Index 
Texts adopted
Wednesday, 26 October 2005 - Strasbourg
Fluorinated greenhouse gases ***II
 Emissions from motor vehicle air-conditioning systems ***II
 Noise emissions ***I
 Trans-European transport networks and energy ***I
 Food additives ***I
 Fight against organised crime *
 Strategy against an influenza pandemic
 Patents on biotechnological inventions
 Economic migration

Fluorinated greenhouse gases ***II
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Resolution
Consolidated text
European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on certain fluorinated greenhouse gases (16056/5/2004 – C6-0221/2005 – 2003/0189A(COD))
P6_TA(2005)0400A6-0301/2005

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (16056/5/2004 – C6-0221/2005)(1),

–   having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2003)0492)(3),

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

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0301/2005),

1.  Approves the common position as amended;

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

Position of the European Parliament adopted at second reading on 26 October 2005 with a view to the adoption of Regulation (EC) No .../2005 of the European Parliament and of the Council on certain fluorinated greenhouse gases

P6_TC2-COD(2003)0189A


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof and Article 95 thereof in relation to Articles 7, 8 and 9 of this Regulation,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee(4),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(5),

Whereas:

(1)  The Sixth Community Environment Action Programme(6) identifies climate change as a priority for action. That Programme recognises that the Community is committed to achieving an 8% reduction in emissions of greenhouse gases in the period from 2008 to 2012 compared to 1990 levels, and that, in the longer-term, global emissions of greenhouse gases will need to be reduced by approximately 70% compared to 1990 levels.

(2)  The ultimate objective of the United Nations Framework Convention on Climate Change, which was approved by Council Decision 94/69/EC of 15 December 1993 concerning the conclusion of the United Nations Framework Convention on Climate Change(7), is to achieve stabilisation of greenhouse gas concentrations in the atmosphere at a level which prevents dangerous anthropogenic interference with the climate system.

(3)  Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder(8) commits the Community and its Member States to reduce their aggregate anthropogenic emissions of greenhouse gases listed in Annex A to the Kyoto Protocol by 8% compared to 1990 levels in the period from 2008 to 2012.

(4)  Annex II of Decision 2002/358/EC lays down different reduction targets for individual Member States. The Member States are therefore required to take individual measures. Individual Member States must therefore also be able to take, or maintain, adequate measures to attain their national reduction targets.

(5)  Fluorinated greenhouse gases controlled under the Kyoto Protocol and this Regulation are strong greenhouse gases, of which some are up to 23 900 times more damaging than CO2, or have atmospheric lives of up to 50 000 years.

(6)  Provision should be made for the prevention and minimisation of emissions of fluorinated greenhouse gases, without prejudice to Council Directive 75/442/EEC of 15 July 1975 on waste(9), Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(10), Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles(11) and Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE)(12).

(7)  The primary objective of this Regulation is to reduce the emissions of the fluorinated greenhouse gases covered by the Kyoto Protocol and thus to protect the environment. The legal base should therefore be Article 175(1) of the Treaty.

(8)  Nevertheless, it is appropriate to take measures at Community level on the basis of Article 95 of the Treaty to harmonise requirements on the use of fluorinated greenhouse gases and the marketing and labelling of products and equipment containing fluorinated greenhouse gases. Marketing and use restrictions for certain applications of fluorinated greenhouse gases are considered appropriate where viable alternatives are available and improvement of containment and recovery is not feasible. Voluntary initiatives by some industry sectors should also be taken into account, as well as the fact that the development of alternatives is still ongoing.

(9)  The application and enforcement of this Regulation should spur technological innovation by encouraging continued development of alternative technologies and transition to already existing technologies that are more environmentally friendly.

(10)  This Regulation should not prevent Member States from maintaining or introducing more stringent protective measures. The differences that exist between Member States with regard to their established practices of restricting certain fluorinated greenhouse gases require that Member States should have that possibility. This is necessary in order to comply with the provisions of the Treaty stipulating a high level of protection in the field of the environment, as specified in Article 174(2) and in Article 95(3) thereof, and also to enable Member States to implement their plans for reducing fluorinated greenhouse gases in accordance with the Kyoto Protocol.

(11)  The placing on the market of the products and equipment containing fluorinated greenhouse gases as listed in Annex II is detrimental to the objectives and commitments of the Community and its Member States with regard to climate change and it is therefore necessary to restrict the placing on the market of these products and equipment. This could also be the case concerning other applications containing fluorinated greenhouse gases and therefore the need for an extension of Annex II should be reviewed, taking account of the environmental benefits, the technical feasibility and cost effectiveness.

(12)  In order to contribute to the fulfilment of the commitments of the Community and its Member States under the UN Framework Convention on Climate Change, the Kyoto Protocol and Decision 2002/358/EC, Directive 2005/.../EC of the European Parliament and of the Council of ... relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC(13) and this Regulation, which both contribute to prevention and minimisation of emissions of fluorinated greenhouse gases, should be adopted and published in the Official Journal of the European Union simultaneously.

(13)  Provision should be made for the monitoring, evaluation and review of the provisions contained in this Regulation.

(14)  Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are implemented. Those penalties must be effective, proportionate and dissuasive.

(15)  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

(16)  Since the objectives of this Regulation, namely the containment and reporting of certain fluorinated greenhouse gases and the control of use and placing on the market of products and equipment containing certain fluorinated greenhouse gases, in order to protect the environment and to preserve the internal market, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of this Regulation be better achieved at Community level, 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 those objectives.

(17)  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(14),

HAVE ADOPTED THIS REGULATION:

Article 1

Scope

The objective of this Regulation is to prevent and reduce emissions of the fluorinated greenhouse gases covered by the Kyoto Protocol. It shall apply to the fluorinated greenhouse gases listed in Annex A to that Protocol. Annex I to this Regulation contains a list of the fluorinated greenhouse gases currently covered by this Regulation, together with their global warming potentials. In the light of revisions provided for by Article 5(3) of the Kyoto Protocol and accepted by the Community and its Member States, Annex I may be reviewed and if appropriate may then be updated.

This Regulation shall not prevent Member States from maintaining or introducing more stringent protective measures.

This Regulation addresses the containment, use, recovery and destruction of the fluorinated greenhouse gases listed in Annex I; the labelling and disposal of products and equipment containing those gases; the reporting of information on those gases; the control of uses referred to in Article 8 and the placing on the market prohibitions of the products and equipment referred to in Article 9 and Annex II; and the training and certification of personnel and companies involved in activities provided for by this Regulation.

This Regulation shall apply without prejudice to Directives 75/442/EEC, 96/61/EC, 2000/53/EC and 2002/96/EC.

Article 2

Definitions

For the purposes of this Regulation the following definitions shall apply:

   1) "fluorinated greenhouse gases" means hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6) as listed in Annex I and preparations containing those substances, but excludes substances controlled under Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer(15);
   2) "hydrofluorocarbon" means an organic compound consisting of carbon, hydrogen and fluorine, and where no more than six carbon atoms are contained in the molecule;
   3) "perfluorocarbon" means an organic compound consisting of carbon and fluorine only, and where no more than six carbon atoms are contained in the molecule;
   4) "global warming potential" means the climatic warming potential of a fluorinated greenhouse gas relative to that of carbon dioxide. The global warming potential (GWP) is calculated in terms of the 100 year warming potential of one kilogram of a gas relative to one kilogram of CO2. The GWP figures listed in Annex I are those published in the third assessment report (TAR) adopted by the Intergovernmental Panel on Climate Change ("2001 IPCC GWP values")(16);
   5) "preparation" means for the purposes of the obligations in this Regulation, excluding destruction, a mixture composed of two or more substances at least one of which is a fluorinated greenhouse gas, except where the total global warming potential of the preparation is less than 150. The total global warming potential(17) of the preparation shall be determined in accordance with Part 2 of Annex I;
   6) "operator" means the natural or legal person exercising actual power over the technical functioning of the equipment and systems covered by this Regulation; a Member State may, in defined, specific situations, designate the owner as being responsible for the operator's obligations;
   7) "placing on the market" means the supplying of or making available to third persons, against payment or free of charge, products and equipment containing or whose functioning relies upon fluorinated greenhouse gases, by a manufacturer, the manufacturer's authorised representative in the Community or an importer for the first time in the European Union, with a view to distribution or use in the Community;
   8) "use" means the utilisation of fluorinated greenhouse gases in the production, refilling, servicing or maintenance of products and equipment covered by this Regulation;
   9) "heat pump" means a device or installation that extracts heat at low temperature from air, water or earth and supplies heat;
   10) "leakage detection system" means a calibrated mechanical, electrical or electronic device for detecting leakage of fluorinated greenhouse gases which, on detection, alerts the operator;
   11) "hermetically sealed system" means a system in which all refrigerant containing parts are made tight by welding, brazing or a similar permanent connection, which may include sealed or protected access points to allow proper repair or disposal;
   12) "container" means a product which is designed primarily for transporting or storing fluorinated greenhouse gases;
   13) "a non-refillable container" means a container that is designed not to be refilled and is used in the servicing, maintenance or filling of refrigeration, air conditioning or heat pump equipment, fire protection systems or high-voltage switchgear; or to store or transport fluorinated greenhouse gas based solvents;
   14) "recovery" means the collection and storage of fluorinated greenhouse gases from, for example, machinery, equipment and containers;
   15) "recycling" means the reuse of a recovered fluorinated greenhouse gas following a basic cleaning process;
   16) "reclamation" means the reprocessing of a recovered fluorinated greenhouse gas in order to meet a specified standard of performance;
   17) "destruction" means the process by which all or most of a fluorinated greenhouse gas is permanently transformed or decomposed into one or more stable substances which are not fluorinated greenhouse gases;
   18) "stationary application or equipment" means an application or equipment which is normally not in transit during operation;
   19) "novelty aerosol" means those aerosol generators marketed and intended for sale to the general public for entertainment and decorative purposes as listed in the Annex to Directive 94/48/EC(18).

Article 3

Containment

1.  Operators of the following stationary applications: refrigeration, air conditioning and heat pump equipment and circuits as well as fire protection systems, which contain fluorinated greenhouse gases listed in Annex I, shall, using all measures which are technically feasible and do not entail disproportionate cost:

   a) prevent leakage of these gases; and
   b) as soon as possible repair any detected leakage.

2.  Operators of the applications referred to in paragraph 1 shall ensure that they are checked for leakage by certified personnel who comply with the requirements of Article 5, according to the following schedule:

   a) applications containing 3 kg or more of fluorinated greenhouse gases shall be checked for leakage at least once every twelve months; this shall not apply to circuits with hermetically sealed systems, which are labelled as such and contain less than 6 kg of fluorinated greenhouse gases;
   b) applications containing 30 kg or more of fluorinated greenhouse gases shall be checked for leakage at least once every six months;
   c) applications containing 300 kg or more of fluorinated greenhouse gases shall be checked for leakage at least once every three months.

The applications shall be checked for leakage within one month after a leak has been repaired to ensure that the repair has been effective.

For the purposes of this paragraph, "checking for leakage" means that the equipment or system is examined for leakage using direct measuring methods – focusing on those parts of the system likely to leak – or using indirect measuring methods – focusing on the amount of fluorinated greenhouse gas contained in the system.

3.  Operators of the applications referred to in paragraph 1, containing 300 kg or more of fluorinated greenhouse gases, shall install leakage detection systems. These leakage detection systems shall be inspected at least once every twelve months to ensure their proper functioning. In the case of fire protection systems installed before ...(19), leakage detection systems must be fitted by ...(20)*, provided safety and insurance are not compromised.

4.  Where a properly functioning appropriate leakage detection system is in place, the frequency of the checks required under paragraph 2 (b) and (c) shall be halved.

5.  In the case of fire protection systems where there is an existing inspection regime in place to meet ISO 14520 standard, these inspections may also fulfil the obligations of this Regulation as long as they are at least as frequent.

6.  Operators of the applications referred to in paragraph 1, containing 3 kg or more of fluorinated greenhouse gases, shall maintain records on the quantity and type of fluorinated greenhouse gases installed, any quantities added and the quantity recovered during servicing, maintenance and final disposal. They shall also maintain records of other relevant information including the identification of the company or technician who performed the servicing or maintenance, as well as the dates and results of the checks carried out under paragraphs 2, 3 and 4. The records shall be made available on request to the competent authority and to the Commission.

7.  By …(21), the Commission shall establish, in accordance with the procedure referred to in Article 13(2), the standard leakage checking requirements for each of the applications referred to in paragraph 1 of this Article.

Article 4

Recovery

1.  Operators of the following types of stationary equipment shall be responsible for putting in place arrangements for the proper recovery by certified personnel, who comply with the requirements of Article 5, of fluorinated greenhouse gases to ensure their recycling, reclamation or destruction:

   a) the cooling circuits of refrigeration, air conditioning and heat pump equipment;
   b) equipment containing fluorinated greenhouse gas based solvents;
   c) fire protection systems and fire extinguishers; and
   d) high-voltage switchgear.

2.  When a refillable or non-refillable fluorinated greenhouse gas container reaches the end of its life, the person utilising the container for transport or storage purposes shall be responsible for putting in place arrangements for the proper recovery of any residual gases it contains to ensure their recycling, reclamation or destruction.

3.  The fluorinated greenhouse gases contained in other products and equipment, including mobile equipment unless it is serving military operations, shall, to the extent that it is technically feasible and does not entail disproportionate cost, be recovered by appropriately qualified personnel, to ensure their recycling, reclamation or destruction.

4.  Member States shall facilitate the cross-border transport of recovered fluorinated greenhouse gases for destruction or reclamation within the European Union by allowing the competent authority of the Member State of destination to grant pre-consents to facilities that recover fluorinated greenhouse gases. Pre-consents may be limited in time and may be revoked by the competent authorities of Member States at any time.

5.  Recovery, for the purpose of recycling, reclamation or destruction of the fluorinated greenhouse gases, pursuant to paragraphs 1 to 3, shall take place before the final disposal of that equipment and, when appropriate, during its servicing and maintenance.

Article 5

Training and certification

1.  By …(22) on the basis of information received from Member States and in consultation with the relevant sectors, the Commission shall establish, in accordance with the procedure referred to in Article 13(2), minimum requirements and the conditions for mutual recognition in respect of training programmes and certification for both the companies and all relevant personnel involved in installing or maintaining the equipment concerned by this Regulation as well as for those involved in servicing or checking the equipment for the activities provided for in Articles 3 and 4.

2.  By …(23) Member States shall establish or adapt their own training and certification requirements, on the basis of the minimum requirements referred to in paragraph 1. Member States shall notify the Commission of their training and certification programmes. Member States shall give recognition to the certificates issued in another Member State and shall not restrict the freedom to provide services or the freedom of establishment for reasons relating to the certification issued in another Member State.

3.  The operator of the relevant application shall ensure that the relevant personnel have obtained the necessary certification, referred to in paragraph 2, which implies appropriate knowledge of the applicable regulations and standards as well as the necessary competence in emission prevention and recovery of fluorinated greenhouse gases and handling safely the relevant type and size of equipment.

4.  By …(24)* Member States shall ensure that the companies involved in carrying out the activities provided for in Articles 3 and 4 shall only take delivery of fluorinated greenhouse gases where their relevant personnel hold the certificates mentioned in paragraph 2 of this Article.

5.  By …(25)** the Commission shall determine, in accordance with the procedure referred to in Article 13(2), the format of the notification referred to in paragraph 2 of this Article.

Article 6

Reporting

1.  By 31 March each year from the first calendar year following entry into force of this Regulation, each producer, importer and exporter of fluorinated greenhouse gases shall communicate to the Commission by way of a report, sending the same information to the competent authority of the Member State concerned, the following data in respect of the preceding calendar year:

(a)  Each producer who produces more than one tonne of fluorinated greenhouse gases per annum shall communicate:

   its total production of each fluorinated greenhouse gas in the Community, identifying the main categories of applications (e.g. mobile air conditioning, refrigeration, air conditioning, foams, aerosols, electrical equipment, semi-conductor manufacture, solvents and fire protection) in which the substance is expected to be used;
   the quantities of each fluorinated greenhouse gas it has placed on the market in the Community;
   any quantities of each fluorinated greenhouse gas recycled, reclaimed or destroyed.

(b)  Each importer who imports more than one tonne of fluorinated greenhouse gases per annum, including any producers who also import, shall communicate:

   the quantity of each fluorinated greenhouse gas it has imported or placed on the market in the Community, separately identifying the main categories of applications (e.g. mobile air conditioning, refrigeration, air conditioning, foams, aerosols, electrical equipment, semi-conductor manufacture) in which the substance is expected to be used;
   any quantities of each used fluorinated greenhouse gas it has imported for recycling, for reclamation or for destruction.

(c)  Each exporter who exports more than one tonne of fluorinated greenhouse gases per annum, including any producers who also export, shall communicate:

   the quantities of each fluorinated greenhouse gas it has exported from the Community;
   any quantities of each used fluorinated greenhouse gas it has exported for recycling, for reclamation or for destruction.

Each owner of stationary applications referred to in Article 3(2) (b) and (c) shall obtain a registration number from the relevant competent authority for each system installed.

2.  The competent authorities shall review every two years a representative sample of the records referred to in Article 3(6), for each of the categories indicated in Article 3(2)(b) and (c), and report to the Commission estimated emissions.

3.  By …(26) the Commission shall determine, in accordance with the procedure referred to in Article 13(2), the format of the reports referred to in paragraphs 1 and 2 of this Article.

4.  The Commission shall take appropriate steps to protect the confidentiality of the information submitted to it.

5.  Member States shall establish reporting systems for the relevant sectors referred to in this Regulation, with the objective of acquiring, to the extent possible, emission data.

Article 7

Labelling

1.  Without prejudice to the provisions of Council Directive 67/548/EEC(27) and of Directive 1999/45/EC of the European Parliament and of the Council(28) in respect of the labelling of dangerous substances and preparations, the products and equipment, listed in paragraph 2, containing fluorinated greenhouse gases shall not be placed on the market unless the chemical name of the fluorinated greenhouse gases is identified by way of a label using the accepted industry nomenclature. Such label shall clearly indicate that the product or equipment contains fluorinated greenhouse gases and state their global warming potential, and this shall be clearly and indelibly stated on the product or equipment. The label shall be placed on the outside of the front or top of the product or equipment, in such a way as to be clearly visible, and not obscured. If this label is not adjacent to the service points for charging or recovering the fluorinated greenhouse gas, or on that part of the product or equipment which contains the fluorinated greenhouse gas, a second label shall be placed adjacent to these points or that part. Hermetically sealed systems shall be labelled as such.

