citizenship and solidarity; whereas the regular practice of sport improves physical and mental health, D. having regard to the strong disparities in access to sports activities between women and men and also between women themselves, based on social background and conditions of employment which may act as an obstacle to leisure and sports opportunities, E. whereas physical activity and sport represent an ideal form of rehabilitation and, equally, a means of social integration for the physically or mentally disabled, and whereas, in particular, steps must be taken to ensure that disabled persons of both sexes can exercise to the full their right to participate in all forms of sport at their level and in keeping with their own needs, F. whereas it is important to make available sporting activities which correspond to women's needs at every stage of their lives, in particular for pregnant women and young mothers, along with the provision of advice concerning sports suited to their condition; and whereas similar advice should be given to the elderly (women and men), suggesting sporting activities which are beneficial to their mental and physical health, G. whereas physical education in schools, which are a force for democratising sport, but also a forum for social reproduction, has a crucial influence on whether people take part in sporting activity in later life, H. whereas, in this connection, the downgrading of physical education and of the importance of coeducation in sport in the school curriculum of the countries of the enlarged Europe is a cause for concern, I. whereas sport provides a release for girls and women of all ages, a means of achieving success and emancipation, as well as in some cases a way of challenging social and cultural constraints; whereas, however, participation by migrant women and girls in sports is below average, J. whereas, although the legal prohibitions on women's access to sports have been removed, women still participate to a lesser extent than men in sports, are more prominently represented in some sports than others, and remain under-represented in sports administration and decision-taking, K. whereas women are under-represented among sports licence holders and in official competitions and make little use of institutionalised sports venues (clubs and associations), preferring mostly to pursue informal physical activities related to fitness and leisure, L. whereas sport is a forum where sexual identities are represented and sports continue to be firmly divided in line with gender-based stereotypes where dominant models of masculinity and femininity are reproduced, but may also be subverted, M. whereas, when they take part in sports, girls and boys must face the challenge of forging equality based on an acceptance of physical differences; whereas adolescence, with the onset of puberty, is a time when many girls give up sports activities, particularly those from disadvantaged backgrounds, N. having regard to the importance of highlighting the performances of top-level sportswomen, who should serve as a role model for young girls, O. whereas top-level women athletes are workers and, as such, are covered by Community employment law, in particular the abovementiond Directive 2002/73/EC, P. whereas top-level sportswomen do not enjoy equal treatment vis-à-vis their male counterparts with regard to income and financial resources (bursaries, subsidies, sponsors), nor as regards vocational reintegration, Q. whereas the status of top-level athlete gives sportsmen and sportswomen economic and social rights, while providing them with a professional environment; whereas in some European countries women still suffer from discrimination with regard to this status and the conditions for achieving it, R. whereas participation by women athletes in international competitions has increased, although technical and medical staff, as well as referees and officials, are still mostly men (at the Sydney Olympic Games women accounted for 38% of the athletes, 8% of technical staff and 4% of medical staff), S. whereas top-level sport poses a threat to the health of athletes, particularly women, who are vulnerable, for instance, to the "female athlete triad", of eating disorders, irreversible amenorrhea and osteoporosis, T. whereas special attention should be paid to measures aimed at preventing and combating harassment and sexual abuse in the world of sport, U. having regard to the poor media coverage given to women's sport and the socially discriminating and sexually stereotyped reporting found in the media, V. having regard to the Brighton Declaration of 1994, the substantial work performed by the International Working Group on Women and Sport (IWG) and the European Women and Sport network (EWS), W. whereas the implementation of an integrated approach to gender equality in Community policies and actions in the field of sport is not backed up by sufficient human and financial resources nor by the necessary supervisory and monitoring mechanisms, Developing a structure for tackling the question of "women and sport" 1. Declares that women's sport is an expression of the right to equality and the freedom of all women to take control of their bodies and participate in sports publicly, regardless of nationality, age, disability, sexual orientation or religion; 2. Stresses that the goal of equal opportunities is to overcome barriers between so-called "masculine" and "feminine" sports and that the aim is to encourage all sports to be open to both sexes and enable all girls and boys to engage in the physical activity of their choice; 3. Calls on the Member States and the European Union to guarantee women and men equal access to sporting activities at all levels and at all stages of life, regardless of social background, particularly in the case of the mentally or physically disabled, who should be encouraged to take part in sport and physical activity; 4. Calls on the European Convention to provide a legal basis for sport in the future Treaty of the Union, recognising its cultural, educational and social functions and including a reference to equal access for women and men to participation in sports and related responsibilities; 5. Calls on the Commission to support the promotion of women's sports in Community programmes and actions, while also raising awareness in the sporting world and the Member States and disseminating best practice; 6. Proposes that participation in sport by girls and women be included as an operational objective in the future Community framework strategy on gender equality for 2006-2010; 7. Calls on the Member States, NGOs and other organisations to submit "women and sport" projects in the context of the forthcoming call for submissions under the Community framework strategy on gender equality for 2001-2005, which will focus on the elimination of sexist stereotypes, particularly in sport; 8. Calls on the Commission to incorporate rules to combat discrimination in sport in the new gender discrimination outside the scope of the Work Directive, based on Article 13 of the Treaty; 9. Calls on the Commission to undertake a wide-ranging study into the position of women in sport, as suggested at the Conference of Sports Ministers held on 12 November 2001, and in the process to submit, inter alia, statistics on the general position of women in sport and information on gender budgeting; 10. Calls on the European Union to provide support for the functioning of the European Women and Sport (EWS) network; 11. Calls on the European Union to examine the health issue, social concerns and educational challenges relating to women's participation in sport, notably in the context of its sixth framework research programme; 12. Hopes that the European Year of Education through Sport will provide an opportunity to examine the importance of sports coeducation in schools and calls on the Commission and the