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 European Council of 19-20 June 2003 in Thessaloniki |
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The European Parliament, – having regard to its resolutions on the European Convention and its resolution of 5 June 2003 on the meeting of the Troika with the countries participating in the Stability Pact for South-Eastern Europe,(1) its resolution of 19 June 2003 on a renewed transatlantic partnership for the third millenium(2) and its resolution of 19 June 2003(3) on an open method of coordination for the Community immigration policy and integrating migration issues in the European Union's relations with third countries, – having regard to the Presidency conclusions of the European Council meeting held in Thessaloniki on 19 and 20 June 2003, – having regard to the statements by the Council Presidency and the Commission on the outcome of the Thessaloniki European Council, European Convention - IGC 1. Welcomes the European Council's conclusions and its decision on the draft Treaty establishing a Constitution for Europe and takes the view that the latter must form the sole basis for the work of the Intergovernmental Conference; notes, therefore, that the "convention method" has proved effective in increasing democracy and transparency; 2. Warns against unpicking the essential elements of the package achieved by the Convention (the majority of whose members were parliamentarians); 3. Insists that the Convention must still reach a consensus on Part III and Part IV; emphasises the importance of the revision of Part III to achieve many procedural and policy reforms in conformity with Part I, especially with a view to extending qualified majority voting in the Council and codecision of the Parliament; underlines the necessity of amending Part IV in order to ensure the coming into force and future revision of the Constitution; 4. Calls on the Italian Presidency to convene the Intergovernmental Conference at a high political level as soon as possible (with the accession states taking a full and equal part), so that it can finish before the end of 2003; 5. Recalls that it has become established practice that the Commission and Parliament participate in Intergovernmental Conferences: Parliament sends MEPs as its representatives to the IGC and the President of Parliament participates in meetings held at the level of Heads of Government; 6. Underlines the importance of carrying forward into the IGC the more open, pluralistic and consensual spirit of the Convention, including the Presidency's keeping the members of the Convention informed; calls for progress reports to be made, firstly at the monthly part-sessions of the European Parliament and secondly before its Committee on Constitutional Affairs, if possible in the presence of the representatives of the national parliaments, on the work of the IGC; Immigration, frontiers and asylum 7. Notes that the Thessaloniki European Council has confirmed the difficulty and lack of progress in implementing the Seville conclusions, welcomes the European Council's recognition of the need to speed up the implementation of all aspects of the Tampere programme and reaffirms the need to maintain an overall, coherent approach to a common European policy on asylum and migration; 8. Insists that the EU needs to have a coherent common policy on and procedures for legal immigration, and therefore asks the European Council to explore legal means for third-country nationals to enter the Union, taking into account reception capacity and enhanced cooperation with the countries of origin; calls therefore on the Council to adopt the Directive on conditions for entering the EU for employment purposes; 9. Is dismayed at the death of numerous immigrants in shipwrecks in the Mediterranean; condemns the criminal action of all those who profit from trafficking in human beings and believes that more should be done to clamp down on these criminal networks, many of which operate across borders; 10. Notes the willingness of the Council to apply harmonised solutions to documents of third-country nationals, passports of EU citizens and information systems (SIS (Schengen Information System) II and VIS (Schengen Visa Information System)); 11. Calls on the Commission to submit to it as soon as possible, with a view to carrying out this harmonisation, proposals establishing legislative instruments enabling European laws to be put in place with regard to passports and visas, in accordance with Article 18(3) of the EC Treaty; 12. Notes that the European Council believes that guidelines should be laid down to develop a computerised visa-recognition system, with harmonised "biometric" data to be included on visas; demands that the Council and the Commission keep Parliament fully informed on the development of such proposals; 13. Stresses that the effective management of the external borders of EU Member States should be developed with a coherent and structured Community framework and methods while noting the particular needs of the new Member States; 14. Welcomes the fact that the Commission will examine whether it is necessary to create a Community operational structure, including a Community-financed European Border Guard Corps, in order to enhance operational cooperation for the management of the external and maritime borders; insists on the role that the Commission must play and the need to fully involve Parliament in these matters; 15. Intends to consider as soon as possible the Greek proposal aimed at setting up a network of immigration liaison officers (ILOs) in third countries; 16. Notes the willingness expressed by the European Council to consolidate solidarity in the area of freedom, security and justice; welcomes the Council's intention to ensure that the financial perspectives are adapted (as of 2006) to reflect this political priority of the Union; supports the wish of the Council to release in the meantime additional resources with which to meet the most pressing structural needs, namely:
17. Calls for a debate on the basis of the proposals made by the Commission in its Green Paper on a Community Return Policy (COM(2002) 175); 18. Notes that at the present there is no Community policy on the return of illegally residing persons and that the overriding priority must be voluntary return, while stressing that any policy development should fully respect the principle of non-refoulement and the right to seek asylum; 19. Believes that the Refugee Fund (heading 3) should not be reduced and should not be used to finance forced return programmes and that voluntary return programmes must be financed from the budget line for Cooperation with third countries on migration (heading 4) as long as there is no proper legal basis for return programmes, and insists that there is at present no basis justifying EU funding for expulsions and that, by virtue of the principle of subsidiarity, the various actions may therefore be financed from national budgets; 20. Regarding the lack of progress, confirmed by the European Council, in establishing a common European asylum system, reminds the Council to adopt, in 2003, the basic legislation already proposed by the Commission, and insists that the adoption of these instruments must give further impetus to the development of a common European asylum policy based on high protection requirements; 21. Notes that the codecision procedure and qualified majority voting should come into force once the Council has adopted these common rules on matters relating to asylum, as provided for by the Treaty of Nice; 22. Shares the Commission's concerns and doubts expressed in its Communication "Towards more accessible, equitable and managed asylum systems" and awaits its new report in June 2004 on the way to improve the ability to protect refugees; 23. Welcomes, therefore, the European Council decision to establish a comprehensive and multidimensional EU integration policy, which on the one hand can effectively contribute to new demographic and economic challenges and on the other hand can contribute to social cohesion and economic welfare; 24. Stresses that an EU integration policy must strike a balance between rights and corresponding obligations of legally resident third-country nationals and the host societies, and that the responsibility of the latter includes adjusting to newcomers, respecting their identity (within the law) and ensuring equality of treatment and non-discrimination; 25. Calls on the Council to adopt the directives on family reunification and long-term resident status, essential legal instruments for the integration of third-country nationals, as proposed by the Commission and amended by Parliament; insists that third-country nationals should enjoy rights and obligations comparable to those of EU citizens, including the political right to vote in local and European elections; 26. Considers that integrating migration issues in EU relations with third countries is an important part of a balanced approach to improved management of migration flows, but calls on the Council to promote co-development in relations with third countries; 27. Welcomes the European Council's proposal to make the European migration network a permanent structure, but wishes it to be implemented in agreement with Parliament; 28. Welcomes the fact that the Commission will present an annual report on migration and integration in Europe, including EU-wide migration data, and calls on the Commission to highlight best practice in respect of immigration and integration policies as practised by the Member States; Combating terrorism 29. Welcomes the Presidency's report to the European Council (Annex I to the Presidency Conclusions), particularly its recommendations on fighting funding for terrorism and collaboration with third countries, particularly the United States; 30. Calls for improved "inter-pillar" cooperation through the coordination of the measures adopted in the framework of Justice and Home Affairs, such as the European Arrest Warrant, and the powers conferred on Europol to fight terrorism, with the measures adopted under ESDP; 31. Recalls the necessity to link the fight against funding for terrorism with the fight against money laundering and drug trafficking; Enlargement, Cyprus, Western Balkans and Wider Europe 32. Underlines the positive prospects for the membership of Bulgaria and Romania; supports the Turkish Government in its programme of radical reform at home and urges the Commission to properly consult Parliament before finalising its recommendations in preparation of the European Council in December 2004; Cyprus 33. Expresses the deep conviction that Cyprus's entry into the Union will create a climate favourable to bringing both communities of the island closer together and finding a solution in the UN framework; urges Turkey and the Turkish Cypriot leadership to respond positively to the UN Secretary-General's efforts; Western Balkans 34. Recognises the irreversibility of the process under which each of the Western Balkan countries is moving towards accession; at the same time insists on the principle that each country should be judged on its own merits and believes that this differentiated approach should take into account the desirability of the regional approach; 35. Calls upon the Council and the Commission to present to Parliament a viable financial framework for further support to the Stabilisation and Association Process under the restructured heading 7; 36. Considers also that the pace of further enlargement must take into account the capacity of the EU institutions to continue to function effectively; Wider Europe and Mediterranean 37. Views with great interest the opportunity presented by the launching of the initiative on relations between an enlarged Europe and its neighbours to the East and South; is of the opinion that an inclusive process must be developed to create a system of beneficial reciprocal relations promoting a common vision of democracy, respect for human rights and social progress; 38. Welcomes the Presidency conclusions following the mid-term Euro-Mediterranean Conference held on 26-27 May 2003 in Crete, and hopes that the EU and the partner countries will make a more resolute and methodical commitment to give body and substance to the Barcelona process in the spirit of co-development; 39. Recalls the need to achieve all the objectives set out in the Barcelona Declaration; 40. Reiterates its proposal to establish a Euro-Mediterranean Parliamentary Assembly, reinvigorating the parliamentary dimension of the Barcelona process through a greater degree of institutionalisation and a higher political profile and guaranteeing parliamentary control of and follow-up to the Euro-Mediterranean Association Agreements; calls for the Ministerial Conference in Naples to define the legal basis to enable the Euro-Mediterranean Parliamentary Forum to be transformed into a Parliamentary Assembly; Follow-up to the 2003 Spring European Council 41. Stresses the importance of European Councils going beyond mere repetition and stocktaking and giving much clearer leadership with respect to implementing the Lisbon strategy at both European and national levels, where much still remains to be done; awaits with interest the Commission's initiative, in cooperation with the European Investment Bank, to increase overall investment and private-sector involvement in TENs and major R&D projects; 42. Following the Council's adoption of the Employment Guidelines and of the Broad Economic Policy Guidelines, regrettably without taking due account of the main proposals made by the European Parliament, recalls the need for an EU global approach to sustainable development and therefore deplores the absence of any reference to the Göteborg commitments; 43. Notes the candidacy of Mr Jean-Claude Trichet for the presidency of the European Central Bank, and undertakes to make known its opinion under Article 112 of the Treaty and in accordance with Rule 36 of its Rules of Procedure; International Criminal Court 44. Regards the establishment of the ICC as a great step forward for the development of international law and stresses that the Rome Statute is an essential element of the values which form the basis of the EU democratic model; 45. Welcomes Council Common Position 2003/444/CFSP of 16 June 2003(4) on the International Criminal Court, whereby the Union and its Member States (…) shall continue, as appropriate, to draw the attention of third States to the Council Conclusions of 30 September 2002 on the International Criminal Court and to the EU Guiding Principles annexed thereto, with regard to proposals for agreements or arrangements concerning conditions for the surrender of persons to the Court, and expects Member States to respect the Common Position; 46. Welcomes furthermore the Presidency's strong support for the ICC and its commitment to work actively for the universality of the Court and to contribute to its effective functioning; 47. Calls upon and encourages the governments and parliaments of Member States, accession states and countries associated with the EU in the Euro-Mediterranean partnership, the Mercosur, Andean Pact and San José process countries, the countries involved in the Stability and Association Process, the ACP and the ASEAN countries to refrain from concluding or ratifying any "Bilateral Impunity Agreement" or other similar arrangements; 48. Regrets, in this regard, the continued opposition of the current US Administration to the ICC and regrets that it is intensifying its political and financial pressure worldwide, trying to persuade State Parties and Signatory States to the Rome Statute as well as non-signatory states to enter into bilateral non-surrender agreements by threatening to suspend military and economic aid as well as other forms of assistance; 49. Welcomes the Declaration by the ten accession states, Bulgaria and Romania, and Norway, Liechtenstein and Iceland, that they share the objectives of the abovementioned Common Position and that they will ensure that their national policies conform to this position; 50. Urges the Italian Presidency to adapt and update the Action Plan adopted in May 2002, in accordance with the new Common Position; in particular encourages the Presidency to include in the Action Plan the establishment of a full-time focal point within the Council Secretariat, supporting and facilitating the efforts of the Presidency; 51. Urges the Council and the Commission to engage in a dialogue with the US administration on all matters relating to the ICC; notes with disappointment that the UN Security Council has renewed its resolution 1487 for one year and asks the Council and the Commission to make every effort to avoid any further renewal of this resolution, which extends immunity to the UN's own peacekeepers; External relations, CFSP, ESDP 52. Expresses its interest in the recommendations presented by the High Representative for CFSP on a European Strategy on security and requests that it be involved in the formulation and implementation of the EU security strategy; recalls the proposals put forward during the present parliamentary term on all aspects of a geniune European Security and Defence Policy, including those concerning the institutions; 53. Notes with satisfaction that the EU now has operational capability across the full range of Petersberg tasks, which has been reaffirmed through the launching of the first ESDP operations: EUPM in Bosnia-Herzegovina, Concordia in FYROM and Artemis in Bunia in the DRC; regrets however that this operational capability is still limited and constrained by many shortfalls and calls therefore upon the Council to continue to develop the EU's military capabilities including through the establishment of ECAP Project Groups; 54. Recalls the agreement reached during the 2003 budgetary procedure on the provision at an early stage of information to, and consultation of, Parliament on the CFSP and ESDP; deplores the fact that the Council did not respect this agreement in the case of ESDP action in FYROM (the Concordia mission); 55. Welcomes the decision to establish in 2004 a Defence Capabilities Agency with the purpose of enhancing the capacity of the European defence industry to meet strategic requirements; The Arab world 56. Agrees on the necessity of reinforcing its partnership with the Arab world, through the intensification of political dialogue, promoting pluralism, democratic reforms and economic and social development; Middle East 57. Reasserts the crucial importance of respecting the Road Map proposals as adopted and of their immediate implementation; calls on all parties to demonstrate their sincere and resolute commitment, and considers that terrorism and violence can only waste this opportunity to resolve the conflict; Iraq 58. Considers the adoption of UNSC Resolution 1483 as a clear indication of the wish to return to the constructive spirit of cooperation within the UN and looks forward to the contribution of the UN, and in particular its Special Representative, to the formation of a representative Iraqi government; 59. Supports the Council's determination to involve the EU in the humanitarian relief efforts and asks the Commission and the High Representative to submit proposals for the EU contribution without delay; 60. Recalls its commitment to participate in the reconstruction of Iraq within the framework of UNSC Resolution 1483 and recalls that the establishment of an Iraqi government as soon as possible would be a further guarantee that Iraqi natural resources will finally benefit the Iraqi population; Cuba 61. Firmly condemns the current policy of the Cuban authorities which has brought increased repression of opposition leaders; reaffirms its resolution of 10 April 2003 on human rights in Cuba(5) and urges the Cuban authorities to free those detained and to end the harassment to which defenders of human rights and democracy are being subjected; Iran 62. Recalls its support for the IAEA mission to examine Iran's nuclear programme and calls on Iran to commit itself to full transparency and cooperation with the IAEA, including the signing of the Additional Protocol; 63. Expresses its strong concern about and deplores the treatment of the opposition, especially students, by the authorities and certain vigilante groups, recalls its demands for improvement of the human rights situation in the country and expects the Commission and the Council to brief Parliament regularly on the political dialogue; Green diplomacy 64. Welcomes the renewed commitment by the European Council to integrate the environment into external relations by promoting European diplomacy with regard to the environment and sustainable development, which translates into action Parliament's views and is fully in line with Parliament's statements in all international fora; 65. Underlines that, in the context of globalisation of environmental issues such as climate change, management of water resources and sustainable development in general, it is of particular relevance to integrate the environmental dimension into all policies at global level, as is the case at European level; o 66. Instructs its President to forward this resolution to the European Council, the Council, the Commission, the governments and parliaments of the Member States and the accession states and the European Convention.
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| Marco Polo Programme ***II |
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(Codecision procedure: second reading) The European Parliament, – having regard to the Council common position (5327/1/2003 – C5&nbhy;0225/2003)(1), – having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2002) 54)(3), – having regard to Article 251(2) of the EC Treaty, – having regard to Rule 78 of its Rules of Procedure, – having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5&nbhy;0220/2003), 1. Approves the common position; 2. Notes that the act is adopted in accordance with the common position; 3. Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; 4. Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; 5. Instructs its President to forward its position to the Council and the Commission.
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| ECB capital subscription key * |
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(Consultation procedure) The European Parliament, – having regard to the Commission's proposal to the Council (COM(2003) 114)(1), – having regard to the opinion of the European Central Bank(2), – having regard to Article 29 of the Protocol on the Statute of the European System of Central Banks (ESCB) and of the European Central Bank (ECB) annexed to the Treaty, – having regard to Article 107(6) of the EC Treaty, pursuant to which the Council consulted Parliament (C5&nbhy;0125/2003), – having regard to Rule 67 of its Rules of Procedure, – having regard to the report of the Committee on Economic and Monetary Affairs (A5&nbhy;0215/2003), 1. Approves the Commission proposal; 2. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; 3. Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament; 4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; 5. Instructs its President to forward its position to the Council and the Commission.
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| Gender budgeting |
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The European Parliament, – having regard to the EC Treaty, in particular to Articles 2, 3(2), 13 and 141(4) thereof, – having regard to Article 23(1) of the EU Charter of Fundamental Rights(1), – having regard to the UN Convention of 18 December 1979 on the Elimination of All Forms of Discrimination Against Women (CEDAW)(2), – having regard to the Vienna Declaration and Programme of Action, as adopted by the World Conference on Human Rights on 25 June 1993(3), – having regard to the United Nations International Conference on Population and Development, held in Cairo in 1994, – having regard to the 1995 Commonwealth Plan of Action on Gender and Development and its 2000-2005 update(4), – having regard to the Platform for Action adopted at the Fourth World Conference on Women held in Beijing on 15 September 1995(5), – having regard to its resolution of 18 May 2000 on the follow-up to the Beijing Action Platform(6), – having regard to the Commission's communication of 7 June 2000 entitled 'Towards a Community framework strategy on gender equality (2001-2005)' (COM(2000) 335) and to its resolution of 3 July 2001(7) on the work programme for 2001, – having regard to its resolution of 8 April 2003 containing the comments accompanying the decision concerning discharge in respect of the implementation of the general budget of the European Union for the year 2001(8), in particular paragraphs 1 and 5 thereof, – having regard to the hearing on gender budgeting in the European Parliament held by the Committee on Women's Rights and Equal Opportunities on 23 January 2003 in Brussels, – 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 (A5-0214/2003), A. whereas equality of men and women is a fundamental principle of Community law according to Article 2 of the Treaty and thus part of the Community acquis; whereas equality between women and men is established by Article 23 of the Charter of Fundamental Rights, B. whereas Article 3(2) of the Treaty stipulates that equality between men and women must be promoted in all EU activities and that the Community shall aim to eliminate inequalities, C. whereas the Vienna Declaration on Human Rights clearly imposes the obligation to promote the full and equal participation of women in political, civil, economic, social and cultural life, at the national, regional and international levels, and declares the eradication of all forms of discrimination on grounds of sex as a priority objective of the international community (Article 18), D. whereas the Beijing Platform for Action endorsed gender mainstreaming as an effective strategy to promote gender equality and stated that governments and other players "should promote an active and visible policy of mainstreaming a gender perspective in all policies and programmes, so that before decisions are taken an analysis is made of the effects on women and men respectively", E. whereas gender mainstreaming means incorporating equal opportunities for women and men into all Community policies and activities and has thus been implemented in the work of the Commission, including the European Employment Strategy, the European Strategy for Social Inclusion, the research policy, the European Structural Funds, the policy for cooperation and development, the external relations, F. whereas since 1996 the Commission has adopted a policy of gender mainstreaming and incorporation of equal opportunities for women and men in all Community activities and policies, G. whereas gender budgeting can be identified as the application of gender mainstreaming in the budgetary process and, as such, places emphasis on the analysis of the impact of public policies on women and men, incorporates the gender perspective at all levels of the process of building public budgets and aims at restructuring revenues and expenditures in order to promote gender equality, H. whereas the Commission has signalled its commitment in this respect by the decision to set up a working group within the framework of its Advisory Committee on Equal Opportunities for Women and Men to carry out a survey inside the EU Member States and to promote the implementation of gender budgeting in the EU and national budgets, I. whereas the Commission has signalled its commitment in this respect through Commissioner Schreyer's statement to the Women's Right and Equal Opportunities Committee during its public hearing on gender budgeting, J. whereas a working group of experts on gender budgeting has also been created in the Council of Europe and has produced a preliminary background paper, K. whereas the Belgian Presidency of the Council, together with the OECD, UNIFEM, the Commonwealth and the Nordic Council of Ministers, held a seminar on this issue in October 2001, L. whereas gender budgeting initiatives are already being taken in a number of EU countries, both at national and regional level, e.g. in Ireland, England, Scotland and Spain, and at local level, e.g. in some communes in Italy, and have already long existed in other parts of the world, e.g. in Australia, Canada and South Africa; recalling also that, in a number of countries in Asia, Africa and Latin America, gender budgeting initiatives are being tried out in specific sectoral policies, Definition, aims and scope of gender budgeting 1. Endorses the definition of gender budgeting, as the application of gender mainstreaming in the budgetary process – proposed by the informal network on gender budgeting organised by the Council of Europe; this entails a gender-based assessment of budgets, incorporating a gender perspective at all levels of the budgetary process and restructuring revenues and expenditures in order to promote gender equality; 2. Emphasises that gender budgeting does not aim to produce separate budgets for women, but rather to influence public budgets, since they are not gender-neutral, as they have a different impact on women and men both from the revenue and from the expenditure perspective; with this in mind gender budgeting implies that in all budget programmes, measures and policies, revenue or expenditure in all programmes and actions should be assessed and restructured in order to ensure that women's priorities and needs are taken into account on an equal basis to those of men, the final aim being to achieve equality between men and women; 3. Highlights that, by defining and implementing budgetary policies, public authorities take specific political decisions affecting society and the economy; public budgets are not mere financial and economic tools, but are the basic framework within which the model of socio-economic development is shaped, criteria of income re-distribution are set and political aims are prioritised; 4. Recalls that gender budget strategies must be implemented in a broader macro-economic context which bolsters the development of human resources and human capital; according to the principles and objectives set at the Lisbon European Council, social development and human empowerment should be promoted as long-term investments in the framework of the European policies for employment and economic growth in order to create a competitive European economy based on knowledge; 5. Emphasises that successful implementation of gender budgeting requires a political commitment to achieving equality between women and men; this means that all institutions defining public policies must promote political and institutional representation of women at all levels, support a wider presence of women in all decision-making processes both in public and private sectors and develop public sensitivity and concern for equal opportunities and human capital development; 6. Stresses the fact that macro-economic policy can contribute to narrowing or widening gender gaps in terms of economic resources and power, education and training and health; by promoting gender equality and by implementing policies in the framework of gender budgeting, public budgets also achieve major political objectives such as:
Tools and methods of gender budgeting 7. Reiterates its support for greater efficiency in public spending, both at EU and Member State level, and an improvement in the functioning of the internal market; reaffirms the need to promote employment, as stipulated in the Lisbon summit, to enhance gender perspective in all policies, and to promote women's participation in the decision-making process; in this respect, gender budgeting can serve to improve the achievement of these aims while promoting a more equal distribution of financial burdens and benefits among citizens; 8. Specifies that building a public budget from a gender perspective means:
9. Points out that gender budgeting strategies require interministerial coordination linking ministries for the budget, economic affairs and finance with the ministry and/or departments and organisations responsible for equal opportunities, involving all the departmental heads and sectoral officials taking part in drawing up the public budget, in order to ensure that the gender perspective is incorporated in the definition of revenue and expenditure in all budget policies; 10. Emphasises that gender budget strategies are based on complex and diversified methodologies which encompass aims, tools, actions and measures specific to gender and to the context of implementation; this means that gender budgeting methodology must tackle socio-economic inequalities between women and men according to the different realities at local, regional, national and European level, in order to be appropriate and successful in achieving gender quality; 11. Calls on the Commission and the Member States to draw up and maintain gender-specific data for all policy areas; Objectives of the report on Gender Budgeting 12. Calls on the Member States to monitor and analyse the impacts of macroeconomic and economic reform policies on women and men, and the development of strategies, mechanisms and corrective measures to address gender imbalances in key areas, with the aim of creating a broader economic and social framework in which gender budgeting could be positively implemented; 13. Calls on the Commission to promote the creation of a European network of entities carrying out gender budgeting and experts/managers dealing with the subject, in particular women, to be linked to the network of parliamentary committees for equal opportunities; this network may contribute to developing and disseminating knowledge of the methods, processes and mechanisms of gender budgeting, to promoting the exchange of best practice and positive experience, and to providing governments, parliaments and budgetary authorities with a framework for action and strategies of reproducible experience, in order to help them incorporate the objective of equality between men and women in all budget policies, programmes and measures; 14. Calls on the Commission, the Member States, and local and regional governments to carry out gender budgeting and stresses that the gender budgeting strategy should become a "parliamentarised procedure" within the European Parliament and national, regional and local parliaments, with particular reference to the countries about to join the EU; to this end stresses that the parliamentary committees for women's rights must play a key role; 15. Calls on the Commission to apply the findings and principles of the opinion from the European Commission's Advisory Committee Working Group to the EU budget; 16. Asks the Commission, with a view to spreading knowledge of strategies and methodologies of gender budgeting through all institutions at European, national, regional and local level, to produce and distribute extensively a brochure explaining instruments and methods for incorporating gender budgeting and making available to all actors potentially concerned with budgetary processes and policies - i.e. institutions, governments, public authorities and administrations, associations and NGOs – a guide providing information on aims, strategies, mechanisms and tools of gender budgeting; 17. Calls on the Member States to use and promote the application of gender budgeting instruments and methods (accompanied by specific statistics broken down by gender, and indicators and benchmarks on equality between the sexes) so that budgetary revenue and expenditure policies may be structured and carried out with the aim of promoting equality between women and men; 18. Calls on the Commission to initiate a wide-ranging information campaign on the subject of gender budgeting, targeting the general public and national and regional governments and parliaments, distribute the brochure on gender budgeting and disseminate the experience acquired in developing and carrying out gender budgeting according to the results of the inquiry carried out by the working group on gender budgeting set up by the Commission; 19. Requests the Commission to produce within two years a communication on gender budgeting and draw up indicators or benchmarks, taking into consideration the results of the work of the Expert Group on GB, in order to provide an overview of the process and to shape a strategy for action for the EU and the Member States; calls also for the inclusion, in the implementation of the second part of the Fifth Programme for Equal Opportunities, of gender budget policy within the objectives, tools and mechanism of the Framework Strategy for Equality, following the mid-term review scheduled for December 2003; 20. Calls on its Committee on Budgets to implement gender budgeting in the process of EU budget definition in order to develop a gender-responsive budgetary policy in the EU; instructs its committee responsible with promoting and monitoring the implementation of gender budgeting in the EU budget with respect to definition, construction, implementation and evaluation of all EU budgetary policies; o 21. Instructs its President to forward this resolution to the Commission and the governments of the Member States.