2.  Paragraph 1 shall apply to the following types of products and equipment:

   a) refrigeration products and equipment which contain perfluorocarbons or preparations containing perfluorocarbons;
   b) refrigeration and air conditioning products and equipment (other than those contained in motor vehicles), heat pumps, fire protection systems and fire extinguishers, if the respective type of product or equipment contains hydrofluorocarbons or preparations containing hydrofluorocarbons;
   c) switchgear which contains sulphur hexafluoride or preparations containing sulphur hexafluoride; and
   d) all fluorinated greenhouse gas containers.

3.  The Commission shall establish, in accordance with the procedure referred to in Article 13(2), the form of the label to be used.

Article 8

Control of use

1.  The use of sulphur hexafluoride or preparations thereof in magnesium die-casting, except where the quantity of sulphur hexafluoride used is below 850 kg per year, shall be prohibited from 1 January 2008.

2.  The use of sulphur hexafluoride or preparations thereof for the filling of vehicle tyres shall be prohibited from …*(29).

Article 9

Placing on the market

1.  The placing on the market of products and equipment containing, or whose functioning relies upon, fluorinated greenhouse gases, as listed in Annex II, shall be prohibited as specified in that Annex.

2.  Paragraph 1 shall not apply to products and equipment shown to be manufactured before the date of entry into force of the relevant placing on the market prohibition.

Article 10

Register

1.  The Commission, assisted by the committee referred to in Article 13, shall ensure that, by ...**, a register is created with information about the marketing restrictions and proposed marketing restrictions in each Member State for products and equipment containing, or whose function relies upon, fluorinated greenhouse gases.

2.  Member States shall ensure that all information with regard to such marketing restrictions is notified to the Commission as required by Article 176 of the Treaty, so that the register can fulfil its function of providing a single point of reference for Member State requirements under Article 9 of this Regulation. The Commission shall establish, in accordance with the procedure referred to in Article 13(2), the form of the notification to be used.

3.  The information contained in the register shall be easily accessible to the public in a single document outlining the marketing restrictions in each Member State.

Article 11

Review

1.  On the basis of progress in containment or replacement of fluorinated greenhouse gases in air conditioning systems, other than those fitted to motor vehicles referred to in Council Directive 70/156/EEC of 6 February 1970 on the approximation of laws relating to the type-approval of motor vehicles and their trailers(30), and in refrigeration systems contained in modes of transport, the Commission shall review this Regulation and publish a report by 31 December 2007 at the latest. It shall present legislative proposals also with a view to applying the provisions of Article 3 to air conditioning systems, other than those fitted to motor vehicles referred to in Directive 70/156 EEC, and refrigeration systems contained in modes of transport by 31 December 2008.

2.  By …(31), the Commission shall publish a report based on the experience of the application of this Regulation. In particular, the report shall:

   a) assess the impact of relevant provisions on emissions and projected emissions of fluorinated greenhouse gases and examine the cost-effectiveness of these provisions;
   b) in the light of future assessment reports of the IPCC, assess whether additional fluorinated greenhouse gases should be added to Annex I;
   c) evaluate the training and certification programmes established by Member States under Article 5(2);
   d) assess the need for European Community standards relating to the control of emissions of fluorinated greenhouse gases from products and equipment, in particular as regards foam, including technical requirements with respect to the design of products and equipment;
   e) evaluate the effectiveness of containment measures carried out by operators under Article 3 and assess whether maximum leakage rates for installations can be established;
   f) assess and, if appropriate, may propose a modification of the reporting requirements in Article 6(1), in particular the one tonne quantitative limit to improve the practical application of those reporting requirements;
   g) assess the need for the development and dissemination of notes describing best available techniques and best environmental practices concerning the prevention and minimisation of emissions of fluorinated greenhouse gases;
   h) include an overall summary of the development, both within the Community and at an international level, of the state of technology, in particular as regards foams, experience gained, environmental requirements and any impacts on the functioning of the internal market;
   i) assess whether the substitution of sulphur hexafluoride in sand casting, permanent mould casting and high-pressure die-casting is technically feasible and cost-effective and, if appropriate, propose a revision of Article 8(1) by 1 January 2009; it shall also review the exemption contained in Article 8(1) in the light of further assessment of the available alternatives by 1 January 2010;
   j) assess whether the inclusion of further products and equipment containing fluorinated greenhouse gases in Annex II is technically feasible, energy-efficient and cost-effective and, if appropriate, make proposals to amend Annex II in order to include such further products and equipment;
   k) assess whether Community provisions concerning the global warming potential of fluorinated greenhouse gases should be amended; any changes should take account of technological and scientific developments and the need to respect industrial product planning timescales.

3.  Where necessary, the Commission shall present appropriate proposals for revision of the relevant provisions of this Regulation.

Article 12

Promotion of alternatives

1.  Without prejudice to the Treaty and in particular Article 87 thereof, Member States shall promote the placing on the market of equipment using alternatives to gases with a high global warming potential taking into account the energy-efficiency benefits provided by certain gases in certain applications, such as insulation. They shall notify to the Commission all measures introducing any sort of ban in addition to those following from Article 9 of this Regulation.

2.  Paragraph 1 shall apply to the following types of products and equipment:

   a) refrigeration products and equipment;
   b) air conditioning products and equipment (other than those contained in motor vehicles);
   c) foams.

Article 13

Committee

1.  The Commission shall be assisted by the Committee instituted by Article 18 of Regulation (EC) No 2037/2000.

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

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

3.  The Committee shall adopt its Rules of Procedure.

Article 14

Penalties

1.  Member States shall lay down rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that such rules are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

2.  Member States shall notify the rules on penalties to the Commission by …(32) and shall also notify it without delay of any subsequent amendment affecting those rules.

Article 15

Entry into force

This Regulation shall enter into force twelve months following the date 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

Part 1

Fluorinated greenhouse gases referred to in Article 2(1)

Fluorinated greenhouse gas

Chemical Formula

Global Warming Potential

Sulphur hexafluoride

SF6

22 200

Hydrofluorocarbons (HFCs):

HFC-23

CHF3

12 000

HFC-32

CH2F2

550

HFC-41

CH3F

97

HFC-43-10mee

C5H2F10

1 500

HFC-125

C2HF5

3 400

HFC-134

C2H2F4

1 100

HFC-134a

CH2FCF3

1 300

HFC-152a

C2H4F2

120

HFC-143

C2H3F3

330

HFC-143a

C2H3F3

4 300

HFC-227ea

C3HF7

3 500

HFC-236cb

CH2FCF2CF3

1300

HFC-236ea

CHF2CHFCF3

1 200

HFC-236fa

C3H2F6

9 400

HFC-245ca

C3H3F5

640

HFC-245fa

CHF2CH2CF3

950

HFC-365mfc

CF3CH2CF2CH3

890

Perfluorocarbons (PFCs):

Perfluoromethane

CF4

5 700

Perfluoroethane

C2F6

11 900

Perfluoropropane

C3F8

8 600

Perfluorobutane

C4F10

8 600

Perfluoropentane

C5F12

8 900

Perfluorohexane

C6F14

9 000

Perfluorocyclobutane

c-C4F8

10 000

Part 2

Method of calculating the total global warming potential (GWP) for a preparation

The total GWP for a preparation is a weighted average, derived from the sum of the weight fractions of the individual substances multiplied by their GWPs.

Σ (Substance X % x GWP) + (Substance Y % x GWP) + … (Substance N % x GWP)

where % is the contribution by weight with a weight tolerance of +/- 1%.

For example: applying the formula to a theoretical blend of gases consisting of 23% HFC-32; 25% HFC-125 and 52% HFC-134a;

Σ (23% x 550) + (25% x 3 400) + (52% x 1 300)

⇒ Total GWP = 1 652,5

ANNEX II

Placing on the market prohibitions in accordance with Article 9

Fluorinated greenhouse gases

Products and equipment

Date of prohibition

Fluorinated greenhouse gases

Non-refillable containers

Date of entry into force

Hydrofluorocarbons and perfluorocarbons

Non-confined direct-evaporation systems containing refrigerants

Date of entry into force

Perfluorocarbons

Fire protection systems and fire extinguishers

Date of entry into force

Fluorinated greenhouse gases

Windows for domestic use

Date of entry into force

Fluorinated greenhouse gases

Other windows

One year after the date of entry into force

Fluorinated greenhouse gases

Footwear

1 July 2006

Fluorinated greenhouse gases

Tyres

Date of entry into force

Fluorinated greenhouse gases

One component foams, except when required to meet national safety standards

One year after the date of entry into force

Hydrofluorocarbons

Novelty aerosols

Two years after the date of entry into force

(1) OJ C 183 E, 26.7.2005, p. 1.
(2) OJ C 103 E, 29.4.2004, p. 600.
(3) Not yet published in OJ.
(4) OJ C 108, 30.4.2004, p. 62.
(5) Position of the European Parliament of 31 March 2004 (OJ C 103 E, 29.4.2004, p. 600), Council Common Position of 21 June 2005 (OJ C 183 E, 26.7.2005, p. 1) and Position of the European Parliament of 26 October 2005.
(6) Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (OJ L 242, 10.9.2002, p. 1).
(7) OJ L 33, 7.2.1994, p. 11.
(8) OJ L 130, 15.5.2002, p. 1.
(9) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
(10) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003.
(11) OJ L 269, 21.10.2000, p. 34. Directive as amended by Commission Decision 2002/525/EC (OJ L 170, 29.6.2002, p. 81).
(12) OJ L 37, 13.2.2003, p. 24. Directive as amended by Directive 2003/108/EC (OJ L 345, 31.12.2003, p. 106).
(13)* OJ L ...
(14) OJ L 184, 17.7.1999, p. 23.
(15) OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Commission Regulation (EC) No 2077/2004 (OJ L 359, 4.12.2004, p. 28).
(16) IPCC Third Assessment Climate Change 2001. A Report of the Intergovernmental Panel on Climate Change (http://www.ipcc.ch/pub/reports.htm).
(17) For the calculation of the GWP of non-fluorinated greenhouse gases in preparations, the values published in the First IPCC Assessment shall apply, see: Climate Change, The IPCC Scientific Assessment, J.T. Houghton, G.J. Jenkins, J.J. Ephraums (ed.), Cambridge University Press, Cambridge (UK) 1990.
(18) Directive 94/48/EC of the European Parliament and of the Council of 7 December 1994 amending for the 13th time Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (OJ L 331, 21.12.1994, p. 7).
(19)* Date of entry into force of this Regulation.
(20)** Three years after the date of entry into force of this Regulation.
(21)* Date of entry into force of this Regulation.
(22)* Date of entry into force of this Regulation.
(23)* One year after the date of entry into force of this Regulation.
(24)** Two years after the date of entry into force of this Regulation.
(25)*** Date of entry into force of this Regulation.
(26)* Date of entry into force of this Regulation.
(27) Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 196, 16.8 1967, p. 1). Directive as last amended by Commission Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).
(28) Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ L 200, 30.7.1999, p. 1). Directive as last amended by Council Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).
(29)* Date of entry into force of this Regulation.** One year after the date of entry into force of this Regulation.
(30) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2004/104/EC (OJ L 337, 13.11.2004, p. 13).
(31)* Four years after the date of entry into force of this Regulation.
(32)* One year after the date of entry into force of this Regulation.


Emissions from motor vehicle air-conditioning systems ***II
PDF 341kWORD 95k
Resolution
Consolidated text
European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (16182/4/2004 – C6-0222/2005 – 2003/0189B(COD))
P6_TA(2005)0401A6-0294/2005

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (16182/4/2004 – C6-0222/2005)(1),

–   having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2003)0492)(3),

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

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0294/2005),

1.  Approves the common position as amended;

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

Position of the European Parliament adopted at second reading on 26 October 2005 with a view to the adoption of Directive 2005/.../EC of the European Parliament and of the Council relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC

P6_TC2-COD(2003)0189B


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,

Having regard to the Opinion of the European Economic and Social Committee(4),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(5),

Whereas:

(1)  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 that 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 air conditioning systems should be harmonised to avoid the adoption of requirements that differ from one Member State to another and to ensure the proper functioning of the internal market.

(2)  A growing number of Member States intend to regulate the use of air conditioning systems in motor vehicles as a consequence of Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder(6). The Decision commits the Community and its Member States to reduce their aggregate anthropogenic emissions of greenhouse gases listed in Annex A to the Kyoto Protocol by 8% compared to 1990 levels in the period from 2008 to 2012. The uncoordinated implementation of these commitments carries the risk of creating barriers to the free movement of motor vehicles in the Community. Therefore it is appropriate to lay down the requirements to be fulfilled by air conditioning systems fitted to vehicles in order to be allowed on the market and to prohibit from a certain date air conditioning systems designed to contain fluorinated greenhouse gases with a global warming potential higher than 150.

(3)  Emissions of hydrofluorocarbon-134a (HFC-134a), which has a global warming potential of 1300, from air-conditioning systems in motor vehicles are of growing concern because of their impact on climate change. Cost-effective and safe alternatives to HFC-134a are expected to be available in the near future. A review should be carried out to establish, in the light of progress in potential containment of emissions from, or replacement of, fluorinated greenhouse gases in such systems, whether this Directive should be extended to other categories of motor vehicle and whether the provisions concerning the global warming potential of these gases should be amended, taking account of technological and scientific developments and the need to respect industrial product planning timescales.

(4)  In order to ensure that the prohibition of certain fluorinated greenhouse gases is effective, there is a need to limit the possibility of retrofitting motor vehicles with air conditioning systems designed to contain fluorinated greenhouse gases with a global warming potential higher than 150 and to prohibit filling air conditioning systems with such gases.

(5)  In order to limit the emissions of certain fluorinated greenhouse gases from air conditioning systems in motor vehicles it is necessary to establish limit values for leakage rates and the test procedure for the assessment of leakage in air conditioning systems designed to contain fluorinated greenhouse gases with a global warming potential higher than 150 which are fitted to motor vehicles.

(6)  In order to contribute to the fulfilment of the commitments of the Community and its Member States under the UN Framework Convention on Climate Change, the Kyoto Protocol and Decision 2002/358/EC, Regulation (EC) No /2005 of the European Parliament and of the Council of ... on certain fluorinated greenhouse gases(7) and this Directive, which both contribute to the reduction of emissions of fluorinated greenhouse gases, should be adopted and published in the Official Journal of the European Union simultaneously.

(7)  Any manufacturer of vehicles should make available to the approval authority all relevant technical information regarding the installed air conditioning systems and the gases used in them. In the case of air conditioning systems designed to contain fluorinated greenhouse gases with a global warming potential higher than 150, the manufacturer should also make available the leakage rate of these systems.

(8)  The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(8).

(9)  This Directive is one of the separate directives of the EC type-approval procedure which was 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(9). Consequently, Directive 70/156/EEC should be amended accordingly.

(10)  Since the objectives of this Directive, namely to control the leakage of the specific fluorinated greenhouse gases in the air conditioning systems fitted to vehicles and to prohibit from a certain date air conditioning systems designed to contain fluorinated greenhouse gases with a global warming potential higher than 150, cannot be sufficiently achieved by the Member States acting alone and can therefore, by reason of the scale and effects of this Directive, be better achieved at Community level, 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 Directive does not go beyond what is necessary in order to achieve those objectives.

(11)  In accordance with paragraph 34 of the Interinstitutional agreement on better law-making(10), Member States are encouraged to draw up, for themselves and in the interests of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter

This Directive lays down the requirements for the EC type-approval or national type-approval of vehicles as regards emissions from, and the safe functioning of, air conditioning systems fitted to vehicles. It also lays down provisions on retrofitting and refilling of such systems.

Article 2

Scope

The Directive shall apply to motor vehicles of categories M1 and N1 as defined in Annex II of Directive 70/156/EEC. For the purpose of this Directive, vehicles of category N1 are limited to those of class I as described in the first table in point 5.3.1.4 of Annex I to Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles(11), as inserted by Council Directive 98/69/EC(12).

Article 3

Definitions

For the purposes of this Directive the following definitions shall apply:

   1) "vehicle" means any motor vehicle falling within the scope of this Directive;
   2) "vehicle type" means a type as defined in section B of Annex II of Directive 70/156/EEC;
   3) "air conditioning system" means any system whose main purpose is to decrease the air temperature and humidity of the passenger compartment of a vehicle;
   4) "dual evaporator system" means a system where one evaporator is mounted in the engine compartment and the other in a different compartment of the vehicle; all other systems shall be considered "single evaporator systems";
   5) "fluorinated greenhouse gases" means hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6) as referred to in Annex A of the Kyoto Protocol and preparations containing these substances, but excludes substances controlled under Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer(13);
   6) "hydrofluorocarbon" means an organic compound consisting of carbon, hydrogen and fluorine, and where no more than six carbon atoms are contained in the molecule;
   7) "perfluorocarbon" means an organic compound consisting of carbon and fluorine only, and where no more than six carbon atoms are contained in the molecule;
   8) "global warming potential" means the climatic warming potential of a fluorinated greenhouse gas relative to that of carbon dioxide. The global warming potential (GWP) is calculated in terms of the 100 year warming potential of one kilogram of a gas relative to one kilogram of CO2. The relevant GWP figures are those published in the third assessment report (TAR) adopted by the Intergovernmental Panel on Climate Change ("2001 IPCC GWP values")(14);
   9) "preparation" means a mixture composed of two or more substances at least one of which is a fluorinated greenhouse gas. The total global warming potential(15) of the preparation shall be determined in accordance with Part 2 of the Annex;
   10) "retrofitting" means installing an air conditioning system in a vehicle after it has been registered.

Article 4

Obligations of the Member States

1.  Member States shall grant, as appropriate, EC type-approval or national type-approval, with regard to emissions from air conditioning systems, only to vehicle types that satisfy the requirements of this Directive.

2.  For the purpose of granting whole vehicle type-approval pursuant to Article 4(1)(a) of Directive 70/156/EEC, Member States shall ensure that manufacturers supply information on the type of refrigerant used in air conditioning systems fitted to new motor vehicles.

3.  For the purpose of type-approval of vehicles fitted with air conditioning systems designed to contain a fluorinated greenhouse gas with a global warming potential higher than 150, Member States shall ensure that, in accordance with the harmonised leakage detection test referred to in Article 7(1), the leakage rate of such gases shall not exceed the maximum permissible limits laid down in Article 5.

Article 5

Type-approval

1.  With effect from six months from the date of adoption of a harmonised leakage detection test, Member States may not, on grounds relating to emissions from air conditioning systems:

   a) refuse, in respect of a new type of vehicle, to grant EC type-approval, or national type approval, or
   b) prohibit registration, sale or entry into service of new vehicles
  

if the vehicle fitted with an air conditioning system designed to contain fluorinated greenhouse gases with a global warming potential higher than 150 complies with the requirements of this Directive.