Member States to give clear priority to projects encouraging women to participate in sport; 13. Calls on Eurostat to devise indicators and produce European statistics on male and female participation in sport at all levels; 14. Calls on government authorities to systematically take account of gender equality in their sports policies, particularly in the granting of subsidies; 15. Calls on the Commission and the Member States to include the issue of "women and sport" in bilateral and cooperation agreements with third countries; calls on Parliament to include the issue of "women and sport" in interparliamentary discussions and Euro-Mediterranean meetings; 16. Is considering sending a delegation from its Committee on Women's Rights and Equal Opportunities to the EWS European Conference on 23-25 April 2004 in Paris and the IGW International Conference on 11-14 May 2006 in Kumamoto; Developing sport in schools and sport for leisure 17. Calls on the Member States to restore the important role of physical and sporting education in the school curriculum and to use it as an educational performance indicator; 18. Calls on the Member States to carry out a study of the quantitative and qualitative participation of girls and boys in sports within and outside schools and to provide the necessary resources to increase the participation of girls in sports and physical activities; 19. Calls on the Member States and competent authorities to provide physical education teachers with training on the issues of coeducation and gender by including these aspects in their curriculum, and to make parents aware of the blinkered attitudes produced by stereotypes; 20. Stresses the importance of the possibility of sports coeducation for children from nursery and primary school onwards; calls on schools, clubs, associations and regional authorities to develop pilot projects in this area; 21. Calls on the Member States to develop policies for the social integration of young people through sport, including girls among their target group, and to use Objective 3 of the Structural Funds for this purpose; 22. Calls on government and regional authorities to promote and to provide girls and boys with a broad range of school and extracurricular sporting activities; 23. Emphasises that every possible effort must be made to enable women to practise sport and physical activity and to give them better access to sports facilities by providing special courses and timetables, childcare facilities and decent transport services for sports centres; 24. Calls on sports associations to include in their statutes the principle of equal access to sport for women and men, to implement an action plan to promote women in their discipline, to carry out gender mainstreaming training and to earmark a budget heading for women's amateur sport, proposing mixed participation or introducing women's sections; 25. Calls on the Member States and competent authorities to ensure that sports coaches at all levels are properly trained and qualified and to include the gender dimension in their training courses; 26. Calls on government authorities, businesses and the two sides of industry to encourage sport activities at the workplace, in particular through collective agreements, and, more specifically, to develop measures designed to facilitate access to sport for women in precarious employment and women in difficulty, given the complexity of reconciling work, family life and leisure; Ensuring equal rights in top-level sport 27. Calls on the Member States and the sports movement to abolish the distinction between male and female disciplines in top-level sports recognition procedures; 28. Calls on national federations and their supervisory authorities to give women and men equal access to the status of top-level athlete, ensuring that they enjoy the same rights as regards income, training and supervision, medical back-up, access to competitions, social welfare, vocational training and active social reintegration at the end of their sports careers; 29. Calls on government and sports authorities to ensure the elimination of direct and indirect discrimination suffered by female athletes in their work; 30. Calls on businesses to step up their efforts to sponsor top-level sportswomen, seeking to enhance their image and promote women's sport as a whole; 31. Calls on the media to provide balanced coverage of male and female sport and to represent women in sport in a non-discriminatory manner; 32. Proposes that, when Directive 89/552/EEC(8) on "Television without Frontiers" is amended, and in particular Article 3(a) concerning the broadcasting of major sports events, Member States include the gender dimension in the broadcasting of such events; 33. Urges sportswomen to organise themselves in order to defend their sporting, economic and social rights and to bring cases of discrimination and harassment to the competent authorities or before the courts; 34. Calls for the forthcoming Olympic Games in Athens to be exemplary and calls on the IOC to ensure mixed representation in all national teams; Protecting the health of female athletes 35. Urges sports federations and trainers to show the utmost vigilance as regards guidelines and conditions for the practice of sport and to inform top-level sportswomen, particularly young women, of the effects of intensive training, use of doping substances or neglect of dietary rules on their physical, physiological, sexual and reproductive health; 36. Stresses that, in order to protect the health of female athletes, special training is needed for medical and paramedical staff, together with the inclusion of more women in medical and paramedical teams; 37. Emphasises the need to carry out special gender-specific studies on the impact of sport on the health of athletes; 38. Considers it important for female athletes to be given psychological support to enable them to come to terms with the changes in their physical appearance or to deal with questions regarding their femininity; believes that account of these aspects must be taken in training for coaches; 39. Stresses that sportswomen enjoy inalienable rights as regards sexuality and reproduction and calls for any breach of these freedoms to be penalised; 40. Urges Member States and sports federations to adopt measures for the prevention and elimination of sexual harassment and abuse in sport by enforcing the legislation on sexual harassment at work, to inform athletes and their parents of the risks of abuse and the means of legal action available to them, to provide sports organisations' staff with specific training and to ensure that criminal and disciplinary provisions are applied; Greater participation by women in decision-making 41. Notes that the participation of women in decision-making in sport faces the same barriers as in the political and economic sphere and that affirmative action is needed; 42. Calls on Member States and regulatory authorities to make the recognition and subsidising of sports associations and authorities conditional upon the adoption of statutory provisions ensuring equal representation of women and men at all levels and for all decision-making posts; 43. Calls on sports organisations and authorities to promote women's participation in refereeing and adjudication and to establish mixed representation on medical committees and selection committees; 44. Calls on sports organisations to introduce training and counselling programmes for women athletes to help them find employment, in particular as coaches, technical staff and managers; 45. Calls on the sports movement to comply with the IOC target for women's participation in decision-making (20% of women in management structures by 31 December 2005) and to increase it to 30% over the next 10 years; o 46. Instructs its President to forward this resolution to the Council, the Commission and the parliaments of the Member States.