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| Single European Sky: Framework Regulation ***II |
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(Codecision procedure: second reading) The European Parliament, – having regard to the Council common position (15851/3/2002 – C5-0138/2003)(1), – having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2001) 123)(3), – having regard to the amended proposal (COM(2002) 658)(4), – having regard to Article 251(2) of the EC Treaty, – having regard to Rule 80 of its Rules of Procedure, – having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5&nbhy;0219/2003), 1. Amends the common position as follows; 2. Instructs its President to forward its position to the Council and Commission. Position of the European Parliament adopted at second reading on 3 July 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No .../ 2003 laying down the framework for the creation of the Single European Sky ("the framework Regulation")
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof, Having regard to the proposal from the Commission (5), Having regard to the Opinion of the European Economic and Social Committee (6), Having regard to the Opinion of the Committee of the Regions (7), Acting in accordance with the procedure laid down in Article 251 of the Treaty (8), Whereas: (1) Implementation of the common transport policy requires an efficient air transport system allowing safe and regular operation of air transport services, thus facilitating the free movement of goods, persons and services. (2) At its Extraordinary Meeting in Lisbon on 23 and 24 March 2000, the European Council called on the Commission to put forward proposals on airspace management, air traffic control and air traffic flow management, based on the work of the High Level Group on the Single European Sky set up by the Commission. This Group, made up largely of the civil and military air navigation authorities in the Member States, submitted its report in November 2000. (3) Air navigation services should protect both air-transport users and residents affected by over-flying aircraft. They should therefore be provided in accordance with the highest standards of responsibility and competence. (4) The Single European Sky initiative should be developed in line with the obligations stemming from the membership of the Community and its Member States of Eurocontrol, and in line with the principles laid down by the 1944 Chicago Convention on International Civil Aviation. (5) Decisions relating to the content, scope or carrying out of military operations and training do not fall within the sphere of competence of the Community. (6) Airspace constitutes a limited resource, the optimum and efficient use of which will be possible only if the requirements of all users are taken into account. Member States should enhance civil-military cooperation and, if and to the extent deemed necessary by all Member States concerned, facilitate cooperation between their armed forces in all matters of air traffic management. (7) For all these reasons, and with a view to extending the Single European Sky to include a larger number of European States, the Community should, while taking into account the developments occurring within Eurocontrol, lay down common objectives and an action programme to mobilise the efforts by the Community, the Member States and the various economic stakeholders in order to create a more integrated operating airspace: the Single European Sky. (8) Where Member States take action to ensure compliance with Community requirements, the authorities performing verifications of compliance should be sufficiently independent of air navigation service providers. (9) Air navigation services (air traffic, communication, navigation and surveillance) are comparable to public authorities requiring functional or structural separation and are organised according to very different legal forms in the various Member States. (10) Where independent audits are required relating to providers of air navigation services, inspections by the official auditing authorities of the Member States where those services are provided by the administration, or by a public body subject to the supervision of the abovementioned authorities, should be recognised as independent audits, whether the audit reports drawn up are made public or not. (11) It is desirable to extend the Single European Sky to European third countries, either within the framework of participation by the Community in the work of Eurocontrol, after the accession by the Community to Eurocontrol, or by means of agreements concluded by the Community with these countries. (12) The accession of the Community to Eurocontrol is an important component in the creation of a pan-European airspace. (13) In the process of creating the Single European Sky, the Community should, where appropriate, develop the highest level of cooperation with Eurocontrol in order to ensure regulatory synergies and consistent approaches, and to avoid any duplication between the two sides. (14) In accordance with the conclusions of the High Level Group, Eurocontrol is the body that has the appropriate expertise to support the Community in its role as regulator. Accordingly, implementing rules should be developed, for matters falling within the remit of Eurocontrol as a result of mandates to that organisation, subject to the conditions to be included in a framework of cooperation between the Commission and Eurocontrol. (15) The drafting of the measures necessary in order to create the Single European Sky requires broad&nbhy;based consultations of economic and social stakeholders. (16) The social partners should be informed and consulted in an appropriate way on all measures having significant social implications. The Sectoral Dialogue Committee set up under Commission Decision 98/500/EC of 20 May 1998 on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the social partners at European level (9) should also be consulted. (17) In addition to the Single Sky Committee, an 'Industry Consultation Body', in which associations of airspace users, flight-safety organisations and the manufacturing industry would take part, should be established to advise the Commission on technical aspects of the implementation of the Single European Sky. (18) The performance of the air navigation services system as a whole at European level should be assessed on a regular basis, with due regard to the maintenance of a high level of safety, to check the effectiveness of the measures adopted and to propose further measures. (19) There should be a scale of penalties, without reducing safety, proper enforcement and effective sanctions against airlines and service providers which breach the provisions of this Regulation. (20) The impact of the measures taken to apply this Regulation should be evaluated in the light of reports to be submitted regularly by the Commission. (21) This Regulation does not affect the power of Member States to adopt provisions in relation to the organisation of their armed forces. Provision should therefore be made for a safeguards clause to enable this power to be exercised. (22) Arrangements for greater cooperation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries. Such arrangements have yet to enter into operation. (23) Since the objective of this Regulation, namely the creation of the Single European Sky, cannot be sufficiently achieved by the Member States, by reason of the transnational scale of the action, and can therefore be better achieved at Community level, while allowing for detailed implementing rules that take account of specific local conditions, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective. (24) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10), HAVE ADOPTED THIS REGULATION: Article 1 Objective and scope 1. The objective of the Single European Sky initiative is to enhance current safety standards and overall efficiency for general air traffic in Europe, to optimise capacity meeting the requirements of all airspace users and to minimise delays. In pursuit of this objective, the aim of this Regulation is to establish a harmonised regulatory framework for the creation of the Single European Sky by 31 December 2004. 2. This Regulation lays down the general lines of approach governing creation of the Single European Sky and identifies the fields for action by the Community and the means necessary, in terms of structures, procedures and resources, in order to create the Single European Sky, while taking into account the Member States" defence needs and Eurocontrol's task of establishing a pan&nbhy;European airspace. 3. The application of this Regulation and of the measures referred to in Article 3 shall be without prejudice to the rights and duties of Member States under the 1944 Chicago Convention on International Civil Aviation. 4. The application of this Regulation and of the measures to be adopted in accordance with Article 3 to the airport of Gibraltar is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated. 5. Application of this Regulation and of the measures to be adopted in accordance with Article 3 to Gibraltar airport shall be suspended until the arrangements included in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into operation. The Governments of Spain and the United Kingdom will inform the Council of such date of entry into operation. Article 2 Definitions
Article 3 Fields for action by the Community 1. This Regulation establishes a harmonised regulatory framework for the creation of the single European Sky in conjunction with:
2. The measures referred to in paragraph 1 shall apply subject to the provisions of this Regulation. Article 4 National Supervisory Authorities 1. Member States shall nominate or establish a body or bodies as their national supervisory authority in order to assume the tasks assigned to such authority under this Regulation and under the measures referred to in Article 3. 2. The national supervisory authorities shall be independent of air navigation service providers. This independence shall be achieved through adequate separation, at the functional level at least, between the national supervisory authorities and such providers. Member States shall ensure that national supervisory authorities exercise their powers impartially and transparently. 3. Member States shall notify the Commission of the names and addresses of the national supervisory authorities, as well as changes thereto, and of the measures taken to ensure compliance with paragraph 2. Article 5 Committee procedure 1. The Commission shall be assisted by the Single Sky Committee, hereinafter referred to as "the Committee", composed of two representatives of each Member State and chaired by a representative of the Commission. The Committee shall, in particular, seek to ensure a balance of interests between civilian and military users. 2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at one month. 4. The Committee shall adopt its rules of procedure. 5. Eurocontrol shall participate in the work of the Committee with observer status. Article 6 Industry Consultation Body In addition to the Committee, an 'Industry Consultation Body', to which associations of airspace users, flight-safety organisations and the manufacturing industry shall belong, shall be established to advise the Commission on technical aspects of the implementation of the Single European Sky. Article 7 Relations with European third countries When drafting the measures taken to implement this Regulation, the Commission shall act consistently in support of extending the Single European Sky to neighbouring countries which are not members of the European Union, whether under bilateral agreements concluded with the non-member countries or within the framework of Eurocontrol. Article 8 Implementing rules 1. For the development of implementing rules pursuant to Article 3 which fall within the remit of Eurocontrol, the Commission shall issue mandates to Eurocontrol setting out the tasks to be performed and the timetable therefor. In this connection, it shall make use of the organisation's working procedures, particularly as regards the involvement and consultation of interested parties, including the military authorities. The Commission shall act in accordance with the procedure referred to in Article 5(2). 2. On the basis of the work completed pursuant to paragraph 1, decisions regarding the application of the results of such work within the Community and the deadline for their implementation shall be taken in accordance with the procedure referred to in Article 5(3). These decisions shall be published in the Official Journal of the European Union. 3. Notwithstanding paragraph 2, if Eurocontrol cannot accept a mandate that was issued to it under paragraph 1, or if the Commission, in consultation with the Committee, considers that
4. For the development of implementing rules pursuant to Article 3 which fall outside the remit of Eurocontrol, the Commission shall act in accordance with the procedure referred to in Article 5(3). Article 9 Sanctions Member States shall lay down a system of sanctions for breaches of the provisions of this Regulation and shall take all the measures necessary to ensure that these sanctions are applied. The sanctions thus provided for shall be effective, proportional and dissuasive. The Member States shall take account, where appropriate, of the offender's status. Article 10 Consultation of stakeholders The Member States, acting in accordance with their national legislation, and the Commission shall establish consultation mechanisms for appropriate involvement of stakeholders in the implementation of the Single European Sky.
Consultation of stakeholders shall cover, in particular, the development and introduction of new concepts and technologies in the EATMN. Article 11 Performance review 1. The Commission shall ensure the examination and evaluation of air navigation performance, drawing upon the existing expertise of Eurocontrol. 2. The analysis of the information collected for the purposes of paragraph 1 aims at:
3. Without prejudice to the public's right of access to the Commission's documents as laid down in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (15), the Commission shall adopt, in accordance with the procedure referred to in Article 5(3), measures for the dissemination to interested parties of the information referred to in paragraph 2. Article 12 Supervision, monitoring and methods of impact assessment 1. The supervision, monitoring and methods of impact assessment shall be based on the submission of regular reports by the Member States on implementation of the actions taken pursuant to this Regulation. 2. The Commission shall periodically review the application of this Regulation and of the measures to be adopted in accordance with Article 3, and shall report to the European Parliament and to the Council, on the first occasion by ..... (16). For this purpose, the Commission may request from the Member States information additional to the information contained in the reports submitted by them in accordance with paragraph 1. 3. For the purposes of drafting the reports referred to in paragraph 2, the Commission shall request the opinion of the Committee. 4. The reports shall contain an evaluation of the results achieved by the actions taken pursuant to this Regulation including appropriate information about developments in the sector, in particular concerning economic, social, employment and technological aspects, as well as about quality of service, and in the light of the original objectives and with a view to future needs. Article 13 Safeguards
Article 14 Entry into force This Regulation shall enter into force on the twentieth day following that of 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 , For the European Parliament For the Council The President The President
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| Single European Sky: Air Navigation Services ***II |
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(Codecision procedure: second reading) The European Parliament, – having regard to the Council common position (15853/2/2002 – C5&nbhy;0137/2003)(1), – having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2001) 564)(3), – having regard to the Commission's amended proposal (COM(2002) 658)(4), – having regard to Article 251(2) of the EC Treaty, – having regard to Rule 80 of its Rules of Procedure, – having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5&nbhy;0225/2003), 1. Amends the common position as follows; 2. Instructs its President to forward its position to the Council and Commission. Position of the European Parliament adopted at second reading on 3 July 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2003 on the provision of air navigation services in the Single European Sky ("the service provision Regulation")
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof, Having regard to the proposal from the Commission (5), Having regard to the Opinion of the Economic and Social Committee (6), Having regard to the Opinion of the Committee of the Regions (7), Acting in accordance with the procedure laid down in Article 251 of the Treaty (8), Whereas: (1) Member States have restructured, to varying degrees, their national air navigation service providers by increasing their level of autonomy and freedom to provide services. It is increasingly necessary to ensure that minimum public-interest requirements are satisfied under this new environment. (2) The report of the High Level Group on the Single European Sky, of November 2000, has confirmed the need for rules at Community level to distinguish between regulation and service provision and to introduce a system of certification aimed at preserving public-interest requirements, most notably in terms of safety, and to improve charging mechanisms. (3) Regulation (EC) No ..../2003 of the European Parliament and of the Council of ………. ("the framework Regulation")(9) lays down the framework for the creation of the Single European Sky. (4) In order to create the Single European Sky, measures should be adopted to ensure the safe and efficient provision of air navigation services consistent with the organisation and use of airspace as provided for in Regulation (EC) No ..../2003 of the European Parliament and of the Council of ………on the organisation and use of the airspace in the Single European Sky ("the airspace Regulation")(10). The establishment of a harmonised organisation for the provision of such services is important in order to respond adequately to the demand of airspace users and to regulate air traffic safely and efficiently. (5) The provision of air traffic services, as envisaged by this Regulation, is connected with the exercise of the powers of a public authority, which are not of an economic nature justifying the application of the Treaty rules of competition. (6) Member States are responsible for monitoring the safe and efficient provision of air navigation services and for the control of compliance by air navigation service providers with the common requirements established at Community level. (7) Member States should be permitted to entrust to recognised organisations, which are technically experienced, the verification of compliance of air navigation service providers with the common requirements established at Community level. (8) Smooth operation of the air transport system also requires uniform and high safety standards for air navigation service providers. (9) Arrangements should be proposed to overcome the lack of controllers, through the improvement and harmonisation of the procedures for selection, training, authorisation, rating and licensing and the mutual recognition of licences. The Commission should monitor and, where appropriate, support Member States' recruitment programmes. (10) Whilst guaranteeing the continuity of service provision, a common system should be established for certifying air navigation service providers, which constitutes a means for defining the rights and obligations of those providers. Certificates should be granted for a maximum period of ten years. (11) Conditions attached to certificates should be objectively justified and should be non&nbhy;discriminatory, proportionate and transparent, and compatible with relevant international standards. (12) The certificates should be mutually recognised by all Member States in order to allow air navigation service providers to provide services in a Member State other than the country in which they obtained their certificates, within the limits of the safety requirements. (13) The provision of communication, navigation and surveillance services, as well as aeronautical information services, should be organised under market conditions whilst taking into account the special features of such services and maintaining a high level of safety. (14) In the interest of facilitating the safe handling of air traffic across the boundaries of the Member States for the benefit of the airspace users and their passengers, the system of certification should provide for a framework to enable Member States to designate providers of air traffic services, regardless of where they have been certified. (15) On the basis of their analysis of safety considerations, Member States should be able to designate one or more providers of meteorological services in respect of all or part of the airspace under their responsibility, without the need to organise a call for tenders. (16) Air navigation service providers should establish and maintain close cooperation with military authorities responsible for activities that may affect general air traffic, through appropriate arrangements. (17) The accounts of all air navigation service providers should provide for maximum transparency. (18) The introduction of harmonised principles and conditions for access to operational data should facilitate the provision of air navigation services and the operation of airspace users and airports under a new environment. (19) Charging conditions applying to airspace users should be fair and transparent. (20) User charges should provide remuneration for the facilities and services provided by air navigation service providers and Member States. The level of user charges should be proportionate to the cost, taking into consideration the objectives of safety and economic efficiency. (21) There should be no discrimination between airspace users as to the provision of equivalent air navigation services. (22) Air navigation service providers offer certain facilities and services directly related to the operation of aircraft, the costs of which they should be able to recover according to the "user pays" principle, which is to say that airspace users should pay for the costs they generate at, or as close as possible to, the point of use. (23) It is important to ensure the transparency of the costs to which such facilities or services give rise. Accordingly, any changes made to the system or level of charges should be explained to airspace users; such changes or investment proposed by air navigation service providers should be explained as part of an exchange of information between their management bodies and airspace users. (24) There should be scope for modulating charges that contribute to maximising system-wide capacity. Financial incentives may be a useful way of accelerating the introduction of ground-based or airborne equipment that increases capacity, of rewarding high performance or of offsetting the inconvenience of choosing less desirable routings. (25) In the context of those revenues raised to provide a reasonable return on assets, and in direct correlation with the savings made from efficiency improvements, it should be possible to allow the establishment of a reserve to avoid a sudden increase in charges to airspace users at times of reduced levels of traffic. (26) The Commission should examine the feasibility of organising temporary financial aid for measures to increase the capacity of Europe's air traffic control system as a whole. (27) The establishment and imposition of charges on airspace users should be reviewed by the Commission on a regular basis, in cooperation with Eurocontrol, and with national supervisory authorities and airspace users. (28) Owing to the particular sensitivity of information concerning air navigation service providers, national supervisory authorities should not disclose information covered by the obligation of professional secrecy, without prejudice to the organisation of a system for monitoring and publishing the performance of those providers, HAVE ADOPTED THIS REGULATION: CHAPTER I GENERAL Article 1 Scope and objective 1. Within the scope of the framework Regulation, this Regulation concerns the provision of air navigation services in the Single European Sky. The objective of this Regulation is to establish common requirements for the safe and efficient provision of air navigation services in the Community. 2. This Regulation shall apply to the provision of air navigation services for general air traffic in accordance with and within the scope of the framework Regulation. Article 2 Tasks of national supervisory authorities 1. The national supervisory authorities referred to in Article 4 of the framework Regulation shall ensure the appropriate supervision of the application of this Regulation, in particular with regard to the safe and efficient operation of air navigation service providers which provide services relating to the airspace falling under the responsibility of the Member State which nominated or established the relevant authority. 2. To this end, each national supervisory authority shall organise proper inspections and surveys to verify compliance with the requirements of this Regulation. The air navigation service provider concerned shall facilitate such work. 3. In respect of functional airspace blocks that extend across the airspace falling under the responsibility of more than one Member State, the Member States concerned shall conclude an agreement on the supervision provided for in this Article with regard to the air navigation service providers providing services relating to those blocks. Member States may conclude an agreement on the supervision provided for in this Article with regard to the air navigation service provider providing services in a Member State other than that in which the provider has its principal place of operation. 4. National supervisory authorities shall make appropriate arrangements for close cooperation with each other to ensure adequate supervision of air navigation service providers holding a valid certificate from one Member State that also provide services relating to the airspace falling under the responsibility of another Member State. Such cooperation shall include arrangements for the handling of cases involving non-compliance with the applicable common requirements set out in Article 6 or conditions set out in Annex II. Article 3 Recognised organisations 1. National supervisory authorities may decide to delegate in full or in part the inspections and surveys referred to in Article 2(2) to recognised organisations that fulfil the requirements set out in Annex I. 2. A recognition granted by a national supervisory authority shall be valid within the Community for a renewable period of three years. National supervisory authorities may instruct any of the recognised organisations located in the Community to undertake these inspections and surveys. Article 4 Safety requirements The Commission shall, in accordance with the procedure referred to in Article 5(3) of the framework Regulation, identify and adopt the Eurocontrol Safety Regulatory Requirements (ESARRs) and subsequent amendments to those requirements within the scope of this Regulation that shall be made mandatory under Community law. Publication shall take the form of references to such ESARRs in the Official Journal of the European Union. Article 5 Licensing and training of controllers On the basis of a Commission proposal to be agreed by the European Parliament and the Council, arrangements shall be made to overcome the lack of controllers and air traffic management personnel (ATM-personnel) through the improvement and harmonisation at Community level of the procedures for the selection, training, authorisation, rating and licensing of controllers and ATM-personnel, and to establish the mutual recognition of licences. CHAPTER II RULES FOR THE PROVISION OF SERVICES Article 6 Common requirements Common requirements for the provision of air navigation services shall be established in accordance with the procedure referred to in Article 5(3) of the framework Regulation. The common requirements shall include the following:
Article 7 Certification of air navigation service providers 1. The provision of all air navigation services within the Community shall be subject to certification by Member States. 2. Applications for certification shall be submitted to the national supervisory authority of the Member State where the applicant has its principal place of operation and, if any, its registered office. 3. National supervisory authorities shall issue certificates to air navigation service providers where they comply with the common requirements referred to in Article 6. Certificates may be issued individually for each type of air navigation service as defined in Article 2 of the framework Regulation, or for a bundle of such services, including the situation where a provider of air traffic services, whatever its legal status, operates and maintains its own communication, navigation and surveillance systems. Certificates for the purpose of providing air navigation services shall be granted for a minimum period of five years and a maximum period of ten years. 4. Certificates shall specify the rights and obligations of air navigation service providers, with particular regard to safety. Certification may be subject only to the conditions set out in Annex II. Such conditions shall:
5. Notwithstanding paragraph 1, Member States may allow the provision of air navigation services in all or part of the airspace under their responsibility without certification in cases where the provider of such services offers them primarily to aircraft movements other than general air traffic. In those cases, the Member State concerned shall inform the Commission and the other Member States of its decision and of the measures taken to ensure maximum compliance with the common requirements. 6. Without prejudice to Article 8 and subject to Article 9, the issue of certificates shall confer on air navigation service providers the possibility of offering their services to other air navigation service providers, airspace users and airports within the Community. 7. National supervisory authorities shall monitor compliance with the common requirements and with the conditions attached to the certificates. If a national supervisory authority finds that the holder of a certificate no longer satisfies such requirements or conditions, it shall take appropriate measures while ensuring continuity of services. Such measures may include the revocation of the certificate. 8. A Member State shall recognise any certificate issued in another Member State in accordance with this Article. Article 8 Designation of air traffic service providers 1. Member States shall ensure the provision of air traffic services on an exclusive basis within specific airspace blocks in respect of the airspace under their responsibility. For this purpose, Member States shall designate an air traffic service provider holding a valid certificate in the Community. 2. Member States shall define the rights and obligations to be met by the designated service providers. The obligations may include conditions for the timely supply of relevant information enabling all aircraft movements in the airspace under their responsibility to be identified. 3. Member States have discretionary powers in choosing a service provider, on condition that the latter fulfils the requirements and conditions referred to in Articles 6 and 7. 4. In respect of functional airspace blocks established in accordance with Article 7 of the airspace Regulation that extend across the airspace under the responsibility of more than one Member State, the Member States concerned shall jointly designate one or more air traffic service providers, within one month of the establishment of the airspace block. 5. Member States shall inform the Commission and other Member States immediately of any decisions within the framework of this Article regarding the designation of air traffic service providers within specific airspace blocks in respect of the airspace under their responsibility. Article 9 Designation of providers of meteorological services 1. Member States may designate a provider of meteorological services to supply all or part of meteorological data on an exclusive basis in all or part of the airspace under their responsibility, taking into account safety considerations. 2. Member States shall inform the Commission and other Member States without delay of any decision within the framework of this Article regarding the designation of a provider of meteorological services. Article 10 Relations between service providers 1. Air navigation service providers may avail themselves of the services of other service providers that have been certified in the Community. 2. Air navigation service providers shall formalise their working relationships by means of written agreements or equivalent legal arrangements, setting out the specific duties and functions assumed by each provider. Those arrangements shall be notified to the national supervisory authority or authorities concerned. 3. In cases involving the provision of air traffic services, the approval of the Member States concerned shall be required. In cases involving the provision of meteorological services, the approval of the Member States concerned shall be required if they have designated a provider on an exclusive basis in accordance with Article 9(1). Article 11 Relations with military authorities 1. Member States shall, within the context of the common transport policy, take the necessary steps to ensure that written agreements between the competent civil and military authorities or equivalent legal arrangements, are established in respect of the management of specific airspace blocks. 2. As long as Member States have separate entities to provide air traffic services to civil and military air traffic, they shall keep the Commission informed of the way in which the cooperation between such entities is organised and the actions taken to enhance this cooperation or, where possible, to integrate such entities with one another. Article 12 Transparency of accounts 1. Air navigation service providers, whatever their system of ownership or legal form, shall draw up, submit to audit and publish their financial accounts. These accounts shall comply with the International Accounting Standards adopted by the Community. Where, owing to the legal status of the service provider, full compliance with the International Accounting Standards is not possible, the provider shall endeavour to achieve such compliance to the maximum possible extent. 2. In all cases, air navigation service providers shall publish an annual report and regularly undergo an independent audit. 3. When providing a bundle of services, air navigation service providers shall, in their internal accounting, identify the relevant costs and income for air navigation services, broken down in accordance with Eurocontrol's principles for establishing the cost-base for route facility charges and the calculation of unit rates and, where appropriate, shall keep consolidated accounts for other, non&nbhy;air-navigation services, as they would be required to do if the services in question were provided by separate undertakings. 4. Member States shall designate the competent authorities that shall have a right of access to the accounts of service providers that provide services within the airspace under their responsibility. 5. Member States may apply the transitional provisions of Article 9 of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (11) to air navigation service providers that fall within the scope of that Regulation. Article 13 Access to and protection of data 1. Relevant operational data shall be exchanged in real-time between air navigation service providers and between such service providers, airspace users and airports to facilitate their operational needs. The data shall be used only for operational purposes. 2. Access to relevant operational data shall be granted to appropriate authorities, certified air navigation service providers, airspace users and airports on a non-discriminatory basis. The requesting agencies shall bear the costs incurred. 3. Certified service providers, airspace users and airports shall establish standard conditions of access to their relevant operational data other than those referred to in paragraph 1. National supervisory authorities shall approve such standard conditions. Detailed rules relating to such conditions shall be established, where appropriate, in accordance with the procedure referred to in Article 5(3) of the framework Regulation. CHAPTER III CHARGING SCHEMES Article 14 General In accordance with the requirements of Articles 15 and 16, a charging scheme for air navigation services shall be developed that contributes to the achievement of greater transparency with respect to the determination, imposition and enforcement of charges to airspace users. This scheme shall also be consistent with Article 15 of the 1944 Chicago Convention on International Civil Aviation and with Eurocontrol's charging system for en route charges. Article 15 Principles 1. The charging scheme shall be based on the account of costs for air navigation services incurred by service providers for the benefit of airspace users. The scheme shall allocate these costs among categories of users. 2. The following principles shall be applied when establishing the cost-base for charges: (a) The cost to be shared among airspace users shall be the full cost of providing air navigation services, including appropriate amounts for interest on capital investment and depreciation of assets, as well as the costs of maintenance, operation, management and administration; (b) The costs to be taken into account in this context shall be those assessed in relation to the facilities and services provided for and implemented under the ICAO Regional Air Navigation Plan, European Region. They may also include costs incurred by national supervisory authorities and/or recognised organisations, as well as other costs incurred by the relevant Member State and service provider in relation to the provision of air navigation services; (c) The cost of different air navigation services shall be identified separately, as provided for in Article 12(3); (d) Cross-subsidy between different air navigation services shall be allowed subject to clear identification; (e) Transparency of the cost-base for charges shall be guaranteed. Implementing rules for the provision of information by the service providers shall be adopted in order to permit reviews of the provider's forecasts, actual costs and revenues. Information shall be regularly exchanged between the national supervisory authorities, service providers, airspace users, the Commission and Eurocontrol. 3. Without prejudice to Eurocontrol's charging system for en-route charges, Member States shall comply with the following principles when setting charges in accordance with paragraph 2: (a) Charges shall be set for the availability of air navigation services under non&nbhy;discriminatory conditions. When imposing charges on different airspace users for the use of the same service, no distinction shall be made in relation to the nationality or category of the user; (b) Exemption of certain users, especially light aircraft and State aircraft, may be permitted, provided that the cost of such exemption is not passed on to other users; (c) Air navigation services may produce sufficient revenues to exceed all direct and indirect operating costs and to provide for a reasonable return on assets to contribute towards necessary capital improvements; (d) Charges shall reflect the cost of air navigation services and facilities made available to airspace users taking into account the relative productive capacities of the different aircraft types concerned; (e) Charges shall encourage the safe, efficient and effective provision of air navigation services at the lowest possible cost and shall stimulate integrated service provision. They may provide incentives and deterrents consisting of financial advantages and disadvantages which apply to air navigation service providers and/or airspace users. They may also provide revenues to benefit projects designed to assist specific categories of users and/or air navigation service providers in order to improve collective air navigation infrastructures, the provision of air navigation services and the use of airspace. Cross-subsidisation of different air navigation services shall be permitted only in exceptional cases and in that event must be clearly identified. 4. The implementing rules in the fields covered by paragraphs 1, 2 and 3 shall be established in accordance with the procedure under Article 8 of the framework Regulation. Article 16 Review of charges 1. The Commission shall provide for the ongoing review of compliance with the principles and rules referred to in Articles 14 and 15, acting in cooperation with the Member States. The Commission shall endeavour to establish the necessary mechanisms for making use of Eurocontrol expertise. 2. At the request of one or more Member States which consider that the abovementioned principles and rules have not been properly applied, or on its own initiative, the Commission shall carry out an investigation on any allegation of non-compliance or non-application of the principles and/or rules concerned. Within two months of receipt of a request, after having heard the Member State concerned and after consulting the Single Sky Committee in accordance with the procedure referred to in Article 5(2) of the framework Regulation, the Commission shall take a decision on the application of Articles 14 and 15 and as to whether the practice concerned may continue. 3. The Commission shall address its decision to the Member States and inform the service provider thereof, insofar as it is legally concerned. Any Member State may refer the Commission's decision to the Council within one month. The Council, acting by a qualified majority, may take a different decision within a period of one month. CHAPTER IV FINAL PROVISIONS Article 17 Adjustment to technical progress 1. In order to make adaptations to technical developments, adjustments may be made to the Annexes in accordance with the procedure referred to in Article 5(3) of the framework Regulation. 2. The Commission shall publish implementing rules adopted on the basis of this Regulation in the Official Journal of the European Union. Article 18 Confidentiality 1. Neither the national supervisory authorities, acting in accordance with their national legislation, nor the Commission shall disclose information of a confidential nature, in particular information about air navigation service providers, their business relations or their cost components. 2. Paragraph 1 shall be without prejudice to the right of disclosure by national supervisory authorities where it is essential for the purposes of fulfilling their duties, in which case such disclosure shall be proportionate and shall have regard to the legitimate interests of air navigation service providers in the protection of their business secrets. 3. Moreover, paragraph 1 shall not preclude disclosure of information, other than information of a confidential nature, on the conditions and performance of service provision. Article 19 Entry into force This Regulation shall enter into force on the twentieth day following that of 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 [ ], For the European Parliament For the Council The President The President ANNEX I REQUIREMENTS FOR RECOGNISED ORGANISATIONS
ANNEX II CONDITIONS TO BE ATTACHED TO CERTIFICATES 1. Certificates shall specify:
2. Additional conditions attached to certificates may, as appropriate, be related to:
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| Single European Sky: Airspace ***II |
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(Codecision procedure: second reading) The European Parliament, – having regard to the Council common position (15852/3/2002 – C5&nbhy;0139/2003)(1), – having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2001) 564)(3), – having regard to the Commission's amended proposal (COM(2002) 658)(4), – having regard to Article 251(2) of the EC Treaty, – having regard to Rule 80 of its Rules of Procedure, – having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5&nbhy;0225/2003), 1. Amends the common position as follows; 2. Instructs its President to forward its position to the Council and Commission. Position of the European Parliament adopted at second reading on 3 July 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No …/2003 on the organisation and use of the airspace in the Single European Sky ("the airspace Regulation")