2.  With effect from 12 months from the date of adoption of a harmonised leakage detection test or 1 January 2007, whichever is later, Member States shall no longer grant EC type-approval or national type-approval for a type of vehicle fitted with an air conditioning system designed to contain fluorinated greenhouse gases with a global warming potential higher than 150, unless the rate of leakage from that system does not exceed 40 grams of fluorinated greenhouse gases per year for a single evaporator system, or 60 grams of fluorinated greenhouse gases per year for a dual evaporator system.

3.  With effect from 24 months from the date of adoption of a harmonised leakage detection test or 1 January 2008, whichever is later, in respect of new vehicles fitted with air conditioning systems designed to contain fluorinated greenhouse gases with a global warming potential higher than 150, unless the rate of leakage from that system does not exceed 40 grams of fluorinated greenhouse gases per year for a single evaporator system or 60 grams of fluorinated greenhouse gases per year for a dual evaporator system, Member States shall:

   a) consider certificates of conformity to be no longer valid for the purposes of Article 7(1) of Directive 70/156/EEC, and
   b) refuse registration and prohibit sale and entry into service.

4.  With effect from 1 January 2011 Member States shall no longer grant EC type-approval or national type-approval for a type of vehicle fitted with an air conditioning system designed to contain fluorinated greenhouse gases with a global warming potential higher than 150.

5.  With effect from 1 January 2017, in respect of new vehicles which are fitted with an air conditioning system designed to contain fluorinated greenhouse gases with a global warming potential higher than 150, Member States shall:

   a) consider certificates of conformity to be no longer valid for the purposes of Article 7(1) of Directive 70/156/EEC, and
   b) refuse registration and prohibit sale and entry into service.

6.  Member States may, with immediate effect, promote the installation of air conditioning systems using a gas, such as CO2, that is efficient and which has a low global warming potential. If Member States introduce fiscal or other incentives to encourage the installation of systems with a lower global warming potential, they shall notify these measures to the Commission.

Article 6

Retrofitting and refilling

1.  With effect from 1 January 2011, air conditioning systems designed to contain fluorinated greenhouse gases with a global warming potential higher than 150 shall not be retrofitted to vehicles type-approved from that date. With effect from 1 January 2017, such air conditioning systems shall not be retrofitted to any vehicles.

2.  Air conditioning systems fitted to vehicles type-approved on or after 1 January 2011 shall not be filled with fluorinated greenhouse gases with a global warming potential higher than 150. With effect from 1 January 2017 air conditioning systems in all vehicles shall not be filled with fluorinated greenhouse gases with a global warming potential higher than 150, with the exception of refilling of air conditioning systems containing those gases, which have been fitted to vehicles before that date.

3.  Service providers offering service and repair for air conditioning systems shall not fill such equipment with fluorinated greenhouse gases if an abnormal amount of the refrigerant has leaked from the system, until the necessary repair has been completed.

Article 7

Implementing measures

1.  By …(16) the Commission shall adopt the measures for the implementation of Article 4 and Article 5, and in particular:

   a) the administrative provisions for the EC type-approval of vehicles; and
   b) a harmonised leakage detection test for measuring the leakage rate of fluorinated greenhouse gases with a global warming potential higher than 150 from air conditioning systems.

2.  The Commission shall adopt the measures in accordance with the procedure referred to in Article 13 of Directive 70/156/EEC.

3.  The Commission shall publish these measures in the Official Journal of the European Union.

4.  The procedure referred to in paragraph 2 shall apply to the adoption, where appropriate, of:

   a) measures needed to ensure the safe functioning and proper servicing of refrigerants in mobile air conditioning systems;
   b) measures relating to the retrofitting of in-use vehicles with air conditioning systems and the refilling of in-use air conditioning systems to the extent not covered by Article 6;
   c) the adaptation of the method for determining the relevant global warming potential of preparations.

Article 8

Review

1.  On the basis of progress in potential containment of emissions from, or replacement of, fluorinated greenhouse gases in air conditioning systems fitted to motor vehicles, the Commission shall examine whether:

   the present legislation should be extended to other categories of vehicles, in particular categories M2 and M3 as well as classes II and III of category N1; and
   Community provisions concerning the global warming potential of fluorinated greenhouse gases should be amended; any changes should take account of technological and scientific developments and the need to respect industrial product planning timescales,
  

and shall publish a report by ...(17). Where necessary, it shall present appropriate legislative proposals.

2.  Where a fluorinated greenhouse gas with a global warming potential higher than 150, which is not yet covered by the IPCC report referred to in Article 3(8), is included in a future report of the IPCC, the Commission shall assess whether it is appropriate to amend this Directive in order to include that gas. If the Commission considers it necessary, it shall, in accordance with the procedure referred to in Article 13 of Directive 70/156/EEC:

   adopt the necessary measures; and
   define transition periods for the application of these measures. In doing so the Commission shall strike a balance between the need for an appropriate lead-time and the risk that the fluorinated greenhouse gas poses to the environment.

Article 9

Amendments to Directive 70/156/EEC

Directive 70/156/EEC is hereby amended in accordance with Part 1 of the Annex to this Directive.

Article 10

Transposition

1.  Member States shall adopt and publish by …(18) the laws, regulations and administrative provisions necessary to comply with this Directive.

They shall apply those measures from …(19)*.

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.

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

Article 11

Entry into force

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

Article 12

Addressees

This Directive is addressed to the Member States.

Done at

For the European Parliament For the Council

The President The President

ANNEX

Part 1

Directive 70/156/EEC is amended as follows:

1.  In Annex IV, part I, a new item numbered [61], and footnote, is inserted as follows:

"

Subject

Directive No

Official Journal reference

Applicability

M1

M2

M3

N1

N2

N3

O1

O2

O3

O4

[61]. Air conditioning system

[…./…/EC]

L .., …, p. ..

X

X (8)

(8) Only for vehicles of category N1, class I as described in the first table in point 5.3.1.4 of Annex I to Directive 70/220/EEC as inserted by Directive 98/69/EC.

"

2.  Annex XI is amended as follows:

a)   in Appendix 1 a new item numbered [61] is inserted as follows:

"

Item

Subject

Directive No

M1 ≤ 2 500

(1) kg

M1 > 2 500

(1) kg

M2

M3

[61]

Air conditioning system

[…./…/EC]

X

X

"

b)   in Appendix 2 a new item numbered [61] is inserted as follows:

"

Item

Subject

Directive No

M1

M2

M3

N1

N2

N3

O1

O2

O3

O4

[61]

Air conditioning system

[…./…/EC]

X

W

"

c)   in Appendix 3 a new item numbered [61] is inserted as follows:

"

Item

Subject

Directive No

M2

M3

N1

N2

N3

O1

O2

O3

O4

[61]

Air conditioning system

[…../…/EC]

W

"

d)   in "Meaning of letters" the following letter is added:

"

W Only for vehicles of category N1, class I as described in the first table in point 5.3.1.4. of Annex I to Directive 70/220/EEC as inserted by Directive 98/69/EC

"

Part 2

Method of calculating the total global warming potential (GWP) for a preparation

The total GWP for a preparation is a weighted average, derived from the sum of the weight fractions of the individual substances multiplied by their GWPs.

Σ (Substance X% x GWP) + (Substance Y% x GWP) + …..(Substance N% x GWP)

where % is the contribution by weight with a weight tolerance of +/- 1%.

For example: applying the formula to a theoretical blend of gases consisting of 23% HFC-32; 25% HFC-125 and 52% HFC-134a;

Σ (23% x 550) + (25% x 3400) + (52% x 1 300)

⇒ Total GWP = 1 652,5.

(1) OJ C 183 E, 26.7.2005, p. 17.
(2) OJ C 103 E, 29.4.2004, p. 600.
(3) Not yet published in OJ.
(4) OJ C 108, 30.4.2004, p. 62.
(5) Position of the European Parliament of 31 March 2004 (OJ C 103 E, 29.4.2004, p. 600), Council Common Position of 21 June 2005 (OJ C 183 E, 26.7.2005, p. 17) and Position of the European Parliament of 26 October 2005.
(6) OJ L 130, 15.5.2002, p. 1.
(7)* OJ L
(8) OJ L 184, 17.7.1999, p. 23.
(9) OJ L 42, 23.2.1970, p. 1. Directive as last amended by Commission Directive 2005/49/EC (OJ L 194, 26.7.2005, p. 12).
(10) OJ C 321, 31.12.2003, p. 1.
(11) OJ L 76, 6.4. 1970, p. 1. Directive as last amended by Commission Directive 2003/76/EC (OJ L 206, 15.8.2003, p. 29).
(12) OJ L 350, 28.12.1998, p. 1.
(13) OJ L 244, 29.9.2000, p. 1. Regulation as last amended by Commission Regulation (EC) No 2077/2004 (OJ L  359, 4.12.2004, p. 28).
(14) IPCC Third Assessment Climate Change 2001. A Report of the Intergovernmental Panel on Climate Change (http://www.ipcc.ch/pub/reports.htm).
(15) For the calculation of the GWP of non-fluorinated greenhouse gases in preparations, the values published in the First IPCC Assessment shall apply, see: Climate Change, The IPCC Scientific Assessment, J.T. Houghton, G.J. Jenkins, J.J. Ephraums (ed.), Cambridge University Press, Cambridge (UK) 1990.
(16)* One year after the date of entry into force of this Directive.
(17)* Five years after the date of entry into force of this Directive.
(18)* 18 months after the date of entry into force of this Directive.
(19)** 18 months and one day after the date of entry into force of this Directive.


Noise emissions ***I
PDF 252kWORD 84k
Resolution
Consolidated text
European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2000/14/EC on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors (COM(2005)0370 – C6-0250/2005 – 2005/0149(COD))
P6_TA(2005)0402A6-0296/2005

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0370)(1),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0250/2005),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0296/2005),

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 26 October 2005 with a view to the adoption of Directive 2005/.../EC of the European Parliament and of the Council amending Directive 2000/14/EC on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors

P6_TC1-COD(2005)0149


(Text with EEA relevance)

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,

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

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

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

Whereas:

(1)  Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors(5) has been the subject of a review by a group of experts set up by the Commission services, the Working Group on Outdoor Equipment.

(2)  In its report dated 8 July 2004, the Working Group on Outdoor Equipment concluded that a number of the stage II limits due to be mandatorily applied as from 3 January 2006 were not technically feasible. However, the intention was never to restrict the placing on the market or putting into service of equipment solely based on technical feasibility.

(3)  It is therefore necessary to provide that certain types of equipment listed in Article 12 of Directive 2000/14/EC, which would not be able to meet the stage II limits by 3 January 2006 solely for technical reasons, can still be placed on the market and/or put into service by that date.

(4)  The experience of the first five years of application of Directive 2000/14/EC has demonstrated that more time is needed to fulfil the provisions under Articles 16 and 20 thereof and also the need to review the Directive with a view to its possible amendment, in particular with respect to the stage II limits referred to therein. It is therefore necessary to extend the deadline for submission of the report to the European Parliament and to the Council on the Commission's experience in implementing and administering Directive 2000/14/EC as referred to in Article 20(1) of that Directive by two years.

(5)  Article 20(3) of Directive 2000/14/EC provides for the submission, by the Commission, of a report to the European Parliament and to the Council on whether, and to what extent, technical progress allows a reduction of limit values for lawnmowers and lawn trimmers/lawn-edge trimmers. In view of the fact that the obligations contained at Article 20(1) are more prescriptive than those at Article 20(3) and in order to avoid duplication of effort it is appropriate to include these types of equipment in the general report provided for in Article 20(1) of the Directive. Consequently the separate reporting obligation in Article 20(3) of the Directive should be deleted.

(6)  Since the objectives of those amendments, namely, to ensure the ongoing functioning of the internal market by requiring equipment used outdoors to comply with harmonised environmental noise provisions, cannot be sufficiently achieved by Member States acting alone and can therefore, by reason of their scale and effects, be better achieved at Community level, 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, these amendments do not go beyond what is necessary in order to achieve those objectives by limiting their scope to those types of equipment for which compliance with the stage II limits is presently impossible for technical reasons.

(7)  In accordance with paragraph 34 of the Interinstitutional agreement on better law making(6), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures, and to make them public.

(8)  Directive 2000/14/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 2000/14/EC shall be amended as follows:

(1)  The table in Article 12 is replaced by the following

"Type of equipment

Net installed power P (in kW)

Electric power

Pel (1) in kW

Mass of appliance

m in kg

Cutting width

L in cm

Permissible sound power level

in dB/1 pW

Stage I

as from 3 January 2002

Stage II

as from 3 January 2006

Compaction machines (vibrating

P ≤ 8

108

105(2)

rollers, vibratory plates, vibratory

8 < P ≤ 70

109

106(2)

rammers)

P > 70

89 + 11 lg P

86 + 11 lg P(2)

Tracked dozers, tracked loaders,

P ≤ 55

106

103 (2)

tracked excavator-loaders

P > 55

87 + 11 lg P

84 + 11 lg P(2)

Wheeled dozers, wheeled loaders, wheeled excavator-loaders,

dumpers,

graders,

loader-type landfill compactors, combustion-engine

P ≤ 55

104

101(2) (3)

driven counter-balanced lift trucks, mobile cranes, compaction machines (non-vibrating rollers), paver-finishers, hydraulic power packs

P > 55

85 + 11 lg P

82 + 11 lg P(2) (3)

Excavators,

builders" hoists for the transport of

goods,

P ≤ 15

96

93

construction winches,

motor hoes

P > 15

83 + 11 lg P

80 + 11 lg P

Hand-held concrete-

m ≤ 15

107

105

breakers and picks

15 < m < 30

94 + 11 lg m

92 + 11 lg m(2)

m > 30

96 + 11 lg m

94 + 11 lg m

Tower cranes

98 + lg P

96 + lg P

Welding and power

Pel ≤ 2

97 + lg Pel

95 + lg Pel

generators

2 < Pel ≤ 10

98 + lg Pel

96 + lg Pel

10 > Pel

97 + lg Pel

95 + lg Pel

Compressors

P ≤ 15

99

97

P > 15

97 + 2 lg P

95 + 2 lg P

Lawnmowers,

L ≤50

96

94(2)

lawn trimmers/lawn-

50 < L ≤ 70

100

98

edge trimmers

70 < L ≤ 120

100

98(2)

L > 120

105

103(2)

(1) Pel for welding generators: conventional welding current multiplied by the conventional load voltage for the lowest value of the duty factor given by the manufacturer.

Pel for power generators: prime power according to ISO 8528-1:1993, clause 13.3.2

(2) The figures for stage II are indicative only for the following types of equipment:

- Walk- behind vibrating rollers;

- Vibratory plates (>3kW);

- Vibratory rammers;

- Dozers (steel tracked);

- Loaders (steel tracked > 55 kW);

- Combustion-engine driven counterbalanced lift trucks;

- Compacting screed paver-finishers;

- Hand-held internal combustion-engine concrete-breakers and picks (15<m<30)

- Lawnmowers, lawn trimmers/lawn-edge trimmers.

Definitive figures will depend on amendment of the Directive following the report required in Article

20(1). In the absence of any such amendment, the figures for stage I will continue to apply for stage

II.

(3) For single-engine mobile cranes, the figures for Stage I shall continue to apply until 3 January 2008. After that date, Stage II figures shall apply.

The permissible sound power level shall be rounded up or down to the nearest whole number (less than 0.5, use lower number; greater than or equal to 0.5, use higher number)

(2)  Article 20 is amended as follows:

(a)  Paragraph 1 is amended as follows:

In the first sentence, the words "Not later than 3 January 2005" are replaced by "Not later than 3 January 2007";

(b)  Paragraph 3 is deleted.

Article 2

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2005 at the latest. They shall forthwith communicate to the Commission the text of those measures.

They shall apply those measures from 3 January 2006.

When Member States adopt those measures, they shall contain a reference to this Directive or 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.

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

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at

For the European Parliament For the Council

The President The President

(1) Not yet published in OJ.
(2) Opinion delivered on 27 October 2005.
(3) OJ C
(4) Position of the European Parliament of 26 October 2005.
(5) OJ L 162, 3.7.2000, p. 1.
(6) OJ C 321, 31.12.2003, p. 1.


Trans-European transport networks and energy ***I
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Resolution
Consolidated text
European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council determining the general rules for the granting of Community financial aid in the field of the trans-European transport networks and energy and amending Council Regulation (EC) No 2236/95 (COM(2004)0475 – C6-0086/2004 – 2004/0154(COD))
P6_TA(2005)0403A6-0283/2005

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0475)(1),

–   having regard to Article 251(2) and Article 156 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0086/2004),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Budgets and the opinions of the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A6-0283/2005),

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.  Points out that the appropriations indicated in the legislative proposal beyond 2006 are subject to the decision on the next multiannual financial framework;

4.  Calls on the Commission, once the next multiannual financial framework is adopted, to present, if appropriate, a proposal to adjust the financial reference amount for the implementation of the proposed regulation;

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

Position of the European Parliament adopted at first reading on 26 October 2005 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2005 determining the general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks and amending Council Regulation (EC) No 2236/95

P6_TC1-COD(2004)0154


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 156 thereof,

Having regard to the proposal from the Commission,

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

After consulting the Committee of the Regions,

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

Whereas:

(1)  The Barcelona Council of 15 and 16 March 2002 underlined in its conclusions that "strong and integrated networks in the energy and transport sectors are a keystone in the European internal market and that better use of the existing networks and the setting up of missing links will make it possible to increase effectiveness and competitiveness and to guarantee an appropriate level of quality, and the reduction of saturation points and, therefore, better long-term viability. These needs come within the framework of the strategy adopted by the Heads of State and government at the European Council held in Lisbon on 23 and 24 March 2000, which has since then been regularly referred to.

(2)  The European Council of 12 and 13 December 2003 approved the European Action for Growth, calling on the Commission to re-orient expenditure, if necessary, towards investments in physical capital, in particular investments in the infrastructure of the trans-European networks (TENs), the priority projects of which represent essential elements to strengthen the cohesion of the internal market.

(3)  The delays recorded for the realisation of effective trans-European connections, in particular the cross-border sections, are likely to disable seriously the competitiveness of the European Union, its Member States and peripheral regions which will not be able, or will no longer be able, to profit fully from the beneficial effects of the single market.

(4)  In Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network(4), as amended by Decision No 884/2004/EC, the cost between now and 2020 to supplement the trans-European transport network (TEN-T) was considered at EUR 600 billion. Investments necessary for the priority projects within the meaning of Annex III of that Decision alone account for almost EUR 140 billion for the period 2007-2013.

(5)  In its resolution of 8 June 2005 on Policy Challenges and Budgetary Means of the enlarged Union 2007-2013(5), the European Parliament underlined the strategic importance of transport networks for final consolidation of the single market and for closer EU relations with candidate, pre-candidate and 'ring of friends' countries. Moreover it also expressed its willingness to examine innovative financing instruments such as loan guarantees, European concessions, European loans and an interest relief fund.