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| Breast cancer |
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The European Parliament, – having regard to Article 152 of the EC Treaty as amended by the Treaty of Nice, – having regard to Article 35 of the Charter of Fundamental Rights of the European Union(1), – having regard to its resolution of 9 March 1999 on the report from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the state of women's health in the European Community(2), – having regard to its resolution of 13 February 2003 on the Commission communication on Community and national measures in relation to breast implants(3), – having regard to its resolution of 4 October 2001 on the patenting of BRCA1 and BRCA2 breast cancer genes(4), – having regard to its resolution of 15 January 2003 on the Commission communication to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the future of health care and care for the elderly: guaranteeing accessibility, quality and financial viability(5), – having regard to Decision No 646/96/EC of the European Parliament and of the Council of 29 March 1996 adopting an action plan to combat cancer within the framework for action in the field of public health (1996 to 2000)(6), which was extended by Decision No 521/2001/EC of the European Parliament and of the Council(7), – having regard to Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003-2008)(8), – having regard to 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 (2002-2006)(9), – having regard to Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001, on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use(10), – having regard to Charter Against Cancer, adopted on 4 February 2000 at the first World Summit Against Cancer, which was held in Paris, – having regard to the "European Guidelines for Quality Assurance in Mammography Screening"(11), – having regard to the recommendations of the European Society of Mastology (EUSOMA) set out in "The requirements of a specialist breast unit"(12), – having regard to the "Recommendations on cancer screening in the European Union" of the Advisory Committee on Cancer Prevention(13), – having regard to Rule 163 of its Rules of Procedure, – having regard to the report of the Committee on Women's Rights and Equal Opportunities (A5-0159/2003), A. whereas Article 152 of the EC Treaty provides that a high level of human health protection shall be ensured in the definition and implementation of all Community policies and activities and that Community action, which shall complement national policies, shall be directed towards preventing major health scourges, such as cancer, by promoting research into their causes and their prevention, as well as health information and education, B. whereas, in 2000, the World Health Organisation (WHO) reported more than 216 000 newly diagnosed cases of breast cancer and 79 000 deaths from breast cancer in women, whereas breast cancer is the most frequent cancer affecting women, with one woman in nine suffering from the disease, and whereas breast cancer is the most frequent cause of death in women between the ages of 35 and 55 in the European Union, C. whereas the Charter of Fundamental Rights of the European Union recognises that everyone has the right of access to preventive health care and the right to benefit from medical treatment, D. whereas every woman, irrespective of place of residence, social status, occupation and education, should have access to high-quality screening for treatment and aftercare in the event of cancer, but whereas huge disparities exist in the quality of breast cancer services and, hence, in the chances of survival of women in the various Member States, the regions and even between individual hospitals in a given city, E. whereas the 1999 Eurocare Study demonstrated that in the various Member States, there were unacceptable disparities by up to 16% in the survival rates of breast cancer patients which were attributed to, inter alia, disparities in access to screening, diagnosis and treatment(14), F. whereas research has not yet developed effective measures for the prevention of breast cancer or for curing the disease irrespective of the diagnosis stage, and whereas up to 90% of breast cancer patients may be cured if diagnosed and correctly treated at an early stage, G. whereas the Community programme entitled "Europe Against Cancer" has given a significant boost to the fight against breast cancer, with the "European Guidelines for Quality Assurance in Mammography Screening", which were originally drawn up in 1992, setting a good example for quality standards and best practice in European health policy, H. whereas, according to the WHO, high-quality mammography screening, i.e. regular invitations to women to undergo free, voluntary mammographies and follow-up diagnoses as part of an organised population-based regional or national programme, can reduce breast-cancer mortality in women aged between 50 and 69 by up to 35% and whereas, according to scientific studies, breast-cancer mortality in women aged between 40 and 49 can also be reduced by up to 20%, I. whereas women with breast implants must be offered ultrasound screening, since they are more difficult to screen, J. whereas breast self&nbhy;examination is a valuable tool for increasing women's self&nbhy;awareness of health, although it may never constitute an alternative to early diagnosis based on screening, and whereas the WHO has also concluded that there is still insufficient evidence that clinical breast examination or self&nbhy;examination reduces mortality from breast cancer, K. whereas a clinical examination of the breast constitutes an important tool for the early detection of carcinomas in the interval between two screenings and in the case of women who, because of their age, are not entitled to take part in organised screening programmes, L. whereas early detection, diagnosis, treatment and aftercare of breast cancer should be performed only by an multidisciplinary team of fully trained physicians, since that may significantly increase the survival rates of the women involved, M. whereas high-quality breast cancer services may lead to savings for health care systems in the medium and long term, with unnecessary examinations and treatment being avoided and mammary cancer detected at an earlier stage and, therefore, requiring less expensive operations and aftercare, N. whereas the highest possible quality of life must be achieved for patients, since the treatment of breast cancer involves substantial physical and psychological burdens, O. whereas breast cancer patients should be adequately informed by the attending physician of their