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof, Having regard to the proposal from the Commission (5), Having regard to the Opinion of the European Economic and Social Committee (6), Having regard to the Opinion of the Committee of the Regions (7), Acting in accordance with the procedure laid down in Article 251 of the Treaty (8), Whereas: (1) The creation of the Single European Sky requires a harmonised approach for regulation of the organisation and the use of airspace. (2) The report of the High Level Group on the Single European Sky in November 2000 has confirmed the need for rules at Community level to design, regulate and strategically manage airspace on a European basis and enhance air traffic flow management. (3) The Communication of the Commission on the creation of the Single European Sky of 30 November 2001 calls for structural reform to permit the creation of the Single European Sky by way of integrated management of airspace and the development of new concepts and procedures of air traffic management. (4) Regulation (EC) No .../2003 of the European Parliament and of the Council of … ("the framework Regulation")(9) lays down the framework for the creation of the Single European Sky. (5) In Article 1 of the 1944 Chicago Convention on Civil Aviation, the Contracting States recognise that "every State has complete and exclusive sovereignty over the airspace above its territory". It is within the framework of such sovereignty that the Member States of the Community, subject to applicable international conventions, exercise the powers of a public authority when controlling air traffic. (6) Airspace is a common resource that needs to be used flexibly by all users, ensuring fairness and transparency whilst taking into account security and defence needs of Member States and their commitments within international organisations. (7) Efficient airspace management is fundamental to increasing the capacity of the air traffic services system, to providing the optimum response to various user requirements and to achieving the most flexible use of airspace. (8) The activities of Eurocontrol confirm that the route network and airspace structure cannot realistically be developed in isolation, as each individual Member State is an integral element of the European Air Traffic Management Network ("EATMN"), both inside and outside the Community. (9) A single airspace should be established for en-route general air traffic in the upper airspace; the interface between upper and lower airspace should be identified accordingly. (10) A European Upper Flight Information Region ("EUIR") encompassing the upper airspace under the responsibility of the Member States within the scope of this Regulation should facilitate common planning and aeronautical information publication in order to overcome regional bottlenecks. (11) Airspace users face disparate conditions of access to, and freedom of movement within, the Community airspace. This is due to the lack of harmonisation in the classification of airspace. (12) The reconfiguration of airspace should be based on operational requirements regardless of existing boundaries. The plan for creating uniform functional airspace blocks should be drawn up by Eurocontrol. (13) It is essential to achieve a common, harmonised airspace structure in terms of routes and sectors, to base the present and future organisation of airspace on common principles, and to design and manage airspace in accordance with harmonised rules. (14) The concept of the flexible use of airspace should be applied effectively; it is necessary to optimise the use of sectors of airspace, especially during peak periods for general air traffic and in high-traffic airspace, by cooperation between Member States in respect of the use of such sectors for military operations and training. To that end, it is necessary to allocate the appropriate resources for an effective implementation of the concept of the flexible use of airspace, taking into account both civil and military requirements. (15) Differences in the organisation of civil-military cooperation in the Community restrict uniform and timely airspace management and the implementation of changes. The success of the Single European Sky is dependent upon effective cooperation between civil and military authorities, without prejudice to the prerogatives and responsibilities of the Member States in the field of defence. (16) Military operations and training should be safeguarded whenever the application of common principles and criteria is detrimental to their safe and efficient performance. (17) Adequate measures should be introduced to improve the effectiveness of air traffic flow management in order to assist existing operational units, including the Eurocontrol Central Flow Management Unit, to ensure efficient flight operations. (18) It is desirable to reflect upon the extension of upper airspace concepts to the lower airspace, HAVE ADOPTED THIS REGULATION: Chapter I General Article 1 Objective and scope 1. Within the scope of the framework Regulation, this Regulation concerns the organisation and the use of airspace in the Single European Sky. The objective of this Regulation is to support the concept of a single operating airspace within the context of the common transport policy and to establish common procedures for design, planning and management ensuring the efficient and safe performance of air traffic management. 2. The use of airspace shall support the operation of the air navigation services as a coherent and consistent whole in accordance with Regulation (EC) No .../2003 of the European Parliament and of the Council of ………… on the provision of air navigation services in the Single European Sky ("the service provision Regulation")(10). 3. This Regulation shall apply to the airspace within the ICAO EUR and AFI regions where Member States are responsible for the provision of air traffic services in accordance with the service provision Regulation. Member States may also apply this Regulation to airspace under their responsibility within other ICAO regions, on condition that they inform the Commission and the other Member States thereof. 4. The Flight Information Regions comprised within the airspace to which this Regulation applies shall be published in the Official Journal of the European Union. Chapter II Airspace architecture Article 2 Division level The division level between upper and lower airspace shall be set at flight level 285. Deviations from the division level that are justified in the light of operational requirements may be decided upon in agreement with the Member States concerned in accordance with the procedure referred in Article 5(3) of the framework Regulation. Article 3 European Upper Flight Information Region (EUIR) 1. The Community and its Member States shall achieve the establishment and recognition by the ICAO of a single EUIR by ...(11) at the latest. To that effect, for matters which fall within the competence of the Community, the Commission shall submit a recommendation to the Council in accordance with Article 300 of the Treaty. 2. The EUIR shall be designed to encompass the airspace falling under the responsibility of the Member States in accordance with Article 1(3) and may also include airspace of European third countries. 3. The establishment of the EUIR shall be without prejudice to the responsibility of Member States for the designation of air traffic service providers for the airspace under their responsibility in accordance with Article 8(1) of the service provision Regulation. 4. Member States shall retain their responsibilities towards the ICAO within the geographical limits of the upper flight information regions and flight information regions entrusted to them by the ICAO on the date of entry into force of this Regulation. 5. Without prejudice to the publication by Member States of aeronautical information and in a manner consistent with this publication, the Commission, in close cooperation with Eurocontrol, shall coordinate the development of a single aeronautical information publication relating to the EUIR, taking account of relevant ICAO requirements. Article 4 Creation of a European Lower Flight Information Region Within five years of the establishment of the EUIR, the European Parliament and the Council, shall, on the basis of a proposal from the Commission, extend the concept referred to in Article 3(1) to include the creation of a European Lower Flight Information Region. Article 5 Airspace classification The Commission and the Member States shall designate the EUIR in accordance with a harmonised airspace classification, designed to ensure the seamless provision of air navigation services within the framework of the Single European Sky, establishing a single category of environment within which all air traffic is known to providers of air traffic services, with position and flight intentions. This common approach shall be based on a simplified application of airspace classification, as defined within the Eurocontrol airspace strategy for the European Civil Aviation Conference States in accordance with ICAO standards. The necessary implementing rules in this field shall be established in accordance with the procedure under Article 8 of the framework Regulation. Article 6 Reconfiguration of the upper airspace 1. With a view to achieving maximum capacity and efficiency of the air traffic management network within the Single European Sky, and with a view to maintaining a high level of safety, the upper airspace shall be reconfigured into functional airspace blocks. 2. Functional airspace blocks shall, inter alia:
3. Common general principles for the establishment and modification of functional airspace blocks shall be developed in accordance with the procedure under Article 8 of the framework Regulation. 4. A functional airspace block shall only be established by mutual agreement between all Member States who have responsibility for any part of the airspace included in the block, or by a declaration of one Member State if the airspace included in the block is wholly under its responsibility. The Member State(s) concerned shall only act after having consulted interested parties, including the Commission and the other Member States. 5. In a case where a functional airspace block relates to airspace that is wholly or partly under the responsibility of two or more Member States, the agreement by which the block is established shall contain the necessary provisions concerning the way in which the block can be modified and the way in which a Member State can withdraw from the block, including transitional arrangements. 6. Where disputes arise between two or more Member States with regard to the definition of a cross-border functional airspace block, a final decision shall be taken in accordance with the procedure referred to in Article 5(3) of the framework Regulation and on the basis of the criteria laid down in paragraph 2 and the common general principles referred to in paragraph 3. 7. The decisions referred to in paragraphs 4 and 5 shall be notified to the Commission for publication in the Official Journal of the European Union. Such publication shall specify the date of entry into force of the relevant decision. Article 7 Uniform airspace design The structuring, division and categorising of airspace together with the planning of routes shall rely on a uniform, efficient and effective design process within the agreed concept of operation and shall be developed centrally. Article 8 Optimised route and sector design in the upper airspace 1. Common principles and criteria for route and sector design shall be established to ensure the safe, economically efficient and environmentally friendly use of airspace. Sector design shall be coherent inter alia with route design. 2. The implementing rules in the fields covered by paragraph 1 shall be adopted in accordance with the procedure under Article 8 of the framework Regulation. 3. Decisions regarding the establishment or modification of routes and sectors shall require the approval of the Member States who have responsibility for the airspace to which such decisions apply. Article 9 Consistency with the design for lower airspace On the basis of the criteria specified in Article 6(2), as regards the concept of functional airspace blocks, the planning and design of lower airspace shall be harmonised to be consistent with upper airspace in accordance with the procedure referred to in Article 8 of the framework Regulation. The concept shall be extended to establish similar blocks in the lower airspace, particularly to address cross-border problems for short to medium flights. Chapter III Flexible use of airspace in the Single European Sky Article 10 Civil-Military Cooperation 1. Taking into account the organisation of military aspects under their responsibility, Member States shall ensure the uniform application within the Single European Sky of the concept of the flexible use of airspace as described by the ICAO and as developed by Eurocontrol, in order to facilitate airspace management and air traffic management in the context of the common transport policy. 2. Member States shall work towards full integration of civil and military airspace and traffic flow management. Civil and military providers of air navigation services shall exchange data under the agreements provided for in Article 10 of the service provision Regulation. 3. Subject to the general conditions for air traffic flow management, as defined under Article 12, criteria shall be established, in accordance with the procedure referred to in Article 8 of the framework Regulation:
4. Member States shall ensure the full integration of air defence in airspace management in order to allow full exploitation of airspace under certain agreed conditions and arrangements, taking into account national security requirements. 5. Without prejudice to international agreements and conventions to which the Community is a contracting party and in order to ensure the safety of civil aviation, Member States may require submission of a flight plan for any military flight entering the airspace where they have designated air traffic service providers in accordance with Article 8 of the service provision Regulation, regardless of the origin and/or the destination of the flight. Article 11 Temporary suspension 1. In cases where the application of Article 10 gives rise to significant operational difficulties, Member States may temporarily suspend such application on condition that they inform without delay the Commission and the other Member States thereof. 2. 2 Pursuant to Article 12 of the framework Regulation, Member States shall submit to the Commission the necessary information on the demand and actual use of airspace prohibited, closed, or restricted for military reasons, for further analysis and publication. 3. Following the introduction of a temporary suspension, adjustments to the rules adopted under Article 10(3) may be worked out for the airspace under the responsibility of the Member State(s) concerned, in accordance with the procedure under Article 8 of the framework Regulation. Article 12 Air traffic flow management 1. Implementing rules for air traffic flow management shall be established in accordance with the procedure under Article 8 of the framework Regulation, with a view to optimising available capacity in the use of airspace and enhancing air traffic flow management processes. These rules shall be based on transparency and efficiency, ensuring that capacity is provided in a flexible and timely manner, consistent with the recommendations of the ICAO Regional Air Navigation Plan, European Region. 2. The implementing rules shall support operational decisions by air navigation service providers, airport operators and airspace users and shall cover the following areas:
Chapter IV Final provisions Article 13 Entry into force This Regulation shall enter into force on the twentieth day following that of 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 , For the European Parliament For the Council The President The President
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| Single European Sky: Interoperability of the European Air traffic management network ***II |
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(Codecision procedure: second reading) The European Parliament, – having regard to the Council common position (15854/3/2002 – C5&nbhy;0140/2003)(1), – having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2001) 564)(3), – having regard to the Commission's amended proposal (COM(2002) 658)(4), – having regard to Article 251(2) of the EC Treaty, – having regard to Rule 80 of its Rules of Procedure, – having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5&nbhy;0225/2003), 1. Amends the common position as follows; 2. Instructs its President to forward its position to the Council and Commission. Position of the European Parliament adopted at second reading on 3 July 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2003 on the interoperability of the European Air Traffic Management network ("the interoperability Regulation")
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof, Having regard to the proposal from the Commission (5), Having regard to the Opinion of the Economic and Social Committee (6), Having regard to the Opinion of the Committee of the Regions (7), Acting in accordance with the procedure laid down in Article 251 of the Treaty (8), Whereas: (1) In order to create the Single European Sky, measures should be adopted in relation to systems, constituents and associated procedures with the objective of ensuring the interoperability of the European air traffic management network ("EATMN") consistent with the provision of air navigation services as provided for in Regulation (EC) No ...../2003 of the European Parliament and of the Council of ………… on the provision of air navigation services in the Single European Sky ("the service provision Regulation")(9) and the organisation and use of airspace as provided for in Regulation (EC) No ......./2003 of the European Parliament and of the Council of ……….. on the organisation and use of the airspace in the Single European Sky ("the airspace Regulation")(10). (2) The report of the High Level Group on the Single European Sky has confirmed the need to establish technical regulation on the basis of the "new approach" in accordance with the Council resolution of 7 May 1985 on a new approach to technical harmonisation and standards (11) where essential requirements, rules and standards are complementary and consistent. (3) Regulation (EC) No ....../2003 of the European Parliament and of the Council of ……… ("the framework Regulation")(12) lays down the framework for the creation of the Single European Sky. (4) The report of the High Level Group has confirmed that even though progress has been achieved during the last few years towards seamless operation of the EATMN, the situation still remains unsatisfactory, with a low level of integration between national air traffic management systems and a slow pace in the introduction of new concepts of operation and technology necessary to deliver the additional required capacity. (5) Enhancing the level of integration at Community level would result in better efficiency and lower costs for system procurement and maintenance and in improved operational coordination. (6) The predominance of national technical specifications used in procurement has led to fragmentation of the systems market and does not facilitate industrial cooperation at Community level; as a result, industry is particularly affected since it needs to considerably adapt its products for each national market; these practices render development and implementation of new technology unnecessarily difficult and slow down the introduction of new operational concepts that are required to increase capacity. (7) It is therefore in the interest of all those involved in air traffic management to develop a new partnership approach allowing the balanced involvement of all parties and stimulating creativity and the sharing of knowledge, experience and risks; such partnership should aim at defining, in cooperation with industry, a coherent set of Community specifications that can fulfil the widest possible range of needs. (8) The internal market is a Community objective and therefore measures taken under this Regulation should contribute to its progressive development in this sector. (9) It is therefore appropriate to define essential requirements which should apply to the European air traffic management network, its systems, constituents and associated procedures. (10) Implementing rules for interoperability should be drawn up for systems whenever necessary to complement or further refine the essential requirements; those rules should also be drawn up where necessary to facilitate the coordinated introduction of new, agreed and validated concepts of operation or technologies; compliance with those rules should be permanently maintained; those rules should rely on rules and standards developed by international organisations such as Eurocontrol or ICAO. (11) The development and adoption of Community specifications concerning EATMN, its systems and constituents and associated procedures is an appropriate means of defining the technical and operational conditions necessary to meet the essential requirements and relevant implementing rules for interoperability; compliance with published Community specifications, which remains voluntary, creates a presumption of conformity with the essential requirements and the relevant implementing rules for interoperability. (12) Community specifications should be established by the European standardisation bodies in conjunction with the European Organisation for Civil Aviation Equipment ("Eurocae") and by Eurocontrol, in accordance with general Community standardisation procedures. (13) The procedures governing the assessment of conformity or suitability for use of constituents should be based on the use of the modules covered by Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directives (13); as far as necessary, these modules should be expanded to cover specific requirements of the industries concerned. (14) The market concerned is of small size and consists of systems and constituents used almost exclusively for air traffic management purposes and not intended for the general public; it would be therefore excessive to affix the CE mark to constituents as, on the basis of the assessment of conformity and/or suitability for use, the manufacturer's declaration of conformity is sufficient; that should not affect the obligation on manufacturers to affix the CE mark to certain constituents in order to certify their compliance with other Community legislation relating to them. (15) The putting into service of air traffic management systems should be subject to verification of compliance with the essential requirements and relevant implementing rules for interoperability; use of Community specifications creates a presumption of conformity with the essential requirements and relevant implementing rules for interoperability. (16) The full application of this Regulation should be accomplished by means of a transitional strategy designed to attain the objectives of this Regulation while not creating unjustified cost-benefit barriers to preservation of the existing infrastructure. (17) Within the framework of the relevant Community legislation, due account should be taken of the need to ensure:
(18) Council Directive 93/65/EEC of 19 July 1993 on the definition and use of compatible technical specifications for the procurement of air traffic management equipment and systems (14) is limited to obligations of awarding entities; this Regulation is more comprehensive in that it addresses obligations of all actors, including air navigation service providers, airspace users, industry and airports, and provides both for rules applicable to all and for the adoption of Community specifications which, while being voluntary, creates a presumption of conformity with the essential requirements. Therefore, Directive 93/65/EEC, Commission Directive 97/15/EC of 25 March 1997 adopting Eurocontrol standards and amending Council Directive 93/65/EEC on the definition and use of compatible technical specifications for the procurement of air-traffic-management equipment and systems (15) and Commission Regulations (EC) No 2082/2000 of 6 September 2000 adopting Eurocontrol standards and amending Directive 97/15/EC (16) and (EC) No 980/2002 of 4 June 2002 amending Regulation (EC) No 2082/2000 should be repealed after a transitional period. (19) For reasons of legal certainty it is important to ensure that the substance of certain provisions of Community legislation adopted on the basis of Directive 93/65/EEC remains in force unchanged. The adoption under this Regulation of the implementing rules corresponding to such provisions will necessitate a certain amount of time, HAVE ADOPTED THIS REGULATION: CHAPTER I General Provisions Article 1 Objective and scope 1. Within the scope of the framework Regulation, this Regulation concerns the interoperability of the EATMN. 2. This Regulation shall apply to the systems, their constituents and associated procedures identified in Annex I. 3. The objective of this Regulation is to achieve interoperability between the different systems, constituents and associated procedures of the EATMN, taking due account of the relevant international rules. This Regulation aims also at ensuring the coordinated and rapid introduction of new agreed and validated concepts of operations or technology in air traffic management. CHAPTER II Essential requirements, implementing rules for interoperability and Community Specifications Article 2 Essential requirements The EATMN, its systems and their constituents and associated procedures shall meet essential requirements. The essential requirements are set out in Annex II. Article 3 Implementing rules for interoperability 1. Implementing rules for interoperability shall be drawn up whenever necessary to achieve in a coherent way the objectives of this Regulation. 2. Systems, constituents and associated procedures shall comply with the relevant implementing rules for interoperability throughout their lifecycle. 3. Implementing rules for interoperability shall in particular:
4. The preparation, adoption and review of implementing rules for interoperability shall take into account the estimated costs and benefits of technical solutions by means of which they may be complied with, with a view to defining the most viable solution, having due regard to the maintenance of an agreed high level of safety. An assessment of the costs and benefits of those solutions for all stakeholders concerned shall be attached to each draft implementing rule for interoperability. 5. Implementing rules for interoperability shall be established in accordance with the procedure under Article 8 of the framework Regulation. Article 4 Community specifications 1. In pursuit of the objective of this Regulation, Community specifications may be established. Such specifications may be:
2. Compliance with the essential requirements and/or the implementing rules for interoperability shall be presumed for systems, together with the associated procedures, or constituents that meet the relevant Community specifications and whose reference numbers have been published in the Official Journal of the European Union. 3. The Commission shall publish the references to the European standards referred to in paragraph 1(a) in the Official Journal of the European Union. 4. The references to Eurocontrol specifications referred to in paragraph 1(b), shall be published by the Commission in the Official Journal of the European Union in accordance with the procedure referred to in Article 5(2) of the framework Regulation. 5. Where a Member State or the Commission considers that conformity with a published Community specification does not ensure compliance with the essential requirements and/or implementing rules for interoperability which the said Community specification is intended to cover, the procedure referred to in Article 5(2) of the framework Regulation shall apply. 6. In the case of shortcomings of published European standards, partial or total withdrawal of the standards concerned from the publications containing them, or amendments thereto, may be decided upon in accordance with the procedure referred to in Article 5(2) of the framework Regulation after consultation of the committee set up under Article 5 of Directive 98/34/EC. 7. In the case of shortcomings of published Eurocontrol specifications, partial or total withdrawal of the specifications concerned from the publications containing them, or amendment thereof, may be decided upon in accordance with the procedure referred to in Article 5(2) of the framework Regulation. CHAPTER III Verification of compliance Article 5 EC declaration of conformity or suitability for use of constituents 1. Constituents shall be accompanied by an EC declaration of conformity or suitability for use. The elements of this declaration are set out in Annex III. 2. The manufacturer, or its authorised representative established in the Community, shall ensure and declare, by means of the EC declaration of conformity or suitability for use, that he has applied the provisions laid down in the essential requirements and in the relevant implementing rules for interoperability. 3. Compliance with the essential requirements and the relevant implementing rules for interoperability shall be presumed in relation to those constituents that are accompanied by the EC declaration of conformity or suitability for use. 4. The relevant implementing rules for interoperability shall identify, where appropriate, the tasks pertaining to the assessment of conformity or suitability for use of constituents to be carried out by the notified bodies referred to in Article 8. Article 6 EC declaration of verification of systems 1. Systems shall be subject to an EC verification by the air navigation service provider in accordance with the relevant implementing rules for interoperability, in order to ensure that they meet the essential requirements of this Regulation and the implementing rules for interoperability, when integrated into the EATMN. 2. Before a system is put into service , the relevant air navigation service provider shall establish an EC declaration of verification, confirming compliance, and shall submit it to the national supervisory authority together with a technical file. The elements of this declaration and of the technical file are set out in Annex IV. The national supervisory authority may require any additional information necessary to supervise such compliance. 3. The relevant implementing rules for interoperability shall identify, where appropriate, the tasks pertaining to the verification of systems to be carried out by the notified bodies as referred to in Article 8. 4. The EC declaration of verification shall be without prejudice to any assessments that the national supervisory authority may need to carry out on grounds other than interoperability. Article 7 Safeguards 1. Where the national supervisory authority ascertains that:
2. The Member State concerned shall immediately inform the Commission of any such measures, indicating its reasons and, in particular, whether in its opinion non-compliance with the essential requirements is due to:
3. As soon as possible, the Commission shall consult the parties concerned. After such consultation, the Commission shall inform the Member State of its findings and of its opinion as to whether the measures taken by the national supervisory authority are justified. 4. Where the Commission establishes that the measures taken by the national supervisory authority are not justified, it shall request the Member State concerned to ensure that they are withdrawn without delay. It shall forthwith so inform the manufacturer or its authorised representative established in the Community. 5. Where the Commission establishes that non-compliance with the essential requirements is due to incorrect application of the implementing rules for interoperability and/or the Community specifications, the Member State concerned shall take appropriate measures against the originator of the declaration of conformity or suitability for use or the EC declaration of verification and shall inform the Commission and the other Member States thereof. 6. Where the Commission establishes that non-compliance with the essential requirements is due to shortcomings in the Community specifications, the procedures referred to in Article 4(6) or (7) shall apply. Article 8 Notified bodies 1. Member States shall notify the Commission and the other Member States of the bodies they have appointed to carry out tasks pertaining to the assessment of conformity or suitability for use referred to in Article 5, and/or the verification referred to in Article 6, indicating each body's area of responsibility and its identification number obtained from the Commission. The Commission shall publish in the Official Journal of the European Union the list of bodies, their identification numbers and areas of responsibility, and shall keep the list updated. 2. Member States shall apply the criteria provided for in Annex V for the assessment of the bodies to be notified. Bodies meeting the assessment criteria provided for in the relevant European standards shall be deemed to meet the said criteria. 3. Member States shall withdraw notification of a notified body which no longer meets the criteria provided for in Annex V. It shall forthwith inform the Commission and the other Member States thereof. 4. Without prejudice to the requirements referred to in paragraphs 1, 2 and 3, Member States may decide to appoint organisations recognised in conformity with Article 3 of the service provision Regulation as notified bodies. CHAPTER IV Final Provisions Article 9 Revision of Annexes In case of any technical or operational developments, adjustments may be made to Annexes I and II in accordance with the procedure referred to in Article 5(3) of the framework Regulation. Article 10 Transitional arrangements 1. Starting from ...(18), the essential requirements shall apply to the putting into service of systems and constituents of the EATMN, if not otherwise specified by the relevant implementing rules for interoperability. 2. Compliance with the essential requirements shall be required for all systems and constituents of the EATMN currently in operation by ...(19)*, if not otherwise specified by the relevant implementing rules for interoperability. 3. Where systems of the EATMN have been ordered or binding contracts to that effect have been signed
The Commission shall enter into consultation with the parties concerned, after which it shall take a decision in accordance with the procedure referred to in Article 5(3) of the framework Regulation. Article 11 Repeal Directives 93/65/EEC and 97/15/EC and Regulations (EC) Nos 2082/2000 and 980/2002 shall be repealed on ...(20). Article 12 Entry into force This Regulation shall enter into force on the twentieth day following that of 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, For the European Parliament For the Council The President The President ANNEX I LIST OF SYSTEMS FOR AIR NAVIGATION SERVICES For the purpose of this Regulation the EATMN is subdivided into eight systems. 1. Systems and procedures for airspace management. 2. Systems and procedures for air traffic flow management. 3. Systems and procedures for air traffic services, in particular flight data processing systems, surveillance data processing systems and human-machine interface systems. 4. Communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications. 5. Navigation systems and procedures. 6. Surveillance systems and procedures. 7. Systems and procedures for aeronautical information services. 8. Systems and procedures for the use of meteorological information. ANNEX II ESSENTIAL REQUIREMENTS Part A: GENERAL REQUIREMENTS These are network-wide requirements that are generally applicable to each one of the systems identified in Annex I. 1. Seamless operation Air traffic management systems and their constituents shall be designed, built, maintained and operated using the appropriate and validated procedures, in such a way as to ensure the seamless operation of the EATMN at all times and for all phases of flight. Seamless operation can be expressed, in particular, in terms of information-sharing, including the relevant operational status information, common understanding of information, comparable processing performances and the associated procedures enabling common operational performances agreed for the whole or parts of the EATMN. 2. Support for new concepts of operation The EATMN, its systems and their constituents shall support, on a coordinated basis, new agreed and validated concepts of operation that improve the quality and effectiveness of air navigation services, in particular in terms of safety and capacity. The potential of new concepts, such as collaborative decision-making, increasing automation and alternative methods of delegation of separation responsibility, shall be examined taking due account of technological developments and of their safe implementation, following validation. 3. Safety Systems and operations of the EATMN shall achieve agreed high levels of safety. Agreed safety management and reporting methodologies shall be established to achieve this. In respect of appropriate ground-based systems, or parts thereof, these high levels of safety shall be enhanced by safety nets which shall be subject to agreed common performance characteristics. A harmonised set of safety requirements for the design, implementation, maintenance and operation of systems and their constituents, both for normal and degraded modes of operation, shall be defined with a view to achieving the agreed safety levels, for all phases of flight and for the entire EATMN. Systems shall be designed, built, maintained and operated, using the appropriate and validated procedures, in such a way that the tasks assigned to the control staff are compatible with human capabilities, in both the normal and degraded modes of operation, and are consistent with required safety levels. Systems shall be designed, built, maintained and operated using the appropriate and validated procedures, in such a way as to be free from harmful interference in their normal operational environment. 4. Civil-military coordination The EATMN, its systems and their constituents shall support the progressive implementation of civil/military coordination, to the extent necessary for effective airspace and air traffic flow management, and the safe and efficient use of airspace by all users, through the application of the concept of the flexible use of airspace. To achieve these objectives, the EATMN, its systems and their constituents shall support the timely sharing of correct and consistent information covering all phases of flight, between civil and military parties. Account should be taken of national security requirements. 5. Environmental constraints Systems and operations of the EATMN shall take into account the need to minimise environmental impact in accordance with Community legislation. 6. Principles governing the logical architecture of systems Systems shall be designed and progressively integrated with the objective of achieving a coherent and increasingly harmonised, evolutionary and validated logical architecture within the EATMN. 7. Principles governing the construction of systems Systems shall be designed, built and maintained on the grounds of sound engineering principles, in particular those relating to modularity, enabling interchangeability of constituents, high availability, and redundancy and fault tolerance of critical constituents. Part B: SPECIFIC REQUIREMENTS These are the requirements that are specific to each one of the systems and that complement or further refine the general requirements. 1. Systems and procedures for airspace management 1.1. Seamless operation Information relating to pre-tactical and tactical aspects of airspace availability shall be provided to all interested parties in a correct and timely way so as to ensure an efficient allocation and use of airspace by all airspace users. This should take into account national security requirements. 2. Systems and procedures for air traffic flow management 2.1. Seamless operation Systems and procedures for air traffic flow management shall support the sharing of correct, coherent and relevant strategic, pre-tactical and tactical, as applicable, flight information covering all phases of flight and offer dialogue capabilities with a view to achieving optimised use of airspace. 3. Systems and procedures for air traffic services 3.1. Flight data processing systems 3.1.1. Seamless operation Flight data processing systems shall be interoperable in terms of the timely sharing of correct and consistent information, and a common operational understanding of that information, in order to ensure a coherent and consistent planning process and resource-efficient tactical coordination throughout the EATMN during all phases of flight. In order to ensure safe, smooth and expeditious processing throughout the EATMN, flight data processing performances shall be equivalent and appropriate for a given environment (surface, terminal manoeuvring area (TMA), en-route), with known traffic characteristics and exploited under an agreed and validated operational concept, in particular in terms of accuracy and error tolerance of processing results. 3.1.2. Support for new concepts of operation Flight data processing systems shall accommodate the progressive implementation of advanced, agreed and validated concepts of operation for all phases of flight. The characteristics of automation-intensive tools must be such as to enable coherent and efficient pre-tactical and tactical processing of flight information in parts of the EATMN. Airborne and ground systems and their constituents supporting new, agreed and validated concepts of operation shall be designed, built, maintained and operated, using appropriate and validated procedures, in such a way as to be interoperable in terms of timely sharing of correct and consistent information and a common understanding of the current and predicted operational situation. 3.2. Surveillance data processing systems 3.2.1. Seamless operation Surveillance data processing systems shall be designed, built, maintained and operated using the appropriate and validated procedures, in such a way as to provide the required performance and quality of service within a given environment (surface, TMA, en-route) with known traffic characteristics, in particular in terms of accuracy and reliability of computed results, correctness, integrity, availability, continuity and timeliness of information at the control position. Surveillance data processing systems shall accommodate the timely sharing of relevant, accurate, consistent and coherent information between them to ensure optimised operations through different parts of the EATMN. 3.2.2. Support for new concepts of operation Surveillance data processing systems shall accommodate the progressive availability of new sources of surveillance information in such a way as to improve the overall quality of service. 3.3. Human-machine interface systems 3.3.1. Seamless operation Human-machine interfaces of ground air traffic management systems shall be designed, built, maintained and operated using the appropriate and validated procedures, in such a way as to offer to all control staff a progressively harmonised working environment, including functions and ergonomics, meeting the required performance for a given environment (surface, TMA, en-route), with known traffic characteristics. 3.3.2. Support for new concepts of operation Human-machine interface systems shall accommodate the progressive introduction of new, agreed and validated concepts of operation and increased automation, in such a way as to ensure that the tasks assigned to the control staff remain compatible with human capabilities, in both the normal and degraded modes of operation. 4. Communications systems and procedures for ground-to-ground, air-to-ground and air-to-air communications 4.1. Seamless operation Communication systems shall be designed, built, maintained and operated using the appropriate and validated procedures, in such a way as to achieve the required performances within a given volume of airspace or for a specific application, in particular in terms of communication processing time, integrity, availability and continuity of function. The communications network within the EATMN shall be such as to meet the requirements of quality of service, coverage and redundancy. 4.2. Support for new concepts of operation Communication systems shall support the implementation of advanced, agreed and validated concepts of operation for all phases of flight. 5. Navigation systems and procedures 5.1. Seamless operation Navigation systems shall be designed, built, maintained and operated using appropriate and validated procedures in such a way as to achieve the required horizontal and vertical navigation performance, in particular in terms of accuracy and functional capability, for a given environment (surface, TMA, en&nbhy;route), with known traffic characteristics and exploited under an agreed and validated operational concept. 6. Surveillance systems and procedures 6.1. Seamless operation Surveillance systems shall be designed, built, maintained and operated using appropriate and validated procedures in such a way as to provide the required performance applicable in a given environment (surface, TMA, en-route) with known traffic characteristics and exploited under an agreed and validated operational concept, in particular in terms of accuracy, coverage, range and quality of service. The surveillance network within the EATMN shall be such as to meet the requirements of accuracy, timeliness, coverage and redundancy. The surveillance network shall enable surveillance data to be shared in order to enhance operations throughout the EATMN. 7. Systems and procedures for aeronautical information services 7.1. Seamless operation Accurate, timely and consistent aeronautical information shall be provided progressively in an electronic form, based on a commonly agreed and standardised data set. Accurate and consistent aeronautical information, in particular concerning airborne and ground-based constituents or systems, shall be made available in a timely manner. 7.2. Support for new concepts of operation Increasingly accurate, complete and up-to-date aeronautical information shall be made available and used in a timely manner in order to support continuous improvement of the efficiency of airspace and airport use. 8. Systems and procedures for the use of meteorological information 8.1. Seamless operation Systems and procedures for the use of meteorological information shall improve the consistency and timeliness of its provision and the quality of its presentation, using an agreed data set. 8.2. Support for new concepts of operation Systems and procedures for the use of meteorological information shall improve the promptness of its availability and the speed with which it may be used, in order to support continuous improvement of the efficiency of airspace and airport use. ANNEX III CONSTITUENTS EC declaration
1. Constituents The constituents will be identified in the implementing rules for interoperability in accordance with the provisions of Article [3] of this Regulation. 2. Scope
The assessment procedures implemented by the notified bodies at the design and production stages will draw upon the modules defined in Decision 93/465/EEC, in accordance with the conditions set out in the relevant implementing rules for interoperability. 3. Contents of the EC declaration The EC declaration of conformity or suitability for use and the accompanying documents must be dated and signed.