(6)  To achieve these goals, both the Council and Parliament put forward the need to strengthen and adapt the financial instruments through an increase in the level of Community co-financing, by providing for the possibility of applying a higher Community co-financing rate, in particular for projects characterised by their cross-border nature, their transit function, or the crossing of natural barriers.

(7)  Decision No ..../..../EC of the European Parliament and of the Council of ... [laying down guidelines for trans-European energy networks and repealing Decisions 96/391/EC and No 1229/2003/EC](6) identifies the objectives, the priorities for action and projects of common interest to supplement and develop these networks, including the priority projects. Necessary investments, to make it possible for all the Member States to take part fully in the internal market and to supplement interconnections with neighbouring countries, are about EUR 28 billion between now and 2013, for individual priority projects. The latter amount includes approximately EUR 8 billion of investments to be made in third countries.

(8)  The European Council of 12 and 13 December 2003 also called on the Commission to continue studying the need to create a specific Community guarantee instrument intended to cover certain post-construction risks under the framework of TEN transport projects. With regard to energy, the Council called on the Commission to re-orient, if necessary, expenditure towards investments in physical capital in order to stimulate growth.

(9)  Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the granting of Community financial aid in the field of the trans-European networks(7), as amended by Regulations (EC) No 1655/1999 and (EC) No 807/2004 of the European Parliament and of the Council already represents real progress, since it permits the projects declared as having priority a higher financing rate, changed to 20%(8). There remains nevertheless a tributary of implementation rules which deserve simplification and an overall budget of limited resources. It appears therefore necessary, in addition to public national and private financing, to increase Community aid in terms of both amounts and rates of intervention, with a view to strengthening the leverage action of the Community funds and thus making it possible to carry out the priority projects decided upon.

(10)  In light of developments in each component of the trans-European networks - transport, energy and telecommunications - and of their intrinsic characteristics, and with a view to more effective management of each programme, it is advisable to enact a separate regulation for the fields of transport and energy, which have been covered until now by Regulation (EC) No 2236/95.

(11)  By this Regulation, it is appropriate to establish a programme determining the general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks. The purpose of this programme is to contribute to the reinforcement of the internal market and have a stimulating effect on the competitiveness, sustainable development and growth of the Community, while having due regard for the 'acquis communautaire', in particular as regards the environment.

(12)  Given that the objective of implementation of the trans-European transport and energy networks cannot be sufficiently achieved by the Member States acting alone, taking into account, in particular, the need for coordination of the national operations, and can, therefore, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity 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 to achieve that objective.

(13)  This programme must be characterised by Community financial aid focused on the projects or parts of projects presenting the highest European added value and must seek to encourage the actors to accelerate the implementation of the priority projects in the decisions concerning the guidelines as regards transport and energy, referred to in recitals 4 and 7.

(14)  Community financial aid is granted with the aim of developing investment projects in the trans-European transport and energy networks to provide firm financial commitments, to mobilise institutional investors and to prompt the formation of financing partnerships between the public and private sectors. In the energy sector, financial assistance has mainly to help to surmount the financial obstacles which can arise at the time of the preparation of projects and at the time of their preliminary development prior to the commencement of construction, and must be concentrated on the cross-border sections of the priority projects and on interconnections with neighbouring countries.

(15)  Community financial aid should be able to take several forms, namely direct subsidy, interest rebate, loan guarantee instruments or participation in the funds of venture capital, and should also be able to cover specific risks following the construction phase. Regardless of its form, Community financial aid should be granted in accordance with the provisions of the Financial Regulation(9) and its implementing rules.

(16)  The Community should recognise cross-financing of TEN projects by way of toll supplements as a further means of speeding up the completion of other TEN projects and should be careful to comply with the detailed arrangements laid down by the European Parliament and the Council.

(17)  For the implementation of Community financial support for large-scale projects spreading across several years, it is advisable to allow a commitment from the Community on a multi-annual basis, differentiating by project financed, by multi-annual programme authorisation and by annual payment appropriation. Indeed, only definite, attractive financial commitments, binding the Community in the long term, will make it possible to reduce the uncertainties connected with the completion of these projects and to mobilise both public and private investors.

(18)  The European Union should seek to encourage public-private forms of financing, whether institutional or contractual, which have proved to be effective, by means of legal guarantees which are compatible with competition law and the internal market, and by endeavouring to spread good practice among the Member States.

(19)  Close attention must be given to effective coordination of all the Community projects affecting the trans-European networks, in particular the financing resulting from the Structural Funds and from the Cohesion Fund and the interventions of the European Investment Bank.

(20)  This Regulation establishes, for the duration of the programme, a total appropriation which constitutes for the budgetary authority the privileged reference within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission, on budgetary discipline and the improvement of the budgetary procedure(10).

(21)  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(11).

(22)  In view of the adoption, by this Regulation, of specific provisions in the field of transport and energy and, by Regulation (EC) No .../... of (12), of provisions concerning satellite navigation and positioning systems, it is appropriate to amend Regulation (EC) No 2236/95 in order to limit its scope to the field of telecommunications alone.

HAVE ADOPTED THIS REGULATION:

Chapter 1:

General Provisions

Article 1

Objective

This Regulation defines the conditions, means and the procedures for the granting of Community aid to projects of common interest in the field of the trans-European transport and energy networks on the basis of Article 155 (1) of the Treaty.

Article 2

Definitions

For the purposes of this Regulation the following definitions shall apply:

   (1) Project of common interest: a project or part of a project identified to be of common interest for the Community in the transport domain in the framework of the Decision No 1692/96/EC, and in the energy domain in the framework of Decision No 1229/2003/EC of the European Parliament and of the Council of 26 June 2003 laying down a series of guidelines for trans-European energy networks(13);
   (2) Priority project: in the domain of transport a project of common interest considered to be a priority for the Community as defined by Annex III of the Decision No 1692/96/EC and in the domain of energy in the framework of Decision No 1229/2003/EC;
   (3) Part of a project: activity which is independent, financially, technically or in time and which supports the undertaking of the project;
   (4) Beneficiary: a public, private or public-private body having overall responsibility for a project and proposing to invest its own resources or other funds in its construction;
   (5) Studies: studies needed for the definition of a project, including the preparatory studies, the feasibility study and evaluation and any other technical support activities including activities prior to infrastructure works needed to complete the definition of a project and to make decisions about its financing, including exploratory work on the sites concerned and the preparation of the financial structure;
   (6) Works: purchase and supply of components systems and services, undertaking construction and installation works related to the project, including the reception of installations and the entry into service of the project;
   (7) Post construction phase risks: Risks occurring in the first years following the end of construction due to specific unforeseeable factors and involving a reduction in operating revenue in relation to forecasts made by independent bodies;
   (8) Project Cost: the sum of the total cost of studies and works directly related to and necessary for undertaking the project and actually supported by the beneficiary;
   (9) Eligible Costs: the part of a projects" costs taken into consideration by the Commission for the calculation of Community financial aid.

Chapter 2:

Requests, Eligible Actions and Types of Aid

Article 3

Eligibility of Projects

1.  Only projects of common interest, identified in the framework of Decisions Nos 1692/96/EC and 1229/2003/EC may benefit from Community financial support under this Regulation.

2.  Eligibility is subject to respect for Community policies and laws, notably in relation to competition, environmental and health protection, sustainable development and public procurement, and to the effective implementation of Community policies on the multimodal linkage of networks, in particular for rail and for inland navigation, maritime navigation and short sea shipping.

3.  In the field of transport only, eligibility is also subject to a commitment by each Member State concerned to ensure adequate access of the regions concerned to the network and to the financial contribution to the projects submitted for Community financial aid, including by mobilising, if necessary, private funds.

Article 4

Presentation of Requests for aid

Requests for financial aid shall be presented to the Commission by the Member State or States concerned and, in the case of energy, also with the agreement of the latter by the public bodies or enterprises directly concerned.

Article 5

Selection of Projects

1.  Projects of common interest shall be awarded Community aid in relation to their contribution to the objectives and the priorities defined in the framework of the Commission White Paper entitled 'European Transport policy for 2010: time to decide'(14) and Decision No 1692/96/EC, as amended by Decision No 884/2004/EC, and Decision No 1229/2003/EC.

2.  In the field of transport special attention will be paid to the following projects and programmes:

   (a) Projects presented jointly by at least two Member States, notably the cross-border sections of these cases;
   (b) Projects contributing to network continuity and the optimisation of capacity;
   (c) Priority projects which contribute to the completion of the single market in the enlarged Union and to the re-balancing of transport modes in favour of the most environmentally friendly, notably for long distance freight transport. To this end, all requests to finance high speed rail lines must be accompanied by a plan showing how the infrastructure capacity released on existing lines due to the transfer of passenger traffic to the high speed line will be used for the development of freight traffic;
   (d) Projects contributing to the improvement of the quality of service offered on the trans-European network and which, thanks to work on the infrastructure, amongst other things, favour the safety and security of users and provide for interoperability between national networks;
   (e) Programmes for the deployment of traffic management systems for rail, in particular European rail signalling systems (ERTMS/ETCS), and its components as well as traffic management systems in the field of air, maritime, inland waterway and coastal transport that provide for interoperability;
   (f) Projects which contribute to the elimination of bottlenecks and to an increase in long-distance transport connections, particularly in cross-border railway transport.

3.  In the field of energy particular attention will be paid to projects that contribute to attaining the objectives and priorities set out in Decision No …/…/EC [laying down guidelines for trans-European energy networks and repealing Decisions Nos 96/391/EC and 1229/2003/EC].

In accordance with Decision No …/…/EC [laying down guidelines for trans-European energy networks and repealing Decisions Nos 96/391/EC and 1229/2003/EC], an appropriate level of priority shall be attributed to projects declared to be of Community interest.

Article 6

Types of Aid

Community financial aid covers the studies, works and risks which occur after the construction phase.

Article 7

Forms of Support

1.  Community financial aid to studies and development action works related to projects referred to in Article 3(1) may take one or more of the following forms:

   (a) Direct grants;
   (b) Interest rate rebates on loans given by the European Investment Bank (EIB) or other public or private financial institutions;
   (c) Loan guarantees to cover risks after the construction phase;
   (d) Participation in risk capital funds;
   (e) If necessary, a combination of Community aid as referred to in points a) to d), with the aim of obtaining the maximum stimulating effect from mobilised budgetary resources.

2.  Community financial aid shall not exceed the following rates:

   (a) For Studies: 50% of the total eligible cost of studies whatever the project of common interest concerned;
  (b) For Works:
   (i) For Priority projects in the field of transport, a maximum of 30% of the total eligible costs of the works; exceptionally, cross-border sections of projects included in the TEN-T programme as well as the deployment of European interoperable rail signalling systems may benefit from a maximum grant rate of 50% of total eligible costs, provided that the process of their implementation has begun before 2010 and that the Member States concerned have presented a plan to the Commission giving all the guarantees necessary regarding the financial support from the Member State and the timetable for the implementation of the project;
   (ii) For Priority projects in the energy domain, a maximum of 20% of the total eligible costs of the works;
   (iii) For other projects in the domain of transport, a maximum of 15% of the total eligible costs of the works; exceptionally, for projects linked to the deployment of interoperable systems, of safety and security, the rate may reach a maximum of 50%, adjusted in relation to the benefits to other Member States, of the total eligible costs of the works;
   (iv) For other projects in the energy domain, a maximum of 10% of the total eligible costs.

3.  The Commission shall, in accordance with the procedure referred to in Article 17(2), adopt the procedures, the timetable and the amounts of payments for the instruments referred to in paragraphs 1(b), (c) and (d). The Commission shall submit the draft implementing measures to the European Parliament in good time so that, where appropriate, Parliament may deliver its opinion, in accordance with Article 8 of Decision 1999/468/EC before the measures are adopted.

Article 8

Accumulation of Community Support

1.  The financial aid related to studies and to infrastructure works is cumulative.

2.  EIB operations are compatible with the granting of aid under the present Regulation.

Article 9

Compatibility and Coordination with other Community Policies

1.  The projects of common interest financed under this Regulation must be in conformity with the provisions of the Treaty, with legal acts adopted on the basis of the Treaty and with Community policies, including those concerning the protection of the environment, sustainable development, interoperability, competition and public procurement.

2.  The Commission shall ensure the coordination and the coherence of projects undertaken in the framework of this Regulation with actions that have received Community budget support, actions of the EIB and other Community financial instruments.

Chapter 3:

Implementation, Programming, Control

Article 10

Implementation

The Commission is responsible for the implementation of this Regulation. It shall establish the means and conditions of undertaking projects of common interest in its decisions regarding the granting of aid.

Article 11

Multi-annual programming and Annual Programming

1.  The European Parliament and the Council shall, on a proposal from the Commission, adopt a multi-annual programme in accordance with the procedure referred to in Article 251 of the Treaty. The Commission shall establish, in accordance with the procedure referred to in Article 17(2), an annual programme. The Commission shall submit the annual programme to the European Parliament in good time so that, where appropriate, Parliament may deliver its opinion in accordance with Article 8 of Decision 1999/468/EC before its adoption.

2.  Multi-annual programming shall apply to priority projects and shall establish the criteria for granting support together with the budget available for the period 2007-2013, which must lie within the range of 65-85% of the budgetary resources laid down in Article 20(1).

3.  The annual programme defines the criteria which shall apply to the grant of financial aid to other projects of common interest not included in the TEN-T multi-annual programme. Each year, the resources not used in the TEN-T multi-annual programme shall be allocated to the financing of other projects of common interest which form part of the annual programme.

Article 12

Granting of aid

1.  Each project of common interest selected under the multi-annual programme shall be the subject of a single Commission grant decision within the meaning of Article 17(2). The grant decision shall state clearly the amount of appropriations committed over the whole period and the schedule for the payment of the annual appropriations by the Commission. The budgetary commitment for each annual allocation shall be made by the Commission through a grant decision based on the evaluation of the state of progress of the projects, of the estimated needs and of the available budget.

2.  Transport projects which are, or are part of, a cross-border segment may be the subject of a Commission grant decision subject to the existence of a bilateral agreement between the Member States concerned on completing the cross-border project within their respective national territories.

3.  Projects of common interest other than those covered under paragraph 1 shall be the subject of an annual Commission financial decision to grant support.

4.  The Commission shall notify decisions as well as the conditions attached to grants to the beneficiary Member States and shall inform the beneficiaries.

Article 13

Financial provisions

1.  Community aid may cover only the expenditure related to the project and borne by the recipients or by third parties in implementing it.

2.  Expenditure incurred before the date on which a request for aid is received by the Commission shall not be eligible.

3.  Decisions taken by the Commission to grant financial assistance under the terms of Article 12 shall signify engagement of the expenditure authorised by the budget.

4.  As a general rule, payments shall be made in the form of an advance, intermediate and a final payment. The advance, which shall not normally exceed 50% of the first annual block, shall be paid when the request for aid has been approved. Intermediate payments shall be made on the basis of the payment requests and in consideration of the state of progress of the project or study concerned and, if necessary, taking account, in a rigorous and transparent way, of any revised financial schemes.

5.  Payment methods shall take account of the fact that infrastructure projects are implemented over several years. Consequently, it is important to envisage equal distribution of financing.

6.  The Commission shall make the final payment after acceptance of the final report concerning a project or study, submitted by the recipient and certified by the Member State, detailing all expenditure actually incurred.

Article 14

Member States" responsibilities

1.  The Member States shall make every effort to implement, in the field of their responsibility, the projects of common interest which benefit from Community aid granted under this Regulation.

2.  The Member States shall undertake the monitoring and control of projects in close cooperation with the Commission and shall certify the reality and conformity of the expenditure incurred under the project or the part of a project in question. Member States may request the participation of the Commission in "on site" visits. The Commission may also request inspections of sites and participate in them.

3.  The Member States shall inform the Commission of the measures taken under paragraph 2 and shall supply, inter alia, a description of the control systems, the management, and the monitoring established to ensure that projects are undertaken correctly. This information shall be taken into account by the Commission when taking a decision on a possible cancellation, reduction or suspension of assistance pursuant to Article 15.

Article 15

Cancellation, reduction and suspension of assistance

1.  Except where a full justification is made to the Commission, Community financial aid granted to projects of common interest which have not commenced in the two years following the date set down in the grant decision shall be cancelled by the Commission.

2.  If part or all of the aid provided to undertake a project is deemed not to be justifiable the Commission shall undertake an appropriate examination of the case and, in particular, request the Member State or beneficiary, to present their observations within a specified time.

3.  Following the examination provided for by paragraph 2, the Commission may reduce, suspend or cancel the aid for the project in question and recover any amounts already released if any irregularities have been revealed or any of the conditions attached to the grant of aid have not been respected, notably when any important modifications have been introduced concerning the nature of, or the means of undertaking, the project, without seeking the approval of the Commission.

4.  Any unauthorised accumulation shall lead to the recovery of the amounts paid without due entitlement.

5.  If, ten years after the award of Community financial aid to a project, the project has not been completed, the Commission shall, in accordance with the principle of proportionality, request reimbursement of the aid paid, taking into account all relevant facts.

6.  All aid paid without due entitlement shall be returned to the Commission.

Article 16

Financial Control

1.  The Commission's Anti-Fraud Office (OLAF) may undertake on-the-spot checks and inspections in accordance with Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities(15).

2.  For Community actions financed under this Regulation, the term "irregularity" in Article 1(2) of the Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests(16) shall cover all breaches of the provisions of Community law and any failure to follow a contractual obligation due to any act or omission by a legal body which has a negative impact on the general budget of the EU or the other budgets concerned by undue payments.

3.  Decisions taken under the present Regulation shall, notably, provide for monitoring and financial checks to be undertaken by the Commission (or any authorised representative) and audits by the Court of Auditors, if appropriate, on site.

4.  The Member State concerned and the Commission shall immediately exchange all relevant information concerning the results of the checks undertaken.

Chapter 4:

Final Provisions

Article 17

Committee

1.  The Commission shall be assisted by a Committee.

2.  Where reference is made to this paragraph, the consultation procedure provided for by Articles 3 and 7 of the Decision 1999/468/EC shall apply, in accordance with the provisions of Article 8 of that Decision.

3.  The Committee shall adopt its rules of procedure.

4.  The EIB and the European Parliament shall be represented in the Committee but shall not take part in the voting.

Article 18

Evaluation

The Commission and the Member States, supported by the beneficiaries of financial aid, may undertake an evaluation of the means adopted to undertake projects of common interest and programmes as well as of the impact of their operation, in order to assess whether the objectives, including issues concerning environmental protection, have been attained. The Commission may request beneficiary Member States to provide a specific evaluation of projects of common interest financed under this Regulation or, where appropriate, to supply the information and assistance required to undertake such evaluation.