diagnosis and treatment and should be involved in decisions about therapy options, while also being made aware of any possible side-effects, P. whereas not all Member States have yet adopted a specific regulation on patients' rights, and thus the relevant rights are currently far from transparent for patients, 1. Calls on the Member States and on the Commission to make the fight against breast cancer a health policy priority and to develop and implement effective strategies for improved preventive health care: screening, diagnosis, treatment and aftercare in order to achieve the highest quality breast-cancer treatment throughout Europe; 2. Calls on the Member States to set themselves the target of creating, by 2008, the conditions required for a 25% reduction in the average breast-cancer mortality rate in the EU and of reducing to 5% the disparity between the Member States in the five-year survival rate; 3. Is dismayed to note that, to date, only eight of the 15 Member States have taken measures based on the "European Guidelines for Quality Assurance in Mammography Screening" to introduce nation-wide screening programmes; calls, therefore, on the Member States to offer, at the earliest possible opportunity, mammographies at two-year intervals to all women between the ages of 50 and at least 69, with the following quality criteria being observed in a population-based programme where voluntary participation in the programme achieves a participation rate of over 70%:
4. Calls for the presence in screening programmes of equipment for ultrasound screening for women with breast implants which inhibit the penetration of x-rays; 5. Calls for all women suffering from breast cancer to be entitled to be treated by an multidisciplinary team and calls on the Member States, therefore, to establish a network of certified multidisciplinary breast centres which cover the entire population and fulfil the following criteria:
6. Welcomes the allocation of EUR 400 million for cancer research in the sixth framework programme of research and calls on the Commission and the Member States to:
7. Calls on the Member States, within the limits of their powers and responsibilities, to:
8. Calls on the Commission to:
9. Emphasises the importance of clinical studies for medical progress; welcomes the adoption of the aforementioned Directive 2001/20/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use; believes that the requirements of research bodies should be taken into account when the relevant implementing provisions are being drafted, that the objective of the harmonisation of the legal and regulatory arrangements for clinical research will not be attained and that the current obstacles to clinical studies involving several Member States will not be eliminated; 10. Calls on the Member States with Objective 1 regions to allocate more Structural Fund resources to financing investment in the healthcare system in view of the significant regional disparities in access to early detection, diagnosis and treatment of breast cancer; 11. Reiterates its concern at the possible consequences of the granting by the European Patent Office of patents on BRC AC 1 and BRC A2 ("breast cancer") genes; calls on the EPO to reconsider the patenting of these genes and calls on the Council, the Commission and the Member States to ensure that the human genetic code is freely available for research throughout the world and that medical applications of certain human genes are not impeded by monopolies based on patents; 12. Calls on the Commission to organise a conference, jointly with the Italian Presidency in late 2003, when the final projects come to an end, in order to draw up a final summary of the successes and failures of the "Europe Against Cancer" programme, partly with a view to the new action programme in the field of public health (2003-2008); 13. Is concerned at the comparatively poor survival rates for women suffering from breast cancer in the accession countries; calls on the accession countries to step up their efforts to fight breast cancer and calls on the Commission to arrange a structured exchange of experience with the future Member States; 14. Calls on the Commission, jointly with the Member States, to draw up, in time for the spring 2006 summit, a report on the measures taken by the Member States and, in the light of the progress achieved, to take a decision on further steps to be taken in the fight against breast cancer; 15. Instructs its President to forward this resolution to the Council, the Commission and the parliaments of the Member States.
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| Indonesia |
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The European Parliament, - having regard to its previous resolutions on the situation in Indonesia and in the Indonesian province of Papua, in particular its resolution of 13 December 2001 on Papua (Irian Jaya) and Sulawesi in Indonesia(1), and its resolution of 16 May 2002 on Indonesia (the Moluccas, Aceh and Papua)(2), - having regard to the Commission communication of 2 February 2000 on developing closer relations with Indonesia (COM(2000) 50), - having regard to the report of March 2002 of the EC conflict prevention assessment mission to Indonesia, - having regard to its resolution of 13 December 2000 on the communication from the Commission to the Council and the European Parliament on developing closer relations between Indonesia and the European Union(3), - having regard to the EC-Indonesia Strategy Paper 2002-2006, - having regard to the Cessation of Hostilities Agreement (COH) signed on 9 December 2002 between the Government of Indonesia and the Gerakan Aceh Merdeka (GAM), - having regard to the EU Presidency's Statement on Aceh of 15 May 2003, - having regard to the General Affairs Council's conclusions of 19 May 2003, A. acknowledging and supporting the importance of Indonesia's national territorial integrity, while underlining that the only viable way for the Indonesian government to guarantee the territorial integrity of Indonesia is to engage in a genuine dialogue with the provinces in order to tackle the root causes of separatism, and emphasising the importance of inter-ethnic, inter-religious and inter-regional dialogue and successful decentralisation, ACEH B. whereas at the start of her Presidency Megawati Sukarnoputri vowed to solve the Aceh problem peacefully, C. having regard to the setting-up in 1976 of GAM, a movement which seeks the creation of an independent State, and whereas GAM is calling for a referendum on self- determination, D. whereas about 12 000 Acehnese civilians have perished during the 26 years of war, and whereas the Cessation of Hostilities