ANNEX IV SYSTEMS EC declaration of verification of systems Verification procedure for systems 1. Contents of EC declaration of verification of systems
2. Verification procedure for systems Verification of systems is the procedure whereby an air navigation service provider checks and certifies that a system complies with this Regulation and may be put into operation on the basis of this Regulation.
Where involvement of a notified body is required by the relevant implementing rule for interoperability, the notified body, after having carried out the tasks incumbent upon it in accordance with the rule, draws up a certificate of conformity in relation to the tasks it carried out. This certificate is intended for the air navigation service provider. This provider then draws up the EC declaration of verification intended for the national supervisory authority. 3. Technical file The technical file accompanying the EC declaration of verification must contain all the necessary documents relating to the characteristics of the system, including conditions and limits of use, as well as the documents certifying conformity of constituents where appropriate.
4. Submission The technical file must be attached to the EC declaration of verification which the air navigation service provider submits to the national supervisory authority. A copy of the technical file must be kept by the provider throughout the service life of the system. It must be sent to any other Member States which so request. ANNEX V NOTIFIED BODIES 1. The body, its Director and the staff responsible for carrying out the checks may not become involved, either directly or as authorised representatives, in the design, manufacture, marketing or maintenance of the constituents or systems or in their use. This does not exclude the possibility of an exchange of technical information between the manufacturer or constructor and that body. 2. The body and the staff responsible for the checks must carry out the checks with the greatest possible professional integrity and the greatest possible technical competence and must be free of any pressure and incentive, in particular of a financial type, which could affect their judgment or the results of their inspection, in particular from persons or groups of persons affected by the results of the checks. 3. The body must employ staff and possess the means required to perform adequately the technical and administrative tasks linked with the checks; it should also have access to the equipment needed for exceptional checks. 4. The staff responsible for inspection must have:
5. The impartiality of the inspection staff must be guaranteed. Their remuneration must not depend on the number of inspections carried outor on the results of such inspections. 6. The body must take out liability insurance unless its liability is assumed by the Member State in accordance with national law, or the Member State itself is directly responsible for the inspections. 7. The staff of the body must observe professional secrecy with regard to all information acquired in carrying out their tasks under this Regulation.
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| Transitional transit system applicable to heavy goods vehicles travelling through Austria for 2004 ***II |
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(Codecision procedure: second reading) The European Parliament, – having regard to the Council common position (6235/1/2003 – C5&nbhy;0226/2003)(1), – having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2001) 807)(3), – having regard to Article 251(2) of the EC Treaty, – having regard to Rule 80 of its Rules of Procedure, – having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5&nbhy;0213/2003), 1. Amends the common position as follows; 2. Instructs its President to forward its position to the Council and Commission. Position of the European Parliament adopted at second reading on 3 July 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No …/2003 establishing a transitional points system applicable to heavy goods vehicles travelling through Austria for 2004 within the framework of a sustainable transport policy for the sensitive Alpine region
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof, Having regard to the proposal from the Commission (4), Having regard to the Opinion of the European Economic and Social Committee (5), Having regard to the opinion of the Committee of the Regions (6), Acting in accordance with the procedure laid down in Article 251 of the Treaty (7), Whereas: (1) Article 11(2)(a) of Protocol 9 to the Act of Accession of the Republic of Austria to the European Union (8) stipulates that the ecopoint system will lapse on 31 December 2003. (2) Paragraph 58 of the conclusions of the Laeken European Council of 14 and 15 December 2001 requested that the ecopoint system be extended as a temporary solution. This extension is in keeping with policy on environmental protection in vulnerable areas such as the Alpine region. Paragraph 35 of the conclusions of the Copenhagen European Council of 12 and 13 December 2002 requested the Council to adopt, before the end of 2002, a Regulation on the interim solution for the transit of heavy goods vehicles through Austria 2004-2006. (3) This measure is required pending adoption of the framework proposal on charging for the use of infrastructure, as set out in the White Paper on European transport policy for 2010 which the Commission has declared it intends to present in 2003. (4) This measure is also justified by the need to protect the environment and therefore the local population from the extremely serious consequences of air and noise pollution caused by the transit of very high numbers of heavy goods vehicles. (5) The European Environment Agency notes that enlargement of the European Union is likely to result in a huge increase in transit traffic. The scope of this Regulation should therefore be extended with a view to enlargement to include the applicant countries. (6) The United Nations declared 2002 the International Year of Mountains and has been promoting the protection and sustainable use of mountain areas in order to ensure the well-being of people living in both mountain and lowland areas. (7) The Convention on the protection of the Alps (Alpine Convention), signed and approved by the European Community(9), lays down various rules to reduce heavy goods traffic in the Alpine area. In particular, it provides that the volume of and dangers posed by intra-Alpine and transalpine traffic are to be reduced to a level which is not harmful to humans, animals and plants and their habitats. (8) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(10). (9) It is essential to find non-discriminatory solutions to reconcile the obligations deriving from the Treaty (including Articles 6, 51(1) and 71), for instance as regards free movement of services and goods and protection of the environment and the local population, and from other international conventions and treaties such as the Alpine Convention and in particular the Transport Protocol thereto – which the European Union needs to ratify as a matter of urgency – and the Kyoto Agreement. (10) A transitional points system should therefore be established for the year 2004, HAVE ADOPTED THIS REGULATION: Article 1
Article 2 This Regulation shall apply to the international carriage of goods by road on journeys carried out within the territory of the Community. The transitional points system implies no direct limitation in the number of transits through the Austrian Alps. Article 3 1. For journeys which involve transit of goods by road through the Austrian Alps, the regime established for journeys on own account and for journeys for hire or reward under the First Council Directive on the establishment of common rules for certain types of carriage of goods by road of 23 July 1962 (12) and Regulation (EEC) No 881/92 shall apply subject to the provisions of this Article. 2. During the period for which the transitional points system is introduced the following provisions shall apply: (a) The transit of Euro 4-standard heavy goods vehicles is not subject to the transitional points system; (b) The transit of Euro-0 heavy goods vehicles is prohibited, except in 2004; (c) The total NOx emissions from heavy goods vehicles crossing Austria in transit shall be set according to the values given for the year concerned in Annex I; (d) The total NOx emissions attributable to heavy goods vehicles shall be determined on the basis of the former ecopoint system as laid down in Protocol 9 to the Act of Accession of the Republic of Austria to the European Union. Under that system any heavy goods vehicle shall require, in order to cross the Austrian Alps, a number of points equivalent to its NOx emissions (authorised under the Conformity of Production (COP) value or type-approval value). The method of calculation and administration of such points is described in Annex II. (e) Austria shall issue and make available in good time the points required for the administration of the transitional points system, pursuant to Annex II, for heavy goods vehicles crossing the Austrian Alps in transit. (f) The total quota for NOx emissions allowed in 2004 is equivalent to the total quota allowed under the ecopoint system in 2003 and shall be managed and distributed by the Commission among Member States according to the same principles as those applicable to the ecopoint system in 2003, in conformity with the provisions of Regulation (EC) No 3298/94 (13); (g) The reallocation of points of the Community reserve shall be weighted according to the criteria mentioned in Article 8(2) of Regulation (EC) No 3298/94 and, more particularly, according to the effective use of the points allocated to Member States. 3. If the legislation on charging for the use of infrastructure has not entered into force by the end of 2004, the use of environment-friendly heavy goods vehicles shall be encouraged for transit traffic in the Austrian Alps, in particular in the Brenner, the Tauern and the Pyhrn, in accordance with the following arrangements:
After 2006, no quota system shall be applied. 4. The Commission, acting in accordance with the procedure laid down in Article 5, shall:
Article 4 1. As long as the provisions of Article 3(2) and, where appropriate, of Article 3(3) apply, the Member States, under their mutual cooperation arrangements, shall take any necessary measures compatible with the Treaty against misuse of the transitional points system. 2. The decisions of the Commission and the committee referred to in Article 5 must be consistent with a sustainable transport policy devised for the Alpine region as a whole, especially sensitive areas such as the Brenner area, Mont Blanc, the Tauern, the Pyhrn, the Lyon to Turin route (Fréjus), and others. That policy shall be based on the one hand on the objective obligations incumbent on the European Union and its Member States under the provisions of the Treaty, the Alpine Convention and other binding instruments, and on the other hand, in so far as legislation permits, on the principles set out by the Commission in its White Paper on European transport policy for 2010 with regard to sensitive mountain regions, for example sustainability, freedom to provide services, protection of citizens and the environment, promotion of intermodal transport and cross-financing. The above policy must result in a traffic-flow regulation system applying only to Alpine passes and other ecologically sensitive areas lying along trans-European corridors, and shall comply fully with Article 3(3). 3. Hauliers with a Community authorisation issued by the competent authorities in Austria shall not be entitled to carry goods on international journeys where neither loading nor unloading takes place in Austria. All such journeys involving transit through the Austrian Alps shall, however, be subject to the provisions of Article 3. 4. To the extent necessary, any monitoring methods including electronic systems relating to the implementation of Article 3 shall be decided in accordance with the procedure laid down in Article 5. 5. The countries affected by this Regulation shall be called upon to include in the existing system the necessary checks to ascertain whether NOx emissions from heavy goods vehicles actually correspond to the COP value or type-approval value. Article 5 1. The Commission shall be assisted by a committee. 2. Where reference is made to this Article, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 3. The Committee shall adopt its Rules of Procedure. Article 6 This Regulation shall enter into force on the day of 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 , For the European Parliament For the Council The President The President ANNEX I Points Quotum Bands
ANNEX II CALCULATION AND ADMINISTRATION OF THE POINTS 1. The following documents must be submitted by the driver of a heavy goods vehicle each time it crosses the Austrian border (in any direction):
Concerning (a): In the case of EURO 0, EURO 1, EURO 2, EURO 3-standards heavy goods vehicles registered after 1 October 1990, the document showing the COP value must be a certificate issued by the competent authority giving details of an official COP value for NOx emissions or the type-approval certificate showing the date of approval and value established for type-approval purposes. In the latter case the COP value will be the type-approval value plus 10%. Once such a value has been determined for a vehicle it cannot be changed during the vehicle's life. In the case of heavy goods vehicles registered before 1 October 1990 and heavy goods vehicles for which no certificate is submitted, a COP value of 15.8 g/kWh will be set. Concerning (b):
2. At three-month intervals the Commission, acting in compliance with the procedure laid down in Article 5, calculates the number of journeys and the average level of NOx emission from heavy goods vehicles and maintains statistical records broken down according to nationality.
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| Compensation and assistance to air passengers ***II |
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(Codecision procedure: second reading) The European Parliament, – having regard to the Council common position (15855/1/2002 – C5-0136/2003)(1), – having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2001) 784)(3), – having regard to the Commission's amended proposal (COM(2002) 717)(4), – having regard to Article 251(2) of the EC Treaty, – having regard to Rule 80 of its Rules of Procedure, – having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5&nbhy;0221/2003), 1. Amends the common position as follows; 2. Instructs its President to forward its position to the Council and Commission. Position of the European Parliament adopted at second reading on 3 July 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2003 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof, Having regard to the proposal from the Commission (5), Having regard to the Opinion of the European Economic and Social Committee (6), After consulting the Committee of the Regions, Acting in accordance with the procedure referred to in Article 251 of the Treaty (7), Whereas: (1) Action by the Community in the field of air transport should aim, among other things, at ensuring a high level of protection for passengers. Moreover, full account should be taken of the requirements of consumer protection in general. (2) Denied boarding and cancellation or long delay of flights cause serious trouble and inconvenience to passengers. (3) While Council Regulation (EEC) No 295/91 of 4 February 1991 establishing common rules for a denied boarding compensation system in scheduled air transport (8) created basic protection for passengers, the number of passengers denied boarding against their will remains too high, as does that affected by cancellations without prior warning and that affected by long delays. (4) The Community should therefore raise the standards of protection set by that Regulation both to strengthen the rights of passengers and to ensure that air carriers operate under harmonised conditions in a liberalised market. (5) Since the distinction between scheduled and non-scheduled air services is weakening, such protection should apply to passengers not only on scheduled but also on non-scheduled flights, including those forming part of package tours. (6) The protection accorded to passengers departing from an airport located in a Member State should be extended to those leaving an airport located in a third country for one situated in a Member State, when a Community carrier operates the flight. (7) In order to ensure the effective application of this Regulation, the obligations that it creates should rest with the operating air carrier who performs or intends to perform a flight, whether with owned aircraft, under dry or wet lease, or on any other basis. (8) This Regulation should not restrict the rights of the operating air carrier to seek compensation from any person, including third parties, in accordance with the law applicable. (9) The number of passengers denied boarding against their will should be reduced by requiring air carriers to call for volunteers to surrender their reservations, in exchange for benefits, instead of denying passengers boarding, and by fully compensating those finally denied boarding. (10) Passengers denied boarding against their will should be able either to cancel their flights, with reimbursement of their tickets, or to continue them under satisfactory conditions, and should be adequately cared for while awaiting a later flight. (11) Volunteers should also be able to cancel their flights, with reimbursement of their tickets, or continue them under satisfactory conditions, since they face difficulties of travel similar to those experienced by passengers denied boarding against their will. (12) The trouble and inconvenience to passengers caused by cancellation of flights should also be reduced. This should be achieved by inducing carriers to inform passengers of cancellations before the scheduled time of departure and in addition to offer them reasonable re&nbhy;routing, so that the passengers can make other arrangements. Air carriers should compensate passengers if they fail to do this and should also offer adequate care, except when the cancellation occurs in extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. (13) Passengers whose flights are cancelled should be able either to obtain reimbursement of their tickets or to obtain re-routing under satisfactory conditions, and should be adequately cared for while awaiting a later flight, except when cancellation occurs in extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. (14) Passengers travelling on all modes of transport should be treated equally, and distortion of competition between different modes of transport should be avoided. (15) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier. (16) Extraordinary circumstances should be deemed to exist where the impact of an air traffic control decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft, even though all reasonable efforts had been made by the air carrier concerned to avoid the delays or cancellations. (17) In cases where a package tour is cancelled for reasons other than the flight being cancelled, this Regulation should not apply. (18) Similarly, passengers whose flights are delayed for a specified time should be able to cancel their flights with reimbursement of their tickets or to continue them under satisfactory conditions, and should be adequately cared for while awaiting a later flight, except when the delay occurs in extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. (19) Care for passengers awaiting an alternative or a delayed flight may be limited or declined if the provision of the care would itself cause further delay. (20) Operating air carriers should meet the special needs of persons with reduced mobility and any persons accompanying them. (21) Passengers should be fully informed of their rights in the event of denied boarding and of cancellation or long delay of flights, so that they can effectively exercise their rights. (22) Member States should lay down rules on sanctions applicable to infringements of the provisions of this Regulation and ensure that these sanctions are applied. The sanctions should be effective, proportionate and dissuasive. (23) Member States should ensure and supervise general compliance by their air carriers with this Regulation and designate an appropriate body to carry out such enforcement tasks. The supervision should not affect the rights of passengers and air carriers to seek legal redress from courts under procedures of national law. (24) The Commission should analyse the application of this Regulation and should assess in particular the opportunity of extending its scope to all passengers having a contract with a tour operator or with a Community carrier, when departing from a third country airport to an airport in a Member State. (25) Arrangements for greater co-operation over the use of Gibraltar airport were agreed in London on 2 December 1987 by the Kingdom of Spain and the United Kingdom in a joint declaration by the Ministers of Foreign Affairs of the two countries. Such arrangements have yet to enter into operation. (26) Regulation (EEC) No 295/91 should accordingly be repealed, HAVE ADOPTED THIS REGULATION: Article 1 Subject 1. This Regulation establishes, under the conditions specified herein, minimum rights for passengers when:
2. Application of this Regulation to Gibraltar airport is understood to be without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom with regard to the dispute over sovereignty over the territory in which the airport is situated. 3. Application of this Regulation to Gibraltar airport shall be suspended until the arrangements in the Joint Declaration made by the Foreign Ministers of the Kingdom of Spain and the United Kingdom on 2 December 1987 enter into operation. The Governments of Spain and the United Kingdom will inform the Council of such date of entry into operation. Article 2 Definitions
Article 3 Scope 1. This Regulation shall apply:
2. Paragraph 1 shall apply on the condition that passengers:
3. This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public. However, it shall apply to passengers having tickets issued under a Frequent Flyer Programme or other commercial programme by an air carrier or tour operator. 4. This Regulation shall apply to any operating air carrier providing transport to passengers covered by paragraphs 1 and 2. Where an operating air carrier which has no contract with the passenger performs obligations under this Regulation, it shall be regarded as doing so on behalf of the person having a contract with that passenger. 5. This Regulation shall not affect the rights of passengers under Directive 90/314/EEC. This Regulation shall not apply in cases where a package tour is cancelled for reasons other than cancellation of the flight. Article 4 Denied boarding 1. When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. Volunteers shall be assisted in accordance with Article 8, such assistance being additional to the benefits mentioned in this paragraph. 2. If an insufficient number of volunteers comes forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will. 3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9. Article 5 Cancellation 1. In case of cancellation of a flight, the passengers concerned shall:
2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport. 3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. 4. The burden of proof concerning the questions whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier. Article 6 Delay 1. When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure
2. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket. Article 7 Right to compensation 1. Where reference is made to this Article, passengers shall receive compensation amounting to:
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time. 2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services. 4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method. Article 8 Right to reimbursement or re-routing 1. Where reference is made to this Article, passengers shall be offered the choice between:
2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC. 3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger. Article 9 Right to care 1. Where reference is made to this Article, passengers shall be offered free of charge:
2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails. 3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children. Article 10 Upgrading and downgrading 1. If an operating air carrier places a passenger in a class higher than that for which the ticket was purchased, it may not request any supplementary payment. 2. If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall within seven days, by the means provided for in Article 7(3), reimburse
Article 11 Persons with reduced mobility or special needs 1. Operating air carriers shall give priority to carrying persons with reduced mobility and any persons or certified service dogs accompanying them, as well as unaccompanied children. 2. In cases of denied boarding, cancellation and delays of any length, persons with reduced mobility and any persons accompanying them, as well as unaccompanied children, shall have the right to care in accordance with Article 9 as soon as possible. Article 12 Further compensation 1. This Regulation shall apply without prejudice to a passenger's rights to further compensation. 2. Without prejudice to relevant principles and rules of national law, including case-law, paragraph 1 shall not apply to passengers who have voluntarily surrendered a reservation under Article 4(1). Article 13 Right of redress 1. In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this Regulation, no provision of this Regulation may be interpreted as restricting its right to seek compensation from any person, including third parties, in accordance with the law applicable. In particular, this Regulation shall in no way restrict the operating air carrier's right to seek reimbursement from a tour operator or another person with whom the operating air carrier has a contract. Similarly, any tour operator or third party who, under this Regulation, has incurred expenses or suffered losses because of actions by the operating air carrier may seek reimbursement or compensation. 2. Member States shall ensure that any claim for compensation under the principle that the agency responsible should pay may be made and enforced against any third party. Article 14 Obligation to inform passengers of their rights 1. The operating air carrier shall ensure that at check-in a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: "If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance". 2. An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation. It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice. The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form. 3. In respect of blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means. Article 15 Exclusion of waiver 1. Obligations vis-à-vis passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage. 2. If, nevertheless, such a derogation or restrictive clause is applied in respect of a passenger, or if the passenger is not correctly informed of his rights and for that reason has accepted compensation which is inferior to that provided for in this Regulation, the passenger shall still be entitled to take the necessary proceedings before the competent courts or bodies in order to obtain additional compensation. Article 16 Infringements 1. Each Member State shall designate a body responsible for the enforcement of this Regulation as regards flights from airports situated on its territory and flights from a third country to such airports. Where appropriate, this body shall take the measures necessary to ensure that the rights of passengers are respected. The Member States shall inform the Commission of the body that has been designated in accordance with this paragraph. 2. Without prejudice to Article 12, each passenger may complain to any body designated under paragraph 1, or to any other competent body designated by a Member State, about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from a third country to an airport situated on that territory. 3. The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive. Article 17 Report
The report shall be accompanied where necessary by legislative proposals. Article 18 Repeal Regulation (EEC) No 295/91 shall be repealed. Article 19 Entry into force This Regulation shall enter into force on (11). 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
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| Food additives other than colours and sweeteners ***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) 662)(1), – having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5&nbhy;0577/2002), – 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;0216/2003), 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 3 July 2003 with a view to the adoption of European Parliament and Council Directive 2003/…./EC amending Directive 95/2/EC on food additives other than colours and sweeteners
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission (2), Having regard to the opinion of the European Economic and Social Committee (3), Acting in accordance with the procedure laid down in Article 251 of the Treaty (4), Whereas: (1) Food additives may be approved for use in foodstuffs only if they comply with Annex II to Council Directive 89/107/EEC of 21 December 1988 on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption (5). (2) Directive 95/2/EC of the European Parliament and of the Council of 20 February 1995 on food additives other than colours and sweeteners (6) lays down a list of food additives that may be used in the Community and the conditions for their use. (3) There have been technical developments in the field of food additives since the adoption of Directive 95/2/EC. That Directive should be adapted to take account of those developments. (4) 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 foodstuffs and to source materials for their production (7) provides for the adoption of a list of additives necessary for the storage and use of flavourings, and the adoption of any special conditions for the use of such additives that may be necessary for the protection of public health and to ensure fair trade. (5) It is desirable to incorporate into Directive 95/2/EC those measures on additives necessary for the storage and use of flavourings, in order to contribute to transparency and consistency of Community legislation, and to facilitate compliance with Community legislation on food additives by food manufacturers, especially by small and medium size enterprises. In addition, according to 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), flavourings fall within the definition of "food". (6) While the use of additives which are necessary to ensure the safety and quality of flavourings and to facilitate their storage and use should be authorised, the levels of additives present in such flavourings should be the minimum required to achieve the intended purpose. In addition, consumers should be guaranteed correct, adequate and non&nbhy;misleading information on the use of additives. (7) The presence of an additive in a foodstuff, due to the use of a flavouring, is generally low and the additive does not have a technological function in the foodstuff. However, if under certain circumstances the additive does have a technological function in the compound foodstuff, it should be considered as an additive of the compound foodstuff and not as an additive of the flavouring, and the relevant rules relating to the additive in the particular foodstuff should apply, including the labelling rules laid down in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (9). (8) In accordance with Directive 88/388/EEC, food manufacturers should be informed about the concentrations of all additives in flavourings in order to enable them to comply with Community legislation. That Directive also requires quantitative labelling of each component subject to a quantitative limitation in a foodstuff. A quantitative limitation is expressed either numerically or by the "quantum satis" principle. (9) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of ensuring market unity and a high level of consumer protection to lay down rules on the use of additives in flavourings. This Directive does not go beyond what is necessary in order to achieve the objectives pursued in accordance with the third paragraph of Article 5 of the Treaty. (10) In accordance with a request from a Member State and the opinion of the Scientific Committee on Food, established by Commission Decision 97/579/EC of 23 July 1997 setting up Scientific Committees in the field of consumer health and food safety (10), hydrogenated poly-1-decene, which was authorised at national level under Directive 89/107/EEC, should be authorised at Community level. (11) Biphenyl (E 230), orthophenyl phenol (E 231) and sodium orthophenyl phenol (E 232) are listed as preservatives in and on citrus fruits in Directive 95/2/EC. However, they fall under the definition of "plant protection products" in Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (11). Therefore, they should no longer come within the scope of Directive 95/2/EC. The Member States and the Commission should take all possible steps to ensure that there is no legal vacuum with regard to these substances. Authorisation to place on the market these substances as plant protection products should be dealt with as swiftly as possible. (12) On 4 April 2003, the Scientific Committee on Food stated that the temporary acceptable daily intake for E 214 to E 219 p-hydroxybenzoic acid alkyl esters and their sodium salts should be withdrawn if no further data are submitted in respect of intake and toxicity. (13) Directive 95/2/EC should therefore be amended accordingly. (14) Council Directive 67/427/EEC of 27 June 1967 on the use of certain preservatives for the surface treatment of citrus fruit and on the control measures to be used for the qualitative and quantitative analysis of preservatives in and on citrus fruit (12) lays down the control measures on preservatives in and on citrus fruits. Since those preservatives are no longer authorised for use in citrus fruits by Directive 95/2/EC, it is necessary to repeal Directive 67/427/EEC. (15) The Scientific Committee on Food has been consulted on the adoption of provisions that may have an effect upon public health, pursuant to Article 6 of Directive 89/107/EEC, HAVE ADOPTED THIS DIRECTIVE: Article 1 Directive 95/2/EC is hereby amended as follows: (1) In Article 1(3), point (v) shall be replaced by the following: "
(2) Article 3 shall be amended as follows:
(3) The Annexes shall be amended as set out in the Annex to this Directive. Article 2 1. Before 1 July 2004, the Commission and the European Food Safety Authority shall review the conditions for the use of additives E214 to E219. 2. Before ...(13), the Commission shall submit to the European Parliament and the Council a report on the progress of the re-evaluation of additives. This re-evaluation shall in particular focus on E 432 to E 436 (polysorbates) as well as E 251 and E 252 (nitrates) and E 249 and E 250 (nitrites). Article 3 Directive 67/427/EEC shall be repealed. Article 4 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive in order to:
They shall forthwith inform the Commission thereof. 2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. Article 5 This Directive shall enter into force on the day of its publication in the Official Journal of the European Union. Article 6 This Directive is addressed to the Member States. Done at For the European Parliament For the Council The President The President _______________ ANNEX The Annexes to Directive 95/2/EC shall be amended as follows: (1) In Annex I:
(2) In Annex II:
(3) In Annex III A. Part A shall be amended as follows:
B. Part C shall be amended as follows:
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* Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ L 179, 14.7.1999, p.1). Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1). ** Commission Regulation (EC) No 1622/2000 of 24 July 2000 laying down certain detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine and establishing a Community code of oenological practices and processes (OJ L 194, 31.7.2000, p.1). Regulation as last amended by Regulation (EC) No 1410/2003 (OJ L 201, 8.8.2003, p. 9).'' C. Part D shall be amended as follows:
(4) In Annex IV:
(5) In Annex V:
(6) In Annex VI:
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| Protection of vulnerable road users ***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(2003) 67)(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;0054/2003), – having regard to Rule 67 of its Rules of Procedure, – having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Legal Affairs and the Internal Market and the Committee on the Environment, Public Health and Consumer Policy (A5-0223/2003), 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 3 July 2003 with a view to the adoption of European Parliament and Council Directive 2003/…./EC relating to the protection of pedestrians and other vulnerable road users before and in the event of a collision with a motor vehicle and amending Directive 70/156/EEC