Article 19

Information and Publicity

1.  The Commission shall submit a report every three years to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the activities undertaken pursuant to this Regulation. The report shall contain an evaluation of the results achieved with Community aid in the various fields of application, in terms of the original objectives, as well as a chapter on the content and implementation of the current multi-annual programme. The report shall also contain information on the sources of funding for each project.

2.  The Member States concerned and, where appropriate, beneficiaries shall ensure that suitable publicity is given to assistance granted under this Regulation in order to inform the public of the role of the Community in the implementation of the projects of common interest. Member States shall make available to the public all information on the economic, social and environmental assessments of projects that are potentially eligible for assistance under this Regulation.

3.  Every year the Commission shall present to the European Parliament, together with the preliminary draft budget, a report on the financial implications arising from the existence and the activities of the European Coordinator introduced by Article 1(10) of Decision No 884/2004/EC.

Article 20

Budgetary resources

1.  The indicative financial framework for the implementation of this Regulation for the period 2007-2013 is EUR 20 464 million of which EUR 20 350 million are allocated to transport and EUR 114 million to energy.

2.  The annual appropriations are authorised by the budgetary authority within the limits of the financial perspective.

Article 21

Revision

Before the end of 2010, the Commission will submit to the European Parliament and to the Council a general report on the experience gained with the mechanisms provided for by this regulation for the granting of Community financial aid.

The European Parliament and the Council, acting in accordance with the procedure provided for in Article 156(1) of the Treaty, shall decide if and under what conditions, the actions provided for by this Regulation are to be continued or modified beyond the period referred to in Article 20(1).

Article 22

Amendment of Regulation (EC) No 2236/95

Regulation (EC) No 2236/95 is hereby amended as follows:

1)  The title shall be replaced by the following:

"

Council Regulation (EC) No 2236/95 of 18 September 1995, determining the general rules for the granting of Community financial aid in the field of the trans-European telecommunications networks

"

2)  Article 1 shall be replaced by the following:

"

Article 1

Definition and scope

This regulation defines the conditions, methods and procedures of implementation of the Community aid for projects of common interest in the field of the trans-European telecommunications networks, under Article 155 paragraph 1 of the Treaty

"

3)  Article 4(3) shall be deleted;

4)  Article 5(3) shall be replaced by the following:

"

3.  Irrespective of the form of selected assistance, the total amount of Community aid granted under this Regulation cannot exceed [...]% of the total cost of investments.

"

5)  Article 5a shall be deleted.

6)  Article 9 (1) (a), fourth indent, shall be deleted.

7)  Article 10 shall be replaced by the following:

"

Article 10

Granting financial support

In compliance with Article 274 of the Treaty, the Commission shall decide to grant financial support under this Regulation through an assessment of the applications based on the selection criteria.

"

8.  Article 11(7) shall be replaced by the following:

"

7.  The Commission shall adopt in accordance with the procedures referred to in Article 17 (3), a framework for the procedures, the timetable and the amounts of interest-rate subsidies, grants, guarantee premiums and support in the form of risk capital participation, for investment funds or comparable financial undertakings with a priority focus on providing risk capital for trans-European network projects.

"

9.  Article 14 shall be deleted.

10.  In Article 15(3), first sentence, the reference to Articles 5 and 6 shall be replaced by a reference to Article 5(1) and (2) and to Article 6.

11.  Article 16(1) shall be replaced by the following:

"

1.  The Commission shall submit a report every year to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the activities undertaken pursuant to this Regulation. The report shall contain an evaluation of the results achieved with Community aid in the various fields of application in terms of the original objectives

"

12.  The Annex shall be deleted.

Article 23

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.

It shall apply from 1 January 2007.

Actions underway in the transport and energy fields on the date of entry into force of this Regulation shall continue to be subject, until their completion, to Regulation (EC) No 2236/95, in the version in force on 31 December 2006.

This regulation shall be binding in its entirety and directly applicable in all Member States.

Done at

For the European Parliament The President

For the Council The President

(1) Not yet published in OJ.
(2) OJ C 234, 22.9.2005, p. 69.
(3) Position of the European Parliament of 26 October 2005.
(4) OJ L 228, 9.9.1996, p. 1. Decision as last amended by Decision No 884/2004/EC (OJ L 167, 30.4.2004, p. 1).
(5) Texts Adopted, P6_TA(2005)0224.
(6) OJ ...
(7) OJ L 228, 23.9.1995, p. 1. Regulation as last amended by Regulation (EC) No 1159/2005 of the European Parliament and Council (OJ L 191, 22.7.2005, p. 16).
(8) All priority projects in the energy sector benefit from such rate whereas it only applies to cross-border or cross-natural sections in the transport sector.
(9) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248, 16.9.2002, p. 1).
(10) OJ C 172, 18.6.1999, p. 1.
(11) OJ L 184, 17.7.1999, p. 23.
(12) Regulation (EC) No .../... of ... [on satellite navigation and positioning systems (GALILEO)] (OJ L ...).
(13) OJ L 176, 15.7.2003, p. 11.
(14) COM(2001)0370.
(15) OJ L 292, 15.11.1996, p. 2.
(16) OJ L 312, 23.12.1995, p. 1.


Food additives ***I
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Resolution
Consolidated text
European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs (COM(2004)0650 – C6-0139/2004 – 2004/0237(COD))
P6_TA(2005)0404A6-0191/2005

(Codecision procedure: first reading)

The European Parliament,

‐   having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0650)(1),

‐   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0139/2004),

‐   having regard to Rule 51 of its Rules of Procedure,

‐   having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0191/2005),

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 26 October 2005 with a view to the adoption of Directive 2006/.../EC of the European Parliament and of the Council amending Directive 95/2/EC on food additives other than colours and sweeteners and Directive 94/35/EC on sweeteners for use in foodstuffs

P6_TC1-COD(2004)0237


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,

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

After consulting the Scientific Committee on Food and the European Food Safety Authority (EFSA),

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

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(4).

(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(5) lays down a list of food additives that may be used in the Community and the conditions for their use.

(3)  Directive 94/35/EC of the European Parliament and of the Council of 30 June 1994 on sweeteners for use in foodstuffs(6) lays down a list of sweeteners that may be used in the Community and the conditions for their use.

(4)  There have been technical developments in the field of food additives since the adoption of Directives 95/2/EC and 94/35/EC. These Directives should be adapted to take account of those developments.

(5)  On the basis of an opinion of EFSA, expressed on 26 November 2003, changes are made to current authorisations in order to keep the level of nitrosamines as low as possible by lowering the levels of nitrites and nitrates added to food whilst maintaining the microbiological safety of food products. EFSA recommends that the levels of nitrite and nitrate are set in the legislation as "added amount". EFSA is of the opinion that the added amount of nitrite rather than the residual amount contributes to the inhibitory activity against C. botulinum. The current provisions should be amended in such a way that the maximum levels permitted, as mentioned by EFSA, in non-heat-treated or heat-treated meat products, in cheese and in fish are expressed as amounts added. Exceptionally, however, for certain traditionally-manufactured meat products maximum residual levels should be set, on the condition that the products are adequately specified and identified. The levels set should ensure that the acceptable daily intake (ADI) established by the Scientific Committee on Food in 1990 is not exceeded. Products which are not specifically named in the legislation, but which are traditionally produced in a similar manner (i.e. similar products) can if necessary be categorised in accordance with Articles 5 and 6 of Directive 95/2/EC. For cheese, the level should be expressed as the amount added to the cheese milk. If a process is used where addition of nitrate follows removal of whey and addition of water, this should lead to levels identical to those which would have been obtained if the nitrate had been added directly to the cheese milk.

(6)  Directive 2003/114/EC amending Directive 95/2/EC on food additives other than colours and sweeteners required the Commission and EFSA to review the conditions for the use of E 214 – 219 p-hydroxybenzoates and their sodium salts before 1 July 2004. EFSA has assessed the information on the safety of p-hydroxybenzoates and expressed its opinion on 13 July 2004. EFSA established a full-group acceptable daily intake (ADI) of 0-10 mg/kg body weight for the sum of methyl and ethyl p-hydroxybenzoic acid esters and their sodium salts. EFSA considered that propyl paraben should not be included in this group ADI because propyl paraben, contrary to methyl and ethyl paraben, had effects on sex hormones and the male reproductive organs in juvenile rats. In these circumstances and because of the lack of clear no-observed-adverse-effect-level (NOAEL), EFSA was unable to recommend an ADI for propyl paraben . It is necessary to withdraw E 216 propyl p-hydroxybenzoate and E 217 sodium propyl p-hydroxybenzoate from Directive 95/2/EC. In addition, it is necessary to withdraw the use of p-hydroxybenzoates in liquid dietary food supplements.

(7)  In April 2004, the Commission suspended the placing on the market and import of jelly mini-cups containing gel-forming food additives derived from seaweed and certain gums due to risk of choking on these products (Decision 2004/374/EC(7)). Following a review of that Decision it is necessary to exclude the use of certain gel-forming food additives in jelly mini-cups.

(8)  The Scientific Committee on Food has assessed the information on the safety of erythritol and expressed its opinion on 5 March 2003. The Committee concluded that the use of erythritol as a food additive is acceptable. The Committee also notes that erythritol has a laxative effect, but at a higher dose than other polyols. Erythritol has many technical non-sweetening properties that are important in a wide range of foods, from confectionery to dairy products. These include functions such as flavour enhancer, carrier, humectant, stabiliser, thickener, bulking agent and sequestrant. It is necessary to permit the use of erythritol in the same food applications as the other currently permitted polyols. In addition, it is necessary to amend Directive 94/35/EC, as erythritol can also be used for sweetening purposes like the other currently-permitted polyols.

(9)  The Scientific Committee on Food has assessed the information on the safety of soybean hemicellulose and expressed its opinion on 4 April 2003. The Committee concluded that the use of soybean hemicellulose is acceptable in certain foods requested and at certain inclusion levels. It is therefore appropriate to permit such use for certain purposes. In order to facilitate matters for allergy sufferers, however, such use should not be permitted for unprocessed foods in which soybean is not expected to be found. In any case, consumers should be informed when products contain hemicellulose derived from soybean in accordance with the provisions of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs(8).

(10)  EFSA has assessed the information on the safety of ethyl cellulose and expressed its opinion on 17 February 2004. EFSA decided to include ethyl cellulose in the group ADI "not specified" for modified celluloses established by the Scientific Committee on Food. The main application of ethyl cellulose is in food supplements and encapsulated flavourings. The use of ethyl cellulose should therefore be permitted in a similar way as other celluloses.

(11)  EFSA has assessed the information on the safety of pullulan and expressed its opinion on 13 July 2004. EFSA found the use of pullulan acceptable in coating food supplements that are in the form of capsules and tablets as well as in breath fresheners in the form of films. It is therefore appropriate to permit these uses.

(12)  EFSA has assessed the information on the safety of tertiary butyl hydroquinone (TBHQ) and expressed its opinion on 12 July 2004. EFSA established an ADI of 0-0.7 mg/kg body weight for this antioxidant and found that its use would be acceptable in certain foodstuffs at certain inclusion levels. It is therefore appropriate to permit this additive.

(13)  The Scientific Committee on Food has assessed the information on the safety of starch aluminium octenyl succinate and expressed its opinion on 21 March 1997. The Committee found that the use of this additive as a component of micro encapsulated vitamins and carotenoids may be regarded as acceptable. It is therefore appropriate to permit this use.

(14)  During the manufacture of sour milk cheese, E 500ii sodium hydrogen carbonate is added to the pasteurised milk in order to buffer the lactic acid to an appropriate pH value, thereby creating the necessary growth conditions for the ripening cultures. It is, therefore, appropriate to permit the use of sodium hydrogen carbonate in sour milk cheese.

(15)  Currently, the use of a mixture of sorbates (E 200 - 203) and benzoates (E 210 - 213) is authorised in cooked shrimps for preservation. It is appropriate to extend that authorisation to its use in all cooked crustaceans and molluscs.

(16)  E 551 silicon dioxide is permitted as a carrier for food colours at the maximum level of 5%. The use of silicon dioxide as a carrier for food colours E 171 titanium dioxide and E 172 iron oxides and hydroxides should also be permitted at the level of maximum 90% relative to the pigment.

(17)  Directive 95/2/EC limits the use of additives listed in Annex I to that Directive in traditional French bread "Pain courant français". The same limitation should apply to similar traditional Hungarian bread. It is also appropriate to authorise use of ascorbic acid (E 300), sodium ascorbate (E 301) and calcium disodium EDTA (E 385) in Hungarian liver patés.

(18)  It is necessary to update the current provisions regarding the use of sulphites (E 220-228) in cooked crustaceans, table grapes and lychees.

(19)  In accordance with a request from a Member State and the opinion of the Scientific Committee on Food of 5 March 2003, 4-hexylresorcinol, which was authorised at national level under Directive 89/107/EEC, should be authorised at Community level.

(20)  The terminology used in Directive 95/2/EC should be adapted to take into account Council Directive 89/398/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses(9), Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements(10) and Commission Directive 1999/21/EC of 25 March 1999 on dietary foods for special medical purposes(11).

(21)  Directives 95/2/EC and 94/35/EC should, therefore, be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 95/2/EC shall be amended as follows:

(1)  Article 1(3)(c) is replaced by the following:

"
   c) "carriers", including carrier solvents, are substances used to dissolve, dilute, disperse or otherwise physically modify a food additive or flavouring without altering its function (and without exerting any technological effect themselves) in order to facilitate its handling, application or use;
"

(2)  In Article 3(2) the words "weaning foods" are replaced by the words "processed cereal-based foods and baby foods".

(3)  The Annexes are amended in accordance with Annex I to this Directive.

Article 2

The Annex to Directive 94/35/EC shall be amended in accordance with Annex II to this Directive.

Article 3

1.  Member States shall bring into force by ...* at the latest the laws, regulations and administrative provisions necessary to comply with this Directive in order to:

   a) permit trade in and the use of products complying with this Directive by ...(12) at the latest,
   b) prohibit trade in and use of products which do not comply with this Directive by ...(13)* at the latest.

However, products placed on the market or labelled before the date referred to in point (b) which do not comply with this Directive may be marketed until stocks are exhausted.

Member States shall forthwith communicate to the Commission the text of those measures and a correlation table between those measures and this Directive.

2.  When Member States adopt those measures, they shall contain a reference to this Directive or 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 4

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

Article 5

This Directive is addressed to the Member States.

Done at

For the European Parliament For the Council

The President The President

ANNEX I

The Annexes to Directive 95/2/EC are amended as follows:

(1)  Annex I is amended as follows:

(a)  In the introductory note, the following note 4 is added:

"

4.  The substances listed under numbers E 400, E 401, E 402, E 403, E 404, E 406, E 407, E 407a, E 410, E 412, E 413, E 414, E 415, E 417, E 418, E 440 may not be used in jelly mini-cups (*)

_______________

(*) For the purpose of this Directive, jelly mini-cups means jelly confectionery of a firm consistence, contained in semi-rigid mini-cups or mini-capsules, intended to be ingested in a single bite by exerting pressure on the mini-cups or mini-capsule to project the confectionery into the mouth.

"

(b)  In the table, the following row is inserted:

"E 462

Ethyl cellulose"

(2)  Annex II is amended as follows:

(a)  The row for "ripened cheese" is replaced by the following:

"Ripened cheese

E 170 Calcium carbonate

E 504 Magnesium carbonates

E 509 Calcium chloride

E 575 Glucono-delta-lactone

E 500ii Sodium hydrogen carbonate

quantum satis

quantum satis (only for sour milk cheese)"

(b)  In the row for "Pain courant français" after the words "Pain courant français" the following words are added: "Friss Búzakenyér, fehér és félbarna kenyerek".

(c)  In the row for "Foie gras, foie gras entier, blocs de foie gras" after the words "Foie gras, foie gras entier, blocs de foie gras" the following words are added: "Libamáj, libamáj egészben, libamáj tömbben".

(3)  Annex III is amended as follows:

   (a) Part A is amended as follows:

(i)  In the table "Sorbates, benzoates and p-hydroxybenzoates", the rows for "E 216 Propyl p-hydroxybenzoate" and "E 217 Sodium propyl p-hydroxybenzote" are deleted.

(ii)  The table for foodstuffs is amended as follows:

–  The following rows are deleted:

"Shrimps, cooked

2000

Crayfish tails, cooked, and pre-packed marinated cooked molluscs

2000

Liquid dietary food supplements

2000"

–  The following rows are added:

"Crustacean and molluscs, cooked

1000

2000

Food supplements as defined in Directive 2002/46/EC (*) supplied in liquid form

2000

_______________

(*) Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 (OJ L 183, 12.7.2002, p. 51)."

(iii)  The words "Dietetic food intended for special medical purposes" are replaced by the words "Dietary foods for special medical purposes as defined in Directive 1999/21/EC (**)

_______________

(**) Commission Directive 1999/21/EC of 25 March 1999 (OJ L 91, 7.4.1999, p. 29)."

(b)  Part B is amended as follows:

(i)  The table for foodstuffs is amended as follows:

-  The following row is amended as follows:

"Dried salted fish of the "Gadidae" species

200

Crustaceans and cephalopods:

– fresh, frozen and deep-frozen

150 (1)

– crustaceans, penaeidae, solenoceridae, aristaeidae family:

– up to 80 units

150 (1)

– between 80 and 120 units

200 (1)

– over 120 units

300 (1)

Crustaceans and cephalopods

– cooked

50 (1)

– cooked crustaceans, penaeidae, solenoceridae, aristaeidae family:

– up to 80 units

135 (1)

– between 80 and 120 units

180 (1)

– over 120 units

270 (1)

(1) In edible parts."

-  The following rows are added:

"Salsicha fresca

450

Table grapes

10

Fresh lychees

10 (measured on edible parts)"

(ii)  The entry "Starches (excluding starches for weaning foods, follow-on formulae and infant formulae)" is replaced by "Starches (excluding starches in infant formulae, follow-on formulae and processed cereal-based foods and baby foods)".