Agreement (COHA) signed on 9 December 2002 between the Free Aceh Movement (GAM) and the Government of Indonesia was an attempt to bring peace to the province, E. whereas last-minute talks in Tokyo on 17 and 18 May 2003 between the Government of Indonesia and GAM failed to reach a peaceful solution to the Aceh conflict, F. whereas President Megawati Sukarnoputri subsequently announced Presidential Decree 28/2003 establishing a state of military emergency for six months in Aceh, putting an effective end to the internationally negotiated Cessation of Hostilities Agreement and thus allowing the military authorities to replace many local authorities with military and police personnel, G. whereas the Aceh military campaign by the Indonesian military (TNI) involves up to 40 000 military and police personnel, H. taking note of reports by several international NGOs that the Indonesian military has been attempting to crush the rebellion by means of serious human rights abuses including summary killings, abductions, rape and torture, I. noting the international NGOs" reports referring to GAM's role in killings, unlawful detentions, forced expulsions of Javanese people and dubious justice systems, J. whereas the conflict in Aceh is causing massive internal displacement and destruction, especially in relation to schools, PAPUA K. whereas the people of the province of Papua have repeatedly asked the Indonesian authorities to engage in a genuine dialogue to tackle the aspirations of, and perceived injustices against, the Papuan people, L. whereas the Indonesian national Parliament passed the Papuan Special Autonomy Law (Law No 21/2001) on 23 October 2001, M. whereas the international community, including the EU and the Pacific Islands Forum (PIF), has clearly expressed its support for Special Autonomy for Papua and whereas the EU is ready to provide financial support and technical assistance for the implementation of Special Autonomy, N. whereas Article 46 of the Papua Special Autonomy Law provides for a "Commission for Truth and Reconciliation" to be set up and whereas central government has so far failed to approve the governmental regulations needed for the establishment of the Papuan People's Assembly (Majelis Rakyat Papua or MRP) and the Commission for Truth and Reconciliation, O. whereas the provincial legislature, after strong protests by students, non-governmental organisations, religious leaders and the Papuan tribal council (Lembaga Masyarakat Adat), decided on 16 October 1999 to reject the division of the province into three distinct provinces, P. whereas Article 76 of the Special Autonomy Law for Papua states that any plan to divide the region into more provinces can only be executed after approval by the Provincial Government of Papua (DPRD) and the People's Representative Council (MRP), Q. whereas human rights defenders as well as members of political organisations in Papua are receiving death threats and in some cases feel they have to seek refuge abroad, ACEH 1. Is deeply concerned about the appalling violence and the persisting conflict in Aceh; 2. Urges the Indonesian Government and GAM to return to the negotiating table in order to reach an agreement to finally implement the COH, with a view to organising free and fair elections in 2004; 3. On the basis of the Geneva Agreement, calls on GAM to pursue its cause through the democratic process and to decommission its weapons, and calls on the Indonesian army to withdraw; 4. Underlines that the only viable way to guarantee the territorial integrity of Indonesia is for the Government to engage in a genuine dialogue with the provinces in order to tackle the root causes of separatism, and emphasises the importance of inter-ethnic and inter-regional dialogue and successful decentralisation; 5. Calls on the Indonesian Government to bring to account those responsible for violations of human rights in Aceh, as well as other parts of the country, whether committed by civilians, separatist groups, militias, paramilitaries or the military; 6. Calls on the Indonesian Government and GAM to ensure protection of and access for human rights defenders and to allow the UN Special Representative on Human Rights Defenders to visit; 7. Calls for all humanitarian organisations to be authorised once again to aid the population in complete safety; 8. Expresses its serious concern about the well-being of internationally recognised Acehnese human rights activists such as Mr Nazar and Mr Kautsar, who have been recognised as prisoners of conscience by international rights organisations, and calls for their immediate release; 9. Calls for religions and freedom of religion to be respected; deplores the restrictions on freedom of the press provided for under martial law; PAPUA 10. Is deeply concerned about Presidential Decree 1/2003 on the Acceleration of the Implementation of Law No 45/1999 on the division of the Province of Papua into three new provinces, as issued by President Megawati Sukarnoputri on 27 January 2003; 11. Calls on the Government of Indonesia to withdraw the said decree since it undermines the Special Autonomy Law for Papua and consequently the EU commitments regarding this Special Autonomy; 12. Calls on the Indonesian Government to urgently engage in a genuine dialogue with representatives of the people of Papua so as to prevent further violence; 13. Urges the Indonesian Government to work towards the full implementation of the Special Autonomy Law for Papua by finalising and approving government regulations regarding budgeting, legislative drafting and institutional development, including the implementation of the MRP and the Commission for Truth and Reconciliation; 14. Calls on the Government of Indonesia to endorse a National Commission on Human Rights (Komnas HAM) investigation into the numerous Papua human rights violations past and present, and to establish a credible and independent inquiry team of national and international human rights experts to investigate the impunity of the security forces; 15. Urges the Indonesian Government to find a peaceful solution to the situation in Papua province, to protect any populations at risk, and to invite the UN Special Rapporteurs on torture and summary executions to visit the Indonesian provinces concerned; o 16. Instructs its President to forward this resolution to the Commission, the Council, the Government and Parliament of Indonesia, the Governor and the Regional Houses of Representatives (DPRD) of Aceh and Papua, the Indonesian National Commission on Human Rights (Komnas HAM), the Secretary-General of the UN, the UN High Commissioner for Human Rights and the secretariats of ASEAN and the Pacific Islands Forum.