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission(2), Having regard to the opinion of the European Economic and Social Committee(3), Acting in accordance with the procedure laid down in Article 251 of the Treaty(4), Whereas: (1) In order to reduce the number of road accident casualties in the Community, it is necessary to introduce measures so as to improve the protection of pedestrians and other vulnerable road users from injury in the event of a collision with the fronts of motor vehicles. (2) A package of active and passive measures for improving safety (avoidance of accidents and reduction of secondary effects by traffic calming and infrastructure improvements) for vulnerable road users, such as pedestrians, cyclists and motorcyclists, is urgently needed in the framework of the forthcoming road safety action programme. (3) The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured and to which end a Community type-approval system for motor vehicles is in place; the technical requirements for the type-approval of motor vehicles with regard to pedestrian protection should be harmonised to avoid the adoption of different requirements among Member States and to ensure the proper functioning of the internal market. (4) Pedestrian protection objectives can be achieved by a combination of active and passive safety measures. The recommendations by the European Enhanced Vehicle-safety Committee (EEVC) of June 1999 are the subject of a wide consensus in this area. Those recommendations propose performance requirements for the frontal structures of certain categories of motor vehicles to reduce their aggressiveness. This Directive presents tests and limit values based on the EEVC recommendations. (5) The Commission should examine the feasibility of extending the scope of this Directive to vehicles with a total permissible mass of up to 3.5 tonnes, and report its findings to the European Parliament and to the Council. (6) This Directive should be considered as one element of a broader package of measures concerning road users, vehicles and infrastructure, to be undertaken by the Community, the industry and the relevant authorities of the Member States, on the basis of exchanges in best practice, in order to address pre-crash (active), in-crash (passive), and post-crash safety of pedestrian and other vulnerable road users. (7) In view of the speed of technological development in this area, alternative measures at least equivalent in terms of actual effectiveness to the requirements of this Directive - either passive or a combination of active and passive measures - may be proposed by the industry and shall be assessed following a feasibility study carried out by independent experts by 1 July 2004; the introduction of alternative measures at least equivalent in terms of actual effectiveness would require adapting or amending this Directive. (8) Because of the ongoing research and technical progress in the area of pedestrian protection, it is appropriate to introduce a certain degree of flexibility in this field. Accordingly, this Directive establishes the fundamental provisions regarding pedestrian protection in the form of tests to be complied with by new types of vehicles and by new vehicles. The technical prescriptions for the application of those tests should be adopted by Commission decision. (9) The rapidly advancing technology in active safety means that collision mitigation and avoidance systems could provide major safety benefits, for example in reducing collision speed and adjusting impact direction. The development of such technologies should be encouraged by this Directive. (10) The Associations representing the European, Japanese and Korean motor vehicle manufacturers have undertaken commitments to start applying the EEVC recommendations concerning limit values and tests, or agreed alternative measures of at least equivalent effect, as from 2010, and a first set of limit values and tests as from 2005 to new types of vehicles and to apply the first set of tests to 80% of all new vehicles as from 1 July 2010, to 90% of all new vehicles as from 1 July 2011 and to all new vehicles as from 31 December 2012. (11) The provisions laid down in this Directive should also contribute to establishing a high level of protection in the context of the international harmonisation of legislation in this area, which started under the 1998 Agreement of the UN/ECE concerning the establishment of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles. (12) This Directive is one of the Directives which must be complied with in order to conform to the EC type-approval procedure established by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(5). (13) Directive 70/156/EEC should therefore be amended accordingly. HAVE ADOPTED THIS DIRECTIVE: Article 1 1. This Directive applies to the frontal surfaces of vehicles. For the purpose of this Directive, "vehicle" means any motor vehicle as defined in Article 2 of and Annex II to Directive 70/156/EEC, of category M1, of a total permissible mass not exceeding 2.5 tonnes, and N1 derived from M1, of a total permissible mass not exceeding 2.5 tonnes. 2. This Directive has the purpose of reducing injuries to pedestrians and other vulnerable road users who are hit by the frontal surfaces of the vehicles defined in paragraph 1. Article 2 1. With effect from 1 January 2004 no Member State may, on grounds relating to pedestrian protection:
2. With effect from 1 October 2005, Member States shall no longer grant:
3. Paragraph 2 shall not apply to vehicles which do not differ with respect to their essential aspects of bodywork construction and design forward of the A pillars from vehicle types which have been granted EC type approval or national type approval before 1 October 2005, which have not already been approved to this Directive. 4. With effect from 1 September 2010, Member States shall no longer grant:
5. With effect from 31 December 2012, Member States:
6. With effect from 5 years after the date referred to in paragraph 4, Member States:
Article 3 Subject to the provisions in Article 2, Member States shall ensure that the tests laid down in section 3.1. or 3.2. of Annex I are carried out in accordance with the technical prescriptions which the Commission shall specify by decision. Article 4 The approval authorities of each Member State shall send monthly to the Commission a copy of the type-approval certificate, the model for which is set out in Appendix 2 of Annex II, in respect of each vehicle which they have approved in accordance with this Directive during that month. Article 5 1. The Commission, based on relevant information communicated by the approval authorities and interested parties as well as on independent studies, shall monitor the progress made by the industry in the area of pedestrian protection, and shall carry out, by 1 July 2004, an independent feasibility assessment concerning the provisions in Annex I, section 3.2. and in particular alternative measures – either passive or a combination of active and passive measures - which are at least equivalent in terms of actual effectiveness. The feasibility assessment shall be based, inter alia, on practical tests and independent scientific studies. 2. If, as a result of the feasibility assessment referred to in paragraph 1, it is considered necessary to adapt the provisions of Annex I, section 3.2, to include a combination of active and passive measures which afford at least the same level of protection as the existing provisions of Annex I, section 3.2, the Commission shall submit to the European Parliament and the Council a proposal to amend this Directive accordingly. 3. As long as adaptation of this Directive is restricted to the introduction of alternative passive measures which afford at least the same level of protection as the existing provisions of Annex I, section 3.2, such adaptation may be carried out by the Committee on the Adaptation to Technical Progress, in accordance with the procedure laid down in Article 13 of Directive 70/156/EEC. 4. The Commission shall report before 1 April 2006, and every two years thereafter, to the European Parliament and the Council on the results of the monitoring referred to in paragraph 1. Article 6 Directive 70/156/EEC is amended as follows: 1. In Annex I, points 9.[23] and 9.[23].1 are inserted: "
2. In Annex III, Section A, points 9.[23] and 9.[23].1 are inserted: "
3. In Annex IV, part I, an item [58], and footnotes, is inserted as follows:
4. In Annex XI, appendix 1 an item [58] is inserted, as follows:
5. In Annex XI, appendix 2 an item [58] is inserted as follows:
6. In Annex XI, appendix 3 an item [58] is inserted, as follows:
Article 7 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2003 at the latest. They shall forthwith inform the Commission thereof. They shall apply those provisions with effect from 1 January 2004. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such a reference is to be made. 2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. Article 8 This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union. Article 9 This Directive is addressed to the Member States. Done at , For the European Parliament For the Council The President The President ANNEX I TECHNICAL PROVISIONS 1. SCOPE This Directive applies to the frontal surfaces of vehicles. For the purpose of this Directive, vehicle means any motor vehicle as defined in Article 2 of and Annex II to Directive 70/156/EEC of category M1 of a total permissible mass not exceeding 2,5 tonnes and to N1 vehicles derived from M1, of a total permissible mass not exceeding 2,5 tonnes. 2. DEFINITIONS For the purposes of this Directive: 2. 1 "A-pillar" means the foremost and outermost roof support extending from the chassis to the roof of the vehicle. 2. 2 "Bumper" means the front, lower, outer structure of a vehicle. It includes all structures that are intended to give protection to a vehicle when involved in a low speed frontal collision with another vehicle and also any attachments to this structure. 2. 3 "Bonnet Leading Edge" means the front upper outer structure including the bonnet and wings, the upper and side members of the headlight surround and any other attachments. 2. 4 "Bonnet top" means the outer structure that includes the upper surface of all outer structures except the windscreen, the A-pillars and structures rearwards of them. It therefore includes, but is not limited to, the bonnet, wings, scuttle, wiper spindle and lower windscreen frame. 'Head Performance Criterion (HPC)' is a calculation, over a specified time period, of the maximum resultant acceleration experienced during the impact. 2. 5 "Windscreen" means the frontal glazing of the vehicle which meets all the relevant requirements of Annex I to Directive 77/649/EEC(6). 2. 6 "Vehicle Type" means a category of vehicles which, forward of the A-pillars, do not differ in such essential respects as:
3. TEST PROVISIONS 3.1. The following tests are required to be carried out; however, the limit values specified in items 3.1.3. and 3.1.4. are required for monitoring purposes only. 3.1.1. Legform to Bumper: One of the two following legform tests are required to be performed: 3.1.1.1 Lower legform to bumper: The test is performed at an impact speed of 40km/h. The maximum dynamic knee bending angle shall not exceed 21.0°, the maximum dynamic knee shearing displacement shall not exceed 6.0mm, and the acceleration measured at the upper end of the tibia shall not exceed 200g 3.1.1.2 Upper legform to bumper: The test is performed at an impact speed of 40km/h. The instantaneous sum of the impact forces with respect to time shall not exceed 7.5kN and the bending moment on the test impactor shall not exceed 510Nm. 3.1.2. Child/Small Adult headform to bonnet top: The test is performed at an impact speed of 35km/h using a 3.5kg test impactor. The Head Performance Criterion (HPC) shall not exceed 1000 over 2/3 of the bonnet test area and 2000 for the remaining 1/3 of the bonnet test area. 3.1.3. Upper legform to bonnet leading edge: The test is performed at an impact speed up to 40km/h. The instantaneous sum of the impact forces with respect to time should not exceed a possible target of 5.0kN and the bending moment on the test impactor shall be recorded and compared with the possible target of 300Nm. 3.1.4. Adult headform to windscreen: The test is performed at an impact speed of 35km/h using a 4.8kg test impactor. The Head Performance Criterion (HPC) shall be recorded and compared with the possible target of 1000. 3.2. The following tests are required to be carried out. 3.2.1. Legform to Bumper: One of the two following legform tests are required to be performed: 3.2.1.1 Lower legform to bumper: The test is performed at an impact speed of 40km/h. The maximum dynamic knee bending angle shall not exceed 15.0°, the maximum dynamic knee shearing displacement shall not exceed 6.0mm, and the acceleration measured at the upper end of the tibia shall not exceed 150g. 3.2.1.2 Upper legform to bumper: The test is performed at an impact speed of 40 km/h. The instantaneous sum of the impact forces with respect to time shall not exceed 5.0kN and the bending moment on the test impactor shall not exceed 300Nm. 3.2.2. Child headform to bonnet top: The test is performed at an impact speed of 40km/h using a 2.5kg test impactor. The Head Performance Criterion (HPC) shall not exceed 1000 for the whole of the bonnet test area. 3.2.3 Upper legform to bonnet leading edge: The test is performed at an impact speed up to 40km/h. The instantaneous sum of the impact forces with respect to time shall not exceed 5.0kN and the bending moment on the test impactor shall not exceed 300Nm. 3.2.4 Adult headform to bonnet top: The test performed at an impact speed of 40km/h using a 4.8kg test impactor. The Head Performance Criterion (HPC) shall not exceed 1000 for the whole bonnet test area. ANNEX II ADMINISTRATIVE PROVISIONS FOR TYPE-APPROVAL 1. APPLICATION FOR EC TYPE APPROVAL 1.1 The application for EC type-approval pursuant to Article 3(4) of Directive 70/156/EEC of a vehicle type with regard to pedestrian protection shall be submitted by the manufacturer. 1.2 A model for the information document is given in Appendix 1. 1.3 A vehicle, representative of the vehicle type to be approved, shall be submitted to the technical service responsible for conducting the type-approval tests. 2. GRANTING OF EC TYPE-APPROVAL 2.1 If the tests referred to in Annex I are conducted in accordance with the specifications provided in that Annex and the technical prescriptions referred to in Article 3, EC type-approval pursuant to Article 4(3) and, if applicable, 4(4) of Directive 70/156/EEC shall be granted. 2.2 A model for the EC type-approval certificate is given in Appendix 2. 2.3 An approval number in accordance with Annex VII to Directive 70/156/EEC shall be assigned to each type of vehicle approved. The same Member State shall not assign the same number to another type of vehicle. 2.4 In case of doubt, account shall be taken, when verifying the compliance with the test procedures, of any data or test results, provided by the manufacturer, which can be taken into consideration in validating the approval test carried out by the approval authority. 3. MODIFICATION OF THE TYPE AND AMENDMENTS TO APPROVALS 3.1 Any modification of the vehicle affecting the general form of the frontal structure of the vehicle which in the judgement of the authority would have a marked influence on the results of the tests shall require a repetition of the test. 3.2 In the case of modification of a vehicle type approved pursuant to this Directive, the provisions of Article 5 of Directive 70/156/EEC shall apply. 4. CONFORMITY OF PRODUCTION
Appendix 1 to Annex II Information document No ............ pursuant to Annex I of Council Directive 70/156/EEC relating to the EC type-approval of a vehicle with respect to Pedestrian protection The following information, if applicable, must be supplied in triplicate and include a list of contents. Any drawings must be supplied in appropriate scale and in sufficient detail on size A4 or on a folder of A4 format. Photographs, if any, must show sufficient detail. If the systems, components or separate technical units have electronic controls, information concerning their performance must be supplied. 0 GENERAL 0.1 Make (trade name of manufacturer): 0.2 Type and general commercial description(s): 0.3 Means of identification of type, if marked on the vehicle: 0.3.1 Location of that marking: 0.4 Category of vehicle: 0.5 Name and address of manufacturer: 0.8 Address(es) of assembly plant(s): 1. GENERAL CONSTRUCTION CHARACTERISTICS OF THE VEHICLE 1.1 Photographs and/or drawings of a representative vehicle: 1.6 Position and arrangement of the engine : 9. BODYWORK 9.1 Type of bodywork : 9.2 Materials used and methods of construction :
Appendix 2 to Annex II MODEL (maximum format : A4 (210 x 297 mm) EC TYPE-APPROVAL CERTIFICATE
Communication concerning the
Type-approval Number Reason for extension SECTION I 0.1 Make (trade name of manufacturer): 0.2 Type: 0.2.1. Commercial name(s) (if availavailable)…………………………………………….. 0.3 Means of identification of type, if marked on the vehicle 0.3.1 Location of that marking: 0.4 Category of vehicle: 0.5 Name and address of manufacturer:………………………………………………… 0.8 Names and address(es) of assembly plant(s): SECTION II 1 Additional information (where applicable) (see Addendum) 2 Technical service responsible for carrying out the tests: 3 Date of test report: 4 Number of test report: 5 Remarks (if any) (see Addendum) 6 Place: 7 Date: 8 Signature: 9 The index to the information package lodged with the approval authority, which may be obtained on request, is attached. Addendum to EC type-approval certificate no ............ concerning the type-approval of a vehicle with regard to Directive …/…/EC. 1 Additional information 1.1 Brief description of the vehicle type as regards its structure, dimensions, lines and constituent materials : 1.2 Site of engine : forward / rear / central(8) 1.3 Drive : front-wheel : rear-wheel1 1.4 Mass of vehicle submitted for testing - Front axle : Rear axle : Total : 1.5 Test results according to Section 3.1/3.2 of Annex I (delete as appropriate): 1.5.1. Annex I Section 3.1 tests
1.5.2. Annex I Section 3.2 tests
1.6 Remarks: (eg, valid for left-hand drive and right-hand drive vehicles)
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| 2004 budget conciliation procedure |
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The European Parliament, – having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty, – having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(1) and in particular Annex III thereof, – having regard to the preliminary draft budget of the Commission for 2004, – having regard to its resolution of 11 March 2003 on the guidelines for the 2004 budget procedure, Section III, Commission(2), – having regard to Article 92 and Annex IV of its Rules of Procedure, – having regard to the report of the Committee on Budgets and the opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy, the Committee on Agriculture and Rural Development, and the Committee on Fisheries (A5-0240/2003), A. whereas the objective of the first reading conciliation between Parliament and Council is to evaluate the needs assessed by the Commission in the Preliminary Draft Budget (PDB) and to secure an agreement on the level of expenditure for agriculture, international fisheries agreements and the common foreign and security policy, but it is also an opportunity to prepare an agreement on Parliament's priorities, including the pilot projects and preparatory actions, and an appropriate level of payments, B. whereas the 2004 budget is essential for the successful integration of 10 new Member States in the financial system of the European Union and should thus contribute to the political aim of uniting Europe, and whereas it should promote economic, social and territorial cohesion, sustainable development, entrepreneurship and competitiveness and help improve the business climate and conditions for the creation of long term employment opportunities and sustainable economic growth, and strengthen the link between education and entrepreneurship, C. whereas in Decision 2003/429/EC of the European Parliament and of the Council of 19 May 2003 on the adjustment of the financial perspective for enlargement(3), the financial perspective has been revised and adjusted in order to cater for the accession of 10 new Member States, D. whereas the Commission has presented the preliminary draft budget as a budget for 25 Member States, thus following Parliament's position, E. whereas the 2004 PDB amounts to EUR 112.2 billion in appropriations for commitments and EUR 100.7 billion in appropriations for payments, which represents an increase of 12.6% in commitments and 3.3% in payments compared to the 2003 budget, which was adopted for an EU of 15 Member States, and whereas the increase for non-compulsory expenditure is 16.8% in commitments and only 0.8% in payments, while the increase for compulsory expenditure is 6.6% in commitments and 6.5% in payments, F. whereas the projected figures for the 15 current Member States in the 2004 PDB are EUR 100.4 billion in commitments and EUR 95.6 billion in payments, representing an increase of 0.7% in commitments and a reduction of 2.0% in payments, which are significantly lower than even the deflator of 1.7% used by the Commission for the annual technical adjustment of the financial perspective for the 2004 financial year, and whereas for EU-15 non-compulsory expenditure is reduced by 0.5% in commitments and by as much as 5.1% in payments, while the appropriations for compulsory expenditure increase by 2.4% in commitments and 2.3% in payments, G. whereas appropriations for payments represent 0.99% of the Gross National Income (GNI) of the 25 Member States compared to 1.04% of GNI for the 2003 budget for 15 Member States, and representing the lowest share since 1987 (0.96% of GNP), H. whereas the maximum rate of increase (MRI) for non-compulsory expenditure, established on the basis of Article 272(9) of the EC Treaty, is 8.0%, which combines an MRI of 3.9% for the current Member States and 4.7% due to the increase in EU GNI as a result of the accession of 10 new Member States in 2004, General framework 1. Welcomes the fact that the Commission has presented the PDB for 25 Member States in accordance with the budgetary principles deriving from the Treaty, in particular the principle of unity as stated by Article 4 of the Financial Regulation, which provides that the budget must forecast and authorise all revenue and expenditure necessary for the European Union; underlines the fact that no discrimination must exist in the budget between the current 15 Member States and the 10 states that will accede to the European Union on 1 May 2004; 2. Considers that the 15 current Member States between January and April 2004 must only transfer the own resources to the EU budget which correspond to a budget for 15 Member States; intends to reach a political agreement with the Council in December 2003 on a budget for 25 Member States which respects the budgetary principles of unity, annuality and transparency, although the President of Parliament may only sign a budget for 15 Member States to respect the legal situation on 1 January 2004; notes that the Accession Treaty provides for the presentation of an Amending Budget before 1 May 2004 in order to adjust the budget to cope with 25 Member States; insists that the procedure be complemented by a firm commitment by the two arms of the budgetary authority to respect the figures for 25 Member States decided in the 2004 budgetary procedure; 3. Stresses that, in parallel with the budgetary procedure, the multi-annual financial frameworks of the codecision programmes under heading 3 must be revised in order to include the needs of the new Member States from 1 May 2004 onwards, as agreed in the Declaration on Article 32 and Annex XV of the Accession Treaty of April 2003; stresses that it will undertake all efforts to reach an agreement with Council in the July conciliation; 4. Welcomes the introduction of Activity-Based Budgeting (ABB) in the 2004 budget nomenclature, in line with the entry into force of the new Financial Regulation; regrets that the Commission did not enter the human resources under each policy area and that the administrative costs entered in the PDB do not reflect the real costs by policy area; intends to evaluate, on the basis of ABB, the costs of the different policy areas in line with its political priorities; 5. Will examine the ratio between administrative and operational expenditure, and reaffirms its position that 'expenditure on administrative management' (former BA lines) has to be limited as far as possible in order to maintain the level of operational expenditure in the budget, without, however, neglecting the level of RAL; 6. Intends to further examine the level of payments, given that there is a significant imbalance between increases in commitments and in payments for EU-25, while payments for non-compulsory expenditure for EU-15 are reduced by EUR 2.9 billion compared to the 2003 budget; 7. Notes that the margin for payment appropriations left by the 2004 PDB amounts to EUR 10.9 billion; Agriculture 8. Notes that the total amount of heading 1 for EU-25 (EUR 47.9 billion) increases by 6.9% compared to the 2003 budget, corresponding to an increase of 39.1%, or EUR 1.8 billion, for heading 1b (Rural development), and only 3.1% (EUR 1.3 billion) for heading 1a (Common agricultural policy, not including rural development), because direct income payments will not have an impact on the budget until 2005; 9. Notes that the margin for heading 1a in the 2004 PDB is EUR 1.4 billion, while no margin is left under heading 1b, and that the estimated agricultural budget is based on a euro exchange rate of 1.07 to the US dollar; 10. Notes that the compulsory part of the common agricultural policy's total expenditure is cut from 40.2% in the 2003 budget to 36.8% in the 2004 PDB for EU-25 and that the share of non-compulsory expenditure is increased from 4.7% in 2003 to 5.8% in 2004; 11. Seeks clarification on the inclusion of the Commission proposal for the mid-term review in the PDB, given that no decision has yet been taken by the Council, and asks the Commission to detail and possibly adjust the budgetary impact in its Letter of Amendment, taking account of Parliament's position; 12. Welcomes the large increase of 31% for health and consumer protection included under heading 1a (Food safety, animal health, animal welfare and plant health, Articles 17 04 01 to 17 04 05, former Chapter B1-33), which should allow sufficient funding to be set aside for the development of better vaccines and testing methods and for health checks to be carried out at the enlarged Union's borders; 13. Is considering creating a special item for insurance schemes for farmers in connection with emergencies and calamities such as foot-and-mouth disease, classical swine fever, avian influenza and other similar diseases; 14. Is considering providing extra resources for further development and implementation of environmental indicators and for the promotion of quality schemes in agriculture; 15. Expresses its concern about the 8.3% and 6.4% cuts in the 2004 PDB for promotion measures (05 08 05 01) and the audit of agriculture expenditure (Chapter 05 07) respectively; 16. Underlines the fact that the global increase of 29% in appropriations for rural development (as defined in the ABB, Chapter 05 04; heading 1b and EAGGF Guidance Section under heading 2) reflects one of the calls made in Parliament's guidelines for 2004; notes that the increase for heading 1b is basically due to the impact of enlargement while the increase for EU-15 for this chapter amounts to 8.8%; Fisheries 17. Notes that the Commission has created under ABB nomenclature a policy area comprising all expenditure related to EU fisheries policy (Policy area 11: Fisheries), such as fishery markets (heading 1a), structural interventions for fisheries (heading 2), actions concerning control, conservation, data collection and research (heading 3), international fisheries agreements and organisations (heading 4), and - as in each policy area - administrative expenditure under heading 5 (internal and external staff, management support and buildings) and expenditure on administrative management (headings 2, 3 and 4); 18. Notes that, for the fisheries policy area in 2004, the Commission projects appropriations of EUR 972.1 million in commitments and EUR 983.3 million in payments, which is an increase of EUR 46.9 million (5.1%) in commitments and a reduction of EUR 15.2 million (1.5%) in payments, while of fisheries policy area appropriations EUR 73.0 million in commitments and EUR 34.7 million in payments are earmarked for the new Member States; 19. Intends to further examine the significant reductions made by the Commission for fisheries policy under heading 3, in particular in research and under the Structural Funds; considers that monitoring and control of the use of quotas must be improved and that better cooperation between the Commission's and Member States' activities is a priority in this respect; 20. Intends to examine the need for payment appropriations for the 'scrapping fund' (Article 11 06 10), given that the Council has not yet agreed on financing the fund under the 2003 budget; urges the Council to establish its position on the financing of the reform of the common fisheries policy; 21. Notes that the appropriations for international fisheries agreements (Article 11 03 01) have been slightly increased by EUR 1.6 million (0.9%) in commitments and EUR 1.9 million (1.0%) in payments; states that more detailed information is needed on the ongoing negotiations for renewal of agreements and protocols before Parliament's first reading in order to allocate the necessary resources; invites the Council to agree with Parliament to make a distinction within this article between the part that is related to the development of the third country's fisheries industry (the so-called targeted measures) and the Community's financial compensation in exchange for fishing rights so as to enhance transparency and control over implementation of the EU budget; 22. Takes note that the Commission has not included appropriations in the 2004 PDB for new fisheries agreements which are under negotiation without a clear indication about their conclusion during 2003 or 2004; Common foreign and security policy 23. Recalls the agreement reached during the 2003 budgetary procedure on the provision of information to, and consultation of, Parliament on the common foreign and security policy (CFSP), including European security and defence policy (ESDP); deplores the fact that the Council did not respect this agreement as regards financial information and consultation of Parliament on the ESDP action in FYROM ('Mission Concordia'); therefore urges the Council to deliver this information, and henceforth to respect the agreement; 24. Notes the proposal in the PDB to increase the appropriations for CFSP by a further EUR 4 million (8.4%) in commitments compared to the 2003 budget; 25. Expects further justification for the need to increase CFSP expenditure in 2004, following the increase by EUR 17.5 million (58.3%) in the 2003 budget, on the basis of political dialogue and immediate and detailed information on financing and implementation in order to identify the real needs for CFSP Joint Actions, given the restrictions on funding for external actions; will in the meantime abstain from taking a final decision on the 2004 CFSP expenditure; 26. Is aware that the EU Police Mission (EUPM) to Bosnia and Herzegovina appears to be operating efficiently despite its late start; nevertheless draws attention to delays in providing essential equipment; External actions 27. Notes that the deepening of relations with the neighbours of the enlarged Union currently under discussion (Wider Europe/New Neighbours Initiative) will entail additional budgetary needs; points to the need to ensure that adequate funds will be available in the TACIS, CARDS and MEDA programmes and possibly also in a new Neighbourhood Instrument; asks the Commission to look into the possibilities of using resources in the external action heading, complemented with resources from the revised pre-accession strategy heading, if and when appropriate; 28. Asks for further clarification of the announcement on funding for South Eastern Europe for 2004-2006 made by the Commission at the 4th Stability Pact Parliamentary Conference held at the European Parliament on 21-22 May 2003; 29. Underlines its support, in the light of the projected cuts, for measures to prevent and resolve conflicts and for actions on anti-personnel mines; Pilot projects and preparatory actions 30. Notes that the margin of EUR 82.5 million left by the Commission under heading 3 for an EU with 25 Member States is not significantly higher than the margin left in previous years for an EU with 15 Member States; underlines the fact that the increase in other actions, including the codecision programmes, should leave sufficient scope for new programmes, pilot projects and preparatory actions; 31. Confirms the need to consider the continuation of existing pilot projects and preparatory actions based on their implementation; reminds the Council and Commission at this stage of the procedure of its intention to examine the introduction of new actions in the field of agriculture in heading 1a on an insurance scheme for farmers, the implementation of environmental indicators, and a quality scheme for food production; asks the Council to take a position on this issue; will consider the introduction of new actions in other policy areas at its first reading; 32. Considers that, given the recent adjustment of the financial perspective and the imminent arrival of new Member States, the annual amount earmarked for pilot projects and preparatory actions should be increased; Structural operations 33. Expresses concern about the fact that the payment appropriations for the Structural Funds for the current 15 Member States have been reduced by EUR 4.2 billion, or 13.9%, compared to the 2003 budget; stresses that their volume should be assessed on the basis of not just the Member States' forecasts, but also the level of outstanding commitments and payments for the current financial year, and that the closure of programmes from the previous period (1994-1999) does not in any way justify any cuts in appropriations; notes that the payment appropriations for the Structural Funds and the Cohesion Fund for the new Member States amount to EUR 1.8 billion compared to commitment appropriations of EUR 6.7 billion; 34. Calls on the Commission to submit an assessment of the implementation of the N+2 rule and its real impact and to include an analysis of the appropriations expected to be freed up and their impact over the year; 35. Asks the Commission to inform Parliament on Member States' forecasts for Structural Funds payments for 2004 in order to assess the appropriate level of payments; Small and medium-sized enterprises 36. Stresses the importance of promoting SMEs at EU level, too; deplores the fact that, in spite of the priority given to promoting entrepreneurship and the challenges of enlargement, the commitment appropriations in the PDB for 2004 as regards some specific budget lines for SMEs either remain at the 2003 level (e.g. improving the financial environment for SMEs - Article 01 04 05) or even decrease (e.g. Chapter 02 02, Encouraging entrepreneurship, decreases by 21.7% compared to the 2003 budget); intends to make additional resources available for developing an ambitious SME assistance policy in an enlarged Europe; takes the view that greater emphasis should be placed on the social dimension, employment and vocational training; Subsidies 37. Takes note of the Commission communication (COM(2003) 274) containing the different legal bases for the activities financed under former Chapter A-30 and for which a legal basis is now needed as a result of the ABB nomenclature; urges the Council to cooperate closely with Parliament to adopt the legal basis before the end of the 2004 budgetary procedure; recalls that Parliament had expressed its preference for a framework regulation in order to avoid the rigidity of specific requirements imposed by various legal bases, depending on the Treaty article concerned; reminds the Commission that the legal aspects should not undermine the principles agreed in Article 107 of the Financial Regulation concerning the implementation of Parliament's priorities; will ensure that none of the European Parliament's political priorities are lost after the change in the system of subsidies; intends to examine all proposals together so as to ensure a coherent legislative framework for all activities under former Chapter A-30 in accordance with the new Financial Regulation; Agencies 38. Notes that the amount given over to the agencies in the PDB for 2004 is EUR 212 million, under heading 3, as a result of the significant increase for the newly created agencies following adoption of their respective legal bases, the establishment of two new agencies and, lastly, what is required by all of them for enlargement; believes that, particularly given the increasing trend towards decentralisation of EU activities, the rigour imposed on the institutions should, similarly, apply to the agencies; points out that, according to the joint statement agreed in the context of the revision of the regulations establishing the agencies, the competent bodies should endeavour to settle the question of the agencies' final locations as early as possible; o 39. Instructs its President to forward this resolution to the Council, the Commission, the Court of Auditors and the EU agencies.