(c)  In Part C the rows for E 249 and E 250 and the rows for E 251 and E 252 are replaced by the following:

"E No

Name

Foodstuff

Maximum amount that may be added during manufacture (expressed as NaNO2)

Maximum residual level (expressed as NaNO2)

E 249

Potassium nitrite1

Meat products

150 mg/kg

E 250

Sodium nitrite1

Sterilised meat products (Fo > 3.00)2

100 mg/kg

Traditional immersion cured meat products (1):

Wiltshire bacon (1.1);

175 mg/kg

Entremeada, Entrecosto, Chispe, Orelheira e Cabeça (salgados)

Toucinho fumado (1.2);

and similar products

Wiltshire ham (1.1);

and similar products

100 mg/kg

Rohschinken nassgepökelt (1.6);

and similar products

50 mg/kg

Cured tongue (1.3)

Traditional dry cured meat products (2):

Dry cured bacon (2.1);

and similar products

175 mg/kg

Dry cured ham (2.1);

100 mg/kg

Jamón curado, paleta curada, lomo embuchado y cecina (2.2);

Presunto, Presunto da Pá and Paio do Lombo (2.3);

and similar products

Rohschinken trockengepökelt (2.5);

and similar products

50 mg/kg

Other traditionally cured meat products (3):

Vysočina

180 mg/kg

Selský salám

Turistický trvanlivý salám

Poličan

Herkules

Lovecký salám

Dunajská klobása

Paprikáš (3.5);

and similar products

Rohschinken, trocken-/nassgepökelt (3.1);

and similar products

50 mg/kg

Jellied veal and brisket (3.2)

E 251

Sodium nitrate3

Non-heat-treated meat products

150 mg/kg

E 252

Potassium nitrate3

Traditional immersion cured meat products (1):

Kylmäsavustettu poronliha;

300 mg/kg

Kallrökt renkött (1.4);

Wiltshire bacon and Wiltshire ham(1.1);

250 mg/kg

Entremeada, Entrecosto, Chispe, Orelheira e Cabeça (salgados) and

Toucinho fumado (1.2);

Rohschinken nassgepökelt (1.6);

and similar products

Bacon, Filet de bacon (1.5)

and similar products

250 mg/kg without added E 249 or E 250

Cured tongue (1.3)

10 mg/kg

Traditional dry cured meat products (2):

Dry cured bacon and Dry cured ham (2.1);

250 mg/kg

Jamón curado, paleta curada, lomo embuchado y cecina (2.2);

Presunto, Presunto da Pá and Paio do Lombo (2.3);

Rohschinken trockengepökelt (2.5); and similar products

Jambon secs, jambons sel sec et autres pièces maturées séchées similaires (2.4)

250 mg/kg without added E 249 or E 250

Other traditionally cured meat products (3):

Rohwürste (Salami und Kantwurst) (3.3);

300 mg/kg (without added E 249 or E 250)

Rohschinken, trocken-/nassgepökelt (3.1);and similar products

250 mg/kg

Salchichón y chorizo tradicionales de larga curación (3.4);

250 mg/kg

(without added E 249 or E 250)

Saucissons secs (3.6) and similar products

Jellied veal and brisket (3.2);

10 mg/kg

Hard, semi-hard and semi-soft cheese

150 mg/kg in the cheese milk or equivalent level if added after removal of whey and addition of water

Dairy-based cheese analogue

Pickled herring and sprat

500 mg/kg

1 When labelled "for food use", nitrite may only be sold in a mixture with salt or a salt substitute.

2 Fo-value 3 is equivalent to 3 min heating at 121o C (reduction of the bacterial load of one billion spores in each 1000 cans to one spore in a thousand cans).

3 Nitrates may be present in some heat-treated meat products resulting from natural conversion of nitrites to nitrates in a low-acid environment.

(1)  Meat products are immersed in curing solution containing nitrites and/or nitrates, salt and other components. The meat products may undergo further treatments e.g. smoking.

(1.1) Meat is injected with curing solution followed by immersion curing for 3-10 days. The immersion brine solution also includes microbiological starter cultures.

(1.2) Immersion cured for 3-5 days. Product is not heat treated and has a high water activity.

(1.3) Immersion cured for at least 4 days and pre-cooked.

(1.4) Meat is injected with curing solution followed by immersion curing. Curing time is 14-21 days followed by maturation in cold-smoke for 4-5 weeks.

(1.5) Immersion cured for 4-5 days at 5-7o C, matured for typically 24-40 hours at 22oC , possibly smoked for 24 hrs at 20-25oC and stored for 3- 6 weeks at 12-14oC.

(1.6) Curing time depending on the shape and weight of meat pieces for approx. 2 days/kg followed by stabilisation/maturation.

(2)  Dry curing process involves dry application of curing mixture containing nitrites and/or nitrates, salt and other components to the surface of the meat followed by a period of stabilisation/ maturation. The meat products may undergo further treatments e.g. smoking.

(2.1) Dry curing followed by maturation for at least 4 days.

(2.2) Dry curing with a stabilisation period of at least 10 days and a maturation period of more than 45 days.

(2.3) Dry cured for 10-15 days followed by a 30-45 day stabilisation period and a maturation period of at least 2 months.

(2.4) Dry cured for 3 days + 1 day/kg followed by a 1 week post-salting period and an ageing/ripening period of 45 days to 18 months.

(2.5) Curing time depending on the shape and weight of meat pieces for approx. 10 to 14 days followed by stabilisation/maturation.

(3)  Immersion and dry cured processes used in combination or where nitrite and/or nitrate is included in a compound product or where the curing solution is injected into the product prior to cooking. The products may undergo further treatments e.g. smoking.

(3.1) Dry curing and immersion curing used in combination (without injection of curing solution). Curing time depending on the shape and weight of meat pieces for approx. 14 to 35 days followed by stabilisation/maturation.

(3.2) Injection of curing solution followed, after a minimum of 2 days, by cooking in boiling water for up to 3 hours.

(3.3) Product has a minimum 4-week maturation period and a water/protein ratio of less than 1,7.

(3.4) Maturation period of at least 30 days.

(3.5) Dried product cooked to 70°C followed by 8-12 day drying and smoking process. Fermented product subject to 14-30 day three-stage fermentation process followed by smoking.

(3.6) Raw fermented dried sausage without added nitrites. Product is fermented at temperatures in the range of 18-22o C or lower (10-12o C) and then has a minimum ageing/ripening period of 3 weeks. Product has a water/protein ratio of less than 1,7."

(d)  Part D is amended as follows:

(i)  The Note is amended to read: "The * in the table refers to the proportionality rule: when combinations of gallates, TBHQ, BHA and BHT are used, the individual levels must be reduced proportionally."

   (ii) Rows E 310, E 311, E 312, E 320, and E 321 are replaced by the following:

"E No

Name

Foodstuff

Maximum level (mg/kg)

E 310

E 311

E 312

E 319

E 320

E 321

Propyl gallate

Octyl gallate

Dodecyl gallate

Tertiary-butyl hydroquinone (TBHQ)

Butylated hydroxyanisole (BHA)

Butylated hydroxytoluene (BHT)

Fats and oils for the professional manufacture of heat-treated foodstuffs

Frying oil and frying fat, excluding olive pomace oil

Lard; fish oil; beef, poultry and sheep fat

200* (gallates, TBHQ and BHA, individually or in combination)

100* (BHT)

both expressed on fat

Cake mixes

Cereal-based snack foods

Milk powder for vending machines

Dehydrated soups and broths

Sauces

Dehydrated meat

Processed nuts

Pre-cooked cereals

200 (gallates, TBHQ and BHA, individually or in combination)

expressed on fat

Seasonings and condiments

200 (gallates and BHA, individually or in combination) expressed on fat

Dehydrated potatoes

25 (gallates, TBHQ and BHA, individually or in combination)

Chewing gum

Food supplements as defined in Directive 2002/46/EC

400 (gallates, TBHQ, BHT and BHA, individually or in combination)

Essential oils

1000 (gallates, TBHQ and BHA, individually or in combination)

Flavourings other than essential oils

100* (gallates, individually or in combination) or 200* (TBHQ and BHA, individually or in combination)"

(iii)  The following row is added:

"E 586

4-hexylresorcinol

Fresh, frozen and deep-frozen crustaceans

2 mg/kg as residues in crustacean meat"

(4)  Annex IV is amended as follows:

(a)  The row for E 385 is replaced by the following:

"E 385

Calcium disodium ethylene diamine tetra-acetate (Calcium disodium EDTA)

Emulsified sauces

Canned and bottled pulses, legumes, mushrooms and artichokes

Canned and bottled crustaceans and molluscs

Canned and bottled fish

Spreadable fats as defined in Annexes B and C of Regulation (EC) No 2991/94(*), having a fat content of 41% or less

Frozen and deep- frozen crustaceans

Libamáj, egészben es tömbben

75 mg/kg

250 mg/kg

75 mg/kg

75 mg/kg

100 mg/kg

75 mg/kg

250 mg/kg

* OJ L 316, 9.12.1994, p. 2."

(b)  The following row is inserted after the row for E 967:

"E 968

Erythritol

Foodstuffs in general (except drinks and those foodstuffs referred to in Article 2(3))

Frozen and deep-frozen unprocessed fish, crustaceans, molluscs and cephalopods

Liqueurs

quantum satis

quantum satis

quantum satis

For purposes other than sweetening"

(c)  The following row is added:

"E 426

Soybean hemicellulose

Dairy-based drinks intended for retail sale

5 g/l

Food supplements as defined in Directive 2002/46/EC

1.5 g/l

Emulsified sauces

30 g/l

Pre-packaged fine bakery wares intended for retail sale

10 g/kg

Pre-packaged ready to eat oriental noodles intended for retail sale

10 g/kg

Pre-packaged ready to eat rice intended for retail sale

10 g/kg

Pre-packaged processed potato and rice products (including frozen, deep-frozen, chilled and dried processed products) intended for retail sale

10 g/kg

Dehydrated, concentrated, frozen and deep frozen egg products

10 g/kg

Jelly confectionery, except jelly mini-cups

10 g/kg"

(d)  In row E 468 the words "Solid dietary supplements" are replaced by the words "Food supplements as defined in Directive 2002/46/EC supplied in solid form".

(e)  In row E 338 to E 452 the words "Dietary supplements" are replaced by the words "Food supplements as defined in Directive 2002/46/EC".

(f)  In row E 405, row E 416, row E 432 to E 436, row E 473 and E 474, row E 475, row E 491 to E 495, row E 551 to E 559, and row E 901 to E 904, the words "Dietary food supplements" are replaced by the words "Food supplements as defined in Directive 2002/46/EC".

(g)  In row E 1201 and 1202 the words "Dietary food supplements in tablet and coated tablet form" are replaced by the words "Food supplements as defined in Directive 2002/46/EC in tablet and coated tablet form".

(h)  In row E 405, row E 432 to E 436, row E 473 and E 474, row E 475, row E 477, row E 481 and E 482, row E 491 to E 495 the words "Dietetic food intended for special medical purposes" are replaced by the words "Dietary foods for special medical purposes as defined in Directive 1999/21/EC".

(i)  The following row is replaced by the following:

"E 1505

Triethyl citrate

Flavourings

3g/kg from all sources in foodstuffs as consumed or as reconstituted according to the instructions of the manufacturer; individually or in combination. In the case of beverages, with the exception of cream liqueurs, the maximum level of E 1520 shall be 1g/l."

E 1517

Glyceryl diacetate (diacetin)

E 1518

Glyceryl triacetate (triacetin)

E 1520

Propan-1,2-diol (propylene glycol)

(j)  The following rows are added:

"E 1204

Pullulan

Food supplements as defined in Directive 2002/46/EC in capsule and tablet form

quantum satis

Breath freshening micro-sweets in the form of films

quantum satis

E 1452

Starch Aluminium Octenyl Succinate

Encapsulated vitamin preparations in food supplements as defined in Directive 2002/46/EC

35 g/kg in food supplement"

(5)  Annex V is amended as follows:

(a)  The following row is inserted after the row for E 967:

"E 968

Erythritol"

(b)  The following row is inserted after the row for E 466:

"E 462

Ethyl cellulose"

(c)  In the third column of the row for E 551 and E 552 the following sentence is added:

"

For E 551, in E 171 titanium dioxide and E 172 iron oxides and hydroxides (max. 90% relative to the pigment).

"

(6)  Annex VI is amended as follows:

(a)  In the first, second and third paragraph of the introductory note the words "weaning foods" are replaced by the words "processed cereal-based foods and baby foods".

(b)  In Part 3, in the title, in row E 170 to 526, row E 500, E 501 and E 503, row E 338, row E 410 to E 440, row E 1404 to E 1450 and row E 1451 the words "weaning foods" are replaced by the words "processed cereal-based foods and baby foods".

(c)  In Part 4, the following is added after row E 471:

"E 473

Sucrose esters of fatty acids

120 mg/l

Products containing hydrolysed proteins, peptides and amino acids"

ANNEX II

The Annex to Directive 94/35/EC is amended as follows:

(a)  In the first column of the row for E 420 to E 967, the word "E 968" is added.

(b)  In the second column of the row for E 420 to E 967, the word "Erythritol" is added.

(1) Not yet published in OJ.
(2) OJ C 255, 14.10.2005, p. 59.
(3) Position of the European Parliament of 26 October 2005.
(4) OJ L 40, 11.2.1989, p. 27. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
(5) OJ L 61, 18.3.1995, p. 1. Directive as last amended by Directive 2003/114/EC (OJ L 24, 29.1.2004, p. 58).
(6) OJ L 237, 10.9.1994, p. 3. Directive as last amended by Directive 2003/115/EC (OJ L 24, 29.1.2004, p. 65).
(7) OJ L 118, 23.4.2004, p. 70.
(8) OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).
(9) OJ L 186, 30.6.1989, p. 27. Directive as last amended by Regulation (EC) No 1882/2003.
(10) OJ L 183, 12.7.2002, p. 51.
(11) OJ L 91, 7.4.1999, p. 29. Directive as amended by the 2003 Act of Accession.
(12)* 18 months after the date of entry into force of this Directive.
(13)** 24 months after the date of entry into force of this Directive.


Fight against organised crime *
PDF 566kWORD 122k
European Parliament legislative resolution on the proposal for a Council framework decision on the fight against organised crime (COM(2005)0006 – C6-0061/2005 – 2005/0003(CNS))
P6_TA(2005)0405A6-0277/2005

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal (COM(2005)0006)(1),

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

–   having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0061/2005),

–   having regard to Rules 93 and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs and the Committee on Legal Affairs (A6-0277/2005),