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| Burma |
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The European Parliament, – having regard to its previous resolutions on Burma and, in particular, its resolutions of 11 April 2002(1) and 13 March 2003(2), – having regard to the Council's Common Position 96/635/CFSP of 28 October 1996 defined by the Council on the basis of Article J.2 of the Treaty on European Union, on Burma/Myanmar(3), as renewed and extended by the Council's Common Position 2003/297/CFSP of 28 April 2003 on Burma/Myanmar(4), – having regard to Council Regulation (EC) No 552/97 of 24 March 1997 temporarily withdrawing access to generalised tariff preferences from the Union of Myanmar(5), – having regard to Council Regulation (EC) No 1081/2000 of 22 May 2000 prohibiting the sale, supply and export to Burma/Myanmar of equipment which might be used for internal repression or terrorism, and freezing the funds of certain persons related to important governmental functions in that country(6), A. whereas the dire political situation in Burma has deteriorated significantly in recent days, B. whereas Daw Aung San Suu Kyi, the leader of the opposition National League for Democracy (NLD), was arrested on 31 May 2003 along with 19 other party members, C. recalling that Parliament awarded the Sakharov Prize for Human Rights to Daw Aung San Suu Kyi, who has also won the Nobel Prize, D. whereas, according to reports, at least 70 people have been killed in the attack by the junta army and its supporters against Daw Aung San Suu Kyi and members of the National League for Democracy (NLD) in Upper Burma, E. whereas NLD members were the victims of an attack and were shot with catapults; soldiers also opened fire, killing and wounding a large number of NLD members, and whereas there are reports that Daw Aung San Suu Kyi suffered head injuries, F. concerned about the lack of information concerning the plight of Mr Tin Oo, vice-chairman of the NLD, who was accompanying Daw Aung San Suu Kyi, G. whereas the NLD's main offices throughout Burma have been closed by the ruling military State Peace and Development Council (SPDC) and universities and colleges have also been instructed to close, H. whereas almost exactly a year ago Daw Aung San Suu Kyi was released after a long period of house arrest – a move welcomed at the time as a sign that the junta was ready for political reform, I. having regard to the political dialogue initiated under the auspices of the UN Special Envoy, Razili Ismael, J. whereas the visit of Razili Ismael to Rangoon, scheduled for 6 June, could be called into question if he is not given an opportunity to meet Daw Aung San Suu Kyi, K. whereas more than 1000 people are still being detained in prison for political reasons, 1. Strongly condemns the detention of Daw Aung San Suu Kyi and other detained NLD members and demands their immediate release; 2. Demands that the SDC immediately cease its practice of perpetrating extrajudicial killings, systemic rape and political intimidation against the Burmese people; 3. Reaffirms its strong commitment and full support for democratic, judicial and political change in Burma; 4. Calls for the reopening of the NLD offices, and for the first credible steps towards the restoration of democracy in Burma to be taken; 5. Calls for the immediate reopening of all universities in Burma; 6. Calls on the Council to implement immediately the extension of the visa ban and assets freeze, as agreed in its aforementioned Common Position 2003/297/CFSP, the implementation of which was suspended until 29 October 2003 in the hope, now clearly lost, of progress being made towards the restoration of democracy and human rights; 7. Demands that the SPDC relinquish its grip on power and that the results of the last elections held be fully respected; 8. Calls on the Council and the Commission to show their readiness, in collaboration with the UN, to help facilitate the National Reconciliation process in Burma; 9. Calls upon ASEAN states to take urgent action to bring about change for the better in Burma before there is more loss of life and a further deterioration of the economic and political situation in the country; 10. Calls on the Council to place the situation in Burma on the agenda of the next ASEM Foreign Ministers" meeting on 23-24 July in Bali; 11. Instructs its President to forward this resolution to the Council, the Commission, the governments of the ASEAN Member States, Daw Aung San Suu Kyi, the UN Secretary General and the SPDC.
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| Zimbabwe |
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The European Parliament, – having regard to its previous resolutions on the situation in Zimbabwe, A. whereas the political and economic situation in Zimbabwe continues to deteriorate, B. whereas Zimbabwe's main opposition party, the Movement for Democratic Change (MDC), has called for a week of peaceful mass action, commencing on 2 June 2003 and due to continue until at least 6 June, C. whereas the Mugabe regime has declared the strike and demonstrations illegal and warned that anyone taking part in them will face "the full wrath of the law", D. whereas the majority of people have responded to the call for action, with factories, businesses and shops remaining closed, E. whereas government militias, as well as army, police and riot police units are stationed in all main towns in Zimbabwe, F. whereas a regime crackdown began even before the strikes and demonstrations had commenced, with the arrest and subsequent release of MDC President Morgan Tsvangirai and the arrest and assault of other MDC politicians, G. whereas the army and police have used excessive violence against demonstrators, and at least one person has died, H. whereas in the previous demonstrations of 18 and 19 March 2003, human rights groups recorded over 250 people admitted to hospital and over 500 people arrested as a result of the regime's violent response, I. whereas food and fuel are in increasingly short supply in Zimbabwe, prices for most basic goods are rising at a rate of over 50% per month, inflation has now reached almost 270%, and the Economist Intelligence Unit estimates that Zimbabwe will have the world's highest inflation before the end of 2003, with consumer prices likely to rise by over 300%, J. whereas the UN World Food Programme estimates that 7.2 million Zimbabweans, out of a total population of 12.6 million, are in need of food aid, K. whereas the last presidential and local elections were characterised by intimidation, repression, voting fraud and state-sponsored political