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| Implementation of 2003 budget |
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The European Parliament, – having regard to Articles 272 and 274 of the EC Treaty, – having regard to the general budget of the European Union for the financial year 2003(1), – having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(2), – having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(3), – having regard to Rule 92 and Annex IV of its Rules of Procedure, – having regard to the report of the Committee on Budgets (A5&nbhy;0233/2003), A. whereas it establishes, as one arm of the budgetary authority, the general budget of the European Union according to Article 272 of the Treaty, B. whereas the Commission implements the budget voted by the budgetary authority under its own responsibility and within the limits of the appropriations, according to Article 274 of the Treaty, C. whereas, in the context of the 2001 and 2002 budget procedures, it has already reinforced its monitoring over budget implementation in the course the budgetary year, D. whereas new tools and instruments to improve this follow-up have been set up at an interinstitutional level, such as weekly implementation tables and the Implementation Plan containing the implementation profile envisaged for various programmes, E. whereas the overall administrative reform of the Commission, ongoing since 2000, may have a major impact on the implementation of the budget and includes changes such as the introduction of Activity Based Management (ABM), Activity Based Budgeting (ABB), deconcentration of external delegations and a better matching of the tasks and resources at the Commission's disposal, F. whereas both qualitative and quantitative analysis of implementation are important means of ensuring that resources (tax-payers' money) are used effectively to achieve established goals and to provide a link with next year's budget in the allocation of scarce resources, G. whereas point 37 of the Interinstitutional Agreement allows for the possibility of entering in the budget appropriations without legal bases for pilot projects and preparatory actions, H. whereas the new Financial Regulation entered into force on 1 January 2003. RAL and Implementation Plan 1. Notes that, as at 30 April 2003, total outstanding commitments (RAL) had risen to EUR 126.1 billion from an amount of EUR 110.7 billion at the same date in 2002; notes that the breakdown is as follows:
2. Is concerned at this general increase, although final opinion must be reserved until new information on the abnormal part of these RALs is available; 3. Recalls the Commission's undertaking to submit, with the PDB for 2004, an action plan examining all potentially abnormal outstanding commitments and a timetable for their elimination by the end of 2003; also recalls that these documents will contain information, broken down per Member State, on items falling under the N+2 rule and indicate the measures to be taken; 4. Recalls that the Implementation Plan for 2003 should take into account and reflect the political priorities of the European Parliament as set out in the already adopted 2003 budget; 5. Believes that there is a problem with the general debate on RALs (outside purely budgetary circles) as the total figures are so often confused with what is the "abnormal" part, even within the Institutions themselves, let alone by the general public; considers that the abnormal part of the RAL must be made more visible and, as a first step, that it should appear separately and regularly in documents produced by the Commission; in the medium term, new terminology and ways of presentation should be found to make the subject more accessible; 6. Notes with satisfaction that the Implementation Plan for 2003 will be broken down in greater detail, as agreed in the Joint Declaration on potentially abnormal RAL(4), which will allow for monitoring of specific programmes rather than aggregate budgetary headings; regrets that the Implementation Plan was not available with the PDB 2004 as had been agreed and urges the Commission to present it without delay; 7. Asks the Commission to provide an overview of the commitments that are not implemented, cancelled, de-committed and lapsed since 1999 (but that may refer to commitments from the previous programming period), so as to determine which percentage of the budget was not only delayed but not actually spent; Preparation for enlargement 8. Welcomes the fact that selection procedures for the 500 enlargement posts provided for 2003 are on schedule and that the staff should be contracted as planned; 9. Recalls that the Commission received additional human resources also in 2001 (400 posts) and 2002 (317 posts) and asks the Commission to provide the breakdown of where these posts have been allocated; will pay particular attention to whether the Parliament's priorities have been taken into account in the allocation of these posts; 10. Asks the Commission to clarify the future plans for DG Enlargement, especially as concerns staffing resources (taking into account the needs for Bulgaria, Romania, Croatia, etc.) once this enlargement has taken place, and to what extent and where resources could be redeployed; Surplus 2002 11. Deplores the fact that the surplus for 2002, to be presented by the Commission in Amending Budget No 3/2003, amounts to EUR 7,4 billion; 12. Reminds the Commission to take into consideration both the political priorities of the European Parliament and the implementation rates when proposing budgetary transfers in order to apply a more efficient budgetary policy; 13. Points out that this amount consists of approximately EUR 9 billion of under-implementation of EU programmes in 2002, EUR -1,3 billion in lower than forecast revenues and EUR -0,3 billion from exchange rate fluctuations; 14. Considers the 2002 surplus to be a step forward, taking into account the fact that the surplus for 2001, returned to Member States last year, amounted to more than the double at EUR 15 billion; considers, nevertheless, that EUR 9 billion of under-implementation is unacceptably high and draws particular attention to Structural Funds, internal policies, and pre-accession aid where implementation continues to fall short of expectations; Impact of new Financial Regulation 15. Notes with great concern that overall implementation in the first four months of 2003 is at a lower level than for the same period in 2002 and that the Commission has advanced the explanation that delays due to new procedures (Financial Regulation) are to blame; 16. Questions whether adequate training and information, which might have allowed this trend to be avoided, has been provided to the Commission services; 17. Is most worried that inadequate information to partner countries in the external programmes, and to Authorising Officers in the external delegations, could have a negative effect on implementation and work against the efficiency gains expected from the reform process and deconcentration; fears that a lack of timely information to partner countries might jeopardise significant amounts of ongoing programmes, especially in connection with Article 77 of the Financial Regulation; 18. Calls on the Commission to take all relevant steps to correct this situation so that the new provisions contribute to better implementation rather than slowing it down; Various headings 19. Notes with grave concern that, on 25 April 2003, the commitments implementation level for headings 3 and 4 is considerably lower than on the same date in 2002; notes with satisfaction that the situation for heading 7 is the opposite;
Agriculture and Fisheries 20. Continues to be critical of the current system of export subsidies for transport of live animals and expresses its dissatisfaction that the Council did not accept the change in nomenclature for the budget lines concerned which would, at least, have made the system more transparent; intends to reintroduce this proposed change in future budgets; 21. Notes that, according to the report from the Commission to the European Parliament and the Council on EAGGF Guarantee section expenditure - early warning system No 4/2003(5), the implementation of appropriations under subheading 1a (market support) was in line with the indicator in April 2003; is pleased that the implementation of subheading 1b (rural development) was EUR 216 million above the indicator; 22. Notes that the Council has not established its position on the financing of the reform of the Common Fisheries Policy and in particular has not yet agreed on financing the scrapping fund under the 2003 budget; expresses its readiness to provide for appropriations for the scrapping of fishing vessels in the context of the global evaluation of the implementation of the budget, ahead of the end-of-year transfer procedures, once the Member States have put forward their requests; Structural Operations 23. Notes with concern that the rate of payment implementation in the first months of the year has deteriorated, standing at 10% (EUR 3,77 billion) as at 30 April 2003 compared to 14% (EUR 4,28 billion) at the same date in 2002; is alarmed at the rise in outstanding commitments to a total figure of EUR 93,9 billion, as at 30 April 2003, which represents an increase of EUR 11 billion compared to the same date in 2002; 24. Urges the Commission to effectively implement Article 31 ("N+2 rule") of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(6) and to abstain from any lenient approach towards the application of that rule; urges the Commission to ensure full application of the rule in addition to detailed and regular information (each quarter) on the risk of decommitment and to include an assessment of its impact; 25. In this connection also asks the Commission to explain how it intends to apply Article 77 of the Financial Regulation and in which respect this differs from the N+2 and the N + 3 rules; 26. Welcomes the simplification process initiated by the Commission at the interministerial meeting of 7 October 2002; urges the Commission to take that process forward within a clear timetable to ensure better implementation; believes that, firstly, more ambitious proposals are indispensable within the current regulation and, secondly, takes the view that preparations to overhaul the rules must be initiated in view of the future regulation, enabling the new Parliament, which is to be elected next year, to start working on that regulation as soon as it has been constituted; calls on the Member States and the Commission to do their utmost in this respect; Internal Policies 27. Notes with great concern that the commitment implementation under heading 3, as at 30 April 2003, has fallen to 10 % (EUR 688,9 million) compared to 24% (EUR 2.403 million) at the same time in 2002; 28. Notes that payment implementation for the first four months is standing at 16% compared to a rate of 15% last year; 29. Underlines that a major cause for this downward trend is the poor implementation, so far, of title B6 (research and technological development), by far the largest section of heading 3, where the implementation rate for commitments (end-April) has fallen from 29% in 2002 to 8% in 2003; 30. Expresses great worry at the downward trend for titles B3-1 (Education and Youth), B3-3 (Information and Communication) and B3-4 (Social Dimension and Employment) where commitment implementation in the first four months has fallen by nearly half compared to 2002; 31. Notes, however, that payment implementation for the same titles is progressing significantly better than last year; 32. Welcomes the information supplied by the Commission on implementation of the budget headings given over to enterprise policy, in particular the launching of certain initiatives called for by Parliament to assist the craft trades, small businesses and microfirms; Pilot Projects and Preparatory Actions 33. Welcomes the fact that pilot projects and preparatory actions will be included in the Implementation Plan for 2003 as agreed in the Joint declaration of 25 November 2002 concerning the implementation profile for the 2003 Budget(7); intends to monitor closely the implementation of these; 34. Is concerned about the implementation rate at the end of April 2003 which, in the majority of cases, was extremely weak; recalls the positive dialogue with the Commission as to the "executability" of projects and that certain modifications were made after first reading to ensure better implementation; 35. Calls on the Commission to:
36. Welcomes the constructive replies from the Commission regarding the pilot projects for SMEs, among others line B5-514 Enlargement Programmes for SMEs; notes with worry, however, that there is a question mark over how coordination and synergies (avoiding duplication) with existing external programmes can be achieved (CARDS, MEDA, PHARE and TACIS) and how to ensure true cross-border visibility; asks the Commission to clarify whether co-financing from these external programmes is only a problem of internal management or whether it creates legal/budgetary problems of implementation and, in the latter case, what can be done to ensure a good level of coordination and cross-border visibility; External Policies 37. Is most concerned that implementation in the first four months of 2003, for a significant number of both geographical and sectoral cooperation programmes, is significantly lower than for the same period in 2002; 38. Considers the situation particularly worrying for:
39. Draws attention to the problem of the legal status for CFSP operations also in relation with budgetary implementation; considers it unacceptable that calls for tender and contracts, involving EU budgetary funds, are being issued with individual Heads of Mission as the CFSP party; asks the Commission to investigate whether a special provision needs to be inserted into the Financial Regulation to solve this problem; 40. Welcomes the rapid agreement on the mobilisation of EUR 79 million from the Emergency Aid Reserve as the main element of the Community's EUR 100 million aid package for Iraq; still underlines that the situation in Iraq and the possible consequences for the 2003 budget constitute elements of uncertainty that, in any case, should not be addressed at the expense of existing policies in heading 4; 41. Recalls its position that the budgetary authority should take action, using the most appropriate means available under the Interinstitutional Agreement, to reinforce the budget lines on food aid and humanitarian aid if this is deemed necessary following an assessment and a proposal from the Commission; points out that this would be done in light of the reduction made on these lines as part of the final package on heading 4 agreed at the Conciliation meeting of 25 November 2002; 42. Criticises the fact that the Commission had to cancel an amount of EUR 6,48 million of appropriations, that had been carried over from 2002, because the implementation deadline of 31 March was missed; is particularly disappointed that this deadline was missed by one single day for a number of projects, including EUR 2,7 million for uprooted people in Colombia; invites the Committee on Budgetary Control to examine how the Commission managed the carry-overs and why the deadline was missed on a number of occasions; 43. Welcomes the fact that commitment implementation for chapter B7-54 (Western Balkans) has improved over the first four months of the year compared to 2002 (22% compared to 6%) but is equally worried that payment implementation is falling behind (8% compared to 19%); 44. Takes note of the second annual report on the Stabilisation and Association Process for South-East Europe (COM(2003) 139) and is extremely worried at the assessment that the pace of reform is slow and that the internal capacity of the countries to take the lead in the reform process and in "ownership" of programmes is limited; underlines therefore the importance of capacity building and the strengthening of Institutions as part of the CARDS programme; 45. Takes the view, in light of the current situation, that a certain level of conditionality should be maintained in order to link the disbursement of EU funds with sufficient progress and genuine involvement by the Balkan countries themselves; 46. Asks the Commission to initiate a reflection/debate on the budgetary aspects of the post-CARDS situation in the Balkans, considering the fact that a "down-scaling" of CARDS has already begun and that other forms of support, including association processes with the EU, will be forthcoming; 47. Welcomes the Commission's intention to replace its current direct budgetary assistance programme to the Palestinian Authority by more targeted support to the private sector and social services, as well as support for specific projects; asks its Working Group on Direct Budgetary Assistance to Palestine to look further into this new strategy and evaluate the consequences for the 2003 budget; Administration 48. Is satisfied that the front-loading operation in the 2003 budget procedure, between and within the Institutions, safeguarded preparations for enlargement; considers however that front-loading of administrative expenditure should be used only when no other options are available and if it does not lead to an excessive administrative and procedural burden or to legal problems as regards the annuality principle. 49. Welcomes the fact that, thanks to the front-loading operation, there is a sufficient margin under heading 5 in 2003 instead of a deficit of EUR 66 million as was the case when the PDB 2003 was presented; 50. Considers that the optimal use of appropriations should not be hindered by excessive rigidity of the budgetary system, or by administrative problems between Institutions, and still considers that proposals to lessen the rigidity of the budget are necessary; considers that, as a result of the inflexibility of the current system, it may be necessary to use front-loading operations also in the future; o 51. Instructs its President to forward this resolution to the Council and Commission.
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| Trafficking in children and child soldiers |
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The European Parliament, – having regard to the UN Convention on the Rights of the Child, which was adopted in 1989, entered into force in 1990, and has been ratified by all the Member States and accession countries, – having regard to the Council conclusions of 10 December 2002, endorsing the report of the Council Working Group on Human Rights (COHOM) on "Implementation of the follow-up to the General Affairs Council conclusions of 25 June 2001", – having regard to UN Security Council Resolutions 1379 of 20 November 2001 and 1460 of 30 January 2003 on children and armed conflict, – having regard to the new international standards and instruments enhancing child protection, such as the Convention on the Rights of the Child and its protocols, the Ottawa Treaty banning anti-personnel mines, the Rome Statute of the International Criminal Court and ILO Convention 182 on the prohibition and immediate action for the elimination of the worst forms of child labour, – having regard to the UN Millennium Declaration (2000) and the Millennium Development Goals, subscribed to by all UN Member States, – having regard to the World Education Forum in Dakar and its outcome document, Education for All: Meeting our Collective Commitments (2000), – having regard to its previous resolutions on children's rights and on child soldiers, and in particular those of 17 December 1998 on child soldiers(1), 28 January 1999 on the protection of families and children(2), 18 November 1999 on the tenth anniversary of the UN Convention on the Rights of the Child(3), 6 July 2000 on child soldiers in Uganda(4), 17 May 2001 on child trafficking in Africa(5), 6 September 2001 on the Special Session on Children of the UN General Assembly(6) and 11 April 2002 on the EU position in the Special Session on Children of the UN General Assembly(7), – having regard to the resolutions of the EU-ACP Joint Parliamentary Assembly of 1 April 1999(8) and 23 March 2000(9) on child soldiers and of 21 March 2002(10) on health issues, A. whereas the scale of trafficking in children and the enrolment of children in fighting units is on the increase; whereas certain categories of children are particularly vulnerable, in particular children not attending school, young girls, ethnic minorities, street children and children orphaned by Aids, B. whereas, at international level, the number of children who are victims of trafficking each year is put at more than 1.2 million, a figure ten times higher than the numbers involved when the slave trade with the United States was at its peak, C. whereas there is a link between poverty and the emergence of trafficking in children; whereas the focus must be on combating poverty if trafficking in children is to be eliminated, D. whereas this scourge takes on its most tragic proportions in West Africa where, according to UNICEF, 200 000 children are trafficked each year, E. whereas the term trafficking in children covers the recruitment, transport, displacement, housing or reception of a child with a view to its sexual exploitation, the exploitation of its labour, forced labour or slavery, F. whereas more than 300 000 children aged under 18, both boys and girls, are currently enrolled in units fighting on behalf of government forces and/or the armed opposition in more than 30 countries, including northern Uganda, Liberia, the Democratic Republic of the Congo, Burundi, Angola, Iraq, Afghanistan and Chechnya, G. whereas this issue has been the focus of international concern, marked, in particular, by the Special Session on Children of the UN General Assembly and its outcome document, "A World Fit for Children" (10 May 2002), the entry into force on 18 January 2002 of the optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and the entry into force on 12 February 2002 of the optional protocol to the Convention on the Rights of the Child on children in armed conflict, H. whereas some of the worst abuses of child soldiers exist in the Great Lakes region, with more than 20 000 children having been abducted and forced into battle by the Lord's Resistance Army in northern Uganda and an estimated 17 000 children fighting in the Ituri region in eastern Congo, I. whereas the "Libreville Declaration", adopted in 2002 by 21 African countries, demonstrates that the states worst affected by trafficking are aware of the problem, and are determined to combat it together, J. whereas European Union measures in this area are completely inadequate, and no longer have budgetary priority, as shown by the decreasing number of projects funded (10 in 1999 and two in 2002), 1. Calls on all the Member States to sign, ratify and immediately implement the international legal instruments which guarantee protection of children's rights, such as the United Nations Convention on the Rights of the Child and its protocols, the Ottawa Treaty banning anti-personnel mines, the Statutes of the International Criminal Court, ILO Convention 182 and the additional protocol to the United Nations Convention on international organised crime which seeks to prevent, repress and punish trafficking in persons, in particular women and children; 2. Calls on the Commission and the Council to work to secure the universal ratification of these instruments - and the implementation of the UN Convention of the Rights of the Child - in the context of their political dialogue with third countries, in particular the ACP countries under the Cotonou Agreement; calls for the situation of children to form an express part of the political agreement, in the same way as the development of democratic institutions, in all partnership agreements to be negotiated by the European Union; 3. Calls on the Commission to draw up a strategy for combating poverty in order to combat trafficking in children; 4. Emphasises that the fight against trafficking in children and the use of child soldiers must be a political priority for the European Union, a priority which must be reflected in budgetary decisions involving the allocation of sufficient resources to a specific heading to be created with a view to improving the effectiveness and raising the profile of Union action in this area, and in measures under the EDF, in particular its regional funding programmes; 5. Calls on the Commission and the Council to implement their commitment to integrate children's rights into development cooperation instruments by adopting a twin-track approach involving both mainstreaming and measures which specifically target children's rights; to issue strategic implementation guidelines without delay; and to inform Parliament about the progress made in this area; 6. Calls on the Commission to ensure that all EU legislation and policies are fully consistent with the Convention on the Rights of the Child and urges that all relevant proposals for EU directives, policies and programmes should undergo a child impact analysis in order to assess their implications for children; 7. Calls on the European Union and its Member States to tailor their development aid towards the provision of high-quality basic education accessible to all children free of charge; calls for a programme highlighting the risks of trafficking and violence against children to be organised in schools and local communities with the support of the European Union; 8. Calls on the Commission and Council to implement a wide-ranging partnership with international and regional organisations, including the African Union, with a view to combating effectively trafficking in children, child slavery and the enrolment of children in fighting units; 9. Urges that, on the basis of this partnership, consideration should be given to establishing free population registers in all the countries concerned with a view to protecting children against the risk of being sold, trafficked or recruited by force onto the labour market or into the armed forces, facilitating their access to medical care, welfare services and schooling and fostering transparency and democracy, in particular when elections are called; 10. Welcomes the move made by the countries of West Africa to step up and coordinate their efforts under the "Libreville Declaration" and urges them, in keeping with the spirit of that declaration, to implement close regional cooperation with a view to drawing up a regional agreement against trafficking which must incorporate a regional protocol providing for the return, repatriation and reintegration into society of children who have been victims of trafficking, on the basis of cooperation with the countries of "origin", "destination" and "transit", local NGOs and multilateral organisations, such as UNICEF and the ILO; 11. Reiterates the importance it attaches to the EU paying closer attention to the issue of the education and schooling of children, the most effective means of combating trafficking in children and their enrolment in armed forces, and, with that aim in view, urges that greater attention should be paid to educational and training opportunities for the most vulnerable groups, i.e. young girls and orphans or children affected by Aids; calls for a specific chapter dealing with the situation of children to be included in agreements concluded with third countries on generalised systems of preference (GSP) so that an assessment can be made of whether those agreements are respected; 12. Calls on the Commission to draw up a common EU policy on trafficking in children, focusing on legal frameworks and the implementation of legislation, preventive measures, enforcement of criminal law and punishment of the perpetrators, as well as protection and support for the victims; 13. Calls on the Commission and the Council each to appoint a high-level representative for children's rights in order to ensure overall coordination, monitoring of results and a specific focus on children's rights, and to incorporate a stronger child dimension into all EU policy areas; suggests to the governments of African countries that they too might create such a high-level post; 14. Calls on the European Union and its Member States to take measures to protect the victims of trafficking, in particular by issuing short-stay visas, and to provide victims with all the assistance they require; 15. Calls on the Commission to consider the scope for simplifying the procedures by means of which local NGOs involved in development and the defence of human rights can apply for European subsidies within a framework of transparency and accountability; 16. Calls on the Commission and the Council to fully implement the "Brussels Declaration on Preventing and Combating Trafficking in Human Beings", approved by the Council on 8 May 2003, as part of their efforts to develop a comprehensive European policy on trafficking in human beings; welcomes the Commission's current moves to set up an EU Experts Group on Trafficking in Human Beings and urges that it should be focused and efficient in developing solutions to all aspects of this criminal activity; 17. Reiterates its call for international arrest warrants to be issued against the organisers of and participants in the networks specialising in child trafficking; 18. Calls for increased cooperation on the subject of trafficking in children between its own committees with a view to assessing all aspects of this phenomenon and putting forward practical recommendations as to how it can be combated effectively; 19. Calls on the Commission to draw up or support prevention programmes, involving, in particular, information campaigns aimed at community or religious leaders and all those working for and with children, and children themselves; 20. Calls on the Commission to support and promote activities and aid programmes developed and implemented by NGOs working with child soldiers to provide psychiatric and physical care and facilitate the social and educational reintegration of former child soldiers; 21. Calls on the Council to begin drafting forthwith the common strategy on children in armed conflicts, which was adopted in principle by the Council on 10 December 2002, and to consult it formally when preparing that joint strategy and to report to it regularly on the progress achieved; 22. Strongly condemns governments and armed opposition forces which continue to recruit child soldiers or which provide weapons and military aid to rebel movements that recruit child soldiers, in particular in the Great Lakes region, and calls on the Commission, the Council and the Member States to consider the recruitment and use of child soldiers as serious violations of the essential elements of the Cotonou Agreement; 23. Calls on the Commission delegations, as part of the decentralisation process, to devote a specific chapter to issues relating to children's rights in the strategy documents they draw up for each country; 24. Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States and the various United Nations bodies concerned.
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| Chechnya |
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The European Parliament, – having regard to the findings of its ad hoc delegation to Chechnya of 15 to 17 June 2003, – having regard to its previous resolutions on Russia, – having regard to the Partnership and Cooperation Agreement between the EU and Russia which entered into force on 1 December 1997, – having regard to the Common Strategy of the EU on Russia dating from June 1999 and valid for a period of four years, – having regard to its resolutions of 10 April 2002(1) and 16 January 2003(2) on Chechnya, – having regard to its resolution of 21 November 2002 on the outcome of the EU-Russia summit of 11 November 2002(3), – having regard to the Commission Communication to the Council and Parliament entitled "Wider Europe – Neighbourhood: a new framework for relations with our eastern and southern neighbours" (COM(2003) 104), – having regard to the sixth meeting of the Cooperation Council between the EU and Russia on 15 April 2003, – having regard to the 2003 tercentenary celebrations in St Petersburg and the EU's representation, A. whereas the Chechen Republic has been experiencing, for more than a decade, a situation of armed conflict, insecurity and instability in all spheres of life, B. whereas a referendum took place in the Chechen Republic on 23 March 2003, which should be regarded as a step towards stabilising the situation but which was flawed by widespread irregularities and did not help to bring peace to Chechnyan society, C. whereas the people of Chechnya, regardless of their ethnic background, are suffering the daily consequences of this conflict, D. whereas, as in all armed conflict, the vulnerable sections of the population are those who suffer most and who will bear the long-term repercussions, E. whereas living conditions in Chechnya and in particular in Grozny are disastrous, the water supply, sewage system and electricity grid are severely damaged, the employment situation is apparently shattered and security standards are obviously very low, F. highly concerned at the plight of the more than 110 000 Chechen refugees sheltered in the camps in the bordering republics, G. whereas humanitarian organisations are being hindered in their work by lack of access to Chechnya and lack of support from the Russian side, particularly in the form of permission to import necessary technical and security equipment, H. whereas the European Union and other international donors have repeatedly offered their assistance to alleviate the humanitarian situation, I. whereas the OSCE mission's original 1995 mandates in Chechnya covered alleged human rights violations, relief aid, help for refugees, conflict resolution and supporting mechanisms for maintaining law and order, J. stressing that a genuine EU-Russia partnership must be based on the sharing of common values and that the present appalling human rights situation in Chechnya is an obstacle to its full development, 1. Endorses the conclusions of its ad hoc delegation to Chechnya; 2. Welcomes the Russian Duma's invitation to the ad hoc delegation to Chechnya and thanks the Russian authorities for organising the visit; welcomes this as a sign of openness; 3. Is convinced that the EU should not neglect this remote area of the continent as the values the EU cherishes are at stake there as well; 4. Is of the opinion that there are several causes for this war: the struggle for independence, a deterioration in the rule of law leading to mounting crime, the emergence of a "failed state", obscure economic activities, terrorism and violent repression; 5. Notes that all political, diplomatic, security and civilian means should be applied in order to regain the confidence of the population, and that there cannot be a military solution to the conflict; 6. Notes that for some months the Government of the Russian Federation has been shifting towards a political solution, and invites both sides to make full use of this opportunity, in particular in the run-up to the December 2003 and March 2004 elections; calls upon all parties to work towards a ceasefire; 7. Welcomes in this context the start of the work on an autonomy agreement between Chechen officials and Russian government representatives on 30 June, giving Chechnya a maximum of autonomy while remaining a full part of the Russian Federation; 8. Calls on the Russian Government to reform the "rules of engagement" on the spot, taking into account the necessity to improve the relationship with Chechen citizens; 9. Calls upon the Russian Federation to involve as many Chechen leaders as possible in a peace process which might lead to the establishment of an autonomous republic, as part of the Russian Federation, where the rule of law is respected; 10. Notes the absence of full reconciliation and physical reconstruction after the first Chechen war, which caused hostilities between Chechens and Russians and provided the ideal ground for a wide range of criminal activities; urges the Russian central government, therefore, to continue and intensify its efforts to reconstruct Grozny and other parts of Chechnya in order to provide the basic requirements for political and social reconciliation; points out that, during its visit, it was able to witness the first signs of reconstruction in Grozny; 11. Calls on the Commission and the Council to offer their services as intermediaries and to support any other diplomatic activity with a view to putting an end to the violence; 12. Condemns all terrorist attacks in Chechnya and considers that the total eradication of terrorism in the province is also part of the international fight against terrorism; 13. Reiterates its concern at, and firm condemnation of, the persistent and recurring mass violations of humanitarian law and human rights committed against the civilian population by Russian forces, which constitute war crimes and crimes against humanity that must be investigated and prosecuted, as well as the attacks, the violations and the kidnappings of paramilitary and guerrilla groups; 14. Urges the Russian Federation to agree to the renewal of the full OSCE mandate, which should not be restricted to focusing on coordinating humanitarian assistance in the region but should also include all former tasks of the OSCE missions; 15. Calls on the Russian Government to facilitate access to the region for international humanitarian organisations such as ECHO and UNICEF, the personnel of the Council of Europe, the OSCE, the UN, NGOs and, in particular, humanitarian health organisations, providing security and giving permission for the import of necessary technical and security equipment; 16. Calls on the Russian authorities to step up their efforts to find and free Arjan Erkel, the head of the MSF mission in Dagestan, who was abducted in August 2002; 17. Stresses that the return of internally displaced people should be an objective, but that this return must be voluntary and based on a real improvement in living conditions in Chechnya, in particular as regards security; 18. Recalls that the reconstruction of Chechnya is conditional on achieving long-lasting peace in the region and starting full reconciliation; states that, while the primary responsibility lies with Russia, the EU is ready to assist the Russian Government and the Chechen authorities in this process; 19. Welcomes the decision by the Commission to commit further funds to humanitarian aid for Chechen refugees; 20. Regards the referendum as a first step towards normalisation in the region, but calls for an ongoing political process involving all parts of Chechen society, with a view to holding truly democratic and fully representative elections by the end of the year; 21. Calls on the Commission to prepare as of now a possible programme of rehabilitation in Chechnya, including in particular educational programmes such as professional training and support for higher education, which will be needed urgently for the rehabilitation of an entire generation of young people deeply endangered by the decade of armed conflict; 22. Invites the Council to put in place long-term election monitoring in order to support the preparation of free and fair elections; 23. Calls on the Council and the Member States to raise the issue of Chechnya at their meetings with the Russian Federation in order to make sure that this area does not escape international attention and care; 24. Calls on the Council and the Member States to remind the Russian leadership of the universal values to which Russia has subscribed as a member of the Council of Europe and the UN; calls on the Council, the Member States and the Russian Federation to refrain from seeking to avoid mutual criticism at this level; 25. Calls on the Council to prepare, in cooperation with the European Parliament, a conference on Chechnya to which the Russian authorities, representatives of all parts of Chechen society, the OSCE and the Council of Europe will be invited; 26. Reiterates its call on the Council to appoint a special envoy for the Caucasus in order to enhance the profile of the EU in the region and contribute more effectively to the solution of the ongoing problems; 27. Instructs its President to forward this resolution to the Council, the Commission and the government and parliament of Russia.