1.  Approves the Commission proposal as amended;

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

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

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

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

Text proposed by the Commission   Amendments by Parliament
Amendment 1
Recital 3
(3)  Point 3.3.2 of the The Hague Programme states that the approximation of substantive criminal law serves the same purposes and concerns areas of particular serious crime with cross border dimensions and that priority should be given to areas of crime that are specifically mentioned in the treaties. The definition of offences relating to participation in a criminal organisation should therefore be approximated in all the Member States. Moreover, penalties corresponding to the seriousness of these offences should be envisaged against natural and legal persons who committed them or are responsible for their commission.
(3)  Point 3.3.2 of the The Hague Programme states that the approximation of substantive criminal law serves the same purposes and concerns areas of particular serious crime with cross border dimensions and that priority should be given to areas of crime that are specifically mentioned in the treaties. The definition of offences relating to participation in a criminal organisation should therefore be approximated in all the Member States. However, the Member States are also free to classify other groups of persons as criminal organisations, e.g. groups whose purpose is not that of financial or other material gain or which commit offences punishable by deprivation of liberty or a detention order of a maximum of less than four years. Moreover, penalties corresponding to the seriousness of these offences should be envisaged against natural and legal persons who committed them or are responsible for their commission.
Amendment 2
Recital 4
(4)  Provision should be made for a specific offence of "directing a criminal organisation", with provisions to facilitate cooperation between the judicial authorities and coordination of their action via Eurojust.
(4)  Provision should be made for a specific offence of "promoting, setting up, organising or directing a criminal organisation", with provisions to facilitate cooperation between the judicial authorities and coordination of their action via Eurojust.
Amendment 3
Recital 4 a (new)
(4a) Subject to the adoption of a third-pillar data-protection instrument, cooperation between Interpol and Europol should be developed with a view to information being shared for the purpose of investigating transnational organised crime.
Amendment 4
Recital 4 b (new)
(4b) Subject to the adoption of Council Framework Decision .../.../... of ... on the European Evidence Warrant for obtaining objects, documents and data for use in proceedings in criminal matters1, Member States should facilitate the mutual recognition of evidence obtained against the perpetrators of transnational organised crime.
____________
1 OJ L ...
Amendment 5
Recital 5 a (new)
(5a) Given that the development and structuring of highly efficient and mobile international criminal networks slows down investigations, and in order to provide a more appropriate response to this phenomenon and to increase the effectiveness of cooperation between Member States, it would be useful to think about ways of promoting coordinated initiatives at Member State level to develop appropriate instruments such as special inquiry and infiltration methods and techniques, as well as rules on those who turn Queen's evidence, which already exist in some Member States.
Amendment 6
Recital 6 a (new)
(6a) This Framework Decision is expected to provide a basis for persuading third countries to introduce similar regulations. The Member States should set an example by giving strong proof of their determination.
Amendment 7
Recital 7 a (new)
(7a) Criminal organisations cross the internal borders of the European Union with impunity and considerable benefit to themselves, while police officers, their powers being limited to their home Member State only, cannot (except in certain short-term situations).
Amendment 8
Recital 8
(8)  This Framework Decision respects the fundamental rights and principles recognised by the Charter of Fundamental Rights of the European Union, and in particular Articles 6 and 49 thereof,
(8)  This Framework Decision respects fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they emerge from the constitutional traditions common to the Member States, as principles of Community law. The Union observes the principles recognised by Article 6(2) of the Treaty on European Union and reflected in the Charter of Fundamental Rights of the European Union, notably Chapter VI thereof. Nothing in this Framework Decision may be interpreted as being intended to reduce or restrict fundamental rights or freedoms such as the right to strike, freedom of assembly, of association or of expression, including the right of everyone to form and to join trade unions with others for the protection of his or her interests and the related right to demonstrate.
Amendment 44
Recital 8 a (new)
(8a) This Decision is to be covered by the safeguards provided for in the proposal for a framework decision on certain procedural rights in criminal proceedings throughout the European Union1, currently in the process of adoption in the Council,
1COM(2004)0328.
Amendment 9
Article 1, paragraph 1
For the purposes of this Framework Decision, "criminal organisation" means a structured association, established over a period of time, of more than two persons, acting in concert with a view to committing offences which are punishable by deprivation of liberty or a detention order of a maximum of at least four years or a more serious penalty in order to obtain, directly or indirectly, a financial or other material benefit.
For the purposes of this Framework Decision, "criminal organisation" means a structured association of more than two persons, acting in concert with a view to committing offences which are punishable by deprivation of liberty or a detention order of a maximum of at least four years or a more serious penalty in order to obtain, directly or indirectly, a financial or other material benefit.
Amendment 10
Article 1, paragraph 2
"Structured association" means an association that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure.
"Structured association" means an association that is not randomly formed for the immediate commission of one or more acts giving rise to a number of different, or a series of, offences and that does not need to have formally defined roles for its members, continuity of its membership or a hierarchical structure.
Amendment 45
Article 1 a (new)
Article 1a
Prevention and control of crime
Member States shall ensure that Europol is strengthened in its role as a channel of information to combat crime, in order to enable it to perform the task of supplying Member States with information and intelligence making for more effective results in terms of preventing and fighting organised crime.
Europol may not be strengthened unless it becomes a European Union body subject to democratic control by the European Parliament.
Amendment 12
Article 2, point (a)
(a) the fact of directing a criminal organisation;
(a) the fact of promoting, setting up, organising or directing a criminal organisation;
Amendment 13
Article 2, point (b)
(b) conduct by any person who, with intent and with knowledge of either the aim and general activity of the organisation or its intention to commit the offences in question, actively takes part in the organisation's criminal activities, including the provision of information or material means, the recruitment of new members and all forms of financing of its activities, knowing that such participation will contribute to the achievement of the organisation's criminal activities.
(b) conduct by any person who, with intent and with knowledge of either the aim and general activity of the organisation or its intention to commit the offences in question, actively takes part in the organisation's criminal activities, including the provision of information or material means, incitement to commit criminal activities, the recruitment of new members and all forms of financing of its activities, knowing that such participation will contribute to the achievement of the organisation's criminal activities.
Amendment 14
Article 2, paragraph 1 a (new)
This Framework Decision shall not have the effect of altering the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union.
Amendment 15
Article 3, paragraph 2 a (new)
2a. Each Member State shall take the necessary measures to ensure that, in addition to the penalties laid down in paragraphs 1 and 2, persons found guilty of offences as referred to in Article 2 may also be made subject to penalties such as:
(a) the seizure of articles which were used or intended to be used to commit the offence concerned and articles which are the reward, proceeds or profit thereof or which constitute the object thereof;
(b) confiscation of goods, the instruments and products stemming from the commission of the offence concerned;
(c) destruction of goods;
(d) publication of judicial decisions;
(e) temporary or permanent disqualification from pursuing a professional or business activity;
(f) disqualification from and ineligibility for political and public office.
Amendment 16
Article 3, paragraph 2 b (new)
2b. Each Member State shall take the necessary measures to ensure that the offences referred to in Article 2 are punishable by a term of imprisonment longer than those provided for in paragraph 1 of this Article where:
(a) the aim of the criminal organisation is terrorism;
(b) the criminal organisation organises trafficking in human beings;
(c) the criminal organisation is of the mafia type, i.e. it makes use of the intimidation inherent in bonds of association and of the power over others and code of silence which arise from that intimidation for the purposes of committing offences, acquiring directly or indirectly the power to manage or control economic activities, licences, authorisations, public contracts and services, gaining unjust enrichment or advantage for itself or others, impeding or obstructing the free exercise of the right to vote, or procuring votes for its members or for others in elections.
Amendment 17
Article 3, paragraph 2 c (new)
2c. The Member States shall ensure that the profits of organised crime may be confiscated or destroyed.
Amendment 18
Article 4, point (a)
(a) renounces criminal activity, and
(a) renounces criminal activity, demonstrates the will to be reintegrated into society, and
Amendment 19
Article 4, point (b), indent 1
– prevent or mitigate the effects of the offence;
– prevent, end or mitigate the effects of the offence;
Amendment 20
Article 4, point (b), indent 2
– identify or bring to justice the other offenders;
– identify or arrest those responsible for offences as referred to in Article 2;
Amendment 21
Article 4, point (b), indent 3
– find evidence;
– find evidence relating to the offences referred to in Article 2;
Amendment 24
Article 5, paragraph 1, introductory wording
1.  Each Member State shall take the necessary measures to ensure that legal persons can be held liable for any of the offences referred to in Article 2 committed for their benefit by any person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on one of the following:
1.  Each Member State shall take the necessary measures to ensure that legal persons can be held liable for any of the offences referred to in Article 2 for the commission of which the organisation was established, committed for their benefit by any person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on one of the following:
Amendment 25
Article 5, paragraph 1, point (a)
(a) a power of representation of the legal person;
(a) a power of representation of the legal person, including a de facto power;
Amendment 26
Article 5, paragraph 1, point (b)
(b) an authority to take decisions on behalf of the legal person;
(b) an authority to take decisions on behalf of the legal person, including a de facto authority;
Amendment 27
Article 5, paragraph 3
3.  Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators of or accessories to any of the offences referred to in Article 2.
3.  Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators of any of the offences referred to in Article 2 for the commission of which the organisation was established.
Amendment 28
Article 6, point (b)
(b) temporary or permanent disqualification from the practice of commercial activities;
(b) temporary or permanent disqualification from the practice of business activities;
Amendment 29
Article 6, point (e a) (new)
(ea) the seizure of articles and instruments which were used or intended to be used to commit the offences referred to in Article 2 and articles which are the reward, proceeds or profit thereof or which constitute the object thereof.
Amendment 30
Article 6, point (e b) (new)
(eb) destruction of goods;
Amendment 31
Article 6, point (e c) (new)
(ec) publication of judicial decisions.
Amendment 32
Article 7, paragraphs 2 and 3
When an offence referred to in Article 2 falls within the jurisdiction of more than one Member State and when any one of the States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offenders with the aim, if possible, of centralising proceedings in a single Member State. To this end, the Member States shall, if necessary, have recourse to the services of Eurojust.
When an offence referred to in Article 2 falls within the jurisdiction of more than one Member State and when any one of the States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offenders with the aim, if possible, of centralising proceedings in a single Member State. To this end, the Member States shall, if necessary, have recourse to the services of Eurojust. If the Member States do not reach a joint decision within two months, Eurojust shall decide.
Sequential account shall be taken of the following factors:
Sequential account shall be taken of the following factors:
(a) the Member State in whose territory the acts were committed;
(a) the Member State in whose territory the acts were committed;
(b) the Member State of which the offender is a national or resident;
(b) the Member State of origin of the victims;
(c) the Member State of origin of the victims;
(c) the Member State of which the offender is a national or resident;
(d) the Member State in whose territory the offender was found.
(d) the Member State in whose territory the offender was found.
Amendment 33
Article 7, paragraph 3, point (d a ) new
(da) the Member State which first brought the criminal proceedings.
Amendment 34
Article 8, paragraph 1
1.  Member States shall ensure that investigations into, or prosecution of, offences covered by this Framework Decision are not dependent on a report or accusation made by a person subjected to the offence, at least if the acts were committed in the territory of the Member State.
1.  Member States shall ensure that investigations into, or prosecution of, offences covered by this Framework Decision are conducted in the most efficient way, with full respect for human rights, and are not dependent on a report or accusation made by a person subjected to the offence, at least if the acts were committed in the territory of the Member State.
Amendment 35
Article 8, paragraph 2
2.  In addition to the measures laid down in Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings, each Member State shall, if necessary, take all measures possible to ensure appropriate assistance for victims" families.
2.  In addition to the measures laid down in Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings, each Member State shall, if necessary, take all measures possible to ensure appropriate protection and assistance for victims and their families.
Amendment 36
Article 8 a (new)
Article 8a
Serious and Organised Crime Unit and Asset Recovery Unit
Each Member State shall establish a Serious and Organised Crime Unit and an Asset Recovery Unit, to ensure coordination at national level and to act as a single contact point.
Amendment 37
Article 8 b (new)
Article 8b
Protection of witnesses and police informants
Each Member State shall adopt the necessary measures to ensure that persons who supply information useful for the prevention, detection and/or punishment of crimes committed by criminal organisations, whether they are witnesses or offenders, as referred to in Article 4, are adequately protected against the risks of retaliation, threats or direct intimidation targeting themselves or their relatives.
Amendment 38
Article 8 c (new)
Article 8c
International cooperation
The Member States shall take the necessary measures to ensure international cooperation, inter alia by creating joint investigation teams.
Amendment 39
Article 10, paragraph 1 a (new)
1a. Member States shall collect statistics on the offences referred to in Article 2 and shall forward those statistics to the Commission, which shall draw up harmonised and comparable statistics as from 2006.
Amendment 40
Article 10, paragraph 2
2.  The Member States shall transmit to the General Secretariat of the Council and to the Commission, by [ ... ] at the latest, the provisions transposing into their national law the obligations imposed on them by this Framework Decision. The Council, acting on the basis of a report established on the basis of this information and a written report transmitted by the Commission, shall, by [ ... ] at the latest, assess the extent to which Member States have taken the necessary measures to comply with this Framework Decision.
2.  The Member States shall transmit to the General Secretariat of the Council and to the Commission, by [ ... ] at the latest, the provisions transposing into their national law the obligations imposed on them by this Framework Decision. The European Parliament and the Council, acting on the basis of a report established on the basis of this information and a written report transmitted by the Commission to the European Parliament and the Council, shall, by [ ... ] at the latest, assess the extent to which Member States have taken the necessary measures to comply with this Framework Decision.

(1) Not yet published in OJ.


Strategy against an influenza pandemic
PDF 122kWORD 46k
European Parliament resolution on the strategy against an influenza pandemic
P6_TA(2005)0406B6-0548/2005

The European Parliament,

–   having regard to Article 152 of the Treaty,

–   having regard to Oral Question O-0089/2005 by the Committee on the Environment, Public Health and Food Safety pursuant to Rule 108 of its Rules of Procedure,

–   having regard to the statement by the Commission,

–   having regard to Rule 108(5) of its Rules of Procedure,

A.   whereas the World Health Organization (WHO) has issued a warning of a possible influenza pandemic in the near future,

B.   whereas an influenza virus could spread within a few days from one continent to another,

C.   whereas combating an influenza virus requires the right and antivirals in sufficient quantities,

D.   whereas a likely source of a pandemic would be a Highly Pathogenic Avian Influenza virus (H5N1) which, following mutation or recombination with the human influenza virus, may produce a highly aggressive influenza which is not covered by existing vaccines and therefore requires a 'new' vaccine,

E.   whereas the greatest risk of an influenza pandemic is from Asian countries, in which this Highly Pathogenic Avian Influenza virus strain has been spreading for two years despite continued efforts by the competent authorities to contain the disease, and whereas it is therefore in the EU's own interests, as well as those of international solidarity, to provide greater support to these countries,

F.   whereas the development and production of new vaccines is difficult and expensive and could take at least six months from the time when the virus is isolated and studied,

G.   whereas the potential threat of the avian influenza virus recombining with seasonal influenza would be reduced by ensuring that all those at high risk of exposure to the avian influenza virus are immunised against seasonal influenza,

H.   whereas there is a substantial risk of inadequate, inequitable and delayed supply of vaccines in countries which do not produce them,

I.   whereas the occurrence of a pandemic outside the EU would also entail a serious health threat to the citizens of the European Union,

J.   whereas Member States are responsible for taking the necessary measures to prevent and prepare for an influenza pandemic, but the Commission plays the coordinating role,

1.  Considers the warnings by the WHO and the European Centre for Disease Prevention and Control (ECDC) about a potential influenza pandemic to be extremely serious; points out that an outbreak in one Member State or in the EU's neighbouring areas would cause an immediate health threat to the whole European Union;

2.  Urges the Member States to take all necessary steps to prevent recombination of H5N1 into a flu virus that can be transmitted from person to person; insists therefore that workers in and connected to the poultry sector be vaccinated as a matter of priority;

3.  Points out that, in this connection, prior provision must be made for emergency plans in the event of human contamination, and that such emergency plans must seek to:

   - secure the necessary coordination between Member States,
   - ensure the necessary consultation and exchange of information with third countries,
   - avoid panic among the general public,
   - combat any trafficking of birds that may arise should serious risks actually emerge,
   - determine the areas to be isolated as a priority,
   - identify the population groups to be vaccinated as a priority,
   - ensure fair and universal distribution of products against a human influenza pandemic;
   - provide for an effective public communication and information strategy;

4.  Urges the Council to come to an agreement on influenza preparedness plans which guarantees the commitment of all Member States; stresses that these plans should include advance purchase agreements to ensure adequate supplies of vaccines and antivirals to meet pandemic demand as well as antibiotics to treat secondary infections to do so without delay and to communicate them to the Commission; urges all Member States to update their plans according to the results of real-time simulations and the new WHO and ECDC recommendations and to communicate those updates to the Commission;

5.  Calls on the Commission to strengthen its coordinating role in close collaboration with the ECDC and to support the efforts of Member States by offering technical advice for their preparedness planning; calls on the Commission to report regularly to the European Parliament on the state of play and the actual amounts of vaccines in stock;

6.  Urges the Commission to implement, together with the ECDC, a comprehensive communication strategy in the event of a pandemic;

7.  Points out that the key element in efficient preparedness is the timely development and quantitatively adequate production of vaccines and antivirals; calls on the Commission and the Member States to cooperate with industry in order to undertake the necessary steps for the production of new vaccines in the shortest possible time, which can, according to scientists, be between three and eight months;

8.  Urges Member States to increase influenza vaccination coverage before a pandemic in accordance with WHO recommendations, which will also encourage industry to expand production capacity to meet the expected pandemic demand for vaccines; calls on Member States to target poultry farmers as part of the highest-priority wave of vaccination in order to reduce the chances of recombination of human and avian influenza viruses at one of the most important potential interfaces; reminds Member States that stockpiling vaccines and antivirals with a view to a pandemic will be less costly than the losses after an outbreak without vaccines;

9.  Notes that Member States have very different financial resources for stockpiling vaccines and antivirals as well as for advance purchase agreements with industry; suggests that the Commission consider the possibility of using the EU Solidarity Fund as a precautionary instrument for pre-emptive action in preparation for an influenza pandemic, including the production of new vaccines and the development of new testing methods;

10.  Urges the Commission to ensure a continuous exchange of information with the affected countries; takes the view that the European Union should provide assistance to the affected countries in order to help them enhance their risk assessment and containment capacities;

11.  Points out that the principal source of infection still remains the countries of South-East Asia; asks the Commission and the Council, therefore, to cooperate with these countries economically and scientifically in order to eradicate this principal source, especially considering that the possibilities of virus mutation are very high;

12.  Calls on the Commission and the Member States to increase their support for the countries currently most affected by the avian influenza virus and to provide efficient technical aid in order to contain the virus and reduce the risk of its mutation or recombination into a form which could start a pandemic;

13.  Calls on the Commission and Member States to support a vaccination programme for all poultry farmers in countries affected by avian influenza, noting that these workers are at one of the most important interfaces between the human and avian influenza viruses, where a strain causing a global pandemic could originate;

14.  Calls on the Commission to present a plan to ensure a rapid and effective redeployment of vaccines and antivirals in case of an outbreak in order to prevent the pandemic from spreading, taking into account especially Member States which do not produce vaccines and antivirals;

15.  Points out that inspections, investigating the trekking routes of migratory birds, random screening of animals and vaccination against avian influenza can be effective tools to supplement disease control measures; welcomes, therefore, the recent proposal from the Commission for a new directive on Community measures for the control of avian influenza, in which vaccination has taken a more prominent role in combating this disease; urges Member States to make optimal use of this instrument so as to reduce as much as possible the necessity for mass slaughter of animals, and calls on all actors in the meat sector to fulfil their responsibility in this matter by guaranteeing the sale of products originating from vaccinated and unvaccinated animals alike;

16.  Asks the Council to adopt a plan on the prevention of the spread of influenza from country to country by means of restrictions on international travel and to have in place plans for port and airport health checks;

17.  Calls on the Health Council to mandate the Commission to take emergency measures within 24 hours, should a flu pandemic reach the EU or bordering states, such as quarantine and disinfection measures at airports for flights from infected regions, and travel restrictions;

18.  Calls on the Commission to provide support for preventive and cooperation measures and technical aid to third countries, especially those in Asia, with the aim of ensuring prevention and diagnosis in the countries of origin of avian influenza;

19.  Urges the Commission to help Member States to draw up plans for quarantine arrangements;

20.  Calls on the European Union institutions to draw up their own preparedness plans;

21.  Urges the Member States effectively to communicate to their citizens the risks of spreading the disease through travelling;

22.  Urges the Member States and the Commission to make available funds for assistance to South Asian countries in combating the disease in terms of expertise and finance;

23.  Instructs its President to forward this resolution to the Council, the Commission and the Member States.


Patents on biotechnological inventions
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European Parliament resolution on patents for biotechnological inventions
P6_TA(2005)0407RC-B6-0551/2005

The European Parliament,

–   having regard to Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions(1) ("the Directive"),

–   having regard to the Council's Statement of reasons annexed to Common Position (EC) No 19/98 adopted by the Council on 26 February 1998 with a view to adopting Directive 98/44/EC of the European Parliament and of the Council on the legal protection of biotechnological inventions(2),

–   having regard to the Council of Europe's Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine, signed in Oviedo in 1997,

–   having regard to the Convention on the Grant of European Patents of 5 October 1973 (European Patent Convention),

–   having regard to its resolution of 30 March 2000 on the decision by the European Patent Office with regard to patent No EP695351 granted on 8 December 1999(3),

–   having regard to the Report from the Commission to the Council and the European Parliament entitled 'Development and implications of patent law in the field of biotechnology and genetic engineering', COM(2005)0312 final,

–   having regard to Rule 103(4) of its Rules of Procedure,

A.   whereas biotechnology is one of the most important technologies for the future and has to be supported by a suitable political framework, also taking account of ethical, environmental and health aspects,

B.   whereas patents are necessary to promote innovation,

C.   whereas biotechnology is playing an increasingly important role in a broad range of industries and the protection of biotechnological inventions will certainly be of fundamental importance for the Community's industrial development,

D.   whereas specific problems exist in the area of biotechnology, resulting in a need for general patent law to be fleshed out by appropriate specific rules,

E.   whereas the definition of ethically motivated limits is of particular importance in biotechnology,

F.   whereas the European Patent Office granted a patent on 2 February 2005 (EP1257168) that includes a method of selection of human germ cells and of the germ cells themselves,

G.   whereas opposition has been made to this decision, so that the legal situation is still unclear,

H.   whereas the European Patent Office has also granted European Patents EP1121015 and EP1196153, which also cover human germ cells, and EP1121015 covering frozen human embryos,

I.   whereas the European Patent Office accepted the opposition to patent EP695351 (the Edinburgh Patent) and made it clear that patents on human embryonic stem cells cannot be granted,

J.   whereas the Directive allows the patenting of human DNA only in connection with a function, but it is unclear whether a patent on DNA covers only the application in this function or whether other functions are also covered by the patent,

K.   whereas the issue to be reviewed, according to the first report submitted under Article 16(c) of the Directive, is the question whether patents on gene sequences (DNA sequences) should be allowed in accordance with the classical model of patent claim, whereby a first inventor can claim an invention which covers possible future uses of that sequence, or whether the patent should be restricted so that only the specific use disclosed in the patent application may be claimed ("purpose-bound protection"),

L.   whereas over-generous granting of patents can stifle innovation,

M.   whereas the public must be fully informed and the European Union must play a leading role in promoting public debate,