violence, and were widely regarded as "not free and fair", L. whereas, because of their half-hearted implementation, EU targeted sanctions against the Mugabe regime have failed to prevent a deterioration of the situation in Zimbabwe, let alone bring about change for the better in the country, M. whereas the Zimbabwean Minister for Trade and Industry, Samuel Mumbengegwi, who was specifically banned from travelling to the EU, was granted a visa to attend the EU-ACP Council of Ministers meetings in Brussels (12-16 May 2003), weakening the EU's measures against the Mugabe regime, N. whereas the visit of South African President Mbeki, Nigerian President Obasanjo, and Malawi President Muluzi to Zimbabwe on 5 May 2003 failed to expedite a return to democracy and the rule of law in the country, O. whereas on 4 April 2003 the Southern African Development Community (SADC) unhelpfully expressed its wish to develop a channel for dialogue between the EU and Zimbabwe with a view to the lifting of EU sanctions against the Mugabe regime, 1. Condemns the Mugabe regime's increasingly violent oppression of the Zimbabwean people and demands that it immediately end its campaign of political intimidation and brutality, and respect citizens" constitutional right to peaceful demonstration; 2. Calls for the immediate release of all political prisoners; 3. Demands that the Mugabe regime immediately call free and fair elections under international supervision; 4. Deeply regrets the Council's continued unwillingness to implement fully and effectively EU measures against the Mugabe regime in the face of a rapidly deteriorating situation in Zimbabwe and despite repeated calls from the Parliament to do so; 5. Calls upon the Council to take a lead in the international community and effect a comprehensive strategy to restore democracy, the rule of law and respect for human rights in Zimbabwe; 6. Calls upon the Council to enhance its sanction measures and ensure that they are rigorously enforced, without exception; 7. Expresses its extreme disappointment that a tougher line has not been taken by African leaders in the region against Mugabe's regime, and particularly urges President Mbeki of South Africa, once again, to take a stronger lead in resolving the crisis in Zimbabwe by exercising South Africa's considerable influence in the region, which has yielded positive results on other occasions; 8. Is disappointed by the SADC's refusal to exert pressure on the Mugabe regime and urges the African Union and SADC countries to do everything possible to resolve the crisis; 9. Calls upon the UN to appoint a Special Rapporteur to investigate the human rights situation in Zimbabwe; 10. Instructs its President to forward this resolution to the Council and the Commission, the Governments of the Member States, the Secretary-General of the United Nations, the Secretary-General of the African Union, the Secretary-General of SADC, the ACP-EU Council, the Government and Parliament of Zimbabwe, the Government and Parliament of South Africa and the leaders of the G8 countries. | |||||||
| Relations with the complainant in infringements of Community law |
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The European Parliament, – having regard to the Commission communication (COM(2002) 141 – C5&nbhy;0288/2002)(1), – having regard to Articles 1 and 6 of the Treaty on European Union, – having regard to Article 41 of the Charter of Fundamental Rights of the European Union, – having regard to Regulation (EC) No 1049/2001 of 30 May 2001 of the European Parliament and the Council on public access to European Parliament, Council and Commission documents(2), – having regard to its resolutions of 16 July 1998(3) and 15 April 1999(4) on the annual reports of the European Ombudsman for 1997 and 1998, – having regard to Rule 47(1) of its Rules of Procedure, – having regard to the report of the Committee on Petitions (A5&nbhy;0157/2003), A. recalling its resolution of 6 September 2001 concerning the existence and the public accessibility, in the different Community institutions and bodies, of a code of good administrative behaviour(5), B. recalling the European Ombudsman's own-initiative inquiry and the criticisms made by the European Ombudsman when the complaint by Mr P. S. Emfietzoglou against the Macedonian Metro Joint Venture was closed, C. whereas the Commission enjoys a discretionary power in relation to its consideration of complaints and there is no question of challenging the Commission's handling of complaints lodged with it; the sole intention is to ensure that individual European citizens are adequately informed about the stage reached in the processing of their complaints, D. whereas, consequently, it would be appropriate for Community institutions and bodies to publish all their internal rules on administrative procedures in consolidated form, 1. Welcomes the Commission communication; 2. Considers that the provisions contained in the communication uphold the principle of transparency, which is inseparable from that of good administration, one of the fundamental aspects of European citizenship; 3. Commends the provision of individual European citizens with adequate information about the stage reached in the processing of their complaints and, by the same token, regards as reasonable the one-year delay within which the Commission must reach a decision and notify the complainants thereof; 4. Notes that the procedures to consider the various complaints lodged by European citizens with a whole range of Community bodies and institutions are the responsibility of different services, between which there is no coordination; notes that the separate nature of these procedures causes particular difficulties in the case of complainants lodging a complaint with the Commission, and a petition with the European Parliament, concerning the same grievances; 5. Notes, further, the need to clarify the procedure to be followed in cases of manifest disagreement between the institutions regarding the substance of a complaint, including when Parliament has endorsed a recommendation by the Ombudsman, which has not been recognised as valid by another institution; 6. Considers, consequently, that is necessary to obtain an interinstitutional agreement which would make it possible to achieve this essential coordination between all the Community bodies and institutions in relation to complaints and petitions, in the interests of Europe's citizens and with a view to ensuring efficient cooperation between Community institutions; 7. Instructs its President to forward this resolution to the Council, the Commission and the European Ombudsman.