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| Preparation for the WTO Ministerial Conference |
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The European Parliament, – having regard to its resolution of 18 November 1999 on the communication from the Commission to the Council and the European Parliament on the EU approach to the WTO Millennium Round(1), its resolution of 15 December 1999 on the Third Ministerial Conference of the World Trade Organisation in Seattle(2) and its resolution of 13 March 2001 containing the European Parliament's recommendations to the Commission on the WTO Built-in Agenda negotiations(3), – having regard to the results of the 4th WTO Ministerial Conference Declaration adopted on 14 November 2001 in Doha, and to its resolution of 25 October 2001 on the Fourth WTO Ministerial Conference(4), – having regard to its resolution of 12 March 2003 on the General Agreement on Trade in Services (GATS) within the WTO, including cultural diversity(5), its resolution of 12 February 2003 on the WTO agricultural trade negotiations(6), its resolution of 4 July 2002 on the Commission Communication entitled "Promoting core labour standards and imposing social governance in the context of globalisation"(7) and its resolution of 25 October 2001 on openness and democracy in international trade(8), 1. Underlines that the successful outcome of the Doha Development Round negotiations remains an important factor in bolstering economic growth worldwide and strengthening multilateralism and global governance; reiterates its commitment to the objective of reforming the world trade system in the interests of fairness, democracy, sustainable development and the fight against poverty; endorses the general negotiating approach as laid down in the Council mandate for the 3rd WTO Ministerial Conference in Seattle, and calls on all WTO members to take the necessary substantive decisions in Cancun to conclude the Single Undertaking within the agreed deadlines; 2. Calls on the Commission, therefore, to help ensure that the negotiations prior to, and in, Cancun are inclusive, transparent and conducted with the highest level of fairness and respect for all parties; Development 3. Believes that the Doha Development Round represents a supreme test of the WTO's capacity to correct the imbalances in the world trade system, ensure a fairer distribution of the gains from trade and support sustainable development; to that end, considers that it is essential that the industrialised countries make very substantial offers to developing countries as regards eliminating gradually all export subsidies for agricultural products, in the areas of industrial and agricultural market access and implementation issues, including ambitious, effective, special and differential treatment, providing effective preferences to the most vulnerable developing countries and giving them the opportunity to protect their domestic markets and ensure the security of their food supplies until they have attained a satisfactory level of development; 4. Recalls that the WTO negotiations are to be conducted with a view to promoting the economic growth of all trading partners and the development of the developing and least developed countries, and that the WTO negotiations should be measured against that overriding goal; 5. Remains concerned that many developing countries have not shared fully in the benefits derived from the previous round, and are often unable to muster the necessary resources to participate fully in the WTO negotiations and to defend their own rights within the WTO; 6. Supports, in the light of its commitment to the Doha Development Agenda, the call of the African countries for a balanced and fair outcome to the negotiations, which should also include appropriate measures towards the application of the principles of free and fair trade to primary products in particular; 7. Believes that the European Union should ally itself more closely with the developing countries and defend their right to non-reciprocal relations with it under regional agreements such as the ACP-EU partnership agreement, which is essential for the development of these countries; 8. Stresses the need to reinforce capacity building by means of appropriate technical assistance designed not only to improve knowledge of the rules in force in the recipient countries but also, above all, to help them develop their commercial and exporting capacity and to diversify their production bases as well as to replace customs resources by other fiscal resources; 9. Emphasises that a solution to the access to medicines issue which does not limit WTO members to protecting their own public health must be found as a matter of urgency; recalls that imposing new constraints by limiting either the categories of public health problems or the categories of country to which the compulsory import licence mechanism applies, or, similarly, any move to quantify and arbitrate on the adequacy of local manufacturing capacity would violate the spirit of that declaration; stresses that all necessary measures should be taken to prevent the export of cheap medicines back to Europe; 10. Recalls its condemnation of the blocking by the United States of the text of an agreement on TRIPS and medicines which was accepted by all other WTO members and is in line with their commitments made at Doha; opposes the recent US moves to pressurise certain developing countries into renouncing their rights to import generic medicines; Market access for agricultural products 11. Believes it necessary to reduce substantially, with a view to their elimination, export subsidies and domestic support by all WTO members, with the exception of domestic support linked to non&nbhy;trade concerns; in view of the reform of the Common Agricultural Policy, calls on all industrialised countries, especially the United States, to match the EU's commitments; 12. Calls for enhanced recognition of non-trade aspects of agricultural policy by strengthening non-trade-distorting agricultural support measures through the "green box", to ensure that well-targeted and transparent support measures to promote environmental and rural development, employment and animal welfare goals are exempted from reduction commitments; also calls for a clarification of the green, blue and amber box classifications; 13. Underlines that a successful conclusion of the negotiations on market access for agricultural products is one of the most important parts of the Single Undertaking; urges all major players, including the USA and the Cairns Group, to show greater flexibility; believes that all industrialised countries must accept substantial and early reductions in agricultural tariffs and quantitative restrictions on agricultural imports from developing and least developed countries, and allow developing and least developed countries the flexibility they need, in respect of market access and domestic support commitments, in the interest of their subsistence farming sector and their development and food security requirements; welcomes the proposal to introduce a so-called food security box; 14. Expresses its concern at the collapse in the prices of products that are vital to development, such as coffee; believes that the EU must defend the right to establish guaranteed-price mechanisms for products that are vital to development; 15. Considers that the EU and all developed countries should make further efforts to improve the income of the poorest developing countries through assistance with diversifying production and increasing the export of locally processed high-value products to their markets; Precautionary principle 16. Emphasises the need to clarify, within GATT, the meaning of "precautionary principle", in order to avoid misunderstandings or differences in interpretation; recommends the formula agreed at the Conference on the Environment and Development in Rio and calls for the recognition of this definition within the WTO; considers that there should be no increased scope for protectionist measures, but greater clarity about what is, and what is not, WTO-compatible; Industrial market access 17. Stresses the need for agreements on market access arrangements for industrial goods which reflect the high level of ambition of the Doha mandate; considers that tariff peaks, high tariffs and tariff escalation should be reduced or eliminated and that tariff cuts should affect all sectors without sheltering specific sectors; asks the WTO members to respect the non-reciprocity principle agreed in Doha; 18. Underlines that industry continues to face pervasive behind-the-border trade obstacles, thus frustrating enhanced market access; calls for a clear distinction between legitimate regulatory measures and the use of measures to establish unjustified barriers to trade; suggests a WTO register for all WTO members" import regulations and an obligation to notify modifications to the WTO in order to facilitate exports by small and medium-sized enterprises; 19. Recalls that the EU has already substantially reduced its tariffs for textiles and clothing; calls on all WTO members to improve the conditions of market access for this sector by means of tariff harmonisation and the elimination of all non-tariff barriers; calls on the Commission to develop measures and commit resources to help the least developed countries take advantage of trade preferences; TRIPS 20. Underlines, within TRIPs, the importance of implementing, within the agreed timetable, rules concerning trademarks for producers and consumers, requests the reinforcement of these rules and that special attention be devoted to the issue of designs and models and to the question of the international exhaustion of trade marks, as well as action against counterfeiting and piracy; 21. Believes that the application of geographical indications to protect quality foodstuffs from the regions of the EU will contribute greatly to rural development, and urges the Commission to continue to press hard for the establishment of a system of notification and registration of such products in addition to that for wines and spirits; 22. Notes that the latter proposal, in particular, enjoys strong support from developing countries which see names traditionally associated with their products being pirated by western producers; welcomes also the lead taken by the EU in setting out useful proposals for clarifying the relationship of TRIPs with the Convention on Biodiversity, traditional knowledge and folklore, and for strengthening farmers" rights, and regrets that discussions on all these issues seem to be deadlocked; 23. Regrets that there is little sign of steps towards a wider review of the impact of TRIPs on developing countries, which should be the principal focus of the ongoing Article 71.1 review of the implementation of TRIPs; insists that at Cancun this wider issue must be given a more central role in the DDA, if the latter is to be genuinely a development round; Singapore issues 24. Recognising the economic interest for EU operators, as well as the potential development benefits, of multilateral agreements in areas such as competition, investment, trade facilitation and government procurement, supports the formal launch of negotiations on the so-called Singapore issues, based only on the explicit consent of all WTO members; 25. Considers, however, that for these benefits to materialise, the legitimate concerns of developing countries regarding the complexity and scope of negotiations in these areas need to be urgently addressed; takes the view that this should include reassurances that developing countries will be able to impose reasonable restrictions and qualifications where their national economic interest is clearly at stake; believes that substantial technical assistance must also be guaranteed to allow developing country negotiators to participate fully and effectively in these negotiations; Rules 26. Underlines that a satisfactory result on trade defence instruments is a precondition for the successful termination of the round and expects a more rules-based approach as much from industrialised countries as from developing countries; considers that procedural rules, rules on transparency and rules on circumvention should be improved and that a swifter mechanism for the initiation of panels should be established; 27. Calls for enhanced transparency with regard to general subsidies by enforcing the notification obligation and the inclusion of disciplines such as disguised R&D subsidies, state-controlled entities and local content subsidies; 28. With regard to fisheries subsidies, stresses the importance of restoring sustainable fisheries; takes the view that subsidies to alleviate the social consequences of capacity reductions or help to reduce capacities should therefore be allowed; believes that subsidies which encourage production or capacity should be prohibited; Environment 29. Takes the view that this should end with, inter alia, the inclusion of provisions aimed at safeguarding environmental sustainability: full incorporation of the precautionary principle into WTO rules; the insulation of Multilateral Environment Agreements (MEAs) from unwarranted challenges within the WTO; a closer relationship between the WTO and international environmental bodies, notably UNEP; the strengthening of the MEAs and their own dispute settlement mechanisms; and further reflection on the way WTO rules apply to process and production methods (PPMs), as well as the way in which the burden of proof on environment and public safety matters falls upon importing countries; 30. Believes that WTO rules and decisions must support and not interfere with the objectives and effectiveness of the MEAs; considers the scope of the negotiations under paragraph 31(i) of the Doha Ministerial Declaration too narrow and tightly prescribed; would therefore support an independent initiative to discuss the WTO-MEAs relationship; GATS 31. While noting that negotiations on the initial offers under the GATS negotiations are ongoing and not intended to be the subject of decisions in Cancun, calls nonetheless for substantive agreement to initiate the full assessment of trade in services, which is provided for in Article XIX of the GATS but not yet activated; 32. Reaffirms the principles set out in its abovementioned resolution of 12 March 2003; welcomes the fact that no EU offers are proposed in the health, education and audio-visual sectors, and calls on the Commission to maintain this position throughout the GATS negotiations and to ensure that no circumvention of this right can take place; stresses, however, that this should not be used as precedent to exclude additional sectors from GATS; Core labour standards 33. Recalls the reaffirmation in Doha of the commitment by Ministers in Singapore on labour rights; believes, however, that further progress is essential; calls therefore on the Cancun Conference to demonstrate the WTO members" commitment to core labour standards and to agree on the inclusion of core labour standards in WTO trade policy reviews; 34. Calls on the Commission, in and after Cancun, to continue its efforts to ensure that the trade system is supportive of core labour standards, in particular by pressing for the following steps to be taken:
Dispute settlement understanding 35. Suggests that a permanent panel body be established; that recourse to compensatory measures, in the event of non-compliance with Dispute Settlement Body rulings, should be facilitated, that transparency and openness should be enhanced, without jeopardising the necessary confidentiality, and that access to the dispute settlement system should become cheaper and easier for developing countries; Democracy and global governance 36. Further believes that public confidence depends upon the capacity of the WTO to demonstrate that the trade system serves, rather than subordinates, our citizens" aspirations to environmental and social progress, human rights, food safety, good public services, core labour standards and a wide range of non-trade public goods; 37. Believes that such issues can only be adequately addressed through a wider reform of global governance, establishing a more balanced and better-articulated relationship between the WTO and other international organisations such as the World Bank, IMF ILO and MEA secretariats; calls on the Commission to insist in Cancun that the issues of democracy, transparency and openness be put firmly back on the WTO's negotiating agenda; 38. Calls on the Ministerial Conference to enhance the democratic accountability and openness of the WTO, both at the level of WTO members and through the creation of a WTO Parliamentary Assembly; 39. Reiterates its call for a consultative WTO Parliamentary Assembly composed of representatives of the WTO members" parliaments and competent for trade; calls on the parliamentarians who are going to meet at the 5th Ministerial Conference to continue the work started at Seattle and continued ever since by joint efforts of WTO members" parliaments; 40. Calls on WTO members and the WTO to provide sufficient support to their parliamentarians to take part in the development of the parliamentary dimension of the WTO; urges the Commission and the Member States to press for this proposal's inclusion in the Ministerial Declaration; Internal institutional aspects 41. Calls on the Commission to keep it fully informed, before and during the Ministerial Conference in Cancun and throughout the negotiations, and to discuss with it regularly, on the basis of the resolutions adopted by Parliament, the essential elements of the EU's negotiating strategy; recalls the right secured at the close of the Uruguay Round to subject the conclusion of the results of the New Round to a vote of assent; 42. In this context, welcomes the fact that the draft Constitution produced by the European Convention grants the European Parliament the power of assent on all international trade agreements, while regretting that it does not propose a formal parliamentary role in the opening of negotiations; calls on the IGC to confirm the power of assent and to include in the Constitution a requirement that Parliament be involved in defining negotiating mandates for international trade agreements; o 43. Instructs its President to forward this resolution to the Council, Commission, the governments and parliaments of the Member States and the Director-General of the WTO.
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| ECB 2002 annual report |
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The European Parliament, – having regard to the 2002 Annual Report of the European Central Bank (I5-0012/2003 – C5&nbhy;0238/2003), – having regard to Article 113 of the Treaty, – having regard to Article 15 of the Statute of the European System of Central Banks and of the European Central Bank, – having regard to its resolution of 2 April 1998 on democratic accountability in the third stage of EMU(1), – having regard to its resolution of 3 July 2002 on the 2001 Annual Report of the European Central Bank(2), – having regard to its resolution of 12 March 2003 on the state of the European economy - preparatory report with a view to the Commission recommendation on the broad economic policy guidelines(3), – having regard to its position of 13 March 2003 on the recommendation of the European Central Bank on the proposal for a Council decision on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank (6163/2003 - C5-0038/2003 - 2003/0803(CNS))(4), – having regard to its resolution of 15 May 2003 on the Commission recommendation on the Broad Guidelines of the Economic Policies of the Member States and the Community (for the 2003-2005 period)(5), – having regard to the report by the Court of Auditors of 12 September 2002 on the audit of the operational efficiency of the management of the European Central Bank for the financial year 2001, together with the European Central Bank's replies(6), – having regard to the Annual Report on the activities of the Anti-Fraud Committee of the European Central Bank, covering the period March 2002 to January 2003(7), – having regard to the European Commission's 2003 Spring economic forecasts, – having regard to Rules 40 and 47(1) of its Rules of Procedure, – having regard to the report of the Committee on Economic and Monetary Affairs (A5&nbhy;0237/2003), A. whereas the role of the European Central Bank (ECB) and of the European System of Central Banks (ESCB), according to the Treaties, is to maintain price stability, without harming the general economic policies of the European Union (EU), B. whereas 2002 was characterised by a volatile economic and political global environment, with the spectre of world-wide recession looming on the horizon, C. whereas 2002 saw the physical introduction in the euro zone of euro coins and banknotes, the latter being under the responsibility of the ECB; whereas the effect of the changeover on average inflation was estimated to be 0.2%, D. whereas the decision to enlarge the EU to include ten new countries will pose important challenges for EMU and the structure and functioning of the ECB, which will have to be addressed in the new Constitutional Treaty, E. whereas the key economic indicators for the euro zone in 2002 were: 2.2% average inflation (2.4% in 2001), the ECB's target being 2%; 7% average growth rate of M3 (5.5% in 2001), the ECB's reference value being 4.5%; 0.8% real GDP growth (1.4% in 2001); 2.2% of GDP average budget deficit (1.6% in 2001); 6.5% appreciation of the euro's nominal effective exchange rate, F. whereas Article 10 of the Protocol on the Statute of the European System of Central Banks and the European Central Bank requires the Governing Council to vote and to act by a simple majority, G. whereas 2002 saw: strong monetary growth producing excessive liquidity; high volatility in financial markets; lower average inflation due to the euro's strength but persistence of stark inflation differences between Member States, with some retaining high inflation levels; moderate growth of credit and strong real wage growth; whereas the ECB cut its main refinancing rate by 0.5% in late 2002 and by 0.25% and 0.5% in 2003, resulting in the current rate of 2%, H. whereas the latest Spring forecasts of the Commission estimate that inflation will reach 2.1% in 2003 and 1.7% in 2004, and that real GDP growth will be 1% for 2003 and 2.3% for 2004, Assessment of key developments in 2002 1. Congratulates the ECB once again on a successful introduction of euro banknotes and coins but regrets some associated inflationary effects, especially in the service sector, and calls for an investigation into any malpractices and into ways of preventing similar problems for future euro zone members; considers, however, that the physical existence of euro notes and coins will help keep prices low in the medium term; notes with satisfaction that the changeover has reduced banknote forgery, but expresses its concern regarding recent cases of forged 200 euro notes; expresses its doubts about the issue of the 500 euro note and the link to money laundering; calls for a working party on the use of the euro, set up by the Commission and the ECB, to address the need for a 1 euro note; believes that Member States should remain free to decide whether or not to distribute 1 euro cent coins, which consumers and retailers in some areas seem to agree are a nuisance; 2. Believes the ECB has reacted correctly to economic and financial developments, but should be alert to the speed with which markets respond to and discount its monetary policy decisions; 3. Deplores the breaches of the Stability and Growth Pact (SGP) by some Member States in 2002, which threaten to undermine the credibility of the euro area and thus the effectiveness of monetary policy; calls on the Commission to continue to apply the SGP in an intelligent and flexible way; 4. Welcomes the appreciation of the euro against the US dollar during 2002, but points out that further strengthening should not endanger exports; calls on the ECB to produce a comprehensive study on the causes of the increase in the euro's value since 1999, as no credible, scientific explanation has yet been put forward; 5. Emphasises the need to avoid calling into question the independent status of the ECB and the System of European Central Banks; Challenges for 2003 and onwards 6. Calls on the ECB to keep up its vigilant watch over prices in 2003, but in doing so to continue to focus on the significance of an ECB strategy for sustainable growth and higher employment in the euro area; 7. Congratulates the Central Bank on what has been achieved; stresses the importance of price stability for sustainable growth, and recalls the long-term link between money growth and price developments; welcomes the evaluation of its monetary policy strategy in the light of the experience so far acquired and the conclusions drawn; believes that the clarifications will strengthen the appropriateness of the policy strategy for the years to come; 8. Supports the ECB's repeated calls on Member States to speed up the pace of structural reforms, which introduce higher flexibility in goods and labour markets and thereby facilitate non-inflationary growth; calls on the ECB to emphasise in its publications the remaining weak points in this regard; 9. Stresses the need for the ECB to be vigilant regarding geopolitical uncertainties; calls for a feasibility study to evaluate whether invoicing commodities and energy supplies in euros - in order to avoid the double price/exchange rate volatility -, is beneficial to the euro zone, and if so, for measures to be taken to promote this; 10. Asks the ECB to produce more frequent economic forecasts and to adapt its statistical instruments in order to take into account the structural changes that have occurred in the global economy in the past decade; 11. Continues to support the ECB in its vigilance regarding the poor implementation by Member States of the Broad Economic Policy Guidelines and the effects thereof on monetary policy; 12. Welcomes the fact that the first structural macroeconomic model for the euro area, denoted the area-wide model (AWM), has been put to use, and calls for greater openness regarding the use of the model and any developments in its application; 13. Supports the introduction of the euro by the future new Member States but stresses that this will require transition to successful participation in the exchange rate mechanism and strict compliance with the convergence criteria; underlines the importance of central bank independence in the accession countries, the western Balkans, Turkey, Russia and the southern Mediterranean, as these countries are becoming increasingly dependent on ECB monetary policy and the value of the euro; calls on the ECB to include the subject in its annual report; 14. Deplores the recently adopted reform of the ECB's voting system; instead, requests the Commission and any interested Member States to submit to the Intergovermental Conference new proposals reflecting a better balance between equity and efficiency; denounces the total disregard by the Council of Parliament's decision to reject the ECB recommendation; urges the Convention to enlarge the Governing Council from 6 to 9 members and to delegate the day-to-day decision-making, i.e. decisions concerning interest rates, to this enlarged Governing Council, so as to simplify the voting procedures and increase the transparency as well as the predictability of monetary decisions; 15. Urges the Governing Council to take its decisions by vote, as provided for in Article 10 of the Protocol, as this may on occasion accelerate the ECB's response to economic developments, whether inflationary or deflationary, and reiterates its own long-standing view that the ECB should publish summary minutes of each Governing Council meeting; proposes that a such a summary should include the stance of both the approving and dissenting parties, including the balance of votes and the dissenting opinion; 16. Repeats its call for the annual publication not only of a country-by-country but also of a regional and cross-border review of trends similar to the US Federal Reserve's 'beige book', which would give the ECB the chance to influence the discussion of productivity trends and price and wage expectations; 17. Asks the ECB to produce regular official reports on financial stability and to provide its assessment on current or potential serious threats to it; 18. Calls on the ECB to state its position on financial prudential supervision in Europe and the possible creation of a single authority; believes that a dual supervisory arrangement with the appropriate balance between home and host supervision should be set up, with small domestic-based financial institutions being still supervised at the national level and large pan-European entities being directly supervised by the ECB; 19. Supports an enhanced international role and representation of the euro area and its currency in international financial institutions; 20. Deplores the still high costs of cross-border retail payments in euros and asks the ECB to push for full implementation of the regulation thereof; supports the creation of a Single European Payments Area to replace the current 12 different national systems; 21. Considers that the ECB has appropriately and efficiently managed its budget - particularly in light of the challenge of the changeover - and supports the conclusions of the Court of Auditors 2001 audit; 22. Recalls its wish to be more involved in the nomination of ECB Executive Board members, and calls for the capability to confirm their appointment to be included in the new Treaty; moreover, considers that it is important to ensure diversity with regard to these nominations; o 23. Instructs its President to forward this resolution to the Council, the Commission, the President of the European Convention and the ECB.
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| Euro-zone |
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The European Parliament, – having regard to the Communication from the Commission on the euro area in the world economy - developments in the first three years (COM(2002) 332), – having regard to the Communication from the Commission on the euro - the introduction of banknotes and coins one year after(1), – having regard to the motion for a resolution by Ilda Figueiredo on the effects of the introduction of the euro (B5-0640/2002), – having regard to the motion for a resolution by Franz Turchi on the EUR 1 and 2 banknotes (B5-0016/2003), – having regard to the European Central Bank report entitled "Review of the international role of the euro" (December 2002)(2), – having regard to its resolution of 4 July 2001 on means to assist economic actors in switching to the euro(3), – having regard to its resolution of 12 March 2003 on the state of the European economy – preparatory report with a view to the Commission recommendation on broad economic policy guidelines(4), – having regard to the Final report of 21 October 2002 of Working Group VI on Economic Governance of the Convention on the future of Europe(5), – having regard to Rules 47(2) and 163 of the Rules of Procedure, – having regard to the report of the Committee on Economic and Monetary Affairs (A5-0169/2003), A. whereas the creation of the euro is a major success story of European integration leading to greater prosperity and a European identity; whereas the benefits of the single currency clearly outweigh any disadvantages, B. whereas the euro zone's recovery from the economic downturn is slow, and growth prospects remain unclear in a climate of geopolitical uncertainty, C. whereas the credibility of the euro zone is based on a sound institutional framework comprising an independent monetary authority pursuing a policy of price stability and coordination of macro-economic policies by participant Member States; whereas, however, the growing interdependence of the euro zone and the global challenges posed to its economy have highlighted the deficiencies of the current coordination mechanisms, D. whereas the current international representation of the euro zone and its representation in international policy-making institutions is insufficient, given that the euro area is the second largest economic area in the world, E. whereas the euro zone's attractiveness to investors will be significantly boosted by the full implementation of the Financial Services Action Plan and the implementation of the Broad Economic Policy Guidelines by Member States; whereas this effect will be enhanced in the medium term when new Member States join the EU and hopefully introduce the euro, F. whereas public and business confidence in the new currency has been greatly helped on the one hand by the fact that the ECB has largely achieved its stability target and, secondly, by the fact that the physical introduction of euro cash was successfully completed in 2002, G. whereas the euro changeover has been used to bring about a limited increase in the prices of goods and services for everyday use (albeit smaller than that psychologically perceived by consumers), which was compounded at the same time by other factors; whereas there are other complaints by consumers, namely excessive price increases in some basic goods, the issue of euro cent coins and the need for smaller denomination bank notes, The international role of the euro zone 1. Calls for an enhanced representation of the euro zone in international policy-making institutions, given the euro zone's importance in the world, its leading position as development aid donor and the involvement of the EU in international financial and economic initiatives; 2. Calls for the designation of a single representative of the euro area to ensure that the eurogroup can work efficiently to achieve better coordination of economic and employment policies; calls for a proposal on how to reach the best formulation for this institutional role, one possibility being to formalise it in the person of a vice-president of the Commission who would also need to be the Commissioner responsible for Economic and Monetary Affairs, entrusted with the power to act as euro area representative; considers that a provision to this effect should be incorporated in the future Constitutional Treaty; 3. Believes that this representative should be given broad powers to speak and act on behalf of euro zone countries in all important multilateral financial and economic fora, particularly in the G7 group of finance ministers, the IMF and the World Bank; calls on those institutions to eventually give this representative appropriate decision-making powers; considers that, in this case, the interests of euro zone Member States already represented would be better served by a single voice; 4. Stresses the importance of continuous dialogue on exchange rates amongst economic currency-area representatives in multilateral fora; believes that the single representative could faithfully act as the necessary link between Council positions and multilateral economic policy guidelines, while at the same time presenting a single voice on behalf of the euro zone economies which is consistent with the euro area countries' common stance in the European Financial Committee; 5. Considers that the ECB, despite its policy of neutrality with regard to the international use of the euro, should closely monitor developments in this field and take the necessary measures if the financial and monetary stability of the euro zone is threatened; in particular, believes that attention should be paid to the official use of the euro by the public and financial sectors of non-euro zone countries; 6. Calls for a feasibility study to evaluate whether invoicing commodities and energy supplies in euros - in order to avoid the double price/exchange rate volatility - is beneficial to the euro zone, and, if so, for measures to promote this; therefore, also calls for active measures aimed at increasing international trade invoicing in euros so as to benefit euro zone exporters and importers, by giving more certainty to commercial transactions and simplifying administrative procedures; 7. Stresses the need to monitor the use of euro cash as a parallel currency in some third countries and regions; believes this to be necessary, as out-of-area use of euro cash could affect the currency's value and produce misleading statistical signals in terms of the growth of monetary aggregates; 8. Calls on new Member States to comply with their commitments related to the euro area and to continue with their efforts to reform their economies and to fulfil the Copenhagen criteria; The economy of the euro zone 9. Urges Member States increasingly to regard their economic policies as a matter of common concern as established in the current Treaty, and to realise that in an enlarged euro area there will thus be a need for greater emphasis on coordination of economic policies and a consistent implementation of the Broad Economic Policy Guidelines; welcomes the streamlining process introduced by the Commission with a view to consolidating and synchronising the time frames of economic and employment policy guidelines; 10. Calls on Member States to maintain budgetary positions of close to balance or in surplus throughout the economic cycle, and as long as this has not yet been achieved, to take all necessary steps to ensure an annual improvement in the cyclically-adjusted budget position of at least 0.5% of GDP; asks for budgetary positions to be evaluated in a flexible way in accordance with the guidelines set by the Commission in its Communication of 27 November 2002 to the Council and the European Parliament on strengthening the coordination of budgetary policies(6); 11. Calls for compliance with the previous commitments made in Spring Councils in order to stress the need to reach the Lisbon strategy's competitiveness goals; calls for the promotion of a culture of entrepreneurship that takes into account the importance of SMEs for the euro zone economy as employment creators; calls for greater private and public investment aimed at increasing productivity levels by the rapid adoption of technological discoveries, particularly in areas such as human capital and R&D; believes this will ultimately create a level playing field that will enable the ECB to react more quickly to shocks; 12. Calls for action to facilitate labour mobility, both geographical and occupational, especially by implementing the Skills and Mobility Action Plan, by promoting the recognition of qualifications and the transfer of social security and pension rights, by eliminating tax obstacles to the cross-border provision of occupational pensions, by reducing bureaucracy, by removing obstacles to mobility, and by promoting lifelong learning and on-the-job-training, especially in language skills; 13. Expects that the overall review of the ECB's policies in its fifth year of operations will successfully balance the concerns regarding its first-pillar strategy and thus make the management of monetary policy more effective; considers that liberalisation of markets and structural reforms will help to reduce the inflationary pressures if, and only if, they are accompanied by other measures; calls for a debate on the reasons for the important inflation differentials between euro zone Member States; 14. Calls for the completion of both the Financial Services Action Plan (FSAP) and the Risk Capital Action Plan (RCAP); notes that there are still differences in the costs of cross-border banking transactions in the euro zone which - despite the steps that have been taken - play a part in distorting citizens' perception of the single market; 15. Expresses its disquiet at the trend in payments for services and bank commissions in the euro zone and at the implementation of the regulation on cross-border payments; calls on the Commission to make a complete assessment of the trend in bank commissions and charges, identifying cases in which increases, especially in domestic payments, have been excessive and charges levied illegally on cross-border payments; Initial assessment of the introduction of banknotes and coins 16. Congratulates Member States on the successful physical introduction of euro notes and coins; expresses, however, its disappointment about the inflationary pressures produced by the changeover, and the trouble caused to euro zone consumers, particularly in the services sector; calls for an investigation into these malpractices and for the appropriate legal action through independent studies if misuse is proven; calls for action to find ways of preventing these problems for future euro zone members; 17. Considers that more small denomination notes (5 and 10 euro) are needed when withdrawals are made from ATMs (automatic teller machines); expresses its doubts about the issue of the 500 euro note and the link to money laundering; calls for a working party on the use of the euro, set up by the Commission and the ECB, to address the need for a 1 euro bank note; believes that Member States should remain free to decide whether or not to distribute 1 euro cent coins, which consumers and retailers in some areas seem to agree are a nuisance; finally, calls for the progressive elimination of dual price display as soon as possible, in order to accelerate the mental changeover of citizens to the euro; o 18. Instructs its President to forward this resolution to the Commission and the Council and to the governments and parliaments of the Member States.
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| Cambodia |
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The European Parliament, – having regard to its previous resolutions on Cambodia, especially the resolution of 13 March 2003(1), – having regard to the EC-Cambodia Framework Cooperation Agreement of 1 November 1999, – having regard to the Commission communication on EU election assistance and observation (COM(2000) 191), – having regard to the EC-Cambodia Strategy Paper 2000-2003, – having regard to the report of the UN Secretary-General's Special Representative for Human Rights in Cambodia, – having regard to the statement of the EU High Representative for the Common Foreign and Security Policy on a Cambodia Tribunal, – having regard to the UN General Assembly endorsement on 13 May of the plan to establish a special Cambodia war crimes tribunal in order to put the perpetrators of crimes against humanity under the Khmer Rouge regime of 1975 to 1979 on trial, which awaits endorsement by Cambodia's parliament after the 27 July elections, – having regard to the joint guideline issued on 27 May 2003 by the Cambodian National Electoral Commission (NEC) and the Ministry of Interior, A. whereas around twenty political parties will take part in the general elections of 27 July 2003, marking another important step in the democratisation process of the country, B. expressing appreciation of all the rules and standards established by the National Electoral Commission (NEC) with a view to the 27 July elections which, if applied consistently by the authorities, can ensure that elections are free and democratic, C. having regard to the violent incidents which marred the previous elections, D. alarmed at the continuing violence perpetrated against people who are involved in political parties, with two members of the opposition being murdered in the first week of June 2003, E. concerned about the collection of voters' identification cards and thumbprints by village chiefs, commune officials, and other local political activists who serve as local extensions of the Cambodian People's Party (CPP), F. whereas the office of the High Commissioner for Human Rights in Cambodia describes the situation as 'significantly less serious than in the past' and ANFREL (Asian Network for Free Elections) noted 'a significant decrease of violence compared with past elections', G. whereas the omnipotence of the Cambodian People's Party raises the problem of the impartiality of the institutions, H. whereas most of the violations of election laws have been allegedly perpetrated by village chiefs, and commune officials, I. whereas the authorities can prosecute those who allegedly violate the election laws and regulations, but nobody has been subjected to such punitive measures, and such violations have become a prominent feature of the election process, J. whereas during the past year human rights defenders, opposition journalists and the independent media have been subjected to intimidation, arrests and killings, the perpetrators of which have never been brought to justice, K. whereas the electronic media remain under the control of persons and companies affiliated to Prime Minister Hun Sen's Cambodian People's Party, L. whereas new electoral regulations limit the ability of political parties to meet, while Cambodian voters continue to be denied access to the information needed to make meaningful choices at the ballot box as a direct result of the government's persistent refusal to open up the media to parties not aligned with the ruling Cambodian People's Party, M. whereas good governance and support for the strengthening of the rule of law and respect for human rights are important aspects of the EC Strategy Document for Cambodia and the EC's 2002/2004 National Indicative Programme, N. whereas action to strengthen national unity must include genuine plans for the trials of the former Khmer Rouge leaders, O. whereas Cambodia has ratified the Statute of the International Criminal Court and has signed the agreement with the United Nations (UN) concerning the prosecution of crimes committed during the period of Democratic Kampuchea, P. whereas the achieved compromise for the special tribunal on the basis of a mixed competence of a majority of Cambodian judges joined by international judges puts high expectations on the Cambodian judiciary to live up to international standards of prosecution, Q. concerned about the government's decision in January 2003 to bar Christian groups from disseminating religious literature in public, and noting the difficulties in registering experienced by Buddhist monks, R. drawing attention, furthermore, to the expulsion of at least 28 foreign Islamic teachers from Cambodia, S. whereas Vietnamese Montagnard refugees continue to be routinely sent back to Vietnam, facing ill-treatment and unfair trials, 1. Condemns the continuing violence and the intimidation of voters in the run-up to the general elections, and urges the Royal Government of Cambodia to guarantee free and fair elections without intimidation and harassment; 2. Calls on the Cambodian authorities to fully respect the right to freedom of assembly, association and expression during and after the election period; 3. Calls on the Cambodian police, prosecutors, and government authorities to prosecute any suspects, including government officials and village chiefs, who violate the electoral law, and also to deter them from further violations; 4. Calls on the Government of Cambodia to ensure that the electoral campaign and the ballot take place in a peaceful atmosphere; 5. Calls on the public and private broadcasting media to give all political parties taking part in the elections a fair and balanced access to the media; 6. Calls for scrupulous respect by the NEC for its rules during the 30-day election campaign to be considered as the essential means of ensuring the credibility of the electoral process and of the electoral results; 7. Calls on the authorities to ensure scrupulous respect for the 'Code of Conduct for members of the armed forces and national police' issued by the NEC and the Government Directive reminding officials of their obligation to act impartially; 8. Calls on the Cambodian government authorities to fully cooperate with the local and international election observers and guarantee their safety; asks the EU Election Observation Mission to give a full and detailed account of the findings of the mission and offer recommendations for possible improvement; 9. Urges, in particular, the National Electoral Commission to play a full neutral role and to exert strong pressure to prevent and sanction all kinds of discrimination; 10. Calls on the Cambodian Government to assign to the Ministry of Interior (MOI) and the National Electoral Commission the task of promptly investigating, prosecuting and stopping all acts of political violence and other electoral violations according to Article 124 of the National Assembly Election Law and Cambodian criminal law; 11. Calls on the Cambodian authorities to immediately repeal the NEC-MOI Joint Directive of 27 May which places arbitrary and unnecessary restrictions on political party meetings; 12. Calls on the Secretary-General of the UN and the Government of Cambodia to ensure that the agreement between the UN and Cambodia concerning the prosecution of crimes committed during the period of Democratic Kampuchea will be implemented as soon as possible; 13. Calls on the future Cambodian parliament to make sure that international standards of fairness will be applied by the future Tribunal to try senior members of the Khmer Rouge and that this project of national reconciliation will not succumb to the serious deficiencies of the Cambodian judiciary; 14. Calls on the Government of Cambodia to respect freedom of expression and of religion and to abolish the decree of 14 January 2003 for the prevention of conflicts between individual religious groupings; 15. Stresses that before, during and after the campaign period, all parties must respect the laws governing their activities and refrain from violence, racist rhetoric and vote-buying; 16. Calls on the Cambodian authorities to immediately end the 'refoulement' of Montagnard asylum-seekers as a matter of the utmost urgency; 17. Reminds the Cambodian authorities that free and fair elections and full respect for the rights of the opposition are an essential element for the maintenance of full EU cooperation with Cambodia; 18. Regrets that, in spite of large amounts of European aid to Cambodia, living conditions in the country have worsened; 19. Urges the European Commission to focus its aid on civil society and local NGOs and to channel the aid through government or government bodies and make it conditional upon respect of pluralism and human rights; 20. Calls on the EU and Member States' representatives in Phnom Penh to underline the need for:
21. Instructs its President to forward this resolution to the Council, the Commission, the Secretary-General of the UN, the governments of the ASEAN member states, and the government and parliament of Cambodia.