N.   whereas for the creation of embryonic stem cells embryos have to be destroyed and the patenting of technologies where human embryos are destroyed or used for commercial or industrial purposes is excluded according to Article 6(2)(c) of the Directive,

O.   whereas Article 6 of the Directive excludes the cloning of human beings and the Council made it clear in its explanatory statements to Parliament that this ban on patenting does not cover only reproductive cloning and that the term 'human being' in this regard includes the embryonic phase,

1.  Supports biotechnology as a future technology and considers that an appropriate political framework is important to support this technology, also taking account of ethical, environmental and health aspects;

2.  Considers the patenting of biotechnological inventions in accordance with common rules throughout Europe to be an important precondition for the provision in Europe of appropriate support for this future technology;

3.  Supports further stem-cell research and other alternatives to promote human health but underlines its fundamental position regarding the application of biotechnology to human beings, especially the rejection of interventions in the human germ line, the rejection of cloning of the human being in all phases of its development and the rejection of research on human embryos, which destroys the embryo;

4.  Considers that the Directive provides the framework for this in most cases, but that it still leaves important questions open, such as the patenting of human DNA;

5.  Calls on the European Patent Office and the Member States to grant patents on human DNA only in connection with a concrete application and for the scope of the patent to be limited to this concrete application so that other users can use and patent the same DNA sequence for other applications (purpose-bound protection);

6.  Calls on the Commission to examine whether this interpretation of the Directive can be achieved by means of a recommendation to the Member States or whether it requires an amendment to Article 5 of the Directive;

7.  Reaffirms that no consideration of research can be allowed to override that of the dignity of human life;

8.  Notes the setting up of an informal Group of Advisers on the Ethical Implications of Biotechnology, as announced in the first report submitted under Article 16(c) of the Directive, which is mandated to analyse important issues surrounding biotechnological inventions and to advise the Commission on the preparation of future reports;

9.  Points out that germ cells are not patentable as part of the human body and certainly not an invention, and that patent EP1257168 therefore constitutes an infringement of the Directive;

10.  Points out its deep concern about any plan to introduce methods for the selection of sex in humans;

11.  Notes that any person may file a notice of opposition to the patent according to Article 99(1) of the European Patent Convention;

12.  Asks the Commission to file a notice of opposition to patent EP1257168 without delay;

13.  Calls on the European Patent Office, the Commission and the competent authorities in the Member States to work together with Parliament to confirm that all kinds of human cloning are excluded from patenting under the Directive;

14.  Insists that the creation of human embryonic stem cells implies the destruction of human embryos and that therefore the patenting of procedures involving human embryonic stem cells or cells that are grown from human embryonic stem cells is a violation of Article 6(2)(c) of the Directive;

15.  Takes note of the conclusions of the second report concerning the scope of patents and the patentability of stem cells;

16.  Calls on the Commission in the next report to consider carefully the proper implementation of Article 4(1)(a) of the Directive;

17.  Calls on the Commission to continue monitoring developments, taking into account both the ethical aspects and the potential impact on the accessibility and affordability of health care and competitiveness;

18.  Requests the European Patent Office to set up a further body which, because of the sensitivity of the issue, checks patents that are sensitive from an ethical point of view before they are granted;

19.  Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States and the European Patent Office.

(1) OJ L 213, 30.7.1998, p. 13.
(2) OJ C 110, 8.4.1998, p. 17.
(3) OJ C 378, 29.12.2000, p. 95.


Economic migration
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European Parliament resolution on an EU approach to managing economic migration (COM(2004)0811 - 2005/2059(INI))
P6_TA(2005)0408A6-0286/2005

The European Parliament,

–   having regard to the Commission Green Paper on an EU approach to managing economic migration (COM(2004)0811),

–   having regard to the Universal Declaration of Human Rights, and in particular to Article 13 thereof on freedom of movement and residence and the right to return,

–   having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and in particular to Article 8 thereof on the right to respect for private and family life,

–   having regard to the Charter of Fundamental Rights of the European Union, and in particular to Article 15 thereof on professional freedom and the right to work,

–   having regard to the Commission communication entitled 'Study on the links between legal and illegal migration' (COM(2004)0412),

–   having regard to the Commission communication entitled 'First Annual Report on Migration and Integration' (COM(2004)0508),

–   having regard to the opinions of the European Economic and Social Committee and the Committee of the Regions of 15 December 2004 and 24 January 2005 on the Commission Communication entitled 'Study on the links between legal and illegal migration',

–   having regard to its resolution of 15 January 2004 on the Communication from the Commission on immigration, integration and employment(1),

–   having regard to the Treaty of Amsterdam, which conferred on the Community tasks and responsibilities in the areas of immigration and asylum, and to Article 63 of the EC Treaty,

–   having regard to conclusions of the European Council at its meetings of 15 and 16 October 1999 in Tampere, 14 and 15 December 2001 in Laeken, 21 and 22 June 2002 in Seville and 19 and 20 June 2003 in Thessaloniki,

–   having regard to its recommendation to the Council and to the European Council of 14 October 2004 on the future of the area of freedom, security and justice as well as on the measures required to enhance the legitimacy and effectiveness thereof(2),

–   having regard to the conclusions of the European Council at its meeting of 4 and 5 November 2004 in Brussels and the attached Hague Programme,

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Development, the Committee on International Trade and the Committee on Women's Rights and Gender Equality (A6-0286/2005),

A.   whereas it should be the task of the European Union, in the interests of the managed migration of workers into the Community and of full employment, to develop a common migration policy in accordance with Community development policy and alongside the effective implementation of the right of freedom of movement of persons within the Community,

B.   whereas there is no European migration policy providing a comprehensive and coordinated framework, and it is necessary for the European Union and its Member States to manage existing migratory flows,

C.   whereas the EU must create a genuine European immigration policy as soon as possible,

D.   whereas economic immigration can help in the management of existing migratory flows, having as one of its important potential effects the reduction of illegal migration, and whereas it can also have the knock-on effect of helping to combat exploitation of illegal immigrants in the black economy and trafficking in people,

E.   whereas economic migration is only a part of the solution to the Community's demographic and economic difficulties; whereas, in order to meet the challenges of globalisation, efforts should be made to find new solutions in the field of economic policy and the labour market, notably in relation to the balance between professional and family life for women and men and equal pay for equal jobs,

F.   whereas a European immigration policy must be based on respect for the fundamental rights of the person, pursuant to the international conventions in force,

G.   having regard to the forecasts concerning the ageing of Europe's active population and the future threats to intergenerational solidarity in Europe, which will generate new needs for both skilled and unskilled labour in all the Member States,

H.   whereas, with regard to immigration, the Member States have developed from being countries of origin into countries of destination,

I.   whereas, in view of the fact that migratory flows involve not only the border countries but also the European Union as a whole, it is all the more necessary to adopt a common immigration policy,

J.   convinced that, as an area without internal frontiers, the European Union must pursue a common, coherent and effective approach to securing its external borders and devise a common visa, asylum and immigration policy which is based on mutual respect and solidarity and consistent with international human rights obligations in order to guarantee a safe European society; whereas such a policy must respect fundamental rights, include the fight against discrimination, racism and xenophobia and regulate migration on a global, balanced and humane basis,

K.   whereas the deadline for transposition of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents(3) will expire on 23 January 2006, and whereas that directive provides that, if a third-country national has resided legally in a Member State for five years, he or she may acquire long-term resident status and consequently the right to reside in another Member State,

L.   whereas immigration on economic grounds represents a major challenge to the European Union which calls for a common approach rather than a strictly national view of the migration issue,

M.   whereas immigration has proven to have positive effects on the labour market (dynamism) and should therefore be welcomed as an opportunity, rather than defined as a security issue,

N.   whereas economic migration policies should be linked to the Lisbon Strategy and the European Employment Strategy,

O.   convinced that measures to regulate legal immigration and integration must be accompanied by measures to secure external borders, a return policy and measures to combat illegal immigration and human trafficking and the exploitation of immigrants in illegal employment,

P.   convinced that a successful policy of legal immigration also depends on the implementation of a comprehensive and more pro-active strategy to achieve full integration, covering a range of social, economic and civic measures, as well as introduction programmes and language training, given that immigration and integration policies must not be considered separately,

Q.   whereas it is essential to guarantee full respect for the right to family life for all immigrants legally resident on EU territory, pursuant to the European Convention on Human Rights, and whereas it is necessary to revise Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification(4) in order to ensure that this right is respected,

R.   aware that cooperation between the European Union and its Member States and countries of origin is of major importance and needs to be accompanied by a genuine policy for codevelopment,

S.   whereas all Member States should ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,

T.   whereas illegal employment is the greatest draw for illegal immigration, and therefore Member States should step up efforts to tackle illegal employment and to deter and punish persons who employ illegal migrants,

1.  Regrets that the Council has decided to maintain unanimity and the consultation procedure in the whole area of legal immigration; however, believes that only by means of the codecision procedure will it be possible to adopt effective and transparent legislation in that field;

2.  Recalls that migrants have made a major contribution to the prosperity and the economic, cultural and social development of the Member States, and continue to do so;

3.  Considers that economic migration is a positive human phenomenon which has always promoted the development of civilisations and cultural and technological exchanges;

4.  Regrets that the Council has not yet managed to adopt a common immigration policy, and has concentrated essentially on the punitive aspect (readmission agreements, police checks at borders, etc);

5.  Points out that the effective development of a common migration policy with due regard for fundamental rights and international human rights obligations is a priority goal of European integration and has been notably reiterated in the Hague Programme adopted on 4 and 5 November 2004;

6.  Recalls that the right to vote is a matter of Member State competence;

7.  Considers that, in order to encourage the social and political integration of migrant workers, they should be granted equivalent rights; calls, therefore, on the Member States, the Commission and the Council to take all necessary steps to ensure recognition of the right of migrants who have been continuously resident in the Union for at least five years to vote in local and European Parliament elections;

8.  Calls upon the Member States to create specific residence permits designed to facilitate the search for work;

9.  Calls on the Commission to ensure the inclusion in decisions and framework decisions of all the provisions of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families adopted by the UN General Assembly on 18 December 1990, which is aimed at integrating migrant workers; calls on the Member States, in accordance with its resolution of 24 February 2005 on the EU's priorities and recommendations for the 61st session of the UN Commission on Human Rights in Geneva (14 March to 22 April 2005)(5) and the European Economic and Social Committee opinion(6), to ensure the prompt ratification of the said UN Convention, which not a single Member State has ratified to date;

10.  Emphasises that migration requires a differentiated approach depending on the reasons for entry, such as asylum, flight or economic migration;

11.  Calls on Member States to remove immediately all barriers to free movement for EU citizens;

12.  Considers that the European Union's immigration policy must follow a global and coherent approach based on synergies between various policy areas and not merely on labour market requirements in the Member States;

13.  Insists on the need to adopt a common immigration policy in order to end the widespread exploitation of workers made vulnerable by the absence of legal immigration channels;

14.  Calls on the Commission, in designing a European framework for economic migration, to take into account the different policies and experiences existing in the Member States, and stresses that a constant evaluation of the impact of migration policy on other EU policies, including trade policy, should be carried out;

15.  Favours the possibility of making entry conditions more flexible and effective, with provision for a residence permit for purposes of employment, minimum standards for the admission of third-country nationals for the purpose of working either as employees or as self-employed persons, and residence and work permits for seasonal workers or those employed on a time-limited basis;

16.  Believes that it is essential to strengthen solidarity, particularly with the new Member States, in the development of measures for the integration of migrants;

17.  Points out that mass regularisation aims to provide prospects for illegal migrants, but is no substitute for substantial policies for dealing with immigration or an effective means of recruiting economic migrants;

18.  Calls on the Commission and the Member States to take account of the circumstances of migrants already present on Union territory (asylum seekers, migrant workers' relatives, students, illegal immigrants and others) who are already contributing to the prosperity of the Union's economy but enjoy no legal recognition;

19.  Emphasises that economic migration is part of the solution to the problem of Europe's ageing population and its economic difficulties and believes that the Member States must adopt new approaches to economic and employment policies, including policies reconciling professional and family life, if they are to meet the challenges of a globalised world;

20.  Recalls that problems within the EU labour market should be solved not only by economic migration but also by stimulating innovation and new technologies, increasing productivity and encouraging the employment of older workers in the EU;

21.  Recommends that the Council take suitable action to facilitate exchange of information and better policy coordination;

22.  Calls on the Commission to analyse the Member States' tested methods of combating illegal immigration;

23.  Draws attention to the importance of the inclusion by the European Union, in all the association and cooperation agreements it concludes, of clauses on the common management of migratory flows and compulsory readmission in the event of illegal immigration;

24.  Calls on the Commission and the Member States to launch public awareness and information campaigns on legal immigration policies and their positive impact, notably in order to dispel public anxiety and create a positive image of immigration;

25.  Calls on the Commission to draw up a proposal for a directive laying down minimum and sufficient criteria for admitting third-country nationals into the Union for purposes of employment, the main objective being to open up legal channels for immigration;

26.  Believes that this legislation should define an overall (rather than sectoral) regulatory framework of reference;

27.  Is convinced that it is preferable to put in place one single administrative procedure for issuing an employment and residence permit for an economic migrant, taking into account the subsidiarity principle;

28.  Notes that, in principle, the admission of an economic migrant under such a system should be linked to the existence of a specific job; however, calls on the Commission to investigate the possibility of issuing special residence permits for jobseekers and the self-employed;

29.  Calls on the Member States to consider the introduction of special combined residence and work permits in order to facilitate the recruitment of workers on a seasonal or time-limited basis;

30.  Believes that the proposal should, in order to reduce illegal immigration and black labour, include provisions enabling migrant workers to enter for the purposes of seeking employment;

31.  Calls on the Commission to clearly define the rights and obligations of an economic migrant;

32.  Calls on the Commission to define a return policy, based on the promotion of voluntary return, including possibly supportive measures in the country of origin;

33.  Calls on the Commission to look also into the issue of possible over-stayers, taking into account the duration of employment and residence, the presence of family members and the degree of integration;

34.  Calls on the Member States to take into account not only economic interests but also all other legitimate interests when authorising labour migration so that authorisation is the outcome of a balanced weighing-up of the interests involved;

35.  Calls on the Commission to consider the setting of minimum standards with regard to selection norms and to the certification of foreign diplomas;

36.  Calls on the Commission to devise and implement jointly with Member States, without delay, guidelines on the objective compiling of meaningful statistics so as to obtain a complete and differentiated picture of migration and its economic impact in the Member States and countries of origin, and on existing labour requirements in the whole of the European Union;

37.  Advocates, in the knowledge that Member States are responsible for decisions to select and determine the number of third-country nationals in their territory, that data from Member States be evaluated and, where appropriate, global estimates made;

38.  Calls on the Commission to examine the possibility of local and/or regional information/contact points for European companies interested in employing economic migrants;

39.  Calls on the Member States to provide the Commission with estimates backed up by statistics so that it can provide forecasts of labour requirements in the whole European Union;

40.  Encourages Member States to establish a dedicated website with job vacancies, so as to provide up-to-date and publicly accessible information to applicants, and to make the job vacancies available on the EURES website;

41.  Calls on the Commission, when preparing its future action plan, to include provisions enabling the exchange between the Member States of best practices in the area of integration;

42.  Draws attention to the responsibility of individual Member States in matters of integration, which involves rights and responsibilities not only for the host society but also for immigrants; calls on the Member States to coordinate their individual policies using the open coordination method on the basis of the common guidelines on EU immigrant integration policy adopted by the Council on 19 November 2004;

43.  Calls on the Commission to propose a regulation to ensure that, following their return to developing countries, economic migrants have access to the money paid by them into European social security schemes;

44.  Calls on the Commission and the Member States to pay special attention to the specific situation of women migrants with dependent children, particularly as regards their rights under temporary contracts of employment;

45.  Calls on the host Member States and migrants' countries of origin to conclude agreements to guarantee transfers of entitlements acquired in either country to the other regarding length of service, wherever worked, or social security;

46.  Stresses that payments transferred by migrants from developing countries to their home countries significantly exceed development aid payments and are of huge importance to achievement of the Millennium Development Goal of eradicating poverty, and urges the relevant institutions to make the transfer of payments easier by charging the lowest possible fees;

47.  Emphasises the importance of cooperation between the host society on the one hand and immigrants and their communities of origin on the other;

48.  Considers it necessary to alter the public perception of migration in Europe, notably by actively combating discrimination, racism and xenophobia and including the history of migrations in school curricula;

49.  Is in favour of encouraging 'brain circulation' by extending the principle of 'Community preference' to those who have already worked for some years in the EU before returning to their own country;

50.  Considers it vital that a European economic migration policy should also comprise practical solutions to the problem of the brain drain;

51.  Calls on the Commission to open a dialogue with the governments of countries of origin without delay, in order to achieve balanced legislation that allows migration and enables professional experience to be developed; also calls on the Commission, within the context of this dialogue, to enhance the development of specific measures in the sectors particularly affected by the brain drain, in accordance with the countries concerned;

52.  Calls on the Member States concerned to inform potential immigrants of their options in law and their prospects before they leave countries of origin and calls on the Commission to encourage coordination between the diplomatic and consular services of Member States present in the same country, not least to steer immigrants as far as possible towards Member States that have absorption capacity matching their respective professional profiles;

53.  Recalls that fair treatment and fair rights for migrants are essential;

54.  Points out that the common migration policy must take account of the factors which drive migrants to come to Europe, in some cases risking their lives, and that it must therefore be linked to an active common development cooperation policy;

55.  Stresses the importance of, and the need to strengthen, cooperation not only between the EU and the countries of origin but also between the countries of origin themselves, especially among the countries included in the European Neighbourhood Policy, between the ACP countries and between the former and the latter;

56.  Expects the Commission, when taking measures against organised trafficking in human beings from developing countries, not to criminalise the victims, but to focus on punishing the perpetrators; notes that many women who are victims of human trafficking have no access to legal or social protection;

57.  Calls on the Commission to recognise child migration as a distinct aspect of economic migration and to guarantee the rights of, and protection for, migrants who are minors, pursuant to Article 24 of the Charter of Fundamental Rights of the European Union;

58.  Considers that the regulation of immigration between third countries would help to protect the human and labour rights of immigrants, whilst helping to track down human traffickers and bring them to justice;

59.  Recommends that the Commission make it easier for legal migrants who have returned to developing countries to immigrate again to the EU than for migrants immigrating to the European Union for the first time, in recognition of the experience of integrating which the former have gained;

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

(1) OJ C 92 E, 16.4.2004, p. 390.
(2) OJ C 166 E, 7.7.2005, p. 58.
(3) OJ L 16, 23.1.2004, p. 44.
(4) OJ L 251, 3.10.2003, p. 12.
(5) Texts Adopted, P6_TA(2005)0051.
(6) Opinion SOC/173 of 30 June 2004.

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