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| Piracy and counterfeiting in the enlarged EU |
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The European Parliament, − having regard to Rule 51 of its Rules of Procedure, A. whereas piracy and counterfeiting have reached alarming levels in the EU and epidemic proportions in accession countries, B. recalling Commission statistics showing an increase of 900% in pirate goods intercepted by EU customs from 1998 to 2001, C. whereas counterfeiting and piracy lead to an average loss of 17 000 jobs per annum in the EU and millions in lost tax revenue for governments, D. concerned that consumers are misled by counterfeit goods which can pose serious health and safety risks, E. concerned that the organised crime networks behind the pirate trade use profits from piracy and counterfeiting to finance drug trafficking and terrorism, 1. Calls on the Council and the Commission
2. Instructs its President to forward this declaration to the Council, the Commission, the Member States and the EU accession countries. ANNEX Names of the signatories Aaltonen, Ahern, Ainardi, Alavanos, Andersen, Andersson, Andrews, Aparicio Sánchez, Attwoll, Auroi, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Barón Crespo, Bartolozzi, Bastos, Bautista Ojeda, Bayona de Perogordo, Beazley, Bebear, Belder, Berenguer Fuster, van den Berg, Berger, Bernié, Berthu, Bethell, Beysen, Bigliardo, Blak, von Boetticher, Boogerd-Quaak, van den Bos, Boumediene-Thiery, Bourlanges, Bowe, Brie, Brunetta, Buitenweg, Callanan, Camre, Casaca, Cashman, Caudron, Cercas, Ceyhun, Coelho, Cohn-Bendit, Collins, Corbey, Cornillet, Corrie, Costa R., Coûteaux, Crowley, Cunha, Cushnahan, Darras, Daul, Davies, De Clercq, Decourrière, Dell'Alba, Deprez, De Rossa, De Sarnez, Descamps, De Veyrac, Dhaene, Díez González, Dimitrakopoulos, Di Pietro, Doorn, Dover, Doyle, Echerer, Elles, Esclopé, Evans Jillian, Evans R., Färm, Fatuzzo, Fernández Martín, Ferrer, Ferri, Figueiredo, Fiori, Fitzsimons, Flemming, Flesch, Florenz, Folias, Ford, Foster, Fourtou, Frahm, Fraisse, Frassoni, Friedrich, Frutean, Gahler, Garçia-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Gasòliba i Böhm, Gawronski, Gemelli, Ghilardotti, Gillig, Gil-Robles Gil-Delgado, Glante, Glase, Görlach, Gollnisch, González Álvarez, Goodwill, Graça Moura, Grosch, Grossetête, Hansenne, Harbour, Hatzidakis, Haug, Heaton-Harris, Hedkvist Petersen, Helmer, Hermange, Hernández Mollar, Herzog, Hortefeux, Hudghton, Huhne, van Hulten, Hume, Hyland, Livari, Imbeni, Inglewood, Isler Béguin, Izquiero Collado, Jackson, Jarzembowski, Jöns, Jonckheer, Karlsson, Kauppi, Keßler, Kinnock, Kirkhope, Klamt, Konrad, Korhola, Koukiadis, Kratsa-Tsagaropoulou, Kronberger, Kuckelkorn, Lagendijk, Lamassoure, Langen, Lannoye, de La Perriere, Lechner, Lehne, Leinen, Liese, Lipietz, Lisi, Ludford, Lulling, Lynne, Maat, Maaten, McAvan, McCarthy, McCartin, MacCormick, McKenna, McNally, Maes, Maij-Weggen, Manders, Mann E., Marinho, Marinos, Marques, Martens, Martin D., Martin H., Martinez, Mathieu, Matikainen-Kallström, Mayer H.-P., Medina Ortega, Mennea, Miller, Miranda, Montfort, Moraes, Moreira Da Silva, Morillon, Murphy, Muscardini, Mussa, Myller, Napoletano, Naranjo Escobar, Newton Dunn, Nicholson, Niebler, Nisticò, Nordmann, Ojeda Sanz, Olsson, O'Neachtain, Onesta, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Paisley, Papayannakis, Parish, Pastorelli, Perez Alavarez, Perry, Piecyk, Piétrasanta, Piscarreta, Pittella, Podestà, Poettering, Pohjamo, Poli Bortone, Pomés Ruiz, Poos, Prets, Procacci, Pronk, Provan, Purvis, Queiró, Raymond, Read, Redondo Jiménez, Ries, Rocard, de Roo, Rothley, Rovsing, Rübig, Sacrédeus, Saint-Josse, Salafranca Sánchez-Neyra, Sandberg-Fries, Sandbæk, Sanders-ten Holte, Santini, Savary, Scallon, Schaffner, Schmid G., Schmid H., Schmidt, Schröder J., Seppänen, Simpson, Skinner, Smet, Sommer, Sornosa Martínez, Staes, Stenzel, Sterckx, Stevenson, Stihler, Stirbois, Stockton, Sudre, Sumberg, Suominen, Swoboda, Tannock, Theorin, Thomas-Mauro, Thors, Thyssen, Titley, Torres Marques, Trakatellis, Vairinhos, Valdivielso de Cué, Vallvé, Van Orden, Varela Suanzes-Carpegna, Vattimo, van Velzen, Vermeer, Veyrinas, Villiers, Vinci, Virrankoski, Vlasto, Wallis, Watson, Westendorp y Cabeza, Whitehead, Wieland, Wijkman, Wuermeling, Wuori, Wynn, Xarchakos, Zabell, Zacharakis, Zappalà, Zimeray, Zorba | ||||||||||||||||
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