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| Laos |
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The European Parliament, – having regard to its previous resolutions of 15 February 2001 on the human rights situation in the Lao People's Democratic Republic(1), and of 15 November 2001 on the arbitrary arrests and the political situation in Laos(2), – having regard to the EC-Laos Framework Cooperation Agreement of 29 April 1997, – having regard to the EU Presidency Declaration on Laos of 22 December 2000, – having regard to the EC-Laos Strategy Paper 2002-2006, A. having regard to the arrest and detention, since 4 June 2003, of the European journalists Vincent Reynaud and Thierry Falise, an interpreter, Naw Karl Mua, and their Laotian escorts, B. whereas this team was in process of producing a report on the Hmong, who were allied to the US during the Vietnam war and have a long history of resistance and aspirations to independence vis-à-vis the Laotian government, C. whereas the journalists and the interpreter have not been allowed any visits of diplomats for more than ten days and have been held in an undisclosed location for more than a week, D. deeply concerned over the physical and mental wellbeing of the detained journalists, the interpreter and the four Lao nationals, whose names and whereabouts have not been made public, E. having regard to their sentencing to fifteen years in prison on Monday, 30 June 2003, in a trial which failed to respect the defendants' rights, on charges of 'obstructing an official in the performance of his duties', F. deeply concerned at the general political, human rights and social situation in Laos under the ruling single party, the Lao People's Revolutionary Party (LPRP), and at the plight of the Laotian population, whose civil and political rights are not respected, G. welcoming the Commission's statement to the effect that, should the situation of political rights and human rights in Laos degenerate to the point where the Community's permanent cooperation with that country would be endangered, it would be willing to take the necessary action with a view to reaching an agreement on the ad hoc measures to be adopted, 1. Calls for the immediate release of the European journalists and their escorts; 2. Calls on the Council and the Member State governments to use all means at their disposal to secure the release of these journalists who have been imprisoned without cause; 3. Calls on the authorities of the Lao People's Democratic Republic to put an immediate end to the violations of the civil, political and human rights of the Laotian people and to act immediately to introduce root-and-branch reforms to guarantee the fundamental freedoms and rights of all the citizens of Laos, in a spirit of tolerance and national reconciliation; 4. Calls on the Laotian government to undertake the changes necessary for a move towards democracy and to allow the expression of political dissent; 5. Calls on the government of Laos to respect press freedom and freedom of expression and to allow independent journalists to work freely in the country; 6. Calls on the permanent representatives of the EU in Vientiane to press for democracy and an improvement of the human rights situation in Laos; 7. Calls on the Laotian authorities to ensure respect for the Constitution of Laos, which guarantees freedom for and of religion; 8. Calls on the Laotian authorities to put an immediate end to all persecution and repression of the Hmong people, as well as the other minorities in Laos and the country's Christian communities; 9. Calls on the Laotian authorities to give all groups of Hmong fighters access to UN specialist agencies and others to provide them with desperately needed medical attention and sufficient food and other basic services in line with Laos's obligations under international humanitarian law; 10. Calls on the Laotian authorities to authorise the Red Cross to visit the political prisoners in order to ensure that their physical integrity is being respected; 11. Believes that the Commission should examine the issue of continued permanent cooperation with the Laotian authorities and report on the matter to Parliament; 12. Calls for the arrest of the journalists to be included on the agenda of the next ASEAN/ANASE meeting should they have not been freed by then; 13. Instructs its President to forward this resolution to the Council, the Commission, the Government of Laos and all the ASEAN member states.
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| Uganda |
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The European Parliament, – having regard to its previous resolutions on human rights abuses, with specific reference to the abduction of children and forced conscription of child soldiers in northern Uganda, – having regard, in particular, to its resolution of 6 July 2000 on the abduction of children by the Lord's Resistance Army (LRA)(1), and to the report of the ACP-EU Joint Parliamentary Assembly mission to Sudan of June-July 2001, – having regard to the UN Conventions on the protection of the rights of children, – having regard to previous peace initiatives in northern Uganda by the Acholi Religious Leaders Peace Initiative (ARLPI) and others, – having regard to the number of children abducted by the LRA to make them combatants or sexual slaves, which is estimated at 26 000, of whom 5 000 were abducted in the last year and 10 000 are still held by the rebels, A. whereas the LRA, led by Joseph Kony, took root in the early 1990s after a series of armed rebellions in northern Uganda, growing into a long-running insurgency with a complex political agenda that is pursued through brutality against civilians, B. deeply concerned by the disastrous consequences of this conflict, resulting in the abduction of more than 20 000 children and causing immense human suffering, particularly among civilians, as well as gross human rights violations, massive displacement of populations and a breakdown of social and economic structures, C. whereas the conflict, originally confined to the northern districts of Gulu, Kitgum and Pader, has now spread further southwards to cover a wider geographical area including the districts of Lira, Apac and Katakwi, thus displacing an unprecedented number of people, D. whereas the violence has caused an estimated 800 000 people to flee their homes, living in internally displaced camps, and tens of thousands of children to sleep in urban centres every night for protection, E. whereas the LRA is largely responsible for the gross human rights violations in northern Uganda, even though this insurgency also has a regional dimension, because the LRA for many years based its operations in southern Sudan and received military and logistical support from that country's government, F. considering the allegations that Joseph Kony is still hiding in southern Sudan and that the LRA has received fresh military supplies from elements of the Sudanese armed forces as recently as March 2003, according to a report of the Acholi Religious Leaders, G. whereas the Ugandan army is also recruiting child soldiers from the age of 12, H. whereas the Ugandan Government has made several attempts to end this conflict militarily - most recently through "Operation Iron Fist" in March 2002 following an agreement between the governments of Sudan and Uganda - which resulted in a worsened humanitarian crisis, and whereas civilians remain largely unprotected in northern Uganda and peace talks are virtually non-existent, I. whereas the continuation of the conflict has led to a 23% increase in the army's budget this year, to the detriment of the education and health budgets, and to the maintenance of the anti-terrorism law limiting freedom of association and expression, J. pointing out the urgent need for an international response to the deteriorating humanitarian situation in northern Uganda, where food and medicine are not sufficiently available, notwithstanding the full solidarity of the missionaries towards all those in need of help and protection, K. whereas ECHO is providing EUR 460 000 of support for a project to help reintegrate child soldier survivors, L. whereas health indicators for northern Uganda are among the worst in Africa and whereas the humanitarian and health crisis is growing in that part of the country, with an increase in malaria and respiratory and digestive infections, M. whereas ECHO doubled its funding for Uganda in 2003, bringing it up to EUR 4 million, N. deploring that nine Catholic missions were attacked during the last few weeks, one of which was burnt down, and horrified by the recent order given by the LRA leader to his men to "destroy Catholic missions, kill priests and missionaries in cold blood and beat nuns black and blue", 1. Strongly condemns the continued serious human rights violations by all parties to the conflict in northern Uganda, and calls for an immediate end to atrocities such as enslavement, torture, rape, killings and other abuses, and for the parties to engage constructively in the current peace initiatives; 2. Strongly condemns, in particular, the actions of the LRA for its continuous violence against the civilian populations of northern Uganda and for the continuing abductions of children with the intention of using them as soldiers or for sexual exploitation; calls on both sides to stop their abuses and the use of children for war purposes or sexual exploitation; 3. Further condemns the increasing number of attacks perpetrated against Catholic missions as well as the recent order of the LRA leader to destroy Catholic missions, and to kill all priests and missionaries; 4. Encourages the Ugandan Government and military to take immediate steps to secure the protection of all civilians and humanitarian workers from abduction and other human rights abuses as well as to create a secure environment in which humanitarian agencies can deliver life-saving assistance; 5. Calls on the Ugandan Government to introduce good governance and political pluralism in order to remove all reasons for resorting to armed combat; calls on it also to punish abuses committed by its forces, in particular those recently committed by the Violent Crime Crack Unit (VCCU) against civilians; 6. Calls on the Government of Uganda to continue its efforts with a view to the publication and implementation of the Amnesty Act; 7. Notes Sudan's commitment to no longer supply aid to the LRA and calls on Sudan to honour this commitment and ensure that it is enforced on its territory; 8. Calls on the African Union to examine all possible ways of contributing to the protection of the civilian populations in northern Uganda, which includes taking measures against African states which supply the LRA with weapons; 9. Calls for a rapid response from the international community, and in particular from ECHO, to deal with the looming humanitarian crisis, through increased emergency support for displaced persons, especially food and medical assistance, as well as support programmes for freed captives to ensure their successful reintegration into society; 10. Calls on the United Nations Security Council to look into ways in which the international community could intervene to protect the civilian populations in northern Uganda, including the possible use of Chapter VII of the UN Charter whenever a request to this effect is submitted by its Secretary-General, Kofi Annan; 11. Calls on the EU Council to look into ways in which the EU could intervene in the CFSP framework so as to guarantee the security of populations eligible for the humanitarian aid distributed by ECHO; 12. Further calls on the EU to consider appointing a special representative to assist the peace efforts currently being made, such as the Acholi Religious Leaders Peace Initiative (ARLPI), and to closely monitor the situation of children affected by armed conflict in this region; 13. Instructs its President to forward this resolution to the ACP-EU Council and Joint Parliamentary Assembly, the Commission, the Secretaries-General of the United Nations and the African Union, the Government of Uganda and the Government of Sudan.
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| Women in rural areas of EU |
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The European Parliament, – having regard to Articles 2, 3(2), and 141(4) of the EC Treaty, – having regard to Article 13 of the EC Treaty, – having regard to Articles 33(1)(a) and (b), 33(2)(a) and 35(a) of the EC Treaty, – having regard to the Presidency Conclusions of the European Council meeting held in Berlin on 24 and 25 March 1999 (Agenda 2000), – having regard to the Platform for Action adopted at the Fourth World Conference on Women in Beijing on 15 September 1995, – having regard to the conclusions of the Council of Agriculture Ministers of 27 May 2002 (8959/02), – having regard to the conclusions of the Third World Congress of Rural Women held in Madrid on 2-4 October 2002, – having regard to Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations(1), – having regard to Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(2), – having regard to Council Regulation (EC) No 1259/1999 of 17 May 1999 establishing common rules for direct support schemes under the common agricultural policy(3), – having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(4), – having regard to Council Regulation (EC) No 1783/1999 of the European Parliament and of the Council of 12 July 1999 on the European Regional Development Fund(5), – having regard to Commission Regulation (EC) No 1750/1999 of 23 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999(6), – having regard to Commission Regulation (EC) No 2603/1999 of 9 December 1999 laying down rules for the transition to the rural development support provided for by Council Regulation (EC) No 1257/1999(7), – having regard to Commission Regulation (EC) No 445/2002(8) of 26 February 2002 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF), – having regard to Council Directive 86/613/EEC(9) of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood, – having regard to Council Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes(10), – having regard to the Commission report on the implementation of the abovementioned Council Directive 86/613/EEC (COM(1994) 163), – having regard to the guidelines for the evaluation of the Leader + Commission programmes (January 2002), – having regard to the Commission communication of 10 July 2002 to the Council and the European Parliament on the midterm review of the common agricultural policy (COM(2002) 394), – having regard to the Commission proposal for a Council Regulation establishing common rules for direct support schemes under the common agricultural policy and support schemes for producers of certain crops (COM(2003) 23), – having regard to the Commission proposal for a Council Regulation amending Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and repealing Regulation (EC) No 2826/2000 (COM(2003) 23), – having regard to the communication from the Commission to the Member States of 14 April 2000 laying down guidelines for the Community initiative for rural development (Leader+)(11), – having regard to the Council Resolution of 2 December 1996 on mainstreaming equal opportunities for men and women under the European Structural Funds(12), – having regard to Council Decision 2001/51/EC of 20 December 2000 establishing a programme relating to the Community framework strategy on gender equality (2001-2005)(13), – having regard to technical document 3 incorporating the policy of equal opportunities between women and men in structural fund programmes and projects of the Commission, March 2000, – having regard to its resolution of 13 March 2003 on the objectives of equality of opportunities between women and men in the use of the structural funds(14), – having regard to its resolution of 5 June 2003 on the proposal for a Council Regulation establishing common rules for direct support schemes under the common agricultural policy and support schemes for producers of certain crops(15), – having regard to its resolution of 7 November 2002 on the mid-term review of the common agricultural policy(16), - having regard to its position of 5 June 2003 on the proposal for a Council Regulation amending Regulation (EC) No 1257/1999 and repealing Regulation (EC) No 2826/2000(17), – having regard to its resolution of 6 September 2001 on 25 years of implementing the Community regulation to promote farming in mountain areas(18), – having regard to its resolution of 30 May 2002 on the mid-term review of the reform of the common organisation of the market in the framework of Agenda 2000(19), – having regard to its resolution of 30 May 2002 on rural development in the framework of Agenda 2000 – interim balance in the EU and the applicant countries(20), – having regard to its resolution of 17 January 2001 on the situation of and prospects for young farmers in the European Union(21), – having regard to its resolution of 15 February 2000 on the Commission's draft communication to the Member States laying down general guidelines for the Community initiative on rural development (Leader+)(22), – having regard to its position of 15 November 2000 on the proposal for a Council Decision on the Programme relating to the Community framework strategy on gender equality (2001-2005)(23) and its resolution of 3 July 2001 on the Commission Communication to the Council and the European Framework Strategy on Gender Equality - Work Programme for 2001(24); whereas the gender mainstreaming principle must be consistently applied in the agricultural sector, – having regard to its resolution of 21 February 1997 on the situation of the assisting spouses of the self-employed(25), – 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 (A5-0230/2003), A. whereas the Council of Agriculture Ministers meeting on 27 May 2002, referred to equal opportunities for men and women in rural areas as an integral part of the Community's policy on agriculture, B. whereas improving equal opportunities for women in the agricultural and fisheries sectors and the rural environment was not taken seriously into account in the Common Agricultural Policy (CAP) and CFP reform proposals, either in terms of the support schemes or support for agricultural development, C. whereas, following the mid-term review of the CAP, the provisions of Agenda 2000 concerning the strengthening of the second pillar (rural development) have become more pressing, while the female rural population has acquired an extremely important role in that context for the development of the European agricultural model and general EU development policy, D. whereas providing equal opportunities for women in rural areas is a prerequisite for the full exploitation of the sustainable development potential which exists in the rural areas of Europe; whereas CAP prosperity and multifunctionality, agricultural diversification and the progress of rural development depend directly upon the areas of work in which women are engaged, E. whereas eliminating disparities and promoting equal opportunities for men and women is a main objective of the regulation on the structural funds and, in particular, the EAGGF (European Agricultural Guidance and Guarantee Fund), F. whereas, under the Leader + initiative, women in rural areas are supported by means of strategies which aim to improve their job opportunities or activities and whereas a mid-term assessment of that programme is due to take place at the end of 2003, G. whereas, from a strictly legal point of view, Directive 86/613/EEC has clearly been implemented in the Member States; whereas, however, the practical results are not satisfactory in comparison with the original objectives of the directive; whereas, moreover, the wording of the directive is extremely vague and, in regard to social security, it leaves to the discretion of the Member States to decide whether assisting spouses should have personal rights or derived rights, H. whereas, although 37% of the agricultural workforce in the European Union consists of women who play a major role in overall production and in rural development, and form a significant link between production and consumption: (a) the female rural population is ageing, (b) one in two women farmers falls into the 'spouse or partner' category, thus facing a difficult position in terms of pay, social security, healthcare, pensions, and professional development, (c) the percentage of women farmers managing farms is exceptionally low, (d) the education and training of women farmers remains at extremely low levels, (e) the participation of women in agricultural co-operatives and agricultural organisations is not satisfactory, (e) illiteracy and unemployment in rural areas affect women most (in some areas the percentage is twice that of men), I. having regard to European Parliament and Council Directive 2002/73/EC 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(26), J. whereas, with the accession of new Member States, the number of women farmers will increase significantly, given the high proportion of women among the agricultural work force, 1. Welcomes the conclusions of the Council of Agriculture Ministers of 27 May 2002, the object of which was to incorporate the gender dimension and the implementation of the principle of mainstreaming consistently and, in particular, to establish specific priorities and goals for putting equal opportunities for men and women into practice in agricultural policy and rural development policy; 2. Calls on the Member States to implement the necessary policies to support women farmers, in particular on the basis of the guidelines laid down by the latest Council of Agriculture Ministers, incorporating the gender dimension in general, and the implementation of the principle of gender mainstreaming, in particular, promoting them in the context of the second pillar -the provisions on rural development aid; requests that Member States inform the European Commission by the end of 2004 on the progress made; 3. Stresses that the elimination of disparities and the promotion of equal opportunities are amongst the main objectives of the regulations concerning the application of the structural funds and in the programmes and initiatives concerning rural development; notes, however, that in practice, women farmers and women working in the fisheries sector in rural areas play a minimal role in planning and developing the opportunities offered; requests the Commission to ensure that, in the approval procedures for the relevant projects of the Structural Funds, due attention is paid to enhancing the role of women farmers and women working in the fisheries sector in rural areas; 4. To ensure that the levelling-off approach and that of distributing aid under the second pillar are effective, account should be taken of the number of people working on farms in the context of all programmes and funding; calls consequently, on Member States to reform the current method of calculation, which only takes account of farms, and not of the number of people working, with the effect that all women working as part of a couple are penalised; 5. Calls on the Commission, in the light of the mid-term review of the common agricultural policy and with a view to offering an important role for women in the rural development strategy, to make a proper analysis of the likely impact of the future programmes on equal opportunities for men and women before they are implemented, taking into account the distribution of funds in accordance with the principle of gender mainstreaming and covering the needs of rural women; in addition, calls on the Commission to ensure,as a matter of priority, that resources obtained through the modulation of direct aid are reallocated to programmes that include measures in favour of those groups in society with the greatest needs, but also with development potential, such as women in rural areas of Member States or new Member States; 6. Calls on the Commission, in the context of strengthening the programmes and actions of the second pillar of the common agricultural policy for rural development, to promote :
7. Calls on Member States - in the light of the fact that unemployment in rural areas affects women most - to promote, within the context of the structural funds, quality employment and the spirit of enterprise among women; considers, moreover, that Member States should set up or, where they already exist, strengthen reliable and accredited systems of agricultural and integrated vocational training for women farmers, and life-long learning; 8. Invites the Commission, in view of the limited impact on equal opportunities in rural areas of programmes and initiatives in the framework of rural development, to provide for a specific programme devoted to "women" in the future structural funds programme and rural development (2007-2012); 9. Calls on the Member States - in the light of the fact that unemployment in rural areas affects mostly women - to promote, within the context of the structural funds, quality employment, entrepreneurship among women and a cooperativist culture; considers, moreover, that Member States should set up or, where they already exist, strengthen reliable and accredited systems of agricultural and integrated vocational training for women farmers, and life-long learning; 10. Urges the Member States, in collaboration with local government, and with the aim of gradually eliminating social exclusion in the rural areas, of creating incentives for the participation of women in work and agricultural production in order to ensure that this participation is more balanced, to implement policies to improve the general living conditions of women in rural areas and to set up an appropriate network of rural services (postal services, libraries) establishing or improving public transport facilities and schools as well as permanent and seasonal facilities for childcare, care of the elderly and of disabled people, health services and family planning services in general; 11. Urges the Member States, in cooperation with local bodies, to promote rural-loan policies which will encourage synergies between public and private funds, so as to allow access to microloans and soft loans intended to facilitate women's entrepreneurial initiatives; 12. Calls on the Member States to develop indicators which would enable them to collect comparable data so that, in the context of the mid-term evaluation of the Leader + programme, which is to be submitted by the end of 2003, data can be included on the quantitative and qualitative participation of women farmers and the impact of those measures on women's lives; 13. Calls on the Member States, in the context of the Leader+ initiative and, in particular, the activities of the Local Action Groups (LAGs), to make the gender dimension a matter of priority and to guarantee a minimum level of women's participation in the LAG partnerships; considers that in this context, financial assistance and advisory support for women must be promoted to enable them to take part in sustainable rural development programmes either as individuals or within cooperative organisations; 14. Regrets the fact that the vague wording of Directive 86/613/EEC on the equal treatment of men and women engaged in an activity, including activities in the agricultural and fisheries sectors in a self-employed capacity, has resulted in limited progress being made in recognising the work and giving adequate protection to spouses assisting the self-employed in agriculture or the fisheries sector in the Member States; 15. Regrets that the Commission did not provide for a specific follow-up to previous European Parliament resolutions on assisting spouses of the self-employed, which included calls for:
16. In order to raise the status of women farmers by drawing up a "European statute for women farmers who are full partners in their business", which will provide a foundation for basic social rights, calls on the Commission to begin this reform by preparing for a further revision of the directive and to strengthen Article 6 in particular, so as to cover all the risks faced by the assisting spouse of a farmer, particularly in relation to social security, health care, old age pension, maternity benefit and replacement services, disability and incapacity benefit; considers that the directive must be more binding in all its aspects on Member States, as it is the only way to ensure that women assisting on agricultural holdings acquire the vocational status to enable them to have not only derived rights but social entitlements in their own right; calls on the Commission to evaluate the current situation for the present and new Member States and to present a revised directive by the end of 2004; 17. Calls on those Member States which have not already done so, to take the necessary measures to recognise the work of women assisting on agricultural holdings so that their work is recognised and safeguarded in terms of social security and retirement pension, without their having to pay contributions which impose an excessive burden on family farms; 18. Calls on the Commission and Member States to pay particular attention to ensuring equal treatment and opportunities for men and women in this regard, including the integration into the agricultural industry of the principle of equal pay for work of equal value; 19. Calls on the Member States to encourage the balanced representation of women farmers (at local and European level) in the various decision-making bodies at both occupational and government level (professional agricultural organisations, sectoral organisations, agricultural cooperatives, rural women NGOs, Chambers of Agriculture, trade-unions, Ministries of Agriculture etc.) and to cooperate with local government bodies to encourage and support the cultural and social life of women in the countryside (establishment of associations – encouragement of initiatives); 20. Calls on the Member States to raise the status of the profession, which can be achieved, inter alia, by recognising professional experience and the various skills used on farms. Genuine recognition of equivalence between training in other areas and agricultural training would lighten the training load for women farmers, particularly those who enter the profession later in life after working in other areas. Qualifications acquired while working as a farmer should, for these reasons, be eligible for recognition by the competent authorities; 21. Calls on the Commission to set up a unit within DG Agriculture responsible for all gender and agriculture policies, whose main task should be to add gender mainstreaming instruments to all relevant legislation and policies; 22. Calls on the Commission and the Member States to take effective steps to counteract domestic violence, which is particularly prevalent in rural areas, through measures to supplement the existing DAPHNE programme; 23. Calls on the current and new Member States to undertake an in-depth study of the situation of women farmers and, in more general terms, women in the countryside, with a view to planning the necessary policies, the relevant legislation and a development strategy geared to their actual needs as well as a systematic collecting and publishing data, quantitative and qualitative indicators and statistics concerning women farmers; requests the Commission to coordinate and set up the framework of such studies and ensure that these studies will be submitted to Parliament by the end of 2004; 24. Welcomes the significant measures taken by the European Leader Observatory, in terms of information, data collection and evaluation in rural areas; calls on the Commission to speed up the launch of the Leader+ Observatory and calls for the systematic recording, evaluation and publication of data, quantitative and qualitative indicators and statistics concerning women in rural areas with the support of Eurostat;
25. Calls on the Commission, in the light of the review of the common agricultural policy and the accession of new Member States, to take account of the particular characteristics of the applicant countries (major structural differences with the Member States of the EU), bearing in mind the situation of women in the rural economies of the new Member States and the role that they may play in the process of rural development, so that the Leader+ programme can be extended and adapted as necessary to the new circumstances. 26. Instructs its President to forward this resolution to the Council and the Commission as well as the Governments and National Parliaments of the current and new Member States.
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| Safety of coaches |
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The European Parliament, – having regard to its position at first reading of 14 January 2003 on the proposal for a European Parliament and Council regulation on the harmonisation of certain social legislation relating to road transport(1), – having regard to Council Regulation (EC) No 2135/98 of 24 September 1998(2) on the introduction of the digital tachograph, – having regard to its resolution of 12 February 2003 on the Commission White Paper on European transport policy for 2010: time to decide(3), – having regard to the Commission's Communication on a European Road Safety Action Programme - Halving the number of road accident victims in the European Union by 2010: A shared responsibility (COM(2003) 311), A. whereas, according to statistics, more than 42 000 people are killed each year on EU roads, B. whereas a comprehensive road safety strategy, guided by numerical targets, is needed to address this major public health and safety problem; whereas reducing injuries that result from driver impairment, especially driver fatigue, is an important part of that activity, C. whereas the recent tragic bus accidents in Siofok, Hungary, on 8 May 2003, with 33 tourists killed, and near Lyons in France, on 18 May 2003, with 28 tourists killed, and other recent accidents show that the human factor considerably influences road safety, D. whereas the Commission proposed a general revision of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport and driving time(4), replacing it with a new one; whereas, subject to substantial amendment, Parliament was prepared to accept this action and concluded its first reading on 14 January 2003; whereas the Council has not yet adopted a common position on this subject, E. whereas the use of the digital tachograph will improve surveillance and control of drivers" driving hours and rest periods, F. regretting that up to now the installation of seat belts has not been made compulsory on all new coaches, and that the mandatory wearing of safety belts in coaches so equipped has yet to become general throughout the EU, G. whereas Community guidelines covering areas such as railway crossings at major roads, and more generally concerning suitable road conditions and appropriate road design, do not exist, 1. Expresses its firm solidarity with the victims of these accidents and stresses the need to take effective measures as soon as possible in order that such tragic events are avoided in the future; 2. Demands that the Council take full account of Parliament's position at first reading when adopting its common position on the driving time regulation; 3. Calls on the Council to accept, in the framework of the draft driving time regulation, the demand of Parliament concerning the introduction of a minimum number of roadside checks to be carried out in the Member States (2% of the total number of days worked); 4. Urges the Member States to accelerate the transposition of the provisions of Directive 2002/85/EC(5) on speed limitation devices into their national legislation, given the importance of such measures for road safety; 5. Calls on the Commission to present a legislative proposal on the obligation for coach passengers to wear seat belts and, more generally, on appropriate coach construction as soon as possible; 6. Calls on the Commission to present legislative proposals amending Council Directives 77/541/EEC relating to safety belts and restraint systems of motor vehicles(6), 74/408/EEC relating to the interior fittings of motor vehicles (strength of seats and of their anchorages)(7), and 76/115/EEC relating to anchorages for motor vehicle safety belts in order to render mandatory the installation of safety belts in new touring coaches(8); 7. Calls on the Commission to speed up transposition of Directive 2003/20/EC of 8 April 2003(9) on the approximation of laws of the Member States relating to the compulsory use of safety belts in vehicles of less than 3.5 tonnes, by which the mandatory wearing of safety belts in touring coaches thus equipped is introduced for passengers whilst seated; 8. Stresses the importance of proper implementation of the Commission's recent proposal on the training of professional drivers(10), which should contribute significantly to the quality of driving of professional coach drivers throughout the EU; 9. Asks the Commission to present proposals to facilitate exchanges in best practice between Member States regarding areas such as railway level crossings at major roads and, more generally, concerning suitable road conditions and appropriate road design; 10. Welcomes the Commission Action Programme on European Road Safety and calls on the Commission to support the demand to put special emphasis on intensified and accelerated measures for the greater safety of coaches; 11. Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States.
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